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
DOS Fact Sheet on FY2003 Refugee Admissions from Africa
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from Africa.
DOS Fact Sheet on FY2003 Refugee Admissions from Former Yugoslavia
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from the former Yugoslavia.
DOS Fact Sheet on FY2003 Refugee Admissions from the NIS & the Baltics
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from the New Independent States (NIS) and the Baltics.
CLINIC Notice Regarding ORR Assistance
Announcement from Catholic Legal Immigration Network, Inc. regarding availability of various forms of cash and other assistance to asylees from the Office of Refugee Resettlement.
U.S. Supreme Court Tells Ninth Circuit to Remand Factual Questions
In a per curiam opinion, the Supreme Court reminds the 9th Circuit that it should remand fact-finding questions such as "changed circumstances" or changed "country conditions" affecting an asylum application. (INS v. Ventura, 11/4/02)
Questions & Answers from NSC Liaison Meeting (10/30/02)
The Nebraska Service Center answers AILA's questions on such topics as IBIS checks, on-line status inquiry results, H-1B standards, I-551 corrections, I-140 portability, EADs for asylum applicants, and motions to reopen/reconsider.
FY2003 Refugee Admission Numbers Announced
Presidential Determination on FY2003 refugee admissions numbers authorizing the admission of 70,000 refugees for FY2003, although 20,000 of those spots are being held as ‘unallocated reserves,’ effectively lowering the actual numbers available. (67 FR 65469, 10/25/02)
GAO Report on Immigration Benefits Required by the Haitian Refugee Immigration Fairness Act of 1998
GAO report on certain requirements of the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998 that authorized certain Haitian nationals and their dependents to apply to adjust their status to legal permanent residence.
INS Seeks to Use I-589 as Alternate EAD Application
INS notice requesting emergency approval from the OMB to use the Form I-589 to serve as an alternate application for evidence of employment authorization for individuals granted asylum, eliminating the need to file a separate I-765. (67 FR 64911, 10/22/02)
OSC Advises on Completing I-9 for Refugees and Asylees
The DOJ Office of Special Counsel indicates that asylees and refugees who do not have an INS-issued employment authorization document are nevertheless authorized to work. Courtesy of Julie Marion.
Testimony of AILA Member Paul Virtue Regarding the Case of Hesham Mohamed Ali Hedayet
Testimony of AILA Member Paul Virtue, before the House Immigration Subcommittee, regarding the INS’s handling of the asylum case of Hesham Mohamed Ali Hedayet, the Egyptian immigrant who shot and killed two people at Los Angeles International Airport on July 4, 2002.
Liaison Discussion with Nebraska Service Center (9/25/02)
Discussion with the NSC on 9/25/2002 included such topics as sending G-28s on pending cases, rejection of filings, address changes, IBIS checks, filing order for adjustment cases, concurrent filing, ability to pay, and file movement.
BIA Vacates Grant of Deferral of Removal Under CAT
The BIA held that the respondent, who was convicted of a U.S. drug offense, failed to establish that it is more likely than not that she will be tortured as a result of that conviction if she is deported to Nigeria. (Matter of M-B-A-, 9/24/02)
DOS Determines Iraqis Eligible for Refugee Assistance
State Dept. designates refugees from Iraq as eligible for assistance under the Migration and Refugee Assistance Act on the basis that such assistance will contribute to U.S. foreign policy interests. (67 FR 59589, 9/23/02)
BIA Updates Precedent Decisions Chart
The Board of Immigration Appeals has updated its chart that tracks, in chronological fashion, various BIA precedent decisions that have been cited by the federal circuit courts.
White House Press Release with Summary of Smart Border Action Plan
A White House news release dated 9/9/02 provides a summary of the current status of the U.S.-Canada “Smart Border Action Plan,” designed to enhance the security of our shared border with Canada while facilitating the legitimate flow of people and goods.
U.S. and Canada Agree to Final Draft of Safe Third Country Agreement
On 08/30/02, negotiators from the U.S. and Canada initialed a final draft of a Safe Third Country Agreement.
INS Memo Instructs on Child Status Protection Act in Context of Asylum Applications
A 8/7/02 memo from Joseph Langlois, Asylum Division Director (INS) discussing the effects of the Child Status Protection Act (PL 107-208) on derivative asylum applicants.
INS Processing Time Information on Asylee Adjustments
INS Nebraska Service Center, which has sole jurisdiction over asylee adjustments, provides processing times for these cases and advises on the asylee adjustment cut-off date and other related information.
President Delegates Authority Under the Migration and Refugee Assistance Act
Presidential Determination of 7/9/02 providing for a delegation to the Secretary of State of various functions and authorities conferred by Sections 2(d) and 2(f) of the Migration and Refugee Assistance Act of 1962. (67 FR 47437, 7/19/02)
INS General Counsel Opinion Confirms Asylees are Employment Authorized Incident to Status
A 6/17/02 legal opinion memo from Dea Carpenter, Deputy General Counsel (INS) concluding that aliens granted asylum are employment authorized incident to such status, irrespective of the issuance of an EAD.
Certain Asylees Should Provide INS with Current Address
The INS has instructed all asylees who filed adjustment of status applications on or before 6/9/98, and who have not yet received a decision on their adjustment applications, to contact the INS with their current address.
Nebraska Service Center Ombudsman Report (5/6/02)
The NSC Ombudsman has issued an Annual Report summarizing the activities of that function for 2001 (issued 5/6/2002).
AG Reverses LPR Status for Woman Convicted of Killing Child
The BIA held that persons convicted of violent crimes are not eligible for waivers under INA §209(c) except where there are national security or foreign policy concerns, or a clear demonstration that denial will result in exceptional and extremely unusual hardship. (Matter of Jean, 5/2/02)
BIA Defers Removal of Iranian Man Under Article 3 of CAT
The BIA granted deferral of removal under CAT for an Iranian Christian where it was more likely than not that he will be tortured if deported to Iran based on religion, ethnicity, duration of his residence in the U.S., and drug-related convictions. (Matter of G-A-, 5/2/02)