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
CRS Releases Report on Recent Apprehension Trends at the U.S. Southwest Border
CRS released a report on changing migration and apprehension trends at the U.S. southwest border, providing data on apprehensions by country of origin, demographic categories, family units, UACs, and total apprehensions between 2012 and 2019.
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”
Federal Court Blocks Trump Asylum Ban from Being Applied to Thousands of Asylum Seekers
A district court provisionally certified a class and blocked the government from applying the asylum ban to a class of non-Mexican asylum seekers who were unable to make a direct asylum claim at a POE before July 16, 2019. (Al Otra Lado, Inc. v. McAleenan, 11/19/19)
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
USCIS Guidance on U.S./Guatemala Asylum Cooperative Agreement Threshold Screening
Reuters obtained USCIS training materials for asylum officers on U.S. Guatemala Asylum Cooperation Agreement threshold screening. Buzzfeed first reported the guidelines.
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
Photos from Brownsville Delegation
AILA leaders traveled to Brownsville, Texas, and witnessed firsthand how this administration is blocking access to legal representation, due process, and ultimately safety for asylum seekers.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
Disturbing Lack of Transparency Implicates Government Data Reliability
AILA Member Alison Griffith describes the recent concerns regarding the reliability of EOIR immigration court data received via FOIA and urges people to contact Congress about the need for EOIR to share accurate data upon which the public depends.
DHS Proposed Rule on Employment Authorization for Asylum Applicants
DHS proposed rule which would make multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. Comments are due 1/13/20. (84 FR 62374, 11/14/19)
BIA Vacates Adverse Credibility Determination Based On Similarity to Other Asylum Claims
Unpublished BIA decision vacates adverse credibility finding where IJ stated without elaboration that respondent’s claim resembled facts in approximately 100 other Bangladeshi asylum claims he had heard. Special thanks to IRAC. (Matter of M-U-S-, 11/14/19)
BIA Remands Case of Asylum Applicant Who Was Unrepresented Before IJ
Unpublished BIA decision remands to consider cognizability of PSGs raised for first time on appeal—including “Guatemalan women”—because respondent was pro se before the IJ. Special thanks to IRAC. (Matter of E-E-G-R-, 11/14/19)
EOIR Director Testifies on EOIR Operations Before Senate Committee on Homeland Security and Governmental Affairs
On November 13, 2019, EOIR Director James McHenry offered testimony before the Senate Committee on Homeland Security and Governmental Affairs about the progress EOIR has made in adjudicating cases in FY2019, continuing challenges, and the impact of unauthorized migration on its operations.
Questions to Help Prepare for Direct Examination in an Asylum Hearing
A questionnaire to help you prepare for direct examination in an asylum hearing.
AILA Sends Letter to Congress Demanding Public Access to Tent Courts
On 11/12/19, AILA called on Congress to require DHS to allow public access to the tent courts and to visit the tent courts at Laredo and Brownsville in order to observe the tent court proceedings firsthand.
DOJ Settles Discrimination Claim Against Florida-Based Tech Staffing Firm
DOJ reached a settlement agreement with Perspective Talent LLC, a Pembroke Pines, Florida, IT recruiting and staffing firm, resolving a complaint that the firm discriminated against work-authorized non-U.S. citizens, including asylees, because of their citizenship status.
BIA Rules on Legal Standard Governing Reopening of Proceedings to Terminate a Grant of Asylum
BIA ruled that reopening proceedings to terminate a grant of asylum is warranted if DHS demonstrates that evidence of fraud in original proceeding was not previously available and is material if it would have called asylum eligibility into doubt. Matter of X-Q-L-, 27 I&N Dec. 704 (BIA 2019)
CRS Releases Insight Report on FY2020 Refugee Ceiling and Allocations
CRS released an “Insight” report on the FY2020 refugee ceiling and allocations, noting that “the FY2020 refugee ceiling of 18,000 is the lowest in the history of the U.S. refugee admissions program.”
CRS Releases Report on Legalization Framework Under the INA
CRS released a report on provisions for legalization under the INA, including adjustment of status, application for immigrant visa abroad, in cases of hardship to U.S. relatives, relief from persecution including asylum, withholding of removal, and CAT, and other approaches.
CA8 Upholds Denial of Motion to Reconsider of Honduran Petitioners Who Were Extorted by Mara 18 Gang
The court found that the BIA’s stated reasons for denying the petitioners’ motion for reconsideration, while cryptic, demonstrated that it had applied the proper standard and considered petitioners’ contentions. (Rodriguez de Henriquez, et al. v. Barr, 11/5/19)
BIA Solicits Amicus Briefs on Termination of Proceedings Under MPP
The BIA is soliciting amicus curiae briefs on whether the immigration judge erred in terminating proceedings when the respondent did not appear for a scheduled removal hearing after being provided notice of the hearing pursuant to MPP. Requests to Appear and briefs are due by December 5, 2019.
Standing Up for Immigrants in the Midst of an Immigration Crackdown
Karen Lucas, director of the Immigration Justice Campaign, highlights the incredible impact that pro bono help can have, writing, “Immigration attorneys…attorneys from different areas of law…and volunteers from other fields altogether, have made an immense—often lifesaving—difference.
CA1 Remands Where BIA and IJ Failed to Apply Mixed-Motives Analysis in Evaluating Asylum Claim
Where the BIA had failed to consider whether the petitioner’s persecution had mixed motivations, the court vacated the BIA’s decision denying asylum based on the Honduran petitioner’s family membership persecution claim for relief, and remanded. (Enamorado-Rodriguez v. Barr, 10/30/19)
Practice Alert: Pilot Program Being Tested in El Paso to Speed up Removal of Asylum Seekers
AILA provides a practice alert on new pilot program being tested in El Paso, Texas to speed up deportations of asylum seekers.