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
Practice Alert: Affirmative Asylum Filing Receipt Delays
The AILA Asylum & Refugee Committee issues this practice alert with updates regarding the affirmative asylum filing receipt delays.
AILA Offers Border Solutions Ahead of First Immigration-Related Hearing in the 118th Congress
AILA addresses Congress and urges it to take swift action to update our nation’s immigration system at the border and beyond in advance of a House Judiciary Committee hearing on the southern border.
CA9 Says BIA Erred in Finding Petitioner Who Was Perceived to Be a Lesbian in Guatemala Had Not Suffered Past Persecution
The court held that the BIA erred in finding that the harm suffered by the petitioner—who was verbally and physically harassed and received death threats because her community in Guatemala perceived her to be a lesbian—did not rise to the level of persecution. (Antonio v. Garland, 1/26/23)
DOJ Press Release: Attorneys and Associate Plead Guilty to Participating in Asylum Fraud Scheme
The U.S. Attorney for the Southern District of New York announced that two immigration attorneys and a writer pled guilty to conspiring to commit immigration fraud by preparing fraudulent asylum applications and affidavits and coaching clients to lie under oath during immigration proceedings.
CA3 Finds BIA Erred in Denying Withholding and CAT Relief to Indigenous Petitioner from Guatemala Who Feared Persecution by Gang
Vacating the BIA’s denial of withholding of removal and Convention Against Torture (CAT) relief, the court held that the BIA erred in finding that the Guatemalan petitioner did not experience past persecution by a local gang due to his indigenous identity. (Saban-Cach v. Att’y Gen., 1/25/23)
CA8 Finds That “Witnesses Who Cooperate with Law Enforcement” Is Not a PSG
The court held that the BIA and IJ did not err in finding that the Guatemalan petitioner had failed to demonstrate that “witnesses who cooperate with law enforcement” constituted a particular social group (PSG) for purposes of asylum eligibility. (Lemus-Coronado v. Garland, 1/23/23)
USCIS Announces that Certain Asylum Applicants Can Now File Form I-765 Online
USCIS announced that, effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants, and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online.
Asylum Seekers File Class Action Lawsuit Challenging ICE’s Disclosure of Confidential Information in Data Breach
The plaintiffs, asylum seekers who had been detained in ICE custody, filed a class action lawsuit in federal district court alleging that the defendants unlawfully published their private data to ICE’s website. (Asylum Seekers Trying to Assure Their Safety v. Johnson, et al., 1/20/23)
Practice Alert: Issues with Online Filing of Form I-589 - Resolved
USCIS responded to all glitches reported and no further reports have been received at this time. Online filing continues to be encouraged.
Additional Information Relating to Data Breach from ICE
ICE invited stakeholders to an engagement session to discuss its response to the inadvertent disclosure of PII of approximately 6,000 individuals in the credible fear process. As a supplement to that engagement, this additional information was circulated to stakeholders.
DOS Announces New Private Refugee Sponsorship Program
DOS, in collaboration with the Department of Health and Human Services, announced the Welcome Corps, a new private sponsorship program that will enable Americans to directly sponsor refugees arriving through the U.S. Refugee Admissions Program.
AILA’s Asylum & Refugee National Committee Requests a Meeting on I-730 Adjudications
The AILA Asylum & Refugee National Committee sent a letter to USCIS requesting a meeting on I-730 adjudications to discuss issues and recommendations and to provide questions.
ICE Provides FAQs on the Unintentional Disclosures of PII
ICE issued FAQs after unintentionally posting personally identifiable information, along with immigration information, of approximately 6,000 noncitizens in ICE custody. DHS also communicated to Cuba 103 names of individuals previously provided for removal processing were part of the ICE disclosure.
AILA Sends Letter to President Biden Regarding the Proposed New Transit Ban
AILA sent a letter to President Biden expressing concerns in response to an announcement that the Administration would issue a notice of proposed rulemaking that would include a transit ban.
CA1 Upholds IJ’s Denial of Withholding of Removal to Petitioner Who Feared Gang Violence in El Salvador
The court found that the IJ did not err by concurring with an asylum officer’s determination that the petitioner, who claimed that he feared violence from gangs in El Salvador, did not have a reasonable fear of persecution or torture. (Reyes-Ramos v. Garland, 1/13/23)
Practice Pointer: Title 42 and Asylum Processing at the Southern Border
This practice pointer provides a baseline understanding of Title 42 to aid in screening potential clients effectively for implications stemming from how the client crossed the southern border.
CA9 Upholds Asylum Denial to Sikh Petitioner with Mann Party Affiliation in India
The court held that substantial evidence supported the BIA’s conclusion that the harm petitioner suffered in India did not amount to past torture, and that he failed to show he would more likely than not face a clear probability of future torture. (Singh v. Garland, 9/14/22, amended 1/12/23)
EOIR Responds to AILA’s FOIA Request Regarding Matter of A-B-
EOIR provided various documents in response to AILA’s FOIA request concerning Matter of A-B-.
T Nonimmigrant Visas: An Opportunity to Provide a Path Forward
AILA members Helen Tarokic and Jesse Bless describe the current status of the T nonimmigrant visa, created by Congress to protect trafficking victims, noting that given recent updates to the USCIS Policy Manual more asylum and U-visa applicants may be eligible for this often-overlooked visa.
Supreme Court Grants Emergency Request to Keep Title 42
In a 5-4 vote in Arizona, et al. v. Mayorkas, et al., the Supreme Court granted an emergency request by 19 Republican state AGs who sought to intervene in defense of Title 42. This kept in place a Trump-era immigration policy allowing asylum-seekers to be quickly turned away.
AILA and Partners Send Letter Urging Human Rights, Humanitarian Protection, and Access to Asylum to Be Center of Upcoming North American Leaders’ Summ
AILA and partners sent a letter to U.S., Canadian, and Mexican Administrations urging them to center human rights, humanitarian protection, and access to asylum for individuals fleeing persecution in discussions regarding regional migration at the upcoming North American Leaders’ Summit.
CA7 Finds IJ’s Adverse Credibility Determination Was Supported by Findings Tied to Substantial Record Evidence
The court upheld the IJ’s adverse credibility finding as to the Bangladeshi petitioner, concluding that although some of the IJ’s conclusions lacked evidentiary support, on the whole, the decision was supported by findings that had a credible basis in the record. (Porosh v. Garland, 1/5/23)
DHS Announces New Border Enforcement Measures
DHS announced several new border enforcement measures in anticipation of the end of Title 42, including a new parole process for Cubans, Haitians, and Nicaraguans, a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, and more.
Biden Administration Expands Legal Pathways with Parole Strategy but Deeply Erodes U.S. Commitment to Asylum Protection
AILA responds to an announcement from President Biden that expands humanitarian parole programs for migrants from Nicaragua, Cuba, and Haiti but severely restricts asylum access, including expanding Title 42, to migrants from those countries.
Fourth Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR interim final rule further delaying until 12/31/24 the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20). Comments on the extension of the delay as well as the possibility of a further extension are due 2/27/23. (87 FR 79789, 12/28/22)