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
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
CA5 Reverses Denial of Motion to Reopen Based on Changed Country Conditions for Women in Honduras Following Coup
The court held that BIA’s failure to address petitioner’s evidence regarding changes in country conditions in Honduras—specifically, that there was a large increase in violence against women following a military coup—constituted an abuse of discretion. (Inestroza-Antonelli v. Barr, 4/9/20)
CA5 Declines to Remand Based on Alleged Due Process Violation Where BIA Upheld IJ’s Denial of CAT Relief
The court held that even if a due process violation had occurred, petitioners failed to show that the outcome of the proceedings would have been different if the IJ had developed the record further as to their Convention Against Torture (CAT) claim. (Arteaga-Ramirez, et al. v. Barr, 4/8/20)
Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic
AILA and our partners moved for an emergency Temporary Restraining Order (TRO) against EOIR and ICE to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
DOJ’s Immigration Court Practice Manual (Updated on 4/7/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
BIA Provides Guidelines on Filing by Email
The BIA released guidelines on filing by email for all BIA filers and the email addresses to submit the briefs. Through email, the BIA will only accept Briefs, Motions to Accept Late Filed Brief, Motions for Summary Affirmance, and, if new to the case, courtesy copies of the Form EOIR-27.
CA8 Upholds Denial of Asylum to Petitioner Who Alleged She Would Be Abused in Mexico
The court held that petitioner had failed to meet her burden of showing a well-founded fear of future persecution if returned to Mexico, because she did not establish that the Mexican government was or would be unable or unwilling to control her alleged persecutors. (Galloso v. Barr, 4/7/20)
CA5 Says IJs Not Required to Provide Automatic Continuance for Asylum Applicants to Obtain Specific Corroborating Evidence
The court upheld the adverse credibility determination, rejecting the claim that IJs must provide advance notice of specific corroborating evidence needed to meet an asylum applicant’s burden of proof and an automatic continuance for the applicant to obtain it. (Avelar-Oliva v. Barr, 4/3/20)
EOIR Updates Policies on Filings and Signatures
EOIR released a policy memo noting that as of 3/31/20, EOIR has begun accepting digital and electronic signatures on all documents filed with immigration courts and the BIA. EOIR will also accept electronically-reproduced copies of documents containing digital, electronic, or “wet” signatures.
CA8 Upholds Denial of Asylum to Salvadorian Woman Who Claimed She Was Unable to Leave Domestic Relationship
The court held that the BIA’s adverse credibility findings were supported by specific, cogent reasons for disbelieving the Salvadorian petitioner, where she had failed to explain inconsistent and contradictory facts in her testimony about her relationship. (Garcia v. Barr, 4/1/20)
AILA Quicktake #285: AILA and Partners Sue EOIR and ICE Over Dangerous COVID-19 Policies
AILA’s Director of Federal Litigation Jesse Bless explains why AILA joined other immigration lawyer groups and individuals to file a lawsuit against EOIR and ICE to demand better policies in response to the COVID-19 pandemic.
EOIR Releases FY2020 Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics noting that there were 1,116,415 total pending I-862 proceedings, of which 215,003 originated with a credible fear claim. The statistics are for pending I-862 proceedings as of March 31, 2020. I-862 proceedings include removal, exclusion, and deportation hearings.
EOIR Releases Statistics on BIA Board Members
EOIR released statistics on BIA board members, temporary board members, and total board members. As of the second quarter of FY2020 (through March 31, 2020), the BIA had 16-20 board members and 4-7 temporary board members.
AILA and the Council Submit Comments Opposing EOIR’s Proposed Rule Increasing Fee for Filings
AILA and the Council submitted comments opposing EOIR’s proposed rule that would increase the filing fees for forms and motions filed with EOIR, stating that the proposed fee increases will have a substantial negative impact on the ability of certain individuals to access immigration courts.
We Must Right the Wrongs Being Committed in Our Name on Our Southern Border
AILA Asylum Committee Vice Chair Lindsay Harris describes the asylum seekers she met with just before the COVID-19 pandemic really began in the U.S. She encourages us all to take action and “right the wrongs being committed in our name on our Southern border.“
More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic
On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.
EOIR Sends Message to Stakeholders Announcing New Listserv and Information on EOIR Operations
EOIR sent a message to stakeholders announcing a new listserv to notify practitioners nationwide about court closures, re-openings, and standing orders. The message also provides contact information for EOIR’s public information officers.
Citing Coronavirus Risks and a New Irresponsible Policy for Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees,
AILA and the American Immigration Council, with over 100 other organizations, sent a letter to EOIR and ICE calling for the prioritization of the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak.
AILA and Partners Send Letter to EOIR and ICE on Legal Access in Immigration Detention and Immigration Courts During COVID-19 Pandemic
AILA, the Council, and more than 100 other organizations sent a letter urging EOIR and ICE to immediately authorize robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
AILA and Partners Submit Amicus Brief to the BIA on the Sufficiency of NTAs for Individuals in MPP
AILA and partners submitted an amicus brief urging the BIA to hold DHS accountable for unlawful behavior in omitting critical information from respondents’ NTAs to keep hidden the nature of the proceedings against them; to hold return to Mexico unlawful; and to terminate NTAs in the MPP program.
Immigration Judges, Prosecutors, and Attorneys Renew Call for Immediate Closure of All Immigration Courts
AILA, NAIJ, and AFGE #511 (ICE Professionals Union) all say that it is urgent for the public’s safety that DOJ immediately close all 68 immigration courts operated by EOIR. AILA's Second Vice President Jeremy McKinney states, “All live in-person hearings need to be immediately suspended.“
DOJ’s Immigration Court Practice Manual (Updated on 3/20/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
Advocates Call on Congress to Establish an Article I Immigration Court System
AILA and advocates sent a letter to the House Committee on the Judiciary, Subcommittee on Immigration and Citizenship, supporting the recommendation of the ABA, immigration judges, and immigration lawyers, among others, to establish an Article I Immigration Court system that is independent of DOJ.
Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures
AILA and the Council filed federal litigation on March 17, 2020, to compel DOJ to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals members.