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
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.
IJ Finds Applicant Was Improperly Placed in Proceedings
The IJ granted motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman.
Asylum Field Office Statistics
At its last meeting with AILA’s Refugee Asylum and International Operations (RAIO) Liaison Committee, RAIO provided the following statistics from USCIS asylum field offices for Form I-589s.
Asylum Cases Subject to Referral to Headquarters
AILA Liaison recently acquired the following referral sheet from Asylum headquarters. The referral sheet lists the type of asylum cases that are subject to referral to asylum headquarters.
CA9 Clarifies the One-Year Deadline for Asylum Application
The court held that the first day of the one-year period for filing an asylum application is the day after the applicant arrived in the U.S. For example, if applicant arrived on April 9, the deadline for application is April 9 of the following year, not April 8. (Minasyan v. Mukasey, 1/20/09)
CA9 Interprets Social Group “Membership”
The court held that social group is largely based on “immutable” characteristics or characteristics “fundamental” to group’s identity. Specifically, the court reviewed claim of police persecution for being a supporter of the Roma ethnic minority in Bulgaria. (Donchev v. Mukasey, 1/16/09)
CA6 Upholds Adverse Credibility Determination Based on Inconsistencies
The court held the IJ’s adverse credibility determination was supported by substantial evidence, and denial of withholding of removal was warranted where credibility of applicant had not been established. (Shan Sheng Zhao v. Mukasey, 1/16/09)
EOIR Fact Sheet on Asylum, Withholding of Removal and CAT
A 1/15/09 EOIR fact sheet provides basic information on asylum and withholding of removal relief, as well as Convention Against Torture (CAT) protections.
CA2 Remands Asylum Based on Persecution by Local Authorities
The court held that the IJ erred as to the timeliness of the petitioner’s application for asylum and in finding that the petitioner had not testified credibly in support of his claims, and remanded the case for further review (Zheng v. Mukasey, 1/13/09)
CA1 Finds No Well-Founded Fear in Haitian Asylum Claim
The court found that past threats and violence did not rise to the level of persecution, and considered several return trips to Haiti, the continued safety of family, and changed political conditions in finding no well-founded fear. (Ravix v. Mukasey, 1/12/09)
Immigration Law Advisor, December 2008 (Vol. 2, No. 12)
Immigration Law Advisor with an article on new developments on TRIG exemptions, federal court activity for November 2008, article on the top 20 federal immigration decisions of 2008, and legislative and regulatory updates.
Scialabba Memo on Child Soldiers Accountability Act
A 12/31/08 memo from Lori Scialabba, Associate Director, Refugee, Asylum and International Operations Directorate, USCIS, provides notification and a brief overview of the provisions of the Child Soldiers Accountability Act of 2008 (CSAA).
USCIS Publishes Revised Information Collection on Form G-646
USCIS revised information collection on Form G-646, Sworn Statement of Refugee Applying for Admission to the United States. Comments are due 1/30/09. (73 FR 80420, 12/31/08)
Asylum HQ Liaison Meeting (12/9/08)
Minutes of the December 9, 2008, Headquarters Asylum Office meeting with NGOs, discussing such topics as credible fear statistics, asylum office workload statistics, Iraqi asylum statistics, pilot program allowing asylum officers to grant asylum at credible fear interview stage, and more.
BIA Reopens Proceedings for Ethiopian Asylum Seeker
In an unpublished decision, the BIA held that material evidence of changed country conditions demonstrated prima facie eligibility for relief for Ethiopian asylum applicant. Courtesy of Geoffrey A. Hoffman.
Langlois Memo on Credible Fear Quality Assurance Review
A 12/23/08 memo from Joseph Langlois, Chief, Asylum Division, USCIS, modifies the categories of credible fear determinations that must be sent to the Asylum Division Training, Research, and Quality (TRAQ) Branch for quality assurance review prior to the issuance of a final determination.