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 Memo on Discretionary Exemption for Activities Related to the INC, KDP and PUK
A 1/23/10 USCIS policy memorandum providing guidance on the implementation of a discretionary exemption under INA Section 212(d)(3)(B)(i) for activities related to the Iraqi National Congress, Kurdish Democratic Party and Patriotic Union of Kurdistan.
AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision
AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute.
Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen
The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10)
Withdrawn USCIS Memo on Signature Requirement
AILA liaison has been informed that a USCIS memorandum dated January 19, 2010, addressing signature requirements on applications and petitions, was posted to the USCIS website prematurely and is being withdrawn.
Rep. Steve King–A Modern Scrooge (Unreformed)
Sometimes, there are no words to describe someone's insensitivity. You just have to let them express it themselves. So, I give you the words of Reprsentative Steve King (R. Iowa), explaiing why TPS for Haitians is not necessary: Illegal immigrants from Haiti have no reason to fear deportation, but i
Martin Luther King’s Birthday
This week marks the 81st birthday of the Rev. Dr. Martin Luther King, Jr. His heroic struggle for civil rights, a battle for which he paid with his life, is an inspiration to all Americans. While there has been progress since the 60s, there remains much work to be done. Last week, USCIS Director Ale
Secretary Napolitano’s Statement Announcing TPS for Haitians
Press Office U.S. Department of Homeland Security January 15, 2010 Contact: DHS Press Office, (202) 282-8010 STATEMENT FROM HOMELAND SECURITY SECRETARY JANET NAPOLITANO “As part of the Department's ongoing efforts to assist Haiti following Tuesday's devastating earthquake, I am announcing the design
TPS for Hatians–Thank You Secretary Napolitano
This afternoon, the Department of Homeland Security announced that TPS would be available for Haitians, in the aftermath of this week's earthquake and the devastating storms that hit Haiti in the last 13 months. Thank You. It was the right thing to do, at the right time.
Asylum HQ Liaison Meeting Minutes (12/08/09)
Minutes from the 12/08/09, Asylum HQ liaison meeting cover the following topics: New ICE Parole Policy, Asylum Office Statistics, I-730 interviews, and more.
AILA Liaison/TSC Meeting Minutes (1/13/10)
The 1/13/10 Meeting Minutes address TSC latest updates and addresses, porting letters, petition transfers, asylum, priority date retention, MTRs, withdrawals, ability to pay, RFEs, and more.
CA2 Gives Deference to BIA Holding on Asylum and Forced IUDs
The court held that the BIA’s interpretation that involuntary insertion of an IUD is not “involuntary sterilization” and not a per se ground for granting asylum is entitled to deference. (Huang v. Holder, 1/12/10)
CA8 on CAT Specific Intent Requirement
CA8 denied petition, finding that Convention Against Torture’s specific intent element cannot be satisfied by a showing that severe physical or mental pain or suffering is merely the foreseeable consequence of a deliberate action. (Cherichel v. Holder, 1/12/10)
Haiti–Natural Disaster, Human Tragedy. Its Time For TPS
Haiti, the poorest nation in our hemisphere, and the one of poorest nations in the world, was hit by yet another natural disaster-a 7.0 earthquake. This after a Haiti has endured four major storms in 2008, from which it has yet to recover. Tropical Storm Fay and hurricanes Gustav, Hanna and Ike - po
Unaccountable Foxes Still Standing Guard Over The Same Inhumane Henhouse
by Lory Rosenberg, AILA Board of Governors member The emerging evidence of DHS's disregard and cover-up of immigrant deaths in detention is unconscionable and belongs on page one of everyone's human rights agenda. Yes, these deaths occurred 2+ years ago, but there has been no meaningful action taken
Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention
All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously sufferin
CA7 Finds Denationalization Based on Ethnicity as Form of Persecution in Asylum Case
CA7 remanded, finding that petitioner’s denationalization based on his Eritrean ethnicity was persecution and created a presumption that he has a well-founded fear of being persecuted should he be returned to Ethiopia (Haile v. Holder, 1/06/10)
USCIS Notice on Asylum Information and Pre-Screening System of Records
DHS notice on a new system of records, entitled USCIS-010 Asylum Information and Pre-Screening System of Records. The new system of records is composed of two existing legacy IT systems. The system will be effective 02/04/10. (75 FR 409, 01/05/10)
CA4 Affirms BIA Denial of Motion to Reopen in Asylum Case Pursuant to Removal
The court found that BIA did not abuse its discretion in denying asylum based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. (Sadhvani v. Holder, 12/31/09).
Report on Detention of Refugees in the U.S. Who Fail to Adjust
On 12/29/09, Human Rights Watch issued a report titled “Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status.” The report recommends changing U.S. law to close the legal loophole that allows for detaining these refugees.
AILA Files Amicus Brief in the Supreme Court in Kiyemba v. Obama
AILA filed an amicus brief in the Supreme Court in the case Kiyemba v. Obama, arguing that immigration law poses no meaningful barrier to the petitioners’ release from detention into the U.S. pursuant to the District Court’s habeas corpus authority.
ICE Announces It Will No Longer Detain Asylum Seekers—Or Will It?
There was some good news Wednesday for asylum seekers. ICE assistant secretary John Morton announced that the government would no longer detain them if they can prove their identities, are not dangerous or a flight risk, and have a credible fear of persecution or torture in their home countries. htt
ICE Issues New Procedures for Asylum Seekers Seeking Release From Detention
On December 16, 2009, ICE announced plans to release arriving aliens who have a credible fear of persecution or torture and are currently detained. The new policy will go into effect January 4, 2010. A Fact Sheet follows the News Release.
Senator Leahy Praised Grant of Asylum in Matter of R-A-
On 12/15/09, Senator Leahy praised the grant of asylum to Rody Alvarado, whose asylum claim was based on previous sexual and domestic violence. Persecution of this type had not previously been recognized as a basis for refugee or asylum protection.
DHS and USCIS Announce Full Implementation of Law Providing Permanent Residence Eligibility for Surviving Spouses of U.S. Citizens
DHS has fully implemented recent legislation allowing USCIS to approve immigrant petitions for permanent resident status in the United States filed by or on behalf of widows and widowers of U.S. citizens and their unmarried children under 21 years old.
CA9 on Corroboration under the REAL ID Act in Asylum Case
CA9 denied petition, finding that the BIA properly required corroboration of petitioner's testimony under the REAL ID Act. (Aden v. Holder, 12/8/09)