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 Executive Summary from RAIO Stakeholder Meeting
USCIS executive summary from the 3/2/11 Refugee, Asylum, and International Operations Directorate (RAIO) stakeholder meeting. The RAIO organizational chart and timeline for organizational changes, and the original engagement invitation are attached.
DHS March 2011 Annual Flow Report on Individuals Who Became LPRs in 2010
DHS March 2011 Annual Flow Report presents information obtained from applications for Legal Permanent Resident (LPR) status on the number and characteristics of individuals who became LPRs of the U.S. during FY2010. In 2010, 1,042,625 individuals became LPRs of the U.S.
CA7 Upholds Denial of Lebanese Asylum Claim
The court found that the IJ properly considered Petitioner’s Hezbollah-related claim, did not ignore his future persecution claims, and applied the correct standard of review in denying asylum. (Kiorkis v. Holder, 2/28/11)
CA9 Remands, Discusses Adverse Credibility and Deliberate Fabrication
The court upheld the IJ’s adverse credibility determination as supported by substantial evidence, but found that the heightened requirements for determining that Petitioner’s application for asylum was frivolous were not met. (Liu v. Holder, 2/23/11)
USCIS Memo on New TRIG Exemption for Solicitation
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the solicitation inadmissibility grounds to certain individuals who, under duress, solicited funds or members for a terrorist organization.
USCIS Memo on New TRIG Exemption for Military-Type Training
USCIS 2/23/11 policy memo guiding the implementation of a new discretionary exemption that authorizes USCIS not to apply the military-type training inadmissibility grounds to certain individuals who, under duress, received military-type training from a terrorist organization.
DOS Comment Request on Extension of Refugee Biographic Data
DOS notice of a 30-day comment period on extension of the validity of Refugee Biographic Data, OMB Control Number 1405-0102. Comments are due 3/24/11. (76 FR 9849, 2/22/11)
USCIS Presentation on I-730s and Asylum Based I-485s
USCIS presentation slides on I-730s and asylum-based I-485s from the 2/22/11 stakeholder engagement hosted by TSC and NSC. Original SCOPS announcement on monthly Service Center stakeholder engagements is attached following presentation slides.
CA4 Reverses BIA, Remands MS-13 Asylum Claim
The court found that the BIA’s determination that “family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses” was not a particular social group, was manifestly contrary to law. (Crespin-Valladares v. Holder, 2/16/11)
AILA/LACBA Liaison Meeting Q&As from LA Asylum Office
The 1/26/11 meeting held at the Los Angeles Asylum Office covered questions related to the Los Angeles Asylum Office, including general processing, ABC/NACARA cases, reinstatement issues, credible and reasonable fear interviews, EAD issues for asylum applicants, and more.
CA6 Remands, Finding Past Persecution in Sierra Leone Withholding Claim
The court held that the record established that Petitioner was targeted for his political opinion when his house was burned down, and the totality of the circumstances, including his son’s murder, satisfies a finding of past persecution. (Vincent v. Holder, 2/15/11)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court found (1) the harm Petitioner suffered did not rise to the level of persecution; (2) a lack of connection between the harm and government action or inaction; and (3) no nexus to show that the harm was on account of his religion. (Morgan v. Holder, 2/11/11)
Asylum Division Quality Assurance Referral Sheet
Quality Assurance Referral Sheet dated 2/10/11 provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 11/22/13, contains a list of the types of cases that are required to be reviewed by Asylum Headquarters before a decision on the asylum application can be reached.
USCIS Executive Summary from Teleconference on Asylum and Refugee Follow-to-Join Cases
USCIS executive summary from the 2/8/11 International Operations Division teleconference addressing planned changes to the processing procedures for refugee and asylee follow-to-join cases. The original invitation follows the executive summary.
AILA Liaison Notes on USCIS Teleconference Regarding Refugee/Asylee FTJ Cases
Notes by AILA/USCIS International Operations Liaison Committee from a 2/8/11 USCIS teleconference on the planned changes to the processing procedures for Refugee and Asylee Follow-to-Join (FTJ) cases.
EOIR FY2010 Statistical Year Book
EOIR's FY2010 Statistical Year Book includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
CA2 Asks BIA to Clarify “Aggravating Circumstances” Standard in Forced IUD Case
The court vacated Matter of M-F-W-, and remanded to the BIA to articulate the standard it applied in determining that aggravating circumstances did not exist to raise Petitioner’s forced IUD insertion to the level of persecution. (Wong v. Holder, 2/1/11)
CA9 Finds No Nexus to Political Opinion in Indian Asylum Claim
The court found that the harm Petitioner suffered at the hands of the Indian police was motivated by the desire to stop publication of Petitioner’s father’s book, rather than to persecute Petitioner for his political opinion. (Sharma v. Holder, 2/1/11)
CA3 on Prosecution vs. Persecution
The court denied the petition for review, finding insufficient evidence that the prosecution of Petitioner by the Chinese government for assisting illegal immigrants from North Korea would be based on his political opinion. (Li v. Att’y Gen. of the U.S., 2/1/11)
CA10 Upholds Denial of Christian Indonesian Asylum Claim
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)
CA3 Finds Evidence Tampering Is an Aggravated Felony and Particularly Serious Crime
The court held that tampering with physical evidence in violation of New York Penal Law §215.40(2) is an aggravated felony under INA §101(a)(43)(S) and a particularly serious crime rendering Petitioner ineligible for withholding of removal. (Denis v. Holder, 1/26/11)
USCIS Asylum Division Quarterly Stakeholder Meeting Minutes
USCIS Asylum Division minutes from its 1/25/11 quarterly stakeholder meeting. Topics include contact with Asylum Offices, EAD eligibility, gender-based asylum cases, asylum officer notes, material support, travel documents, and more. Original invitation follows minutes.
CA2 Upholds BIA Denial of Chinese Family Planning Claim
The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11)
CA1 Rejects Asylum Claim Based on Fear of FGM to Daughter
The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
CA4 Denies Salvadoran Withholding Claim Based on Social Group
The court held that young, Americanized, well-off Salvadoran male deportees with criminal histories who oppose gangs is not narrow or enduring enough to clearly delineate its membership or readily identify its members. (Lizama v. Holder, 1/19/11)