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 Submits Amicus Brief on Migrant Protection Protocol (MPP) Proceedings
AILA submitted an amicus brief arguing that given the pervasive and systemic due process violations present in MPP, it would be unjust to issue an in absentia order against a MPP respondent who failed to appear. Absent the ability to enter an in absentia order, termination is the only just result.
Presidential Determination on Refugee Admissions for FY2020
President Trump issued a determination on 11/1/19, setting the refugee admissions ceiling for FY2020 at 18,000. The determination also provides regional ceilings and admissions allocations based on category. (84 FR 65903, 11/29/19)
Practice Pointer: USCIS Rejection of Form I-589 Due to Claimed Incompleteness
Amid reports suggesting that USCIS is more frequently rejecting Form I-589 due to claimed incompleteness, this practice pointer provides tips regarding completion of the form.
Why Immigration Lawyers Should Care about the TRAP Act – It Will Address INTERPOL Abuse
AILA Member Sandra Grossman highlights the efforts in Congress to address the abuse of INTERPOL Red Notices in the U.S. immigration context and urges support for the TRAP Act which would move INTERPOL to improve transparency and deter abuse of their system.
CA9 Holds Petitioner Who Filed a Frivolous Asylum Application Was Barred from Receiving a Waiver of Removal Under INA §237(a)(1)(H)
The court denied the petition for review, holding that the frivolous asylum application bar at INA §208(d)(6) precludes an applicant from receiving all benefits under the INA, including a waiver of removal under INA §237(a)(1)(H). (Manhani v. Barr, 11/25/19)
Congress Requests Information on the Management of the Tent Courts in Laredo and Brownsville
Forty-one members of Congress sent a letter to Acting Secretary of Homeland Security Chad Wolf and the Attorney General William Bar requesting information on the management of the tent courts in Laredo and Brownsville.
Dara Lind Releases IJ Guidance Following the Federal Court Order in Al Otro Lado v. Wolf
A federal judge limited asylum ban 2.0 from being applied to individuals prevented from accessing the U.S. asylum process before the asylum ban was implemented. After ProPublica reported that IJs adjudicating these cases had not been notified about this decision, DOJ shared new guidance.
CA5 Holds It Lacks Jurisdiction to Review Motion to Reopen That VWP Participant Was Not Entitled to File
The court held that, as a Visa Waiver Program (VWP) participant, petitioner was limited to contesting his removal on the basis of an asylum application, and thus that INA §217(b)(2) barred him from challenging his deprivation of a hearing via a motion to reopen. (Lavery v. Barr, 11/22/19)
Congressional Letter to CBP Expresses Concerns over Truncated Asylum Programs
Members of Congress sent a letter led by Representative Veronica Escobar (D-TX) to the Acting Commissioner of CBP, Mark A. Morgan, expressing concerns over two new programs subjecting vulnerable individuals in El Paso, Texas to truncated asylum review processes.
EOIR to Open New Immigration Court in Los Angeles
EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation.
BIA Rescinds In Absentia Order Against Respondents Formerly in MPP
Unpublished BIA decision rescinds in absentia order sua sponte in light of DHS non-opposition stating that respondents did not receive notice after being removed from the Migrant Protection Program. Special thanks to IRAC. (Matter of M-D-R-D-, 11/21/19)
Prepping for the Next Debate: Where the Candidates Stand on Immigration
Greg Chen and Cara Pavlak highlight the positions of the Democratic presidential candidates on immigration and encourage readers to use the AILA 2020 Election Guide, and the accompanying social media toolkit, to engage on immigration during the debate.
BIA Finds Certain Informants to Be a Cognizable Social Group
Unpublished BIA decision holds “noncriminal informants that have testified against criminals” is a cognizable particular social group. Special thanks to IRAC. (Matter of L-M-M-D-, 11/19/19)
CRS Releases Report on Recent Apprehension Trends at the U.S. Southwest Border
CRS released a report on changing migration and apprehension trends at the U.S. southwest border, providing data on apprehensions by country of origin, demographic categories, family units, UACs, and total apprehensions between 2012 and 2019.
Federal Court Blocks Trump Asylum Ban from Being Applied to Thousands of Asylum Seekers
A district court provisionally certified a class and blocked the government from applying the asylum ban to a class of non-Mexican asylum seekers who were unable to make a direct asylum claim at a POE before July 16, 2019. (Al Otra Lado, Inc. v. McAleenan, 11/19/19)
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
USCIS Guidance on U.S./Guatemala Asylum Cooperative Agreement Threshold Screening
Reuters obtained USCIS training materials for asylum officers on U.S. Guatemala Asylum Cooperation Agreement threshold screening. Buzzfeed first reported the guidelines.
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
Photos from Brownsville Delegation
AILA leaders traveled to Brownsville, Texas, and witnessed firsthand how this administration is blocking access to legal representation, due process, and ultimately safety for asylum seekers.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
Disturbing Lack of Transparency Implicates Government Data Reliability
AILA Member Alison Griffith describes the recent concerns regarding the reliability of EOIR immigration court data received via FOIA and urges people to contact Congress about the need for EOIR to share accurate data upon which the public depends.
DHS Proposed Rule on Employment Authorization for Asylum Applicants
DHS proposed rule which would make multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. Comments are due 1/13/20. (84 FR 62374, 11/14/19)
BIA Vacates Adverse Credibility Determination Based On Similarity to Other Asylum Claims
Unpublished BIA decision vacates adverse credibility finding where IJ stated without elaboration that respondent’s claim resembled facts in approximately 100 other Bangladeshi asylum claims he had heard. Special thanks to IRAC. (Matter of M-U-S-, 11/14/19)