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
Asylum HQ Statistics, December 2009
At the 12/08/09, Asylum HQ meeting, the asylum office released Statistics covering: asylum office workload, reasonable/ credible fear workload statistics, asylum applicants from Afghanistan and Iraq, and more.
DHS Issues DRO Reports on Asylum Applicants in Detention
On 12/4/09, DHS issued Detention and Removal Operations reports on asylum applicants in detention and detainees who did not apply for asylum as required by Sections 903 and 904 of the Haitian Refugee Immigration Fairness Act (Public Law 105-277).
Alexander Aleinikoff Named U.N. Deputy High Commissioner for Refugees
On 12/2/09, Alexander Aleinikoff, dean of the Georgetown University Law Center and previously a senior INS official, was named as the new United Nations Deputy High Commissioner for Refugees. Aleinikoff is expected to take up his post on 2/1/10.
CA9 Finds IJ Denied Full and Fair Hearing in Removal Case
CA9 granted petition and remanded with instructions to order a new hearing before the IJ, finding denial of continuance in conjunction with limitations placed on testimony prevented petitioner from full and fairly presenting case. (Rendon v. Holder, 12/2/09)
CA2 on Well-Founded Fear and Government’s Awareness of Banned Activities
The court vacated the denial of asylum and remanded with instructions to provide Petitioner an opportunity to submit any additional evidence "as to the Chinese government's likely future awareness of his involvement with the CDP." (Ge v. Holder, 12/2/09)
CA6 Denies Petition for Rehearing in Persecutor Bar to Asylum Case
CA6 panel denied petition for rehearing in case on the persecutor bar to asylum with Judge Martin dissenting. AILA filed an amicus brief urging the court to rehear the case and modify the persecutor bar section to reflect new case law (Parlak v. Holder, 11/24/09).
CA4 Finds Petitioner Established Past Persecution in the Form of FGM
CA4 held that BIA’s denial of petitioner’s asylum application on the basis of an adverse credibility finding was not supported by substantial evidence, and that petitioner established past persecution in the form of female genital mutilation (Kourouma v. Holder, 11/24/09).
CA3 Finds BIA Ignored Many Atrocities in Asylum Case
The court remanded finding that the BIA failed to consider many atrocities to which petitioner was subjected, testimony that she will be killed if she is returned to Liberia, and documentary evidence. (Sheriff v. Att'y Gen. of the U.S., 11/24/09)
CA10 Finds BIA’s Reasonable Construction of 8 U.S.C. §1231 Entitled to Deference
The court upheld the IJ’s denial of withholding of removal because of N-A-M’s conviction for felony menacing, a “particularly serious crime.” The court found BIA’s reasonable construction of §1231 entitled to the court’s deference. (N-A-M v. Holder, 11/20/09)
DOS Comment Request on Medical Examination for Immigrant or Refugee Applicant
DOS notice of information collection request under emergency review for Forms DS-2053, DS-2054; Medical Examination for Immigrant or Refugee Applicant; DS-3030, Chest X-Ray and Classification Worksheet; OMB Control Number 1405-0113. Comments due by 1/4/10. (74 FR 60305, 11/20/09)
AILA Liaison/Nebraska Service Center Liaison Teleconference Q&As (11/19/09)
The NSC Liaison Committee reports "unofficial" questions and answers from a 11/19/09 NSC teleconference on the Refugee/Asylee Product Line. Topics include Liberian I-485s, HIV Bar, G-325A, concurrent filings and fee waivers, I-693s for derivative asylees, Material Support, I-730s, and I-602 Waivers.
ICE Arriving Alien Parole Statistics for November 2008 – April 2009
ICE released parole statistics from November 2008 until April 2009 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 89 cases were approved in the “public interest” grant category.
ICE Arriving Alien Parole Statistics for May 2008 – October 2008
ICE released parole statistics from May 2008 until October 2008 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 63 cases were denied in the denial category listed as “other.”
ICE Arriving Alien Parole Statistics for November 2007 – April 2008
ICE released parole statistics from November 2007 until April 2008 for arriving aliens found to have a credible fear. The statistics include denial categories, which were not tracked until February 2008.
An Open Letter To ICE Assistant Secretary John Morton
Dear Assistant Secretary Morton: Your assumption of the reins at U.S. Immigration and Customs Enforcement earlier this year has brought optimism. You seem to bring a much needed fresh perspective to the enforcement arm of the Department of Homeland Security.In particular your observation that since
AILA Liaison/Nebraska Service Center Liaison Meeting Q&As (11/4/09)
The NSC Liaison Committee reports "unofficial" questions and answers from the 11/4/09 liaison meeting. Topics include gaps in postmark dates, “refreshing” biometrics, duplicate certified LCs, RFEs in EB-1 and EB-2 cases, referral of I-485s to local offices, National Interest Waivers, and I-824s.
Protecting Stateless Persons: the Role of the U.S. Government
DOS outlined the U.S. government’s four broad foreign policy objectives regarding statelessness in his remarks on “Protecting Stateless Persons: the Role of the U.S. Government” at the Conference on Statelessness sponsored by Refugee Council USA.
CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application
The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).
DHS Interim Final Rule on the Application of Immigration Regulations to the Northern Mariana Islands
DHS and DOJ are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008, which extends the immigration laws of the U.S. to the Commonwealth of the Northern Mariana Islands (CNMI). (74 FR 55725, 10/28/09)
DOJ OIL Immigration Litigation Bulletin June – July 2009
DOJ OIL issues Immigration Litigation Bulletin for June – July 2009. The publication is intended to keep litigating attorneys within the DOJ and DHS informed about immigration litigation matters.
AILA Files Amicus Brief on Persecutor Bar to Asylum
AILA amicus brief in Parlak v. Holder (6th Cir.) urging the court to rehear Parlak and modify the section on the persecutor bar to reflect new Supreme Court case law in Negusie v. Holder.
President Issues FY2010 Refugee Admissions Numbers
President Obama issued a Presidential Determination with FY2010 refugee admissions numbers and authorizations of in-country refugee status. (74 FR 52385, 10/13/09)
Comment Request Period Extended for Form I-730
USCIS extension of an existing Information Collection; Comment Request, for the Form I-730. The comment period will be extended until 11/5/09. (74 FR 51298, 10/6/09)
Asylum HQ Liaison Meeting Minutes (9/08/09)
Minutes from the 9/9/09, Asylum HQ liaison meeting cover the following topics: backlog update, asylum one-year filing deadline, Credible/ Reasonable Fear statistics, expedited removal, local office delays, and more.
Immigration Law Advisor, September 2009 (Vol. 3, No. 9)
Immigration Law Advisor, a legal publication from EOIR, with an article on contested issues in asylum law, federal court activity for August 2009, Brand X developments in the circuit courts, and recent BIA precedent decisions.