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
CA5 Finds Adverse Credibility Determination Was Supported by Substantial Evidence Apart from Inter-Proceeding Evidence
Despite misgivings about the IJ’s reliance on inter-proceeding evidence under Matter of R-K-K-, the court held that the IJ’s adverse credibility finding was supported by substantial evidence, and that the petitioner’s due process claims lacked merit. (Singh v. Garland, 12/17/21)
DHS Announces Commitment to Enhance Protections for Stateless Individuals
DHS announced it will commit to adopting a definition of statelessness for immigration purposes and enhance protections for stateless individuals. DHS plans to identify its barriers to legally available immigration relief and benefits, and build a process for making stateless determinations.
CA1 Upholds CAT Denial to Petitioner Who Claimed He Would Be Subject to Torture While “Imprisoned” in Haiti as a Criminal Deportee
Upholding the denial of petitioner’s Convention Against Torture (CAT) claim, the court found that expert testimony concerning treatment in Haiti of criminal deportees did not address whether petitioner was more likely than not to be held in prolonged detention. (Bonnet v. Garland, 12/13/21)
USCIS Rescinds Policy Requiring Interviews of All Petitioners Filing Form I-730
USCIS will rescind a November 2020 policy requiring interviews of all petitioners filing Form I-730, deemed inconsistent with EO 14012 and 14013. Effective 12/10/21, USCIS will make case-by-case determinations on whether to interview Form I-730 petitioners.
Resources on Lawsuit Challenging DHS’s One-Year Filing Deadline for Asylum Applications
Learn more about the Mendez Rojas v. Wolf final settlement. Following the district court’s approval of the settlement agreement, USCIS has begun sending notices to potential class members on how they can benefit from the injunction and on the 4/22/22 filing deadline.
Tackling Inequality – a Human Rights Day Reflection
In this blog post, part of the Diversity, Equity and Inclusion Committee's blog post series, AILA member Roland Luo shares insights about the importance of International Human Rights Day and what we can each do to give meaning to the universality of human rights.
CA3 Says Failure to Include Date and Time of Hearing in NTA Did Not Require Termination of Removal Proceedings
The court held that the BIA properly denied petitioner’s motion to terminate removal proceedings even though her Notice to Appear lacked a specific date and time, and found that “Guatemalan women” was not a cognizable particular social group (PSG). (Chavez-Chilel v. Att’y Gen., 12/9/21)
TRAC Report Finds Asylum Success Varies Widely Across Immigration Judges
TRAC released a report finding that asylum outcomes vary significantly from judge to judge and court to court. Findings include that half of all asylum cases are decided by just six immigration courts, and the majority of immigration judges have an asylum denial rate of 70% or more.
AILA and Partners Send Letter to USCIS and ICE on Access to Client Records
AILA and partners sent a letter requesting that USCIS, ICE, and EOIR revise its regulations, policies, practices, and procedures for providing access to records of proceedings (ROPs) and digital audio recordings (DARs) and Alien Files (“A-Files”) in immigration court and USCIS proceedings.
ICYMI: AILA Quicktake #309 : Biden Administration Re-Instates MPP
The Biden administration announced that they will be re-implementing the Trump-era policy Migrant Protection Protocols (MPP) starting on Monday December 6, 2021. AILA’s Jen Whitlock explains how we got here, what are some of the changes to the program, and what to expect next.
Practice Pointer: “Operation Horizon” and What to Do with Your Client’s Notice to Report (Form I-385)
AILA’s Asylum & Refugee Committee provides a practice pointer on the rollout of ICE’s “Operation Horizon” and how attorneys representing individuals who were never placed into removal proceedings upon release from CBP custody may be impacted.
CA10 Remands to BIA to Reconsider Asylum/Withholding/CAT Applications and to Apply the Clear-Error Standard
The court held that the BIA erred in (1) overturning the IJ’s grant of asylum, (2) rejecting the IJ’s credibility findings without applying the clear-error standard, and (3) sua sponte finding petitioner ineligible for withholding or deferral of removal. (Villegas-Castro v. Garland, 12/2/21)
DHS Releases Guidance on Court-Ordered Reimplementation of MPP
DHS reimplemented the Migrant Protection Protocols (MPP), stating that DHS made a number of changes from the previous implementation to address concerns that Mexico raised and Mexico agreed to accept the return of individuals on 12/2/21. DHS will begin enrolling certain noncitizens into MPP.
AILA Deeply Disappointed in Even Temporary Resurrection of MPP
AILA is deeply disappointed that politically motivated Attorneys General of Missouri and Texas have managed to temporarily resurrect the inhumane “Migrant Protection Protocols” known as Remain in Mexico, noting the result will be to undermine U.S. asylum laws and traumatize vulnerable immigrants.
DOS Delegation of Authority to Facilitate USCIS Teleconference Interviews for Refugee Applicants
DOS delegation from the Secretary of State to the to the assistant secretary for Bureau of Population, Refugees, and Migration the authority to designate DOS employees as immigration officers to facilitate USCIS video teleconference interviews of overseas refugee applicants. (86 FR 68295, 12/1/21)
CA9 Remands Asylum Claim of Indian Petitioner to Consider Whether Certain Factors Sufficed to Support Credibility Determination
The court held that the bulk of the IJ’s and BIA’s adverse credibility findings in the case were infirm, and remanded to the BIA to determine whether the few remaining factors were sufficient, in light of the totality of circumstances, to support such a finding. (Kumar v. Garland, 11/30/21)
Asylee and Refugee Resources from DOJ's Immigrant and Employee Rights Section
AILA's Refugee and Asylum Committee highlights some resources from DOJ's Immigrant and Employee Rights Section that may be useful to AILA members and their clients. Don't miss an upcoming DOJ free webinar on December 8, aimed at refugee and asylee service providers.
CA9 Finds BIA Erred by Failing to Assess Individualized Risk of Persecution as to Evangelical Christians in Indonesia
Granting the petition for review, the court held that the BIA erred by failing to assess the petitioners’ individualized risk of persecution in Indonesia to establish eligibility for asylum and related relief due to their identity as evangelical Christians. (Nababan v. Garland, 11/23/21)
Practice Alert: Asylum Office Points of Contact for Credible Fear Interviews
AILA provides asylum office points of contact for credible fear interview requests. Members can reach out to these individuals regarding general CFI and RFI requests (scheduling, G-28 submissions, and accommodation requests).
CA6 Finds BIA Reasonably Concluded That Changed Conditions in the Congo Rebutted Petitioner’s Well-Founded Fear of Persecution
The court upheld the BIA’s denial of asylum, finding that the Board did not err in holding that governmental changes in the Congo—namely, that the petitioner’s own political party had assumed power—made any future political persecution unlikely. (Mbonga v. Garland, 11/22/21)
CA9 Declines to Rehear Soto-Soto v. Garland En Banc
The court issued an order denying the rehearing en banc of Soto-Soto v. Garland, in which the court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error. (Soto-Soto v. Garland, 11/18/21)
CA11 Remands Asylum Claim of Sri Lankan Petitioner Who Feared Future Persecution as a Tamil Failed Asylum Seeker
The court held that the BIA failed to give reasoned consideration to the Sri Lankan petitioner’s claim that, as a Tamil failed asylum seeker, he had a well-founded fear of future persecution, and thus remanded his asylum and withholding of removal claims. (Jathursan v. Att’y Gen., 11/17/21)
More than 40 Human and Civil Rights Leaders: Ongoing Mistreatment and Expulsions of Haitians and Asylum Seekers Will Stain Biden’s Legacy
AILA President Allen Orr and 42 other organizational leaders urge the Biden administration to change course, as it fails “to do the right thing at our Southern border and is causing harms to thousands of Black and Brown asylum seekers, families and individuals seeking protection.”
AILA and Partners Send Letter to DHS on Providing EADs to Asylum Seekers
AILA and partners sent a letter to DHS urging the Biden administration to rescind Trump administration employment authorization regulations and ensure making the work authorization process more humane.
Biden Administration Files MPP Compliance Reports
The Biden administration filed compliance reports after a district court ordered the administration to submit information on key pieces of data and steps it was taking to implement MPP. As of 11/15/21, this page is no longer being updated. Refer to PACER for reports filed after that date.