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
Update From AILF on Asylee Adjustment Class Action
AILF reports that BCIS is processing more asylee adjustment cases in response to the class action Ngwanyia v. Ashcroft. Also, plaintiffs ask the court to order BCIS to use an additional 22,000 asylee adjustment numbers that were set aside in past years but never used.
BCIS Redesigns the Permit to Reenter and Refugee Travel Document
BCIS to issue redesigned Permits to Reenter and Refugee Travel Documents which will look similar to a U.S. Passport, but with a light green cover. The document inside cover will indicate whether it is a Permit to Reenter or a Refugee Travel Document. (68 FR 44805, 7/30/03)
DOS Designates Displaced Migrants From Cote d'Ivoire as Qualifying For Assistance
The DOS has designated migrants displaced from Cote d'Ivoire as qualifying for assistance under Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962. (68 FR 44374, 7/28/03)
ORR Publishes Notice of Allocations of FY2003 Funds for Refugee Social Services
The HHS’s Office of Refugee Resettlement has published a notice of allocations to States of FY 2003 funds for refugee social services under the Refugee Resettlement Program. (68 FR 43142, 7/21/03)
DOS Plans to Expedite Refugee Processing Since 9/11/01
The DOS's Bureau of Population, Refugees and Migration issued a press release announcing its focus on responding to new security features and efforts to expeditiously identify and admit refugees for whom resettlement is appropriate.
BCIS Alert to Pending Asylee Adjustment Applicants
BCIS announcement that asylees who filed for adjustment of status on or before 2/1/99, and who have not yet received a decision on that application, should contact the NCSC. Special notice is given to Iraqi and Syrian asylees.
BIA Finds Past Persecution Based on Forced Sterilization
The BIA held that neither the passage of time since the sterilization of respondent’s wife, nor the lack of enforcement of coercive family planning, is a “fundamental change” in respondent’s personal circumstances to deny asylum under 8 CFR §1208.13(b)(1)(ii). (Matter of Y-T-L-, 5/22/03)
BCIS Grants Asylum to Iraqi Who Aided MIA’s Release
The BCIS has granted asylum to an Iraqi citizen who provided information that led to the rescue of an American soldier missing in action.
DOS PRM Details Funding for Afghan Refugee Crisis
The DOS Bureau of Population, Refugees and Migration describes its commitments of $185.5 million for resources in support of Afghan refugees and returnees since September 2001.
President Authorizes Use of $22 Million for Refugee Assistance in the Middle East
Presidential determination authorizing $22 million to be made available from the Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee and migration needs that are anticipated in the event of a future humanitarian emergency in the Middle East. (68 FR 15043, 3/28/03)
EOIR Responses to AILA's Liaison Questions (3/27/03)
Liaison issues addressed with EOIR included such topics as BIA reorganization, IJ case completion goals, asylum clock, records for appeal, mailing of decisions to the wrong address, briefing schedule, and Special Registration.
BCIS Memo Reiterates that Asylees and Refugees are Employment Authorized Incident to Status
A 3/10/03 memo from William Yates, BCIS Acting Associate Director, Operations, clarifies that the date work authorization begins for asylees and refugees is the date on which they attained such status and that authorization continues for as long as they are in that status.
INS Notice that Filing Fees Returned to Pre-1/24/03 Levels
INS interim rule readjusting the agency's fee schedule to restore surcharges used for asylum and refugee services, fee exemptions and fee waivers. The surcharges were deleted in a 1/24/03 rule, by a now repealed provision of the Homeland Security Act. (68 Fr 8989, 2/27/03)
AILA Objects to Reported DOJ Reversal on Gender-Based Asylum
Letters to Attorney General Ashcroft and President Bush express AILA's objections to a reported reversal by the Justice Department regarding its regulations on gender-based asylum and on Matter of R-A-.
Minutes from Asylum Office Meeting with AILA (2/11/03)
Liaison meeting between the INS Asylum Office and various NGOs, including AILA, addressed such topics as the 1-year filing deadline, filing receipts, name check system, the Refugee Corps, and referral to HQ for review.
Court Grants Class Certification in the AILF Asylee Adjustment Lawsuit
District Court for the District of Minnesota granted the Plaintiffs' Motion for Class Certification and certified a national class and four subclasses of asylees awaiting adjustment. (Ngwaniya v. Ashcroft, 1/14/03)
Groups Raise Immigration Issues With DHS Secretary-Designate Ridge
Letter from ethnic and immigration groups, including AILA, to DHS Secretary-Designate Tom Ridge, regarding immigration issues.
Update on Adjudications Halt
INS continues to not approve adjustment, naturalization and asylum applications, pending clearances from the FBI.
USCIS Provides Lesson Plan on Interviewing - Inter-Cultural Communication
USCIS provided part four of its Asylum Officer Basic Training lesson plan on interviewing. This lesson describes how cultural differences may create barriers to effective communication and provides techniques for recognizing and overcoming those barriers.
USCIS Provides Lesson Plan on Making an Asylum Decision
USCIS provided its AOBT lesson plan on making an asylum decision. This lesson addresses general considerations involved in decision-making in the asylum context, legal issues to consider, and how to apply the law to the facts in order to decide whether to grant, deny, or refer a request for asylum.
NSC Projects FY03 Asylee Adjustment Cutoff To Be 2/1/99
The 11/02 newsletter from the INS Nebraska Service Center indicates that the filing cutoff date for asylee adjustments is expected to be 2/1/99. Commentary on NSC staffing also is provided.
DOS Fact Sheet on FY2003 Refugee Admissions from Latin America and the Caribbean
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from Latin America and the Caribbean.
DOS Fact Sheet on FY2003 Refugee Admissions from the Near East/South Asia
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from the Near East/South Asia.
DOJ’s Statement on Rabih Haddad Asylum Decision
Justice Department statement on the 11/22/02 immigration judge decision denying Rabih Haddad’s application for asylum and withholding of removal.
AILA's Canada Chapter Comments on Safe Third Country Regulations
AILA's Canadian Chapter testified on the proposed regulations regarding the Agreement for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (Safe Third Country Agreement).