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
BIA Remands Case of Asylum Applicant Who Was Unrepresented Before IJ
Unpublished BIA decision remands to consider cognizability of PSGs raised for first time on appeal—including “Guatemalan women”—because respondent was pro se before the IJ. Special thanks to IRAC. (Matter of E-E-G-R-, 11/14/19)
EOIR Director Testifies on EOIR Operations Before Senate Committee on Homeland Security and Governmental Affairs
On November 13, 2019, EOIR Director James McHenry offered testimony before the Senate Committee on Homeland Security and Governmental Affairs about the progress EOIR has made in adjudicating cases in FY2019, continuing challenges, and the impact of unauthorized migration on its operations.
Questions to Help Prepare for Direct Examination in an Asylum Hearing
A questionnaire to help you prepare for direct examination in an asylum hearing.
DOJ Settles Discrimination Claim Against Florida-Based Tech Staffing Firm
DOJ reached a settlement agreement with Perspective Talent LLC, a Pembroke Pines, Florida, IT recruiting and staffing firm, resolving a complaint that the firm discriminated against work-authorized non-U.S. citizens, including asylees, because of their citizenship status.
AILA Sends Letter to Congress Demanding Public Access to Tent Courts
On 11/12/19, AILA called on Congress to require DHS to allow public access to the tent courts and to visit the tent courts at Laredo and Brownsville in order to observe the tent court proceedings firsthand.
BIA Rules on Legal Standard Governing Reopening of Proceedings to Terminate a Grant of Asylum
BIA ruled that reopening proceedings to terminate a grant of asylum is warranted if DHS demonstrates that evidence of fraud in original proceeding was not previously available and is material if it would have called asylum eligibility into doubt. Matter of X-Q-L-, 27 I&N Dec. 704 (BIA 2019)
CRS Releases Insight Report on FY2020 Refugee Ceiling and Allocations
CRS released an “Insight” report on the FY2020 refugee ceiling and allocations, noting that “the FY2020 refugee ceiling of 18,000 is the lowest in the history of the U.S. refugee admissions program.”
BIA Solicits Amicus Briefs on Termination of Proceedings Under MPP
The BIA is soliciting amicus curiae briefs on whether the immigration judge erred in terminating proceedings when the respondent did not appear for a scheduled removal hearing after being provided notice of the hearing pursuant to MPP. Requests to Appear and briefs are due by December 5, 2019.
CA8 Upholds Denial of Motion to Reconsider of Honduran Petitioners Who Were Extorted by Mara 18 Gang
The court found that the BIA’s stated reasons for denying the petitioners’ motion for reconsideration, while cryptic, demonstrated that it had applied the proper standard and considered petitioners’ contentions. (Rodriguez de Henriquez, et al. v. Barr, 11/5/19)
CRS Releases Report on Legalization Framework Under the INA
CRS released a report on provisions for legalization under the INA, including adjustment of status, application for immigrant visa abroad, in cases of hardship to U.S. relatives, relief from persecution including asylum, withholding of removal, and CAT, and other approaches.
Standing Up for Immigrants in the Midst of an Immigration Crackdown
Karen Lucas, director of the Immigration Justice Campaign, highlights the incredible impact that pro bono help can have, writing, “Immigration attorneys…attorneys from different areas of law…and volunteers from other fields altogether, have made an immense—often lifesaving—difference.
CA1 Remands Where BIA and IJ Failed to Apply Mixed-Motives Analysis in Evaluating Asylum Claim
Where the BIA had failed to consider whether the petitioner’s persecution had mixed motivations, the court vacated the BIA’s decision denying asylum based on the Honduran petitioner’s family membership persecution claim for relief, and remanded. (Enamorado-Rodriguez v. Barr, 10/30/19)
Practice Alert: Pilot Program Being Tested in El Paso to Speed up Removal of Asylum Seekers
AILA provides a practice alert on new pilot program being tested in El Paso, Texas to speed up deportations of asylum seekers.
CLINIC’s I-730 Refugee/Asylee Family Reunification Practice Manual
The Catholic Legal Immigration Network, Inc. (CLINIC), in coordination with the United Nations High Commissioner for Refugees (UNHCR), published a practice manual on I-730 refugee/asylee family reunification. Shared with permission.
Press Call: Immigration Law and Policy Experts Discuss "Prompt Asylum Case Review" Program
On 10/28/19, immigration law and policy experts joined a press call to discuss the "Prompt Asylum Case Review" program being piloted in El Paso, Texas.
DHS Releases Assessment of the Migrant Protection Protocols (MPP)
DHS released an assessment of MPP and MPP fear-assessment protocol, noting that more than 55,000 have been returned to Mexico under MPP. DHS noted that a high proportion of MPP returnees have chosen to abandon their claims and that 13,000 MPP cases have been completed at the immigration court level.
DHS Expands MPP Operations to Eagle Pass
DHS has begun processing migrants for return to Mexico under MPP at the Eagle Pass Port of Entry in Texas, bringing the total number of ports of entry where MPP returns will be made to six. Per DHS, migrants entering via the southern border regardless of location may be returned to Mexico under MPP.
TRAC Reports Increasing IJ Caseloads and Lengthening Hearing Wait Times
TRAC reports that IJ caseloads have grown substantially under the Trump administration. By 9/30/19, 1,023,767 “active” cases were pending compared to 542,411 at the start of the administration. At some locations, immigrants now wait an average of four years before their hearing is scheduled.
The U.S. Commission on Civil Rights Releases Report on the Human Cost of President Trump’s Inhumane Immigration Policies
The Commission issued its report on the impacts of changes in immigration policy at the U.S. southern border, finding that the impact of separating immigrant families and indefinite detention is widespread, long-term, and may inflict irreversible physical, mental, and emotional trauma.
EOIR Releases Statistics on Decision Outcomes for FY2019
EOIR released statistics on outcomes of initial case decisions for FY2019 (10/1/18–9/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
Ten Destructive Measures Advanced Under USCIS Acting Director Ken Cuccinelli
In this blog post, AILA Policy Counsel Jason Boyd highlights ten measures undertaken by USCIS's Acting Director which “constitute an abandonment of USCIS's duty to fairly and efficiently facilitate legal immigration“ and urges Congress to hold the agency fully accountable.
CA9 Declines to Rehear Dai v. Sessions En Banc
The court issued an order denying the rehearing en banc of Dai v. Sessions, in which the court held that, in the absence of an explicit adverse credibility determination by the IJ or the BIA, the court must accept as true the testimony of an asylum applicant. (Dai v. Barr, 10/22/19)
AILA Urges USCIS To Modify Overbroad I-765 Requirement Affecting Asylum Seekers
On 10/22/19, AILA’s Asylum & Refugee Liaison Committee sent a letter to USCIS expressing concern regarding USCIS’s overbroad requirement that asylum applicants seeking employment authorization under the (c)(8) category furnish the agency with all criminal and arrest records.
CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House
The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19)
Members of Congress Call for Investigation of Tent Courts
A group of Democratic leaders in the House of Representatives sent a letter to the DHS Inspector General and DOJ Inspector General calling for an investigation of the use of tent facilities to adjudicate immigration hearings via video teleconference for asylum seekers subject to Remain in Mexico.