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 Grants Review and Remands, Holds BIA Erred in Finding Asylum, W/H Applicant Failed to Establish Past Persecution Despite Numerous Death Threats
The court held death threats, alone, established past persecution and BIA abused its discretion by requiring additional proof of long-term physical/mental harm; remanded to determine if applicant has well-founded fear for future persecution. (Tairou v. Whitaker, 11/30/18)
U.S. Senators Urge the President to Revoke the Presidential Proclamation Limiting Asylum Seekers
On 11/30/18, nine U.S. senators led by Senator Richard Blumenthal (D-CT) called on the President to immediately revoke what they claim is an illegal Presidential Proclamation that would drastically limiting the ability of refugees to claim asylum.
AILA and the Council Submit Amicus Brief Challenging BIA Decision on Motions to Reopen
AILA and the American Immigration Council submitted an amicus brief in the Ninth Circuit’s Amaya v. Whitaker, challenging the BIA decision that the reinstatement statute bars all motions to reopen.
U.S. Representatives Send Letter to President Trump on “Remain in Mexico” Policy
On 11/30/18, Representatives Meng (D-NY), Price (D-NC), and Castro (D-TX) sent a letter to President Trump urging him to stop negotiations with incoming President of Mexico Andres Manuel Lopez Obrador on the “remain in Mexico” plan for asylum seekers.
AILA Policy Brief: The “Asylum Ban” Flouts U.S. Law and Endangers the Lives of Asylum Seekers
This policy brief examines how the “asylum ban” violates the law, rests on false assumptions, and would jeopardize the lives of bona fide asylum seekers. The brief also presents solutions for addressing root causes and processing of arriving individuals in a fair, humane, and efficient manner.
TRAC Report: Asylum Decisions and Denials Jump in 2018
TRAC found the FY2018 broke records for the number of decisions (42,224) by immigration judges granting or denying asylum. Denials grew faster than grants, pushing denial rates up as well.
USCIS’s New Policy is a Boon to Abusers and Traffickers
Christie Popp shares her experiences working with immigrant victims and witnesses of crimes and highlights how the new USCIS NTA policy for VAWA, U- and T-visas will hinder law enforcement efforts and cause harm, not only to applicants, but to their families and communities as well.
CRS Legal Sidebar: District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border
The Trump administration attempted to bar individuals from pursuing an asylum claim unless they arrive at a designated port of entry, prompting a district court to issue a temporary restraining order. This Legal Sidebar discusses the legal background, the presidential proclamation, and more.
AILA and National Justice for Our Neighbors Submit Amicus Brief on Persecutor Bar
AILA and the National Justice for Our Neighbors resubmitted their amicus brief in Matter of Negusie, on the issue of the standards (including relevant burdens of proof) to determine if an asylum applicant is subject to the persecutor bar and the standards for qualifying for a duress defense.
CBP Closed the San Ysidro Port of Entry on Sunday, November 25
CBP temporarily suspended operations at the San Ysidro port of entry on 11/25/18 at 11:30 am and as of 2:00 pm, operations have not resumed. All northbound and southbound crossings for both pedestrian and vehicles has been suspended.
DOS Issues Statement on Migrant Caravan and Working with Mexico
Secretary of State Michael R. Pompeo issued a statement on “protecting our southern border and working with Mexico to address caravans and the safety of those transiting Mexico.”
Yuma Sector Border Patrol Welcomes 50 U.S. Border Patrol Agents from Various Sectors
CBP announced that Yuma Sector Border Patrol is ramping up border security efforts by welcoming 50 U.S. Border Patrol agents from various sectors in support of Operation Secure Line. The length of tours vary and are subject to change pending mission requirements.
Queens Immigration Attorney Found Guilty of Operating Asylum Fraud Scheme
A United States Attorney for the Southern District of New York announced that Andreea Dumitru, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was found guilty of asylum fraud, making false statements to immigration authorities, and aggravated identity theft.
CBP Temporarily Suspends Some Operations at San Ysidro Port of Entry
CBP temporarily suspended operations at the San Ysidro port of entry on 11/19/18 at 3:15am, when processing for all northbound vehicle traffic as well as northbound pedestrian processing was suspended. The lanes were closed to install additional port hardening materials at the port of entry.
EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)
EOIR issued a memo on the timely adjudication of asylum applications under INA §208(d)(5)(A)(iii), which states that absent exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. Memo was reinstated on 2/3/25 after having been rescinded on 4/18/22.
EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases
EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.
Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States
President Trump issued Proclamation 9822 on 11/9/18 that suspended, for a limited period, the entry of certain individuals traveling through Mexico and seeking to entry the United States. (83 FR 57661, 11/15/18)
CA1 Upholds IJ/BIA Denial for Lack of Corroborating Evidence to Support Otherwise Inconsistent Claims
The court held that substantial evidence supported IJ/BIA denial because petitioner failed to adequately corroborate vague and inconsistent testimony of past persecution with reasonably-available evidence. (Avelar-Gonzalez v. Whitaker, 11/15/18)
EOIR Releases Guidance Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border
EOIR released guidance on the presidential proclamation, stating that the suspension and limitation on entry applies only to individuals who entered after the date of the proclamation, thus applying to individuals who entered on 11/10/18, or later, until the expiration of the proclamation.
Serving Those Who Serve Our Country
As we reflect on Veterans Day, this blog post offers insights into the impact of immigration law on members of the military and their families and encourages AILA members to “help a service member by bringing immigration legal expertise and a caring heart to bear on these important cases.“
CBP Works with Military to Harden Border Security Ahead of Caravan Arrival
CBP announced that more than 5,000 U.S. military troops are in the southwest border region to support CBP officers and Border Patrol agents. This includes “shoring up security at the ports of entry” with the troops laying concertina wire and placing vehicle barriers.
Reality vs. Rhetoric – Why Are People Fleeing to the United States?
In this blog post, AILA Board of Governors member Ally Bolour describes the country conditions in Central America, and involvement therein by the United States government over decades, that have led to refugees seeking protection.
DHS and DOJ Joint Interim Final Rule on Asylum Claims Along the Southern Border
Joint DHS/DOJ interim final rule with request for comment governing asylum claims for individuals who violate a suspension or limitation on entry into the U.S. imposed by a presidential proclamation or presidential order. The rule is effective 11/9/18. Comments are due 1/8/19. (83 FR 55934, 11/9/18)
AILA Quicktake #253: Trump Administration’s New Proclamation on Asylum
AILA's Policy Counsel Jason Boyd discusses President Trump's proclamation on asylum and its impact on the southern border of the United States.
USCIS Provides Procedural Guidance on Implementing Regulatory Changes Created by Interim Final Rule
USCIS issued procedural guidance to provide USCIS asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under CAT, including in the credible fear context, to conform to the Interim Final Rule (83 FR 55934, 11/9/18).