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 Policy Brief: Public Access to Tent Courts Now Allowed, but Meaningful Access Still Absent
AILA issued a policy brief following DHS’s announcement that it has opened the Laredo and Brownsville tent courts for court observers. DHS and DOJ have operationalized this directive in a way that fails to allow meaningful access to the tent court facilities and imposes new hurdles to transparency.
TRAC Reports Record Number of Asylum Cases in FY2019
TRAC reports that immigration judges decided a record number of asylum cases – 67,406 cases – in FY2019. The number of immigrants denied asylum or other relief grew from 9,716 immigrants to 46,735 between FY2014 and FY2019. On average, applicants waited three years for their cases to be decided.
UN Issues Decision Stating Climate Change Refugees Cannot Be Sent Home
The United Nations Human Rights Committee issued a decision recognizing the right to claim refuge because of the climate crisis. These decisions are not legally binding and the decision is unlikely to affect U.S. immigration policy.
Family of Asylum Seekers Separated by Migrant Protection Protocols Files Lawsuit Seeking Reunification
A family of asylum seekers from Central America separated by the “Migrant Protection Protocols” (MPP) filed a lawsuit in federal court alleging that the Trump administration’s policy violates federal law and the U.S. Constitution. (Constanza Lemus, et al. v. Wolf, et al., 1/3/20)
The Travel Ban – Iran as an Example of Why the Administration Should Revisit This Cruel Policy
AILA BOG member Ally Bolour describes the impact of the administration's travel ban, using the example of Iran to show how and why the ban is “cruel and unnecessary.“ He urges everyone to “continue to fight against it for all those impacted, their families, American businesses, and our communi
DHS Expands MPP Operations to Nogales Port of Entry in Arizona
DHS has begun processing migrants for return to Mexico under MPP at the Nogales Port of Entry in Arizona, bringing the total number of ports of entry where MPP returns will be made to seven.
Sign-on Letter Requesting an Extension of the 30-Day Comment Period for Proposed Rule Regarding Asylum Eligibility
On 1/2/20, AILA and other organizations signed onto a letter requesting USCIS extend the comment period from 30 days to 60 days for the recent rulemaking issued with regards to asylum eligibility.
CA7 Upholds Denial of Motion to Reopen Where Mexican Petitioner Alleged Ineffective Assistance of Counsel
The court held that the BIA did not abuse its discretion in denying petitioner’s motion to reopen based on her attorney’s allegedly ineffective assistance in not advancing her claim she would be persecuted upon return to Mexico as a result of mental illness. (Garcia-Arce v. Barr, 12/30/19)
CA10 Remands Withholding of Removal Claim to Consider Petitioner’s Pattern-or-Practice Argument
The court remanded the case to the BIA for further consideration of the petitioner’s withholding of removal claim, in order to determine whether his fear of future persecution was based on a pattern or practice of the Democratic Republic of the Congo government. (Matumona v. Barr, 12/30/19)
They/Them/Ours
In this blog post, part of the Diversity and Inclusion Blog Post series, AILA Member Sarah Pitney describes how taking 30 seconds to discuss pronouns with a client or colleague can ensure your firm is more welcoming and inclusive.
CA9 Says Noncitizens Subject to Expedited Removal Under INA §238 Have Statutory Right to Counsel in Reasonable Fear Proceedings
The court held that, based on the plain language of INA §238, noncitizens who have been convicted of aggravated felonies and who are subject to expedited removal under §238 have a statutory right to counsel in reasonable fear proceedings before IJs. (Zuniga v. Barr, 8/20/19, amended 12/26/19)
CA11 Denies Emergency Stay of Removal Where Petitioner Failed to Show a Change in Country Conditions in Jamaica
The court held that petitioner was not entitled to an emergency stay of removal, concluding that the BIA had reasonably found he had failed to show a change in country conditions in Jamaica, and thus was not exempt from the deadline to file a motion to reopen. (Blake v. Att’y Gen., 12/23/19)
DHS OIG Finds No Misconduct or Malfeasance by DHS Personnel in Death of Eight-Year-Old Guatemalan Child in CBP Custody
DHS OIG completed an investigation into the death of an eight-year-old Guatemalan child who died in CBP custody in December 2018. The investigation found no misconduct or malfeasance by DHS personnel.
DHS OIG Finds No Misconduct or Malfeasance by DHS Personnel in Death of Seven-Year-Old Guatemalan Child in CBP Custody
DHS OIG completed an investigation into the death of a seven-year-old Guatemalan child who died in CBP custody in December 2018. The investigation found no misconduct or malfeasance by DHS personnel.
EOIR to Open New Immigration Court in Houston
EOIR will open a new immigration court in Houston, Texas, on S. Gessner Road on January 6, 2020. Notice includes information regarding all three Houston-area immigration courts, including court locations, contact information, and hours of operation.
USCIS Releases Guidance on Adjudicating Lesbian, Gay, Bisexual, and Intersex Refugee and Asylum Claims
USCIS released a training module with guidelines on adjudicating and considering other immigration requests by lesbian, gay, bisexual, transgender, and intersex, (LGBTI) individuals. The module addresses legal analysis of claims and interviewing considerations for LGBTI applicants.
USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility
USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. Comments are due 1/21/20. (84 FR 69640, 12/19/19)
BIA Acknowledges Limitations of Matter of A-B-
Unpublished BIA decision states that Matter of A-B-, 27 I&N Dec.316, 320 (A.G. 2018), “does not preclude all domestic violence claims without exception in the asylum context.” Special thanks to IRAC. (Matter of A-B-S-P, 12/19/19)
DOJ and DHS Propose Rule to Bar Asylum Eligibility for Individuals Convicted of Certain Criminal Offenses
DOJ and DHS issued a joint notice of proposed rulemaking to provide seven additional mandatory bars to eligibility for asylum for individuals who commit certain criminal offenses in the U.S. The proposed rule would also remove provisions regarding reconsideration of discretionary denials of asylum.
Immigrant Advocacy Groups File Suit Challenging the Weaponization of Immigration Courts
Several immigrant advocacy groups filed a lawsuit challenging the weaponization of the nation’s immigration court system, or the creation of “an adjudication system where applicants for asylum are supposed to lose.” (Las Americas Immigrant Advocacy Center v. Trump, 12/18/19)
Bearing Witness: AILA Delegation's Visit to the Southern Border
In November 2019, AILA leaders traveled to Brownsville, Texas, and witnessed firsthand how the Trump administration is blocking access to legal representation, due process, and, ultimately, safety for asylum seekers.
AILA Submits Amicus Brief on Judicial Review of Convention Against Torture (CAT) Claims
AILA submitted an amicus brief in Nasrallah v. Barr urging the Eleventh Circuit to find that 8 U.S.C. §1252(a)(2)(C) does not impede judicial review of torture claims.
DHS Releases Memos and Management Directives
DHS released memos and management directives on law enforcement, advanced parole, removal, VAWA, and other topics.
Eyes on the Border but Shut Out of the Tent Courts
In this blog post, AILA leaders share insights from the border delegation where they witnessed the terrible impact of the Remain in Mexico policy, urging “more coordination among advocates, more aggressive litigation in each immigration courtroom, more petitions and class actions…“
BIA Rules that IJs Are Not Required to Personally Identify Inconsistencies in the Record Before Relying on Them to Make Adverse Credibility Findings
BIA ruled that if inconsistencies in the record are obvious and previously identified by applicant or DHS, an IJ is not personally required to specify them and solicit an explanation before relying on them to make an adverse credibility finding. Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)