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
INS Advises on Asylum-Related Issues Raised by AILA
An 8/2/99 memo from Michael Pearson, Executive Associate Commissioner (INS) providing guidance on two asylum-related issues that were raised during a recent liaison meeting with AILA.
BIA on Commencement of Proceedings for VWP Travelers
The BIA held that under 8 CFR §217.4(a)(1), proceedings against an alien who has been refused admission under the Visa Waiver Program and who has applied for asylum must be commenced with a Notice of Referral to Immigration Judge (Form I-863). (Matter of Kanagasundram, 7/29/99)
BIA on MTRs Based on Changed Circumstances
The BIA held that aliens seeking to reopen exclusion proceedings to apply for asylum or withholding based on changed circumstances who meet the general requirements for MTRs need not demonstrate "reasonable cause" for failure to appear. (Matter of A-N- & R-M-N-, 7/23/99)
INS Memo on Amendments to INA by IRFA
A 7/19/99 memo from Michael Pearson, Executive Associate Commissioner advising Regional Directors and Service Center Directors of the addition of sec. 212(a)(2)(G) to the INA by sec. 604 of the International Religious Freedom Act of 1998 (IRFA).
INS Advises on Inadmissibility of Aliens Who Have Engaged in Genocide
A 7/19/99 memo from Michael A. Pearson, Executive Associate Commissioner (INS) relating to the inadmissibility of any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide.
INS Annual Report on Asylees for FY1997
INS annual report on asylees for FY1997.
INS Annual Report on Refugees for FY1997
INS annual report on refugees for FY1997.
INS Annual Report on Legal Immigration for FY1998, No. 2
INS annual report on asylees for FY1998.
BIA Rejects Domestic Violence/Political Opinion Claim
The BIA held that where a victim of domestic violence fails to introduce meaningful evidence that her husband's behavior was influenced by his perception of her opinion, she has not demonstrated harm on account of political opinion or imputed political opinion. (Matter of R-A-, 6/11/99)
INS Advises on Asylee Exception to Unlawful Presence
A 6/8/99 memo from Michael Pearson, Executive Associate Commissioner (INS) outlining the procedures INS will follow to determine whether an alien qualifies for the statutory exception to inadmissibility under 212(a)(9)(B)(iii)(II) of the INA.
EOIR Response AILA Seminar Questions
Responses from EOIR to questions prepared by Royal Berg and Maureen O'Sullivan at the AILA Town Meeting in March 1999. The responses were prepared 6/7/99 by EOIR Acting General Counsel Chuck Adkins-Blanch.
NSC Processing Guidelines
The Nebraska Service Center (NSC) offers the NSC Processing Guidelines in the form of a 100 page booklet. This publication provides information regarding the organization, operation, and procedures at the NSC. Revision 5/18/1999.
EOIR Policy on UN Convention Against Torture
EOIR memo from the Office of the Chief Immigration Judge, dated May 14, 1999, on operating policies and procedures for the implementation of Article 3 of the UN Convention Against Torture.
INS v. Aguirre-Aguirre
Supreme Court ruling on granting cert stating, 'we disagree with the Court of Appeals and address each of the three specific areas in which it found the BIA's analysis deficient. We reverse the judgment of the court and remand for further proceedings.' (INS v. Aguirre-Aguirre, 5/3/99)
INS Memo Implents Adjustment of Status for Certain Iraqi Asylees
A 5/2/99 memo from William Yates, Acting Deputy Executive Associate Commissioner (INS) instructing the field on handling adjustment of status requests for certain Iraqi nationals who were granted asylum after arriving in Guam.
CA9 Remands for Credibility Finding
CA9 finds the facts presented to present a compelling case for asylum, but remands to the BIA for a credibility determination. (Briones v. INS, 4/30/99)
CA9 Reverses BIA on Changed Country Conditions
CA9 found that BIA erred in concluding that changed country conditions resulted in no longer having a well-founded fear of persecution, and remanded for a credibility determination. (Hernandez-Acosta v. INS, 4/28/99)
CA9 Finds Evidence of Persecution on Political Grounds
CA9, finding that the Recontras harassed, detained, threatened, and shot at Petitioner on account of his actual or imputed political views, reverses the BIA's finding of no past persecution, and remands for a credibility determination. (Leiva-Montalvo v. INS, 4/22/99)
BIA Says Alien Smuggling Is Not a Particularly Serious Crime
The BIA held that an alien convicted of smuggling under INA 274(a)(2)(B)(iii) and sentenced to 32 months imprisonment has not been convicted of a particularly serious crime and is eligible to apply for withholding of removal under section 241(b)(3)(B)(ii) of the Act. (Matter of L-S-, 4/16/99)
CA9 Reverses BIA Asylum Decision
CA9 holds Petitioner eligible for asylum and withholding. (Molina-Cardenas v. INS, 4/13/99)
EOIR Liaison Meeting Minutes (3/18/99)
Minutes from the EOIR/AILA Liaison Meeting which was held on March 18, 1999.
INS/AILA Liaison Meeting Minutes-Draft (3/18/99)
Draft minutes of INS/AILA liaison meeting which was held on March 18, 1999.
INS on Adjustment of Iraqi Asylees from Guam
A 3/2/99 memo from William Yates, Acting Deputy Executive Associate Commissioner (INS) providing guidance on the adjustment of certain Iraqi nationals who were granted asylum after arriving in Guam.
INS Interim Rule and Correction Concerning the Convention Against Torture
INS interim rule establishing procedures for raising a claim for protection from torture, as directed by the Foreign Affairs Reform and Restructuring Act of 1998. Rule also establishes new deferral of removal procedures. (64 FR 13881, 3/23/99) (64 FR 8477, 2/19/99)
CA9 Finds Well-Founded Fear of Persecution
CA9 reversse the BIA's decision, finding a well-founded fear of future persecution on account of political opinion, and that such persecution is more likely than not to occur, should Petitioner return to E1 Salvador. (Jaime-Martinez v. INS, 2/9/99)