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
DOS Issues Statement on Migrant Caravan and Working with Mexico
Secretary of State Michael R. Pompeo issued a statement on “protecting our southern border and working with Mexico to address caravans and the safety of those transiting Mexico.”
Yuma Sector Border Patrol Welcomes 50 U.S. Border Patrol Agents from Various Sectors
CBP announced that Yuma Sector Border Patrol is ramping up border security efforts by welcoming 50 U.S. Border Patrol agents from various sectors in support of Operation Secure Line. The length of tours vary and are subject to change pending mission requirements.
Queens Immigration Attorney Found Guilty of Operating Asylum Fraud Scheme
A United States Attorney for the Southern District of New York announced that Andreea Dumitru, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was found guilty of asylum fraud, making false statements to immigration authorities, and aggravated identity theft.
CBP Temporarily Suspends Some Operations at San Ysidro Port of Entry
CBP temporarily suspended operations at the San Ysidro port of entry on 11/19/18 at 3:15am, when processing for all northbound vehicle traffic as well as northbound pedestrian processing was suspended. The lanes were closed to install additional port hardening materials at the port of entry.
EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)
EOIR issued a memo to immigration judges on the timely adjudication of asylum applications consistent with INA §208(d)(5)(A)(iii), which states that in the absence of exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. Memo was rescinded on 4/18/22.
EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases
EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.
CA1 Upholds IJ/BIA Denial for Lack of Corroborating Evidence to Support Otherwise Inconsistent Claims
The court held that substantial evidence supported IJ/BIA denial because petitioner failed to adequately corroborate vague and inconsistent testimony of past persecution with reasonably-available evidence. (Avelar-Gonzalez v. Whitaker, 11/15/18)
Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States
President Trump issued Proclamation 9822 on 11/9/18 that suspended, for a limited period, the entry of certain individuals traveling through Mexico and seeking to entry the United States. (83 FR 57661, 11/15/18)
EOIR Releases Guidance Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border
EOIR released guidance on the presidential proclamation, stating that the suspension and limitation on entry applies only to individuals who entered after the date of the proclamation, thus applying to individuals who entered on 11/10/18, or later, until the expiration of the proclamation.
Serving Those Who Serve Our Country
As we reflect on Veterans Day, this blog post offers insights into the impact of immigration law on members of the military and their families and encourages AILA members to “help a service member by bringing immigration legal expertise and a caring heart to bear on these important cases.“
CBP Works with Military to Harden Border Security Ahead of Caravan Arrival
CBP announced that more than 5,000 U.S. military troops are in the southwest border region to support CBP officers and Border Patrol agents. This includes “shoring up security at the ports of entry” with the troops laying concertina wire and placing vehicle barriers.
AILA Submits Amicus Brief Challenging the Attorney General’s Irregular Certification Process
AILA submitted an amicus brief challenging the irregularities and potential abuse of power in the Attorney General’s certification process, stating that the current process has “significant cracks and breaks which cannot rightly hold the water as intended.”
AILA Quicktake #253: Trump Administration’s New Proclamation on Asylum
AILA's Policy Counsel Jason Boyd discusses President Trump's proclamation on asylum and its impact on the southern border of the United States.
USCIS Provides Procedural Guidance on Implementing Regulatory Changes Created by Interim Final Rule
USCIS issued procedural guidance to provide USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under CAT, including in the credible fear context, to conform to the Interim Final Rule (83 FR 55934, 11/9/18).
DHS and DOJ Joint Interim Final Rule on Asylum Claims Along the Southern Border
Joint DHS/DOJ interim final rule with request for comment governing asylum claims for individuals who violate a suspension or limitation on entry into the U.S. imposed by a presidential proclamation or presidential order. The rule is effective 11/9/18. Comments are due 1/8/19. (83 FR 55934, 11/9/18)
Reality vs. Rhetoric – Why Are People Fleeing to the United States?
In this blog post, AILA Board of Governors member Ally Bolour describes the country conditions in Central America, and involvement therein by the United States government over decades, that have led to refugees seeking protection.
DOJ and DHS Issue New Rule Applying President’s Authority to Suspend Entry to Asylum
DOJ announced a joint DOJ/DHS interim final rule declaring that individuals who violate a presidential suspension or limitation on entry into the U.S. through the southern border issued under INA §212(f) or 215(a)(1) will be rendered ineligible for asylum.
Trump Administration Issues Advance Copy of Rule Intended to Gut Asylum Seekers’ Due Process Rights
AILA responded to the advance copy of an interim rule issued by the Trump administration that would gut asylum seekers’ due process rights; a presidential proclamation is expected Friday, November 9, 2018.
EOIR Issues Memo with Guidelines Regarding New Regulations Governing Asylum and Protection Claims
EOIR Director James R. McHenry III issued guidelines that establishes EOIR policy and procedures for adjudication of asylum claims in the context of undocumented immigrants subject to a presidential proclamation or order under INA §212(f) or 215(a)(1).
Justice Department Settles Immigration-Related Discrimination Claim Against New York Hotel
DOJ announced a settlement with the management company operating the Hyatt Place Hotel at the Flushing/Laguardia Airport. An investigation, initiated based on a worker’s complaint, concluded citizenship status discrimination occurred against an asylee because he was removed from the hiring process.
CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group
The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18)
CBP Announces Partnership with DOD Along Southwest Border
CBP announced the launch of Operation Secure Line with the Department of Defense (DoD), including the deployment of thousands of active duty U.S. military personnel. DoD is providing DHS and CBP a range of assistance, including planning, engineering, transportation, logistics and medical support.
AG Refers BIA Case to Himself and Invites Amicus Regarding Coercion and Duress
The Attorney General referred a BIA decision to himself for review on whether coercion and duress are relevant to the application of the persecutor bar. The Attorney General extended the deadline for amicus briefs to 11/30/18. Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
On Election Day…Vote for All of Us
AILA Executive Director Benjamin Johnson urges everyone eligible to vote and to participate in the #MyImmigrantHistory campaign, writing, “Tomorrow is a chance to exercise our rights as Americans, and to vote not just for our issue but for a future that all Americans can see themselves in.“
Amended Legal Filing Alleges High-Level Trump Administration Officials Restricted Asylum Access via “Turnback Policy”
The American Immigration Council, with the Center for Constitutional Rights and Southern Poverty Law Center, filed a second amendment to a class action lawsuit challenging CBP’s practice of turning away asylum seekers at the U.S.-Mexico border. (Al Otro Lado, Inc. v. Nielsen, 11/13/18)