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
Asylum Reform: Five Years Later
The U.S. asylum system today celebrates five years of successfully providing safe refuge for individuals escaping persecution and torture while at the same time reducing the number of non-meritorious claims.
INS Office of General Counsel Memo: Elian Gonzalez
A 1/3/00 memo from Bo Cooper, General Counsel (INS) addressing the case of Elian Gonzalez.
NSC Liaison Minutes (12/20/99)
The minutes of a teleconference between AILA and the INS Nebraska Service Center on 12/20/99 include summaries of discussions of such topics as the reason that NSC will not expedite H-1Bs and the NSC's approach to RFEs.
INS General Counsel List of Resolved Issues
The INS General Counsel has provided a list of 21 issues that have been resolved through AILA liaison. Among other things, various unlawful presence and 245(i) questions are addressed.
Jurisdictional Change Proposed for California Asylum Offices
INS proposed rule would transfer asylum-office jurisdiction over Hawaii and Guam from the San Francisco asylum office to the Los Angeles asylum office. Comments due 2/7/00. (64 FR 68638, 12/8/99)
BIA on Change in Law as Basis for Sua Sponte Reopening
The BIA held that in order for a change in law to qualify as exceptional situation meriting sua sponte reopening or reconsideration, the change must be fundamental in nature and not merely an incremental development. (Matter of G-D-, 11/23/99)
INS Issues Legal Opinion on Readmission of Asylees and Refugees Without Travel Documents
INS’s General Counsel Bo Cooper issued an 11/23/99 memo offering an analysis of the situation for asylees and refugees who leave the United States without appropriate travel documents.
BIA and IJ Have Jurisdiction to Review Denial of 209(c) Waiver
The BIA held that immigration judges and BIA have jurisdiction to adjudicate an alien’s request for a waiver of inadmissibility under to INA §209(c), following INS’s denial of such waiver. (Matter of H-N-, 10/13/99)
Asylum Liaison Meeting with INS Headquarters (8/12/99)
August 30, 1999 letter from AILA member Malea Kiblan to Jeanne Butterfield, AILA Executive Director regarding the Asylum liaison meeting with INS Headquarters that was held on August 12, 1999.
INS Advises on Asylum-Related Issues Raised by AILA
An 8/2/99 memo from Michael Pearson, Executive Associate Commissioner (INS) providing guidance on two asylum-related issues that were raised during a recent liaison meeting with AILA.
BIA on Commencement of Proceedings for VWP Travelers
The BIA held that under 8 CFR §217.4(a)(1), proceedings against an alien who has been refused admission under the Visa Waiver Program and who has applied for asylum must be commenced with a Notice of Referral to Immigration Judge (Form I-863). (Matter of Kanagasundram, 7/29/99)
BIA on MTRs Based on Changed Circumstances
The BIA held that aliens seeking to reopen exclusion proceedings to apply for asylum or withholding based on changed circumstances who meet the general requirements for MTRs need not demonstrate "reasonable cause" for failure to appear. (Matter of A-N- & R-M-N-, 7/23/99)
INS Memo on Amendments to INA by IRFA
A 7/19/99 memo from Michael Pearson, Executive Associate Commissioner advising Regional Directors and Service Center Directors of the addition of sec. 212(a)(2)(G) to the INA by sec. 604 of the International Religious Freedom Act of 1998 (IRFA).
INS Advises on Inadmissibility of Aliens Who Have Engaged in Genocide
A 7/19/99 memo from Michael A. Pearson, Executive Associate Commissioner (INS) relating to the inadmissibility of any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide.
INS Annual Report on Asylees for FY1997
INS annual report on asylees for FY1997.
INS Annual Report on Refugees for FY1997
INS annual report on refugees for FY1997.
INS Annual Report on Legal Immigration for FY1998, No. 2
INS annual report on asylees for FY1998.
BIA Rejects Domestic Violence/Political Opinion Claim
The BIA held that where a victim of domestic violence fails to introduce meaningful evidence that her husband's behavior was influenced by his perception of her opinion, she has not demonstrated harm on account of political opinion or imputed political opinion. (Matter of R-A-, 6/11/99)
INS Advises on Asylee Exception to Unlawful Presence
A 6/8/99 memo from Michael Pearson, Executive Associate Commissioner (INS) outlining the procedures INS will follow to determine whether an alien qualifies for the statutory exception to inadmissibility under 212(a)(9)(B)(iii)(II) of the INA.
EOIR Response AILA Seminar Questions
Responses from EOIR to questions prepared by Royal Berg and Maureen O'Sullivan at the AILA Town Meeting in March 1999. The responses were prepared 6/7/99 by EOIR Acting General Counsel Chuck Adkins-Blanch.
NSC Processing Guidelines
The Nebraska Service Center (NSC) offers the NSC Processing Guidelines in the form of a 100 page booklet. This publication provides information regarding the organization, operation, and procedures at the NSC. Revision 5/18/1999.
EOIR Policy on UN Convention Against Torture
EOIR memo from the Office of the Chief Immigration Judge, dated May 14, 1999, on operating policies and procedures for the implementation of Article 3 of the UN Convention Against Torture.
INS v. Aguirre-Aguirre
Supreme Court ruling on granting cert stating, 'we disagree with the Court of Appeals and address each of the three specific areas in which it found the BIA's analysis deficient. We reverse the judgment of the court and remand for further proceedings.' (INS v. Aguirre-Aguirre, 5/3/99)
INS Memo Implents Adjustment of Status for Certain Iraqi Asylees
A 5/2/99 memo from William Yates, Acting Deputy Executive Associate Commissioner (INS) instructing the field on handling adjustment of status requests for certain Iraqi nationals who were granted asylum after arriving in Guam.
CA9 Remands for Credibility Finding
CA9 finds the facts presented to present a compelling case for asylum, but remands to the BIA for a credibility determination. (Briones v. INS, 4/30/99)