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
CA1 Upholds Asylum Denial to Guatemalan Petitioner of Mam Ethnicity Who Experienced Unfulfilled Threats from Gangs
The court held that the petitioner failed to establish past persecution based on two incidents with gang members in Guatemala City, and found that he did not show a well-founded fear of future persecution on account of his indigenous Mam ethnicity. (Hernandez-Mendez v. Garland, 11/15/23)
Featured Issue: Asylum and Credible Fear Interim Final Rule
A USCIS interim final rule on credible fear and asylum took effect May 31, 2022, and changes the way DHS processes asylum cases for individuals in expedited removal. This is a resource page to help immigration attorneys understand the new process for credible fear and asylum.
Sample: Complaint and Action in Mandamus for Declaratory Relief
Sample complaint and action in mandamus for declaratory and injunctive relief, seeking judicial review of arbitrary and capricious delay in a plaintiff’s Form I-589, Application for Asylum and for Withholding of Removal. (Complaint, Amendment, Other Pleading)
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Who Was Threatened with Extortion by Gangs as a Teenager
Although the court agreed with petitioner that the BIA erred by failing to evaluate the severity of her mistreatment as a teenager through the eyes of a child, it held that she had not shown a connection between her mistreatment and any protected ground. (Varela-Chavarria v. Garland, 11/9/23)
District Court Halts Administrative Proceedings in DOJ Lawsuit Alleging That SpaceX Discriminated Against Asylees and Refugees in Hiring
Granting in part the plaintiff’s motion for a preliminary injunction, the court found that INA §274B proceedings are unconstitutional because the Attorney General is not allowed to review OCAHO ALJs’ decisions. (United States v. SpaceX, 11/8/23)
AILA Executive Director: Anti-Immigrant Provisions Tied to Necessary Funding Must Not Succeed
AILA Executive Director Ben Johnson responded to the extreme anti-immigrant provisions espoused by Senate Republicans that were reported on today; the plan “takes a page out of the far-right House bill, H.R. 2, by functionally closing the door to asylum seekers.”
AILA and the Council Submit Comment to EOIR on Administrative Closure
AILA and the American Immigration Council submitted a comment in response to DOJ’s notice of proposed rulemaking (NPRM) that seeks to restore authority to EOIR adjudicators to manage and decide their cases in a reasonable manner. AILA and the Council are supportive of this NPRM.
Resources Related to Lawsuit Challenging the Trump Administration’s Remain in Mexico Policy
See resources related to Innovation Law Lab v. Nielsen, a lawsuit challenging the administration's policy forcing asylum seekers to return to Mexico and remain there while their cases are considered. The parties reached a settlement agreement where individual plaintiffs may remain in the U.S.
DHS Issues Guidance on Preventing and Addressing Gender-Based Violence Through a Victim-Centered Approach
DHS issued a directive that establishes its policy on efforts to prevent and address gender-based violence and formalizes its policy on victim-centered, trauma-informed, and culturally sensitive approaches.
Presidential Determination on Refugee Admissions for FY2024
President Biden issued a determination on 9/29/23, setting the refugee admissions ceiling for FY2024 at 125,000. The determination also provides regional ceilings. (88 FR 73521, 10/25/23)
CA1 Upholds Asylum Denial to Petitioners Who Feared Harm Based on China’s Continued Enforcement of Family Planning Policy
The court upheld the BIA’s affirmance of the IJ’s denial of the married petitioners’ applications for asylum and related relief based on alleged political persecution by Chinese officials seeking to enforce China’s Family Planning Policy. (M.S.C. v. Garland, 10/24/23)
Practice Alert: Venezuela TPS and Removal Flights Resume
AILA’s ICE Committee provides a practice alert on the resumption of removal flights to Venezuela, detained TPS-eligible clients, and tips on screening for post-order removal relief.
USCIS Provides Updated TRIG Statistics from FY2019-FY2023
USCIS provided TRIG exemptions granted by fiscal year and exemption type for FY2019 through FY2023, as well as TRIG exemptions granted by fiscal year and application type for FY2019 through FY2023.
A Fiefdom on Long Island: An Investigation Into the Culture and Practices of the New York Asylum Office
The Safe Harbor Clinic at Brooklyn Law School provides a report on the New York asylum office and investigates why, “Year after year, the New York Asylum Office grants asylum at one of the lowest, if not the lowest rates in the country, significantly lower than asylum offices in Texas and Florida.”
Featured Issue: America Needs a Fair and Independent Immigration Court
The U.S. immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner and eliminated public confidence in its outcomes. AILA urges Congress and the Biden Administration to reform immigration courts.
CA8 Upholds Denial of Asylum to Guatemalan Petitioner Who Witnessed Gang Crime as a Child
The court held that the BIA did not err in determining that the petitioner was not a member of a cognizable particular social group (PSG) because his proposed group—Guatemalan children who witness gang crime—lacked particularity and social distinction. (Pacheco-Mota v. Garland, 10/18/23)
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-602
USCIS 30-day notice and request for comment on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Comments are due 11/15/23. (88 FR 71374, 10/16/23)
USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings
USCIS issued new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by EOIR.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm Due to His Quechua Heritage
The court held that the IJ’s and BIA’s determinations that the petitioner could safely relocate within Ecuador were supported by substantial evidence, where the petitioner had testified that there were perhaps some Ecuadorian states in which he could live safely. (Caz v. Garland, 10/11/23)
USCIS Provides Filing Tips for Affirmative Asylum Applications
USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections.
CA7 Upholds Asylum Denial to Guatemalan Petitioner Who Feared Persecution on Account of Her Mayan Ancestry
The court held that substantial evidence supported the IJ’s determination that the Guatemalan petitioner had failed to establish that the Guatemalan government was unable or unwilling to protect her. (Perez v. Garland, 10/3/23)
ICYMI: USCIS Extends Maximum Validity Periods for EADs for Certain Categories
USCIS updated its policy guidance increasing the maximum validity periods for EADs to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance. Guidance is effective as of 9/27/23; comments are due by 10/27/23.
Congressional Leaders Request USCIS Guidance on Cases Terminated by ICE
Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated.
USCIS Invitation to Engagement on Form I-730 Refugee/Asylee Follow-to-Join Processing
USCIS invites stakeholders to a webinar on 11/8/23 to discuss Form I-730 refugee/asylee follow-to-join processing. Questions are due by 9/29/23.