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
Amicus Committee Supports Virginia Asylum Applicant Seeking In-State Tuition
In this blog post, AILA Amicus Committee member Sabrina Damast highlights the impact of amicus efforts, describing them in the context of a case affecting in-state tuition in Virginia for someone in the asylum backlog.
CA1 Finds Petitioner Failed to Show He Would More Likely Than Not Be Tortured If Removed to Guatemala
The court held that the petitioner had failed to show that the record compelled a finding other than the one that the IJ had reached, and upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Samayoa Cabrera v. Barr, 10/1/19)
Presidential Executive Order on Enhancing State and Local Involvement in Refugee Resettlement
Presidential executive order issued 9/26/19 instructing the federal government to settle refugees only in those jurisdictions in which both the state and local governments have consented to receive refugees under the DOS Reception and Placement Program. (84 FR 52355, 10/1/19)
EOIR Releases a Policy Memo on Case Processing at the BIA
EOIR released a policy memo providing guidance on the case management system for appellate adjudications by the BIA and setting internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record.
EOIR to Open New Immigration Court in Atlanta
EOIR announced it will open a new immigration court in Atlanta, Georgia, on October 15, 2019. Notice includes the court’s location, contact information, and hours of operation.
USCIS Releases Policy Guidance on Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A-
USCIS released policy guidance to USCIS officers for determining whether an applicant is eligible for asylum or refugee status or withholding of removal in light of the AG's decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution because of family ties.
EOIR Releases Asylum Decision Rates by Nationality for FY2019
EOIR released asylum rates broken down by nationality for FY2019, including information on asylum grants, denials, administrative closure, and more.
EOIR Releases Percentage of Detained Cases Completed Within Six Months for FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. In FY2019, 93 percent of initial case completions were completed in less than six months.
EOIR Releases Statistics on Credible Fear and Asylum Process for FY2019
EOIR released statistics on the percentage of individuals making credible fear claims that is granted asylum. During FY2019, IJs granted asylum to only 12 out of 100 credible fear claimants.
EOIR Releases Statistics on the Credible Fear and Asylum Process from FY2008 to FY2019
EOIR released statistics on the percentage of individuals making credible fear claims that is granted asylum. From FY2008 to FY2019, IJs granted asylum to 14 out of 100 credible fear claimants.
EOIR Released Median Completion Times for Detained Cases
EOIR released the median completion times for detained cases from FY2008 through FY2019. In FY2019, the median completion time for non-review cases was 46 days.
EOIR Released Statistics on Median Times for Pending Detained Cases
EOIR released statistics on the median times for pending detained cases from FY2008 through FY2019. In FY2019, the median pending time for non-review cases was 47 days and the median pending time for review cases was five days.
EOIR Released Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2019
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2019 (through 9/30/19).
U.S. and Honduras Sign Agreements on Immigration Enforcement and H-2 Visa Programs
U.S. and Honduras signed several agreements on immigration enforcement, data sharing, and H-2 nonimmigrant visa programs. The agreements are geared toward reducing border migration from and through Central America.
DHS OIG Finds CBP Personnel at the Tecate, California, Port of Entry Violated Immigration Laws
DHS OIG found that CBP officials at the Tecate, California, port of entry returned some asylum applicants back to Mexico, instructing them to go to other ports of entry to make asylum claims; practiced “metering;” and did not create records when they instructed individuals to go to other ports.
AILA Sends Letter Requesting Information and Access to Port Courts
AILA sent a letter to various government agencies requesting information and access to tent court facilities to observe immigration court hearings.
The United States and Honduras Sign Asylum Cooperative Agreement
The Los Angeles Times obtained a copy of an agreement signed between the U.S. and Honduras, under which adults and families seeking asylum at the U.S.-Mexico border could be sent to Honduras without the chance to seek asylum in the U.S. The U.S. and Guatemala signed a similar agreement.
District Court Says Asylum Seekers at Buffalo Federal Detention Facility Are No Longer Entitled to Bond Hearings After Six Months
A New York district court held that after the Supreme Court’s ruling in Jennings v. Rodriguez, ICE is no longer required to give individualized bond hearings to noncitizens detained for more than six months and decertified the subclass. (Abdi, et al. v. McAleenan, et al., 9/24/19)
DHS Announces Family Units at Border Who Don’t Claim Fear of Return Will Be Quickly Returned to Home Countries
DHS Acting Secretary McAleenan announced that DHS will return migrant family units arriving at the border without documents to their country of origin instead of releasing them into the U.S. interior unless they claim fear of return. Family units claiming fear will be returned to Mexico under MPP.
Press Call Recording: AILA Experts Report Live from Brownsville After Week in TX Witnessing Lack of Due Process in “Port Courts”
On a press call on September 20, 2019, AILA Senior Policy Counsel Laura Lynch and AILA Policy Counsel Leidy Perez-Davis shared their insights from a week on the ground in Laredo and Brownsville, TX, observing MPP hearings and the government’s use of “port courts.”
U.S. and El Salvador Sign Agreement to Transfer Asylum Seekers to El Salvador
U.S. and El Salvador have signed a cooperative agreement that would transfer asylum seekers who are not nationals or residents of El Salvador to El Salvador in order to seek asylum there.
TRAC Report Finds that Immigration Court’s Active Backlog Has Surpassed One Million
A TRAC report found that the immigration court’s active backload of cases has passed one million. Through the end of August 2019, the backlog was 1,007,155. A total of 384,977 new cases were filed in the first 11 months of FY2019. About 10 percent of these new filings were MPP cases.
EOIR Releases Immigration Court Video Advisals
EOIR released the prerecorded video advisals that it has begun using in some immigration courts. The videos are in English and Spanish and targeted separately to detained and non-detained individuals. EOIR has replaced interpreters at some master calendar hearings with these video advisals.
IJ Terminates Removal Proceedings After Finding DHS Inappropriately Subjected Respondents to MPP Program
The Immigration Judge terminated removal proceedings after finding that DHS inappropriately subjected respondents to the MPP program since they were not arriving aliens. In the Matter of
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Said He Was Confused by IJ’s Questioning
The court held that substantial evidence supported the BIA’s affirmance of the denial of asylum, finding that the record provided ample support for the IJ’s conclusion that the petitioner’s statements were inconsistent and that his explanation was implausible. (Loja-Paguay v. Barr, 9/16/19)