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
CA3 Says IJ’s Frivolousness Finding Violated Due Process
Noting that a finding of frivolousness is extreme because it permanently bars individuals from any immigration benefit, the court held that the IJ violated Petitioner's due process rights by failing to comply with legal requirements to make such a finding. (Muhanna v. Gonzales, 3/3/05)
CA11 Finds Colombian Asylum Applicant Failed to Establish Past Persecution
Court found that substantial evidence supported the IJ’s findings that a restaurant bombing incident was not directed at Petitioner because of her political activity, and that menacing phone calls and threats did not rise to the level of persecution. (Sepulveda v. U.S. Atty. General, 3/2/05)
USCIS Provides Lesson Plan on Introduction to UNHCR and Concepts of International Protection
USCIS released its Asylum Officer Basic Training Course lesson on international protection. This lesson describes the development of international protection of refugees, explains the role of the UNHCR and other international actors, and other elements of international protection.
Asylum Officer Basic Training Course: International Human Rights Law
This lesson provides background information on the sources of international law and its relationship with U.S. domestic law and describes many international human rights instruments.
NSC Other Product Line Teleconference Q&As (2/24/05)
NSC Other Products Line Teleconference Q&A (2-24-05) discussed I-140s, I-485s, G-28s, I-130s, approval notices, file transfers, interview notices, I-821s, I-765s, TPS, I-131s, I-824s, I-360s, I-485s for UN retirees and their children, e-filed petitions, I-602s, and fee waiver requests.
Summary and Analysis of House Version of REAL ID Act (H.R. 418)
Summary and selected analysis of provisions of the REAL ID Act of 2005 (H.R. 418), as passed by the House on 2/10/05.
CA1 Denies Asylum Based on Single Incident of Harm and Changed Conditions
The court found that Petitioner failed to show past persecution or a well-founded fear based on a single incident of harm to his father, the lack of harm to family members still in Guatemala, and changed conditions. (Rodriguez-Ramirez v. Ashcroft, 2/17/05)
CA8 Defers to IJ's Negative Credibility Determination in Asylum Denial
CA8 held that inconsistencies and omissions in Petitioner's asylum case went to the heart of her claim, and noted that a negative credibility determination is not determinative of CAT claims, but held that the IJ could properly consider the discounted credibility. (Esaka v. Ashcroft, 2/16/05)
CA10 Overturns Negative Credibility Finding Because IJ Viewed Petitioner’s Claim “Through an American Lens”
The Court found that the IJ made several unsupported assumptions about Algeria, demonstrating a view of the Algerian form of due process that was inconsistent with DOS reports. The Court further ordered that the BIA consider the Petitioner’s CAT claim. (Chaib v. Ashcroft, 2/14/05)
CA8 Denies Somali Asylum Due to No Past Persecution, Lack of Credibility and Safe Petitioner Relocation
The Court upheld the IJ’s findings that there was insufficient proof that Petitioner was harmed because of her Benadir clan membership or imputed political opinion. (Mohamed v. Ashcroft, 2/10/05)
AILA Overview of Amendments to the REAL ID Act
The REAL ID Act passed the House on 2/10/05 by a vote of 261 to 161, notwithstanding the many grave problems with the bill and opposition from a broad range of groups, and the flawed process under which it was considered and passed. View a summary of the amendments.
Sign-on Letter Opposing Representative Sensenbrenner's Amendment to the REAL ID Act"
A letter from AILA and over forty diverse organizations to Members of Congress asking that they vote against the REAL ID Act (H.R.418) introduced by Representative James Sensenbrenner (R-WI).
Refugee Protection—Upholding an American Tradition
AILA welcomes the USCIRF findings in a study mandated by Congress on asylum seekers in expedited removal. H.R. 418 goes against the Commission’s recommendations and our traditions, and ignores the reforms that have been undertaken in the asylum system.
CA6 Upholds IJ’s Negative Credibility Determination; Remands for Specific Credibility Determination on CAT Claims
The Sixth Circuit held that because the IJ failed to make a specific credibility finding regarding torture, his case should be remanded. (Singh v. Ashcroft, 2/8/05)
CA1 Upholds Denial of Asylum for Coptic Christian from Egypt
The court upheld the IJ’s determination that Petitioner lacked a subjective fear of persecution because he returned to Egypt on three separate occasions, and failed to corroborate his claim of past persecution. (Diab v. Ashcroft, 2/8/05)
CA3 Says Racial Slurs Not Proof of Ethnic Persecution
The court found that use of racial slurs by Petitioners’ attackers was not adequate proof that the attackers were motivated by ethnicity, and that two robberies did not amount to persecution because they resulted in only theft of property and minor injuries. (Lie v. Ashcroft, 2/7/05)
CA8 Rules That Discrimination & Harassment in Ivory Coast Is Not Persecution
The Court upheld the IJ’s determination that, although the Petitioner testified credibly, he was not entitled to asylum or withholding because the discrimination he suffered and feared did not amount to persecution.(Berte v. Ashcroft, 2/4/05)
CA8 Rules That Afghan Christian's Past Persecution Creates Presumption of Future Persecution
In overturning asylum denial, CA8 found that the IJ and BIA had failed to make a credibility determination, to consider the impact on his asylum claim of the murder of his sister, and to consider whether the treatment of apostates has changed in Afghanistan.(Ahmadshah v. Ashcroft, 2/1/05)
Settlement of Asylee Adjustment Lawsuit
The American Immigration Law Foundation announces the settlement of the asylee adjustment class action. (Ngwanyia v. Gonzales, 1/31/05)
U.S. Contributes $125 Million for Refugees
The Department of State announces the U.S. contribution of $125 million to the United Nations High Commissioner for Refugees, to be used for the care and protection of refugees worldwide. A breakdown of contributions by region is provided.
DOS Announces Halt in Hmong Refugee Resettlement for Enhanced Medical Screening
DOS announced that travel of Hmong Lao refugees from Wat Tham Krabok is suspended until further investigation of tuberculosis reports is completed and expanded screening and treatment guidelines are developed.
The REAL ID Act of 2005: Summary and Analysis of Provisions
AILA’s summary of the REAL ID Act of 2005 (H.R. 418), together with an analysis of selected provisions. The bill, introduced by Rep. James Sensenbrenner on 1-26-05, purports to enhance security through already failed anti-immigration proposals.
Text of the REAL ID Act (H.R. 418) as Introduced by Representative Sensenbrenner (R-WI)
Text of the REAL ID Act of 2005 (H.R. 418), introduced by Rep. James Sensenbrenner (R-WI) on 1/26/05. The bill purports to enhance security through already failed anti-immigration proposals.
BIA Denies Asylum Due to U.S. National Security
The BIA denied asylum to the leader-in-exile of an Algerian political group for assisting and condoning armed acts of persecution at home and for being a "danger to the security of the United States." (Matter of A-H-, 1/26/05)
CA6 Remands Iranian CAT Denial
The court held that the BIA’s failure to address the Department of State Country Reports on Human Rights Practices in Iran or its highly relevant decision in Matter of G-A-) (discussing human rights abuses in Iran) warranted remand. (Mostafa v. Ashcroft, 1/24/05)