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
CA2 Remands Asylum Claim of Ukrainian Petitioner After Finding That Agency’s Adverse Credibility Determination Relied on Legal Error
The court held that the IJ’s adverse credibility finding was not supported by substantial evidence and that the IJ unjustifiably refused to allow the petitioner to present readily available witness testimony, thereby depriving him of a full and fair hearing. (Malets v. Garland, 4/14/23)
Policy Brief: H.R. 1325, Asylum Seeker Work Authorization Act of 2023
AILA, Immigrant Legal Advocacy Project, American Business Immigration Coalition, and Asylum Seeker Advocacy Project provide a summary and analysis of H.R. 1325, Asylum Seeker Work Authorization Act of 2023.
Statistics from April 2023 USCIS Terrorism-Related Inadmissibility Grounds Stakeholder Meeting
Statistics provided by USCIS during an in-person USCIS/stakeholder meeting regarding Terrorism-Related Inadmissibility Grounds (TRIG) issues, including TRIG exemptions granted and denied.
The Safe Third Country Agreement Should Be Ended, not Expanded
AILA Asylum and Protection Committee member Randall Chamberlain highlights the harm the recent renewal of the U.S - Canada “Safe Third Country Agreement“ will cause, writing “the expanded treaty will force thousands of refugees underground and…lead to many more deaths of people fleeing f
Protective Standards Aren’t Enough, Congress Needs to Cut Detention Funding
AILA's Jen Whitlock recently visited an immigration detention facility and left knowing that the harm caused, despite protective standards, is unacceptable. She urges everyone to tell Congress to significantly reduce detention funding for ICE and explicitly prohibit funding for family detention.
CA1 Finds BIA Did Not Err in Determining That Petitioner’s Brazilian Conviction Rendered Him Ineligible for Asylum and Other Relief
The court held that substantial evidence supported the BIA’s determination that the petitioner’s Brazilian conviction, which carried a sentence of more than seven years, constituted both an aggravated felony and a particularly serious crime. (Andrade-Prado, Jr. v. Garland, 4/4/23)
USCIS Responds to AILA Letter about Form I-730
On 4/4/23, USCIS responded to a letter AILA sent with recommendations and a request for a meeting on Form I-730.
USCIS to Allow Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday
USCIS announced that petitioners (or their representatives) for Special Immigrant Juvenile (SIJ) classification nearing age 21 may now schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person.
Legal Representation for Immigrants Protects Their Rights
AILA DEI Law Student Scholarship winner Melissa McElroy describes how “immigrants with or without status are at an enormous disadvantage when they face immigration proceedings without an attorney“ and how state and federal legislation aims to expand legal representation programs.
Final Rule Extending Application of U.S.-Canada Safe Third Country Agreement to Individuals who Cross between Official POEs
Final rule to extend the application of the 2002 Safe Third Country Agreement between the U.S. and Canada to individuals who cross between official POEs, pursuant to the Additional Protocol of 2022 negotiated by the U.S. and Canada. The final rule is effective on 3/25/23. (88 FR 18227, 3/28/23)
AILA and the Council Submit Comments on Circumvention of Lawful Pathways Proposed Rule
AILA and the American Immigration Council submitted comments in response to a DHS/DOJ proposed rulemaking notice, Circumvention of Lawful Pathways, urging the Biden Administration to “remain true to its commitment to asylum law and humanitarian protections.”
Practice Pointer: IJs Should Not Be Offering Expedited Trial Dates and Stopping EAD Clocks on That Basis
The EOIR Liaison Committee provides practice guidance from its February 2023 meeting with EOIR that IJs should not be asking if asylum applicants want an expedited trial date and that the EAD clock should not be stopped if the applicant refuses.
Why Finding Your Pro Bono Opportunity Can Help YOU
AILA's Practice and Professionalism Center highlights a few recent “Pro Bono High Fives,“ featuring AILA members, to inspire and encourage others to use their legal expertise to change lives, and maybe have some fun too!
Fourth Extension of Effective Date of USCIS Temporary Final Rule on Interpreters at Asylum Interviews
USCIS extension of the effective date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was set to expire on 3/16/23, through 9/12/23. (88 FR 16372, 3/17/23)
Free and Freeing: AILA’s Law Student Membership
AILA member Marisabel Alonso encourages all current law students interested in immigration law to take advantage of the many benefits of AILA's free law student membership and how those benefits can help them during law school and beyond as they become practitioners.
AILA and Partners Send Letter Urging End to the Asylum EAD Clock
AILA and partner organizations urge USCIS and EOIR to eliminate the “asylum clock” for EADs, calling on the agencies to engage in rulemaking and remove the language from 8 CFR § 208.7(a)(2) that established the need to account for applicant-caused delays through an asylum clock.
Research on Country Conditions for Lawyers Representing Central America Asylum Seekers
The Annotated Table of Contents Project, a collaboration between Temple University Beasley School of Law and the Washington Office on Latin America, aims to provide asylum lawyers with detailed and compelling country conditions information to support their asylum applications.
An Under-Resourced Obama-Era Refugee and Parole Program Could Be A Safe and Legal Pathway Too
Linda Evarts and Jen Whitlock urge the Biden Administration to review the Obama-era Central American Minors (CAM) parole program as it expands the use of parole to other populations, noting the lack of resources and attention to the implementation of the program has kept families separated.
Practice Pointer: Changing Client Addresses for Asylum Applications Filed Online
USCIS now allows online filing of Form I-589 via the myUSCIS portal. This practice pointer offers some possible solutions for the post-filing challenge of changing a client’s address on a pending I-589 filed online.
USCIS Responds to AILA Regarding Improving Asylum EAD Efficiencies
USCIS issued a response to 12/12/22 letter from AILA with recommendations to improve asylum EAD efficiencies. USCIS stated that it is working to improve internal processes to reduce application processing times and has allocated funds for overtime work while also focusing on hiring staff.
DHS and DOJ Proposed Rule to Establish an Asylum “Transit Ban”
DHS and DOJ proposed rule to establish 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 11704, 2/23/23)
Practice Brief: The Proposed Asylum Transit Ban Creates Access to Asylum in Name Only
AILA issues this initial response to the proposed regulation “Circumvention of Lawful Pathways.” This proposed regulation adds unnecessary complexity to the asylum process that will become insurmountable barriers to asylum, especially to those who do not have legal counsel.
AILA and the Council Submit Comments on the Delay of the Effective Date on Security Bars and Processing Notice
AILA and the American Immigration Council submitted comments in response to the Notice of Proposed Rulemaking: Security Bars and Processing: Delay of Effective Date, urging the Biden Administration to rescind the Final Rule in its entirety.
AILA Condemns Biden Administration’s Push to Use “Transit Ban” Against Vulnerable Asylum Seekers
AILA urged the Biden Administration to change course and stop the effort to establish a “transit ban” against vulnerable asylum seekers, calling the NPRM the administration unveiled today unworkable and a violation of U.S. asylum law.
CA9 Says Petitioner Was Required to File Separate Cross-Appeal to Challenge IJ’s Alternative Order on Merits of His Claims
The court held that BIA permissibly declined to consider petitioner’s challenges to IJ’s alternative denial of withholding of removal and protection under the Convention Against Torture (CAT) because he did not file a cross-appeal of that determination. (Lopez Hernandez v. Garland, 2/16/23)