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
CA8 Finds BIA Reasonably Concluded That Christian Petitioner Could Safely Relocate to Another Part of El Salvador
The court held that substantial evidence supported the BIA’s determination that the petitioner—a 22-year-old Christian woman who claimed she had been targeted by gangs in El Salvador—could relocate to another part of El Salvador if forced to return. (Guatemala-Pineda v. Garland, 3/26/21)
EOIR Releases Comprehensive Policy Manual
EOIR announced that it has added a search function to its online Policy Manual, which provides access to all of EOIR's policies including the immigration court and BIA practice manuals, the OCAHO practice manual, and all current policy memos.
CA9 Remands Asylum Claim of Salvadoran Petitioner with an Intellectual Disability
The court held that the BIA and IJ erred in misunderstanding the petitioner’s proposed social group comprised of “El Salvadoran men with intellectual disabilities who exhibit erratic behavior” for purposes of asylum and withholding relief. (Acevedo Granados v. Garland, 3/24/21)
Further Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR interim final rule further delaying until 12/31/21 the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20). Public comment is also sought on whether the rule should be revised or revoked; comments are due 4/21/21. (86 FR 15069, 3/22/21)
USCIS Extends Effective Date of Temporary Final Rule on Interpreters at Asylum Interviews
USCIS final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was originally scheduled to expire on 3/22/21, for 180 days, until 9/20/21. (86 FR 15072, 3/22/21)
What if I Told You Immigration Detention Was Unnecessary?
Deputy Director of the Immigration Justice Campaign Jennie Guilfoyle highlights a recent factsheet affirming the effectiveness and efficiency of alternatives to detention and why we need to phase out immigration detention.
Practice Alert: Affirmative Asylum Filing and Receipt Issues
AILA’s Asylum & Refugee Committee provides a practice alert highlighting updates and issues with the affirmative asylum application filing process, including the use of a new Asylum Vetting Center for certain applications.
CRS Releases Legal Sidebar on Asylum Processing at the Border
CRS provided a legal sidebar on the legal basics of asylum processing at the border, including why it’s a challenging issue, the statutory framework for asylum processing at the border, how the executive branch has implemented the statutory framework, and regulatory outlook and reform proposals.
CA1 Says BIA Did Not Err in Finding That Asylum Applicant Failed to Prove His Chinese Citizenship
The court held that the BIA and IJ properly found that the petitioner had failed to prove his Chinese citizenship on the basis of a lack of corroborating evidence, and thus found that he could not base his asylum application on a fear of returning to China. (Thile v. Garland, 3/19/21)
Talking Points Regarding the Humanitarian Challenge at the Southern Border
AILA members may find these talking points of use when talking to reporters and other stakeholders about the current situation at the southern border.
EOIR Rescinds Policy Memorandum on Case Processing at the BIA
EOIR issued a policy memo (PM 21-16) rescinding and cancelling PM 20-01, Case Processing at the Board of Immigration Appeals. Upon this rescission, the BIA returns to the case management system established by regulation that was effective on 9/25/02 to manage the Board’s caseload.
DOS 30-Day Notice and Request for Comments on Proposed Revisions to Refugee Biographic Data Sheet
DOS 30-day notice and request for comments on proposed revisions to the Refugee Biographic Data Sheet. Comments are due 4/16/21. (86 FR 14665, 3/17/21)
DHS Secretary Issues Statement on Situation at the Southwest Border
DHS Secretary Mayorkas issued a statement regarding the situation at the southwest border. The statement outlines how DHS is managing encounters with single adults and families, most of whom are being expelled, and with unaccompanied children, who are being processed by CBP for transfer to HHS.
AILA and Partners Send Letter to AG Garland Urging Reform of America's Immigration Enforcement and Judicial Systems
On March 16, 2021, AILA and coalition partners sent a letter to Attorney General Merrick Garland requesting action on various priorities, including the reprioritization of 700,000 cases in the immigration court backlog.
CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs
The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21)
CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21)
CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report
The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21)
CA9 Finds Proposed Social Group of “Salvadoran Women Who Refuse to Be Girlfriends of MS Gang Members” Is Not Cognizable
The court held that substantial evidence supported the BIA’s determination that the Salvadoran petitioner had failed to establish past harm rising to the level of persecution, and concluded that her proposed social groups were not cognizable. (Villegas Sanchez v. Garland, 3/11/21)
CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006
Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21)
EOIR to Open Houston – Greenspoint Park Immigration Court
EOIR announced it will expand its presence in Houston on March 15, 2021, by adding a new immigration court on Greenspoint Park Drive. Notice contains the court’s address, hours or operation, and telephone number.
AILA Tracks EOIR’s Historical Operational Status During Coronavirus Pandemic
This page tracks historical updates related to EOIR’s operational status during the coronavirus pandemic. Please note that this page is not updated in real time.
CA4 Finds BIA Improperly Discounted Honduran Petitioner’s Corroborating Evidence in Support of Asylum Claim
Where petitioner asserted that she and her husband had been subjected to death threats by a gang in Honduras, the court held that the BIA had improperly discounted her corroborating evidence, including affidavits, burial permits, and other documentation. (Arita-Deras v. Wilkinson, 3/4/21)
CA9 Says BIA Erred in Finding Somalian Petitioner Did Not Qualify for Exception to Firm Resettlement Bar
The court held that the BIA erred in finding that the petitioner did not qualify for an exception to the firm resettlement bar, and that the evidence compelled the conclusion that he had suffered past persecution in Somalia on account of a protected ground. (Aden v. Wilkinson, 3/4/21)
Practice Advisory: Information for Attorneys Representing Clients Currently in the Migrant Protection Protocols (MPP)
AILA's Asylum and Refugee Committee provides a practice advisory on the operation and implementation of the initial phase of the MPP wind down, including information on how to register and assist eligible individuals for processing from Mexico into the U.S. for further removal proceedings.
DHS Begins Processing Individuals in Mexico with Active MPP Cases
DHS announced that it has begun a phased approach to processing individuals returned to Mexico with active MPP cases. On February 23, 2021, DHS announced that it will begin processing current residents of the Matamoros camp in Mexico.