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
Trump Places Partisan Politics Over Real Solutions in Muddled Speech on Immigration
AILA responded to President Trump’s announced plans to rewrite American asylum law and procedures and construct tent cities where families and asylum seekers will be detained for years. Details of the plan were not offered, but will reportedly be announced next week.
EOIR Releases FY2017 Statistics Yearbook
EOIR released its FY2017 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
Presidential Determination on Refugee Admissions for FY2019
Presidential determination on refugee admissions for FY2019, stating that the admission of up to 30,000 refugees shall be allowed and providing regional ceilings. (83 FR 55091, 11/1/18)
BIA Finds Respondent Provided Insufficient Evidence He Would Be “Tortured” in a Mexican Institution
BIA dismissed the appeal and upheld IJ determination that the respondent did not show eligibility for protection under the Convention Against Torture based on conditions of mental health facilities in Mexico. Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
USCIS Asylum Office Workload for September 2018
USCIS provides statistics on affirmative asylum office workload, including stages of asylum cases (filed, interviews conducted, completed, pending), broken down by office and nationality of applicants for September 2018.
BIA Holds Aggravated Felony Bar in INA §212(h) Does Not Apply to Prior Refugees
Unpublished BIA decision holds that an aggravated felony bar in INA §212(h) does not apply to applicants who were admitted as refugees before adjusting to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 10/29/18)
A Second Chance at Asylum for Indonesian Families
In this blog post, AILA member and Immigration Justice Campaign volunteer Lisa Modecker shares how she was able to successfully reopen the case of Mr. and Mrs. Sombah, Indonesian Christians at risk of deportation back to danger in their home country after years of refuge in the United States.
CA7 Denies Petition, Upholding IJ/BIA Denial of CAT Deferral of Removal and BIA Denial of MTR
The court sustained IJ’s deferral denial per substantial evidence standard, holding evidence of torture was speculative and generalized; it also held BIA correctly applied “reasonable likelihood” standard for MTR denial, so no legal error committed. (Molina-Avila v. Sessions, 10/25/18)
EOIR Releases Materials from the 2018 Legal Training Program for Immigration Judges
Obtained via FOIA by Hoppock Law Firm, EOIR released training materials from its 2018 Legal Training Program, including on claims to citizenship, non-LPR cancellation, evidentiary challenges, criminal immigration and bond law, and asylum law. Special thanks to Matthew Hoppock.
CA6 Remands, Holds BIA Denial of MTR Based on Changed Country Conditions Was Not Harmless Error
The court found BIA summarily decided evidence was insufficient and, thus, failed to articulate a reasonable basis for the denial on which the court could give meaningful review; it held such cursory and conclusory decisions were arbitrary. (Precetaj v. Sessions, 10/24/18)
DOS Issues Statement on Migrant Caravan and Mexico’s Response
Secretary of State Michael R. Pompeo issued a statement on the migrant caravan, stating that “We understand Mexico will detain and repatriate migrants who enter Mexico in violation of Mexican law, and in instances where migrants apply for asylum, process the requests in accordance with Mexican law.”
DOS Secretary and Mexican Foreign Affairs Secretary Deliver Remarks on Caravan of Honduran Migrants
Secretary of State Michael Pompeo and Mexican Foreign Affairs Secretary Luis Videgaray delivered remarks in Mexico City about discussions between the U.S. and Mexican governments regarding a caravan of Honduran citizens travelling through Central America and Mexico in route to the United States.
The Detective Work of Asylum Cases: How Surgeons Can Help
In this blog post, AILA member and Immigration Justice Campaign volunteer Nikki Lyons describes how working with medical experts, particularly surgeons, can offer a way to corroborate details of an asylum seeker's case based on wounds and scars left from persecution.
Practice Pointer: Matter of A-B- and Discretion
This resource examines how practitioners should approach the issue of discretion in asylum cases following the Attorney’s General decision in Matter of A-B- and USCIS’s policy memorandum on that decision.
New Legal Filing Links High-Level Trump Officials to Asylum “Turnback Policy”
The American Immigration Council, along with the Center for Constitutional Rights and Southern Poverty Law Center, filed an amendment to a class action lawsuit challenging CBP’s unlawful practice of turning away asylum seekers at U.S.-Mexico border. (Al Otro Lado, Inc. v. Nielsen, 10/12/18)
BIA Finds Escalation of Threats Qualifies as Changed Circumstances
Unpublished BIA decision finds asylum applicant qualifies for changed circumstances exception based on escalating assaults on family members that also shed light on the assailants’ motives. Special thanks to IRAC. (Matter of E-R-Z-, 10/12/18)
Trump Administration Offers Agreement to Provide Separated Parents a Second Chance at Asylum
The Trump administration, as well as counsel from Ms. L v. ICE, M. M. M. v. ICE, and Dora v. Sessions, came up with an agreement that would allow parents who were separated from their children at the southwest border, a second chance to make asylum claims in the United States.
GAO Issues Report on Agency Efforts to Reunify Children Separated from Parents at the Border
The GAO issued a report on the processes for tracking and reunifying separated families. This report discusses DHS/HHS efforts related to the AG’s April 2018 memo, systems for indicating children were separated from parents, and actions to reunify families in response to the June 2018 court order.
CA8 Finds Applicant Failed to Establish Past Persecution or Well-Founded Fear of Future Persecution
The court held that harm petitioner suffered did not rise to the level of persecution, and that potential future persecution was avoidable by reasonable relocation within Ecuador based on petitioner’s prior successful relocations. (Molina-Cabrera v. Sessions, 10/5/18)
Practice Pointer: Allegations of Fraud at the Adjustment of Status Phase for Asylees
AILA provides a practice pointer on USCIS’s legal authority to allege acts of fraud predating an asylum grant in the course of adjudicating adjustment cases. It provides tips for preparing asylees’ adjustment applications and responding to RFEs or other notices raising allegations of fraud.
House Members Condemn Transfer of Migrant Children to Tent City in Texas
On 10/5/18, Representatives Lucille Roybal-Allard (D-CA), Pramila Jayapal (D-WA), and Zoe Lofgren (D-CA) led a group of 72 members of Congress in sending a letter to DHHS and DHS condemning the transfer of more than 1,600 children to an Office of Refugee Resettlement tent city in Tornillo, TX.
CA3 Vacates Withholding and CAT Denials, Remands for Evidence Corroboration Determination
The court held that by applying Matter of L–A–C– to find petitioner failed to corroborate credible testimony for CAT and withholding, IJ erred in not following CA3 requirements of notice and opportunity for expected corroborating evidence. (Saravia v. Att’y Gen., 10/1/18)
USCIS Statistics on Credible Fear Processing Time for FY2018
USCIS provides statistics on credible fear processing time for FY2018 (10/1/17 through 9/30/18), including total decisions served, total completions, and statistics on timeliness of completions.
EOIR Releases Statistics on Credible Fear Review and Reasonable Fear Review Decisions for FY2009–FY2018
EOIR released statistics on credible fear review and reasonable fear review decisions from FY2009 through FY2018, which ended on 9/30/18.
EOIR Releases Statistics on Decision Outcomes for FY2018
EOIR released statistics on outcomes of initial case decisions for FY2018 (10/1/17–9/30/18). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.