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
USCIS's RAIO Updates Guidance on Informal Marriages for Derivative Refugee and Asylee Status
RAIO issued guidance, effective immediately, recognizing that a spousal relationship may exist for the purpose of obtaining derivative refugee or asylee status if there is evidence of an informal marriage. Guidance applies to adjudication of pending or newly filed Forms I-589, I-590, and I-730 only.
TRAC Reports on the Impact of the Pandemic on Immigration Court Case Completion
TRAC released a report on the continuing impact of the pandemic on immigration case completion, finding fewer case completions, and that the average time required to dispose of each case has doubled since the pandemic began. The report includes updates on the asylum backlog, new filings, and more.
CA9 Declines to Rehear Vasquez-Rodriguez v. Garland En Banc
The court issued an order denying the rehearing en banc of Vasquez-Rodriguez v. Garland, in which the court remanded for the BIA to consider in the first instance the petitioner’s social group claim based on his perceived gang membership. (Vasquez-Rodriguez v. Garland, 2/10/22)
CA9 Upholds Denial of Motion to Reopen After Finding That Pereira Was Inapplicable to Petitioner’s Removal Proceeding
The court held that, in light of the ruling in Pereira v. Sessions, the BIA did not abuse its discretion in denying the petitioner’s motion to reopen and remand based on claimed jurisdictional defects in his charging documents. (Tzompantzi-Salazar v. Garland, 2/9/22, amended 4/21/22)
CA9 Upholds Denial of CAT Relief to Mexican Petitioner Who Had Previously Been Removed Three Times
The court held that substantial evidence supported the BIA’s and IJ’s adverse credibility determination, and that the petitioner failed to carry his burden to succeed on his claim for deferral of removal under the Convention Against Torture (CAT). (Ruiz-Colmenares v. Garland, 2/9/22)
CA2 Finds BIA’s Denial of Asylum to Nigerian Petitioner Was Permeated with Legal and Procedural Errors
Vacating the denial of asylum, the court held that the BIA applied the wrong legal standard to petitioner’s claim of changed circumstances in Nigeria, and that the agency’s alternative discretionary determination failed to examine the totality of the circumstances. (Ojo v. Garland, 2/9/22)
Biden Is Failing on His Campaign Promise to End Private Immigration Detention
In this blog post, AILA Policy Counsel Jen Whitlock describes how President Biden has failed to fulfill his campaign promise to end the use of private prisons and why AILA and our partners will continue to push for these inhumane practices to end.
CA1 Reverses BIA’s Denial of Asylum to Petitioner Who Alleged She Had Been Raped in Guatemala
The court held that the BIA and IJ erred in failing to provide the petitioner with an opportunity to either produce corroborating evidence as to her claim that she had been raped as a child in Guatemala, or to explain why she reasonably could not. (Ixcuna-Garcia v. Garland, 2/8/22)
District Court Vacates Two Trump Administration Asylum EAD Rules
A federal district court vacated the final rules “Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications” and “Asylum Application, Interview, and Employment Authorization for Applicants.” (AsylumWorks v. Mayorkas, 2/7/22)
Presidential Determination on Unexpected Urgent Refugee and Migration Needs
On 2/1/22, President Biden directed the Secretary of State to submit a determination to Congress for assistance of up to $1.2 billion from the United States Emergency Refugee and Migration Assistance Fund to support Operation Allies Welcome and related efforts. (87 FR 6759, 2/7/22)
CA8 Holds That Christian Chinese Petitioner Failed to Show Past Persecution or Well-Founded Fear of Future Persecution
Upholding the denial of asylum, the court concluded that substantial evidence supported the BIA’s finding that the Christian Chinese petitioner had failed to establish past persecution or a well-founded fear of future persecution on account of his religious beliefs. (He v. Garland, 2/4/22)
CA4 Finds That Guatemalan Petitioner Was Persecuted on Account of His Family Ties
The court held that the BIA erred in finding that the petitioner lacked a reasonable fear of persecution or torture, that the agency incorrectly applied the statutory nexus requirement, and that petitioner was persecuted on account of a protected ground. (Tomas-Ramos v. Garland, 2/2/22)
Practice Resource: Fraudulent Document Standard and Matter of O–M–O–
The Asylum & Refugee National Committee provides a practice resource, following the BIA’s recent holding that IJs may determine a document to be fraudulent without relying on forensic analysis or other expert testimony, on how practitioners should prepare to present evidence and prepare clients.
Four Years of Profound Change: Immigration Policy during the Trump Presidency
The Migration Policy Institute provides an overview of policies at different points during the Trump Administration, chronicling the immigration actions, large and small, that President Donald Trump and his Administration took from January 20, 2017, through January 20, 2021.
CA5 Finds Proposed PSG of Honduran Women Unable to Leave Domestic Relationship Was Not Cognizable
The court concluded that the BIA did not abuse its discretion in holding that the petitioner’s proposed particular social group (PSG)— “Honduran women who are unable to leave their domestic relationships”—was not legally cognizable. (Jaco v. Garland, 10/27/21, amended 1/26/22)
AILA Meeting with USCIS Refugee, Asylum, and International Operations (RAIO) Directorate (1/5/22)
AILA shares the official Q&As from the National Asylum & Refugee Committee's meeting with the USCIS Refugee, Asylum, and International Operations Directorate (RAIO) leadership.
CA9 Declines to Rehear Velasquez-Gaspar v. Garland En Banc
The court issued an order denying the rehearing en banc of Velasquez-Gaspar v. Garland, in which the court upheld the BIA’s conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Garland, 1/25/22)
CA7 Upholds Asylum Denial to Christian Chinese Petitioner Who Acknowledged Discrepancies in Her Asylum Application
The court held that the record supported the IJ’s and BIA’s conclusion that the Chinese Christian petitioner did not meet her burden of establishing her eligibility for asylum given the discrepancies in her testimony and the lack of corroborative evidence. (Dai v. Garland, 1/24/22)
USCIS Provides Information on New Processing Location for Form I-730 Filed for Following-to-Join Refugees
USCIS will transition the processing of Form I-730 for following-to-join refugees to the new Form I-730 Processing Unit at the Asylum Vetting Center in Atlanta. USCIS provided background information on this decision.
Practice Alert: In-Person Asylum Interviews Return But COVID-19 Precautions Continue
USCIS updated its website to reflect that USCIS asylum offices may need to reschedule interviews based on local conditions. When not otherwise rescheduled, social distancing and safety guidelines continue to be followed as detailed on the USCIS website.
EOIR Invites Stakeholders to Online Screening of Model Hearing Program
As part of the Access EOIR initiative, EOIR invites stakeholders to an online viewing session of its Model Hearing Program event on February 3, 2022, from 2 pm to 4 pm (ET). The video will cover MHP, protection under CAT, and more. RSVP to EngagewithEOIR@usdoj.gov by February 2, 2022, at 5 pm.
Multilingual Instructional Videos on Various Immigration Processes
Innovation Law Lab shares instructional videos in a variety of languages, including Central American indigenous languages, explaining different immigration processes. Videos cover topics such as the difference between ICE, ISAP, and the immigration court and what are biometrics, among other items.
Practice Pointer: Practice Tips for Addressing Lengthy EAD Processing Timelines
AILA’s USCIS HQ (Benefits Policy) Committee provides a practice resource discussing tips for addressing lengthy EAD processing delays, including how to place an expedite request or request case assistance from the CIS Ombudsman or a member of Congress.
TRAC Reports on Immigration Court Backlog
TRAC released a report on the immigration court backlog, finding that pending cases at the end of December 2021 reached 1,596,193—the largest in history. The report includes information on quarterly increases in the backlog and recent accelerations in rate of growth.
USCIS Report to Congress: Application Processing for FY2022
USCIS released a report to Congress outlining its expenditure plan for $250 million provided by Congress to support application processing, which includes the reduction of backlogs within asylum, field, and service center offices, and to support the refugee program.