Featured Issues

Featured Issue: Asylum Under Trump 2.0

11/21/25 AILA Doc. No. 25112100. Asylum & Refugees

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.

Defend Asylum: Share Your Stories for AILA Advocacy

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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.

12/20/19 AILA Doc. No. 19122007. Admissions & Border, Asylum & Refugees
Accessible to: Member, Student, Govt/Policy, Paralegal.

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.

12/20/19 AILA Doc. No. 19122008. Admissions & Border, Asylum & Refugees
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

12/20/19 AILA Doc. No. 19122044. Asylum & Refugees, Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

12/20/19 AILA Doc. No. 21092012. Asylum & Refugees, LGBTQ
Accessible to Public.
Federal Agencies, FR Regulations & Notices

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)

12/19/19 AILA Doc. No. 19121901. Asylum & Refugees, Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

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)

12/19/19 AILA Doc. No. 20042902. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

DOJ and DHS Propose Rule to Bar Asylum Eligibility for Individuals Convicted of Certain Criminal Offenses

DOJ and DHS issued a joint notice of proposed rulemaking to provide seven additional mandatory bars to eligibility for asylum for individuals who commit certain criminal offenses in the U.S. The proposed rule would also remove provisions regarding reconsideration of discretionary denials of asylum.

12/18/19 AILA Doc. No. 19121835. Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

Immigrant Advocacy Groups File Suit Challenging the Weaponization of Immigration Courts

Several immigrant advocacy groups filed a lawsuit challenging the weaponization of the nation’s immigration court system, or the creation of “an adjudication system where applicants for asylum are supposed to lose.” (Las Americas Immigrant Advocacy Center v. Trump, 12/18/19)

12/18/19 AILA Doc. No. 19121837. Asylum & Refugees, Removal & Relief
Accessible to Public.

Bearing Witness: AILA Delegation's Visit to the Southern Border

In November 2019, AILA leaders traveled to Brownsville, Texas, and witnessed firsthand how the Trump administration is blocking access to legal representation, due process, and, ultimately, safety for asylum seekers.

12/18/19 AILA Doc. No. 19121840. Admissions & Border, Asylum & Refugees
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

DHS Releases Memos and Management Directives

DHS released memos and management directives on law enforcement, advanced parole, removal, VAWA, and other topics.

12/16/19 AILA Doc. No. 19121104. Admissions & Border, Asylum & Refugees, Removal & Relief
Accessible to Public.
Amicus Briefs/Alerts, Cases & Decisions

AILA Submits Amicus Brief on Judicial Review of Convention Against Torture (CAT) Claims

AILA submitted an amicus brief in Nasrallah v. Barr urging the Eleventh Circuit to find that 8 U.S.C. §1252(a)(2)(C) does not impede judicial review of torture claims.

12/16/19 AILA Doc. No. 20012233. Asylum & Refugees, Removal & Relief
Accessible to Public.
AILA Blog

Eyes on the Border but Shut Out of the Tent Courts

In this blog post, AILA leaders share insights from the border delegation where they witnessed the terrible impact of the Remain in Mexico policy, urging “more coordination among advocates, more aggressive litigation in each immigration courtroom, more petitions and class actions…“

Accessible to Public.
Federal Agencies, Liaison Minutes

Local EOIR Liaison Meeting Minutes with ACIJ Clay Martin and Court Administrator Ponce De Leon

Local EOIR Liaison meeting minutes with ACIJ Clay Martin and Court Administrator Ponce De Leon at the San Antonio Immigration Court. Topics discussed include MPP, NTA filing issues, E-filing, and more.

12/12/19 AILA Doc. No. 20011502. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Rules that IJs Are Not Required to Personally Identify Inconsistencies in the Record Before Relying on Them to Make Adverse Credibility Findings

BIA ruled that if inconsistencies in the record are obvious and previously identified by applicant or DHS, an IJ is not personally required to specify them and solicit an explanation before relying on them to make an adverse credibility finding. Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)

12/12/19 AILA Doc. No. 19121232. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA8 Finds Guatemalan Humanitarian Asylum Applicants Failed to Show Past Persecution Based on a Protected Ground

The court held that the BIA did not abuse its discretion in denying the petitioners’ request for humanitarian asylum, because the petitioners had failed to make an initial showing of refugee status by connecting their past persecution to a protected ground. (Mejia-Lopez v. Barr, 12/11/19)

12/11/19 AILA Doc. No. 19121804. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Finds IJ and BIA Erred in Relying on Lack of Corroboration to Support Adverse Credibility Determination

Granting the petition for review, the court held that the petitioner, who alleged that Chinese government officials had subjected her to a forced abortion, was entitled to notice and an opportunity to produce corroborating evidence or explain why it was unavailable. (Qiu v. Barr, 12/11/19)

12/11/19 AILA Doc. No. 19121805. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA8 Upholds Denial of Application for Withholding of Removal Based on Petitioner’s Membership in His Family

The court held that substantial evidence in the record supported the IJ and BIA’s finding that the petitioner had failed to establish a clear probability that he would suffer persecution in Mexico on account of his membership in his family. (De La Rosa Garcia v. Barr, 12/10/19)

12/10/19 AILA Doc. No. 19121831. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.

Former Immigration Judges Send Letter Expressing Concern Over Lack of Public Access to MPP Hearings

On 12/10/19, former immigration judges sent a letter to EOIR requesting that it investigate violations of due process rights during MPP hearings and ensure that the public has appropriate access to all immigration courts.

12/10/19 AILA Doc. No. 19121700. Admissions & Border, Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA1 Upholds Denial of Motion to Reopen Based on Changed Country Conditions in China Regarding Religious Persecution

The court held that the BIA did not abuse its discretion in denying as untimely the petitioner’s motion to reopen, because the evidence in the record showed that religious persecution in China had not sufficiently increased since the petitioner’s hearing in 2011. (Lin v. Barr, 12/10/19)

12/10/19 AILA Doc. No. 19121830. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Rules That Torturous Conduct by a Public Official Not Acting in an Official Capacity Is Not Covered by CAT

BIA ruled that only torturous conduct committed by a public official acting “in an official capacity” “under color of law” is covered by CAT. Conduct by an official not acting in an official capacity is not covered by the Convention. Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019)

12/6/19 AILA Doc. No. 19120602. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

ACLU Files Lawsuit Challenging Expedited Removal Pilot Program

The ACLU of Texas, the ACLU National, and the ACLU of DC filed a lawsuit challenging an “expedited removal” pilot program used to hold asylum seekers in CBP facilities without effective access to attorneys before they are removed. (Las Americas Immigrant Advocacy Center v. Wolf, 12/5/19)

Accessible to: Member, Student, Govt/Policy, Paralegal.

BuzzFeed News Obtains DHS’s Migrant Protection Protocols Red Team Report

BuzzFeed News published a draft DHS report on the Migrant Protection Protocols (MPP) that details how “some U.S. border officials apparently pressured asylum officers to deny immigrants entry and prevent others from being interviewed.”

12/4/19 AILA Doc. No. 20012403. Admissions & Border, Asylum & Refugees
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA5 Upholds Asylum Denial to Honduran Woman Who Was Harassed by Gang Members After Her Brother’s Murder

The court upheld the denial of asylum, finding that there was substantial evidence to conclude that the hardships petitioner had experienced in Honduras following her brother’s murder—namely, threats and men following her—did not constitute past persecution. (Martinez-Lopez v. Barr, 12/4/19)

12/4/19 AILA Doc. No. 19120635. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

CBP Statements on Travel Delays at Port of Nogales

CBP has released several statements on travel delays at the Port of Nogales following an increase in asylum seekers using vehicle lanes to seek entry into the United States. CBP has been employing Migrant Protection Protocols and metering in Arizona.

12/4/19 AILA Doc. No. 19120501. Admissions & Border, Asylum & Refugees
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA11 Says “Women in Mexico Who Are Unable to Leave Their Domestic Relationships” Is Not a Cognizable Particular Social Group

The court held that, in light of the Attorney General’s 2018 decision in Matter of A-B-, “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the INA. (Amezcua-Preciado v. Att’y Gen., 12/3/19)

12/3/19 AILA Doc. No. 19120636. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Accessible to Public.