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 Finds Petitioner’s Continuous Residency Did Not Commence with Grant of Parole
The court held that petitioner had failed to show that his 1997 parole constituted an “admission in any status,” and thus found he had not obtained the requisite seven years of continuous residency in the United States to be eligible for cancellation of removal. (Alanniz v. Barr, 5/20/19)
Under the Radar: The Trump Administration’s Stealth Attack on the U.S. Immigration System
Senator Edward J. Markey’s (D-MA) office released a report on President Trump’s series of high-profile policy changes that target immigrants and the communities in which they reside. The Trump administration engineered each of these policy changes to fundamentally overhaul our immigration system.
AILA Quicktake #266: Members of Congress Call on DOJ to Reverse the Matter of M-S- Decision
AILA's Senior Policy Counsel Laura Lynch provides an update on the state of our nation’s immigration courts including the letter from 55 members of Congress to Attorney General Barr asking to reverse the Matter of M-S- and AILA’s policy brief on DOJ’s “Myth vs. Fact” document.
Press Call: Representative Cárdenas and Immigration Policy Experts Discuss the Politicization of Immigration Courts
On May 17, 2019, Representative Cárdenas (D-CA) joined policy experts from AILA, as well as Professor Ingrid Eagly and retired Immigration Judge Jeff Chase on a press call to discuss the current state of our nation’s immigration system.
CBP to Construct Four Additional Temporary Structures in McAllen and Rio Grande City
CBP announced it will construct four temporary structures at both the McAllen and Rio Grande City Border Patrol stations in order to provide additional shelter for individuals awaiting their turn to be processed.
CA8 Finds BIA Provided Rational Explanation for Denial of Somali Petitioner's Motion to Reopen
The court held that the BIA did not abuse its discretion in denying the Somali petitioner’s motion to reopen, finding that the BIA gave a rational explanation for its decision, and that it need not list every possible argument for and against its decision. (Ali v. Barr, 5/17/19)
ICE Provides Data on DNA Testing Pilot at Southwest Border
ICE issued a press release with statistics on its DNA testing pilot, stating that “… HSI special agents interviewed 562 family units who presented indicia of fraud. Of those interviewed, 95 fraudulent families were identified. More than 176 fraudulent documents or claims have also been uncovered.”
Chaos, Confusion, and Danger: The Remain in Mexico Program in El Paso
Women’s Refugee Commission issued a report that shows the impact of the “Remain in Mexico” and the real-time threats to asylum-seeking families after the Commission observed hearings in April 2019 along the U.S./Mexico border.
Fifty-Five Members of Congress Call on DOJ to Reverse the Matter of M-S- Decision
On 5/15/19, Representatives Tony Cárdenas (D-CA) and Darren Soto (D-FL) and 55 colleagues sent a letter to DOJ urging it to reverse Matter of M-S- which would make people apprehended between ports with credible fear determinations ineligible for bond hearings in front of an IJ.
S. 1494: Secure and Protect Act of 2019
On 5/15/19, Senator Lindsey Graham (R-SC), introduced S. 1494. The bill would make the Flores Settlement Agreement that sets the current standards of detention of migrant children inapplicable and require asylum seekers to apply at processing centers in Central America and Mexico.
The Fight on Behalf of Transgender Asylum Seekers Detained in Pearsall
AILA Senior Counsel of Pro Bono Program Jocelyn Dyer highlights recent wins for transgender asylum seekers detained in Pearsall as part of the Immigration Justice Campaign and urges readers to get involved to help more detained immigrants get a fair day in court.
AILA Policy Brief: Facts About the State of Our Nation’s Immigration Courts
AILA issued a policy brief in response to EOIR’s Myths vs. Fact memo that was disseminated on May 8, 2019. AILA explains that EOIR’s skewed portrayal only demonstrates the urgent need for Congress to create an independent court, separate from DOJ.
Association of Immigration Judges Says DOJ’s “Myths v. Facts” Fact Sheet Filled with Errors and Misinformation
On May 13, 2019, the National Association of Immigration Judges (NAIJ) responded to EOIR’s Myths vs. Fact memo issued on May 8, 2019. Their response outlines key assertions made in the EOIR memo that “mischaracterize or misrepresent the facts.”
Presidential Proclamation 9880 Extending Proclamation 9822 for 90 Days
President Trump issued a proclamation extending the suspension and limitation from Proclamation 9822 for an additional 90 days, which would begin running if the injunction against the interim final rule at 83 FR 55934 were to be lifted. (84 FR 21229, 5/13/19)
Retired IJs and Former Members of the BIA Object to EOIR’s Dissemination of Misinformation
On May 13, 2019, retired IJs and former members of the BIA submitted a letter to EOIR Director McHenry in response to EOIR’s Myths vs. Fact memo issued on May 8, 2019. The letter characterizes EOIR’s memo as “political pandering.”
CRS Releases Legal Sidebar on Matter of M-S-
CRS released a Legal Sidebar on the statutes and regulations governing expedited removal and the detention of individuals placed in formal removal proceedings, including how the AG’s ruling in Matter of M-S- modified immigration authorities’ prior interpretation of these legal authorities.
CRS Report on “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico
CRS provided an updated analysis of the Migrant Protection Protocol, discussing recent litigation, the rollout of the policy, expedited removal, statutory authority for the policy, and other legal issues.
EOIR Releases “Myths vs. Facts About Immigration Proceedings”
EOIR released a purposed “Myths vs. Facts About Immigration Proceedings” factsheet.
Immigration Judge Grants Motion to Reopen In Absentia Order of Removal
Immigration Judge finds that if a party does not receive Notice of Hearing and is removed in absentia, said party may re-open proceedings to hear the case on its merits. The court relied on lack of evidence produced by the government in coming to its conclusion. Courtesy of Roopal Patel.
CA5 Rules in Favor of Government Where Asylum-Seeking Appellants Were Separated from Children and Deported
The court affirmed the district court’s judgment in favor of the government, holding that nothing in INA §235(b)(1)(A)(ii) prevents the government from initiating a criminal prosecution before or during the mandated asylum process. (United States v. Vasquez-Hernandez, et al., 5/8/19)
CA9 Allows “Remain in Mexico” Policy to Continue While Court Case Is Pending
The court held that the government was entitled to have the preliminary injunction stayed, thus allowing DHS's policy of returning certain asylum seekers to Mexico while they wait for an immigration court to decide their cases to continue. (Innovation Law Lab v. McAleenan, 5/7/19)
A Spotlight on Misinformation
AILA Executive Director Ben Johnson details recent misinformation from the president about the border, immigrants, and asylum seekers, and notes, “Sadly, the Trump administration's border enforcement strategy remains largely unchanged even as the nature of the challenge has changed dramatically.R
Michelle Angela Ortiz: Illuminating Injustice Through Art
AILA Senior Legal Editor Rizwan Hassan highlights a visual artist and community educator, Michelle Angela Ortiz, who has brought attention to families detained in Berks, PA, writing “we must use whatever skills and talents we have at our disposal to battle the injustices we see.“
CA5 Finds BIA Did Not Err in Declining to Evaluate Reformulated PSG
The court affirmed the BIA’s order denying the petitioners’ applications for asylum and withholding of removal, finding that the BIA did not err by refusing to consider the petitioners’ reformulated particular social group (PSG) on appeal. (Cantarero-Lagos, et al., v. Barr, 5/6/19)
CBP Opens Two Temporary Facilities on the Southwest Border
CBP announces that it has opened two temporary facilities in El Paso and Donna, Texas, near McAllen. These two soft-sided structures will house families and unaccompanied children.