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 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 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.
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.
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.
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.
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.
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.
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)