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 Notice on Derivative Refugee Status
INS notice to organizations that assist overseas refugee applicants that the INS will grant derivative refugee status under §207(c)(2) of the INA only to a person who is the spouse or child of a refugee who qualifies for admission under §207(c)(1). (63 FR 43957, 8/17/98)
Amicus Brief in In the Matter of Yahia Meddah
Brief of amici curiae to the BIA, in the Matter of Yahia Meddah and whether under the Convention Against Torture, an individual may be removed to a country where there is substantial grounds for believing that the individual would be in danger of being subjected to torture.
Asylum Officer Training Materials on Filing Deadline
8/98 training manual and lesson plan for INS asylum officers on the one year filing deadline.
INS on Civil Surgeons Designate, Vaccination Requirements
A 7/30/98 memo from Jacquelyn Bednarz, Acting Associate Commissioner (INS) on the designation of additional civil surgeons to facilitate the medical exam required for refugees seeking adjustment of status and clarifying the vaccination requirements for refugees.
June INS Liaison Meeting Minutes
June INS Liaison Meeting Minutes/Procedure for Addressing Service Center Problems/Call for Case Examples on Proposed Asylum Regulations. Courtesy of Beth Lyon.
AILA-INS General Counsel Liaison Meeting (7/10/98)
Highlights of the July 10, 1998, AILA-INS General Counsel Liaison Meeting.
BIA Says Asylum Applicant Was Properly Placed in Exclusion
The BIA held that an applicant for asylum who departed and returned to the U.S. on advance parole was properly placed in exclusion proceedings following the denial of his application for asylum and revocation of his parole. (Matter of G-A-C-, 7/9/98)
CA9 Reverses Earlier Decision on Imputed Political Opinion
On rehearing, the court found that record compels the conclusion that the petitioner's undisputed fear of future persecution by Sendero Luminoso was on account of political opinion imputed to him by the guerillas. (Vera-Valera v. INS, 7/7/98)
EOIR OPPM 98-3 on Motions to Reopen Under NACARA
EOIR issues OPPM 98-3, Regulations Implementing Motions to Reopen for Suspension of Deportation/Cancellation of Removal under NACARA and other NACARA cases, which replaces the June 10, 1998, memo on the same topic.
CA9 Attributes Parents' Firm Resettlement Onto Child
The court held that Petitioner's parents were firmly resettled in France prior to entering the United States in 1991 and attributed the parents' firm resettlement onto Petitioner who lived in France as a child until he was 16. (Vang v. INS, 6/24/98)
EOIR Proposed Rule on Asylum Regulations
EOIR proposed rule on asylum and withholding of removal regulations where an applicant has established past persecution or where the applicant may be able to avoid persecution in his or her home country by relocating to another area of that country. Comments due 7/13/98. (63 FR 31945, 6/11/98)
INS Interim Rule Expanding Direct Mail Filing for Asylee/Refugee Adjustment Applications
INS interim rule requiring refugees and asylees to file their applications for adjustment of status directly with an INS service center for processing. Effective 6/6/98. (63 FR 30105, 6/3/98)
NSC on I-730 Processing Procedures
Nebraska Service Center update on I-730 processing procedures. Each petition must include full supporting documentation of eligibility establishing the family relationship, and one photo of each beneficiary. Outdated forms will be rejected.
EOIR Liaison Meeting Minutes (4/30/98)
EOIR liaison minutes from an April 30, 1998 liaison meeting between AILA and the Executive Office for Immigration Review (EOIR), topics include NACARA/suspension issues, detention and bond, asylum, attorney conduct, and process issues.
INS Memo on Convention Against Torture
A 4/27/98 memo from Joseph Langlois, Deputy Director (INS) providing guidance on procedures and the role of the asylum officer in the Article 3 of the Convention against Torture process.
AILA/Service Center Liaison Q&As (4/23/98)
Q&As from the 4/23/98 teleconference with INS include ASC reservation systems, asylum filing deadlines, and the transfer of naturalization files to the service centers.
BIA Finds Harm Suffered Rose to Persecution in the Aggregate
An alien who suffered repeated beatings and received multiple threats, whose apartment was vandalized, and whose son was degraded and intimidated on account of his Jewish nationality established that he suffered harm which rises to the level of persecution. (Matter of O-Z- & I-Z-, 4/2/98)
INS HQ Liaison, 3/19/98
Draft minutes of March 19, 1998, INS Headquarters liaison meeting.
BIA Upholds Denial of Asylum Where Corroborating Evidence Was Reasonably Available
The BIA held that an alien who did not provide evidence to corroborate his identity, nationality, claim of persecution, and other relevant claims, where it was reasonable to expect such evidence, failed to meet the burden of proof for asylum. (Matter of M-D-, 3/13/98)
OCIJ on One-Year Filing Limitation for Asylum Applications
Office of the Chief Immigration Judge (OCIJ) memo, dated 3/13/98, announcing that on 4/1/98, the one-year filing limitation in section 208(a)(2)(B) of the INA will become effective for asylum applications filed after that date.
INS/AILA Teleconference, 2/24/98
INS/AILA Teleconference Minutes from February 24, 1998.
BIA Upholds Denial of Asylum Claim Based on Fear of Shining Path
The BIA held that the reasonableness of an alien's fear is reduced when his family remains in his native country unharmed for a long period after his departure and upheld the denial where DOS evidence indicated the Shining Path operates in only a few areas of Peru. (Matter of A-E-M-, 2/20/98)
BIA Says Asylum Burden Requires More Than General Testimony
The BIA held that an asylum applicant does not meet the burden of proof by general and meager testimony and that the weaker an applicant's testimony, the greater the need for corroborative evidence. (Matter of Y-B-, 2/19/98).
BIA on Credibility and Demeanor
The BIA held that because an IJ is in the unique position to observe the testimony of the alien, a credibility finding which is supported by a reasonable adverse inference drawn from the alien's demeanor generally should be accorded a high degree of deference. (Matter of A-S-, 2/19/98)
INS Final Rule on Procedures for Filing Form I-730 for Derivatives
INS final rule providing guidelines and procedures for filing a derivative petition (Form I-730) for a spouse and unmarried children of a refugee/asylee. (63 FR 3792, 1/27/98)