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
CA9 Finds IJ’s Denial of Continuance of Petitioner’s Merits Hearing Violated His Right to Counsel
Applying a fact-based inquiry, the court held that the IJ’s refusal to grant a continuance of the petitioner’s merits hearing deprived him of his right to counsel, and thus granted the petition for review. (Usubakunov v. Garland, 11/1/21)
DHS Releases Memo on Termination of MPP
DHS terminated MPP, effective immediately, after finding that the benefits of MPP are far outweighed by the costs of continuing to the program. DHS will comply with Texas v. Biden, but termination of MPP will be implemented as soon as practicable after the injunction is vacated.
AILA Welcomes Termination Memo Intended to End the “Migrant Protection Protocols” Permanently
AILA welcomed the Biden administration’s memo to terminate the “Migrant Protection Protocols”, with AILA President Allen Orr noting, “May this be the beginning of the final end to this despicable program undermining U.S. asylum law.”
CA7 Upholds BIA’s Conclusion That Petitioner Did Not Face a Substantial Risk of Torture as a Recent Deportee
Upholding the denial of Convention Against Torture (CAT) relief, the court found that the BIA correctly held that the IJ did not make any factual or legal error in finding that the petitioner did not face a substantial risk of torture as a recent deportee. (Mabuneza v. Garland, 10/28/21)
CA7 Upholds Denial of CAT Relief to Petitioner Who Claimed He Was Target in Mafia Extortion Scheme in Honduras
Where petitioner feared that the mafia would target him because he had just returned from the United States, the court upheld the denial of Convention Against Torture (CAT) relief, finding that he was not more likely to be tortured if returned to Honduras. (Pineda-Teruel v. Garland, 10/27/21)
The Fruits of our Afghan Labor Have Arrived
Author Joyce Brake shares insights from her recent pro bono work with Afghan evacuees and helping them find their footing in the new situation they are in; she urges readers to reach out and do the same.
AILA Letter to the Administration on Due Process and Access to Counsel Failures of MPP
AILA sent a letter to the administration following reports that the Laredo and Brownsville tent courts are re-opening as a result of the re-implementation of the Migrant Protection Protocols (MPP). AILA’s letter summarized the past problems and urges the administration issue a new termination memo.
USCIS Report on Backlog Reduction of Pending Affirmative Asylum Cases
USCIS prepared a report pursuant to the FY2021 DHS Appropriations Act that details steps taken to reduce the affirmative asylum backlog including expansion of offices, officer hiring, and use of technology and claiming "last in, first out" interview scheduling helps reduce meritless asylum claims
AILA and Partners Submit Comments on Proposed Changes to Asylum Procedures
AILA, the Council, and Justice Campaign expressed support for the proposal to give asylum officers authority to grant asylum to migrants who pass credible fear interviews and attend hearings with their office but to abandon a proposed streamlined removal hearing.
CA1 Remands Where BIA Denied Withholding of Removal to Honduran Petitioner Based on IJ’s Adverse Credibility Finding
The court held that the BIA’s affirmance of the IJ’s adverse credibility finding as to the Honduran petitioner could not be sustained, and thus vacated and remanded the BIA’s order affirming the denial of the petitioner’s request for withholding of removal. (Lopez Troche v. Garland, 10/18/21)
Presidential Determination on Refugee Admissions for FY2022
President Biden issued a determination on October 8, 2021, setting the refugee admissions ceiling for FY2022 at 125,000. The determination also provides regional ceilings. (86 FR 57527, 10/18/21)
Practice Pointer: What You Need to Know About the Third Country Transit Ban
AILA’s Asylum & Refugee Committee provides an update on the Third Country Transit Ban (Asylum Ban 2.0) and recommendations on cases affected by limitations on eligibility for asylum for people who traveled through a third country before reaching the United States or were illegally “metered” by CBP.
CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively
Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)
Attorney General Refers Matter of Negusie for Review
The attorney general directed the BIA to refer Matter of Negusie for review of the decision. The BIA decision is automatically stayed pending review.
CA7 Upholds Denial of CAT Relief to Petitioner Who Feared Being Removed to Burundi as a Returning Twa Refugee
Where the petitioner claimed that he feared being removed to Burundi because he was a returning Twa refugee and was unable to speak the native language, the court upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Nyandwi v. Garland, 10/8/21)
Liaison Update: Key Takeaways from Stakeholder Engagements with DHS Operation Allies Welcome Leadership
The Afghan Response Task Force leadership and AILA National staff have participated in various stakeholder engagements with DHS Operation Allies Welcome leadership regarding the Afghan evacuations. Read these key takeaways from those meetings.
CA7 Upholds Withholding of Removal Denial to Petitioner Who Feared Persecution in Jamaica as a Gay Man
The court held that substantial evidence supported the BIA’s decision that the Jamaican petitioner, who feared that the government might punish him for violating Jamaica’s anti-sodomy laws, did not face a likelihood of state-sanctioned persecution. (Murry v. Garland, 10/7/21)
Afghanistan and the United States’ Responsibilities
AILA member Manish Daftari shares insights into the situation facing those fleeing from Afghanistan and the urgent need to simplify processing of vulnerable Afghan evacuees, similar to the treatment of Vietnamese evacuees in the aftermath of the Vietnam War.
AILA and Partners Send Letter to Biden Administration with Recommendations on Terminating MPP
AILA and partners sent letter to the Biden administration and DHS opposing MPP and recommendations for the memorandum to clarify why COVID-19 continues to prevent the resumption of MPP hearings and the importance of adequate notice of the date and time of any future scheduled removal hearings.
CA6 Upholds Denial of Asylum to Petitioner Who Alleged Economic Persecution by Guatemalan Government
The court held that substantial evidence supported the BIA’s conclusion that the petitioner, an indigenous K’iche’ woman from Guatemala, had neither suffered, nor had a well-founded fear of economic persecution by the Guatemalan government. (Hernandez-Hernandez v. Garland, 10/4/21)
AILA President Allen Orr Responds to Appeals Court Ruling on Title 42
AILA President Allen Orr stated “The decision of the appeals court to lift the stay on Title 42 expulsions is a travesty, but the fact the Biden administration appealed the original decision was an abandonment of the commitments and principles that the administration pledged to uphold.”
ORR Announcement of Inflationary Increase to Refugee Cash Assistance Program Payment Ceilings
Office of Refugee Resettlement (ORR) announcement of an inflationary increase to the Refugee Cash Assistance program’s monthly payment ceilings, effective October 1, 2021. (86 FR 54466, 10/1/21)
DHS Announces Intention to Issue New Memo Terminating MPP
DHS issued a statement announcing that it "intends to issue in the coming weeks a new memorandum terminating the Migrant Protection Protocols (MPP)." However, DHS is moving forward with plans to restart the program pursuant to a district court order.
AILA and Partners Submit Amicus Brief Supporting Termination of MPP
AILA and partners submitted an amicus brief to the Fifth Circuit in Texas v. Biden, requesting that the court reverse the district court order and uphold DHS’s memo to terminate MPP.
Helping Afghan Refugees Brings Me Full Circle
In this blog post, AILA member Spojmie Nasiri shares insights and information about the situation facing Afghan evacuees and how we can help. She was interviewed by Diversity, Equity and Inclusion Committee Chair Ban Al-Wardi.