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 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.
EOIR Released Rates of Asylum Filings in Cases Originating with a Credible Fear Claim for FY2008–FY2018
EOIR released rates of asylum filings in cases originating with a credible fear claim, broken down by those referred following a credible fear claim and those referred following a credible fear claim and filed asylum application, for FY2008–FY2018.
EOIR Released Asylum Decision Rates by Nationality for FY2018
EOIR released asylum rates broken down by nationality for FY2018, including information on asylum grants, denials, administrative closure, and more.
EOIR Releases Median Completion Times for Detained Cases
EOIR released the median completion time for detained cases for FY2008 through FY2018, broken down by non-review cases (removal, deportation, exclusion, asylum-only, and withholding-only cases) and review cases (credible fear review, reasonable fear review, and claimed status review).
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on orders issued in absentia in removal, deportation, and exclusion cases in which the individual filed an asylum application for FY2008 through FY2018.
USCIS Provides Statistics on NACARA Cases Through 9/30/18
The USCIS Asylum Division provides cumulative NACARA workload statistics from 6/21/99 through 9/30/18.
USCIS Credible and Reasonable Fear Workloads for FY2018
USCIS provides reports on credible and reasonable fear workloads for FY2018 (October 2017–September 2018), including total caseloads as well as the inland and port of entry caseloads, broken down by month, office, and case status. Nationality reports are also included.
USCIS Statistics on Asylum Filings for Minors for FY2018
USCIS statistics for FY2018 (October 2017–September 2018) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filing with USCIS under the initial jurisdiction provision of the TVPRA.
Congress Urges DHS Inspector General to Investigate Allegations of Coercion and Abuse Against Separated Immigrant Parents
On 9/26/18, members of the House and Senate sent a letter to the Department of Homeland Security’s Acting Inspector General, urging for an investigation of allegations of coercion and abuse by DHS officers against immigrant parents separated from their children at the border.
Policy Brief: S. 3478 Would Codify Cruelty Against Arriving Children
In this policy brief, AILA expresses its opposition to S. 3478, which would eviscerate long-standing legal standards and protections for immigrant children and families seeking asylum who arrive at the U.S. border.
USCIS 30-Day Extension of Comment Period on Proposed Changes to Form I-602
USCIS 30-day extension of a comment period originally announced at 83 FR 25026 on 5/31/18 on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Comments are now due by 10/22/18. (83 FR 47932, 9/21/18)
UC Hastings CGRS Announces Launch of New Expert Witness Database
The UC Hastings Center for Gender & Refugee Studies (CGRS) launched a new expert witness database offering advocates a searchable repository of qualified and pre-vetted country specialists and health professionals who serve as expert witnesses to support asylum seekers in the United States.
S. 3478: Fixing America's Marred Immigration Laws to Improve and Ensure Security
On 9/18/18, Senator Ron Johnson (R-WI) introduced the Fixing America's Marred Immigration Laws to Improve and Ensure Security or “FAMILIES Act.” AILA opposes S. 3478, which would eviscerate long-standing legal standards and protections for immigrant children and families seeking asylum.
CA9 Grants in Part, Remanding Reasonable Fear Review MTR for Sua Sponte Consideration; Denies in Part, Affirming IJ/AO Negative Reasonable Fear Determ
The court held substantial evidence did not compel a conclusion that IJ erred by not specifically addressing all evidence in reasonable fear review, which are statutorily abbreviated, yet IJ abused his discretion by denying jurisdiction to reopen proceedings. (Bartolome v. Sessions, 9/14/18)
Attorney General Delivers Remarks to New Class of Immigration Judges
Attorney General Jeff Sessions delivered remarks to an incoming class of 44 immigration judges in Falls Church, Virginia. In his remarks he accused “good lawyers” of using their talents and skills “to get around the plain words of the INA,” and spoke about asylum, the border, and other topics.
AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts
AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges.
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
EOIR Releases Updated Uniform Docketing System Manual
EOIR issued an updated Uniform Docketing System Manual covering the case processing system that governs the management of all cases in the immigration court. Operational procedures are amended or created through OPPM issued by the Chief Immigration Judge.
USCIS Provides Statistics on NACARA Cases Through 8/31/18
The USCIS Asylum Division provides cumulative NACARA workload statistics from 6/21/99 through 8/31/18.
USCIS Asylum Office Workload for August 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 August 2018.
Resources Related to Country Conditions in Nicaragua
This page contains resources related to country conditions in Nicaragua where gender-based killings became increasingly brutal and attacks against human rights defenders persisted.
CA9 Remands, Holds IJ/BIA Erred in Determining No Past Persecution and in Reliance on Outdated Reports to Rebut Presumption of Future Persecution
The court held that harm to petitioner and his family established past persecution on account of protected grounds, and held reliance on outdated country conditions failed to rebut presumption of future persecution; it also reversed CAT denial. (Quiroz Parada v. Sessions, 8/29/18)
U.S. Representatives Demand DHS Reunify All Separated Families
On 8/29/18, sixty-seven democratic U.S. representatives signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of nearly 500 children that remain separated from their parents at the southern border because of the administration’s “zero tolerance” policy.
CA8 Finds Decision Supported by Substantial Evidence Despite Errors in IJ Written Decision
The court found no due process violation in hearing or in IJ’s erroneous use of boilerplate language from different case because BIA considered the errors, found them harmless, and made its own determinations with independent judgement and substantial evidence. (Ramirez v. Sessions, 8/29/18)
CA7 Upholds BIA Denial Due to Adverse Credibility Finding Per Substantial Evidence Standard
The court held that substantial evidence supported the IJ/BIA’s determination that petitioner’s inconsistent testimony warranted an adverse credibility finding on his asylum, withholding, and CAT claims. (Alvarenga-Flores v. Sessions, 8/28/18)