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
Acting Director of OMB Sends Congress FY2019 Emergency Supplemental Request
On 5/1/19, OMB Acting Director Russell T. Vought requested from Congress additional appropriations for processing asylum seekers at the southern border.
USCIS Updates Officer Training on Credible Fear of Persecution and Torture Determinations
USCIS updated its Refugee, Asylum, and International Operations (RAIO) Directorate Officer Training course on credible fear of persecution and torture determinations, to explain how to determine whether an individual subject to expedited removal or an arriving stowaway has a credible fear.
USCIS Acknowledges That Its Own Policies Compound Case Processing Delays
AILA Policy Counsel Jason Boyd highlights data from a recent USCIS response to Congress, noting evidence that “USCIS policies are undermining the agency's statutory mandate to efficiently process applications and petitions for immigration benefits“ and calling for USCIS to be held to account.
CLINIC Provides Overview of Matter of M-S-
CLINIC provided an overview of the Attorney General decision in Matter of M-S-, which limits immigration judges’ custody redetermination, or bond, authority for asylum seekers who enter between ports of entry. The overview includes information on the impact and challenges to the decision.
AILA: Presidential Memo Seeks to Deny Asylum Seekers Fundamental Human Rights
AILA responded to the White House memo of April 29, 2019, raising concerns that while the memo itself does not change asylum policy, it directs the DHS and DOJ to issue regulations that would dramatically alter how asylum seekers obtain protection and dilute their rights during that process.
AILA Quicktake #264: White House Releases a Presidential Memorandum on Asylum
On April 29, 2019, the White House released a presidential memorandum in response to the large numbers of people apprehended at the southern border this year. AILA Policy Counsel Leidy Perez-Davis discusses the three major changes to asylum law that the memo proposes.
White House Releases Presidential Memo with Changes to How the U.S. Handles Asylum Seekers
The White House released a memo titled, “Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System,” with dramatic changes to how the United States treats individuals seeking asylum. Memo calls on DOJ and DHS to develop policies within 90 days.
ICE Reallocates Resources to Investigate Use of Fraudulent Documents at Southwest Border
ICE announced the reallocating resources to investigate the use of fraudulent documents to “create fake families seeking to exploit U.S. immigration laws.” During April 2019, HSI conducted about 100 family unit interviews and have found evidence of fraud in “more than a quarter of cases.”
CA3 Grants Motion to Reopen Where BIA Ignored Petitioner’s Evidence of Materially Changed Country Conditions
The court vacated the BIA’s order denying the motion to reopen and remanded, holding that the BIA abused its discretion when it failed to meaningfully consider evidence and arguments presented by the Christian Indonesian petitioner and to explain its conclusions. (Liem v. Att'y Gen., 4/19/19)
CA7 Grants Asylum to Mexican Man Persecuted After Refusing to Allow Cartel Leader to “Possess” His Wife
The court found that the record compelled a finding that the torture and persecution the petitioner had suffered in the past and feared in the future were and would be because of his membership in the particular social group of his wife’s family. (Gonzalez Ruano v. Barr, 4/24/19)
ABA Sends Letter to Attorney General Urging Reconsideration of Matter of M-S-
The American Bar Association (ABA) sent a letter to Attorney General William P. Barr urging him to reconsider Matter of M-S-, stating that it “will result in an increase in length and unnecessary detention of vulnerable asylum seekers at significant cost to the government.”
CA2 Upholds Asylum Denial to Petitioner Convicted of First-Degree Assault in Connecticut
The court held that the petitioner’s conviction for first-degree assault in Connecticut was an aggravated felony, and that the invalidation of 18 USC §16(b) in Sessions v. Dimaya did not necessitate a remand to the BIA for consideration of this issue. (Banegas Gomez v. Barr, 4/23/19)
Former IJ Jeffrey Chase Discusses a Better Approach to “Unable or Unwilling” Analysis
Former Immigration Judge Jeffrey Chase discussed the Sixth Circuit decision in K.H. v. Barr and the insurmountable hurdle for K.H. to establish that the government of Guatemala was unable or unwilling to control the gang members who had persecuted her.
CA9 Vacates Nearly $1 Million Award of Attorneys’ Fees in Sexual Battery Lawsuit Against Asylum Officer
The court held that because the district court did not have the benefit of the Supreme Court’s decision in Goodyear Tire & Rubber Co. v. Haeger when it issued an award of attorneys’ fees, it failed to apply the appropriate legal framework in the case. (Lu v. United States, 4/17/19)
Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
AILA’s Asylum and Refugee Committee provided this practice pointer with tips to help ensure proper completion of Form I-589, Application for Asylum and Withholding of Removal.
Americans Abroad Among Those Being Left in the Lurch by the Trump Administration
AILA member Jeremy Weber shares insights into the vital role USCIS International Operations serve and highlights how closure of those offices will negatively impact all too many Americans, their families, American businesses, and refugees.
CA11 Upholds Asylum Denial to Salvadoran Who Received Gang Threats, over Dissent
In an unpublished decision, the court rejected the petitioner’s claim that the Atlanta Immigration Court (AIC) had denied her equal protection rights. The dissent noted that the petitioner’s statistics regarding the AIC merited further inquiry by the BIA. (Diaz-Rivas v. Att’y Gen., 4/18/19)
AILA: AG Aims to Detain Asylum Seekers, Intruding Further on Immigration Court Independence
In response to the AG’s decision in Matter of M-S-, AILA Treasurer Jeremy McKinney stated, “This decision further expands mandatory and prolonged detention of people who are neither dangerous nor flight risks, practices which are constitutionally suspect and a waste of taxpayer money.”
Attorney General Barr Strips Bond Eligibility From Asylum Seekers: Matter Of M-S- Analysis And Q&A
AILA, NIJC, Human Rights First, and Women’s Refugee Commission provide analysis and Q&A on Matter of M-S-.
AILA Quicktake #263: Attorney General Issues a Decision in Matter of M-S-
AILA’s Director of Government Relations Greg Chen discusses Matter of M-S-.
AG Finds Individual Who Is Transferred from Expedited Removal to Full Removal Is Ineligible for Release on Bond
The Attorney General found that if an individual is transferred from expedited removal to full removal proceedings after establishing credible fear, he is ineligible for bond and must be detained, unless he is granted parole. Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
S. 1103: Reforming American Immigration for a Strong Economy Act
On 4/10/19, Senator Tom Cotton (R-AR), introduced S. 1103 to establish a skill-based immigration points system, to focus family-sponsored immigration on spouses and minor children, eliminate the Diversity Visa Program, and limit the number of asylum seekers admitted to the United States.
The Chess Prodigy and Asylum Policy
AILA member and Senior Legal Editor Rizwan Hassan writes about the recent New York State Scholastic Chess child champion Tanitoluwa Adewumi as an example of the asylum seekers and refugees who have made America great over generations, urging that we take action and call for good immigration policy.
CA6 Upholds Denial of Asylum to Guatemalan Citizen Who Was Kidnapped by Gang at Seven Years Old
The court found that substantial evidence supported the BIA’s conclusion that petitioner, who was kidnapped, beaten, and raped by a gang at age seven, had failed to show that the Guatemalan government was unable or unwilling to control her persecutors and protect her. (K.H. v. Barr, 4/8/19)
AILA Quicktake #262: Asylum and the Southern Border — An Update
Reports of increasing numbers of asylum seekers at the southern border have resulted in the administration charging that the federal government cannot manage the arrivals without more resources. AILA’s Greg Chen explains why what we really need is a better management of the available resources.