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
Reuters Releases EOIR Guidance on Asylum Ban 2.0 Implementation
After the Supreme Court allowed the third country transit rule to go into effect, EOIR issued guidance on who this ruling applies to. On September 16, 2019, Reuters reporter, Kristina Cooke, shared this guidance on Twitter.
Searching for Fairness and Transparency – A Firsthand Look at the Port Courts in Laredo and Brownsville
This week, AILA staff Laura Lynch and Leidy Perez-Davis are on the ground to observe and learn about the newly opened “port courts“ which they are describing as a “Due process disaster in the making“ - follow along all week for updates!
CRS Legal Sidebar: Third Country Asylum Rule and Ongoing Litigation
CRS released a legal sidebar on the third country asylum rule and ongoing litigation against it. As a result of the recent Supreme Court stay, the administration can implement the rule without restriction while litigation concerning its legality moves forward.
SCOTUS Lifts Nationwide Injunction of “Asylum Ban 2.0”
AILA Executive Director Benjamin Johnson responded to the SCOTUS decision lifting the nationwide injunction on the Trump administration’s “Asylum Ban 2.0.” which puts “the lives of asylum seekers back in the hands of their persecutors, including transnational gangs and cartels.”
Press Call: Immigration Law Experts Offer Debrief of “Port Courts” and Due Process Concerns
On a press call on September 12, 2019, immigration law experts discussed how the Migrant Protection Protocols program has been implemented and what they have seen on the ground in Laredo and Brownsville, TX, as “port courts” are put into use.
Immigration Law Experts Debriefed Press on “Port Courts” and Due Process Concerns
This statement includes quotes from immigration law experts relating to the newly established “port courts” and the Migrant Protection Protocols (MPP) who shared insights on the telephonic press briefing held September 12, 2019.
EOIR Provides AILA with Information on New Port Courts
EOIR provided AILA with responses to some of AILA’s questions on the operations at the new port courts in Laredo and Brownsville, Texas.
CA2 Says INA’s “Changed Circumstances” Exception Allows Applicant to Raise Multiple Claims in Asylum Application
The court held that the plain language of INA §208(a)(2)(D) compels the conclusion that the “changed circumstances” exception to the one‐year deadline for filing an asylum application refers to the entire application, rather than the individual claim. (Yang v. Barr, 7/2/19, amended 9/11/19)
Practice Pointer: DHS’s Public Charge Final Rule Does Not Affect Asylees or Refugees
This practice pointer identifies asylum and refugee-related categories exempt from the public charge ground of inadmissibility.
CA5 Upholds Denial of Asylum to Honduran Woman Who Claimed She Was Unable to Leave Her Relationship
The court held that substantial evidence supported BIA’s finding that petitioner had failed to show that she was harmed by her ex-boyfriend on account of her membership in the particular social group of Honduran women unable to leave their relationships. (Gonzales-Veliz v. Barr, 9/10/19)
USCIS Proposed Rule Removing the 30-Day Processing Provision for Asylum EADs
USCIS proposed rule removing the 30-day processing provision for initial employment authorization applications for those with pending asylum applications. Comments will be accepted until 11/8/19. (84 FR 47148, 9/9/19)
USCIS Proposing Regulation to Remove 30-Day Processing Timeline for EAD Requests from Asylum Applicants
USCIS announced a proposed regulation that would remove the current 30-day timeline for processing EAD requests from those with pending asylum applications. USCIS is also proposing removing the requirement that such applicants file for EAD renewal at least 90 days before the EAD’s expiration.
AILA Policy Brief: DHS and DOJ Are Opening Secretive Port Courts Along the Southern Border
AILA issued a policy brief that shares the little information regarding the DHS and DOJ port courts that has been made publicly available by media reports and elevates the outstanding operational issues of concern that have yet to be addressed by agencies.
Groups File Lawsuit Challenging Legitimacy of Acting USCIS Director to Issue Several Asylum Directives
Several groups filed a lawsuit in federal court against the Trump administration to challenge a set of asylum directives issued by Acting USCIS Director Ken Cuccinelli, alleging that the directives violate the U.S. Constitution and federal law. (L.M.-M., et al. v. Cuccinelli, et al., 9/6/19)
AILA Releases Eighth Edition of Asylum Primer
AILA proudly releases the 8th edition of its Asylum Primer: A Practical Guide to U.S. Asylum Law and Procedure by Dree K. Collopy. The comprehensive, practical guide to U.S. asylum law and procedure has been updated to address the myriad changes since the release of the 2015 edition.
District Court Grants Preliminary Injunction Requiring ICE to Consider Asylum Seekers for Parole
The U.S. District Court for the District of Columbia granted the plaintiffs’ motion for a preliminary injunction, requiring DHS and the ICE New Orleans Field Office to immediately restore the procedures of parole and access to parole. (Heredia Mons, et al. v. McAleenan, et al., 9/5/19)
Deprivation of Medical Care to Children in CBP Custody
The American Immigration Council, AILA, and the Catholic Legal Immigration Network filed a complaint with DHS Office for Civil Rights and Civil Liberties, DHS Office of the Inspector General, and the FBI highlighting a systematic failure to provide adequate medical care to children in CBP custody.
Complaint Demands Oversight of Customs and Border Protection (CBP) Facilities
Katie Shepherd, National Advocacy Counsel with the Immigration Justice Campaign, responds to the government’s systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody.
CA1 Remands Guatemalan OMK Member’s Untimely Motion to Reopen Based on Changed Country Conditions
The court found that petitioner had offered evidence to support her claim that Guatemala had become more dangerous for Organizacion Maya K’Iche (OMK) members, and remanded for the BIA to assess whether the evidence established a change in country conditions. (Perez-Tino v. Barr, 8/30/19)
EOIR Releases FY2018 Statistics Yearbook
EOIR released its FY2018 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by nationality, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
U.S. and El Salvador Sign Letter of Intent in Furtherance of Cooperation to Reduce Border Migration
U.S. and El Salvador signed a letter of intent to cooperate on strengthening immigration enforcement to reduce border migration, including U.S. support to establish Salvadoran repatriation capacity, and use of a program to share biometric data on third-country nationals entering their territory.
Members of Congress Seek Answers from USCIS on Suspension of Asylum Interviews
On 8/27/19, members of Congress sent a letter to USCIS Acting Director Ken Cuccinelli expressing concern regarding the decision to indefinitely suspend new asylum interviews in the Boston Asylum Sub-Office and reassign staff to the southern border.
CA1 Upholds Denial of Asylum to 21-Year-Old Salvadoran Who Suffered Abuse by Family Members
The court held that substantial evidence supported the agency’s findings that petitioner was no longer a member of his proposed social group composed of minors, and that changed circumstances in El Salvador made his fears of future persecution unfounded. (Miranda-Bojorquez v. Barr, 8/27/19)
CA9 Upholds Denial of Asylum to Indian Citizen Who Engaged in Whistleblowing Activities Exposing Police Corruption
Rejecting petitioner’s argument that Matter of N–M– is an unreasonable interpretation of the INA, the court held that petitioner had not established that he was persecuted because of his political opinion during confrontations with police in Punjab, India. (Singh v. Barr, 8/27/19)
DHS Reprogramming and Transferring $271 Million to Fund ICE Detention Beds and Open Temporary MPP Immigration Hearing Facilities
DHS announced that it is reprogramming and transferring $116 million of available funds to fund ICE single adult detention beds and transportation, and another $155 million to establish and operate temporary Migrant Protection Protocol (MPP) Immigration Hearing Facilities along the southern border.