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
EOIR Issues Memo Updating Policy Regarding Biennial Fee Reviews, Fees, and Fee Waivers
EOIR issued a policy memorandum (PM 21-10) memorializing and updating EOIR policy regarding biennial fee reviews, fees, and fee waivers. This memo supersedes and replaces Operating Policies and Procedures Memoranda (OPPM) 06-01, Fee Waiver Form.
EOIR Announces 14 New Immigration Judges
EOIR announced the investiture of 14 new immigration judges. Notice includes the judges' names, biographical information, and courts of appointment.
DHS Announces Finalization of Asylum Cooperative Agreement with Honduras
DHS announced that the United States and Honduras have concluded the implementation accords for the Asylum Cooperative Agreement, under which certain migrants requesting asylum or similar humanitarian protection at the border will be transferred to Honduras to seek protection in Honduras.
EOIR Final Rule Increasing Fees for Filings
EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The rule is effective 1/19/21. (85 FR 82750, 12/18/20)
A “Wish List” on Immigration
The Lady Immigration Lawyers of Minnesota celebrated the season with their own rendition of “All I Want for Christmas is You“ this year and shared some of their wishes in this blog post for Think Immigration.
BIA Rules on Expert Testimony and Factual Findings
The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s opinion, judges should explain the reasons behind the factual findings. Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)
DHS and DOJ Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection
DHS and DOJ final rule which finalizes, with minor changes, the Interim Final Rule published at 84 FR 33829 on 7/16/19, which barred from asylum eligibility individuals who transit through a third country without seeking protection. The rule is effective 1/19/21. (85 FR 82260, 12/17/20)
EOIR Final Rule on Procedures for Asylum and Withholding of Removal
EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 59692 on 9/23/20 with few changes. The rule is effective 1/15/21. (85 FR 81698, 12/16/20)
USCIS Updates Policy Guidance on Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
USCIS updated guidance regarding adjustment of status (AOS) interview criteria and guidelines for refugees and asylees. USCIS updated the list of categories of AOS cases in which USCIS may waive the required interview, and updated and clarified interview criteria for asylee and refugee AOS cases.
AILA and Partners Send Letter Requesting Legislation to Create an Article l Immigration Court
Nearly 120 organizations, including AILA, sent a letter urging Rep. Lofgren (D-CA) to introduce legislation creating an Article l immigration court before the end of the 116th Congress or the beginning of the 117th Congress.
CA10 Says BIA’s Finding That Petitioner Could Safely Relocate Within Ghana Was Not Supported by Substantial Evidence
The court held that the government had failed to rebut the presumption that the petitioner, a son of the chief of the Challa tribe who had received death threats from members of the rival Atwode tribe, had a well-founded fear of future persecution in Ghana. (Addo v. Barr, 12/14/20)
EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the CAT. The final rule adopts the notice of proposed rulemaking published on 6/15/20 with few substantive changes. (85 FR 80274, 12/11/20)
Why I Do Federal Court Immigration Litigation: A Short Elegy
AILA member Brad Banias reflects on why he began focusing on federal court litigation and the case that started him down that path, highlighting the tremendous impact of Judge G. Ross Anderson who recently passed away
New Rule Spells Death for the Asylum System - AILA and the Council Urge the Biden Administration to Prioritize Its Undoing
AILA and American Immigration Council leadership respond to the latest asylum regulation that would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States.
CA9 Vacates and Remands BIA’s Decision in Matter of E-R-A-L-
The court issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E-R-A-L-, which pertains to establishing a particular social group based on landownership, and remanded to the BIA for further proceedings. (Albizures-Lopez v. Barr, 12/10/20)
CA9 Holds It Lacks Jurisdiction to Review IJs’ Denials of Petitioners’ Motions to Reopen Credible Fear Proceedings
The court dismissed the petitions for review of the IJ’s decisions denying the petitioners’ motions to reopen their credible fear determinations on the basis that IJs lack jurisdiction to reopen credible fear proceedings under 8 CFR §1208.30(g)(2)(iv)(A). (Singh v. Barr, 12/9/20)
An Immigrant’s Reflection on the 2020 Election Results
AILA member Paschal O. Nwokocha shares his insights as an immigrant and immigration attorney about the work to be done post-election and how we all can work together to ensure that “America is once more open to the world.“
DOS 60-Day Notice and Request for Comments on Proposed Revisions to Refugee Biographic Data Sheet
DOS 60-day notice and request for comments on proposed revisions to the Refugee Biographic Data Sheet. Comments are due 2/8/21. (85 FR 79068, 12/8/20)
DHS Issues Supplemental Policy Guidance on the Migrant Protection Protocols
DHS issued supplemental policy guidance on MPP, including on access to information about MPP, appeals, family units, mixed-nationality family units, UACs, known physical and mental health issues, use of restraints, interagency collaboration, and ongoing changes.
DOJ’s Immigration Court Practice Manual (Updated on 12/7/20)
On December 7, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
CA10 Upholds CAT Denial as to Nigerian Petitioner Who Alleged He Was Attacked for His Homosexuality
The court upheld the denial of Convention Against Torture (CAT) relief as to petitioner, who alleged he had been attacked in Nigeria in 2006 because of his homosexuality, finding that the BIA’s adverse credibility determination was supported by substantial evidence. (Igiebor v. Barr, 12/7/20)
EOIR Issues Memo Consolidating and Updating Policy Regarding the Processing of Asylum Applications
EOIR issued a policy memo (PM 21-06) consolidating and replacing OPPM 00-01 and OPPM 13-02. The memo concerns the processing of affirmative and defensive asylum applications, the asylum and EAD clocks, docketing and scheduling, BIA appeals, and more. This memo was rescinded 4/18/22.
Practice Alert: Federal Court Enjoins New Criminal Bars to Asylum – Pangea Legal Services v. DHS Litigation Update and FAQs
On 11/19/20, in Pangea Legal Services v. DHS, a federal judge issued a TRO enjoining a final rule that set out numerous new criminal bars to asylum eligibility. This document provides an overview of the enjoined regulations and developments in the Pangea v. DHS litigation.
Practice Alert: New Scheduling Orders in Removal Proceedings
AILA has received numerous reports that members across the country have received “scheduling orders” from various immigration courts, setting short deadlines for the filing of written pleadings and applications for relief.