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 Releases Statistics on Total Asylum Applications
EOIR released statistics on the total asylum applications filed and the total asylum applications granted from FY2008 through FY2020. In FY2020, the total receipts to grants ratio was 13.05:1.
CA9 Upholds Asylum Denial to Guatemalan Petitioner Who Did Not Report Abuse by Ex-Boyfriend to Police
Upholding the denial of asylum to the petitioner, who had been abused by her ex-boyfriend, the court held that substantial evidence supported the conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Barr, 9/30/20)
DOS Says U.S. Will Admit 15,000 Refugees in FY2021
DOS announced that, together with HHS, it has submitted the President’s Report to Congress on the Proposed Refugee Admissions for FY2021. In FY2021, the United States will admit 15,000 refugees through the Refugee Admissions Program.
EOIR Resumes Hearings in Non-Detained Cases at Certain Arizona and California Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small number of respondents at the Phoenix, Sacramento, San Diego, San Francisco, and Tucson immigration courts on 9/28/20. The option to file by email at these courts will end on 11/27/20.
EOIR Releases Statistics on Inactive Pending Cases by FY of Administrative Closure
EOIR released statistics from FY1983 through FY2020 regarding inactive pending cases. As of the end of FY2020, EOIR had administratively closed 1,851 cases.
EOIR Releases Data on Active and Inactive Pending Cases
EOIR released data from FY2008 to FY2020 on activing and inactive pending removal, deportation, exclusion, asylum-only, and withholding only cases. Inactive pending cases are those not currently on the active document following an IJ’s order of administrative closure.
EOIR Releases Statistics on Decision Outcomes for FY2020
EOIR released statistics on outcomes of initial case decisions for FY2020. Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Releases Statistics on Number of Courtrooms
EOIR released statistics from 2007 (calendar year) to FY2020 on the total number of courtrooms. As of FY2020, EOIR had 474 courtrooms, excluding the courtrooms in Saipan and in Louisville.
EOIR Releases Statistics on Video Teleconference Hearings and Appeals
EOIR released statistics from FY2019 to FY2020 on the total number of completed cases with a video teleconference (VTC) hearing, case appeals filed, appeals of completed cases with a VTC hearing, and appeals of completed cases with a VTC hearing alleging a VTC hearing issue.
EOIR Releases Data on Initial Receipts with Specific Charges for Removal, Deportation, and Exclusion Cases
EOIR released data from FY2008 to FY2020 on initial receipts for removal, deportation, and exclusion cases; initial receipts with specific charges; leads with riders; riders; leads and riders; and percentage of leads and riders.
EOIR Releases Historical Data on New Cases and Total Completions
: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.
EOIR Releases Statistics on BIA Case Appeals Filed, Completed, and Pending
EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.
AILA and Partners Submit Amicus Brief in Matter of A-M-R-C-
AILA and partners submitted an amicus brief arguing that the Attorney General should vacate the referral order in Matter of A-M-R-C- which would require reopening A-M-R-C-‘s removal proceedings, an action that the AG cannot lawfully take, and that would harm national interests.
BIA Rules on Expert Witness Testimony
The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
DOS PRM Announces Changes to Publicly Available Refugee Admissions Data
DOS announced that as a result of DOS PRM migrating its Refugee Processing Center case processing system to a new IT system, certain publicly available refugee admissions data reports will no longer be available on www.wrapsnet.org effective 10/9/20, at 5:00 pm (ET).
Attorney General Rules That the BIA Must Examine Asylum Claims De Novo
The AG ruled that, in reviewing asylum claims, the BIA must examine de novo whether facts found by the IJ meet all statutory requirements, and should review each element of the claim before affirming or independently ordering a grant of asylum. Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
CRS Issues Legal Sidebar on Asylum and Related Protections for Individuals Who Fear Gang and Domestic Violence
CRS updated its legal sidebar examining asylum claims based on gang and domestic violence after the DC federal court ruled that USCIS policies issued after the AG’s decision in Matter of A-B- were unlawful and enjoined USCIS from applying them with respect to credible fear determinations.
EOIR Proposed Rule on Procedures for Asylum and Withholding of Removal
EOIR proposed rule making changes to the regulations on asylum and withholding of removal. Comments are due 10/23/20. (85 FR 59692, 9/23/20)
USCIS Temporary Final Rule on Interpreters at Asylum Interviews
USCIS temporary final rule providing that, from 9/23/20 through 3/22/21, asylum applicants who cannot proceed with the interview in English must ordinarily use DHS-provided telephonic interpreters, due to COVID-19. (85 FR 59655, 9/23/20)
Practice Alert: Temporary Changes to Asylum Interview Interpreter Requirements
AILA provides a Practice Alert explaining a temporary final rule, effective 9/23/20, which provides that asylum applicants are no longer required to provide interpreters at interviews but should proceed with DHS-provided telephonic interpreters. Special thanks to the Asylum and Refugee Committee.
EOIR Resumes Hearings in Non-Detained Cases at the Los Angeles Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small numbers of respondents at the three Los Angeles immigration courts on September 21, 2020. The option to file by email at these courts will end on November 20, 2020.
CA1 Finds “Wealthy Immigrants Returning to Jamaica” Is Not a Cognizable Particular Social Group
The court held that the petitioner’s withholding of removal claim failed, because it found that “wealthy immigrants returning to the country of Jamaica” did not form a cognizable particular social group. (Lee v. Barr, 9/22/20)
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm from Brother Involved in Narcotics Trafficking
The court held that the record supported the BIA’s and IJ’s conclusion that family ties did not motivate the petitioner’s persecution at the hands of his adopted older brother, even though those ties brought the petitioner into proximity with his persecutor. (Loja-Tene v. Barr, 9/21/20)
CA9 Finds Petitioner Was Properly in Asylum-Only Proceedings and IJ Lacked Jurisdiction to Consider Adjustment of Status Request
The court held that the termination of petitioner’s grant of asylum by reopening his asylum-only proceedings was not error, and that the IJ did not have jurisdiction to consider his request for adjustment of status because of the limited scope of such proceedings. (Bare v. Barr, 9/16/20)
NARA Notice of Agency Records Schedules
National Archives and Records Administration (NARA) notice with proposed records schedules in which agencies propose to dispose of certain records. This notice includes a USCIS schedule titled “Humanitarian Benefits.” Comments are due 11/2/20. (85 FR 57884, 9/16/20)