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
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.
Immigration and The Media—A Public Forum, A Spirited Debate, and An Excellent Meal
Are they “illegal aliens“ or “undocumented noncitizens“?Are representatives of certain anti-immigrant groups credible media sources or racist hate mongers not to be quoted by credible print and electronic media?What is the role of responsible journalism in the public debate about our bad
Comment Request Period Extended for Form I-589
USCIS extension of an existing Information Collection; Comment Request, for the Form I-589. The comment period will be extended until November 30, 2009. (74 FR 50812, 10/01/09)
CA1 Finds Record Sufficient, No Prejudice to Petitioner
The court affirmed the adverse credibility determination and held that regardless of indiscernible sections of the transcript of proceedings, the record was sufficient for review and the petitioner was not prejudiced. (Sihombing v. Holder, 9/22/09)
OSC Technical Assistance Letter on Refugees and Asylees
A 9/21/09 letter from DOJ Deputy Special Counsel Katherine Baldwin provides guidance on I-9 verification procedures for asylees and refugees, including proper documentation and the implications of an expired employment authorization card.
USCIS Q&A: Filing Form I-485, I-765, or I-131 for Refugees and Asylees
USCIS offers a Q&A to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
Due Process Restoration Now!
There has been a lot of talk recently about what might be included in an immigration reform bill. Will there be a legalization/amnesty/forgiveness of “lawbreakers“ rule? Will there be an expansion of employment based and family based immigrant visa numbers to solve the economically devastating
Scialabba Memo Regarding Inadmissibility Due to HIV Infection
A 9/15/09, memo from Lori Scialabba and Donald Neufeld, directs officers to hold in abeyance any waiver application and associated benefit request which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection.
CA1 Finds No Nexus in Guatemalan Social Group Claim
The court affirmed the denial of asylum, finding no nexus between the alleged persecution and Petitioner’s social group, indigenous women. (Caal-Tiul v. Holder, 9/10/09)
CA1 Says Petitioner Not Subject to One-Year Asylum Deadline
The court remanded, finding that Petitioner was not required to file for asylum within one year of entry due to the fact that the requirement did not exist at the time of his arrival. (Lumataw v. Holder, 9/9/09)
Asylum HQ Statistics, September 2009
At the 9/9/09, Asylum HQ meeting, the asylum office released Statistics covering: asylum office workload, reasonable/ credible fear workload statistics, asylum applicants from Afghanistan & Iraq, and more.
CA3 Remands Past Persecution Claim To BIA
The court remanded, holding that the BIA’s denial of Petitioner’s past persecution claim was not supported by substantial evidence, where Petitioner presented evidence that she witnessed a brutal assault on a family member. (Camara v. Att'y Gen. of the U.S., 9/4/09)
CA1 Rejects Social Group Claim of Senegalese Woman
The court held that women who had a child out of wedlock, and are considered adulterers because they gave birth to a child allegedly not their husband’s and have been abused by their husbands is not a protected social group. (Faye v. Holder, 9/2/09)
Immigration Law Advisor, August 2009 (Vol. 3, No. 8)
Immigration Law Advisor, a legal publication from EOIR, with an article on changed circumstances and country conditions for asylum cases, federal court activity for July 2009, an article on the REAL ID act, and a regulatory update.
MPI Report on Immigration Detention
In September 2009, MPI released a report on ICE’s responsibilities for immigration detention facilities.
USCIS Provides Lesson Plan on Guidelines for Children's Asylum Claims
USCIS provided its Asylum Officer Basic Training Course lesson plan on children's asylum claims. This lesson addresses interviewing and procedural considerations when working with child asylum applicants, as well as considerations for the legal analysis of their claims.