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
AILA Policy Brief: “Remain in Mexico” Plan Sows Chaos, Puts Asylum Seekers at Risk
This policy brief examines how the administration’s cruel and likely illegal “Remain in Mexico” policy will make it nearly impossible for asylum seekers to access the protections they are entitled to under the law and explores the solutions that the administration should implement instead.
CA4 Remands to BIA to Apply Proper De Novo Standard of Review to Determine Whether IJ Erred in CAT Government Acquiescence Finding
The court held IJ’s determination regarding government acquiescence is mixed question of law and fact and public officials’ actions is question of fact while whether those actions qualify as acquiescence is legal determination, triggering de novo review. (Cruz-Quintanilla v. Whitaker, 2/1/19)
Matter of A-B-: Case Updates, Current Trends, and Suggested Strategies
AILA Asylum and Refugee Committee Chair Dree Collopy describes Matter of A-B- and its potential impact on asylum law and previews an upcoming webinar on the topic that is open to interested practitioners.
AILA and NIJC Submit Amicus Brief Challenging the Auer Deference Rulings
AILA and the National Immigrant Justice Center (NIJC) submitted an amicus brief to the Supreme Court in Kisor v. Wilkie, asking for the court of appeals judgment to be reversed and challenging the Auer doctrine that makes an agency’s interpretation of its own regulations controlling.
AILA Analysis Reveals Crisis-Level Delays in USCIS Case Processing
In this blog post, AILA Policy Counsel Jason Boyd shares key points from AILA's recent policy brief and explains how USCIS processing delays have reached crisis levels under the Trump administration.
AILA Quicktake #258: USCIS Delays Reach Crisis Level
AILA’s Policy Counsel Jason Boyd discusses his analysis of recent USCIS data, which reveals a steep increase in the agency’s case processing times.
EOIR Releases Addendum to LOP Cohort Analysis of Phase I: Detention Length with DHS Data
EOIR released an addendum to its Phase I report on the Legal Orientation Program (LOP) as DHS provided EOIR with more granularly precise data regarding detention, including book-in and book-out dates.
EOIR Releases Phase II Analysis of Its Legal Orientation Program Cohort
EOIR released analysis is a follow-up to Phase I with additional analysis of when LOP services are provided, how long hearings last for LOP participants and non-LOP participants, and the difference in applications filed between LOP participants and non-LOP participants.
USCIS Announces Online Case Status Feature for Asylum Applicants
USCIS announced that applicants who have a pending affirmative asylum application with USCIS can now check the status of their applications online at uscis.gov/casestatus. It will not cover defensive asylum applicants whose cases are pending in immigration court.
USCIS Releases Guidance for Implementing Section 235(b)(2)(C) of the INA and the Migrant Protection Protocols
USCIS released a memo with guidance to USCIS officers regarding the implementation of the Migrant Protection Protocols, including supporting the exercise of prosecutorial discretion by CBP.
Trump Administration Unveils More Severe Restrictions on Due Process and Asylum in “Remain in Mexico”
AILA Executive Director Ben Johnson raises concerns with new procedures described today by USCIS in which an “assessment” that determines whether Central American asylum applicants can pursue their claims from within the U.S. would be made, but access to counsel would be prohibited.
CBP Releases Its Guiding Principles for Migrant Protection Protocols
CBP released guiding principles for Migrant Protection Protocols (MPP) stating that effective 1/28/19, the San Diego Field Office will begin implementing Section 235(b)(2)(C) of the Immigration and Nationality Act (INA) and outlining which individuals may be impacted.
CBP Releases Memo on Implementation of the Migrant Protection Protocols
CBP released memo stating that Migrant Protection Protocols began at the San Ysidro port of entry on 1/28/19 and it is anticipated that it will be expanded in the near future.
CBP Releases Guidance on Migrant Protection Protocols
CBP released guidance on Migrant Protection Protocols and the implementation of CBP’s Guiding Principles memo.
Featured Issue: EOIR’s Decision to Transfer Mesa Verde Detention Facility Cases to Van Nuys Immigration Court
EOIR announced that as of February 3, 2020, the San Francisco Immigration Courts would stop hearing cases of detainees at the Mesa Verde Detention Facility in Bakersfield, California. Instead hundreds of cases will be moved to a new immigration court in Van Nuys that opened in November 2019.
DHS Releases Policy Guidance for Implementation of the Migrant Protection Protocols
DHS released guidance on the Migrant Protection Protocols including information on Section 235(b)(2)(C) as well as prosecutorial discretion and non-refoulement.
CA1 Finds Failure to Demonstrate Past Persecution or Fear of Future Persecution Based on Any Protected Ground
The court affirmed petitioner only raised “wealthy returning Guatemalans” as protected ground, which precedent says is not PSG; failed to raise family status as potential protected ground; and failed to establish any fear of torture for CAT remedy. (Batres Agustin v. Whitaker, 1/25/19)
CA11 Upholds Denial for Failure to Show Membership in a Cognizable Social Group
The court affirmed—whether under Chevron or de novo—that “Mexican citizens targeted by criminal groups because they have been in the US and they have families in the US” was not sufficiently particular nor distinct to be PSG; it also found no nexus. (Perez-Zenteno v. Att’y Gen., 1/25/19)
End the Shutdown and Secure the Border Act: What’s Wrong with the Trump-McConnell Bill
AILA Member Sabrina Damast highlights the damaging provisions in the bill supported by the administration to end the shutdown which would negatively impact Dreamers, TPS-recipients, and asylum seekers.
CA1 Holds Persecutor Bar Applies Even If Applicant Lacked Personal Motive When Participating in Persecution
The court upheld reversal of NACARA cancellation, finding persecutor bar does not require an assistant share persecutors’ motive; bar applies to one who knowingly aided persecution based on protected ground, regardless of whether they held “illicit motive.” (Alvarado v. Whitaker, 1/24/19)
CA9 Grants in Part and Remands for Proper Internal Relocation Analysis
The court found BIA erred by not conducting a sufficiently individualized relocation analysis, failing to consider petitioner’s safety if he continued expressing political opinion in relocated area and assuming he could stop his expression to avoid harm. (Singh v. Whitaker, 1/24/19)
DHS Releases Information Regarding Migrant Protection Protocols
DHS released information on the Migrant Protection Protocols, whereby certain individuals entering from Mexico may be returned to wait outside the U.S. for the duration of their immigration proceedings. Individuals will be given a Notice to Appear and returned to Mexico until their hearing date.
CA3 Holds Bad Advice from Non-Lawyer and Consequent Failure to Attend Removal Hearing Is Not Exceptional Circumstance
The court held missed removal hearing based on non-legal bad advice was neither extreme nor beyond petitioner’s control and affirmed in absentia order did not violate due process, distinguishing Cabrera-Perez (slight lateness vs. failure to appear). (Jean Louis v. Att’y Gen., 1/23/19)
CA7 Remands and Holds BIA Legally Erred by Denying MTR Based on Incorrect Determination
The court held BIA misapprehended the purpose of new evidence submitted in support of sua sponte MTR, which might have adversely affected its exercise of discretion when it denied relief since it left doubt as to whether the new evidence was fully considered. (Fuller v. Whitaker, 1/23/19)
USCIS Provides RAIO Combined Training Course on Refugee Definition
USCIS provided its RAIO Combined Training Course on refugee definition. This module discusses the definition of a refugee as codifed in the INA and its interpretation in administrative and judicial case law.