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 to Resume Hearings in Non-Detained Cases at Some Immigration Courts
EOIR announced it will resume non-detained hearings and master calendar dockets involving small numbers of respondents at immigration courts in Boston, Buffalo, Dallas, Hartford, Las Vegas, and New Orleans on 6/29/20. The option to file by email at these and some other courts will end on 8/26/20.
CA2 Remands Asylum Claim to Consider Petitioners’ Evidence of Changed Country Conditions in Indonesia
The court held that the BIA’s denial of the petitioners’ motion to reopen failed to account for relevant evidence of changed country conditions for Christians in Indonesia, and that 8 CFR §1003.2(c)(1) did not require them to submit a new asylum application. (Tanusantoso v. Barr, 6/23/20)
Senators Send Letter to EOIR Director About EOIR’s Decision to Resume Hearings Amid COVID-19 Pandemic
Senator Warren (D-MA) led a group of senators in sending a letter to EOIR Director McHenry about EOIR’s decision to resume non-detained hearings, its process for making that decision, and its communication of that decision to stakeholders. The letter echoes AILA’s concerns about EOIR’s decision.
USCIS Final Rule Removing 30-Day Processing Provision for EADs for Asylum Applicants
USCIS final rule eliminating the regulation articulating a 30-day processing timeframe for USCIS to adjudicate initial Applications for Employment Authorization for asylum applicants. The rule is effective 8/21/20. (85 FR 37502, 6/22/20)
EOIR Announces Relocation of the San Diego Immigration Court
EOIR announced that the effective date of the relocation of the San Diego Immigration Court is June 29, 2020. The new location will resume non-detained hearings on July 6, 2020. Notice includes the new location’s address, hours of operation, and telephone number.
AILA and Partners Send Letter Requesting Asylum Rule Comment Period Extension
AILA and 501 partner organizations sent a letter to various immigration agencies requesting a minimum of 60 days for public comment on a joint Notice of Proposed Rulemaking that would dismantle asylum eligibility for traumatized and vulnerable individuals.
Fight Back Against Chevron Deference in Asylum and Withholding Cases
In this blog post, AILA member Maureen Sweeney previews her AILA Law Journal article and describes several factors litigators can argue weigh against applying Chevron in asylum and withholding cases “and in favor of robust judicial review of BIA and AG decisions.“
Practice Alert: DHS and DOJ Issue Joint Statement Rescheduling Migrant Protection Protocols (MPP) Cases
On June 16, 2020, DOJ EOIR and DHS issued a joint statement on the rescheduling of MPP hearings. This practice alert provides an overview of the changes made by this statement to prior DHS procedures for MPP cases without individual notice to affected migrants or their attorneys.
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
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)
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)