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
BIA Finds Couple Obtained Firm Resettlement in Belize
The BIA held that the respondents were firmly resettled prior to coming to the U.S. and thus ineligible for asylum, noting that a fraudulently-obtained permit was still evidence of an offer of firm resettlement. Matter of D-X & Y-Z-, 25 I&N Dec. 664 (BIA 2012)
USCIS Responds to Ombudsman Asylum EAD Clock Recommendations
A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the CIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
USCIS Warning Regarding Scam Targeting Bhutanese Refugees
USCIS warning from the Office of Refugee Resettlement of a new telephone scam targeting Bhutanese refugees.
USCIS Guidance on Adjudicating LGBT Refugee and Asylum Claims
USCIS training module providing guidelines for adjudicating and considering immigration benefits, petitions, protections, or other immigration-related requests by (LGBTI) individuals, as well as related interviewing considerations.
CA11 Upholds Denial of Chinese Asylum Claim
The court found that the BIA set forth specific, cogent reasons for making an adverse credibility finding against the petitioner, who had applied for asylum based on his wife’s forced sterilization. (Chen v. U.S. Att’y Gen., 12/27/11)
AIC Class Action Lawsuit Challenges Asylum Clock Policies
The class action complaint, filed in the Western District of Washington, documents widespread problems with the asylum EAD clock and alleges Defendants’ unlawful actions prevent Plaintiffs from obtaining employment authorization. (A.B.T. v. USCIS , 12/15/11)
USCIS Provides TRIG Statistics from December 2011 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 12/13/11, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA5 on Requiring Corroborating Evidence from Asylum Applicants
The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible. (Yang v. Holder, 12/12/11)
CA11 Vacates Denial of FGM Asylum Claim from Senegal
The court found that the BIA failed to give reasoned consideration to Petitioner’s claim when it found she could relocate within Senegal to avoid being beaten or killed for attempting to protect her U.S. citizen daughter from FGM. (Seck v. U.S. Att’y Gen, 12/8/11)
Secretary of State Clinton’s Remarks on LGBT Rights in Recognition of International Human Rights Day (Updated 12/8/11)
DOS Secretary Clinton’s remarks on International Human Rights Day and transcript of DOS background briefing on international LGBT rights. A White House Presidential Memo on the same issue is also included.
CA3 Says BIA Erred in Making Unqualified Conclusions on CAT “Acquiescence”
The court found that the BIA incorrectly concluded that a number of specific circumstances cannot constitute government acquiescence and that it improperly ignored evidence of the likelihood of torture. (Pieschacon-Villegas v. Att’y Gen. of the U.S., 12/5/11)
CA4 Upholds Adverse Credibility in Cameroonian Asylum Claim
Over dissent, the court upheld the adverse credibility finding based on the inconsistency arising from Petitioner’s eviction notice suggesting she was not in hiding as she claimed and the omission in her application of her role in the SCNC. (Djadjou v. Holder, 12/5/11)
CA4 Grants Petition for Review in Eritrean Asylum Case
In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.
DOJ OIL November 2011 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2011 Litigation Bulletin addresses the Third Circuit’s rejection of “social visibility” and “particularity” requirements for asylum applicants, summaries of recent federal court decisions, issue updates, and more.
USCIS Provides Asylum Statistics from November 2011 Meeting
Asylum statistics provided by the USCIS Asylum Division at their quarterly stakeholder meeting held on 11/30/11, including statistics on the number of incoming cases, nationalities applying for asylum, asylum interviews, credible fear interviews, and more.
USCIS Asylum Division Stakeholder Meeting Minutes and Invitation
USCIS Asylum Division minutes from its 11/30/11 quarterly stakeholder meeting. Topics include asylum division updates, reasonable fear performance goals, statistics, the asylum clock, I-589 cover letters, asylee grant letters and I-485 mailing addresses, and more.
CA7 Upholds Denial of Religion-Based MS-13 Claim
The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang. (Bueso-Avila v. Holder, 11/29/11)
CA5 Finds No Jurisdiction to Review Termination of Asylum
The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction. (Qureshi v. Holder, 11/28/11)
CA3 Remands Asylum Claim of Guatemalan Government Witness
Although the Guatemalan government was willing to protect Petitioner in exchange for her testimony in a murder trial, the fact that it relocated her to Mexico is an admission that it could not actually protect her. (Garcia v. Att’y Gen. of the U.S., 11/28/11)
White House Releases Immigration Action Update (11/22/11)
White House Immigration Action Update e-newsletter circulated on 11/22/11 covers prosecutorial discretion, the asylum clock, synopses from discussions with various groups on immigration, UPIL stakeholder engagement, and more.
USCIS Policy Memo on Material Support and the Provision of Medical Care
USCIS 11/20/11 policy memo on the implementation of a new exemption to apply the material support inadmissibility grounds to certain individuals who provide medical care to persons associated with terrorist activities or organizations.
USCIS Revises Hold Guidance for Cases Involving TRIG to Allow for Some Cases to be Denied
USCIS 11/20/11 policy memo revising existing hold guidance for terrorism-related inadmissibility grounds (TRIG) cases to allow for the denial of some cases currently on hold where a TRIG exemption would not be granted to the applicant even if an exemption were available.
Presidential Report on Proposed Refugee Admissions FY2012
Presidential report to Congress on the proposed refugee admissions for FY2012. The report describes the nature of the refugee situation, admission numbers, plans for resettlement, demographics, other countries' policies, impact on U.S. foreign policy, and more.
CA9 Says CA Residential Burglary Is a Particularly Serious Crime
The court held that a conviction for residential burglary under Cal. Penal code §459 is a crime of violence under 18 USC §16(b) and is therefore a bar to withholding of removal as a particularly serious crime. (Lopez-Cardona v. Holder, 11/18/11)
CA3 Finds IJ Failed to Act as Neutral Arbiter; Reverses Adverse Credibility
The court found that Petitioner’s due process rights were violated when government counsel was unprepared at the merits hearing and the IJ took over cross-examination and ceased functioning as a neutral arbiter. (Abulashvili v. Att’y Gen. of the U.S., 11/15/11)