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
CA5 Finds Asylum Applicant Failed to Show That Haitian Government Was Unable or Unwilling to Protect Him
The court held that substantial evidence supported the IJ’s and BIA’s conclusions that the Haitian government was not unable or unwilling to protect the petitioner, a voodoo priest who had experienced several violent attacks against him and his family members. (Bertrand v. Garland, 6/3/22)
USCIS to Host Asylum Program Quarterly Stakeholder Engagement
USCIS will host its asylum program quarterly stakeholder engagement on June 29, 2022, from 2:00 to 3:00 pm (ET). USCIS will share updates on the asylum program and then hold a question-and-answer session for stakeholders to share feedback, questions, and comments.
EOIR Updates Part II of the Policy Manual
EOIR updated chapters 7.1 and 7.4 of the policy manual, and added chapter 7.6 to update procedures for credible fear screening and consideration of asylum, withholding of removal, and CAT protection claims by asylum officers.
IRAP Practice Advisory: USCIS’s New Refugee-Asylee Informal Marriage Guidance
Under new guidance, USCIS will recognize an informal marriage when a refugee/asylee could not lawfully marry due to their flight from persecution or because of restrictive laws or practices in their country of origin or country of first asylum. This IRAP practice advisory explains this guidance.
Practice Pointer: Completing the I-765 for Asylum Seekers after Asylumworks
AILA provides a practice pointer that clarifies how asylum applicants should fill out their Employment Authorization Document (EAD) in light of the Asylumworks v. Mayorkas decision.
Tracking Changes to the EOIR Policy Manual
Use this page to track changes to the EOIR Policy Manual. On June 3, 2022, EOIR revised chapters 7.1 and 7.4 and added chapter 7.6 to update procedures for credible fear screening and consideration of asylum, withholding of removal, and CAT protection claims by asylum officers.
Efforts to Restore Asylum at the Border Hobbled by the Courts and Congress
AILA Policy and Practice Counsel Amy Grenier shares insights on where things stand with Title 42, and the new interim final rule on asylum and credible fear, noting that “both face challenges before the federal courts and Congress.“
CA5 Upholds IJ’s Denial of Asylum to Salvadoran Petitioner After Finding Remand Would Be Futile
The court held that, although the IJ’s analysis was cursory, it nonetheless must be upheld because remand would be futile, where under circuit precedent the IJ would be forced on remand to conclude that the petitioner’s social groups were not cognizable. (Lopez-Perez v. Garland, 6/1/22)
CA8 Finds BIA Did Not Err in Finding Petitioner’s New Asylum Claim Was Not Factually Independent of Prior Asylum Claim
The court denied the petition for review and vacated the stay of removal, concluding that the BIA did not abuse its discretion in denying the petitioner’s third motion to reopen based on his failure to demonstrate prima facie eligibility for relief. (Li v. Garland, 5/27/22)
AILA and the Council Submit Comments on Credible Fear Screening and Asylum Processing IFR
AILA and the American Immigration Council submitted comments on an interim final rule, urging them to address due process and fairness issues that emphasize speed over accuracy, considered decision-making of protection claims by asylum seekers, and to withdraw a proposed expedited timeframe.
Detention Ombudsman Reports 52% of Complaints Were About Living Conditions
AILA Policy Counsel Jen Whitlock writes about the Office of the Immigration Detention Ombudsman (OIDO) including the office's history, the data it has shared so far, and some key questions that remain; she urges everyone to use AILA's advocacy tool to tell Congress immigration detention is inhumane
With A Gun To Their Head
In this video blog post, AILA Law Student Member Nathan Hall describes why he decided to dig into the issue of the “serious nonpolitical crime“ bar and its impact on asylum seekers when he wrote his piece for the April 2022 edition of the AILA Law Journal.
Fast Tracking Asylum at the Border will Undermine Due Process
In this blog post, AILA's Amy Grenier walks through the significant due process concerns that have been expressed about the Interim Final Rule on asylum processing from the Biden administration and why having sufficient time, to seek counsel and pull together a substantive claim, is so important.
DHS 60-Day Notice and Request for Comments on New MPP Disenrollment Request System
DHS 60-day notice and request for comment on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 7/22/22. (87 FR 31254, 5/23/22)
CBP Issues Guidance on Processing of Noncitizens Manifesting Fear of Expulsion Under Title 42
CBP issued a memo that clarifies previous guidance implementing the CDC Order to ensure that it is consistent with Huisha Huisha v. Mayorkas decision, which found that the government may expel family units but only to places where they are “not likely to be persecuted or tortured.”
CBP Clarifies Guidance Regarding Expulsion of Family Units Under Title 42
CBP clarified previous guidance on how noncitizens should be screened to determine if they are more likely than not to be persecuted or tortured, stating that CBP should consider all available information within their scope and includes a non-exhaustive list of manifestations of fear.
DHS Provides Privacy Impact Assessment on the MPP Case Request System
DHS provided a PIA on the MPP Case Request System, which individuals can use to review their enrollment in MPP if they believe they should not be included in the program. The PIA analyzes privacy risks associated with the collection of personally identifiable information as part of this effort.
USCIS Announces Availability of New EAD Automatic Extension Calculator
Following the USCIS temporary final rule increasing the automatic extension period for EADs, USCIS created the EAD Automatic Extension Calculator to assist employers and employees with determining the EAD expiration date for eligible employees.
AILA President Allen Orr: Pause on Title 42 Rollback Unsurprising; the Fight Continues
Allen Orr responded to the preliminary injunction keeping Title 42 in place as a border expulsion policy noting, “We are disappointed but in no way surprised by this decision…we will overcome this decision and ensure America’s compassion and commitment to fairness and justice prevail.”
DHS Provides Statement on Louisiana District Court Ruling on Title 42
In response to the Louisiana District Court ruling on Title 42, DHS will continue to enforce Title 42, and increase personnel and resources as needed. DHS has redeployed more than 600 additional law enforcement officers to the border and established a Southwest Border Coordination Center.
CA4 Vacates District Court’s Injunction Mandating Procedural Requirements for INA §236(a) Bond Hearings
The court vacated the district court’s preliminary injunction ordering that the government must prove by clear and convincing evidence that a noncitizen is either a flight risk or a danger to the community to continue detention under INA §236(a). (Miranda v. Garland, 5/12/22, amended 5/19/22)
AILA Asylum & Refugee Committee Requests Guidance from DHS on Asylum Applications Processing after the Doyle Memo
The AILA Asylum & Refugee Committee sent a letter to DHS requesting guidance on how the agency will process affirmative asylum applications where the noncitizen had their immigration court removal case terminated under the Doyle memo.
CA5 Finds BIA’s Affirmance of IJ’s Credibility Determination as to Cameroonian Petitioner Was Not Supported by Record
The court held that BIA erred by affirming the IJ’s credibility determination, where the IJ relied on petitioner’s CBP and asylum credible fear interviews that were not entered into the hearing record of the removal proceeding or raised in that hearing at all. (Nkenglefac v. Garland, 5/18/22)
CA9 Remands Asylum Claim for Clear Explanation of BIA’s Nexus Determination After Finding There Was Past Persecution
Remanding the petitioner’s asylum claim, the court held that the harm the petitioner had suffered in Cameroon—including physical injury, specific death threats, and evidence of the country’s political and societal turmoil—compelled a finding of past persecution. (Fon v. Garland, 5/18/22)
DOS Provides Guidance for Ukraine Nationals
DOS provided updated guidance for nationals of Ukraine seeking to enter or entering the United States. The guidance clarifies information on the Uniting for Ukraine program, nonimmigrant visas, immigrant visas, humanitarian parole, refugee status, and more.