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 Gender-Based Asylum
INS proposed regulation would address definitions of "persecution", "social group", and persecution "on account of" a protected characteristic, focusing principally on gender-based issues in light of Matter of R-A-. (65 FR 76588, 12/7/00)
INS Press Release on Proposed Rule Issued for Gender-Based Asylum Claims
The Attorney General and the Commissioner of INS announced the publication of regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group.
INS Final Regulation on Asylum Due to IIRIRA Provisions
INS final rule implementing provisions of IIRIRA on asylum claims, including past persecution, the possibility of relocation within the home country, and discretion where past persecution has been established but there may not be a well-founded fear of future persecution. (65 FR 76121, 12/6/00)
Asylum Q&A From INS
The INS publishes questions & answers regarding asylum regulation on past persecution and relocation within a country.
Questions & Answers from Nebraska Service Center
NSC answers questions from AILA's 11/2/00 liaison committee on such topics as RFEs, petitions returned by consulates, asylee I-485s, EAD issues, application of 245(c)(8) after the filing of an adjustment application, and I-140 successorship cases.
INS FAQ on Naturalization Process for Hmongs
A 8/21/00 INS FAQ outlining procedures for naturalization for certain refugees from Laos who are exempt from the English language requirement and are eligible for special consideration for civics testing.
INS HQ Provides Written Answers to Liaison Questions
Discussions included such topics as concurrent I-140/I-485 filings; I-485s for spouses acquired after AOS filing; I-140 expedites; H-2B regulations; operation of the AAO; NACARA application jurisdiction; and optional practical training for master's students.
Revised OPPM on Asylum Request Processing
Revised Operating Policy and Procedures Memorandum 00-01 issued by EOIR Chief Immigration Judge Michael Creppy, providing guidance on asylum request processing. Supersedes OPPM 00-01 issued 3/22/00.
EOIR Press Release on Conditional Asylum Status for Certain FY99 Grants
EOIR press release concerning the eligibility of those granted conditional asylum for persecution or fear of persecution based on coercive population control policies for all asylum benefits. This applies to grants between October 1, 1998 and March 18, 1999.
CSC Liaison Minutes (8/1/00)
Discussions with CSC, supplementing written Qs&As, included such topics as NACARA & TPS email inquiries; processing of I-130s, I-140s, I-485s, N-400s, I-360s, and Os and Ps; EB-11s for athletes; and fingerprints for adjustments.
Jurisdiction Over Asylum Applications in Hawaii and Guam Shift from San Francisco Asylum Office to Los Angeles
INS news release, stating that effective July 24, 2000, asylum office jurisdiction over the state of Hawaii and the territory of Guam will transfer from the San Francisco asylum office to the Los Angeles asylum office.
BIA Finds Liberal Muslim Woman Eligible for Asylum
The BIA held that a woman with liberal Muslim beliefs had suffered past persecution and has a well-founded fear of future persecution at the hands of her father who holds orthodox Muslim views concerning the role of women in Moroccan society. (Matter of S-A-, 6/27/00)
Asylum Jurisdiction for Hawaii and Guam Changed
INS final rule transferring jurisdiction over Hawaii and Guam asylum cases to the Los Angeles asylum office from San Francisco, effective 7/24/00. (65 FR 39071, 6/23/00)
HHS Changes Definition of Asylee Entry Date
HHS has determined that asylees' period of eligibility for refugee assistance and services will begin to run on the date that they are granted asylum, rather than the date they entered the U.S., as has been the past rule.
CA11 Elian Gonzalez Decision (corrected version)
Court upholds INS's policy decision to reject Cuban child's purported asylum applications. (Gonzalez v. Reno, 6/1/00)
AILA Letter to Congress Regarding H-1B and Other Immigration Issues
Letter sent by AILA to Congress outlining the need for NACARA, registry and 245(i), in addition to more H-1Bs this year.
Refugee Admission and Adjustment Procedures
INS memo discussing procedures for refugee travel packets, I-730 refugee/asylum relative petitions, as well as adjustment of status and naturalization for refugees.
BIA Says CAT Requires Government Acquiescence
The BIA held that under Article 3 of the CAT, an applicant for protection must establish that the torture feared would be inflicted by or with the acquiescence of a public official or other person acting in an official capacity. (Matter of S-V-, 5/9/00)
INS General Counsel on ABC Reinstatements of Orders
A 4/27/00 memo from Bo Cooper, General Counsel (INS) stating that asylum officers have been ordered to suspend interviews in ABC or NACARA cases where they find an issue of reinstatement of a previous removal order under 245(a)(5), pending review by General Counsel.
INS Adjudications Divison Advises on Current Projects
Thomas Cook, INS' Assistant Commisioner, Benefits, has provided AILA with information regarding some of the Adjudications Division's current projects and rulemakings.
INS Finalizes Regulation on Adjustment of Status for Certain Polish and Hungarian Parolees
INS finalizes with minor changes the interim regulation of 5/23/97, relating to adjustment of status for nationals of Hungary and Poland who were paroled into the U.S. between 11/1/89 and 12/31/91 after being denied refugee status. (65 FR 20069, 4/14/00)
Asylum Request Memo from the OCIJ
Memo issued from the Office of the Chief Immigration Judge providing guidance on policy and procedures for asylum request processing. Supersedes OPPM 96-1 and draft OPPM 97-4.
EOIR/AILA Liaison Minutes (3/30/00)
Minutes from the AILA/EOIR Liaison Meeting on 3/30/00. Topics include difference between "in re" and "matter of", repapering initiatives, temporary Board members, update on the appeal streaming regulations, instructions on updating attorney address or withdrawing representation, and oral arguments.
New Deadline Begins for Family Members of Some Asylees and Refugees
INS issued a reminder that after February 28, 2000, any person obtaining asylum or refugee status will have a two-year deadline to petition INS in order for their spouse or minor children also to derive asylum or refugee status.
INS Issues Reminder for Haitians Eligible for HRIFA Benefits
INS News Release reminds Haitian principal applicants eligible to file for benefits under the Haitian Refugee Immigration Fairness Act (HRIFA) that the closing date for filing an application is March 31, 2000.