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
CDC Provides Public Health Determination and Order on Termination of Title 42
On 4/1/22, CDC released an order to terminate its Title 42 public health order on 5/23/22. The document assesses the current state of the COVID-19 pandemic, provides legal considerations, and describes plans for DHS to mitigate COVID-19 and resume use of Title 8. (87 FR 19941, 4/6/22)
CBP Releases Statement on Termination of Title 42
CBP issued a statement on the termination of Title 42, affirming that the agency will return to use of Title 8 once the order is terminated. The statement indicates that there will also be increased use of technology, on-ground monitoring, drones, and additional personnel to supplement BP agents.
CA8 Upholds Asylum Denial to Mexican Petitioner Whose Husband Disappeared While Fighting Organized Crime
The court held that the BIA did not err in determining that the Mexican petitioner, whose husband had disappeared while serving as a commander of a local auto-defense group that fought organized crime in their hometown, was not entitled to asylum. (Barrera Arreguin, et al. v. Garland, 4/4/22)
CA8 Upholds Denial of CAT Relief to Brothers Who Were Charged with Fraud in Bolivia and Had Warrants for Their Arrest
The court held that the IJ’s adverse credibility determination was supported by substantial evidence, and that petitioners had failed to show that their business partner was targeted for torture while in custody in Bolivia or that they would be as well. (Paredes Gonzales v. Garland, 4/1/22)
Ending Title 42 Finally on the Horizon
AILA welcomes the announcement from the Biden Administration that the use of Title 42, a public health law, to expel vulnerable migrants at our border will finally end on May 23, 2022. AILA Executive Director Ben Johnson noted, “This day has been far too long in coming.”
DHS Releases Statement on CDC’s Title 42 Order Termination
DHS released a statement in response to the CDC determination that it will, effective May 23, 2022, terminate its Title 42 public health order. DHS will continue to expel single adults and families at the Southwest border until that date and then return to processing individuals pursuant to Title 8.
CA8 Says That BIA Did Not Err in Declining to Address IJ’s Adverse Credibility Finding as to Somalian Petitioner
Denying the petition for review, the court held that the BIA correctly determined that the IJ’s decision included an alternative determination that the petitioner’s claims for Convention Against Torture (CAT) relief would fail even if his testimony were believed. (Jama v. Garland, 3/30/22)
CA10 Remands Petitioner’s Asylum Claims After Finding Extensive Evidence of Widespread Violence Against Transgender Women in Honduras
The court held that the BIA erred in rejecting petitioner’s asylum claim based on a fear of future persecution, finding that any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras. (Gonzalez Aguilar v. Garland, 3/29/22)
DHS and DOJ Interim Final Rule on Asylum Processing
DHS and DOJ interim final rule (IFR) on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22, and comments will be accepted until 5/31/22. (87 FR 18078, 3/29/22)
IRAP Provides Central American Minors (CAM) Program Re-Parole Resources
IRAP provided information and sample templates for attorneys assisting CAM parolees in seeking re-parole. Last summer, the government began accepting applications for CAM re-parole from all CAM parolees, even if their CAM parole period has already ended and they are currently out of status.
HHS Notice of Expansion of Eligibility Period for Refugee Cash and Medical Assistance
HHS notice of the expansion of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 8 months to 12 months for participants whose date of eligibility for Office of Refugee Resettlement (ORR) benefits is on or after 10/1/21. (87 FR 17312, 3/28/22)
USCIS Provides Al Otro Lado Class Action Notice of Preliminary Injunction
USCIS provided information about the preliminary injunction orders issued in Al Otro Lado v. Mayorkas. The PI prohibits the U.S. government from applying the “third-country transit rule” to people subject to “metering” before the rule took effect on July 16, 2019.
Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law
AILA and the Council responded to today’s release of an interim final rule related to asylum procedures with deep concern, noting that “the tight deadlines and rapid scheduling of hearings” will undoubtedly curtail due process and interfere with the ability to obtain legal representation.
Asylum Cases on INA §209(c) Waiver Cases
This issue-specific page lists published asylum cases that relate to INA §209(c) waiver cases. The page includes published federal court and BIA cases. Special thanks to AILA member R. Mark Frey.
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
Third Extension of Effective Date of USCIS Temporary Final Rule on Interpreters at Asylum Interviews
USCIS temporary final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was set to expire on 3/16/22, through 3/16/23. (87 FR 14757, 3/16/22)
CA3 Upholds Denial of Asylum to MS-13 Gang Member from El Salvador
The court held that substantial evidence supported BIA’s affirmance of IJ’s denial of asylum based on the finding that petitioner’s testimony was not credible, and that petitioner’s due process rights were not violated during his removal proceedings. (Hernandez Garmendia v. Garland, 3/16/22)
HIAS Flyer on Next Steps Following an Asylum Grant
HIAS provides a flyer you can share with clients to inform them of steps they may take after receiving an asylum grant, including applying for benefits, obtaining additional documents, applying for asylum for family members, and applying for permanent residency.
Highlighting Inequities: How the U.S. Treats Refugees Varies Widely
AILA Board of Governors member Ally Bolour calls our attention to the disparate treatment of refugees and asylum seekers, comparing the recent experiences of Ukraine, Afghanistan, and Haiti and urging us all to “end the discriminatory treatment of refugees.“
CA5 Finds That Petitioner Was Not Entitled to Reopening and Termination of His Removal Order Based on Pereira v. Sessions
The court held that its precedent foreclosed petitioner’s challenge to the BIA’s denial of his first motion to reopen, where the petitioner claimed that his Notice to Appear (NTA) was defective because it did not include the time or date of his removal hearing. (Garcia v. Garland, 3/14/22)
CBP Issues Memo on Title 42 Exceptions for Ukrainian Nationals
On 3/11/22, CBP issued a memo to its Office of Field Operations stating that noncitizens in possession of a valid Ukrainian passport or other valid Ukrainian identity document, and absent national security or public safety risk factors, may be considered for exception from Title 42.
BIA Remands Case to IJ to Determine Whether Respondent Filed Frivolous Asylum Application
BIA held that when DHS raises mandatory bar for filing frivolous asylum application, IJ must make sufficient findings of fact and conclusions of law on whether requirements for frivolousness determination under Matter of Y-L- have been met. Matter of M-M-A- 28 I&N Dec. 494 (BIA 2022)
AILA’s Asylum & Refugee Committee Sends Letter to RAIO with Data & Statistics Publication Request
The Asylum & Refugee Committee sent a letter to the Refugee, Asylum, and International Operations (RAIO) Directorate encouraging the regular publication of certain asylum and refugee processing data to assist attorneys and their clients.
AILA and Partners Send Letter Urging President Biden to End Title 42 Policy
AILA and partners called on President Biden to immediately end the Title 42 policy, stop defending this illegal and inhumane policy in court, restore meaningful access to asylum at U.S. borders, and welcome with dignity the families and individuals seeking protection in the United States.
AILA and Partners Submit Amicus Brief on Protection for Transgender Women
AILA and partners submitted a brief in Matter of Alor Reyes arguing the narrow reading of the nexus requirement ignores realities for transgender women in Mexico, the Mexican government is unwilling and unable to protect transgender women, and the BIA should reverse the IJ’s decision.