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
Groups File Lawsuit Challenging Legitimacy of Acting USCIS Director to Issue Several Asylum Directives
Several groups filed a lawsuit in federal court against the Trump administration to challenge a set of asylum directives issued by Acting USCIS Director Ken Cuccinelli, alleging that the directives violate the U.S. Constitution and federal law. (L.M.-M., et al. v. Cuccinelli, et al., 9/6/19)
District Court Grants Preliminary Injunction Requiring ICE to Consider Asylum Seekers for Parole
The U.S. District Court for the District of Columbia granted the plaintiffs’ motion for a preliminary injunction, requiring DHS and the ICE New Orleans Field Office to immediately restore the procedures of parole and access to parole. (Heredia Mons, et al. v. McAleenan, et al., 9/5/19)
AILA Releases Eighth Edition of Asylum Primer
AILA proudly releases the 8th edition of its Asylum Primer: A Practical Guide to U.S. Asylum Law and Procedure by Dree K. Collopy. The comprehensive, practical guide to U.S. asylum law and procedure has been updated to address the myriad changes since the release of the 2015 edition.
Complaint Demands Oversight of Customs and Border Protection (CBP) Facilities
Katie Shepherd, National Advocacy Counsel with the Immigration Justice Campaign, responds to the government’s systematic failure to provide adequate medical care to children in Customs and Border Protection (CBP) custody.
Deprivation of Medical Care to Children in CBP Custody
The American Immigration Council, AILA, and the Catholic Legal Immigration Network filed a complaint with DHS Office for Civil Rights and Civil Liberties, DHS Office of the Inspector General, and the FBI highlighting a systematic failure to provide adequate medical care to children in CBP custody.
CA1 Remands Guatemalan OMK Member’s Untimely Motion to Reopen Based on Changed Country Conditions
The court found that petitioner had offered evidence to support her claim that Guatemala had become more dangerous for Organizacion Maya K’Iche (OMK) members, and remanded for the BIA to assess whether the evidence established a change in country conditions. (Perez-Tino v. Barr, 8/30/19)
EOIR Releases FY2018 Statistics Yearbook
EOIR released its FY2018 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by nationality, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
U.S. and El Salvador Sign Letter of Intent in Furtherance of Cooperation to Reduce Border Migration
U.S. and El Salvador signed a letter of intent to cooperate on strengthening immigration enforcement to reduce border migration, including U.S. support to establish Salvadoran repatriation capacity, and use of a program to share biometric data on third-country nationals entering their territory.
Members of Congress Seek Answers from USCIS on Suspension of Asylum Interviews
On 8/27/19, members of Congress sent a letter to USCIS Acting Director Ken Cuccinelli expressing concern regarding the decision to indefinitely suspend new asylum interviews in the Boston Asylum Sub-Office and reassign staff to the southern border.
CA1 Upholds Denial of Asylum to 21-Year-Old Salvadoran Who Suffered Abuse by Family Members
The court held that substantial evidence supported the agency’s findings that petitioner was no longer a member of his proposed social group composed of minors, and that changed circumstances in El Salvador made his fears of future persecution unfounded. (Miranda-Bojorquez v. Barr, 8/27/19)
DHS Reprogramming and Transferring $271 Million to Fund ICE Detention Beds and Open Temporary MPP Immigration Hearing Facilities
DHS announced that it is reprogramming and transferring $116 million of available funds to fund ICE single adult detention beds and transportation, and another $155 million to establish and operate temporary Migrant Protection Protocol (MPP) Immigration Hearing Facilities along the southern border.
CA9 Upholds Denial of Asylum to Indian Citizen Who Engaged in Whistleblowing Activities Exposing Police Corruption
Rejecting petitioner’s argument that Matter of N–M– is an unreasonable interpretation of the INA, the court held that petitioner had not established that he was persecuted because of his political opinion during confrontations with police in Punjab, India. (Singh v. Barr, 8/27/19)
Congress Calls on Secretary Pompeo and Acting Secretary McAleenan to End the Remain in Mexico Policy
Twenty-four senators call on DOS Secretary Pompeo and DHS Acting Secretary McAleenan to end the Remain in Mexico policy because they are concerned with the legality of the program and because the policy as a whole puts the lives of asylum seekers at risk.
TRAC Report Shows Number of Immigrants Awaiting Immigration Court Hearings Under Migrant Protection Protocols Increasing
TRAC found that during July 2019, 11,804 immigrants were sent to Mexico to await their MPP hearings, up from 5,883 in June. As of July-end, 26,001 immigrants have been channeled into MPP hearings. During July, 22.3 percent of newly recorded Immigration Court cases were assigned to Remain in Mexico.
U.S. Senators Urge Attorney General to Rescind Decision on Matter of L-E-A-
On 8/21/19, twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
CA11 Remands Asylum Claim of Mexican Petitioner Targeted by Cartel Due to His Father-in-Law
The court remanded the petitioner’s asylum claims, finding that the Mexican petitioner’s relationship to his father-in-law was one central reason in the Gulf Cartel’s decision to persecute the petitioner, and thus satisfied the nexus requirement. (Perez-Sanchez v. Att’y Gen., 8/21/19)
Sign-On Letter to the U.S. Government on the Presidential Determination on Refugee Resettlement
On 8/19/19, AILA and others signed on to a letter urging the U.S. government to set a minimum Presidential Determination of 95,000 refugee admissions for FY2020, and to continue its commitment to the U.S. Resettlement Program.
CA8 Says Denial of Unopposed Motion Is Not Presumptively an Abuse of Discretion
The court held that the denial of an unopposed, non-frivolous motion to reopen is not presumptively an abuse of discretion, and that the BIA did not abuse its discretion in ruling on the merits of the petitioner’s motion. (Mwangi v. Barr, 8/19/19)
AILA and the Council Submit Comment Opposing “Asylum Ban 2.0” Interim Final Rule
AILA and the American Immigration Council submitted a comment, explaining how the interim final rule strips fundamental protections from vulnerable individuals fleeing persecution and would return bona fide asylum seekers to harm.
CA8 Upholds Denial of Asylum to Honduran Woman Whose Father and Brother Were Kidnapped in 2008
The court upheld the BIA’s and IJ’s denial of asylum to the petitioner, whose father and brother had been kidnapped in Honduras in 2008, finding that the petitioner fell short of establishing past persecution or a well-founded fear of future persecution. (Mejia-Ramos v. Barr, 8/15/19)
SSA POMS Update on Evidence of Asylee Status for SSN Card
SSA POMS RM 10211.205 and RM 10211.207 were recently updated to note that Form I-797 (Notice of Action) with tear off Form I-94 is acceptable evidence of asylee status for an SSN card. The change is effective starting August 15, 2019.
DHS USCIS Releases PIA on Information Data Sharing with UNHCR
Under a 2019 MOU, UNHCR now shares biometric and associated biographic data on refugees seeking to resettle in the U.S. with DHS. USCIS conducted this PIA to evaluate the privacy risks associated with collecting and using this UNHCR data for identity verification purposes.
CA1 Upholds Denial of Asylum to Guatemalan Petitioner Who Claimed He Was Targeted by Barrio 18 Gang Members
The court held that the BIA did not err in concluding that the petitioner, whose proposed particular social group was “males who have had romantic involvement with the partners of drug dealers,” was ineligible for asylum. (Ramírez-Pérez v. Barr, 8/13/19)
CRS Releases Legal Sidebar on DHS’s Reported “Metering” Policy
The Congressional Research Service (CRS) issued a Legal Sidebar on DHS’s “Remain in Mexico” policy, including a background on “metering,” the statutory framework, legal challenges to this policy, and an analysis of CBP’s metering policy as applied to individuals outside the United States.