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 to Host Stakeholder Engagement on the CAM Program
USCIS will host a stakeholder engagement on Wednesday, March 9, 2022, from 2 to 3 pm (ET) on the reopening and expansion of the CAM Program. Submit non-case-specific questions to public.engagement@uscis.dhs.gov with “Question CAM program March 9” in the subject line by February 25 at 4 pm (ET).
USCIS Provides Notes from Asylum Quarterly Stakeholder Engagement
USCIS released notes from its Asylum Quarterly Stakeholder meeting on February 23, 2022. AILA’s Asylum & Refugee National committee and other stakeholders submitted questions in advance. Topics included treatment of one-year-filing-deadline cases and top-five nationality filings, among others.
EOIR Updates Appendix F of the Policy Manual Regarding Certificate of Service
EOIR updated appendix F of the policy manual regarding information on “certificate of service” or “proof of service.”
CA1 Upholds Denial of Asylum to Guatemalan Petitioner with Mam Identity
The court held it lacked jurisdiction to review, concluding that petitioner’s factual claim masqueraded as a legal challenge because it took issue with the evidentiary basis for BIA’s finding that circumstances did not excuse his untimely asylum application. (López-Pérez v. Garland, 2/22/22)
CA1 Dismisses Challenge to Canceled FARO for Lack of Jurisdiction
The court dismissed for lack of jurisdiction the petition for review of a Final Administrative Removal Order (FARO), finding that DHS’s cancellation of the FARO was valid, and thus that there was no final removal order against the petitioner at the present time. (Xu v. Garland, 2/18/22)
CA1 Remands Asylum Claim Where Petitioner Alleged Membership in PSG of “Salvadoran Female Small Business Owners”
The court remanded the Salvadoran petitioner’s asylum claim for the BIA to consider in the first instance whether she was a member of the particular social group (PSG) consisting of “Salvadoran female small business owners.” (Gomez-Abrego v. Garland, 2/16/22)
CIS Ombudsman to Host USCIS/EOIR/Asylum Coordination Listening Session
CIS Ombudsman's Office extends invitation to a listening session on 2/24/22 on barriers to asylees and their legal representatives who are before an IJ and seeking documentation from USCIS. In particular, the Ombudsman wishes to hear about barriers in seeking employment authorization and Form I-94.
CA8 Upholds Denial of CAT Relief to Petitioner Who Claimed He Would Be Tortured If Removed to South Sudan or Uganda
The court held that BIA did not err in finding that petitioner failed to prove it was more likely than not he would be tortured by the government if returned to South Sudan or Uganda, and thus he was not entitled to Convention Against Torture (CAT) relief. (Deng Chol v. Garland, 2/16/22)
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)