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 Finds Past Persecution Shifts Burden to Government
CA7 reversed an IJ holding that well-founded fear of future persecution was not shown, finding that, where an Albanian couple demonstrated past persecution, the IJ should have shifted to the INS the burden of rebutting a presumptive fear of future persecution. (Bace v. Ashcroft, 12/18/03)
CA2 Orders Appointment of Counsel in Immigration Case
The court ordered the appointment of counsel to brief the pro se Petitioner's advance parole claim and whether Petitioner's appeal was rendered moot based on his status as the spouse of an asylee. (Pozdniakov v. INS, 12/12/03)
Government Declaration Indicates Method for Obtaining Employment Authorization for EOIR-Approved Asylee
A 12/4/03 declaration from Terrance O'Reilly, USCIS Director of Field Operations, filed in connection with AILF's asylee adjustment lawsuit, indicating that persons with asylum granted by the BIA or IJ can obtain an EAD or a work-endorsed I-94 from designated DHS offices.
CA9 Finds Sikh Supporters Not National Security Risks
CA9 found no support for a BIA conclusion that a couple who have supported Sikh causes had engaged in terrorist activities. Withholding and deferral under CAT were granted, and the case was remanded for asylum consideration. (Cheema v. INS, 12/1/03)
USCIS to Make Travel Documents More Secure
A USCIS News Release dated 11/24/03 announces the production of a newly redesigned travel document, incorporating increased security features aimed at eliminating counterfeit documents. The new document replaces the existing refugee travel document and reentry permit for LPRs.
CA7 Reverses Denial of Rwandan's Asylum Claim
The Seventh Circuit reversed the denial of an asylum claim by a Rwandan of mixed Hutu-Tutsi ethnicity, and remanded for a new hearing. (Uwase v. Ashcroft, 11/21/03)
Practice Alert: VSC Errs on Advance Parole RFEs/Will Grant EADs for Asylum Applications on Appeal
VSC has acknowledged that it erred in sending RFEs asking for evidence of emergent reasons for advance paroles, and advises on how to respond to those RFEs. VSC also has stated that it will grant EADs for asylum applicants whose appeals are pending in federal circuit court.
CA9 Rejects Frivolous Asylum Application Finding
The Ninth Circuit concluded that, where the IJ failed to provide petitioner with an adequate opportunity to address discrepancies in his asylum application, a finding that the asylum application was frivolous cannot be sustained. (Farah v. Ashcroft, 11/14/03)
CA3 Remands Asylum Claim for Corroborating Evidence
The court remanded the asylum claim where the IJ did not seek corroborating evidence of Petitioner's husband's political opinions, but specifically requested some documentation. (Mulanga v. Ashcroft, 11/14/03)
Minutes from HQ Asylum Office Meeting with AILA (11/12/03)
Minutes of the 11/12/03 Headquarters Asylum Office meeting with NGOs, discussing such topics as those barred from asylum on grounds of suspected terrorism, refugee processing, gender-based asylum claims, mandatory bars to asylum, and CAT claims.
Presidential Determination Authorizes Up To 70,000 Refugees for FY2004
Presidential Determination authorizing the admission of up to 70,000 refugees in FY2004, and providing regional allocations. 20,000 unallocated admissions shall be allocated regionally as needed, and 10,000 numbers are allocated to adjusting asylees. (68 FR 63979, 11/10/03)
Asylee Adjustment Cut-Off to Remain at 11/16/99
The Nebraska Service Center advises that, because it will be working on asylee adjustment cases that were not cleared in time to meet the fiscal 2003 cap, it does not currently expect to move the cut-off for FY2004 cases forward any further than the 11/1/99 cut-off that it ultimately used last year.
Presidential Determination on FY2004 Refugee Admissions
In a memo to the Secretary of State, President Bush authorizes up to 70,000 refugees to be admitted to the U.S. during FY2004. The memo includes the regional allocation of the admission numbers.
GAO Issues Report on the Haitian Refugee Immigration Fairness Act
The GAO, on 10/17/03, sent a report to the Senate and House Committees on the Judiciary and Appropriations concerning benefit applications under the Haitian Refugee Immigration Fairness Act.
CA3 on Impact of Credibility Finding on Corroboration
The court remanded to the BIA to reconsider its adoption of the IJ's finding on corroboration in light of its reversal of the IJ's adverse credibility finding. (Miah v. Ashcroft, 10/9/03)
EOIR Press Release and Fact Sheet on CPC Asylum
EOIR press release and fact sheet on the notification of final asylum eligibility to those who received conditional grants of asylum based on coercive population control policies, those granted conditional asylum on or before 4/19/00, but have not received a final asylum notice, should contact EOIR.
USCIS Addresses Waiver Application Requests for Asylee Adjustments
USCIS responds to a question, raised in a 9/30/03 meeting with CBOs, regarding the recent rash of requests for waiver applications by asylee applicants for adjustment of status.
EOIR's Responses to AILA Liaison Questions (9/25/03)
Liaison issues addressed with EOIR included such topics as conditional asylum grants, EOIR-27 and -29 forms, judicial behavior, case completion policies, appraisals of IJ performance, administrative closure, continuances, custody hearings, and OCIJ assignments.
Minutes from HQ Asylum Office Meeting with AILA (9/9/03)
Minutes of the 9/9/03 Headquarters Asylum Office meeting with NGOs, discussing such topics as plans to reduce the backlog, the asylum information sharing agreement between the U.S. and Canada, travel documents, I-94s, and the CSPA.
CLINIC Notice Regarding ORR Funded Asylee Assistance Programs
CLINIC notice that many asylees are eligible for federally-funded benefits and services such as job placement, English language classes, cash assistance, and medical assistance.
CA3 Allows District Court Habeas Review of CAT Claim
Referencing St. Cyr, the court concluded that district court habeas review of the denial of a claim for relief under the Convention Against Torture is available. (Ogbudimpka v. Ashcroft, 8/22/03)
CA9 Finds Jurisdiction to Review Request to Reinstate Asylum Application
The Ninth Circuit, analogizing to motions to reopen, concluded that it has jurisdiction to review a request to reinstate an asylum application after it had been withdrawn in favor of an application for cancellation of removal that was denied. (Mendez-Gutierrez v. Ashcroft, 8/20/03)
CA6 Rejects Jurisdiction in Asylum Time-Bar Case
The Sixth Circuit held that it lacked jurisdiction under INA section 208(a)(3) to review a BIA finding that an asylum application was untimely filed. (Castellano-Chacon v. INS, 8/18/03)
ORR Notice Extends Deadline for Certain Assistance Applications
The HHS’s Office of Refugee Resettlement published a notice announcing an additional, one-time closing date of 9/12/03 for Category One of its standing announcement for services to recently arrived refugees. (68 FR 48402, 8/13/03)
Nebraska Service Center Liaison Report (8/13/03)
Minutes from an 8/13/03 teleconference between the NSC and AILA's liaison committee address such topics as processing times, security checks, color copies of identity documents, NSEERS, H-1B recapture of time; I-130 processing, and equivalencies for I-140s.