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 Provides Al Otro Lado Class Action Notice of Preliminary Injunction
USCIS provided information about the preliminary injunction orders issued in Al Otro Lado v. Mayorkas. The PI prohibits the U.S. government from applying the “third-country transit rule” to people subject to “metering” before the rule took effect on July 16, 2019.
Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law
AILA and the Council responded to today’s release of an interim final rule related to asylum procedures with deep concern, noting that “the tight deadlines and rapid scheduling of hearings” will undoubtedly curtail due process and interfere with the ability to obtain legal representation.
Asylum Cases on INA §209(c) Waiver Cases
This issue-specific page lists published asylum cases that relate to INA §209(c) waiver cases. The page includes published federal court and BIA cases. Special thanks to AILA member R. Mark Frey.
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
CA3 Upholds Denial of Asylum to MS-13 Gang Member from El Salvador
The court held that substantial evidence supported BIA’s affirmance of IJ’s denial of asylum based on the finding that petitioner’s testimony was not credible, and that petitioner’s due process rights were not violated during his removal proceedings. (Hernandez Garmendia v. Garland, 3/16/22)
Third Extension of Effective Date of USCIS Temporary Final Rule on Interpreters at Asylum Interviews
USCIS temporary final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was set to expire on 3/16/22, through 3/16/23. (87 FR 14757, 3/16/22)
HIAS Flyer on Next Steps Following an Asylum Grant
HIAS provides a flyer you can share with clients to inform them of steps they may take after receiving an asylum grant, including applying for benefits, obtaining additional documents, applying for asylum for family members, and applying for permanent residency.
Highlighting Inequities: How the U.S. Treats Refugees Varies Widely
AILA Board of Governors member Ally Bolour calls our attention to the disparate treatment of refugees and asylum seekers, comparing the recent experiences of Ukraine, Afghanistan, and Haiti and urging us all to “end the discriminatory treatment of refugees.“
CA5 Finds That Petitioner Was Not Entitled to Reopening and Termination of His Removal Order Based on Pereira v. Sessions
The court held that its precedent foreclosed petitioner’s challenge to the BIA’s denial of his first motion to reopen, where the petitioner claimed that his Notice to Appear (NTA) was defective because it did not include the time or date of his removal hearing. (Garcia v. Garland, 3/14/22)
CBP Issues Memo on Title 42 Exceptions for Ukrainian Nationals
On 3/11/22, CBP issued a memo to its Office of Field Operations stating that noncitizens in possession of a valid Ukrainian passport or other valid Ukrainian identity document, and absent national security or public safety risk factors, may be considered for exception from Title 42.
BIA Remands Case to IJ to Determine Whether Respondent Filed Frivolous Asylum Application
BIA held that when DHS raises mandatory bar for filing frivolous asylum application, IJ must make sufficient findings of fact and conclusions of law on whether requirements for frivolousness determination under Matter of Y-L- have been met. Matter of M-M-A- 28 I&N Dec. 494 (BIA 2022)
AILA’s Asylum & Refugee Committee Sends Letter to RAIO with Data & Statistics Publication Request
The Asylum & Refugee Committee sent a letter to the Refugee, Asylum, and International Operations (RAIO) Directorate encouraging the regular publication of certain asylum and refugee processing data to assist attorneys and their clients.
AILA and Partners Send Letter Urging President Biden to End Title 42 Policy
AILA and partners called on President Biden to immediately end the Title 42 policy, stop defending this illegal and inhumane policy in court, restore meaningful access to asylum at U.S. borders, and welcome with dignity the families and individuals seeking protection in the United States.
AILA and Partners Submit Amicus Brief on Protection for Transgender Women
AILA and partners submitted a brief in Matter of Alor Reyes arguing the narrow reading of the nexus requirement ignores realities for transgender women in Mexico, the Mexican government is unwilling and unable to protect transgender women, and the BIA should reverse the IJ’s decision.
CRS Provides Updated Report on Legal Issues with DHS “Metering” Policy
CRS provided an updated legal sidebar on “metering,” which limited the amount of asylum seekers processed daily on the southwest border. The report focuses on Al Otro Lado v. Mayorkas conflicting with Title 42, but accounts for the recission of the metering policy in November 2021.
EOIR Updates Procedure for Requesting ROPs in the Policy Manual
EOIR updated procedures for parties to request ROPs in Parts I, II, and III of the policy manual.
D.C. Circuit Says DHS Cannot Expel Families Without Assessing whether They May Be Persecuted or Tortured
The court affirmed the district court’s preliminary injunction in part and remanded for further proceedings, stating, “For now, the Executive may expel the Plaintiffs, but only to places where they will not be persecuted or tortured.” (Huisha-Huisha, et al. v. Mayorkas, et al., 3/4/22)
AILA President Allen Orr Responds to D.C. Circuit Court of Appeals Decision Rejecting “Title 42”
AILA President Allen Orr called the D.C. Circuit decision on Title 42 expulsions a “significant victory for the migrant families who have correctly and consistently asserted that the law of this nation protects those fleeing persecution, and for all of us advocating for this cruel policy to end.”
CA5 Finds BIA’s Denial of Cancellation of Removal to Guatemalan Petitioner Was Supported by Substantial Evidence
Upholding the BIA’s and IJ’s denial of cancellation of removal, the court held that the petitioner had failed to establish that his family would suffer hardship above and beyond that regularly faced by families who are separated by one member’s removal. (Raymundo Morales v. Garland, 3/4/22)
CA5 Finds Guatemalan Petitioner Failed to Show a Well-Founded Fear of Future Persecution Based on a Protected Ground
The court held that the petitioner had failed to show that the harm she suffered in Guatemala rose to the level of persecution or that she had a well-founded fear of future persecution on account of her anti-police corruption political opinion. (Gregorio-Osorio v. Garland, 3/4/22)
CA5 Upholds Denial of Motion to Reopen Where Petitioner Alleged Conditions Had Materially Worsened in El Salvador
The court upheld the BIA’s denial of the untimely motion to reopen, rejecting the petitioner’s claims that the BIA had misapplied Singh v. Lynch and that conditions in El Salvador had materially worsened since the issuance of her removal order. (Martinez-Guevara v. Garland, 3/3/22)
CA8 Upholds Denial of Asylum to Salvadoran Petitioner Who Feared Persecution Based on Her Religious Activities and Gender
Upholding the BIA’s asylum denial, the court held that petitioner had failed to show that her fear of future persecution was objectively reasonable, because her evidence did not support her claim of a particularized fear based on her religious activities. (Rivera Menjivar v. Garland, 3/3/22)
Let’s Give a Hand to AILA Members Doing Amazing Pro Bono Work!
AILA's Practice and Professionalism Center works with AILA members to help them engage in pro bono activities; this Think Immigration post is an opportunity to learn and get inspired by three of our recent Pro Bono High Five videos.
Generations Later, Another Evacuation Effort Stalls
AILA member and volunteer Spojmie Nasiri shares a recent experience when she met a Vietnamese refugee whose story strengthened her resolve to help Afghan evacuees and reminded her of the interconnectedness of all our lives.
CA4 Upholds Asylum Denial to Petitioner Who Claimed She Was Persecuted on Account of Her Family Relationship to Her Sister
Denying the petition for review, the court found that substantial evidence supported the BIA’s conclusion that the petitioner’s family relationship to her sister was not a central reason for her persecution by her sister’s abusive ex-husband. (Toledo-Vasquez v. Garland, 3/2/22)