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 Vacates Denial of Asylum for Dual Ugandan/Rwandan Citizen
The court held that the BIA’s denial was not supported by substantial evidence where Petitioner presented an adequate account of events, supplied sufficient corroborating evidence, and had a genuine, subjective fear of persecution. (Mukamusoni v. Ashcroft, 12/1/04)
AG Denies Request for Review of Matter of C-Y-Z-
The Attorney General denied the INS Commissioner’s request for review of Matter of C-Y-Z- which held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution. (Matter of C-Y-Z-, 12/1/04)
DOJ Final Rule on US-Canada Agreement on Asylum Claims Made in Transit and at Land POEs
EOIR final rule adopting proposed rule on the 12/5/02 US-Canada agreement, barring certain aliens arriving from Canada at ports of entry (POEs) or in transit during removal from Canada, from applying for asylum and related protections in the U.S. Rule effective 12/29/04. (69 FR 69490, 11/29/04)
DHS Final Rule on US-Canada Agreement on Asylum Claims
DHS rule codifies the US-Canada agreement on which government decides certain asylum requests, sets USCIS asylum officers' authority in expedited removal, and codifies the definitions of "credible fear of persecution" and "credible fear of torture." (69 FR 69479, 11/29/04)
United States and Canada to Implement Safe Third Country Agreement on Asylum
USCIS press release announcing the implementation of a bilateral agreement between the United States and Canada affecting asylum seekers at U.S.-Canada land border ports-of-entry, and transiting through the United States or Canada during removal by the other country.
NSC Refugee-Asylee Teleconference Q & A's (11/23/04)
NSC Refugee-Asylee Teleconference Q&As (11-23-04) include topics such as I-730's; getting case updates without LIN #s; international organization adjustments of status; HRIFA/485 backlogs; EAD photos; EAD/re-entry permit validity dates; mailings of approved EAD/parole/reentry permits; and AR-11s.
Finding Past Persecution, CA9 Reverses IJ Determination
In finding that petitioner suffered past persecution, the court affirmed that a showing of serious bodily injury or medical attention is not required to establish persecution. (Mihalev v. Ashcroft, 11/9/04)
CA3 on OIL Procedures Permitting Remand in Persecution Cases
Under the new procedures, OIL, in consultation with EOIR and DHS, may remand cases involving persecution claims where the administrative record is out of date and not appropriate for judicial review. (Ambartsoumian v. Ashcroft, 11/1/04)
Minutes of 10/28/04 USCIS Liaison Meeting
The 10/28/04 meeting with USCIS' Operations and Legal offices included discussions on numerous issues, including 245(i) and (k), AC21, the RFE memo, the 800 number, expedites for persons in proceedings, security checks, Infopass, and ASC scheduling.
President Authorizes $8 Million for Refugee Assistance in Burundi
Presidential determination that up to $8 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee needs related to the Burundi refugee repatriation and reintegration. (69 FR 62791, 10/27/04)
CA3 Remands for Panel Review of Novel Refugee Issue
The court found petitioner’s contention that the INS must first terminate refugee status before initiating removal proceedings “consistent with the text and some of the legislative history of the INA” and that the BIA erred in affirming without opinion. (Smriko v. Ashcroft, 10/26/04)
NSC Addresses Employment-Based Issues (10/26/04)
Nebraska Service Center Q&As from a business product teleconference with community-based organizations; NSC addresses such topics as labor certifications in withdrawn I-140s, ability to pay, processing times, change of attorney address, transfers to local offices, security checks, and blanket Ls.
Sign-On Letter to the Conference Committee Opposing Anti-Refugee Provisions in H.R. 10
A letter from AILA and other interested organizations to Members of Congress asking that they reject the anti-refugee provisions of the House-passed 9/11 Recommendations Implementation Act (H.R. 10).
Sign-On Letter to Members of Congress Regarding H.R. 10
A letter from AILA and other interested organizations to Members of Congress asking that they reject the divisive immigration provisions of the House-passed 9/11 Recommendations Implementation Act (H.R. 10).
Presidential Determination on FY2005 Refugee Admissions
Presidential Determination authorizing up to 70,000 refugees to be admitted to the U.S. during FY2005 and providing regional allocations. Authorizes transfer of unused numbers based on regional need. 10,000 numbers allocated for asylee adjustment. (69 FR 60943, 10/14/04)
CA9 Finds “Disfavored Status” of Ethnic Chinese in Indonesia Supports Well-Founded Fear of Persecution
The court held that the record established that ethnic Chinese in Indonesia have "disfavored status" and that petitioner was specifically targeted for persecution. Thus, the court concluded that petitioner had a well-founded fear of persecution. (Sael v. Ashcroft, 10/14/2004)
CA6 Vacates Order Denying Asylum Application as Untimely Filed
Where the IJ's adverse credibility determination was the basis for her conclusion that the asylum application was not timely filed and the BIA rejected that determination, CA6 held that the BIA erred by failing to explain how it upheld the IJ's conclusion. (Gjyzi v. Ashcroft, 10/13/04)
NSC Announces Projected Cut-Off Date for Asylee Adjustments
The Nebraska Service Center projects that it will be processing asylee adjustment cases received on or before 3/31/00 during fiscal year 2005. The impact of the Ngwanyia lawsuit has not been factored into this estimate.
DOS Answers to AILA Questions (10/13/04)
DOS answers questions submitted by AILA in connection with the 10/13/04 liaison meeting. Numerous issues were explored, including revaidations, termination of registration, CSPA, DV lottery, J-1 skills list, security checks, the Kentucky Consular Center, and application withdrawals.
DOS Press Statement on Refugee Admissions for FY2004
DOS press statement on refugee admissions during FY2004 provides that 52,875 refugees representing more than 40 nationalities were admitted during FY2004, an 85% increase in admissions over FY2003.
EOIR Responses to AILA's Liaison Questions (9/30/04)
Liaison issues addressed with EOIR included local court rules, payment of fees, St. Cyr relief, publication of decisions, prima facie removability, judicial performance, video hearings, venue changes, "front desking", FOIA, impact of ICE's detention program, and EOIR's pro bono program.
NSC Addresses Various Non-Employment Based Issues (9/28/04)
Nebraska Service Center Q&As from a liaison teleconference with community-based organizations; NSC addresses such topics as the priority date when a petition is filed at the wrong office, missed I-730 deadlines, NVC transfers, grandfathering of 245(I), unreceived documents, and the asylum clock.
AILA Testifies in Congress on U.S. Refugee Program
AILA Treasurer Charles Kuck testified on 9/21/04 before the Senate Judiciary Subcommittee on Immigration, Border Security, and Citizenship regarding the history and future of the U.S. refugee program.
EOIR Memo on Unaccompanied Minors in Proceedings
The Executive Office for Immigration Review (EOIR) memo defines "unaccompanied alien child," limiting the child's age to under 18; discusses modifications of courtroom settings and appropriate courtroom procedures; and addresses specified coding for unaccompanied minors' cases.
CA8 Remands Somalian Asylum Case
The court held that the BIA erroneously held that petitioner could relocate to avoid persecution in Somalia and rejected the government’s argument that conditions in Somalia had “measurably improved.” (Awale v. Ashcroft, 9/13/04)