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
USCIS and EOIR Delay Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR document delaying the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20), which was scheduled to become effective on 1/22/21. The effective date is delayed until 3/22/21. (86 FR 6847, 1/25/21)
DOS Suspends Refugee Program for U.S.-Affiliated Iraqis for 90 Days
DOS announced that, effective January 22, 2021, the U.S. is suspending the Direct Access Program for U.S.-Affiliated Iraqis for 90 days noting that it needs to “review and address vulnerabilities” to the program that were uncovered during a joint federal investigation.
DHS Suspends New Enrollments in the MPP Program
DHS announced that it is suspending new enrollments in the Migrant Protection Protocols (MPP) Program and will cease adding individuals into the program effective 1/21/21. DHS advised current MPP participants to remain where they are, pending further information.
TRAC Releases Report on the State of the Immigration Courts
TRAC released a report on the immigration court backlog, which rose to 1.3 million during the Trump administration. The report includes information on length of wait times, backlogs and wait times across the country, grounds alleged by government, backlogs and wait times by nationality, and more.
Senate Democrats Release Report on Asylum Cooperative Agreements
The Democratic staff of the Senate Committee on Foreign Relations released a report on the Trump administration’s Asylum Cooperative Agreements (ACA), finding that since the implementation of the U.S.-Guatemala ACA, none of the 945 asylum seekers transferred to Guatemala have been granted asylum.
Acting Attorney General Issues New Decision in Matter of A-B-
The Acting Attorney General provided additional guidance on asylum cases involving applicants who claim persecution by non-government actors and membership in a PSG and remanded to the Board to issue a new opinion consistent with this opinion. Matter of A-B- 28 I&N Dec. 199 (A.G. 2021)
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.
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)
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)
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)
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)
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)
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)
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01. 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 reinstated on 2/3/25 after having been rescinded on 4/18/22.
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.