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
U.S. and Canada Agree to Final Draft of Safe Third Country Agreement
On 08/30/02, negotiators from the U.S. and Canada initialed a final draft of a Safe Third Country Agreement.
INS Memo Instructs on Child Status Protection Act in Context of Asylum Applications
A 8/7/02 memo from Joseph Langlois, Asylum Division Director (INS) discussing the effects of the Child Status Protection Act (PL 107-208) on derivative asylum applicants.
INS Processing Time Information on Asylee Adjustments
INS Nebraska Service Center, which has sole jurisdiction over asylee adjustments, provides processing times for these cases and advises on the asylee adjustment cut-off date and other related information.
President Delegates Authority Under the Migration and Refugee Assistance Act
Presidential Determination of 7/9/02 providing for a delegation to the Secretary of State of various functions and authorities conferred by Sections 2(d) and 2(f) of the Migration and Refugee Assistance Act of 1962. (67 FR 47437, 7/19/02)
INS General Counsel Opinion Confirms Asylees are Employment Authorized Incident to Status
A 6/17/02 legal opinion memo from Dea Carpenter, Deputy General Counsel (INS) concluding that aliens granted asylum are employment authorized incident to such status, irrespective of the issuance of an EAD.
Certain Asylees Should Provide INS with Current Address
The INS has instructed all asylees who filed adjustment of status applications on or before 6/9/98, and who have not yet received a decision on their adjustment applications, to contact the INS with their current address.
Nebraska Service Center Ombudsman Report (5/6/02)
The NSC Ombudsman has issued an Annual Report summarizing the activities of that function for 2001 (issued 5/6/2002).
AG Reverses LPR Status for Woman Convicted of Killing Child
The BIA held that persons convicted of violent crimes are not eligible for waivers under INA §209(c) except where there are national security or foreign policy concerns, or a clear demonstration that denial will result in exceptional and extremely unusual hardship. (Matter of Jean, 5/2/02)
BIA Defers Removal of Iranian Man Under Article 3 of CAT
The BIA granted deferral of removal under CAT for an Iranian Christian where it was more likely than not that he will be tortured if deported to Iran based on religion, ethnicity, duration of his residence in the U.S., and drug-related convictions. (Matter of G-A-, 5/2/02)
Chief Immigration Judge Describes Case Completion Goals
A 4/26/02 memo from Chief Immigration Judge Creppy addresses case completion goals for the immigration court based on the 1/11/01 Case Completion Goals for the Immigration Courts and the Board of Immigration Appeals, requesting that FY2001 goals be applicable through FY2003.
BIA Issues Policy Change on Untimely Asylum Motions
The BIA is withdrawing in 90 days from its policy of granting, on its own motion under 8 CFR §3.2(a), untimely motions to reopen asylum claims that are based solely on coercive population control policies. (Matter of G-C-L-, 4/10/02)
BIA Denies Asylum to Admitted Member of Mujahedin
The BIA held that the USA PATRIOT Act does not change the standard for determining asylum or withholding of removal — that there is reasonable ground to believe that an alien is engaged in, or is likely to engage in, terrorist activity or is a danger to the U.S. (Matter of U–H–, 4/5/02)
EOIR Lifts Conditional Status for Certain Asylum Grants
In an April 2, 2002, press release, the EOIR announced that it has now granted full asylum to all individuals who received conditional asylum grants based on coercive population control policies on or before December 17, 1999.
BIA Dismisses CAT Claim for Haitian Man
The BIA held that an alien seeking protection under CAT must establish that it is more likely than not that he will be tortured in the country of removal, and that evidence of torture must consist of five elements set forth at 8 CFR §208.18(a). (Matter of J-E-, 3/22/02)
EOIR/AILA Liaison Meeting (3/7/02)
Approved report from the March 7, 2002, AILA/EOIR Liaison Meeting. Topics included coercive family planning policy cases, asylum EAD clock, and issues of misconduct by private practitioners and judges.
AG Says Drug Trafficking Offenses are Presumptively "Particularly Serious"
The Attorney General reversed three BIA decisions and held that drug trafficking offenses presumptively constitute particularly serious crimes under INA 241(b)(3)(B)(ii). (Matter of Y-L-, 3/5/02)
AILF and Dorsey & Whitney File Asylee Adjustment Lawsuit
AILF and Dorsey & Whitney filed a national class action lawsuit challenging the INS's mismanagement of the asylee adjustment process. (Ngwanyia v. Ashcroft, 3/4/02)
INS Issues Asylee Adjustment Processing Advisory for FY2002
In response to pressure from AILF/AIC, INS issued asylee adjustment processing advisory for FY2002.
INS Advisory on Processing of Asylee Adjustments
INS memo setting new procedures for adjudicating asylee adjustments for fiscal year 2002.
INS Fact Sheet on Changes to the Hmong Veterans' Naturalization Act of 2000
INS issued a fact sheet on the Hmong Veterans' Naturalization Act of 2000. On 11/28/01, the filing deadline for benefits was extended by 18 months. The new filing deadline for qualified veterans and their spouses is 5/26/03. The deadline for qualified widows of such veterans is 11/1/03.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
This recently acquired 2001 memo from Bo Cooper, INS General Counsel, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission.
Asylum Division Quality Assurance Referral Sheet
The Quality Assurance Referral Sheet is utilized by Asylum Offices when referring affirmative asylum applications to Asylum HQ and lists the types of cases which require review by Asylum HQ prior to service of a decision.
BIA Upholds Asylum Grant to Nicaraguan Street Child
In nonprecedent decision, the BIA dismissed the appeal of the IJ's grant of asylum based on social group (abandoned street children in Nicaragua) and imputed political opinion. (Matter of B-F-O-, 11/6/01)
Questions & Answers from NSC Liaison Meeting (10/17/01)
The Nebraska Service Center answers AILA's questions on such topics as premium processing and expedites, faxpress, consular returns, H-1Bs, adjustments of status, HRIFA, asylum, I-140s, and reentry permits.
AILA/NSC Liaison Minutes (9/19/01)
Discussions between AILA and the Nebraska Service Center included such topics as premium processing, expedite requests connected with 9/11, forwarding of I-751 cases, I-140 skilled workers, mailroom issues, and I-485s for physicians.