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
Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful
AILA President Anastasia Tonello and Executive Director Benjamin Johnson responded to today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A-B-, which restricted asylum for victims of domestic and gang violence.
DHS Issues Statement that Individuals Arriving from Mexico Without Proper Documentation May Be Returned to Mexico
DHS announced that effective immediately, the United States will invoke INA section 235(b)(2)(C), and under the Migration Protection Protocols, undocumented individuals arriving in or entering the United States from Mexico may be returned to Mexico for the duration of their immigration proceedings.
Retired IJs and Former Members of the BIA Issue Statement in Response Grace v. Whitaker
On December 19, 2018, retired IJs and former members of the BIA issued a statement in response to Judge Emmet Sullivan’s district court decision which imposed a permanent injunction on DHS from applying policies articulated in Matter of A-B- in its credible fear determinations.
District Court Finds Matter of A-B-'s General Rule Against Domestic Violence and Gang-Related Asylum Claims to Be Unlawful
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
New Mexico Delegation Demands Oversight Hearing on Death of Seven-Year old Child in CBP Custody
On 12/19/18, New Mexico Senators Tom Udall (D) and Martin Heinrich (D), and Representatives Ben Ray Lujan (D) and Michelle Lujan Grisham (D) urged Congress to hold oversight hearings on the death of seven-year-old Jakelin Caal Maquin after she and her father were held by CBP in New Mexico.
EOIR Releases Memo Establishing Interim Policy and Procedures for Compliance with Court Order in Grace v. Whitaker
EOIR released guidance on Grace v. Whitaker, stating that for all credible fear review hearings conducted on or after 12/19/18, IJs may not rely on several aspects of Matter of A-B- as a basis for affirming a negative credible fear determination. Guidance obtained from CGRS and ACLU.
USCIS Released Updated Guidance in Light of Court Order in Grace v. Whitaker
USCIS released an email and redacted USCIS policy memo on Matter of A-B-, outlining the provisions enjoined by the court order in Grace v. Whitaker. Guidance obtained from CGRS and ACLU.
CA6 Upholds Determination that Asylee Who Copied and Distributed Flyers Provided Material Support to Terrorist Organizations
The court affirmed USCIS adjustment denial and its finding that MeK and Fek between 1979 and 1981 were Iranian terrorist organizations and that copying and distributing flyers was material in that it was both “relevant” and “significant” to terrorism. (Hosseini v. Nielsen, 12/19/18)
ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies
The district court found that several of the credible fear policies articulated in Matter of A-B- and a subsequent policy memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. (Grace v. Whitaker, 12/19/18)
CA6 Upheld Denial, Finding BIA Adhered to Procedural Rules in Determining One- vs. Three-Member Panels
The court denied petitioner’s motion to reopen and found BIA applied the correct standards and fact finding and that the BIA adhered to the procedural rules in determining one- versus three-member panels when it assigned a single member to decide the motion. (Gafurova v. Whitaker, 12/18/18)
CRS Report on Refugee Admissions and Resettlement Policy
The Congressional Research Service (CRS) released an updated report on refugee admissions and resettlement policy, including FY2019 refugee ceiling and allocations, refugee processing priorities, admissibility of refugees, and special refugee provisions.
AILA Teams Up with the ACLU and Others to Tear Down Barriers to Access to Counsel
In this blog post, AILA Executive Director Benjamin Johnson describes the lawsuit AILA joined as plaintiff in response to ICE and Geo Group creating unlawful barriers to attorney-client communications.
Former IJ Jeffrey Chase Explains How “Family Unit” Memo Creates More Obstacles for Families
Former Immigration Judge Jeffrey Chase discussed the EOIR memo that announced the end of a reprieve on the prioritization of “Family Unit” cases, “under conditions designed to speed them through the immigration court system, ready or not, with or without representation, due process be damned.”
CA1 Upholds IJ/BIA Denial of Asylum Due to Lack of Nexus to a Protected Ground
The court found petitioner secretly informed Ecuadorian police about gangs suffered persecution, but failed to prove he was targeted due to political opinion or particular social group since there was no evidence that his attackers knew he was an informant. (Mendez v. Whitaker, 12/11/18)
CBP Reports that Claims of Credible Fear Increase in FY2018
CBP announced that claims of credible fear at ports of entry increased by 121 percent in FY2018.
CBP Provides Data on Southwest Border and Claims of Credible Fear
CBP provided data on individuals claiming credible fear at the southwest border between FY2017 and FY2018.
CBP Provides Data on Claims of Credible Fear Apprehensions by Sector
CBP provided data on individuals claiming credible fear at the southwest border, broken down by sector, between FY2017 and FY2018.
CBP Provides Data on Claims of Credible Fear Apprehensions by Field Office
CBP provided data on individuals claiming credible fear at the southwest border, broken down by field office, between FY2017 and FY2018.
CA9 Denies Government’s Motion for Stay of Restraining Order Enjoining Interim Final Rule on Asylum Claims
The court denied the government’s motion for a stay of the district court’s temporary restraining order enjoining the government from implementing the 11/9/18 interim final rule on asylum claims along the southern border. (East Bay Sanctuary Covenant v. Trump, 12/7/18)
U.S. Senators Demand Information on Death of Transgender Woman in ICE Custody
On 12/5/18, Senators Tom Udall (D-NM), Martin Heinrich (D-NM), and Kamala Harris (D-CA) sent a letter to ICE Acting Director Ronald Vitiello and CBP Commissioner Kevin McAleenan demanding information on the death of Roxana Hernandez, a transgender woman who died while in ICE custody.
Former Chairman of the BIA Paul W. Schmidt’s Speech on Winning Asylum and Saving Lives in the Era of A-B-
In a blog post on 12/4/18 former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered at the New York City Bar on seven steps to success for winning asylum cases in the era of Matter of A-B-.
BIA Grants Change of Venue in Interlocutory Appeal
Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18)
The Council and Other Immigrant Rights Organizations File Amicus Brief Arguing Acting AG Whitaker Lacks Authority to Decide Immigration Case
The American Immigration Council and advocates filed an amicus brief in Matter of Negusie that explains why President Donald Trump’s designation of Matthew G. Whitaker as acting attorney general is unlawful. Thus, Mr. Whitaker lacks the authority to decide a critical immigration case.
Practice Pointer: Matter of S-O-G- and F-D-B-
On 9/18/18, the AG issued a self-certified decision, limiting the power of IJs to dismiss or terminate removal proceedings, absent very narrow circumstances. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
DOJ Flyer: Information for Refugees and Asylees About the Form I-9
DOJ’s Immigrant & Employee Rights section provides a flyer with information for refugees and asylees about the Form I-9.