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 Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the CAT. The final rule adopts the notice of proposed rulemaking published on 6/15/20 with few substantive changes. (85 FR 80274, 12/11/20)
Why I Do Federal Court Immigration Litigation: A Short Elegy
AILA member Brad Banias reflects on why he began focusing on federal court litigation and the case that started him down that path, highlighting the tremendous impact of Judge G. Ross Anderson who recently passed away
New Rule Spells Death for the Asylum System - AILA and the Council Urge the Biden Administration to Prioritize Its Undoing
AILA and American Immigration Council leadership respond to the latest asylum regulation that would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States.
CA9 Vacates and Remands BIA’s Decision in Matter of E-R-A-L-
The court issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E-R-A-L-, which pertains to establishing a particular social group based on landownership, and remanded to the BIA for further proceedings. (Albizures-Lopez v. Barr, 12/10/20)
CA9 Holds It Lacks Jurisdiction to Review IJs’ Denials of Petitioners’ Motions to Reopen Credible Fear Proceedings
The court dismissed the petitions for review of the IJ’s decisions denying the petitioners’ motions to reopen their credible fear determinations on the basis that IJs lack jurisdiction to reopen credible fear proceedings under 8 CFR §1208.30(g)(2)(iv)(A). (Singh v. Barr, 12/9/20)
An Immigrant’s Reflection on the 2020 Election Results
AILA member Paschal O. Nwokocha shares his insights as an immigrant and immigration attorney about the work to be done post-election and how we all can work together to ensure that “America is once more open to the world.“
DOS 60-Day Notice and Request for Comments on Proposed Revisions to Refugee Biographic Data Sheet
DOS 60-day notice and request for comments on proposed revisions to the Refugee Biographic Data Sheet. Comments are due 2/8/21. (85 FR 79068, 12/8/20)
DHS Issues Supplemental Policy Guidance on the Migrant Protection Protocols
DHS issued supplemental policy guidance on MPP, including on access to information about MPP, appeals, family units, mixed-nationality family units, UACs, known physical and mental health issues, use of restraints, interagency collaboration, and ongoing changes.
CA10 Upholds CAT Denial as to Nigerian Petitioner Who Alleged He Was Attacked for His Homosexuality
The court upheld the denial of Convention Against Torture (CAT) relief as to petitioner, who alleged he had been attacked in Nigeria in 2006 because of his homosexuality, finding that the BIA’s adverse credibility determination was supported by substantial evidence. (Igiebor v. Barr, 12/7/20)
DOJ’s Immigration Court Practice Manual (Updated on 12/7/20)
On December 7, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
EOIR Issues Memo Consolidating and Updating Policy Regarding the Processing of Asylum Applications
EOIR policy memo (PM 21-06) consolidates and replaces OPPM 00-01 and OPPM 13-02. It concerns processing of affirmative and defensive asylum applications, the asylum and EAD clocks, docketing, scheduling, BIA appeals, and more. This was memo was reinstated 2/3/25 after having been rescinded 4/18/22.
Practice Alert: Federal Court Enjoins New Criminal Bars to Asylum – Pangea Legal Services v. DHS Litigation Update and FAQs
On 11/19/20, in Pangea Legal Services v. DHS, a federal judge issued a TRO enjoining a final rule that set out numerous new criminal bars to asylum eligibility. This document provides an overview of the enjoined regulations and developments in the Pangea v. DHS litigation.
Practice Alert: New Scheduling Orders in Removal Proceedings
AILA has received numerous reports that members across the country have received “scheduling orders” from various immigration courts, setting short deadlines for the filing of written pleadings and applications for relief.
Notice of Proposed Settlement Regarding Asylum Applicants with Employment Authorization Who Were Denied Safety Net Assistance in New York
The NY County Supreme Court approved a proposed settlement in Colaj v. Roberts benefiting a class of asylum applicants with work authorization who were denied Safety Net Assistance between 8/7/14 and 11/21/17. Under the agreement, the applicants will get a certain amount of back benefits.
District Court Rejects Challenge to DHS’s Expedited Removal Pilot Programs
The district court found that DHS’s new detention-placement policy of the Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP) programs did not violate statutory, regulatory, or constitutional requirements. (Las Americas Immigrant Advocacy Center v. Wolf, 11/30/20)
CA4 Finds BIA Abused Its Discretion in Denying Asylum to Former Colombian Police Officer
The court held that the BIA erred in deciding that the petitioner, a retired Colombian police officer, had not shown past persecution because threats by the Revolutionary Armed Forces of Colombia (FARC) were written, and because he was never physically approached. (Bedoya v. Barr, 11/25/20)
USCIS Issues Alert on Asylum EAD Applications Following Preliminary Injunction
USCIS issued an alert regarding the steps it is taking to comply with the 9/11/20 injunction in Casa de Maryland, et al. v. Chad Wolf, et al. concerning the application of certain regulatory changes to Forms I-589 and I-765 filed by asylum applicants who are CASA or ASAP members.
CA8 Upholds BIA’s Conclusion That Somali Government Would Not Acquiesce in Any Torture of Petitioner by Al-Shabaab
Where petitioner sought Convention Against Torture (CAT) relief and argued that the Somali government would acquiesce in his torture, the court held that the record did not show that the Somali government had willfully turned a blind eye to Al-Shabaab’s activities. (Moallin v. Barr, 11/23/20)
How You Can Fight the Wrongful Deportation of Cameroonian Asylum Seekers
In this blog post, Director of the Immigration Justice Campaign Karen Lucas highlights the harm faced by Cameroonian asylum seekers who are being wrongfully deported by ICE and urges the public to take action to draw attention to this injustice.
Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration
AILA members Angelo A. Paparelli and Stephen Yale-Loehr offer some insights and ideas for the incoming Biden-Harris administration on actions that would make the immigration system more transparent, efficient, and welcoming.
Practice Pointer: How to Use Expert Witnesses in Immigration Court After Matter of J-G-T-
Practice pointer with tip on proffering an expert following Matter of J-G-T-, 28 I & N Dec. 97 (BIA 2020), which concerns an IJ's duty to make findings regarding expert testimony. Special thanks to the AILA Asylum and Refugee Committee.
Federal Judge Issues Nationwide Injunction Against Rule Restricting Asylum Eligibility
A district court issued a nationwide injunction against a rule issued on 10/21/20 that created new categories that would bar individuals from being eligible for asylum, which were scheduled to go into effect on 11/20/20. (Pangea Legal Services et al., v. DHS, et al., 11/19/20)
AILA Submits Amicus Brief on Nonstate Actor Determination in Asylum Claims
AILA submitted an amicus brief in Sylvestre v. Barr requesting the Ninth Circuit to remand the case back to BIA and clarify the standard of review applicable to appeals when making nonstate actor determinations for asylum and withholding for removals.
USCIS Issues Memo on Expanding Interviews to Refugee/Asylee Relative Petitions
USCIS issued a policy memo stating that it will require most petitioners to appear for an interview in connection with Form I-730. USCIS will implement the expansion of in-person petitioner interviews in phases and will provide advance public notice before each phase is implemented.