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
ORR Announces Proposed Allocations to States of FY2004 Refugee Social Service Funds
HHS’s Office of Refugee Resettlement notice setting forth the proposed allocations to states of FY2004 funds for refugee social services under the Refugee Resettlement Program. ORR has available $152,217,586 in FY2004 refugee social service funds. (69 FR 13056, 3/19/04)
DHS Reports to Congress on Asylum Seeker Detentions
Section 903 of the Haitian Refugee Immigration Fairness Act (HRIFA) requires the Attorney General to regularly collect data on detained asylum seekers. The DHS issued reports on overall numbers, countries of origin, gender, age, and detention facilities for FY1999 through FY2002.
CA9 Grants Asylum to Spouse Where the Marriage was Not Legally Recognized by the Chinese Government
CA9 held that a spouse married in a traditional Chinese wedding ceremony can establish past persecution and qualify as a refugee based of his wife’s forced abortion and sterilization, notwithstanding the fact that China would not legally recognize the marriage. (Ma v. Ashcroft, 3/15/04)
CA1 Upholds Chinese One-Child Policy Asylum Denial
The court affirmed the IJ’s findings of adverse credibility and that a certificate submitted by Petitioner purporting to prove a forced abortion was fraudulent. (Qin v. Ashcroft, 3/15/04)
CA3 Finds No Habeas Jurisdiction to Review BIA's Discretionary Denial of Asylum
Consistent with a number of its sister circuits, the court upheld the BIA's discretionary denial of asylum, finding that discretionary determinations and factual findings are not within the scope of habeas review. (Bakhtriger v. Elwood, 3/10/04)
CA8 Affirms Denials of Asylum and Withholding, and Remands on CAT Claim
CA8 affirmed denials for failure to show a nexus to petitioner’s political opinion, and remanded the CAT claim on the question of whether the EPLF had the status of a recognized government at the time petitioner was considered to have deserted the EPLF forces.(Habtemicael v. Ashcroft, 3/9/04)
CA8 Remands Asylum Case for In-Country Relocation and Past Persecution Determinations
CA8 remanded for consideration of 8 CFR 208.13(b)(3) on whether it would be reasonable to expect Petitioner to relocate within his home country. It also remanded for consideration of whether the petitioner suffered past persecution. (Hagi-Salad v. Ashcroft, 3/9/04)
DHS Proposes Rule Implementing ‘Safe Third Country’ Agreement
DHS proposed rule that would implement the U.S./Canada “Safe Third Country” agreement which, among other things, provides for a threshold determination to be made as to which country will consider the merits of a prospective asylee’s claims. (69 FR 10620, 3/8/04)
President Authorizes $20 Million for Refugee Assistance in the West Bank and Gaza
The President has determined that up to $20 million should be made available from the U.S. Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee needs in the West Bank and Gaza. (69 FR 9917, 3/3/04)
Senators Urge President Bush to Protect Haitian Refugees
A 3/1/04 letter from Senators Kennedy (D-MA), Leahy (D-VT), and Durbin (D-IL) to President Bush urging him to abide by our obligations under the 1951 Convention and 1967 Protocol Relating to the Status of Refugees and provide protection to refugees of the crisis in Haiti.
CA1 Denies Asylum and Withholding Based on Firm Resettlement
The court found that the government established firm resettlement through the submission of a Venezuelan residency stamp in Petitioner’s passport and evidence that Venezuela had twice honored the stamp and admitted Petitioner. (Salazar v. Ashcroft, 2/26/04)
CA2 Rejects BIA Interpretation of CAT Requirements
The court overruled the BIA in Matter of Y-L- to hold that CAT requires "only that government officials know of or remain willfully blind to an act and thereafter breach their legal responsibility to prevent it." (Khouzam v. Ashcroft, 2/24/04)
CA8 Analyzes the Substantial Evidence Standard and Affirms Denial of Asylum
The Court noted that it may not review the record and reach its own conclusion, but must assess only the reasonableness of the fact-finder’s conclusion. Applying deference, the Court held that substantial evidence supported the IJ’s denial of asylum. (Menendez-Donis v. Ashcroft, 2/19/04)
CA2 Remands Asylum Case for Consideration of Physical Abuse
The court found that the BIA's decision was fatally flawed where it erroneously asserted that Petitioner had not been beaten and further instructed the agency to not place “excessive reliance” on the DOS report on remand. (Chen v. Ashcroft, 2/18/04)
CA9 Holds that the Lautenberg Amendment Does Not Apply to Asylum Applicants
Holding that there is no equal protection violation, the Ninth Circuit found that the Lautenberg Amendments apply to only refugees outside the United States, and not to asylum applicants within the United States. (Halaim v. Ashcroft, 2/18/04)
AG Reverses BIA Affirmance Without Opinion
In an unpublished decision, the Attorney General reversed the BIA's affirmance without opinion and granted asylum to a Lebanese Christian who had previously assisted the U.S. Marines in Lebanon. Courtesy of Tim Wichmer.
ICE Counsel NOT Required to Reserve Appeal in CAT Cases
A 2/12/04 memo from Victor Cerda, ICE Acting Principal Legal Advisor, instructing ICE counsels that they are not required to reserve appeal on all Convention Against Torture Article 3 protection grants. Instead, judgment should be exercised.
CA7 Remands Case For Evaluation of Asylum Applicant's Language Proficiency
Because the credible fear interview was conducted in a language not the applicant’s native, CA7 remanded for additional evidence on the applicant's proficiency in the language used in the credible fear interview. (Ememe v. Ashcroft, 2/12/04)
Judge Finds Treatment of Asylees “National Embarrassment”
A federal judge issued a ruling in national class action filed by AILF and Mass Law Reform ordering government to adjust status of nearly 22,000 waiting asylees. Judge railed against the INS's "Kafkaesque" procedures. (Ngwanyia v. Ashcroft, 2/12/04)
ICE Favors Release of Aliens Granted Relief by IJs During Appeal Pendency
A 2/9/04 memo from Michael Garcia, ICE Assistant Secretary, indicating that "it is ICE policy to favor release of aliens...granted protection relief by an immigration judge, absent exceptional concerns."
CA2 Upholds Adverse Credibility Finding in Sri Lankan/Tamil Asylum Claim
The court found that inconsistencies between Petitioner's testimony at trial and the information given during an airport statement supported the IJ's adverse credibility finding. (Ramsameachire v. Ashcroft, 2/3/04)
CA9 Finds Resistence to Coercive Population Control Program Sufficient for Asylum
CA9 found the petitioner eligible for asylum because she had been forced to undergo a pregnancy exam, threatened with forced abortion and sterilization of her husband, denied a marriage license, and an arrest warrant was issued for her. (Li v. Ashcroft, 1/29/04)
CA9 Reverses Asylum Denial for Iranian
CA9 reversed the BIA and the IJ, finding that where mixed motives for persecution are present, asylum eligibility is satisfied if it is shown that at least one of the motives is “on account of” one of the statutory grounds. (Rabie Jahed v. INS, 1/20/04)
CA6 Remands Case on Terrorist Organization Issue
CA6 held that the BIA erred and abused its discretion when it denied a motion to remand where an organization was not designated a terrorist organization at the time of petitioner's involvement, and the record contained several favorable factors. (Daneshvar v. Ashcroft, 01/20/04)
CA7 Remands Two Asylum Cases and Reverses a Third
Subsequent to CA7’s decision in Niam v. Ashcroft, in which Judge Posner sharply criticized the BIA and IJ, the Judge Posner again found faulty adjudications in three asylum cases, remanding two and reversing a third.