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
TRAC Says Public Should Not Rely on Accuracy of Immigration Court Records
TRAC received a letter from the EOIR director in response to reports of missing EOIR data. Per TRAC, “Instead of addressing the obvious serious data management problems at EOIR, Director McHenry denied there were any problems and attacked TRAC's motives for spreading … falsehoods about the agency.”
CA9 Finds “Wealthy Landowners” in Colombia Is Not a PSG
Denying the petition for review, the court held that the BIA had properly concluded that the petitioner’s proposed particular social group (PSG) of wealthy landowners in Colombia was not cognizable, because it lacked particularity and social distinction. (Cordoba v. Barr, 6/16/20)
DHS and EOIR Postpone MPP Hearings Scheduled Through July 17, 2020
DHS and EOIR issued a joint statement postponing MPP hearings and in-person document service through, and including, July 17, 2020. DHS and EOIR anticipate the resumption of hearings on July 20, 2020.
AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket
AILA, the Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR recommending that the overwhelming majority of non-detained hearings be postponed for the duration of the national public health emergency. Additional recommendations include a moratorium on the issuance of in absentia orders.
Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). (85 FR 36264, 6/15/20)
Practice Alert: ICE Forces Parents in Detention to Choose Between Indefinite Detention and Separation from Children
AILA issued a practice alert on reports that ICE asked immigrants detained in family detention centers to choose between being separated from their children and having the children being released or remaining in indefinite detention.
BIA Rules on Motions to Reopen Based on Changed Country Conditions
The BIA ruled that to prevail on an MTR alleging changed country conditions, respondents must overcome any prior determinations of adverse credibility or show that the new claim is independent of the evidence that was previously found not credible. Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
AILA: Proposed Rule Would Deny Asylum Seekers Fundamental Human Rights
The Trump Administration’s proposed rule seeks to fundamentally rewrite U.S. asylum laws and policies, and remove almost any chance for those fleeing persecution to gain protection. AILA highlights some changes of extreme concern, and we urge the public to comment on the proposed rule.
EOIR Issues Memo Rescinding and Cancelling Outdated Operating Policies and Procedures Memoranda
EOIR issued a memo rescinding several Operating Policies and Procedures Memoranda (OPPM) that were issued a decade ago and have become outdated or unnecessary. These include OPPM 06-02 on delegation of signature authority, OPPM 08-02 on claims for compensatory time off for travel, and more.
DOJ’s Immigration Court Practice Manual (Updated on 6/11/20)
On June 11, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
GAO Says CBP Misused Appropriations for Food and Medical Care for Migrants
GAO found that CBP used FY2019 supp. appropriations meant for "consumables and medical care" and "migrant care and processing facilities" for "goods and services for which the line items were not available," including for canines, boats, ATVs, and HVAC and sewer system upgrades, among other things.
EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic
EOIR issued a policy memo updating its guidance regarding practices adopted by its adjudicatory components related to COVID-19. This policy memo is effective immediately and supersedes the March 18, 2020, policy memo on immigration court practices during the COVID-19 outbreak.
EOIR To Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court
EOIR announced that it plans to resume individual (merits) non-detained hearings at the Honolulu Immigration Court on June 15, 2020. EOIR will also resume master calendar dockets involving relatively small number of respondents.
CA2 Remands CAT Claim of Petitioner Who Fled El Salvador After Threats from MS-13 Gang
The court held that the IJ erred as a matter of law in penalizing the petitioner for her prompt flight from El Salvador after members of the MS-13 gang threatened her, and thus remanded her Convention Against Torture (CAT) claim to the BIA. (Martinez De Artiga v. Barr, 6/10/20)
Do Not Pass Go, Do Not Collect $1 Billion Dollars Without Changes at USCIS
AILA Director of Government Relations Sharvari Dalal-Dheini shares insights from her time at USCIS related to the agency's request to Congress for $1.2 billion, and urges Congress to “ensure that the agency is transparent about its spending, accountable for its inefficiencies, and on track towards f
CA5 Upholds BIA’s Denial of Asylum to Petitioner from Trinidad and Tobago Who Alleged Membership in Three PSGs
The court held that petitioner had failed to demonstrate a legal or constitutional error in BIA’s denial of his application for asylum based on membership in three alleged particular social groups (PSGs), including children unable to leave a family relationship. (Alexis v. Barr, 6/8/20)
CA4 Reverses District Court with Instructions to Dismiss Plaintiffs’ Complaints in Travel Ban Case
In light of the U.S. Supreme Court’s decision in Trump v. Hawaii, the court reversed the district court’s order of May 2, 2019, denying the government’s motion to dismiss, and remanded with instructions to dismiss the plaintiffs’ complaints with prejudice. (IRAP v. Trump, 6/8/20)
TRAC Releases Report on the Impact of Immigration Court Hearing Cancellations Due to COVID-19
TRAC estimates that cancelled immigration court hearings due to COVID-19 will “increase hearing delays for months and probably years to come.” TRAC estimates that with scheduling delays in the court’s exiting backlog taken into account, 850,000 immigrants may well be affected by the shutdown.
CA9 Says Government Failed to Afford Petitioners Due Process in Terminating Their Asylum Status
Granting the petition for review, the court held that the government violated the petitioners’ due process rights by failing to provide them a full and fair opportunity to rebut the government’s fraud allegations before terminating their asylum status. (Grigoryan v. Barr, 6/2/20)
DOJ OIG Releases Audit of EOIR's FY2019 Financial Management Practices
DOJ OIG released an audit of EOIR's financial management practices, identifying weaknesses in EOIR's budget planning process. The report recommends that EOIR make better use of financial management data available to leadership and that leadership improve its communications with its budget staff.
DOS OIG Issues Report Noting That Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement
DOS OIG released a report noting that the method for collecting, verifying, and reporting applicant wait times for the Afghan SIV program is "inconsistent and potentially flawed" and that the entities responsible for reporting wait times are using different methodologies to calculate them.
SCOTUS Held that Courts Can Review Factual Challenges to a CAT Order
The Supreme Court found that 8 U. S. C. § 1252(a)(2)(C) and (D) do not preclude judicial review of factual challenges to an order denying relief under CAT, which protects noncitizens from removal to a country where they would likely face torture. (Nasrallah v. Barr, 6/1/20)
USCIS Publishes FY2019 Report on the Use of Special Immigrant Status for Iraqis and Afghanis
USCIS published a report showing the number of individuals who applied for status as special immigrants in FY2019 under the programs authorized by Section 1244 of the Refugee Crisis in Iraq Act of 2007 and Section 602(b) of the Afghan Allies Protection Act of 2009.
DHS OIG Reports That CBP Separated More Asylum-Seeking Families at Ports of Entry Than Reported
DHS OIG reported CBP separated at least 60 asylum-seeking families from May 6-July 9, 2018, despite reporting only seven separations. DHS OIG determined that the separations were based solely on the parents’ prior nonviolent immigration violations and were inconsistent with DHS’s public messaging.
CA8 Upholds Denial of Asylum to Salvadoran Who Claimed He Would Face Persecution by Mara 18 Gang Members
The court found that the BIA’s denial of asylum to the petitioner, a citizen of El Salvador who claimed he would suffer persecution based on his opposition to joining the Mara 18 gang, was supported by substantial evidence in the record. (Prieto-Pineda v. Barr, 5/28/20)