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 AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership
The Acting AG referred a BIA decision to himself for review whether an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. Amicus briefs are now due by 3/13/19. Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
DHS Notice of Availability for Policy Guidance Related to Implementation of the Migrant Protection Protocols
DHS notice of the availability of certain policy guidance documents on the Migrant Protection Protocols. (84 FR 6811, 2/28/19)
Complaint Urges Immediate Release of Infants from Detention
AILA, the American Immigration Council, and CLINIC filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and the Office of the Inspector General (OIG) calling for the immediate release of numerous babies who are detained at the South Texas Family Residential Center (STFRC).
Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention
On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention.
Black Immigrant History is Part of Black History Month
In this blog post, part of the AILA Diversity & Inclusion series, AILA Second Vice President Allen Orr recognizes Black History Month, shares important research and analysis, and writes, “In the drive for immigration reform, black immigrants must not be forgotten or left out of the equation.“
CA9 Reverses Asylum Denial Where BIA Misapplied Firm Resettlement Rule
The court granted in part the petition for review of the BIA's denial of the Cameroonian petitioner's asylum claims and remanded, holding that the BIA committed three errors in its application of the firm resettlement rule. (Arrey v. Barr, 2/26/19)
CA5 Upholds Denial of Asylum to Member of Minority Clan in Somalia
The court denied the petition for review, holding that substantial evidence supported the BIA’s determination that the petitioner had failed to show that he would suffer persecution in Somalia because he belonged to the Ashraf minority clan. (Qorane v. Barr, 3/26/19)
CA7 Denies CAT Relief to Bisexual Petitioner Whose Father Was a Member of an Opposition Political Party in Guinea
The court found that petitioner had failed to establish that he more likely than not would be tortured if removed to Guinea due to his sexual orientation and father’s past political affiliation, and thus upheld the denial of Convention Against Torture (CAT) relief. (Barry v. Barr, 2/22/19)
USCIS Q&As from Asylum Division Quarterly Meeting (2/22/19)
USCIS provides Q&As from the 2/22/19 Asylum Division Quarterly meeting, including updates, statistics, processing times and scheduling, UACs, EADs, Matter of A-B-, public services, Remain in Mexico, credible and reasonable fear, untimely filings, and more.
Shining Some FOIA Light on the Immigration Courts
AILA Senior Policy Counsel Laura Lynch describes an EOIR memo, obtained via FOIA by AILA and the American Immigration Council, which lays out a plan, purportedly to lessen the immigration court backlog but which has done the opposite, bloating the backlog and undermining due process.
CLINIC Submits Brief Regarding “Particular Social Group” Membership
CLINIC submitted a brief in Matter of L-E-A-, and argued that the Attorney General should reaffirm that immediate family units qualify as particular social groups and that the statutory one central reason test applies to such claims.
CRS Report on U.S. Asylum Policy
The Congressional Research Service provided a report on U.S. asylum policy including an overview of current asylum provisions, the asylum application process, and the evolution of U.S. asylum policy, as well as a discussion of selection policy issues.
CA8 Denies Petition for Review for Gay Man from Bangladesh
The court found IJ/BIA correctly determined that asylum application filed more than six months after termination of student status was untimely; it also affirmed harm suffered did not rise to level of persecution for withholding or torture for CAT relief. (Lesum v. Barr, 2/15/19)
CA11 Holds It Lacks Jurisdiction to Review Factual Findings Underlying Denials of Withholding and Deferral of Removal Relief
In an unpublished decision, the court denied in part and dismissed in part the petition for review, holding that it lacked jurisdiction to review the petitioner’s argument about the likelihood of future harm in Lebanon. (Nasrallah v. Att’y Gen., 2/14/19)
Bite-Sized Ethics: Asylum and Adult Mental Impairment
When representing a mentally impaired client in removal proceedings, a lawyer must pay special attention to the ethics rule on clients with diminished capacity. In this bite-sized article, learn about whose support the attorney should enlist and the attorney’s ethical obligations to their client.
CA10 Upholds BIA Denial of Asylum and Withholding for Former Mexican Police Officer
The court held BIA reasonably relied on substantial evidence to find petitioner failed to show that threats he received while an active officer established past or future persecution based on his current status as an incorruptible former police officer. (Aguilar-Perez v. Whitaker, 2/13/19)
CA4 Grants Petition for Review After Finding CAT Risk of Torture Must Be Considered from All Sources in the Aggregate
The court held that neither the IJ nor BIA properly aggregated tattooed former gang member’s risk of torture from a combination of police, gangs, and vigilante groups; it also found neither meaningfully engaged with the submitted evidence. (Rodriguez-Arias v. Whitaker, 2/12/19)
ICE Releases Memo on Implementation of the Migrant Protection Protocols
ICE released a memo on its implementation of the Migrant Protection Protocols.
ICE Releases Guidance on Migrant Protection Protocols
ICE released a memo providing guidance to impacted Enforcement and Removal Operations (ERO) field offices on implementation of the Migrant Protection Protocols.
Presidential Proclamation Extending Proclamation 9822 for 90 Days
President Trump issued a proclamation extending the suspension and limitations from Proclamation 9822 for an additional 90 days. (84 FR 3665, 2/12/19)
Practice Pointer: Arguing Against Pretermission of Asylum Cases in Immigration Court in the Aftermath of Matter of A-B- and Matter of E-F
This practice pointer describes arguments that attorneys may make when immigration judges pretermit asylum applications without affording the applicants an individual calendar hearing at which they can present testimony and other evidence in support of their asylum cases.
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA submitted a second amicus brief in Hamama v. Homan with a primary focus on the “when” of a Motion to Reopen based on changed country conditions.
AILA Stands with Our Members Against Government Retaliation
In this blog post, AILA President-Elect Marketa Lindt and AILA Treasurer Jeremy McKinney describe recent troubling events which could impact access to counsel for asylum seekers at the border and avow “We stand with our members…We stand ready to fight.“
Matter of A-B- : Case Updates, Current Trends, and Suggested Strategies
Watch this free webinar, provided by AILA National's Asylum Committee, in collaboration with the Immigration Justice Campaign, as expert practitioners discuss the Matter of A-B-, trends at all levels of adjudication, and legal arguments and strategies for a post-A-B-world.
AILA and Advocates Send Letter Urging Secretary Nielsen to End the Migrant Protection Protocols Policy
On 2/6/19, the American Immigration Council, AILA, and the Catholic Legal Immigration Network, Inc. sent a letter to DHS documenting harm that families served by the Dilley Pro Bono Project faced on the other side of the southern border and demands a reversal of the Migrant Protection Protocols.