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
AILA: Trump Administration’s Indefinite Border Closure Is a Campaign Tool, Not a Public Safety Measure
AILA Executive Director Benjamin Johnson responds to the announcement by DHS and the CDC extending indefinitely their order blocking entry to asylum seekers at the U.S.-Mexico border.
CA6 Holds BIA Erred in Finding That Asylum-Seeking Mayan Indigenous Woman Could Reasonably Relocate Within Guatemala
The court found that the BIA’s conclusion that the government showed by a preponderance of the evidence that the Guatemalan petitioner could internally relocate and that it would be reasonable for her to do so was not supported by substantial evidence. (Juan Antonio v. Barr, 5/19/20)
Practice Pointer: Motion to Continue Proceedings During COVID-19
The AILA EOIR Liaison Committee provides this practice pointer as a resource for those seeking to continue proceedings where current circumstances interfere with the ability to timely produce quality work in a professional and ethical matter.
CA1 Upholds Denial of Asylum to Salvadoran Petitioner Where IJ and BIA Relied on Boston’s “Gang Assessment Database”
The court upheld the BIA’s denial of asylum, finding that the IJ’s adverse credibility determination was supported by substantial evidence, and that the introduction of law enforcement gang database records did not violate the petitioner’s due process rights. (Diaz Ortiz v. Barr, 5/15/20)
CA5 Upholds BIA’s Asylum Denial to Mexican Petitioner Whose Father Was Extorted by Zetas Drug Cartel
Finding that substantial evidence supported BIA’s denial of asylum, the court held that petitioner had failed to meet his burden to establish that it would be unreasonable for him to relocate to another part of Mexico, away from his father’s extortionists. (Munoz-Granados v. Barr, 5/12/20)
Trump Administration’s Continued Disdain for U.S. Asylum Law and Lack of Concern for Vulnerable Asylum Seekers on Display at Border
AILA opposes MPP and the new procedures announced Sunday, May 10, which create more confusion and instability for the thousands of asylum seekers waiting for their U.S. immigration court hearings in violent and dangerous conditions in Mexico.
AILA and the American Immigration Council Obtain EOIR Hiring Plan via FOIA Litigation
On 4/21/20, AILA and the Council obtained via FOIA litigation the EOIR IJ and AIJ hiring process, approved by Attorney General Barr on 3/8/19. This document revises both the IJ hiring process implemented on 3/28/18, and the process for hiring BIA members implemented on 9/12/07.
New Documents Reveal Immigration Judge Hiring Plan Designed to Stack the Courts, Prioritize Politics Over Justice
AILA Executive Director Benjamin Johnson and American Immigration Council Executive Director Beth Werlin react to documents obtained by the organizations via FOIA revealing DOJ Executive Office for Immigration Review’s updated hiring plan for Immigration Judges and Appellate Immigration Judges.
DHS Notice Containing Text of Asylum Cooperative Agreement with Honduras
DHS notice containing the text of the Asylum Cooperative Agreement between the United States and Honduras, which was signed on 9/25/19. (85 FR 25462, 5/1/20)
EOIR Swears in Three New Board Members
EOIR announced the investiture of three new members to the Board of Immigration Appeals. The new members were appointed by Attorney General William Barr in April 2020. Notice includes the new Board members’ biographical information.
CA1 Upholds Denial of Motion to Reopen of Chinese Buddhist Petitioner in Indonesia
The court upheld the BIA’s denial of untimely motion to reopen, finding that the petitioner, who alleged that she faced harm in Indonesia based on her Chinese ethnicity and Buddhist religion, had not met her burden to show materially changed country conditions. (Sutarsim v. Barr, 5/1/20)
EOIR Final Rule Extending Bar for Asylum in the Commonwealth of the Northern Mariana Islands
EOIR final rule amending the regulations to conform to changes made by Public Law 115-218, which extended the bar for asylum in the CNMI by 15 years, providing that the current bar will continue to apply for asylum applications submitted prior to 1/1/30. (85 FR 23902, 4/30/20)
DHS Responds to Human Rights First’s Concerns About COVID-19 and MPP Hearings
In response to a letter from Human Rights First, DHS clarified what individuals in MPP with hearing dates before June 22 should do in order to receive new hearing dates and tear sheets at the southern border.
EOIR Issues Memo on Adjudicating Applications for CNMI Resident Status and Extending the Asylum Application Bar for Certain Persons in the CNMI
EOIR memo provides guidance on the adjudication of CNMI Resident Status applications in removal proceedings and the extended asylum application bar for persons present or arriving in the CNMI. The guidance may affect individuals in the CNMI and cases in the Saipan and Honolulu immigration courts.
CA2 Remands Former Jamaican Police Officer’s Withholding and CAT Claims Based on Feared Gang Violence
The court held that it could not conclude on the existing record whether the BIA had considered all relevant evidence and had applied the correct legal standard in rejecting the withholding of removal and Convention Against Torture (CAT) claims of the petitioner. (Scarlett v. Barr, 4/28/20)
Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE
The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies.
Timeline of Case Challenging Immigration Court and Detention Policies in Response to COVID-19
The district judge denied the motion for a temporary restraining order (TRO). AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed a TRO challenging immigration court and detention policies during COVID-19. (NIPNLG et al., v. EOIR et al., 4/28/20)
Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)
CA8 Upholds Denial of Asylum to Mexican Mother Whose Son Was Kidnapped and Killed by Drug Cartels
The court held that substantial evidence supported BIA’s determination that petitioner did not suffer past persecution or have a well-founded fear of future persecution on account of membership in a social group consisting of immediate family members of her son. (Meza Cano v. Barr, 4/23/20)
Practice Alert: Southern Border Processing Following Border Closure Announcement
An HHS interim final rule and a CDC concurrent order closed the northern and southern borders to non-essential travel. On 4/20/20, CDC extended the order. This practice alert explains the effect of the IFR and the CDC orders, and how DHS is implementing the new policies at the southern border.
CA3 Says Persons Who Publicly Provide Assistance Against Major Salvadoran Gangs Are a Particular Social Group
The court held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group, and that the BIA erred in applying Myrie v. Attorney General when it denied CAT relief. (Guzman Orellana v. Att’y Gen., 4/17/20)
CA4 Finds BIA Erred in Denying Asylum to Guatemalan Military Member Who Threatened to Report Human Rights Abuses
The court concluded that the petitioner—who had been ordered, and repeatedly refused, to torture and kill people—had established that the past persecution he suffered at the hands of the Guatemalan military was on account of his imputed political opinion. (Lopez Ordonez v. Barr, 4/16/20)
CA3 Finds Homosexual Petitioner from Ghana Qualifies as a Refugee Under the INA
The court held that the Ghanaian petitioner had suffered past persecution and had a well-founded fear of future persecution on account of his sexual orientation and identity as a gay man, and thus that he qualified as a refugee under the INA. (Doe v. Att’y Gen., 4/16/20)
AILA and Partners Send Letter Urging Government Agencies to Address Access to Counsel Concerns in MPP Hearings
On April 15, 2020, AILA and partners sent a letter to CBP, DHS, EOIR, ICE, and USCIS urging the agencies to address access to counsel issues faced by asylum seekers subject to the Migrant Protection Protocols.