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 Upholds Asylum Denial to Indian Who Suffered Past Persecution on Account of His Religion and Political Opinion
The court found that substantial evidence supported the BIA’s determination that DHS had rebutted the presumption of future persecution by showing a change in circumstances, where DHS had cross-examined the petitioner but had not presented any evidence of its own. (Singh v. Barr, 4/3/19)
Complaint Highlights Due Process Violations in El Paso Immigration Court and Calls for Immediate Oversight
A complaint filed with DOJ’s EOIR, OIG, and OPR by the American Immigration Council and AILA highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center immigration court.
American Immigration Council and AILA File Complaint to Bring Injustice in El Paso Immigration Court to Light
The American Immigration Council and AILA filed an oversight complaint demanding investigation and highlighting systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center immigration court.
DHS Issues Statement on Situation at Southern Border
DHS Secretary Kirstjen Nielsen issued a statement about the situation at the U.S. southern border and DHS’s response. Nielsen announced that effective immediately, she is redirecting additional DHS personnel and resources to assist with the agency’s response at the border.
Secretary Nielsen Orders Additional CBP Personnel to Southern Border and Expansion of Migrant Protection Protocols
DHS Secretary Nielsen ordered CBP increase its temporary reassignment of personnel and resources to address the influx of migrants at the southern border. She also directed CBP to expand the Migrant Protection Protocols and return hundreds of additional migrants per day to Mexico.
EOIR Released Statistics on Decision Outcomes for Second Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the second quarter of FY2019 (through 3/31/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for Second Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 3/31/19, 92 percent of initial case completions took less than six months.
District Court Says Spouse of Refugee May Adjust to LPR Status Even If Marital Status Changes After Filing of the LPR Application
The court held that the plaintiff, a derivative spouse of a refugee, qualified for lawful permanent resident (LPR) status because he was married to his spouse at the time of filing, even though he was no longer married at the time of adjudication. (Dorbor v. United States, et al., 3/29/19)
CA8 Upholds Asylum Denial to Guatemalan Woman Who Was Repeatedly Abused by Domestic Partner
The court upheld the BIA’s denial of asylum, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father. (Juarez-Coronado v. Barr, 3/29/19)
Despite the #MeToo Movement, Roll-Backs in Protection Endanger Immigrant Women: It is Time for #ImmigrantWomenToo
In this blog post, Morgan Weibel shares the importance of humanitarian protections for immigrant victims of sexual assault and violence, how they are being undermined, and the need to unite behind the move to recognize and address the plight of #ImmigrantWomenToo.
CBP Announces Temporary Re-assignment of CBP Officers to Border Patrol Sectors
CBP announced that it is temporarily re-assigning up to 750 CBP officers to the San Diego, Tucson, El Paso, and Laredo Field Offices. CBP officers will support Sectors with care and custody responsibilities, including hospital watch and transportation.
EOIR Responds to AILA’s FOIA Request Regarding Matter of A-B-
EOIR provided various documents in its March 21, 2019, response to AILA’s FOIA request concerning Matter of A-B-.
CA8 Says “Salvadoran Female Heads of Households” Is Not a Cognizable Particular Social Group
The court held that the BIA did not err in ruling that petitioner had failed to prove past persecution on account of her membership in the social group of “Salvadoran female heads of household,” finding that the group lacked social distinction and particularity. (De Guevara v. Barr, 3/21/19)
Read All About It: ABA Report Calls for Independent Immigration Courts
Jeremy McKinney describes what he is seeing in his practice which underscores the need for an independent immigration court, a call echoed by the American Bar Association's new report on the immigration system released March 20, 2019.
CA9 Upholds Denial of Asylum to Mexican Police Officer Who Received Death Threats from Hitmen
The court held that the evidence did not compel the conclusion that the petitioner, a Mexican police officer who had received two death threats from hitmen of the Sinaloa drug cartel, had suffered past harm rising to the level of persecution. (Duran-Rodriguez v. Barr, 3/20/19)
CA4 Reverses Denial of CAT Relief to Salvadoran Who Received Death Threats from Gang
The court granted the petition for review, holding that the BIA had entirely failed to address the petitioner’s testimony that Salvadoran officials had turned a “blind eye” to death threats made by members of the 18th Street gang to petitioner and her son. (Cabrera Vasquez v. Barr, 3/20/19)
CA7 Upholds Denial of CAT Relief Where Salvadoran’s Allegations of Future Torture Were Deemed Too Speculative
The court upheld the denial of relief under the Convention Against Torture (CAT), finding that petitioner had failed to prove that he would be specifically targeted by gangs or the military in El Salvador or that the government would acquiesce in any torture. (Herrera-Garcia v. Barr, 3/18/19)
CA1 Upholds Denial of Asylum to Kenyan Petitioner Who Alleged Changed Country Conditions
The court held that the BIA did not abuse its discretion in finding that country conditions in Kenya—climbing land prices, anti-LGBT discrimination, and al-Shabaab violence—were continuing, not changed, since the petitioner’s removal proceedings in 2013. (Wanjiku v. Barr, 3/15/19)
CA6 Upholds Asylum Denial to Salvadoran Who Claimed Persecution Based on Nuclear Family Unit Membership
The court denied the petition for review, finding that petitioner’s evidence did not show that the 18th Street gang’s actions were motivated by a particular animus toward petitioner’s family itself, as opposed to an ordinary criminal desire for financial gain. (Cruz-Guzman v. Barr, 3/15/19)
On-the-Ground Advocacy at a Women and Children’s Detention Center
Recent Dilley Pro Bono Project volunteers and AILA law student members Alex George and Carolina Solano share their experience helping mothers and children incarcerated in Texas, the impact of recent policies and decisions, and why we need to #EndFamilyDetention.
AILA and Other Organizations Submit Amicus Brief on Family as a Particular Social Group
AILA, along with several other organizations and law clinics, submitted an amicus brief to the Attorney General in Matter of L-E-A, arguing that family ties alone can form a particular social group.
“Migrant Protection Protocols” Policy is a Death Sentence for Asylum Seekers
Katie Shepherd, National Advocacy Counsel for the Immigration Justice Campaign, writes about the immense harm and due process obstacles asylum seekers will face in light of the “Migrant Protection Protocols“ or “Remain in Mexico“ policy, and why Secretary Nielsen must immediately halt it
CA8 Upholds Denial of Asylum to Petitioner Who Feared Persecution in Guatemala Due to His Mam Ethnicity
The court held that the petitioner, who feared persecution on account of his Mam ethnicity from the Zetas criminal organization and others if returned to Guatemala, failed to establish an objective nexus between fear of future persecution and a protected ground. (Martin v. Barr, 3/5/19)
USCIS Processing Delays Soared While Application Rates Fell
AILA Policy Counsel Jason Boyd highlights newly released USCIS data and shows how the new information “has cast an even harsher glare on the agency's well-documented failure to process its caseload in a timely fashion.“
USCIS Releases Memo on Processing I-730 Petitions
USCIS released a memo providing I-730 guidance and updates. Per the memo, USCIS adjudicators must refer certain I-730 petitions to ICE so it can determine whether to pursue enforcement action against the beneficiary before USCIS adjudicates the petition. Courtesy Pangea Legal Services and NILA.