Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
USCIS Presentation from January 2013 Webinars on New USCIS Policy Manual (Updated 1/31/13)
USCIS PowerPoint presentation slides from January 2013 webinars on new USCIS Policy Manual, which specifically deals with new and updated policies related to naturalization and citizenship. The original invitation follows the PowerPoint slides.
CA7 Finds Jurisdiction to Review Deferral of Removal Request
The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13)
CA1 Remands Pakistani Petitioner’s Asylum Case
The court found that the BIA and IJ did not properly consider evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13)
CA6 Finds Withholding of Removal Not Available Derivatively
The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
USCIS Asylum Division Memo on Credible Fear Checklist Pilot Program
USCIS Asylum Division memorandum from Acting Chief Ted Kim dated 1/14/13 establishing a pilot program for the use of a credible fear determination checklist in place of the brief written assessment currently required.
CA8 Finds BIA Failed to Consider Future Persecution Claim
The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13)
CA11 Finds BIA Erred in Making De Novo Factual Findings
The court held that the BIA erred in overturning the IJ’s finding that Petitioner would be forcibly sterilized upon returning to China because 8 CFR 1003.1(d)(3) empowers the BIA to review an IJ’s factual findings for clear error only. (Zhu v. U.S. Att’y Gen., 1/4/13)
DOJ OIL December 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) December 2012 Litigation Bulletin where the Eight Circuit ruled that an asylum applicant’s eight-hour detention and unattributed deaths of his children do not constitute past persecution of a particular social group.
CBP Releases Memo, Muster, and Reference Guide on Processing Refugee Applicants
CBP released a redacted memo, muster, and reference guide dated January 2013 on processing refugee applicants, including accompanying and following to join spouses and children. The muster and the guide are almost entirely redacted.
USCIS Asylum Division Fact Sheet on Confidentiality Regulations
USCIS fact sheet dated 10/18/12 on the federal regulations protecting the confidentiality of asylum applicants, including frequently asked questions.
USCIS Asylum Division Handout on Closure of the National Asylee Information and Referral Line
USCIS Asylum division handout included with asylum grant letters, noting that the National Asylee Information and Referral Line listed on the letter is no longer in service and directing asylees to the ORR website for more information on available benefits and services.
DHS Notice on CFR Corrections for Procedures for Asylum & Withholding of Removal
DHS notice on corrections to 8 CFR Part 208 on Procedures for Asylum and Withholding of Removal related to termination of asylum or withholding of removal or deportation. (77 FR 76352, 12/28/12)
DHS Notice on CFR Corrections for Adjustment of Status of Refugees & Aliens Granted Asylum
DHS notice on corrections to 8 CFR Part 209 on Adjustment of Status of Refugees & Aliens Granted Asylum related to medical exams, inadmissible aliens, and more. (77 FR 76352, 12/28/12)
CA1 Upholds Adverse Credibility Determination
The court upheld the IJ’s conclusion that the asylum applicants’ testimony was not credible, and rejected the argument that the BIA improvidently fashioned its own factual findings in order to uphold the adverse credibility determination. (Chen v. Holder, 12/21/12)
26 Individuals Including Six Lawyers Charged with Immigration Fraud Schemes
U.S. Attorney’s Office for the Southern District of New York unsealed indictment of 26 people for allegedly participating in immigration fraud schemes related to the submission of hundreds of asylum applications containing fabricated claims of persecution. (U.S. v. Liu, 12/20/12)
USCIS Announces Asylum Customer Satisfaction Survey Results
USCIS press release on results of Refugee, Asylum & International Operations Directorate (RAIO) Asylum Office Customer Satisfaction Survey where 1,000 customers from eight asylum offices completed a satisfaction survey about their asylum interviews during the past fiscal year.
USCIS Mexico City District and Field Office Fact Sheet
Mexico City District Chapter offers a fact sheet on the USCIS Mexico City District and Field Offices. Topics discussed include general operations, contact information, I-130s, I-360s, I-730s, N-400s, N-407s, I-290Bs, expedite requests, third-country nationals, and more.
CA6 Holds BIA Abused Discretion When Considering Motion to Reopen Asylum Case
The court remanded the case, holding that the BIA abused its discretion when it considered whether there were changed country conditions and when it dismissed evidence simply because the statements were not made before a notary public. (Zhang v. Holder, 12/18/12)
CA2 Reverses BIA on Social Visibility Assessment
The court vacated the BIA order denying asylum, held that a group of potential witnesses against a KLA leader constituted a particular social group, and remanded the case for further consideration. (Gashi v. Holder, 12/18/12)
BIA Upholds Exception To Filing Deadline in Asylum Case With 18-Year Filing Delay
In an unpublished asylum case, the BIA held that the respondent met an exception to the one-year filing deadline to overcome an 18-year filing delay based on the respondent’s HIV-positive diagnosis and struggle to accept his sexuality. Courtesy of Ashley Huebner.
U.S. & Canada Announce Visa and Immigration Information-Sharing Agreement
DOS press release announcing the signing of U.S.-Canada Visa and Immigration Information-Sharing Agreement, which will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country.
CA8 Finds DHS Did Not Violate Asylum Applicant’s Confidentiality Rights
The court rejected the petitioner’s arguments that an overseas DHS investigation violated her confidentiality rights and that the IJ considered untrustworthy evidence, and upheld the BIA’s conclusion she had not suffered past persecution. (La v. Holder, 12/13/12)
SSA POMS on Verifying Asylee Status Through EOIR
SSA’s RM 10211.213 providing instructions on verifying asylee status through EOIR if the SAVE initial verification response does not verify asylee status. Steps to request verification through EOIR should be taken immediately.
SSA POMS on Evidence of Asylee Status When Form I-94 is Submitted
SSA’s RM 10211.207 provides a description of Form I-94 issued to asylees, instructions of verifying asylee status through SAVE using Form I-94, and what to do with SAVE cannot verify asylee status.