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
Chief Immigration Judge Describes Case Completion Goals
A 4/26/02 memo from Chief Immigration Judge Creppy addresses case completion goals for the immigration court based on the 1/11/01 Case Completion Goals for the Immigration Courts and the Board of Immigration Appeals, requesting that FY2001 goals be applicable through FY2003.
BIA Issues Policy Change on Untimely Asylum Motions
The BIA is withdrawing in 90 days from its policy of granting, on its own motion under 8 CFR §3.2(a), untimely motions to reopen asylum claims that are based solely on coercive population control policies. (Matter of G-C-L-, 4/10/02)
BIA Denies Asylum to Admitted Member of Mujahedin
The BIA held that the USA PATRIOT Act does not change the standard for determining asylum or withholding of removal — that there is reasonable ground to believe that an alien is engaged in, or is likely to engage in, terrorist activity or is a danger to the U.S. (Matter of U–H–, 4/5/02)
EOIR Lifts Conditional Status for Certain Asylum Grants
In an April 2, 2002, press release, the EOIR announced that it has now granted full asylum to all individuals who received conditional asylum grants based on coercive population control policies on or before December 17, 1999.
BIA Dismisses CAT Claim for Haitian Man
The BIA held that an alien seeking protection under CAT must establish that it is more likely than not that he will be tortured in the country of removal, and that evidence of torture must consist of five elements set forth at 8 CFR §208.18(a). (Matter of J-E-, 3/22/02)
EOIR/AILA Liaison Meeting (3/7/02)
Approved report from the March 7, 2002, AILA/EOIR Liaison Meeting. Topics included coercive family planning policy cases, asylum EAD clock, and issues of misconduct by private practitioners and judges.
AG Says Drug Trafficking Offenses are Presumptively "Particularly Serious"
The Attorney General reversed three BIA decisions and held that drug trafficking offenses presumptively constitute particularly serious crimes under INA 241(b)(3)(B)(ii). (Matter of Y-L-, 3/5/02)
AILF and Dorsey & Whitney File Asylee Adjustment Lawsuit
AILF and Dorsey & Whitney filed a national class action lawsuit challenging the INS's mismanagement of the asylee adjustment process. (Ngwanyia v. Ashcroft, 3/4/02)
INS Issues Asylee Adjustment Processing Advisory for FY2002
In response to pressure from AILF/AIC, INS issued asylee adjustment processing advisory for FY2002.
INS Advisory on Processing of Asylee Adjustments
INS memo setting new procedures for adjudicating asylee adjustments for fiscal year 2002.
INS Fact Sheet on Changes to the Hmong Veterans' Naturalization Act of 2000
INS issued a fact sheet on the Hmong Veterans' Naturalization Act of 2000. On 11/28/01, the filing deadline for benefits was extended by 18 months. The new filing deadline for qualified veterans and their spouses is 5/26/03. The deadline for qualified widows of such veterans is 11/1/03.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
This recently acquired 2001 memo from Bo Cooper, INS General Counsel, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission.
Asylum Division Quality Assurance Referral Sheet
The Quality Assurance Referral Sheet is utilized by Asylum Offices when referring affirmative asylum applications to Asylum HQ and lists the types of cases which require review by Asylum HQ prior to service of a decision.
BIA Upholds Asylum Grant to Nicaraguan Street Child
In nonprecedent decision, the BIA dismissed the appeal of the IJ's grant of asylum based on social group (abandoned street children in Nicaragua) and imputed political opinion. (Matter of B-F-O-, 11/6/01)
Questions & Answers from NSC Liaison Meeting (10/17/01)
The Nebraska Service Center answers AILA's questions on such topics as premium processing and expedites, faxpress, consular returns, H-1Bs, adjustments of status, HRIFA, asylum, I-140s, and reentry permits.
AILA/NSC Liaison Minutes (9/19/01)
Discussions between AILA and the Nebraska Service Center included such topics as premium processing, expedite requests connected with 9/11, forwarding of I-751 cases, I-140 skilled workers, mailroom issues, and I-485s for physicians.
Report of 8/15/01 Liaison Teleconference with NSC
Discussions between AILA and the INS Nebraska Service Center include such topics as ensuring that materials are matched with files, updating files sent to the NVC, dates on receipts for 245(i) filings, and the frontlog for receipt preparation.
Outline of INS Asylum Program
A 6/01 INS outline describing recent changes in the asylum office, and providing data regarding caseload and applications handled.
INS Memo on Confidentiality of Asylum Applications
The 6/21/01 memo by Bo Cooper (INS Gen. Counsel) entitled "Confidentiality of Asylum Applications and Overseas Verification of Documents and Application Information," gives guidance to INS overseas personnel conducting verification of documents and facts contained in asylum applications.
INS Answers Congressman Conyers' Questions
INS answers questions posed by Congressman Conyers following a subcommittee hearing on 5/21/01 regarding oversight of INS, including questions on backlog reduction, civil rights training, profiling, 245(i) funds, asylee adjustment, overdue reports to Congress, and CIPRIS.
INS Memo on Confidentiality of Asylum Applications
INS provided a memorandum that discusses the confidentiality requirements that apply to information contained in or pertaining to asylum applications and gives guidance to INS overseas personnel conducting verification of documents and facts contained in asylum applications.
Conditional Status Lifted For Certain Asylum Grants
INS Press Release announces that EOIR and INS lift conditional status for certain FY 2000 asylum grants based on coercive population control policies.
INS Addresses Adjustment of Certain Syrians
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner instructing the field on adjustment of status of certain Jewish nationals of Syria who have been granted asylum.
Adjustment of Status for Certain Syrian Nationals
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner (INS) providing eligibility information and adjudication policy guidance for the implementation of P.L. 106-378, which pertains to the adjustment of certain Syrian nationals arriving after 12/31/91.
INS Fact Sheet on Syrian Adjustment Act
INS Fact Sheet on the Syrian Adjustment Act (P.L. 106-378), which allows up to 2,000 eligible Syrian nationals who were previously granted asylum in the U.S. to obtain permanent residency independent of the annual statutory limit.