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
Practicing Law in TV Land
AILA member Tony Drago describes the impact of using video rather than in-person hearings, writing that while “In 2022, EOIR issued guidance to immigration judges on the use of virtual hearings, but far more clear guidance and standards are needed to ensure fairness.“
DHS and DOJ Final Rule Establishing an Asylum “Transit Ban”
DHS and DOJ final rule establishing a rebuttable presumption of asylum ineligibility for certain noncitizens who enter at the southwest border without documentation and traveled through a country that is a signatory to the 1951 Refugee Convention or its 1967 Protocol. (88 FR 31314, 5/16/23)
CA3 Finds Government May Have Improperly Placed Petitioner Who Initially Entered Through VWP in Asylum-Only Proceedings
The court held that if petitioner did not waive defenses to removal at his last entry, then DHS improperly sought to terminate his asylum status in asylum-only proceedings based on his initial application for entry through the VWP. (Kosh Ishmael v. Att’y Gen., 5/11/23, amended 5/15/23)
Organizations Sue Biden Administration over Asylum Transit Ban
The ACLU, ACLU of Northern California, CGRS, and NIJC filed a complaint challenging the asylum transit ban in the U.S. District Court for the Northern District of California.
CA1 Vacates BIA’s Denial of Asylum to Guatemalan Petitioner Who Supported the LIDER Political Party
The court found that the BIA’s conclusion—namely, that since the petitioner had left Guatemala in January 2015, fundamental changes to the conditions there had negated the objective basis for his particular fear—was not supported by substantial evidence. (Mendez Esteban v. Garland, 5/11/23)
The Bill Left by Title 42 is Due. With Interest.
Amy Grenier explains how the use of Title 42 to effectively end asylum at the southern border allowed two administrations to essentially put border management on a bureaucratic credit card, allowing Congress to ignore its obligations to pass real, holistic and meaningful reform.
USCIS Releases Credible Fear Procedures Manual Due to FOIA Lawsuit
AILA member David Cleveland shared USCIS’s Credible Fears Procedures Manual released due to a FOIA lawsuit.
Biden Administration’s Asylum Transit Ban Will Undermine U.S. Humanitarian Law and Harm Vulnerable Asylum Seekers
AILA renews its opposition to the Biden Administration’s harmful “Circumventing Lawful Pathways” regulation which functionally bans access to asylum for many vulnerable people; AILA President Jeremy McKinney called the rule an unacceptable “departure from our laws and values.”
Practice Alert: Filing for Asylum-Pending EADs Before Obtaining a Receipt Notice
At a recent meeting with AILA, USCIS clarified that if they cannot verify that an I-589 is pending as of the date of the EAD adjudication, the EAD application will be denied, and the asylum seeker will have to refile the I-765 application.
Practice Alert: Asylee and Refugee-Based I-485 Physical Presence Documentation
The AILA Asylum & Refugee committee provides guidance on physical presence documentation in an asylee and refugee-based adjustment of status application.
Practice Alert: Preliminary Details on Re-Parole Process for Afghan Evacuees
A recent news report has provided important details regarding an anticipated re-parole process for Afghan nationals who arrived in the U.S. via Operation Allies Welcome.
CA6 Remands Asylum Claim of Honduran Petitioner After Finding BIA’s Analysis of Two of Her Proposed Social Groups Was Flawed
The court held that the BIA’s decision with respect to two of the petitioner’s proposed social groups—namely, “rural landowners or farmers” and “single mothers living without male protection”—was not supported by substantial evidence. (Turcios-Flores v. Garland, 5/5/23)
USCIS Will Provide Documents After Notice of Immigration Judge and BIA Decisions about Immigration Status
USCIS announced that it will affirmatively create and provide documented evidence of status to certain new asylees and lawful permanent residents upon receiving notification that an immigration judge or the BIA has granted status.
Looking into the Crystal Ball: What Do We Expect With the End of Title 42?
Amy Grenier, Jennifer Whitlock, and Taylor Levy share their insights into what the end of Title 42 is expected to bring, urging the Biden administration to protect vulnerable asylum seekers by ensuring meaningful access to asylum and legal counsel under both international and national asylum law.
Impact of U.S. Immigration Policy on Indigenous Peoples and Tribes
AILA DEI Scholarship winner Alejandro Alvarado describes how U.S. immigration policy affects Indian Tribes and Indigenous Peoples, particularly “indigenous mobility, family separation, and border security.“
Practice Pointer: Fixing Erroneous Addresses
A practice pointer on what to do when your organization’s address is erroneously used on immigration documents, or when you suspect this happened to your client.
CA8 Finds Guatemalan Petitioner’s Proposed Social Group of “Witnesses Who Cooperate with Law Enforcement” Lacked Social Distinction
The court held that the BIA did not err in concluding that the petitioner’s proposed social group—“witnesses who cooperate with law enforcement”—was not socially distinct, and that the petitioner was thus ineligible for asylum and withholding of removal. (Oxlaj v. Garland, 5/3/23)
CA1 Upholds Denial of Asylum to Guatemalan Petitioner Who Supported the FCN Political Party
The court held that substantial evidence supported BIA’s conclusion that the Guatemalan petitioner, a member of the FCN political party, had not shown that he suffered past persecution due to his political opinion or that he would suffer future persecution. (Santos Garcia v. Garland, 4/28/23)
DHS Fact Sheet: U.S. Government Announces Sweeping Actions to Manage Regional Migration
DHS issued a fact sheet after unveiling comprehensive measures to address regional migration. The document highlights strategic actions aimed at managing and responding to challenges associated with migration in the region.
Practice Alert: Reminder to Use Latest Version of Form I-589
AILA reminds members that beginning May 1, you must use the latest version of the Form I-589, Application for Asylum and for Withholding of Removal. Always check USCIS’s website for the latest information.
CA4 Upholds CAT Denial to Bisexual Man and Former Gang Member Petitioner from Jamaica
The court found that petitioner, a bisexual man and former gang member, had not shown the requisite likelihood that he would be tortured if returned to his home country of Jamaica, and thus upheld the agency’s denial of his Convention Against Torture (CAT) claim. (Kerr v. Garland, 4/24/23)
Practice Alert: Key Takeaways on the Credible Fear Interviews in Customs and Border Protection Custody
AILA provides a practice alert regarding DHS changes to how and when credible fear interviews occur for individuals processed under Title 8 expedited removal.
The Impact of Immigration Attorneys on the Big Screen: “LAS ABOGADAS”
AILA member Careen Shannon writes about her role as executive producer of the new Las Abogadas documentary, writing that she hopes the film is “a new way to educate people about our country's fractured immigration system, while simultaneously sharing some stories of hope and redemption.“
ICYMI: DHS and DOJ Issue Corrections to Final Rule Expanding U.S.-Canada Safe Third Country Agreement
DHS and DOJ issued corrections to the final rule at 88 FR 18227 extending the application of the 2002 Safe Third Country Agreement between the U.S. and Canada to individuals who cross between official POEs. (88 FR 23329, 4/17/23)
Practice Alert: Central American Minors Refugee and Parole Program: Enhancements as of April 11, 2023
IRAP provides a summary of the Central American Minors (CAM) refugee and parole program, including new eligibility to parents and guardians with asylum and T visa applications or U visa petitions pending since April 11, 2023.