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
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.
Congress Calls on Secretary Pompeo and Acting Secretary McAleenan to End the Remain in Mexico Policy
Twenty-four senators call on DOS Secretary Pompeo and DHS Acting Secretary McAleenan to end the Remain in Mexico policy because they are concerned with the legality of the program and because the policy as a whole puts the lives of asylum seekers at risk.
TRAC Report Shows Number of Immigrants Awaiting Immigration Court Hearings Under Migrant Protection Protocols Increasing
TRAC found that during July 2019, 11,804 immigrants were sent to Mexico to await their MPP hearings, up from 5,883 in June. As of July-end, 26,001 immigrants have been channeled into MPP hearings. During July, 22.3 percent of newly recorded Immigration Court cases were assigned to Remain in Mexico.
U.S. Senators Urge Attorney General to Rescind Decision on Matter of L-E-A-
On 8/21/19, twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
CA11 Remands Asylum Claim of Mexican Petitioner Targeted by Cartel Due to His Father-in-Law
The court remanded the petitioner’s asylum claims, finding that the Mexican petitioner’s relationship to his father-in-law was one central reason in the Gulf Cartel’s decision to persecute the petitioner, and thus satisfied the nexus requirement. (Perez-Sanchez v. Att’y Gen., 8/21/19)
CA8 Says Denial of Unopposed Motion Is Not Presumptively an Abuse of Discretion
The court held that the denial of an unopposed, non-frivolous motion to reopen is not presumptively an abuse of discretion, and that the BIA did not abuse its discretion in ruling on the merits of the petitioner’s motion. (Mwangi v. Barr, 8/19/19)
Sign-On Letter to the U.S. Government on the Presidential Determination on Refugee Resettlement
On 8/19/19, AILA and others signed on to a letter urging the U.S. government to set a minimum Presidential Determination of 95,000 refugee admissions for FY2020, and to continue its commitment to the U.S. Resettlement Program.
Asylum Timeline
This page is currently under construction.
AILA and the Council Submit Comment Opposing “Asylum Ban 2.0” Interim Final Rule
AILA and the American Immigration Council submitted a comment, explaining how the interim final rule strips fundamental protections from vulnerable individuals fleeing persecution and would return bona fide asylum seekers to harm.
CA8 Upholds Denial of Asylum to Honduran Woman Whose Father and Brother Were Kidnapped in 2008
The court upheld the BIA’s and IJ’s denial of asylum to the petitioner, whose father and brother had been kidnapped in Honduras in 2008, finding that the petitioner fell short of establishing past persecution or a well-founded fear of future persecution. (Mejia-Ramos v. Barr, 8/15/19)
SSA POMS Update on Evidence of Asylee Status for SSN Card
SSA POMS RM 10211.205 and RM 10211.207 were recently updated to note that Form I-797 (Notice of Action) with tear off Form I-94 is acceptable evidence of asylee status for an SSN card. The change is effective starting August 15, 2019.
CA1 Upholds Denial of Asylum to Guatemalan Petitioner Who Claimed He Was Targeted by Barrio 18 Gang Members
The court held that the BIA did not err in concluding that the petitioner, whose proposed particular social group was “males who have had romantic involvement with the partners of drug dealers,” was ineligible for asylum. (Ramírez-Pérez v. Barr, 8/13/19)
DHS USCIS Releases PIA on Information Data Sharing with UNHCR
Under a 2019 MOU, UNHCR now shares biometric and associated biographic data on refugees seeking to resettle in the U.S. with DHS. USCIS conducted this PIA to evaluate the privacy risks associated with collecting and using this UNHCR data for identity verification purposes.
CRS Releases Legal Sidebar on DHS’s Reported “Metering” Policy
The Congressional Research Service (CRS) issued a Legal Sidebar on DHS’s “Remain in Mexico” policy, including a background on “metering,” the statutory framework, legal challenges to this policy, and an analysis of CBP’s metering policy as applied to individuals outside the United States.
FAQs After Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings, Despite Matter of M-S-
The American Immigration Council, and its partners, the Northwest Immigrant Rights Project and the ACLU, issued FAQs after a district court judge issued a decision modifying an existing preliminary injunction in Padilla v. U.S., requiring immigration courts to provide bond hearings.
House Members Send Bipartisan Letter on Reports of Eliminating the Refugee Resettlement for FY2020
On 8/7/19, Representatives Joe Neguse (D-CO), Mario Diaz-Balart (R-FL), and Zoe Lofgren (D-CA) led a bipartisan letter opposing the reported proposal of lowering the minimum number of refuges admitted to the United States to zero for FY2020.
El Paso Immigration Collaborative (EPIC) Seeks to Change the Asylum Landscape for Detained Immigrants
The Immigration Justice Campaign, along with local and national partners, launched the El Paso Immigration Collaborative (EPIC). EPIC seeks to increase legal representation for detained immigrants around El Paso and promote oversight of the immigration courts and detention centers in the region.
Senators Send Bipartisan Letter on Reports of Eliminating the Refugee Resettlement for FY2020
On 8/5/19, Senators James Lankford (R-OK) and Chris Coons (D-DE) led a bipartisan letter expressing concern about reports that the administration has proposed eliminating refugee resettlement for FY2020 and urging the administration to increase the refugee resettlement cap from previous years.
CA6 Upholds Denial of Asylum to Former Guatemalan Taxi Driver Who Was Threatened by Gangs
The court concluded that the BIA did not err in finding that the petitioner, a taxi driver who lived in a poppy-producing region of Guatemala and who had been threatened by gang members, had failed to articulate a particular social group. (Gonzalez-De Leon v. Barr, 8/5/19)
CA11 Remands Asylum Claims of Pakistani Petitioner Who Practices Ahmadiyya Islam
The court granted the petition for review of the BIA’s denial of asylum to the Pakistani petitioner, a practitioner of Ahmadiyya Islam, finding that the BIA did not afford the case reasoned consideration and ignored highly relevant evidence of past persecution. (Ali v. Att’y Gen., 8/5/19)
The Trump Administration’s Recent Efforts to Undermine Asylum, Explained
AILA member Catha (Nikki) Lyons describes how the administration's “Asylum Ban 2.0“ is contrary to both domestic and international laws and encourages other lawyers to do their best to inform and educate the public about U.S. laws.
CA9 Says Petitioner’s Oregon Conviction for Strangulation Is Categorically a Crime of Violence
The court held that the petitioner’s conviction in Oregon for strangulation was categorically a crime of violence aggravated felony that rendered him removable and ineligible for asylum. (Flores-Vega v. Barr, 8/2/19)
CLINIC Practice Pointer on Matter of L-E-A-
The Catholic Legal Immigration Network (CLINIC) published a practice pointer to provide practitioners with information on how to respond in the immediate term to Attorney General Barr’s 7/29/19 decision in Matter of L-E-A-.
Federal Court Strikes Down Trump Administration Rule Restricting Asylum Seekers
The court vacated the Trump administration’s interim final rule that rendered all noncitizens who entered the United States across the southern border after November 9, 2018, except at a designated port of entry, ineligible for asylum. (O.A., et al., v. Trump, et al., 8/2/19)