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
Asylum Program Data
INS summary of current asylum data. Attachments chart asylum information on: workload, applications filed, leading nationalities, interviews conducted, cases completed, cases pending, affirmative application by gender, and NACARA statistics.
AILA Congressional Testimony on U.S. Immigration System
Testimony by Warren R. Leiden on behalf of AILA before the Senate Immigration Subcommittee on "U.S. Immigration Policy: An Overview."
EOIR Liaison Minutes (3/22/01)
Liaison discussions from 3/22/01 with EOIR included such topics as NTA filings and procedures, video hearings, "affirmance without opinion" decisions, continuations pending I-130 adjudication, and referrals of affirmative asylum applications.
180 Day Asylum Clock Matrix Draft
180 Day Clock Matrix for Post-January 4, 1995 asylum cases indicates how INS works the clock. Text identifies situations where the asylum office policy is to make reasonable accomodations. INS maintains that the KLOK error rate is minimal.
INS Training Materials on Asylum 1-Year Deadline
INS training materials for Asylum Officers regarding the one-year filing deadline for asylum applications.
EOIR Answers Asylum Questions (3/13/01)
At a 3/13/01 Asylum liaison meeting, EOIR addressed issues regarding status and erroneous stopping of the clock. It also addressed the effect of Convention Against Torture (CAT) claims on the clock.
Asylum Cases Requiring Referral to HQ
INS Asylum Office 'Quality Assurance Referral Sheet' contains a list of the types of cases that are required to be reviewed by INS Headquarters before a decision on the asylum application can be reached.
INS to Institute Procedures to Call Asylum Applicants
A 2/23/01 memo from Joseph Langlois, Director (INS) instructing asylum office directors to develop procedures that will insure the confidentiality of asylum applicants. The local Asylum Offices are to call applicants by number, rather than name, when they appear.
Memo Implements LIFE Reinstatement Provision
A 2/22/01 memo from Joseph Langlois, Director (INS) clarifying that persons granted NACARA section 203 relief are not barred by 241(a)(5) reinstatement from pursuing asylum claims.
AILA/CLE Program Q&A NSC
At a Seattle CLE program, NSC provided written answers on issues including the Faxpress system, fingerprinting, documentation of H-1B equivalencies, license requirements for H-1Bs, documenting corporate relationships for L-1s, and asylum adjustment number allocations.
John Ashcroft's Replies to Immigration Questions
Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee, including questions on INS restructuring, expedited removal, due process, domestic violence-based persecution, worksite enforcement, and mail order brides.
Attorney General Vacates Matter of R-A-
On her last day in office, the Attorney General vacated Matter of R-A- and remanded it to the BIA to reconsider its decision after the 12/7/00 regulations are finalized. (Matter of R-A-, vacated 1/19/01)
INS Implements New Credible Fear Process
A 12/8/00 memo from Joseph Langlois, Acting Director (INS) regarding new procedures for the expedited removal credible fear process. (Note that the draft manual referenced as being attached was not released to AILA, and thus is not available.)
INS Proposed Rule on Gender-Based Asylum
INS proposed regulation would address definitions of "persecution", "social group", and persecution "on account of" a protected characteristic, focusing principally on gender-based issues in light of Matter of R-A-. (65 FR 76588, 12/7/00)
INS Q&A on Matter of R-A- Regulations
The INS issues Q&As on its recent regulatory proposals on gender-based persecution claims and Matter of R-A-.
INS Press Release on Proposed Rule Issued for Gender-Based Asylum Claims
The Attorney General and the Commissioner of INS announced the publication of regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group.
Asylum Q&A From INS
The INS publishes questions & answers regarding asylum regulation on past persecution and relocation within a country.
INS Final Regulation on Asylum Due to IIRIRA Provisions
INS final rule implementing provisions of IIRIRA on asylum claims, including past persecution, the possibility of relocation within the home country, and discretion where past persecution has been established but there may not be a well-founded fear of future persecution. (65 FR 76121, 12/6/00)
Questions & Answers from Nebraska Service Center
NSC answers questions from AILA's 11/2/00 liaison committee on such topics as RFEs, petitions returned by consulates, asylee I-485s, EAD issues, application of 245(c)(8) after the filing of an adjustment application, and I-140 successorship cases.
INS FAQ on Naturalization Process for Hmongs
A 8/21/00 INS FAQ outlining procedures for naturalization for certain refugees from Laos who are exempt from the English language requirement and are eligible for special consideration for civics testing.
INS HQ Provides Written Answers to Liaison Questions
Discussions included such topics as concurrent I-140/I-485 filings; I-485s for spouses acquired after AOS filing; I-140 expedites; H-2B regulations; operation of the AAO; NACARA application jurisdiction; and optional practical training for master's students.
Revised OPPM on Asylum Request Processing
Revised Operating Policy and Procedures Memorandum 00-01 issued by EOIR Chief Immigration Judge Michael Creppy, providing guidance on asylum request processing. Supersedes OPPM 00-01 issued 3/22/00.
EOIR Press Release on Conditional Asylum Status for Certain FY99 Grants
EOIR press release concerning the eligibility of those granted conditional asylum for persecution or fear of persecution based on coercive population control policies for all asylum benefits. This applies to grants between October 1, 1998 and March 18, 1999.
CSC Liaison Minutes (8/1/00)
Discussions with CSC, supplementing written Qs&As, included such topics as NACARA & TPS email inquiries; processing of I-130s, I-140s, I-485s, N-400s, I-360s, and Os and Ps; EB-11s for athletes; and fingerprints for adjustments.
Jurisdiction Over Asylum Applications in Hawaii and Guam Shift from San Francisco Asylum Office to Los Angeles
INS news release, stating that effective July 24, 2000, asylum office jurisdiction over the state of Hawaii and the territory of Guam will transfer from the San Francisco asylum office to the Los Angeles asylum office.