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
CA7 Finds BIA Did Not Err in Denying Asylum to Mexican Petitioner Whose Family Was Targeted by Sinaloa Cartel
The court held that substantial evidence supported the BIA’s determination that the petitioner had failed to establish the requisite nexus between his fear of persecution from the Sinaloa Cartel upon return to Mexico and his family membership. (Meraz-Saucedo v. Rosen, 1/15/21)
CA8 Affirms BIA’s Denial of Deferral of Removal to Somali Petitioner Who Feared Torture by Al-Shabaab for Minority-Clan Membership
The court affirmed the BIA’s decision denying petitioner’s request for deferral of removal to Somalia, finding that substantial evidence supported the IJ’s and BIA’s conclusions that he was unlikely to be tortured by Al-Shabaab due to his minority-clan membership. (Hassan v. Rosen, 1/15/21)
Taking Pro Bono Virtual
AILA Pro Bono Committee Chair Adonia Simpson offers reasons engaging virtually on pro bono activities can be efficient and effective and highlights some easy to plug into opportunities for AILA members.
District Court Halts Final Rule on Procedures for Individuals Who Apply for Asylum and Withholding
A district court granted a temporary restraining order and preliminary injunction halting the implementation of a final rule regarding procedures for individuals who apply for asylum and withholding of removal, which was set to go into effect 1/15/21. (NIJC v. EOIR, 1/14/21)
DOJ OIG Issues Report on DOJ's Planning and Implementation of the Zero Tolerance Policy
DOJ OIG found that the Office of the Attorney General failed to prepare for, or manage, the implementation of its zero tolerance policy, stating that OAG was a driving force behind DHS's decision to begin referring family unit adults for prosecution, which led to the separation of 3,000 families.
Supreme Court Vacates Decision of Ninth Circuit in ICE v. Padilla
The U.S. Supreme Court granted the petition for a writ of certiorari, vacated the judgment of the Ninth Circuit, and remanded for further consideration in light of DHS v. Thuraissigiam. (ICE, et al. v. Padilla, et al., 1/11/21)
CA1 Remands Asylum and Withholding Claims of Iraqi National Who Worked for U.S. Army During War
The court vacated and remanded the BIA’s denial of the asylum and withholding of removal claims of the petitioner, who feared that he would be subjected to harm on account of his work as a paid contractor for the U.S. Army during the war in Iraq. (Al Amiri v. Rosen, 1/11/21)
Minor Correction to DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ issued a minor correction to the final rule published at 85 FR 80274 on 12/11/20, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (86 FR 1737, 1/11/21)
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.
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.
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.
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.