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 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)
NSC Liaison Q&As from February 1999 Meeting
Q&As rom the Nebraska Service Center liaison meeting which was held in February 1999. Topics included general processing information, inquiries, changing addresses, I-551 card production, notices, receipts/rejections, I-129s, I-140s, I-526s, I-485s, and more.
CA9 Finds Lack of Proof of Persecution Likelihood
While the petitioner 'offered sufficient evidence to establish a material change in country conditions, he did not establish a prima facie case that the change would likely subject him to individualized persecution.' (Qaumi v. INS, 1/29/99)
BIA on "Particularly Serious Crime" Determination
The BIA held that first degree armed robbery of an occupied home, where the sentence imposed was 55 months imprisonment, is a "particularly serious crime" rendering the alien ineligible for withholding. (Matter of S-S-, 1/21/99)
CA9 Remands on Asylum Holding
Petitioner requests review of a final order of the BIA denying his request for asylum and withholding of deportation. The court concludes that the BIA erred and remand the case. (Campos-Sanchez v. INS, 1/6/99)
CA9 Remands to Explore Past Persecution
Because the record is not fully developed with respect to whether Petitioner is entitled to asylum for humanitarian reasons, the Court remands for a determination by the BIA regarding past persecution. (Hyseni v. INS, 1/4/99)
CA1 Finds No Nexus in Algerian Asylum Claim
The court found that substantial evidence supported the BIA’s determination that Petitioner failed to prove past persecution or a well-founded fear of persecution in Algeria on one of the grounds enumerated in the statute. (Debab v. INS, 12/22/98)
INS Guidelines For Children's Asylum Claims
A 12/10/98 memo from Jeff Weiss, Acting Director (INS) providing guidance on adjudicating children's asylum claims; primarily children who apply for asylum independently rather than as a derivative applicant by submitting a Form I-589 asylum application in their own name.
INS/EOIR Proposed Rule on Suspension of Deportation and Special Rule Cancellation for NACARA
INS/EOIR proposed rule offering certain beneficiaries of the NACARA who currently have asylum applications pending and their qualified dependents, the option of applying to the INS for suspension of deportation or cancellation of removal under NACARA. Comments due by 1/25/99. (63 FR 64895, 11/24/98)
Q&As on Haitian Relief Act of 1998
Q&As prepared by AILA regarding the Haitian Relief Act of 1998.
CA9 Addresses Politically Motivated Financial Extortion
CA9 finds financial extortion was politically motivated for asylum purposes, and remands to be presented to the AG for an exercise of discretion, thus reversing Matter of T-M-B-, Int. Dec. 3307 (BIA 1997). (Borja v. INS, 10/22/98)
P.L. 105-277: Torture Convention Provisions
Full text of the Torture Convention Provisions as contained in the Omnibus Appropriations billed as signed into law on 10/21/98.
P.L. 105-277: Haitian Relief Provisions
Full text of the 'Haitian Refugee Immigration Fairness Act of 1998' as incorporated in the 1999 Omnibus Appropriations Bill signed into law on 10/21/98
BIA Finds No Compelling Reasons to Grant Asylum Where Conditions Changed in Afghanistan
The BIA found that the applicant failed to establish compelling reasons for being unwilling to return to Afghanistan where he suffered beatings during a month-long detention and the disappearance and likely death of his father. (Matter of N-M-A-, 10/21/98)
AILA-INS General Counsel Liaison (9/25/98)
Minutes from the September 25, 1998, AILA-INS General Counsel meeting. Issues covered include 245(i), EAD extensions, Matter of Izuumi policy, unlawful presence accrual, removal and conditional grants.
NSC Procedures for Filing Refugee/Asylee I-485s
Nebraska Service Center procedures for filing Direct Mail refugee and asylee I-485s. Practice tip includes list of required and optional documents for adjudication without interview.
BIA Finds No Jurisdiction to Review Claim for Relief Under CAT Article 3
The BIA lacks jurisdiction to adjudicate a claim for relief from deportation under Article 3 of the U.N. CAT as there has been no legislation implementing Article 3, no regulations have been promulgated, and Article 3 is a non-self-executing treaty provision. (Matter of H-M-V-, 8/25/98)
INS Notice on Derivative Refugee Status
INS notice to organizations that assist overseas refugee applicants that the INS will grant derivative refugee status under §207(c)(2) of the INA only to a person who is the spouse or child of a refugee who qualifies for admission under §207(c)(1). (63 FR 43957, 8/17/98)
Amicus Brief in In the Matter of Yahia Meddah
Brief of amici curiae to the BIA, in the Matter of Yahia Meddah and whether under the Convention Against Torture, an individual may be removed to a country where there is substantial grounds for believing that the individual would be in danger of being subjected to torture.
Asylum Officer Training Materials on Filing Deadline
8/98 training manual and lesson plan for INS asylum officers on the one year filing deadline.
INS on Civil Surgeons Designate, Vaccination Requirements
A 7/30/98 memo from Jacquelyn Bednarz, Acting Associate Commissioner (INS) on the designation of additional civil surgeons to facilitate the medical exam required for refugees seeking adjustment of status and clarifying the vaccination requirements for refugees.
June INS Liaison Meeting Minutes
June INS Liaison Meeting Minutes/Procedure for Addressing Service Center Problems/Call for Case Examples on Proposed Asylum Regulations. Courtesy of Beth Lyon.
AILA-INS General Counsel Liaison Meeting (7/10/98)
Highlights of the July 10, 1998, AILA-INS General Counsel Liaison Meeting.