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
Practice Alert: Important Updates Regarding Form I-765, Application for Employment Authorization
AILA updated its practice alert regarding the current filing fees for Form I-765 and other key considerations in light of the 9/29/20 preliminary injunction of the new USCIS fee rule as well as the 9/11/20 preliminary injunction in Casa de Maryland et al., v. Chad Wolf.
CA1 Upholds Asylum Denial to Kenyan Petitioner Who Opposed Al-Shabaab
The court upheld the BIA’s denial of asylum, finding that terror attacks in Kenya by Al-Shabaab constituted generalized violence, and rejecting the petitioner’s proposed social group of westernized and Americanized Christian Kenyans who oppose Al-Shabaab. (Zhakira v. Barr, 10/2/20)
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on asylum applicant in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued 6,928 in absentia removal orders for asylum applicants.
EOIR Releases Statistics on Administratively Closed Cases
EOIR released statistics on administratively closed cases from FY2008 through FY2020. At the end of FY2020, EOIR had 310,627 inactive pending cases.
EOIR Released Statistics on In Absentia Removal Orders
EOIR released statistics on in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 86,555 in absentia removal orders.
EOIR Releases Statistics on New Cases and Total Completions
EOIR released statistics on new cases and total case completions from FY2008 through FY2020. As of the end of FY2020, EOIR had receipts for 361,982 new cases and 231,237 total case completions.
EOIR Releases Statistics on Asylum Rates
EOIR released statistics on asylum decision rates from FY2008 through the FY2020. At the end of FY2020, EOIR had a 54.55 percent denial rate and a 19.12 percent grant rate.
EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim
EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.
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.