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
DHS Releases Policy Guidance for Implementation of the Migrant Protection Protocols
DHS released guidance on the Migrant Protection Protocols including information on Section 235(b)(2)(C) as well as prosecutorial discretion and non-refoulement.
CA1 Finds Failure to Demonstrate Past Persecution or Fear of Future Persecution Based on Any Protected Ground
The court affirmed petitioner only raised “wealthy returning Guatemalans” as protected ground, which precedent says is not PSG; failed to raise family status as potential protected ground; and failed to establish any fear of torture for CAT remedy. (Batres Agustin v. Whitaker, 1/25/19)
CA11 Upholds Denial for Failure to Show Membership in a Cognizable Social Group
The court affirmed—whether under Chevron or de novo—that “Mexican citizens targeted by criminal groups because they have been in the US and they have families in the US” was not sufficiently particular nor distinct to be PSG; it also found no nexus. (Perez-Zenteno v. Att’y Gen., 1/25/19)
End the Shutdown and Secure the Border Act: What’s Wrong with the Trump-McConnell Bill
AILA Member Sabrina Damast highlights the damaging provisions in the bill supported by the administration to end the shutdown which would negatively impact Dreamers, TPS-recipients, and asylum seekers.
DHS Releases Information Regarding Migrant Protection Protocols
DHS released information on the Migrant Protection Protocols, whereby certain individuals entering from Mexico may be returned to wait outside the U.S. for the duration of their immigration proceedings. Individuals will be given a Notice to Appear and returned to Mexico until their hearing date.
CA1 Holds Persecutor Bar Applies Even If Applicant Lacked Personal Motive When Participating in Persecution
The court upheld reversal of NACARA cancellation, finding persecutor bar does not require an assistant share persecutors’ motive; bar applies to one who knowingly aided persecution based on protected ground, regardless of whether they held “illicit motive.” (Alvarado v. Whitaker, 1/24/19)
CA9 Grants in Part and Remands for Proper Internal Relocation Analysis
The court found BIA erred by not conducting a sufficiently individualized relocation analysis, failing to consider petitioner’s safety if he continued expressing political opinion in relocated area and assuming he could stop his expression to avoid harm. (Singh v. Whitaker, 1/24/19)
CA3 Holds Bad Advice from Non-Lawyer and Consequent Failure to Attend Removal Hearing Is Not Exceptional Circumstance
The court held missed removal hearing based on non-legal bad advice was neither extreme nor beyond petitioner’s control and affirmed in absentia order did not violate due process, distinguishing Cabrera-Perez (slight lateness vs. failure to appear). (Jean Louis v. Att’y Gen., 1/23/19)
CA7 Remands and Holds BIA Legally Erred by Denying MTR Based on Incorrect Determination
The court held BIA misapprehended the purpose of new evidence submitted in support of sua sponte MTR, which might have adversely affected its exercise of discretion when it denied relief since it left doubt as to whether the new evidence was fully considered. (Fuller v. Whitaker, 1/23/19)
USCIS Provides Training Material on the International Religious Freedom Act and Religious Persecution
USCIS provided its RAIO Combined Training Course on the International Religious Freedom Act and the responsibilities that the Act creates for adjudicating protection claims.
USCIS Provides RAIO Combined Training Course on Well-Founded Fear
USCIS provided the RAIO Combined Training Course on well-founded fear. This module provides guidance on how to determine whether an applicant has established a reasonable possibility of suffering future harm in the country of nationality or last habitual residence.
USCIS Provides RAIO Combined Training Course on Firm Resettlement
USCIS released its RAIO combined training course on firm resettlement with an overview of the bars for asylum and refugee resettlement.
USCIS Provides RAIO Combined Training Course on Refugee Definition
USCIS provided its RAIO Combined Training Course on refugee definition. This module discusses the definition of a refugee as codifed in the INA and its interpretation in administrative and judicial case law.
Go to Tijuana. Go Now.
In this blog post, AILA members Kara Lynum and Christina Brown describe their experience volunteering at the border with asylum seekers and urge other AILA members and the public to take action as well!
CA1 Upholds BIA Denial of MTR for Failure to Show Material Change in Country Conditions for Asylum
The court found gang and cartel violence in Mexico between 2012 and 2018 had not materially changed; rather, gang/cartel violence was a persistent problem and one that petitioner failed to prove would impact her as an “imputed American citizen.” (Garcia-Aguilar v. Whitaker, 1/16/19)
CA5 Upholds BIA Denial of Untimely Filed MTR, Finds No Relevant Exceptions
The court held motion to reopen denial based on ambiguous record of mailing address was not abuse of discretion; no jurisdiction to review changed country conditions as it’s question of fact; and no due process violation because no liberty interest exists in MTR. (Mejia v. Whitaker, 1/16/19)
CA9 Upholds BIA Denials of Asylum and Withholding, Affirms No Duress or De Minimus Exceptions to Material Support Bar
The court held Annachamy foreclosed duress argument, and, thus, was not colorable claim for jurisdiction over otherwise unreviewable determination; also held plain text of material support bar unambiguously contained no exception for de minimus funds. (Rayamajhi v. Whitaker, 1/15/19)
AILA Quicktake #255: President Trump Addresses the Nation for Support on the Border Wall
Greg Chen, AILA's Director of Government Relations, discusses President Trump's remarks from his speech on January 8, 2019, and explains why we need to invest in the immigration courts rather than a border wall.
AILA and the American Immigration Council Submit Comment Opposing “Asylum Ban” Interim Final Rule
AILA and the Council submitted a comment, explaining how the rule is contrary to clear statutory law and, if implemented, would strip fundamental protections from vulnerable individuals fleeing persecution while undermining America’s tradition as a global leader in humanitarian protection.
CA4 Upholds BIA Dismissal of Appeal from Withholding Denial for Lack of Nexus Due to Alleged Protected Ground
The court did not reach whether harm constituted persecution or petitioner was member of proposed PSG (related to disabled family member) because it affirmed no nexus; rather, evidence showed rejection of gang membership triggered harassment. (Cortez-Mendez v. Whitaker, 1/7/19)
CA5 Holds BIA’s Adverse Credibility Determination Supported by Explicitly Considered and Substantial Evidence
The court held BIA did not err in relying on inconsistencies between testimony, application, and affidavits; nor did it err in determining that corroborating documentary evidence was reiterative and failed to resolve the inconsistencies within main narrative. (Ghotra v. Whitaker, 1/4/19)
CA8 Found Lack of Past Persecution or Well-Founded Fear of Future Persecution for English-Speaking Cameroonian
The court held harm perpetrated by Cameroonian gendarmerie did not meet past persecution; that petitioner failed to satisfy the objective element for fear of future persecution; and that failure to meet asylum eligibility foreclosed withholding and CAT. (Njong v. Whitaker, 12/28/18)
See Your Successes – the Justice Campaign’s Year in Numbers
Justice Campaign director Karen Lucas reflects on the difficulties and triumphs of 2018, writing that because of the amazing work of volunteers, the campaign “will enter 2019 with something that cannot and will not be deterred by anti-immigrant executive actions and rhetoric: hope.“
Acting Attorney General Matthew G. Whitaker Issues Statement Regarding the Administration’s Agreement with Mexico
Acting Attorney General Matthew G. Whitaker issued a statement in support of the Trump administration’s “Remain in Mexico” policy.
Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy
AILA responds to the government’s new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge, and calls on them to immediately restore asylum seekers’ ability to pursue their claims inside the U.S.