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
USCIS 30-Day Notice and Request for Comment on Proposed Revisions to Form I-602
USCIS 30-day notice and request for comment on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Comments are due 11/15/23. (88 FR 71374, 10/16/23)
USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings
USCIS issued new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by EOIR.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm Due to His Quechua Heritage
The court held that the IJ’s and BIA’s determinations that the petitioner could safely relocate within Ecuador were supported by substantial evidence, where the petitioner had testified that there were perhaps some Ecuadorian states in which he could live safely. (Caz v. Garland, 10/11/23)
USCIS Provides Filing Tips for Affirmative Asylum Applications
USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections.
CA7 Upholds Asylum Denial to Guatemalan Petitioner Who Feared Persecution on Account of Her Mayan Ancestry
The court held that substantial evidence supported the IJ’s determination that the Guatemalan petitioner had failed to establish that the Guatemalan government was unable or unwilling to protect her. (Perez v. Garland, 10/3/23)
Recent Postings
Recent Postings
ICYMI: USCIS Extends Maximum Validity Periods for EADs for Certain Categories
USCIS updated its policy guidance increasing the maximum validity periods for EADs to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance. Guidance is effective as of 9/27/23; comments are due by 10/27/23.
Congressional Leaders Request USCIS Guidance on Cases Terminated by ICE
Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated.
USCIS Invitation to Engagement on Form I-730 Refugee/Asylee Follow-to-Join Processing
USCIS invites stakeholders to a webinar on 11/8/23 to discuss Form I-730 refugee/asylee follow-to-join processing. Questions are due by 9/29/23.
USCIS Answers AILA’s FOIA Request for Asylum Guidance
In April 2019, AILA filed a FOIA request, requesting “copies of all current Refugee, Asylum, and International Operations (RAIO) Directorate training modules.” In September 2023, USCIS provided the following response.
White House Announces New Actions to Increase Border Enforcement and Accelerate Processing for Work Authorizations
The White House announced new measures to enhance border security, including an expansion of FERM, increasing DHS holding and processing capacity, accelerated processing for EADs filed by parolees who scheduled an appointment through CBP One, and more.
AILA Submits Amicus Clarifying that Noncitizens Granted Asylum are Eligible to Seek Discretionary Adjustment
AILA submitted an amicus brief in Cela v. Garland to the Fifth Circuit urging that the petition for panel rehearing or rehearing en banc be granted and clarify that noncitizens granted asylum are eligible to seek discretionary adjustment of status.
CA9 Finds Mexican Petitioner’s Credible Testimony Established Reasonable Fear of Persecution or Torture
Granting the petition for review, the court held that the petitioner’s own credible testimony at the screening stage sufficiently established a reasonable fear of persecution or torture to warrant a hearing before an IJ on the merits of his claims for relief. (Hermosillo v. Garland, 9/14/23)
CA3 Remands Asylum Claim of Honduran Petitioner Who Feared Persecution Based on Her Past Experiences of Abuse and Sexual Violence
The court remanded for the BIA to determine whether the petitioner’s proposed particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. (Avila v. Att’y Gen., 9/14/23)
CA5 Says Business Owners Are Not a Protected Social Group for Purposes of Asylum and Withholding of Removal
Denying the petition for review, the court agreed with the BIA that the petitioners’ proposed social group of “Salvadoran business owners” was not cognizable under the INA, because “business owner” is not an immutable trait. (Munoz-De Zelaya v. Garland, 9/12/23)
Executive Session Minutes
View minutes from Board of Governors executive sessions.
USCIS Issued Reminder that Affirmative Asylum Applicants Must Provide Interpreters Starting September 13
USCIS issued a reminder that affirmative asylum applicants, starting on September 13, 2023, must bring an interpreter to the asylum interview if the applicant is not fluent in English or the applicant wishes to proceed with the interview in a language other than English.
CA5 Upholds Asylum Denial to Former Employee of Ministry of Justice in El Salvador
The court upheld the denial of asylum to the Salvadoran petitioner, rejecting her argument that the BIA’s application of Matter of Fuentes was too broad because it rendered any government employee, even an office worker, ineligible for relief. (Martinez-De Umana v. Garland, 9/8/23)
ICE Invites Stakeholders to September 13, Engagement for Legal Service Providers on FERM
The Family Expedited Removal Management (FERM) program of non-detained credible fear interviews for families is expanding to several new cities. If you are interested in attending the Wednesday, 9/13 engagement, RSVP by Monday, 9/11 at noon (ET).
BIA Says Determining Reasonableness of Respondent’s Failure to Seek Assistance from Authorities Is Fact-Specific Inquiry
The BIA held that, for purposes of asylum and withholding of removal, determining whether the government in the respondent’s native country is or was unable or unwilling to protect the respondent from harm is a fact-specific inquiry. Matter of C–G–T–, 28 I&N Dec. 740 (BIA 2023)
CA9 Holds That Reasonable Fear Screening Proceedings Are Consistent with Statutory Provisions Governing Withholding of Removal
The court followed Alvarado-Herrera v. Garland to hold that the reasonable fear screening procedures established by 8 CFR §§208.31 and 1208.31 are consistent with the statutory provisions governing withholding of removal. (Alonso-Juarez v. Garland, 9/8/23)
CIS Ombudsman Provides Filing Chart for Form I-589
After USCIS published a new edition of Form I-589, the CIS Ombudsman’s Office provided a filing chart with lockbox location for mailed Forms I-589. The notice notes that filing online would allow filers to track the status of the case, send a secure message to USCIS, and respond online to RFEs.
Practice Alert: Electronic Communication Being Sent to Certain EAD-Eligible Asylum Applicants
DHS launches campaign to inform certain quailed noncitizens of potential eligibility to apply for work authorization. Potential qualified noncitizens may have received a text or email message from USCIS with information of the employment authorization application process.
DHS Reaching Out to Work-Eligible Noncitizens Who Have Yet to Apply for EADs
DHS launched a national campaign for noncitizens who are work-eligible but who have not applied for an EAD. Hundreds of thousands of emails and texts have been sent by USCIS in English, Spanish, and Haitian Creole, with additional notifications in Ukrainian and Russian planned in the coming days.
CA4 Upholds Denial of CAT Relief to Former MS-13 Gang Member Who Feared Torture by Gangs and Police in Honduras
The court held that substantial evidence supported the BIA’s and IJ’s conclusion that the petitioner had failed to show that it was more likely than not he would be tortured with the acquiescence of a public official if removed to Honduras. (Ponce-Flores v. Garland, 9/6/23)