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
The Search For Truth Reveals Justice
I had a fabulous but all too rare experience with an ICE trial attorney in immigration court last week. The case was a hard fought asylum claim by a Middle Eastern woman who is afraid to go home. I called a country conditions expert as our first witness. After I qualified her the TA asked […]
USCIS Final Rule on Asylum Application Processing
USCIS final rule altering the process by which it forwards Form I-589, Application for Asylum and Withholding of Removal, to DOS. (74 FR 15367, 4/06/09)
CA9 Grants Petition for Review, Evidence in Support of Removability Related to Irrelevant Time Period
Court rejects removability finding where sole ground was petitioner’s failure to attend school while on F-1 visa. Proffered evidence was lack of U.S. education listed on asylum application, but charge in NTA dealt with period after asylum application was filed. (Al Mutarreb v. Holder, 4/6/09)
Two Excellent Editorials in Today’s New York Times
Check out “Border Control“ The Times' editorial arguing that a realistic border policy can only be implemented in conjunction with comprehensive immigration reform http://tinyurl.com/crt8x2. And don't miss Lawrence Downes' thoughtful piece “Don't Deport Benita Veliz“, calling for passage
NSC Liaison Q&A Notes from Refugee/Asylee Product Line Teleconference (3/26/09) (Updated 6/10/09)
The NSC Liaison Committee reports "unofficial" questions and answers from the NSC teleconference on the Refugee/Asylee Product Line that took place on 3/26/2009. Topics include I-131 Refugee travel documents, I-290Bs, Background Checks, I-730s, Fee Waivers, Liberian Refugee adjustments, and more.
USCIS Provides Lesson Plan on Mandatory Bars to Asylum and Discretion
USCIS provided its Asylum Officer Basic Training lesson plan on mandatory bars to asylum and discretion. This lesson describes prohibitions on applying for asylum, exceptions to those prohibitions, and the circumstances that require denial or referral of an asylum application.
AILA/USCIS Liaison Minutes (3/19/09)
Minutes from the AILA/USCIS 3/19/09 liaison meeting, address transparency in adjudications, the weight of USCIS policy memos, specialized knowledge, definition of “affiliated with” for H-1B cap purposes, successor in interest, denials without RFEs and NOIDs, credentials evaluations and more.
BIA Finds that IJ Can Order Continued Detention as Condition of Voluntary Departure
The BIA held that an IJ has the authority to order the continued detention of a foreign national as a condition of voluntary departure after foreign national failed to establish eligibility for asylum, withholding or CAT relief. Matter of M-A-S-, 24 I&N Dec. 762 (BIA 2009)
AILA/EOIR Liaison Q&As (3/19/09)
EOIR Q&As from the AILA EOIR Liaison Committee meeting on 3/19/09, addressing joint requests to administratively close a case, Immigration Judge evaluation, entry of appearance in Immigration Court, electronic access to docket information, Immigration Court Practice Manual and much more.
USCIS Provides Lesson Plan on Well-Founded Fear
USCIS provided part two of its Asylum Officer Basic Training lesson plan on asylum eligibility. The primary focus of this lesson is the determination as to whether an applicant has established a reasonable possibility of suffering future harm in the country of nationality.
USCIS Provides Lesson Plan on Nexus and the Five Protected Characteristics
USCIS provided part three of its Asylum Officer Basic Training lesson plan on asylum eligibility. The primary focus of this lesson is the determination as to whether an applicant has established that past harm suffered or future harm feared is on account of one of five protected characteristics.
USCIS Provides Lesson Plan on the International Religious Freedom Act (IRFA) and Religious Persecution Claims
USCIS provided its Asylum Officer Basic Training Course lesson plan that introduces asylum officers to the International Religious Freedom Act (IRFA) and the particular responsibilities the Act creates with regard to the adjudication of asylum claims.
USCIS Provides Lesson Plan on Female Asylum Applicants and Gender-Related Claims
USCIS provided its Asylum Officer Basic Training lesson plan on gender-related claims. This lesson provides guidance on special factors asylum officers must consider in interviewing women and evaluating their asylum claims related to gender.
USCIS Provides Its Lesson Plan Overview on Asylum Eligibility
USCIS provided part one of its lesson plan overview that discusses the definition of a refugee as codified in the INA and its interpretation in administrative and judicial caselaw. The primary focus of this lesson is the determination as to whether an act constitutes past persecution.
DOS Response on Resettlement Benefits for Iraqi Refugees
DOS responded to a question regarding the support and assistance provided to Iraqi refugees resettled in the U.S.
Supreme Court Reverses and Remands in Negusie v. Holder
The Supreme Court reverses and remands to the BIA, finding error in the misapplication of Fedorenko regarding coerced conduct and the persecutor bar to asylum. (Negusie v. Holder, 3/3/09)
Immigration Law Advisor, February 2009 (Vol. 3, No. 2)
Immigration Law Advisor, a legal publication from EOIR, with an article on differentiating the material support and persecutor bars in asylum claims, federal court activity for January 2009, and a regulatory update.
Bill Text of Immigration Oversight and Fairness Act
On 2/26/09, Rep. Roybal-Allard introduced the Immigration Oversight and Fairness Act (H.R. 1215), a bill which aims to reform immigration detention procedures.
Stakeholder/USCIS Q & As (2/24/09)
The Q&As address I-485s, I-730s, RFEs, P-3 Program, Fraud and Misrepresentation, Lautenberg parolees, and more.
Aytes Memo Revises Guidance on Adjudication of Cases Involving Material Support Provided to a Terrorist Organization
A 2/13/09 memo from Michael Aytes, Acting Deputy Director, USCIS, provides revised guidance on the adjudication of cases where an alien provided material support to a terrorist organization described in INA Sections 212(a)(3)(B)(vi)(I) or (II).
USCIS Fact Sheet on Iraqi Refugee Processing
On 2/11/09 USCIS released a fact sheet that provides an overview of Iraqi refugee processing, and includes contact information for the IOM in Jordan and Egypt, information on special immigrant visas, and 2/4/09 data on Iraqi applicants to the U.S. Refugee Admissions Program.
DOS Fact Sheet on Fraud in the Refugee Family Reunification Program
DOS released a fact sheet on fraud within Priority Three (P-3 program) tier of applicants to the U.S. Refugee Admissions Program. The fact sheet addresses DNA testing, the rate of fraud discovered, and suspension of the program.
Immigration Law Advisor, January 2009 (Vol. 3, No. 1)
Immigration Law Advisor with an article on the specific intent standard in Convention Against Torture cases, federal court activity for December 2008, an article on limit of court jurisdiction on matters of “agency discretion,” recent BIA precedent decisions, and a regulatory update.
CA9 “Aggravated Felony” in Withholding of Removal
The court lays out how to determine removability as an aggravated felon by comparing the state statute of conviction to a generic federal crime. (Anaya-Ortiz v. Mukasey, 1/27/09)
Guide for Representing Noncitizen Criminal Defendants
The Defending Immigrants Partnership released a manual entitled “Representing Noncitizen Criminal Defendants: A National Guide,” on the representation of noncitizen defendants accused of crimes.