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
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 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.
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
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)
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