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
Understanding the 5 Grounds of Asylum
A brief look at the five grounds of asylum: race, religion, nationality, political opinion, membership in a particular social group.
Speaker: Johanna Kelley
Six Tips to Prepare for Direct Examination in an Asylum Hearing
How to organize and prepare for direct examination in court.
Speaker: Johanna Kelley
Private Actors in Asylum Claims Post-Matter of A-B-
This video discusses particular social groups in asylum claims, with a specific focus on Matter of A-B- and private actors.
Speaker: Evangeline Abriel
The Serious Flaw in the Biden Administration’s New Border Asylum Adjudication System
In this blog post, three AILA law professor members dive into the impact of rushed timelines as the Biden administration attempts to streamline the asylum process at the border, but which may make it impossible for asylum seekers to provide corroborating evidence of persecution within the deadlines.
Practice Alert: Afghan Asylum Applicants Reporting Delayed Receipt of Interview Notices and Shortage of Qualified Interpreters
AILA's Afghan Task Force advises on recent delays in receiving asylum interview appointment notices and the growing need for Afghan asylum applicants to bring their own interpreter.
Featured Issue: Migrant Protection Protocols (MPP)
Follow this page for more updates on the Migrant Protection Protocols (MPP). AILA will update this page on the winddown as they become available.
Presidential Determination on Refugee Admissions for FY2023
President Biden issued a determination on 9/27/22, setting the refugee admissions ceiling for FY2023 at 125,000. The determination also provides regional ceilings. (87 FR 60547, 10/6/22)
Washington, D.C., Chapter: USCIS Asylum Division’s Quarterly Engagement and Listening Session (10/6/22)
Script and talking points from Washington, D.C., Chapter’s quarterly engagement and listening session with USCIS’s Asylum Division on 10/6/22.
Helping Afghan Evacuees Takes Persistence
AILA member Jennifer Atkinson describes the way people came together to help one family from Afghanistan after a six-year-old boy was shot and injured at the airport during the evacuations last year; his family recently safely arrived in the U.S. and his story shows how important passing the Afghan
CA5 Upholds Denial of Asylum Where IJ Found Salvadoran Petitioner Made Inconsistent Statements Regarding Her Abuse
The court upheld BIA’s affirmance of the IJ’s adverse credibility finding, which was based on the IJ’s finding that petitioner’s account of the severity and frequency of her abuse had changed between her credible fear interview and her hearing testimony. (Cordero-Chavez v. Garland, 10/4/22)
Members of Congress Send Letter to DHS Urging Quick Disenrollment of People from MPP
Members of Congress led by Representative Meeks sent a letter to DHS requesting it to quickly disenroll the remaining individuals from MPP and allow all eligible asylum seekers to return immediately to continue their court proceedings in the United States.
Practice Alert: Updates on Employment Authorization Documents (EADs) under Category (c)(8)
AILA provides a practice alert with updates on how to file an initial (c)(8) EAD application. Beginning on 11/7/22, only the 7/26/22 edition of Form I-765 will be accepted.
Featured Issue: Interstate Transport of Migrants and Erroneous Addresses
This page includes background information and resources on the internal transportation of migrants from one state to another, including busing between states and the flying of migrants to Martha’s Vineyard. It also discusses the distinct but overlapping issue of erroneous addresses on documents.
CA9 Holds That BIA Erred by Failing to Assess Salvadoran Petitioner’s Aggregate Risk of Torture
The court held that the BIA erred by failing to adequately consider the petitioner’s aggregate risk of torture from multiple sources, and found that the BIA also erred in rejecting the petitioner’s expert testimony. (Velasquez-Samayoa v. Garland, 6/24/22, amended 9/23/22)
AILA Member Talking Points about Asylum Seekers and Other Migrants Being Used as Pawns by Texas, Arizona, and Florida
As media covers the transport of asylum seekers and other migrants to other localities by governors in Texas, Arizona, and Florida, AILA provides talking points for members to use when responding to press inquiries. If you would like further assistance, please email commsteam@aila.org.
DHS Final Rule Implementing AsylumWorks Vacatur
DHS final rule implementing the district court’s vacatur in AsylumWorks v. Mayorkas of the Trump administration’s “Timeline Repeal” rule and “Broader Asylum EAD” rule. The effective date of the rule is 2/7/22, which was the date of the court’s vacatur. (87 FR 57795, 9/22/22)
How to Interview a Client for an Asylum Declaration in a Removal Defense Case
In a removal case, what are the best practices for interviewing a client for an asylum declaration?
Speaker: Evangeline Abriel
Lodging an Asylum Application at Immigration Court Without a Hearing
Forms that need to go with this filing in a basic case; how to deliver the form to the court; what you will receive back from the court administrator.
Speaker: Johanna Kelley
AILA and Partners Sends Letter to Biden on Central American Minors (CAM) Refugee and Parole Program
AILA and partners sent a letter to President Biden requesting improvements to the CAM Program so that it can deliver on its promise as a pathway to safety and family reunification and continue to take steps to ensure robust asylum processing at the border for children fleeing violence.
CA5 Upholds BIA’s Asylum Denial to Petitioner Who Was Beaten by Members of India’s Ruling Political Party
The court upheld the BIA’s denial of petitioner’s asylum claim, finding that the two beatings and subsequent injuries the petitioner had suffered at the hands of the Bharatiya Janata Party (BJP), India’s ruling political party, did not constitute past persecution. (Kumar v. Garland, 9/21/22)
USCIS Updates Guidance on Certain EAD Provisions for Asylum Applicants
As of 2/8/22, USCIS has stopped applying the Timeline Repeal Rule and Asylum EAD Rule. Effective 11/7/22, USCIS will only accept Forms I-765 and I-589 with edition date 7/26/22. On 9/21/22, DHS published a final rule implementing the AsylumWorks vacatur, with an effective date of 2/8/22.
Remain in Mexico Is Alive and Well: Current Disenrollment Process Harms Vulnerable Asylum Seekers
AILA and the National Immigration Law Center provide this policy brief to share available information about the Remain in Mexico disenrollment process and elevate operational issues of concern.
Asylum Seekers File Complaint against Gov. DeSantis after Being Flown to Martha's Vineyard
A group of Venezuelan asylum seekers filed a complaint in a district court against FL Governor DeSantis and FL state government entities for defrauding them and transporting them to Martha's Vineyard to advance a political motive. (Alianza Americas, et al. v. DeSantis, et al., 9/20/22)
USCIS Releases Updated Information on Rosario Class Action
USCIS stated that following the February 7, 2022, court decision in Asylumworks v. Mayorkas, USCIS must process all initial EAD applications from asylum applicants within 30 days. Given certain conditions regarding Form I-765, some applicants may be considered Rosario class members.
AILA and Partners Submit Recommendations to Fix Erroneous Addresses on Asylum Seekers’ Documents
AILA and coalition partners submitted a recommendation letter to the administration on fixing the issue of nonprofit addresses appearing on asylum seekers’ paperwork in lieu of a residential address.