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
CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family
The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA's reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19)
Supreme Court Stays Injunction Against Asylum Ban 2.0
The United Nations High Commissioner of Refugees submitted an amicus brief telling the Ninth Circuit that the Trump administration’s asylum interim final rule issued on 7/16/19, “is at variance with two international law protections." (East Bay Sanctuary Covenant, et al. v. Barr, et al.)
Practice Pointer: EOIR Policy Memo, Use of Status Dockets
AILA Practice Pointer on EOIR policy memo 19-13, use of status dockets. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law."
EOIR Swears in 27 New Immigration Judges
EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges' biographical information.
EOIR Announces Case Completion Numbers for FY2019
EOIR announced that the agency’s case completion number topped 275,000 cases for FY2019, making it the second highest number of case completions in EOIR history. EOIR has 987,000 cases pending as of the end of FY2019, and saw 444,000 new cases filed in FY2019.
White House Issues Fact Sheet on Border Migration
The White House issued a document about the decline in apprehensions of immigrants at the southern border in September 2019. The document makes note of some of the administration’s recent policies to curb border migration and provides statistics on immigrant apprehensions in FY2019.
You Are the World’s Heroes
AILA Member Andrea Martinez recently participated in a Netflix Docuseries “Living Undocumented“ and in this blog post she shares the key takeaways from conversations with viewers, namely that audiences feel that the work of immigration attorneys is important, difficult, necessary, and yes, her
Organizations Urge Congress to Conduct Significant Oversight of Remain in Mexico and Use of Tent Courts by DHS and DOJ
AILA joined NIJC, Women’s Refugee Commission, and Amnesty International USA in urging Congress to conduct significant oversight of Remain in Mexico and of the use of tent courts by DHS and DOJ.
Searching for Fairness and Transparency: Port Courts in Laredo and Brownsville
In July 2019, DHS expanded the Migrant Protection Protocols (MPP) to include Laredo and Brownsville. AILA Senior Policy Counsel Laura Lynch and Policy Counsel Leidy Perez-Davis went to Texas to observe these port courts and learn more about the new policies and procedures in place.
DHS Releases Fact Sheet on Agreements with Guatemala, Honduras, and El Salvador
DHS released a fact sheet on the various agreements the United States has entered into with Guatemala, Honduras, and El Salvador to curb border migration.
EOIR Issues a Policy Memo on Administrative Review of Recognition and Accreditation Determinations
EOIR released a policy memo outlining the procedures that the EOIR Director will follow in administratively reviewing certain requests for reconsideration of determinations regarding recognition and accreditation denied by the Assistant Director for Policy.
Advocacy Groups File Lawsuit Seeking Release of Records on Government’s New Credible Fear Screening Procedures
The American Immigration Council and Tahirih Justice Center filed a lawsuit in federal court to compel the government to release records about the Trump administration’s expansion of CBP’s role in screening asylum seekers. (American Immigration Council, et al. v. CBP, et al., 10/2/19)
Amicus Committee Supports Virginia Asylum Applicant Seeking In-State Tuition
In this blog post, AILA Amicus Committee member Sabrina Damast highlights the impact of amicus efforts, describing them in the context of a case affecting in-state tuition in Virginia for someone in the asylum backlog.
EOIR Releases a Policy Memo on Case Processing at the BIA
EOIR released a policy memo providing guidance on the case management system for appellate adjudications by the BIA and setting internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record.
EOIR to Open New Immigration Court in Atlanta
EOIR announced it will open a new immigration court in Atlanta, Georgia, on October 15, 2019. Notice includes the court’s location, contact information, and hours of operation.
CA1 Finds Petitioner Failed to Show He Would More Likely Than Not Be Tortured If Removed to Guatemala
The court held that the petitioner had failed to show that the record compelled a finding other than the one that the IJ had reached, and upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Samayoa Cabrera v. Barr, 10/1/19)
Presidential Executive Order on Enhancing State and Local Involvement in Refugee Resettlement
Presidential executive order issued 9/26/19 instructing the federal government to settle refugees only in those jurisdictions in which both the state and local governments have consented to receive refugees under the DOS Reception and Placement Program. (84 FR 52355, 10/1/19)
USCIS Releases Policy Guidance on Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A-
USCIS released policy guidance to USCIS officers for determining whether an applicant is eligible for asylum or refugee status or withholding of removal in light of the AG's decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution because of family ties.
EOIR Releases Statistics on Credible Fear and Asylum Process for FY2019
EOIR released statistics on the percentage of individuals making credible fear claims that is granted asylum. During FY2019, IJs granted asylum to only 12 out of 100 credible fear claimants.
EOIR Releases Statistics on the Credible Fear and Asylum Process from FY2008 to FY2019
EOIR released statistics on the percentage of individuals making credible fear claims that is granted asylum. From FY2008 to FY2019, IJs granted asylum to 14 out of 100 credible fear claimants.
EOIR Releases Asylum Decision Rates by Nationality for FY2019
EOIR released asylum rates broken down by nationality for FY2019, including information on asylum grants, denials, administrative closure, and more.
EOIR Releases Percentage of Detained Cases Completed Within Six Months for FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. In FY2019, 93 percent of initial case completions were completed in less than six months.
EOIR Released Median Completion Times for Detained Cases
EOIR released the median completion times for detained cases from FY2008 through FY2019. In FY2019, the median completion time for non-review cases was 46 days.
EOIR Released Statistics on Median Times for Pending Detained Cases
EOIR released statistics on the median times for pending detained cases from FY2008 through FY2019. In FY2019, the median pending time for non-review cases was 47 days and the median pending time for review cases was five days.
EOIR Released Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2019
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2019 (through 9/30/19).