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
CA4 Reverses Denial of CAT Relief to Salvadoran Who Received Death Threats from Gang
The court granted the petition for review, holding that the BIA had entirely failed to address the petitioner’s testimony that Salvadoran officials had turned a “blind eye” to death threats made by members of the 18th Street gang to petitioner and her son. (Cabrera Vasquez v. Barr, 3/20/19)
CA7 Upholds Denial of CAT Relief Where Salvadoran’s Allegations of Future Torture Were Deemed Too Speculative
The court upheld the denial of relief under the Convention Against Torture (CAT), finding that petitioner had failed to prove that he would be specifically targeted by gangs or the military in El Salvador or that the government would acquiesce in any torture. (Herrera-Garcia v. Barr, 3/18/19)
CA1 Upholds Denial of Asylum to Kenyan Petitioner Who Alleged Changed Country Conditions
The court held that the BIA did not abuse its discretion in finding that country conditions in Kenya—climbing land prices, anti-LGBT discrimination, and al-Shabaab violence—were continuing, not changed, since the petitioner’s removal proceedings in 2013. (Wanjiku v. Barr, 3/15/19)
CA6 Upholds Asylum Denial to Salvadoran Who Claimed Persecution Based on Nuclear Family Unit Membership
The court denied the petition for review, finding that petitioner’s evidence did not show that the 18th Street gang’s actions were motivated by a particular animus toward petitioner’s family itself, as opposed to an ordinary criminal desire for financial gain. (Cruz-Guzman v. Barr, 3/15/19)
On-the-Ground Advocacy at a Women and Children’s Detention Center
Recent Dilley Pro Bono Project volunteers and AILA law student members Alex George and Carolina Solano share their experience helping mothers and children incarcerated in Texas, the impact of recent policies and decisions, and why we need to #EndFamilyDetention.
AILA and Other Organizations Submit Amicus Brief on Family as a Particular Social Group
AILA, along with several other organizations and law clinics, submitted an amicus brief to the Attorney General in Matter of L-E-A, arguing that family ties alone can form a particular social group.
“Migrant Protection Protocols” Policy is a Death Sentence for Asylum Seekers
Katie Shepherd, National Advocacy Counsel for the Immigration Justice Campaign, writes about the immense harm and due process obstacles asylum seekers will face in light of the “Migrant Protection Protocols“ or “Remain in Mexico“ policy, and why Secretary Nielsen must immediately halt it
CA8 Upholds Denial of Asylum to Petitioner Who Feared Persecution in Guatemala Due to His Mam Ethnicity
The court held that the petitioner, who feared persecution on account of his Mam ethnicity from the Zetas criminal organization and others if returned to Guatemala, failed to establish an objective nexus between fear of future persecution and a protected ground. (Martin v. Barr, 3/5/19)
USCIS Processing Delays Soared While Application Rates Fell
AILA Policy Counsel Jason Boyd highlights newly released USCIS data and shows how the new information “has cast an even harsher glare on the agency's well-documented failure to process its caseload in a timely fashion.“
Acting AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership
The Acting AG referred a BIA decision to himself for review whether an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. Amicus briefs are now due by 3/13/19. Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
USCIS Releases Memo on Processing I-730 Petitions
USCIS released a memo providing I-730 guidance and updates. Per the memo, USCIS adjudicators must refer certain I-730 petitions to ICE so it can determine whether to pursue enforcement action against the beneficiary before USCIS adjudicates the petition. Courtesy Pangea Legal Services and NILA.
DHS Notice of Availability for Policy Guidance Related to Implementation of the Migrant Protection Protocols
DHS notice of the availability of certain policy guidance documents on the Migrant Protection Protocols. (84 FR 6811, 2/28/19)
Complaint Urges Immediate Release of Infants from Detention
AILA, the American Immigration Council, and CLINIC filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and the Office of the Inspector General (OIG) calling for the immediate release of numerous babies who are detained at the South Texas Family Residential Center (STFRC).
Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention
On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention.
Black Immigrant History is Part of Black History Month
In this blog post, part of the AILA Diversity & Inclusion series, AILA Second Vice President Allen Orr recognizes Black History Month, shares important research and analysis, and writes, “In the drive for immigration reform, black immigrants must not be forgotten or left out of the equation.“
CA9 Reverses Asylum Denial Where BIA Misapplied Firm Resettlement Rule
The court granted in part the petition for review of the BIA's denial of the Cameroonian petitioner's asylum claims and remanded, holding that the BIA committed three errors in its application of the firm resettlement rule. (Arrey v. Barr, 2/26/19)
CA5 Upholds Denial of Asylum to Member of Minority Clan in Somalia
The court denied the petition for review, holding that substantial evidence supported the BIA’s determination that the petitioner had failed to show that he would suffer persecution in Somalia because he belonged to the Ashraf minority clan. (Qorane v. Barr, 3/26/19)
USCIS Q&As from Asylum Division Quarterly Meeting (2/22/19)
USCIS provides Q&As from the 2/22/19 Asylum Division Quarterly meeting, including updates, statistics, processing times and scheduling, UACs, EADs, Matter of A-B-, public services, Remain in Mexico, credible and reasonable fear, untimely filings, and more.
CA7 Denies CAT Relief to Bisexual Petitioner Whose Father Was a Member of an Opposition Political Party in Guinea
The court found that petitioner had failed to establish that he more likely than not would be tortured if removed to Guinea due to his sexual orientation and father’s past political affiliation, and thus upheld the denial of Convention Against Torture (CAT) relief. (Barry v. Barr, 2/22/19)
Shining Some FOIA Light on the Immigration Courts
AILA Senior Policy Counsel Laura Lynch describes an EOIR memo, obtained via FOIA by AILA and the American Immigration Council, which lays out a plan, purportedly to lessen the immigration court backlog but which has done the opposite, bloating the backlog and undermining due process.
CRS Report on U.S. Asylum Policy
The Congressional Research Service provided a report on U.S. asylum policy including an overview of current asylum provisions, the asylum application process, and the evolution of U.S. asylum policy, as well as a discussion of selection policy issues.
CLINIC Submits Brief Regarding “Particular Social Group” Membership
CLINIC submitted a brief in Matter of L-E-A-, and argued that the Attorney General should reaffirm that immediate family units qualify as particular social groups and that the statutory one central reason test applies to such claims.
CA8 Denies Petition for Review for Gay Man from Bangladesh
The court found IJ/BIA correctly determined that asylum application filed more than six months after termination of student status was untimely; it also affirmed harm suffered did not rise to level of persecution for withholding or torture for CAT relief. (Lesum v. Barr, 2/15/19)
Bite-Sized Ethics: Asylum and Adult Mental Impairment
When representing a mentally impaired client in removal proceedings, a lawyer must pay special attention to the ethics rule on clients with diminished capacity. In this bite-sized article, learn about whose support the attorney should enlist and the attorney’s ethical obligations to their client.
CA11 Holds It Lacks Jurisdiction to Review Factual Findings Underlying Denials of Withholding and Deferral of Removal Relief
In an unpublished decision, the court denied in part and dismissed in part the petition for review, holding that it lacked jurisdiction to review the petitioner’s argument about the likelihood of future harm in Lebanon. (Nasrallah v. Att’y Gen., 2/14/19)