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
BIA on Impact of Counterfeit Identity Document on Claim
The BIA held that an ID document that is found to be counterfeit by forensic experts not only discredits the applicant's claim as to identity and nationality but also indicates an overall lack of credibility. (Matter of O-D-, 1/8/98)
P.L. 105-136
Full text of the bill to amend the Immigration and Nationality Act to authorize appropriations for refugee and entrant assistance for fiscal years 1998 and 1999, signed into law on 12/2/97.
INS Liason Minutes (9/30/97)
Attached are the minutes from the September 30, 1997 INS/AILA Adjudications Liason Meeting. Please note: These are draft minutes reflecting AILA's interpretation of the meeting and have not yet been approved by INS.
BIA Rejects Untimely Motion to Reopen
The BIA held that the respondent's untimely motion to reopen did not fall within the 8 CFR §3.2(c)(3)(ii) exception allowing for reopening out of time in order to apply for asylum based on changed country conditions. (Matter of J-J-, 7/31/97)
BIA Upholds Decision to Deny Asylum and Withholding Due to Robbery Conviction
The BIA dismissed the appeal of the IJ's denial of asylum and withholding, finding that the applicant's conviction for robbery with a deadly weapon was an aggravated felony and a particularly serious crime. (Matter of L-S-J-, 7/29/97)
Langlois Memo on Persecution of an Asylum Applicant's Family Members
A 6/30/97 memo from INS Deputy Director Joseph Langlois clarifing when harm to an asylum applicant's family member constitutes persecution to the applicant.
BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case
The BIA held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus meet the definition of "refugee." (Matter of C-Y-Z-, 6/4/97)
DOS Implements Pub. L. 104-208 Reciprocity Change
DOS final rule implementing 632(b) of Pub. L. 104-208, to authorize the application of the nonimmigrant reciprocity rules to refugees and permanent residents on a reciprocal basis. Also instructs posts to cease issuing Burroughs nonimmigrant visas with indefinite validity. (62 FR 24331, 5/5/97)
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
INS Proposed Rule on Expedited Removal
INS rule proposes to amend INS and EOIR regulations governing the conduct of both expedited and regular removal proceedings, and handling of asylum claims. Comments due by 2/3/97. (62 FR 444, 1/3/97)
EOIR Memo on Notices of Immigration Judge Hearings
EOIR interim operating policy and procedure memorandum 97-2 on procedures for mailing notices of Immigration Judge hearings for in-person hearings, as well as no-detained and detained cases. Also includes procedures for rescheduled or continued hearings.
EOIR Memo on Procedures for Credible Fear and Claimed Status Review
EOIR interim operating policy and procedure memorandum 97-3 on procedures for credible fear and claimed status reviews.
BIA on Post-AEDPA Aggravated Felony as a Particularly Serious Crime
In evaluating an aggravated felony, the standard is whether there is any unusual aspect of the conviction that convincingly evidences that the crime cannot rationally be deemed "particularly serious" in light of Protocol obligations. (Matter of Q-T-M-T-, 12/23/96).
Asylum under IIRAIRA
Q&As prepared by AILA regarding the asylum provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
DOS Letter on INA Section 222(g) and Asylum Claims
DOS correspondence from Visa Office Advisory Opinions Chief Ed Odom advises AILA member Mark Koestler that an alien who applies for asylum but remains beyond the period of stay authorized on the nonimmigrant visa is subject to Section 222(g).
Coercive Family Planning and Asylum
A 10/21/96 memo from David A. Martin, General Counsel (INS) on the impact of coercive family planning policies on grants of asylum. Under IIRAIRA, a person who is forced to undergo such a procedure will be deemed to be persecuted on account of political opinion.
Text of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
Division C of the Commerce/State/Justice appropriations legislation makes profound and far-reaching changes to the Immigration and Nationality Act.
Adjudication of Refugee Relative Petition
A 8/28/96 memo from Michael Aytes, Assistant Commissioner for Benefits Division (INS) directirng the Service Center to implement certain policy changes concerning the adjudication of I-730 refugee relative petitions.
BIA Says Female Genital Mutilation Can Be the Basis for Asylum
The BIA found that the respondent, a member of a social group consisting of young women of the Tchamba-Kunsuntu tribe in Togo, who have not had FGM and who oppose the practice, had a well-founded fear of persecution. (Matter of Kasinga, 6/13/96)
BIA/EOIR Liaison Minutes (5/16/96)
Minutes of May 16, 1996, AILA/BIA/EOIR liaison meeting, topics included new motions and appeals regulations, the appeals processing unit, precedent decisions, and fast tracking asylum cases.
Sexual Orientation and Asylum
A 4/4/96 letter from INS General Counsel David Martin responding to Rep. Barney Frank’s concerns about INS consideration of sexual orientation in asylum cases.
Chief Immigration Judge Memo on Asylum Application Processing
March 15, 1996 memo from the Chief Immigration Judge with operating policies and procedures for asylum request processing.
VSC Advises on Impact of Asylum on NIV Status
A 11/15/95 letter from William R. Yates, Center Director to Alan Lee regarding maintenance of status for nonimmigrants who file for political asylum.
INS Advises on Asylum and NIV Status
An 11/14/95 letter from Yvonne LaFleur, Chief, Nonimmigrant Branch, INS Adjudications, regarding whether an individual who maintains status until the date he files an asylum application is eligible to change nonimmigrant status before a decision has been rendered on asylum.
Lautenberg Impact on Asylum Procedures
A 10/6/95 memorandum from David A. Martin, General Counsel on application of Lautenberg amendment to asylum claims. Courtesy of Daniel Kowalski.