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
Groups Raise Immigration Issues With DHS Secretary-Designate Ridge
Letter from ethnic and immigration groups, including AILA, to DHS Secretary-Designate Tom Ridge, regarding immigration issues.
Update on Adjudications Halt
INS continues to not approve adjustment, naturalization and asylum applications, pending clearances from the FBI.
USCIS Provides Lesson Plan on Making an Asylum Decision
USCIS provided its AOBT lesson plan on making an asylum decision. This lesson addresses general considerations involved in decision-making in the asylum context, legal issues to consider, and how to apply the law to the facts in order to decide whether to grant, deny, or refer a request for asylum.
USCIS Provides Lesson Plan on Interviewing - Inter-Cultural Communication
USCIS provided part four of its Asylum Officer Basic Training lesson plan on interviewing. This lesson describes how cultural differences may create barriers to effective communication and provides techniques for recognizing and overcoming those barriers.
NSC Projects FY03 Asylee Adjustment Cutoff To Be 2/1/99
The 11/02 newsletter from the INS Nebraska Service Center indicates that the filing cutoff date for asylee adjustments is expected to be 2/1/99. Commentary on NSC staffing also is provided.
DOS Fact Sheet on FY2003 Refugee Admissions from Latin America and the Caribbean
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from Latin America and the Caribbean.
DOS Fact Sheet on FY2003 Refugee Admissions from the Near East/South Asia
A DOS fact sheet dated 11/19/02 provides details on the FY2003 refugee admissions program from the Near East/South Asia.
DOJ’s Statement on Rabih Haddad Asylum Decision
Justice Department statement on the 11/22/02 immigration judge decision denying Rabih Haddad’s application for asylum and withholding of removal.
AILA's Canada Chapter Comments on Safe Third Country Regulations
AILA's Canadian Chapter testified on the proposed regulations regarding the Agreement for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (Safe Third Country Agreement).
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.
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.
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.