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 Interim Rule Expanding Direct Mail Filing for Asylee/Refugee Adjustment Applications
INS interim rule requiring refugees and asylees to file their applications for adjustment of status directly with an INS service center for processing. Effective 6/6/98. (63 FR 30105, 6/3/98)
NSC on I-730 Processing Procedures
Nebraska Service Center update on I-730 processing procedures. Each petition must include full supporting documentation of eligibility establishing the family relationship, and one photo of each beneficiary. Outdated forms will be rejected.
EOIR Liaison Meeting Minutes (4/30/98)
EOIR liaison minutes from an April 30, 1998 liaison meeting between AILA and the Executive Office for Immigration Review (EOIR), topics include NACARA/suspension issues, detention and bond, asylum, attorney conduct, and process issues.
INS Memo on Convention Against Torture
A 4/27/98 memo from Joseph Langlois, Deputy Director (INS) providing guidance on procedures and the role of the asylum officer in the Article 3 of the Convention against Torture process.
AILA/Service Center Liaison Q&As (4/23/98)
Q&As from the 4/23/98 teleconference with INS include ASC reservation systems, asylum filing deadlines, and the transfer of naturalization files to the service centers.
BIA Finds Harm Suffered Rose to Persecution in the Aggregate
An alien who suffered repeated beatings and received multiple threats, whose apartment was vandalized, and whose son was degraded and intimidated on account of his Jewish nationality established that he suffered harm which rises to the level of persecution. (Matter of O-Z- & I-Z-, 4/2/98)
INS HQ Liaison, 3/19/98
Draft minutes of March 19, 1998, INS Headquarters liaison meeting.
BIA Upholds Denial of Asylum Where Corroborating Evidence Was Reasonably Available
The BIA held that an alien who did not provide evidence to corroborate his identity, nationality, claim of persecution, and other relevant claims, where it was reasonable to expect such evidence, failed to meet the burden of proof for asylum. (Matter of M-D-, 3/13/98)
OCIJ on One-Year Filing Limitation for Asylum Applications
Office of the Chief Immigration Judge (OCIJ) memo, dated 3/13/98, announcing that on 4/1/98, the one-year filing limitation in section 208(a)(2)(B) of the INA will become effective for asylum applications filed after that date.
INS/AILA Teleconference, 2/24/98
INS/AILA Teleconference Minutes from February 24, 1998.
BIA Upholds Denial of Asylum Claim Based on Fear of Shining Path
The BIA held that the reasonableness of an alien's fear is reduced when his family remains in his native country unharmed for a long period after his departure and upheld the denial where DOS evidence indicated the Shining Path operates in only a few areas of Peru. (Matter of A-E-M-, 2/20/98)
BIA Says Asylum Burden Requires More Than General Testimony
The BIA held that an asylum applicant does not meet the burden of proof by general and meager testimony and that the weaker an applicant's testimony, the greater the need for corroborative evidence. (Matter of Y-B-, 2/19/98).
BIA on Credibility and Demeanor
The BIA held that because an IJ is in the unique position to observe the testimony of the alien, a credibility finding which is supported by a reasonable adverse inference drawn from the alien's demeanor generally should be accorded a high degree of deference. (Matter of A-S-, 2/19/98)
INS Final Rule on Procedures for Filing Form I-730 for Derivatives
INS final rule providing guidelines and procedures for filing a derivative petition (Form I-730) for a spouse and unmarried children of a refugee/asylee. (63 FR 3792, 1/27/98)
BIA on Impact of Counterfeit Identity Document on Claim
The BIA held that an ID document that is found to be counterfeit by forensic experts not only discredits the applicant's claim as to identity and nationality but also indicates an overall lack of credibility. (Matter of O-D-, 1/8/98)
P.L. 105-136
Full text of the bill to amend the Immigration and Nationality Act to authorize appropriations for refugee and entrant assistance for fiscal years 1998 and 1999, signed into law on 12/2/97.
INS Liason Minutes (9/30/97)
Attached are the minutes from the September 30, 1997 INS/AILA Adjudications Liason Meeting. Please note: These are draft minutes reflecting AILA's interpretation of the meeting and have not yet been approved by INS.
BIA Rejects Untimely Motion to Reopen
The BIA held that the respondent's untimely motion to reopen did not fall within the 8 CFR §3.2(c)(3)(ii) exception allowing for reopening out of time in order to apply for asylum based on changed country conditions. (Matter of J-J-, 7/31/97)
BIA Upholds Decision to Deny Asylum and Withholding Due to Robbery Conviction
The BIA dismissed the appeal of the IJ's denial of asylum and withholding, finding that the applicant's conviction for robbery with a deadly weapon was an aggravated felony and a particularly serious crime. (Matter of L-S-J-, 7/29/97)
Langlois Memo on Persecution of an Asylum Applicant's Family Members
A 6/30/97 memo from INS Deputy Director Joseph Langlois clarifing when harm to an asylum applicant's family member constitutes persecution to the applicant.
BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case
The BIA held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus meet the definition of "refugee." (Matter of C-Y-Z-, 6/4/97)
DOS Implements Pub. L. 104-208 Reciprocity Change
DOS final rule implementing 632(b) of Pub. L. 104-208, to authorize the application of the nonimmigrant reciprocity rules to refugees and permanent residents on a reciprocal basis. Also instructs posts to cease issuing Burroughs nonimmigrant visas with indefinite validity. (62 FR 24331, 5/5/97)
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
INS Proposed Rule on Expedited Removal
INS rule proposes to amend INS and EOIR regulations governing the conduct of both expedited and regular removal proceedings, and handling of asylum claims. Comments due by 2/3/97. (62 FR 444, 1/3/97)
EOIR Memo on Notices of Immigration Judge Hearings
EOIR interim operating policy and procedure memorandum 97-2 on procedures for mailing notices of Immigration Judge hearings for in-person hearings, as well as no-detained and detained cases. Also includes procedures for rescheduled or continued hearings.