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 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.
EOIR Memo on Procedures for Credible Fear and Claimed Status Review
EOIR interim operating policy and procedure memorandum 97-3 on procedures for credible fear and claimed status reviews.
BIA on Post-AEDPA Aggravated Felony as a Particularly Serious Crime
In evaluating an aggravated felony, the standard is whether there is any unusual aspect of the conviction that convincingly evidences that the crime cannot rationally be deemed "particularly serious" in light of Protocol obligations. (Matter of Q-T-M-T-, 12/23/96).
Asylum under IIRAIRA
Q&As prepared by AILA regarding the asylum provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
DOS Letter on INA Section 222(g) and Asylum Claims
DOS correspondence from Visa Office Advisory Opinions Chief Ed Odom advises AILA member Mark Koestler that an alien who applies for asylum but remains beyond the period of stay authorized on the nonimmigrant visa is subject to Section 222(g).
Coercive Family Planning and Asylum
A 10/21/96 memo from David A. Martin, General Counsel (INS) on the impact of coercive family planning policies on grants of asylum. Under IIRAIRA, a person who is forced to undergo such a procedure will be deemed to be persecuted on account of political opinion.
Text of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
Division C of the Commerce/State/Justice appropriations legislation makes profound and far-reaching changes to the Immigration and Nationality Act.
Adjudication of Refugee Relative Petition
A 8/28/96 memo from Michael Aytes, Assistant Commissioner for Benefits Division (INS) directirng the Service Center to implement certain policy changes concerning the adjudication of I-730 refugee relative petitions.
BIA Says Female Genital Mutilation Can Be the Basis for Asylum
The BIA found that the respondent, a member of a social group consisting of young women of the Tchamba-Kunsuntu tribe in Togo, who have not had FGM and who oppose the practice, had a well-founded fear of persecution. (Matter of Kasinga, 6/13/96)
BIA/EOIR Liaison Minutes (5/16/96)
Minutes of May 16, 1996, AILA/BIA/EOIR liaison meeting, topics included new motions and appeals regulations, the appeals processing unit, precedent decisions, and fast tracking asylum cases.
Sexual Orientation and Asylum
A 4/4/96 letter from INS General Counsel David Martin responding to Rep. Barney Frank’s concerns about INS consideration of sexual orientation in asylum cases.
Chief Immigration Judge Memo on Asylum Application Processing
March 15, 1996 memo from the Chief Immigration Judge with operating policies and procedures for asylum request processing.
VSC Advises on Impact of Asylum on NIV Status
A 11/15/95 letter from William R. Yates, Center Director to Alan Lee regarding maintenance of status for nonimmigrants who file for political asylum.
INS Advises on Asylum and NIV Status
An 11/14/95 letter from Yvonne LaFleur, Chief, Nonimmigrant Branch, INS Adjudications, regarding whether an individual who maintains status until the date he files an asylum application is eligible to change nonimmigrant status before a decision has been rendered on asylum.
Lautenberg Impact on Asylum Procedures
A 10/6/95 memorandum from David A. Martin, General Counsel on application of Lautenberg amendment to asylum claims. Courtesy of Daniel Kowalski.
Special Filing Instructions for ABC Class Members
INS notice with special instructions on the eligibility requirements for class members eligible for benefits and requirements to file for asylum under the settlement reached in American Baptist Churches v. Thornburgh, (N.D. Cal. 1991). (60 FR 35424, 7/7/95)
Phase-out of the Nicaraguan Review Program
The following is a Fact Sheet from the Department of Justice announcing the discontinuation of a special program established in 1987 to review every final order of deportation involving a Nicaraguan national.
INS Asylum Gender Guidelines
The following is a May 26, 1995 Fact Sheet regarding the INS Asylum Gender Guidelines.
INS Issues Guidelines from Women's Asylum Claims
A 5/26/95 memo from Phyllis Coven, Office of International Affairs (INS) to all Asylum Office(rs)/HQASM Coordinators providing guidance and background on adjudicating cases of women having asylum claims based wholly or in part on their gender.
DOS Letter on Transfer of I-730 Petitions to NVC
A 2/24/95 letter from Matthew C. Victor, Post Liaison Officer, Visa Service Directorate to Estelle F. Strizhak, InterAction Technical Working Group regarding the I-730 Refugee/Asylee petitions being transfer to the National Visa Center (NVC) for processing.
UNHCR on Nationality Issues in Asylum Cases
12/14/94 letter from Rene van Rooyen, UNHCR U.S. representative to Rosemary Melville, INS Acting Asylum Director, on UNHCR's opinion re;asylum eligibility involving nationals of defunct countries. Courtesy of Jeffrey Chase.
Extension of DED for Persian Gulf Evacuees
A 1/5/95, INS cable from T. Alexander Aleinikoff, Executive Associate Commissioner, Programs (INS), regarding the extension of deferred enforced departure and employment authorization for the Persian Gulf evacuees.
INS Final Rule on Rules and Procedures for Asylum or Withholding of Deportation
INS final rule, dated 12/5/94, streamlining the adjudication of asylum applications submitted to the INA with rules and procedures for adjudication of applications for asylum or withholding of deportation and for employment authorization. Effective 1/4/95.
AILA Press Release on New Asylum Regs
AILA press release on asylum regulations released on 12/2/94, stating that its a step forward but will hurt some refugees.