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
Advocates File Lawsuit Challenging “Safe Third Country” Agreements
The American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, and Human Rights First filed a lawsuit challenging the Trump administration’s “safe third country” agreements with Guatemala and other nations. (U.T. v. Barr, 1/15/20)
Report on One-Year Asylum Deadline
The National Immigrant Justice Center issued a report on the one-year filing deadline for asylum seekers and the impact the deadline has on refugees whose asylum cases are decided by the BIA.
DHS Issues Response to the Migration Protection Protocols Red Team Report
DHS issued a response to the Migration Protection Protocols Red Team Report, including a list of ongoing activities as they relate to each recommendation made in the Red Team Report.
Federal Judge Finds Asylum Seekers Can Access Attorneys During Credible Fear Interviews
A district court judge found that the government may not conduct class members’ non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. (Doe v. Wolf, 1/14/20)
TRAC Finds Asylum Decisions Vary Widely Across Judges and Courts
TRAC found asylum denial rates vary widely across judges and courts. Five immigration courts decided half the cases and had a denial rate of 49%. Houston denied 92% of cases and Miami 86% compared to NY, which denied 26% and SF, which denied 30%. Twelve immigration courts had denial rates above 90%.
USCIS Releases FY2019 Report on DHS Secretary’s Application of Discretionary Authority
USCIS released a report on the DHS Secretary’s application of the discretionary authority contained in Section 212(d)(3)(B)(i) of the INA. During FY2019, USCIS applied 555 exemptions to individual applicants under the DHS Secretary’s exercise of discretionary authority.
Resolve to Do Pro Bono – One Attorney’s Experience
AILA member Kursten Phelps shares a recent volunteer experience with asylum seekers and urges that we all resolve to engage, writing, “There are naturalization clinics to staff, border assistance projects to plug into, translations, remote CFI and bond hearing assistance to support.“
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)