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
House Judiciary Democrats Request Answers to Family Separation Policy
On 6/28/18, Democrats in the House Judiciary Committee requested that the administration respond to questions about the inception and implantation of family separation policy, as well as the level of coordination between relevant agencies.
Sign-On Letter Asking Attorney General Sessions to Revoke Matter of A-B-
On June 27, 2018, AILA joined approximately 465 other organizations in a letter to Attorney General Jeff Sessions expressing concern for the lives of immigrant survivors of domestic violence following his wrongful decision in Matter of A-B- and asking him to immediately revoke the decision.
Law360 Obtains New Asylum Guidance Issued by IJs in Newark, New Jersey
Law360 obtained guidance that has been issued by Newark, New Jersey, immigration judges to those seeking asylum or other relief from deportation.
Vote No on Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Goodlatte’s “Securing America’s Future A
AILA recommends representatives vote “no” on Speaker Paul Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Bob Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760).
Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York
A federal judge granted a preliminary injunction, ending a policy of the ORR Director Scott Lloyd personally reviewing and approving the release of any detained immigrant child who is or has ever been in a heightened supervision placement while in ORR custody. (L.V.M v. Lloyd, 6/27/18)
A Victory for Due Process
AILA Policy Counsel Jason Boyd highlights the potential impact of the Supreme Court's decision in Sessions v. Pereira as it relates to information required on a Notice to Appear.
17 States File Complaint in District Court Against Family Separation
17 states filed a lawsuit contending that family separation policies and the practice of denying asylum seekers entry is unconstitutional and asks the federal court to order the administration to “stop implementing them immediately.” (State of Washington, et. al, v. USA, 6/26/18)
CA9 Finds That BIA’s Remand to IJ Was Broad in Scope
The court found that although BIA remanded for consideration of denial of CAT relief, the IJ did not err in reconsidering its prior adverse credibility determination and granting asylum relief, because BIA did not expressly retain jurisdiction. (Bermudez-Ariza v. Sessions, 6/25/18)
Executive Order Affording Congress an Opportunity to Address Family Separation
President Trump issued an executive order on 6/20/18, ordering DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things. (83 FR 29435, 6/25/18)
Former IJ Jeffrey S. Chase Asks: Are Summary Denials Coming to Immigration Court?
It has been reported that immigration judges around the country have been denying asylum cases summarily without hearing testimony. Former Immigration Judge Jeffrey S. Chase discussed this development in immigration court, including a timeline of recent decisions.
Tearing Down the Wall and Building Bridges
This blog post is adapted from the president's installation speech given by Anastasia Tonello, June 14, 2018 in San Francisco; she shares her message to AILA members and goals for her presidential year.
USCIS Announces Recall of 800 Incorrectly Printed EADs
On 6/21/18, USCIS will begin recalling approximately 800 employment authorization documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, due to a production error. Affected individuals and their attorneys will be notified.
AILA Quicktake #242: Executive Order on Family Separation Policy
AILA President Anastasia Tonello discusses the family separation Executive Order that President Trump signed on June 20, 2018.
AILA Members’ Letter to the Editor Template on Family Separation
We encourage AILA members to personalize and submit this Letter to the Editor on the administration’s harsh treatment of families at the border. Please email newsroom@aila.org with any questions or to share your success.
AILA: Expanding Family Detention Is Not the Answer to Cruel Family Separation Policy
Responding to the Executive Order regarding family separation, AILA President Anastasia Tonello stated, “The barriers to due process that AILA attorneys have encountered at every detention facility only underscore what needs to happen: both family separation and family detention must end.”
Sign-On Letter Opposing Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136)
On June 20, 2018, AILA joined approximately 350 organizations in a letter to members of Congress expressing grave concerns with Speaker Paul Ryan’s (R-WI) “Border Security and Immigration Reform Act of 2018” (H.R. 6136), and asking them to vote against the bill.
Sign-On Letter Opposing Representative Goodlatte’s “Securing America’s Future Act” (H.R.4760)
On June 19, 2018, AILA joined approximately 226 organizations in a letter to members of Congress opposing Representative Bob Goodlatte’s (R-VA) bill, the “Securing America’s Future Act” (H.R.4760).
AMA Urges Government to Withdraw “Zero Tolerance” Policies
The American Medical Association (AMA) issued a letter to DHS, DOJ, and HHS, strongly urging the federal government to withdraw its “zero tolerance” policy that requires the separation of migrating children from their parents and caregivers.
S. 3091: Protect Kids and Parents Act
On 6/19/18, Senator Ted Cruz (R-TX) introduced the Protect Kids and Parents Act (S. 3091) to limit the separation of families seeking asylum in the United States and expedite the asylum process for individuals arriving in the United States with children.
H.R. 6135: Keep Families Together Act
On 6/19/18, Representative Jerrold Nadler (D-NY) introduced the Keep Families Together Act (H.R. 6135) to limit the separation of families at or near ports of entry. This is the House companion bill to S. 3036.
The U.S. Turns Its Back on Domestic Violence Victims
AILA member Jillian Blake shares what the decision in Matter of A- B- will mean for victims of domestic and gang violence and their claims to asylum, writing “there may be no repair for the damage his decisions will have on countless persecuted women.“
Former IJ Jeffrey S. Chase Responds to Matter of A-B- in Blog Post
Former immigration judge (IJ) Jeffrey S. Chase published a blog post, Women Need Not Apply, about the Attorney General’s Decision in Matter of A-B-, calling it “shockingly tone deaf” and discussing how it will influence IJs future decisions in asylum cases involving domestic violence.
Vox Obtains USCIS Interim Guidance on Matter of A-B-
Vox obtained an email written by John L. Lafferty, Chief of USCIS’s Asylum Division, with interim guidance regarding the Attorney General’s 6/11/18 decision in Matter of A-B-, as well as the Office of Chief Counsel’s summary of the decision.
Statement of Harvard Immigration and Refugee Clinical Program on Matter of A-B- Issued by Attorney General Sessions on June 11
Harvard Immigration and Refugee Clinical Program release statement in response to the Attorney General’s decision in Matter of A-B-, calling it “deeply flawed” and an effort to “set back the clock on decades of development of the law to provide protection to women.”
USCIS Provides Guidance on Nexus and the Protected Grounds
USCIS provided the RAIO Combined Training Course on the five protected grounds for refugees and their interpretation in administrative and judicial case law and how to determine whether an applicant has established harm on account of one of the five protected grounds.