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
Report of 8/15/01 Liaison Teleconference with NSC
Discussions between AILA and the INS Nebraska Service Center include such topics as ensuring that materials are matched with files, updating files sent to the NVC, dates on receipts for 245(i) filings, and the frontlog for receipt preparation.
Outline of INS Asylum Program
A 6/01 INS outline describing recent changes in the asylum office, and providing data regarding caseload and applications handled.
INS Memo on Confidentiality of Asylum Applications
The 6/21/01 memo by Bo Cooper (INS Gen. Counsel) entitled "Confidentiality of Asylum Applications and Overseas Verification of Documents and Application Information," gives guidance to INS overseas personnel conducting verification of documents and facts contained in asylum applications.
INS Answers Congressman Conyers' Questions
INS answers questions posed by Congressman Conyers following a subcommittee hearing on 5/21/01 regarding oversight of INS, including questions on backlog reduction, civil rights training, profiling, 245(i) funds, asylee adjustment, overdue reports to Congress, and CIPRIS.
INS Memo on Confidentiality of Asylum Applications
INS provided a memorandum that discusses the confidentiality requirements that apply to information contained in or pertaining to asylum applications and gives guidance to INS overseas personnel conducting verification of documents and facts contained in asylum applications.
Conditional Status Lifted For Certain Asylum Grants
INS Press Release announces that EOIR and INS lift conditional status for certain FY 2000 asylum grants based on coercive population control policies.
INS Addresses Adjustment of Certain Syrians
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner instructing the field on adjustment of status of certain Jewish nationals of Syria who have been granted asylum.
Adjustment of Status for Certain Syrian Nationals
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner (INS) providing eligibility information and adjudication policy guidance for the implementation of P.L. 106-378, which pertains to the adjustment of certain Syrian nationals arriving after 12/31/91.
INS Fact Sheet on Syrian Adjustment Act
INS Fact Sheet on the Syrian Adjustment Act (P.L. 106-378), which allows up to 2,000 eligible Syrian nationals who were previously granted asylum in the U.S. to obtain permanent residency independent of the annual statutory limit.
INS Interim Rule on Adjustment of Status for Certain Syrian Nationals
INS interim rule, effective 5/17/01, discusses eligibility requirements/application procedures that apply for adjustment of status, for certain Syrian nationals granted asylum, as provided by Public Law 106-378. Submit comments before 7/16/01. (66 FR 27445, 5/17/01)
HHS Says Asylees/Refugees Don't Need INS EAD
INS now considers asylees to enjoy permanent employment authorization as part of their refugee status. Asylees are now eligible for unrestricted social security cards that can be presented to their employer as proof of employment eligibility.
Asylum Program Data
INS summary of current asylum data. Attachments chart asylum information on: workload, applications filed, leading nationalities, interviews conducted, cases completed, cases pending, affirmative application by gender, and NACARA statistics.
AILA Congressional Testimony on U.S. Immigration System
Testimony by Warren R. Leiden on behalf of AILA before the Senate Immigration Subcommittee on "U.S. Immigration Policy: An Overview."
EOIR Liaison Minutes (3/22/01)
Liaison discussions from 3/22/01 with EOIR included such topics as NTA filings and procedures, video hearings, "affirmance without opinion" decisions, continuations pending I-130 adjudication, and referrals of affirmative asylum applications.
180 Day Asylum Clock Matrix Draft
180 Day Clock Matrix for Post-January 4, 1995 asylum cases indicates how INS works the clock. Text identifies situations where the asylum office policy is to make reasonable accomodations. INS maintains that the KLOK error rate is minimal.
INS Training Materials on Asylum 1-Year Deadline
INS training materials for Asylum Officers regarding the one-year filing deadline for asylum applications.
EOIR Answers Asylum Questions (3/13/01)
At a 3/13/01 Asylum liaison meeting, EOIR addressed issues regarding status and erroneous stopping of the clock. It also addressed the effect of Convention Against Torture (CAT) claims on the clock.
Asylum Cases Requiring Referral to HQ
INS Asylum Office 'Quality Assurance Referral Sheet' contains a list of the types of cases that are required to be reviewed by INS Headquarters before a decision on the asylum application can be reached.
INS to Institute Procedures to Call Asylum Applicants
A 2/23/01 memo from Joseph Langlois, Director (INS) instructing asylum office directors to develop procedures that will insure the confidentiality of asylum applicants. The local Asylum Offices are to call applicants by number, rather than name, when they appear.
Memo Implements LIFE Reinstatement Provision
A 2/22/01 memo from Joseph Langlois, Director (INS) clarifying that persons granted NACARA section 203 relief are not barred by 241(a)(5) reinstatement from pursuing asylum claims.
AILA/CLE Program Q&A NSC
At a Seattle CLE program, NSC provided written answers on issues including the Faxpress system, fingerprinting, documentation of H-1B equivalencies, license requirements for H-1Bs, documenting corporate relationships for L-1s, and asylum adjustment number allocations.
John Ashcroft's Replies to Immigration Questions
Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee, including questions on INS restructuring, expedited removal, due process, domestic violence-based persecution, worksite enforcement, and mail order brides.
Attorney General Vacates Matter of R-A-
On her last day in office, the Attorney General vacated Matter of R-A- and remanded it to the BIA to reconsider its decision after the 12/7/00 regulations are finalized. (Matter of R-A-, vacated 1/19/01)
INS Implements New Credible Fear Process
A 12/8/00 memo from Joseph Langlois, Acting Director (INS) regarding new procedures for the expedited removal credible fear process. (Note that the draft manual referenced as being attached was not released to AILA, and thus is not available.)
INS Q&A on Matter of R-A- Regulations
The INS issues Q&As on its recent regulatory proposals on gender-based persecution claims and Matter of R-A-.