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
EOIR Releases Statistics on Decision Outcomes for Third Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the third quarter of FY2019 (through 6/30/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
CBP to Open Temporary Facility in Response to Sustained Large Volumes of Family Units in Yuma, AZ
CBP announced the opening of a new facility in Yuma, Arizona. The soft-sided facility will accommodate up to 500 individuals in U.S. Border Patrol custody while they await transfer to ICE or ORR. The temporary structures are weatherproof and climate-controlled.
CA5 Denies Recovery of Attorneys’ Fees Where Government Was Prevailing Party on Majority of Petitioners’ Claims
The court held that, when viewed as an inclusive whole, the government was substantially justified in denying Convention Against Torture protection to petitioners, and the petitioners were ineligible for an Equal Access to Justice Act (EAJA) award. (W.M.V.C. v. Barr, 6/7/19, amended 6/28/19)
Congress Should Pass the Northern Triangle and Border Stabilization Act
AILA welcomed the introduction of H.R. 3524, the “Northern Triangle and Border Stabilization Act” which offers comprehensive solutions to address the violence and instability in Central America while also increasing the federal government’s capacity to manage the situation at the southern border.
AILA Quicktake #268: AILA Provides Update and Solutions on Border Situation
This week, both the Senate and the House passed emergency border spending bills that would be used primarily by CBP and ICE for the custody, transport, and care of migrants. AILA’s Director of Government Relations Greg Chen provides an update and discusses the need for a more comprehensive solution.
Asylum Seekers File Lawsuit Challenging New Guidelines on Credible Fear of Persecution and Torture Determinations
Several asylum seekers filed a lawsuit in the U.S. District Court for the District of Columbia challenging guidelines for asylum officers issued in April 2019 that make it more difficult for asylum seekers to pass credible fear interviews. (Kiakombua, et al. v. McAleenan, et al., 6/28/19)
AILA Responds to Emergency Border Spending Bills
AILA responded to the passage of House and Senate bills to provide humanitarian assistance to asylum seekers at the U.S. southern border.
DHS Releases Privacy Impact Assessment for ICE’s Use of Rapid DNA Technology
DHS released a Privacy Impact Assessment for ICE’s use of Rapid DNA technology to determine bona fide parent-child relationships. The assessment provides transparency about the limited scope of use, the privacy risks with the technology, and how ICE will mitigate any risks pertaining to privacy.
Lighting the Beacon of Hope for Our Clients and Our Country
This blog post is adapted from the president's installation speech given by Marketa Lindt at AILA's Annual Conference 2019 in Orlando, FL. A video of the speech is embedded as well.
CBP Expands Temporary Holding Facility in Donna, Texas
CBP announced that it’s expanding its temporary holding facility near Donna-Rio Bravo International Bridge in Donna, TX, to hold an additional 500 people. CBP said that the expansion is in response to rising numbers of unaccompanied children (UAC) and family units arriving at the Southwest border.
CA8 Affirms BIA’s Denial of Motion to Reopen Based on Changed Country Conditions in Mexico
The court found that the BIA did not abuse its discretion in determining that the petitioner’s evidence of vague threats by gang members failed to establish past persecution and in finding that he failed to show a well-founded fear of future persecution. (Rivera-Guerrero v. Barr, 6/20/19)
AILA and Partners Submit Amicus Brief on Detention During Withholding-Only Proceedings
AILA and other groups submit an amicus brief to the Eleventh Circuit in Radzhabov v. Barr urging the court to affirm the district court’s decision and find that 8 U.S.C. § 1226(a) governs detention during withholding-only proceedings and thus these individuals have a right to a bond hearing.
ICE Expands DNA Testing Pilot Program Along the Southwest Border
ICE announced expansion of its DNA testing pilot program by 120 days and to five additional locations along the southwest border. ICE intends to use DNA testing to identify fraudulent familial relationship claims made by individuals at the border.
TRAC Report Finds That Most Released Families Attend Immigration Court Hearings
Transactional Records Access Clearinghouse (TRAC) found that, as of 5/19, of the 47,000 families seeking asylum, almost six out of seven families released from custody showed up for their initial court hearing. For families with legal representation, appearance rates were as high as 99.9 percent.
CA1 Upholds Asylum Denial to Salvadoran Woman Who Stated She Was Unable to Leave Domestic Relationship
The court upheld BIA’s vacatur of the IJ’s decision granting petitioner and her children asylum, holding that the record was insufficient as a matter of law to support the IJ’s factual finding that the petitioner fit within her proposed social group. (Rivas-Durán, et al. v. Barr, 6/17/19)
CA4 Reverses BIA’s Determination on Nexus Requirement for Asylum and Withholding of Removal
The court vacated the denial of petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses, and remanded. (Alvarez Lagos v. Barr, 6/14/19)
Press Call: Effective Border Management Begins with Improving the U.S. Asylum System
On a press call on June 13, 2019, experts from AILA, CLINIC, and Human Rights First discussed recommendations for a fair, orderly, and efficient system for processing asylum seekers and other migrants.
AILA Policy Brief: Effective Border Management Begins with Improving the U.S. Asylum System
AILA issued a policy brief with solutions to the recent increase in migration at the U.S. southern border, which will prove to be more effective in providing a fair, orderly, and efficient system for processing asylum seekers and other migrants.
CA1 Upholds Asylum and CAT Denials to Mexican Petitioner Who Filed Untimely Asylum Application
The court held that it lacked jurisdiction to review the BIA’s ruling on the petitioner’s asylum claim, and found that the petitioner had provided the court with no basis for overturning the BIA’s ruling on his Convention Against Torture (CAT) claim. (Rodriguez-Palacios v. Barr, 6/12/19)
Refugee Council USA Publishes Report on the Impacts of Declining Refugee Admissions
Refugee Council USA, a coalition of 24 U.S.-based NGOs, published a report finding that changes to the U.S. Refugee Admissions Program have harmed U.S.’s ability to protect refugees, address displacement crises, and protect U.S. national security, foreign policy, and diplomatic interests.
President Trump’s “Remain in Mexico” Program Is an Assault on Human Rights
AILA member Isabel Duarte describes a recent immigration court hearing with families impacted by the Remain in Mexico or Migrant Protection Protocols policy, showing how the program harms families and is an assault on human rights and due process.
Supplement Complaint Demands Government Action on Inadequate Medical Care in Colorado Detention Center
On June 11, 2019, the American Immigration Council and AILA supplemented a complaint originally filed in June 2018 highlighting numerous examples of inadequate medical care in the Denver Contract Detention Facility, an immigration detention center in Aurora, Colorado.
U.S. and Mexico Issue Joint Declaration on Border Migration
The U.S. and Mexican governments proclaimed their commitment to address the increase in migrants moving from Central America, including the deployment of the Mexican National Guard to the southern border and the expansion of Migrant Protection Protocols across the entire southern border.
Former IJ Jeffrey Chase Discusses BIA and Selective Dismissal
Former IJ Jeffrey Chase discussed Matter of Andrade Jaso and Matter of Carbajal Ayala, which held that IJs have the authority to dismiss removal proceedings upon finding the filing of a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal.
Sunlight Foundation Reports on Removal of Asylum Training Documents from USCIS Website
The Sunlight Foundation investigated the removal of asylum lesson plans from the USCIS website, finding the removal of at least 26 separate documents “unusual for their scope and completeness.” Further, the removal of these documents were done at the “explicit direction” of John Lafferty.