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 Upholds Denial of Asylum to Pakistani National Who Claimed He Feared Persecution from Taliban
The court held that the IJ had provided the pro se petitioner with a full opportunity to present testimony, and found the BIA did not err in concluding that petitioner’s description of generalized violence failed to meet his burden to show targeted persecution. (Hussain v. Rosen, 1/11/21)
AILA and Partners Submit Amicus Brief on Asylum Credibility Determinations
AILA and partners submitted an amicus brief in the Supreme Court arguing that federal appellate courts have a statutory mandate under the REAL ID Act to treat the testimony of asylum seekers as credible where neither an IJ nor the BIA has made an explicit adverse credibility determination.
Prolonged and Indefinite Detention is Inhumane and Must End
In this blog post, Immigration Justice Campaign National Advocacy Manager Katy Murdza describes how ICE is indefinitely detaining people far past the time allowed by law, and why the Justice Campaign will be advocating for the use of proven alternatives to detention in 2021 and the abolition of immi
District Court Issues Nationwide Preliminary Injunction Against New Asylum Regulations
A federal district court in California preliminarily enjoined the government from implementing, enforcing, or applying the 12/11/20 final rule, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (Pangea Legal Services, et al. v. DHS, et al., 1/8/21)
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01 to account for legal and policy developments. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. This memo was rescinded on 4/18/22.
CA4 Upholds Preliminary Injunction Against Executive Order Allowing Local and State Jurisdictions to Refuse Refugees
The court concluded that the district court did not abuse its discretion in issuing a nationwide preliminary injunction against President Trump’s Executive Order 13888, which allowed local and state jurisdictions to refuse refugees. (HIAS, Inc., et al. v. Trump, et al., 1/8/21)
DHS Releases Privacy Impact Assessment for USCIS’s Plans to Use Pangaea Text
DHS released a PIA on USCIS’s plans to use Pangaea Text, a web-based system, to identify fraud, national security, and public safety concerns during the asylum application and applicant pre-screening process. The PIA discusses the risks and mitigations associated with the use of Pangaea Text.
Screaming Into the Void: 5 Reasons to Always Comment on Proposed Regulations
AILA member Sarah Pitney shares insights into why they participate in public comment campaigns and why all AILA members should do the same to benefit their clients, share their expertise, and hopefully ensure better regulations result.
DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)
On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
EOIR Released Statistics on Pending Cases
EOIR released statistics on pending cases, initial receipts, and total completions from FY2008 through the first quarter of FY2021. As of the end of the first quarter of FY2021, EOIR had 1,277,152 pending cases in the queue, and had completed 20,739 cases.
Former Immigration Judges and BIA Members Submit Amicus Brief in Case Challenging New Asylum Rule
More than 30 former immigration judges and BIA members submitted an amicus brief in Pangea Legal Services, et. al. v. DHS, et. al. arguing the new DHS and DOJ omnibus asylum rule (85 FR 80274) purports to address problems that either do not exist or can be resolved under existing regulations.
Department of Health and Human Services Notice of Realignment of Office of Refugee Resettlement
Department of Health and Human Services notice of the realignment of the Office of Refugee Resettlement (ORR). The realignment creates a new division, the Division of Office Operations. (85 FR 85643, 12/29/20)
DHS Announces Guatemala, El Salvador, and Honduras Have Signed Asylum Cooperation Agreement
DHS announced that Guatemala, El Salvador, and Honduras have all signed the Asylum Cooperation Agreement (ACA) and that all three ACAs have entered into force. The agreement allows the United States to remove certain migrants seeking humanitarian protection to the ACA countries.
EOIR Releases Factsheet on "Myths vs. Facts About Immigration Proceedings"
EOIR released an updated factsheet on "Myths vs. Facts About Immigration Proceedings."
Trump Pardons Border Patrol Agents Bringing A Familiar Pain for Our Border Communities
Andrew Nietor, chair of AILA's Southern Border Taskforce, shares insights into President Trump's recent pardon of former Border Patrol agents and the harmful impact of this and other actions by his administration on border communities.
Practice Pointer: How to File FOIA Requests with EOIR
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR).
Practice Alert: Recent Final Rules Affecting Asylum, Withholding of Removal and Credible Fear/Reasonable Fear Determinations, and the Third Country Tr
This Practice Alert highlights three recently published final rules that will take effect in January 2021 and have a profound impact upon applicants for asylum, withholding of removal, and CAT protection.
DOJ’s Immigration Court Practice Manual (Updated on 12/23/20)
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
CA1 Upholds Withholding of Removal Denial to Honduran Petitioner Who Claimed He Was Persecuted by Local Police
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20)
CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia
The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20)
DHS Notice of Agreement Between the U.S. and El Salvador for Cooperation in the Examination of Protection Claims
DHS notice of agreement between the government of the United States of America and the government of the Republic of El Salvador for cooperation in the examination of protection claims. (85 FR 83597, 12/22/20)
Hopes for 2021 and the New Administration
Several members of the AILA Media Advocacy Committee shared their hopes for the incoming administration and what next year may bring, including changes both large and small to make our immigration system more fair and just.
CBP Provides FY2021 Data on Migrant Protection Protocols
CBP provided data on Migrant Protection Protocols from FY2021, including southwest border enrollments, cases referred to USCIS, and individuals apprehended entering the U.S. without inspection subsequent to being returned to Mexico through MPP.
CA1 Upholds Denial of Asylum to Petitioner with Proposed Social Group of “Guatemalan Women”
Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20)
CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity
The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20)