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
CA9 Remands Indo-Fijian Asylum Claim
The IJ/BIA erred in failing to conduct an individualized analysis of changed conditions after Petitioner established past persecution, and the BIA abused its discretion in denying Petitioner’s motion to reopen following the 2006 coup in Fiji. (Ali v. Holder, 3/18/11)
USCIS Instructions on Request for Review of Refugee Status Denial
USCIS instructions on writing and filing a Request for Review (RFR) of a denial of an application for refugee status. Instructions include information on the filing deadline, signature requirement, G-28s, and more.
USCIS Final Policy Memorandum on Fee Waiver Guidelines
USCIS 3/13/11 policy memorandum on fee waiver guidelines as established by the final rule of the USCIS fee schedule. USCIS posted the interim memorandum for public comment from 11/22/10 – 12/7/10, reviewed the comments received, and approved the final memorandum on 3/13/11.
ICE To Resume Deportations to Haiti: First Rule “Do No Harm”
No one can argue with the removal of dangerous criminals. That is why grounds of removability for serious crimes are in the law. But when the US effectively dumps hundreds of people, especially thugs convicted of “homicide, rape, sexual assault, robbery, sex offense against children,“ and oth
USCIS Comment Request on Form I-589 Extension
USCIS 30-day comment request on the extension of the validity of Form I-589, Application for Asylum and Withholding for Removal. Comments are due 4/7/11. (76 FR 12751, 3/8/11) (75 FR 74069, 11/30/10)
Combating the Terrorism Bars Before DHS and the Courts
An article reprinted from AILA’s Immigration Practice Pointers 2010-2011 Edition on terrorism-related inadmissibility grounds (TRIG) by Anwen Hughes, Thomas K. Ragland and David Garfield.
Presidential Memorandum on Unexpected Refugee Needs Related to Cote d’Ivoire
A 3/7/11 Presidential Memorandum from President Obama to the Secretary of State authorizing assistance for the purpose of meeting unexpected and urgent refugee and migration needs related to the humanitarian crisis resulting from unrest in Cote d’Ivoire.
Presidential Memorandum on Unexpected Refugee Needs Related to Libya
A 3/7/11 Presidential Memorandum from President Obama to the Secretary of State authorizing assistance for the purpose of meeting unexpected and urgent refugee and migration needs related to the humanitarian crisis resulting from violence in Libya.
USCIS Additional 30-Day Comment Period on Form G-646 Extension (Updated 3/3/11)
USCIS additional 30-day comment period on the extension of the validity of Form G-646, Sworn Statement of Refugee Applying for Admission to the United States. Comments are due 4/4/11. (76 FR 11807, 3/3/11) (75 FR 78263, 12/15/10)
USCIS Additional 30-Day Comment Period on Form I-590 Extension (Updated 3/3/11)
USCIS additional 30-day comment period on the extension of the validity of Form I-590, Registration for Classification as Refugee. Comments are due 4/4/11. (76 FR 11808, 3/3/11) (75 FR 77889, 12/14/10)
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.
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.
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.