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
CA8 Upholds Reinstatement of Removal Order Where Petitioner Feared Returning to Mexico Due to Cartel Violence
Where petitioner feared returning to Mexico due to cartel violence, the court held that substantial evidence supported the IJ’s finding that he failed to show a reasonable fear of persecution or torture for purposes of removal proceedings under INA §241. (Galvez-Vicencio v. Garland, 5/6/24)
CA8 Upholds Denial of CAT Relief to Petitioner Who Feared He Would Be Harmed by Cartel in Mexico
The court upheld the denial of petitioner’s motion for reconsideration of the BIA’s reversal of the IJ’s grant of Convention Against Torture (CAT) relief, finding that the BIA correctly applied its standard of review and did not independently find facts. (Rosas-Martinez v. Garland, 5/3/24)
CA1 Finds “Small Business Owners” Is Not a Legally Cognizable PSG
The court concluded that the proposed particular social group (PSG) consisting of “small business owners” was not legally cognizable, and thus upheld the denial of asylum to the Guatemalan petitioner, who had been subjected to death threats from the Mara 18 gang. (Cabrera v. Garland, 5/2/24)
CA6 Upholds Denial of CAT Deferral to Iraqi Petitioner Convicted of Crimes Against Children
The court upheld the denial of deferral of removal under the Convention Against Torture (CAT), concluding that the agency did not err in its evaluation of new evidence the petitioner submitted with his motion to reopen alleging changed country conditions in Iraq. (Saleh v. Garland, 5/2/24)
CA5 Upholds Denial of Asylum to Petitioner Who Was Threatened by Mexican Navy
The court upheld the BIA’s determination that the petitioner, who had publicly spoken out against the Mexican Navy and whose home was subsequently ransacked by the Navy, had failed to establish past persecution or a well-founded fear of future persecution. (Loredo Rangel v. Garland, 5/1/24)
Policy Brief: Breaking Down Walls - The Status of AILA’s Customer Service Recommendations
In February 2021, AILA highlighted a shift away from USCIS's mission, affecting customer service. It proposed nine improvements for USCIS and three for Congress to enhance accountability. Despite progress, challenges remain, with AILA urging further action to ensure better service and efficiency.
CA10 Finds BIA Abused Its Discretion by Treating Petitioner’s Asylum Appeal as Waived
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
USCIS Announces Opening of International Field Offices in Qatar and Turkey
USCIS announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to "increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation."
USCIS Invitation to Webinar on Form I-730, Refugee/Asylee Following-to-Join Processing
USCIS invites stakeholders to a webinar on May 29, 2024, to discuss Form I-730, Refugee/Asylee Following-to-Join Processing. Questions are due by May 3.
Practice Alert: Delayed or Missing Biometrics Requests and/or Receipt Notices for Defensive Asylum
As reports of delayed or missing biometrics for Defensive Asylum have resurfaced, the CIS Ombudsman has requested examples of such delays.
Practice Alert: USCIS Responds to AILA Inquiry with respect to Filing Fees for Form I-129
As a result of a recent AILA inquiry, USCIS has advised that the Fee Schedule for I-129 has been updated to indicate the correct information for H-1B and H-1B1 petitions.
CA5 Upholds Asylum Denial to Honduran Woman Who Received Extortion Demands and Death Threats from Gang
The court held that petitioners’ two proposed particular social groups (PSGs)—unprotected Honduran women who are unable to protect themselves or their children from Honduran gangs and Honduran witnesses to gang violence and threats—were not cognizable. (Bustamante-Leiva v. Garland, 4/19/24)
Practice Alert: USCIS Case Status Notifications
AILA has received reports of USCIS sending notifications of case status updates, which do not include case identifying information. Additionally, members report receiving alerts even if their notification settings on their myUSCIS accounts are set to “off.” AILA has reached out for more information.
Think Immigration: Judge Dolly Gee Upholds Necessary Protections of Migrant Children in Recent Court Ruling
AILA Media Advocacy Committee Chair Evangeline Chan highlights the recent ruling by Judge Dolly Gee who again reminds the government that the Flores Settlement binds them to ensure that children are provided with a certain standard of care when detained.
CA6 Finds BIA Abused Its Discretion by Applying Incorrect Legal Standard in Denying Iraqi Petitioner’s Motion to Reopen
The court held that the BIA had abused its discretion in denying the petitioner’s motion to reopen based on changed country conditions in Iraq, finding that the BIA had used an incorrect legal standard to assess whether the evidence offered was material. (Abdulahad v. Garland, 4/11/24)
USCIS Will Reject Improperly Filed Affirmative Asylum Applications after May 9
USCIS issued a reminder that effective 5/9/24, it will reject affirmative asylum applications improperly filed at service centers instead of the lockbox with jurisdiction. Always check the USCIS website for the proper filing location.
AILA Meets with CIS Ombudsman's Office (4/9/24)
AILA's liaison committees met with the CIS Ombudsman's Office on 4/9/24. Read the agenda.
Practice Alert: DHS Announces Temporary Increase of the Automatic Extension for Certain EAD Applicants
DHS announced that it will issue a Temporary Final Rule providing that the automatic extension period applicable to expiring EADs for renewal applicants will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.
AILA Sends Letter on Social Security Process for Asylees
AILA's Asylum and Refugee National Committee sent suggestions to the Social Security Administration for improvements to the Social Security Number application process for asylum seekers and asylees.
USCIS Provides FAQs on 2024 Final Fee Rules
USCIS provided FAQs on the 2024 final fee rule that went into effect on April 1, 2024. It created these FAQs from questions that stakeholders submitted through USCIS national engagement and other channels. Check the website for the most recent version.
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
Use this page to stay on top of the 2024 USCIS final rule adjusting its fee schedule. USCIS has stated that it will use the postmark date of filing to determine if the correct form version and fees were submitted.
CA1 Remands Egyptian Petitioner’s Asylum Claim Premised on Mixed-Motive Persecution
The court granted the petition for review as to the petitioner’s asylum claim premised on mixed-motive persecution, finding that the religion of the petitioner, who was a Coptic Christian, qualified as a central reason for his beating by the Muslim Brotherhood. (Khalil v. Garland, 3/29/24)
AILA's Asylum Primer: A Practical Guide to U.S. Asylum Law and Procedure, 9th ed.
The new edition of AILA's Asylum Primer is your all-in-one reference and comprehensive, practical guide to U.S. asylum law and procedure that has been updated to address changes since the release of the last edition in 2019.
AILA Joins Sign-on Letter Urging Extension and Redesignation of TPS for Haiti
AILA joined the Haitian Bridge Alliance and 480 other organizations in a letter to the White House, DHS, and DOS requesting an extension and redesignation of the Republic of Haiti for TPS and a moratorium on deportations to the Republic of Haiti.