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 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.
No End in Sight: New Analysis Shows USCIS Case Processing Backlog Keeps Growing
AILA Executive Director Benjamin Johnson highlights USCIS processing delays, writing, “Even before the COVID-19 virus, backlogs and processing delays were staggering at USCIS. They have continued to grow thanks to burdensome policies and inefficient procedures that needlessly bog down the adjudicati
CRS Releases Legal Sidebar on Supreme Court’s Grant of Stay in MPP Case
CRS released a legal sidebar on the Supreme Court’s order in Wolf v. Innovation Law Lab allowing the Trump Administration to continue enforcing MPP while litigation concerning the policy’s legality continues.
DOJ’s Immigration Court Practice Manual (Updated on 3/17/20)
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.
Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak
On a press call, AILA’s Senior Policy Counsel Laura Lynch and Second Vice President Jeremy McKinney joined representatives from the NAIJ, the ICE Professionals Union, and the Harvard School of Public Health to call on EOIR to implement additional protective measures amid the COVID-19 outbreak.
AILA Sends Letter to CBP Regarding Its Response to COVID-19
AILA sent a letter to CBP concerning the impact of the COVID-19 public health emergency on CBP activities throughout ports of entry and CBP holding facilities.
CA8 Upholds Denial of Asylum to Mexican Petitioner Convicted of Possessing Meth in Minnesota
The court held that the petitioner’s conviction in Minnesota for fifth degree possession of a controlled substance, specifically methamphetamine, constituted grounds for removal, because the statute was divisible. (Rendon v. Barr, 3/12/20)
CA1 Upholds Denial of Motion to Reopen of Petitioner Who Feared Gang Violence in Guatemala
The court concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen on the grounds that he did not establish changed country conditions based on his fear of returning to Guatemala due to gang activity. (Molina v. Barr, 3/9/20)
CA8 Upholds BIA’s Denial of Asylum to Mexican Petitioner with Schizophrenia
The court held that the record was not so substantial that a reasonable factfinder would conclude that Mexico’s government targets individuals who belong to the particular social group of “individuals with schizophrenia who exhibit erratic behavior.” (Perez-Rodriguez v. Barr, 3/9/20)
Letter to DHS Requesting MPP Be Stopped Immediately in Accordance with U.S. Law
One hundred and fifty three organizations, including AILA, sent a letter to DHS urging it to uphold U.S. asylum law and to allow asylum seekers currently subject to the Migrant Protection Protocols (MPP) into the United States so they may seek refuge and protection from within the country.
BIA Rules that Interpol Red Notices May Constitute Reliable Evidence of Serious Nonpolitical Crime
The BIA ruled that an Interpol Red Notice may constitute reliable evidence for the serious nonpolitical crime bar for asylum, and that violation of §345, Salvadoran Penal Code, is “serious” within meaning of the serious nonpolitical crime bar. Matter of W-E-R-B-, 27 I&N Dec. 795 (BIA 2020)
CA9 Lifts Stay on Preliminary Injunction in Transit Ban Border Case
The court lifted the stay on a preliminary injunction thus prohibiting the government from applying the transit ban to individuals who were metered prior to July 16, 2019. (Al Otro Lado, et al., v. Wolf, 3/5/20)
CA8 Upholds BIA’s Denial of Asylum to Nigerian Petitioner Who Supported the Biafran State
The court denied the petition for review, holding that the BIA did not exceed its authority by ruling that the petitioner did not meet his burden of proof with corroborating evidence for his claimed fear of future harm in Nigeria on account of political opinion. (Uzodinma v. Barr, 3/5/20)
CA9 Grants Partial Injunction, Blocking Remain in Mexico in Ninth Circuit Jurisdiction Starting on March 12
The court stopped implementation of RIM inside the Ninth Circuit jurisdiction, but will wait until 3/12/20 for its order to take effect to see "if the Supreme Court has not in the meantime acted to reverse or otherwise modify our decision." (Innovation Law Lab et al., v. Wolf, 3/4/20)
Senators Raise Concerns That DHS-Operated "Tent Courts" Violate Asylum Seekers' Due Process Rights
On 3/3/20, Senators Elizabeth Warren (D-MA), Jeff Merkley (D-OR), and Kamala D. Harris (D-CA) sent a letter to DOJ and DHS raising concerns about the lack of access to appropriate legal services and lack of transparency at DHS-operated "tent courts" at the U.S.-Mexico border.
District Court Suspended Two Asylum Policies After Finding Ken Cuccinelli’s Appointment Violated the Federal Vacancies Reform Act
The government dismissed its appeal of a district court’s ruling that the Trump administration had illegally appointed Ken Cuccinelli to serve as the acting director of USCIS and that two immigration directives issued by him were “invalid.” (L.M.-M., et al., v. Cuccinelli, 8/13/20)
CA3 Finds Circumstances Surrounding Threats of Violence to Nicaraguan Petitioner Established Cumulative Pattern of Past Persecution
Where the petitioner, the leader of a political opposition group in Nicaragua, had been subjected to a pattern of threatening words and conduct by the ruling party, the court found she had suffered past persecution, even in the absence of physical harm. (Herrera-Reyes v. Att’y Gen., 2/28/20)
EOIR Proposed Rule Increasing Fees for Filings
EOIR proposed rule increasing the filing fees for forms and motions filed with EOIR. Comments are due 3/30/20. (85 FR 11866, 2/28/20)