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
The Administration is Weaponizing COVID-19 to End Immigration
AILA Past President Ira Kurzban details how the Trump Administration has weaponized the COVID-19 pandemic to implement long-sought immigration policies, banning immigrants and non-immigrants alike.
Administration Plans Unnecessary and Unconscionable Ban on Asylum Seekers Masked Behind False Public Health Premise
AILA and the Council expressed deep concern about the administration’s soon-to-be-published proposed rule that would allow DHS to ban people from seeking asylum or withholding of removal in the United States solely because they traveled from or through a country under threat by a serious disease.
EOIR to Resume Hearings in Non-Detained Cases at the Baltimore, Detroit, and Newark Immigration Courts
EOIR announced that it will resume non-detained individual (merits) hearings and master calendar dockets involving relatively small numbers of respondents at the Baltimore, Detroit, and Newark immigration courts on 7/13/20. The option to file by email at these courts will end on 9/13/20.
CA8 Finds It Lacks Jurisdiction to Consider Petitioner’s Arguments Concerning Changed Country Conditions in Somalia
The court held that it lacked jurisdiction to review the vast majority of the petitioner’s arguments concerning his motion to reopen his asylum and withholding of removal claims based on changed country conditions in Somalia. (Sharif v. Barr, 7/7/20)
CRS Releases Legal Sidebar on Supreme Court’s Decision to Uphold Limited Review of Expedited Removal
CRS released a legal sidebar on the Supreme Court’s decision in DHS v. Thuraissigiam which upheld restrictions on the ability of an individual in expedited removal to challenge matters other than the detention’s lawfulness. The sidebar explores the decision, its implications, and more.
DOJ’s Immigration Court Practice Manual (Updated on 7/2/20)
On July 2, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
EOIR to Resume Hearings in Non-Detained Cases at the Chicago, Cleveland, Philadelphia, and Saipan Immigration Courts
EOIR will resume non-detained individual (merits) hearings and master calendar dockets including relatively small number of respondents at the Chicago, Cleveland, Philadelphia, and Saipan immigration courts on 7/6/20. The option to file by email at these courts and at York will end on 9/6/20.
EOIR Released Rates of Asylum Filings in Cases Originating with a Credible Fear Claim
EOIR released statistics on the rate of asylum filings in cases originating with a credible fear claim, from FY2008 through the third quarter of FY2020. Through June 30, 2020, the rate was 62 percent.
EOIR Released Statistics on Credible Fear Review and Reasonable Fear Review Decisions
EOIR released statistics on credible fear review and reasonable fear review decisions from FY2000 through the third quarter of FY2020.
EOIR Released Statistics on Defensive Asylum Applications
EOIR released statistics on defensive asylum applications from FY2008 through the third quarter of FY2020. In FY2020 (through June 30, 2020), EOIR received 123,615 defensive asylum applications and granted 9,868 applications, for a defensive receipts to grants ratio of 12.52:1.
EOIR Releases Statistics on Affirmative Asylum Applications
EOIR released statistics on the total number of affirmative asylum applications filed and granted from FY2008 through the third quarter of FY2020. In FY2020 (through June 30, 2020), the affirmative receipts to affirmative grants ratio was 9.02:1.
EOIR Releases Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics on all pending I-862 proceedings and pending I-862 proceedings originating with a credible fear claim. As of June 30, 2020, EOIR had a total of 1,199,965 pending I-862 proceedings, out of which 223,118 originated with a credible fear claim.
EOIR Released Asylum Decision and Filing Rates in Cases Originating with a Credible Fear Claim
EOIR released data on asylum decision rates (grants, denials, administrative closure, and other) and asylum filing rates for cases that originated with a credible fear claim for FY2008 through the third quarter of FY2020 (through June 30, 2020).
District Court Vacates Third-Country Transit Ban, Effective Immediately
A federal judge found the government unlawfully promulgated the 2019 interim final rule that categorically disqualified individuals from receiving asylum unless they sought protection in another country before entering the southern border. (CAIR Coalition et al., v. Trump et al., 6/30/20)
EOIR Releases Asylum Decision Rates by Nationality for FY2020
EOIR released asylum rates broken down by nationality for FY2020, including information on asylum grants, denials, administrative closure, and more.
EOIR Releases Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2020
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2020 (through 6/30/20).
USCIS Hypocrisy Reaches New Levels
Asylum experts Dree Collopy and Lindsay Harris highlight the ways in which asylum adjudication inefficiencies have contributed to USCIS' $1.2 billion budget shortfall and urge that Congress hold USCIS accountable, linking to AILA's Take Action on the issue that members of the public can easily use.
Impact on Rosario Class Members: New Rule Eliminating 30-Day Processing Deadline for Adjudication of Employment Applications Filed by Initia
The American Immigration Council and partners provide a practice alert on Rosario v. USCIS addressing a final rule that eliminates the 30-day processing deadline for the adjudication of EAD applications for first-time asylum applicants.
CA9 Finds Asylum Applicant’s Testimony Alone Was Not Sufficient to Satisfy Social Distinction Requirement for PSGs
The court held that petitioner had failed to establish that his proposed particular social groups (PSGs) comprised of “Mexican professionals who refuse to cooperate with drug cartels” and “agronomists who refuse to help cultivate drugs” were socially distinct. (Diaz-Torres v. Barr, 6/29/20)
CA4 Upholds Asylum Denial to Salvadoran Who Feared Persecution by His Brother’s Murderers
The court held that substantial evidence supported the BIA’s conclusion that the attackers who threatened the petitioner were motivated by a desire to prevent him from reporting his brother’s murder to the police, and not by the petitioner’s family ties. (Cedillos-Cedillos v. Barr, 6/26/20)
CA8 Finds BIA Did Not Err in Denying CAT Relief to HIV-Positive Member of the Begedi Clan in Somalia
The court upheld the BIA’s denial of petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the IJ had clearly erred in forecasting that petitioner would more likely than not be tortured if returned to Somalia. (Abdi Omar v. Barr, 6/26/20)
CA9 Finds Mexican Petitioner Targeted by Los Zetas Drug Cartel Is Entitled to CAT Relief
The court held that the evidence compelled the conclusion that it was more likely than not Los Zetas would target petitioner for murder or other torture if she were removed to Mexico, and remanded for the BIA to grant Convention Against Torture (CAT) relief. (Xochihua-Jaimes v. Barr, 6/26/20)
USCIS Final Rule on Employment Authorization for Asylum Applicants
USCIS final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective 8/25/20. (85 FR 38532, 6/26/20)
Supreme Court Says INA §242(e)(2) Does Not Violate Suspension or Due Process Clauses
The U.S. Supreme Court held that, as applied in the case, INA §242(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the Suspension or Due Process Clauses of the Constitution. (DHS v. Thuraissigiam, 6/25/20)
CA7 Upholds Denial of Asylum to Argentinian Petitioner Who Alleged Persecution Based on His Family Membership
The court held that the record supported the BIA’s conclusion that petitioner had not presented a case warranting relief because of a credible fear of persecution or torture, and that the BIA had correctly determined that a waiver signed upon his entry was valid. (Ferreyra v. Barr, 6/16/20)