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
AILA Submits Amicus Brief Challenging the Attorney General’s Irregular Certification Process
AILA submitted an amicus brief challenging the irregularities and potential abuse of power in the Attorney General’s certification process, stating that the current process has “significant cracks and breaks which cannot rightly hold the water as intended.”
EOIR Issues Memo with Guidelines Regarding New Regulations Governing Asylum and Protection Claims
EOIR Director James R. McHenry III issued guidelines that establishes EOIR policy and procedures for adjudication of asylum claims in the context of undocumented immigrants subject to a presidential proclamation or order under INA §212(f) or 215(a)(1).
DOJ and DHS Issue New Rule Applying President’s Authority to Suspend Entry to Asylum
DOJ announced a joint DOJ/DHS interim final rule declaring that individuals who violate a presidential suspension or limitation on entry into the U.S. through the southern border issued under INA §212(f) or 215(a)(1) will be rendered ineligible for asylum.
Trump Administration Issues Advance Copy of Rule Intended to Gut Asylum Seekers’ Due Process Rights
AILA responded to the advance copy of an interim rule issued by the Trump administration that would gut asylum seekers’ due process rights; a presidential proclamation is expected Friday, November 9, 2018.
Justice Department Settles Immigration-Related Discrimination Claim Against New York Hotel
DOJ announced a settlement with the management company operating the Hyatt Place Hotel at the Flushing/Laguardia Airport. An investigation, initiated based on a worker’s complaint, concluded citizenship status discrimination occurred against an asylee because he was removed from the hiring process.
CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group
The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18)
CBP Announces Partnership with DOD Along Southwest Border
CBP announced the launch of Operation Secure Line with the Department of Defense (DoD), including the deployment of thousands of active duty U.S. military personnel. DoD is providing DHS and CBP a range of assistance, including planning, engineering, transportation, logistics and medical support.
AG Refers BIA Case to Himself and Invites Amicus Regarding Coercion and Duress
The Attorney General referred a BIA decision to himself for review on whether coercion and duress are relevant to the application of the persecutor bar. The Attorney General extended the deadline for amicus briefs to 11/30/18. Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
On Election Day…Vote for All of Us
AILA Executive Director Benjamin Johnson urges everyone eligible to vote and to participate in the #MyImmigrantHistory campaign, writing, “Tomorrow is a chance to exercise our rights as Americans, and to vote not just for our issue but for a future that all Americans can see themselves in.“
Amended Legal Filing Alleges High-Level Trump Administration Officials Restricted Asylum Access via “Turnback Policy”
The American Immigration Council, with the Center for Constitutional Rights and Southern Poverty Law Center, filed a second amendment to a class action lawsuit challenging CBP’s practice of turning away asylum seekers at the U.S.-Mexico border. (Al Otro Lado, Inc. v. Nielsen, 11/13/18)
Presidential Determination on Refugee Admissions for FY2019
Presidential determination on refugee admissions for FY2019, stating that the admission of up to 30,000 refugees shall be allowed and providing regional ceilings. (83 FR 55091, 11/1/18)
EOIR Releases FY2017 Statistics Yearbook
EOIR released its FY2017 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
Trump Places Partisan Politics Over Real Solutions in Muddled Speech on Immigration
AILA responded to President Trump’s announced plans to rewrite American asylum law and procedures and construct tent cities where families and asylum seekers will be detained for years. Details of the plan were not offered, but will reportedly be announced next week.
BIA Finds Respondent Provided Insufficient Evidence He Would Be “Tortured” in a Mexican Institution
BIA dismissed the appeal and upheld IJ determination that the respondent did not show eligibility for protection under the Convention Against Torture based on conditions of mental health facilities in Mexico. Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
USCIS Asylum Office Workload for September 2018
USCIS provides statistics on affirmative asylum office workload, including stages of asylum cases (filed, interviews conducted, completed, pending), broken down by office and nationality of applicants for September 2018.
A Second Chance at Asylum for Indonesian Families
In this blog post, AILA member and Immigration Justice Campaign volunteer Lisa Modecker shares how she was able to successfully reopen the case of Mr. and Mrs. Sombah, Indonesian Christians at risk of deportation back to danger in their home country after years of refuge in the United States.
BIA Holds Aggravated Felony Bar in INA §212(h) Does Not Apply to Prior Refugees
Unpublished BIA decision holds that an aggravated felony bar in INA §212(h) does not apply to applicants who were admitted as refugees before adjusting to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 10/29/18)
CA7 Denies Petition, Upholding IJ/BIA Denial of CAT Deferral of Removal and BIA Denial of MTR
The court sustained IJ’s deferral denial per substantial evidence standard, holding evidence of torture was speculative and generalized; it also held BIA correctly applied “reasonable likelihood” standard for MTR denial, so no legal error committed. (Molina-Avila v. Sessions, 10/25/18)
EOIR Releases Materials from the 2018 Legal Training Program for Immigration Judges
Obtained via FOIA by Hoppock Law Firm, EOIR released training materials from its 2018 Legal Training Program, including on claims to citizenship, non-LPR cancellation, evidentiary challenges, criminal immigration and bond law, and asylum law. Special thanks to Matthew Hoppock.
CA6 Remands, Holds BIA Denial of MTR Based on Changed Country Conditions Was Not Harmless Error
The court found BIA summarily decided evidence was insufficient and, thus, failed to articulate a reasonable basis for the denial on which the court could give meaningful review; it held such cursory and conclusory decisions were arbitrary. (Precetaj v. Sessions, 10/24/18)
DOS Issues Statement on Migrant Caravan and Mexico’s Response
Secretary of State Michael R. Pompeo issued a statement on the migrant caravan, stating that “We understand Mexico will detain and repatriate migrants who enter Mexico in violation of Mexican law, and in instances where migrants apply for asylum, process the requests in accordance with Mexican law.”
The Detective Work of Asylum Cases: How Surgeons Can Help
In this blog post, AILA member and Immigration Justice Campaign volunteer Nikki Lyons describes how working with medical experts, particularly surgeons, can offer a way to corroborate details of an asylum seeker's case based on wounds and scars left from persecution.
DOS Secretary and Mexican Foreign Affairs Secretary Deliver Remarks on Caravan of Honduran Migrants
Secretary of State Michael Pompeo and Mexican Foreign Affairs Secretary Luis Videgaray delivered remarks in Mexico City about discussions between the U.S. and Mexican governments regarding a caravan of Honduran citizens travelling through Central America and Mexico in route to the United States.
Practice Pointer: Matter of A-B- and Discretion
This resource examines how practitioners should approach the issue of discretion in asylum cases following the Attorney’s General decision in Matter of A-B- and USCIS’s policy memorandum on that decision.
New Legal Filing Links High-Level Trump Officials to Asylum “Turnback Policy”
The American Immigration Council, along with the Center for Constitutional Rights and Southern Poverty Law Center, filed an amendment to a class action lawsuit challenging CBP’s unlawful practice of turning away asylum seekers at U.S.-Mexico border. (Al Otro Lado, Inc. v. Nielsen, 10/12/18)