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
CA7 Criticizes IJs, BIA for Failing to Adequately Explain Asylum Decisions
In two consolidated cases, the Seventh Circuit chastises immigration judges and the Board for "continuing difficulty...in giving reasoned explanations for their decisions to deny asylum." (Guchsheknov v. Ashcroft, 4/29/04)
NSC Addresses Asylum/Refugee Issues (4/29/04)
In a teleconference with various community-based organizations, including AILA, the Nebraska Service Center addressed a variety of issues relating to asylees and refugees, including related adjustment of status and ancillary benefit questions. Some naturalization issues were also addressed.
VSC Answers To AILA Liaison Questions (4/29/04)
Discussions with VSC included such topics as cessation of use of I-102 to correct I-94 errors by CBP, backlogs, receipts, transfers of files to local offices, issuance of NTAs, EADs for asylum applicants, H-1B 7th year, nurses, and concurrent filing.
EOIR Fact Sheet on the Immigration Court Process (Updated 4/28/05)
EOIR fact sheet addressing the immigration court process and outlining the types of immigration hearings, including removal, bond redetermination, relief from removal, asylum, expedited removal, CAT protection, and more.
CA10 Criticizes IJ for Failing to Explain Findings; Applying Erroneous Standard to Asylum Claim
CA10 reversed the asylum denial of an Indonesian ethnic Chinese, finding petitioner's testimony sufficient to prove ethnicity, and rejecting the position that the original reason for coming to the U.S. should have been to flee persecution. (Wiransane v. Ashcroft, 4/27/04)
ORR Announces Standing Funding Opportunity For Recently Arrived Refugees
HHS’s ORR notice of Standing Announcement for Services to Recently Arrived Refugees, with three priority areas: Preferred Communities, Unanticipated Arrivals, and Ethnic Community Self-Help. The first date for applications is 2/28/05. (69 FR 22275, 4/23/04)
CA8 Finds Illegal Arrest, Death Threat, Government Inquiries Can Amount to Persecution
The Eighth Circuit concluded that the BIA erred in finding that a Bolivian union activist's illegal arrest, a death threat from a military member, and the government's subesequent active search for him did not rise to the level of persecution. (Bellido v. Ashcroft, 4/22/04)
CA6 Applies Substantial Evidence Test in Adverse Credibility Determination Review
The Sixth Circuit Court concluded that current INA § 242(b)(4)(B)’s repeal of former INA § 106(a)(4) basically codified the pre-IIRIRA “substantial evidence” standard for evaluating an IJ’s factual determinations. (Yu v. Ashcroft, 04/15/04)
Questions & Answers from NSC Liaison Teleconference (4/14/04)
The Nebraska Service Center answers AILA's questions on such topics as RFEs, credentials evaluations, consular returns, plans to funnel NIV consular cases through the Kentucky Consular Center, outstanding researchers, use of education as training for EB-3 qualification, and asylee adjustments.
USCIS Announces Asylum Interviews to Change in Location for Ohio, Kentucky, Texas, and Louisiana
USCIS announced that it has changed the location where some interviews are held for certain asylum applicants who live in Ohio, Kentucky, Texas, and Louisiana. Some applicants will now go to two USCIS Asylum Offices in Houston and Chicago for their interviews. Changes are effective 5/3/04.
CA9 Finds Self-Defense is Not a Persecutory Act
Holding that the determination of whether an individual engaged in the persecution of others must be individualized, and that self-defense is not to be considered a persecutory act, the Ninth Circuit remanded the case for a new hearing. (Vukmirovic v. Ashcroft, 4/5/04)
USCIS Changes Asylum Interview Location for Certain Applicants from Ohio, Kentucky, Texas and Louisiana
Effective 5/3/04, the Houston Asylum Office will no longer circuit ride to Harlingen, Texas, or New Orleans, Louisiana, and the Chicago Asylum Office will no longer circuit ride to Cincinnati, Ohio. New interview locations are provided in the notice. (69 FR 17437, 4/2/04)
CA9 Affirms Denial of Untimely Motion to Reopen, But Remands for CAT Claim
CA9 held that a change in asylum law does not constitute "changed circumstances" for an untimely motion to reopen, but remanded on holding that torture for CAT purposes may occur while in the custody or physical control of public officials or private individuals. (Azanor v. Ashcroft, 4/1/04)
CA8 Finds IJ Curtailed Petitioner's Testimony and Grants Asylum
CA8 found that the petitioner suffered prejudice because he may have been found credible had the IJ not prevented him from presenting all the testimony relevant to his asylum claim. (Al Khouri v. Ashcroft, 4/1/04)
EOIR Rule Would Specify IJ Authority Under the U.S./Canada Safe Third Country Agreement
EOIR proposed rule specifying the authority of immigration judges with respect to issues arising under the U.S./Canada “Safe Third Country” agreement including asylum claims made by individuals arriving from Canada at land border ports of entry. Comments are due by 5/7/04. (69 FR 10627, 3/8/04)
CA8 Affirms Asylum and Withholding Denials, Concluding Petitioner was Not Targeted for Persecution
CA8 affirmed the asylum and withholding denials, despite the petitioner's political activism and having been beaten and briefly detained in mass rallies, concluding that the petitioner was not deliberately target by authorities.(Eusebio v. Ashcroft, 3/25/04)
ORR Announces Proposed Allocations to States of FY2004 Refugee Social Service Funds
HHS’s Office of Refugee Resettlement notice setting forth the proposed allocations to states of FY2004 funds for refugee social services under the Refugee Resettlement Program. ORR has available $152,217,586 in FY2004 refugee social service funds. (69 FR 13056, 3/19/04)
DHS Reports to Congress on Asylum Seeker Detentions
Section 903 of the Haitian Refugee Immigration Fairness Act (HRIFA) requires the Attorney General to regularly collect data on detained asylum seekers. The DHS issued reports on overall numbers, countries of origin, gender, age, and detention facilities for FY1999 through FY2002.
CA9 Grants Asylum to Spouse Where the Marriage was Not Legally Recognized by the Chinese Government
CA9 held that a spouse married in a traditional Chinese wedding ceremony can establish past persecution and qualify as a refugee based of his wife’s forced abortion and sterilization, notwithstanding the fact that China would not legally recognize the marriage. (Ma v. Ashcroft, 3/15/04)
CA1 Upholds Chinese One-Child Policy Asylum Denial
The court affirmed the IJ’s findings of adverse credibility and that a certificate submitted by Petitioner purporting to prove a forced abortion was fraudulent. (Qin v. Ashcroft, 3/15/04)
CA3 Finds No Habeas Jurisdiction to Review BIA's Discretionary Denial of Asylum
Consistent with a number of its sister circuits, the court upheld the BIA's discretionary denial of asylum, finding that discretionary determinations and factual findings are not within the scope of habeas review. (Bakhtriger v. Elwood, 3/10/04)
CA8 Affirms Denials of Asylum and Withholding, and Remands on CAT Claim
CA8 affirmed denials for failure to show a nexus to petitioner’s political opinion, and remanded the CAT claim on the question of whether the EPLF had the status of a recognized government at the time petitioner was considered to have deserted the EPLF forces.(Habtemicael v. Ashcroft, 3/9/04)
CA8 Remands Asylum Case for In-Country Relocation and Past Persecution Determinations
CA8 remanded for consideration of 8 CFR 208.13(b)(3) on whether it would be reasonable to expect Petitioner to relocate within his home country. It also remanded for consideration of whether the petitioner suffered past persecution. (Hagi-Salad v. Ashcroft, 3/9/04)
DHS Proposes Rule Implementing ‘Safe Third Country’ Agreement
DHS proposed rule that would implement the U.S./Canada “Safe Third Country” agreement which, among other things, provides for a threshold determination to be made as to which country will consider the merits of a prospective asylee’s claims. (69 FR 10620, 3/8/04)
President Authorizes $20 Million for Refugee Assistance in the West Bank and Gaza
The President has determined that up to $20 million should be made available from the U.S. Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee needs in the West Bank and Gaza. (69 FR 9917, 3/3/04)