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
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.
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)
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.
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.
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.