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
CA6 Defers to BIA’s Ultimate Factual Finding That Salvadoran Government Was Able to Protect Petitioners from MS-13 Gang
The court held that the BIA did not err in interpreting and applying the asylum and withholding of removal statutes to conclude that petitioners had not shown that the Salvadoran government was unable or unwilling to control the MS-13 gang. (Rodriguez de Palucho, et al. v. Garland, 9/9/22)
USCIS Releases Revised Editions of Forms I-589 and I-765
USCIS released revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, dated 07/26/22. Effective November 7, 2022, USCIS will only accept the 07/26/22 editions of these forms.
Completing Form I-589
This video addresses common questions and mistakes about Form I-589, such as how much detail to put in the substantive questions, the need to enter something in every field or it will get rejected, what to do if you don't know the exact date, etc.
Speaker: Ilana Greenstein.
Practice Alert: Filing Form G-1593 to Appear Remotely at Asylum or NACARA Interviews
Effective immediately, USCIS Asylum Offices will require attorneys to submit Form G-1593 if they would like to appear remotely at asylum or NACARA interviews.
CA9 Finds BIA Erred in Concluding There Were Serious Reasons to Believe Petitioner Committed Serious Nonpolitical Crime
The court held that substantial evidence did not support the BIA’s determination that the Salvadoran petitioner was ineligible for withholding of removal based on the serious nonpolitical crime bar pursuant to INA §241(b)(3)(B)(iii). (Gonzalez-Castillo v. Garland, 8/31/22)
New Documentary Exposes the Realities of Life in Afghanistan for Women
Inspired by a new documentary about the issue, AILA member Mona Shah and co-authors Sarah Salarano and Shaun Chaudhry describe the terrible situation facing women and girls in Afghanistan and urge all of us to become informed and to take action.
CA9 Finds BIA Erred in Holding That Earlier Adverse Credibility Finding Barred Petitioner’s Motion to Reopen
The court held that the BIA erred in concluding that the IJ’s prior adverse credibility finding barred the petitioner’s motion to reopen and rendered his new evidence regarding changed country conditions for Sikhs in India immaterial. (Singh v. Garland, 8/30/22)
CA1 Says BIA Erred by Excluding Petitioner’s New Evidence Challenging Foundational Premise of IJ’s Adverse Credibility Finding
The court held that, in denying the petitioner's motion to remand, the BIA erred by excluding petitioner’s new evidence—namely, a psychologist’s report that explained how her post-traumatic stress disorder (PTSD) affected her ability to recount her abuse. (Rivera-Medrano v. Garland, 8/26/22)
DOJ Issues Memo on the Asylum Procedures Rule
DOJ issued guidance to adjudicators on the interim final rule entitled “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.” Guidance is effective 8/26/22.
Cascading Errors of a Wrong Address
AILA Practice and Policy Counsel Amy Grenier highlights the due process concerns that arise when CBP enters incorrect addresses for vulnerable migrants, sending vital paperwork astray and undermining the migrants' chances to successfully request asylum and protection.
AILA and Partners Send Letter to Secretary Mayorkas on Unlawful Trashing of Turbans and Religious Freedom Violations
AILA and partners sent a letter urging Secretary Mayorkas to take immediate action regarding CBP’s confiscation and disposal of migrants’ personal belongings, including religious articles of faith, and CBP’s denial of meals to migrants that comply with their religious beliefs.
CA7 Finds BIA Erred in Denying Motion to Reopen Based on Changed Conditions in Ethiopia Without Full Evidentiary Hearing
The court held that BIA abused its discretion in denying petitioner’s motion to reopen based on changed country conditions in Ethiopia without a full evidentiary hearing addressing his citizenship and its materiality to his risk of torture. (Menghistab v. Garland, 6/21/22, amended 8/17/22)
Practice Alert: Rejections of Form I-765 by Lockbox and Texas Service Center
AILA National has received various reports of rejections of Form I-765 for c8 and c9 categories. Many of these rejections appear to be a result of pages from two different edition dates in a single filing. AILA recommends that members review the edition date on all form pages prior to filing.
Afghan Allies Still Waiting for America’s Help One Year Later
As we recognize the one-year anniversary of Kabul's fall, Mahsa Khanbabai, Parastoo Zahedi, and Spojmie Nasiri highlight efforts of the AILA Afghan Taskforce and why the Afghan Adjustment Act is so important for the U.S. to live up to its promises to protect our allies.
AILA and Partners Send Letter on the Asylum Processing Rule
AILA and partners sent a letter to DHS, USCIS, and DOJ with recommendations on the Asylum Processing Rule implementation process and a request for a dedicated meeting to discuss this letter and recommendations with the relevant agencies and officials as soon as possible.
Why We’re Celebrating the Senate’s Passage of Legislation Without Immigration
AILA's Greg Chen describes the Senate passage of the budget reconciliation bill and the fight against the many anti-immigrant amendments offered.
You’d Think the Threat of Death Would Be Enough
In this blog post, AILA President Jeremy McKinney describes a recent win for his client in the Fourth Circuit Court of Appeals that will help protect asylum seekers and how this case only emphasizes why we need an independent immigration court, free from politicization.
USCIS Provides Information on Form I-589 Intake and Processing Delays
USCIS is experiencing delays in issuing receipts for Form I-589. For purposes of the asylum one-year filing deadline, affirmative asylum interview scheduling priorities, and EAD eligibility, the filing date will still be the date USCIS received the I-589 and not the date it was processed.
CA9 Rejects Asylum Applicant’s Claim of Extraordinary Circumstances Based on His Alleged “Incapacity or Legal Disability”
The court rejected petitioner’s argument that a delay in filing his asylum application was justified by extraordinary circumstances due to his youth, language barrier, ignorance of the legal requirement to file his application within a year, and stress. (Martinez Alquijay v. Garland, 7/27/22)
Washington, DC Chapter: USCIS Stakeholder Engagement Meeting Minutes (7/27/22)
Notes from Washington, D.C., Chapter’s stakeholder engagement meeting with USCIS’s Arlington Asylum Office on 7/27/22.
CA5 Remands Asylum Claim After Finding Purported Inconsistencies in Angolan Petitioner’s Testimony Were Not Actually Inconsistent
The court held that the IJ’s adverse credibility finding relied heavily on an unsupported conclusion that petitioner was not a credible witness, and thus that the adverse credibility finding was not supported by specific and cogent reasons derived from the record. (Ndudzi v. Garland, 7/22/22)
AILA and Partners Call on Biden Administration to End MPP Following Supreme Court Decision
In light of the SCOTUS ruling in Biden v. Texas, immigrant and refugee rights organizations and service providers sent a letter urging the Administration to take immediate action to wind down the Migrant Protection Protocols (MPP) and redress the harm suffered by those subjected to it.
Abuse in ICE Detention Continues and So Does the Funding for It
AILA Policy Counsel Jen Whitlock describes the reports and examples of harmful, unnecessary, and wasteful ICE detention and urges readers to take action and tell Congress to reduce ICE detention bed funding for Fiscal Year 2023.
Civil Society Organizations Urge Congress to Not Codify Title 42 Border Expulsions in Spending Bills
AILA joined civil society organizations in urging House leaders to not include amendments that would legislatively codify and indefinitely prolong Title 42 border expulsions in any FY2023 spending bills that receive a vote on the House floor.
CA6 Grants Motion for Stay to Dominican Petitioner with Strong Showing of Irreparable Harm
Where the parties agreed that petitioner would likely be tortured if removed to the Dominican Republic, the court granted the motion for a stay, finding that his arguments presented a sufficient likelihood of success to weigh in favor of granting a stay. (Rondon Antonio v. Garland, 6/29/22)