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
BIA Finds Escalation of Threats Qualifies as Changed Circumstances
Unpublished BIA decision finds asylum applicant qualifies for changed circumstances exception based on escalating assaults on family members that also shed light on the assailants’ motives. Special thanks to IRAC. (Matter of E-R-Z-, 10/12/18)
Trump Administration Offers Agreement to Provide Separated Parents a Second Chance at Asylum
The Trump administration, as well as counsel from Ms. L v. ICE, M. M. M. v. ICE, and Dora v. Sessions, came up with an agreement that would allow parents who were separated from their children at the southwest border, a second chance to make asylum claims in the United States.
GAO Issues Report on Agency Efforts to Reunify Children Separated from Parents at the Border
The GAO issued a report on the processes for tracking and reunifying separated families. This report discusses DHS/HHS efforts related to the AG’s April 2018 memo, systems for indicating children were separated from parents, and actions to reunify families in response to the June 2018 court order.
CA8 Finds Applicant Failed to Establish Past Persecution or Well-Founded Fear of Future Persecution
The court held that harm petitioner suffered did not rise to the level of persecution, and that potential future persecution was avoidable by reasonable relocation within Ecuador based on petitioner’s prior successful relocations. (Molina-Cabrera v. Sessions, 10/5/18)
Practice Pointer: Allegations of Fraud at the Adjustment of Status Phase for Asylees
AILA provides a practice pointer on USCIS’s legal authority to allege acts of fraud predating an asylum grant in the course of adjudicating adjustment cases. It provides tips for preparing asylees’ adjustment applications and responding to RFEs or other notices raising allegations of fraud.
House Members Condemn Transfer of Migrant Children to Tent City in Texas
On 10/5/18, Representatives Lucille Roybal-Allard (D-CA), Pramila Jayapal (D-WA), and Zoe Lofgren (D-CA) led a group of 72 members of Congress in sending a letter to DHHS and DHS condemning the transfer of more than 1,600 children to an Office of Refugee Resettlement tent city in Tornillo, TX.
CA3 Vacates Withholding and CAT Denials, Remands for Evidence Corroboration Determination
The court held that by applying Matter of L–A–C– to find petitioner failed to corroborate credible testimony for CAT and withholding, IJ erred in not following CA3 requirements of notice and opportunity for expected corroborating evidence. (Saravia v. Att’y Gen., 10/1/18)
EOIR Releases Statistics on Credible Fear Review and Reasonable Fear Review Decisions for FY2009–FY2018
EOIR released statistics on credible fear review and reasonable fear review decisions from FY2009 through FY2018, which ended on 9/30/18.
EOIR Releases Statistics on Decision Outcomes for FY2018
EOIR released statistics on outcomes of initial case decisions for FY2018 (10/1/17–9/30/18). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Released Rates of Asylum Filings in Cases Originating with a Credible Fear Claim for FY2008–FY2018
EOIR released rates of asylum filings in cases originating with a credible fear claim, broken down by those referred following a credible fear claim and those referred following a credible fear claim and filed asylum application, for FY2008–FY2018.
EOIR Released Asylum Decision Rates by Nationality for FY2018
EOIR released asylum rates broken down by nationality for FY2018, including information on asylum grants, denials, administrative closure, and more.
USCIS Statistics on Credible Fear Processing Time for FY2018
USCIS provides statistics on credible fear processing time for FY2018 (10/1/17 through 9/30/18), including total decisions served, total completions, and statistics on timeliness of completions.
EOIR Releases Median Completion Times for Detained Cases
EOIR released the median completion time for detained cases for FY2008 through FY2018, broken down by non-review cases (removal, deportation, exclusion, asylum-only, and withholding-only cases) and review cases (credible fear review, reasonable fear review, and claimed status review).
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on orders issued in absentia in removal, deportation, and exclusion cases in which the individual filed an asylum application for FY2008 through FY2018.
USCIS Provides Statistics on NACARA Cases Through 9/30/18
The USCIS Asylum Division provides cumulative NACARA workload statistics from 6/21/99 through 9/30/18.
USCIS Credible and Reasonable Fear Workloads for FY2018
USCIS provides reports on credible and reasonable fear workloads for FY2018 (October 2017–September 2018), including total caseloads as well as the inland and port of entry caseloads, broken down by month, office, and case status. Nationality reports are also included.
USCIS Statistics on Asylum Filings for Minors for FY2018
USCIS statistics for FY2018 (October 2017–September 2018) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filing with USCIS under the initial jurisdiction provision of the TVPRA.
EOIR Released Statistics on Asylum Grant Rates by Court for FY2018
EOIR has released statistics on asylum grant rates by court for FY2018.
Congress Urges DHS Inspector General to Investigate Allegations of Coercion and Abuse Against Separated Immigrant Parents
On 9/26/18, members of the House and Senate sent a letter to the Department of Homeland Security’s Acting Inspector General, urging for an investigation of allegations of coercion and abuse by DHS officers against immigrant parents separated from their children at the border.
Policy Brief: S. 3478 Would Codify Cruelty Against Arriving Children
In this policy brief, AILA expresses its opposition to S. 3478, which would eviscerate long-standing legal standards and protections for immigrant children and families seeking asylum who arrive at the U.S. border.
USCIS 30-Day Extension of Comment Period on Proposed Changes to Form I-602
USCIS 30-day extension of a comment period originally announced at 83 FR 25026 on 5/31/18 on proposed revisions to Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Comments are now due by 10/22/18. (83 FR 47932, 9/21/18)
UC Hastings CGRS Announces Launch of New Expert Witness Database
The UC Hastings Center for Gender & Refugee Studies (CGRS) launched a new expert witness database offering advocates a searchable repository of qualified and pre-vetted country specialists and health professionals who serve as expert witnesses to support asylum seekers in the United States.
S. 3478: Fixing America's Marred Immigration Laws to Improve and Ensure Security
On 9/18/18, Senator Ron Johnson (R-WI) introduced the Fixing America's Marred Immigration Laws to Improve and Ensure Security or “FAMILIES Act.” AILA opposes S. 3478, which would eviscerate long-standing legal standards and protections for immigrant children and families seeking asylum.
CA9 Grants in Part, Remanding Reasonable Fear Review MTR for Sua Sponte Consideration; Denies in Part, Affirming IJ/AO Negative Reasonable Fear Determ
The court held substantial evidence did not compel a conclusion that IJ erred by not specifically addressing all evidence in reasonable fear review, which are statutorily abbreviated, yet IJ abused his discretion by denying jurisdiction to reopen proceedings. (Bartolome v. Sessions, 9/14/18)
Attorney General Delivers Remarks to New Class of Immigration Judges
Attorney General Jeff Sessions delivered remarks to an incoming class of 44 immigration judges in Falls Church, Virginia. In his remarks he accused “good lawyers” of using their talents and skills “to get around the plain words of the INA,” and spoke about asylum, the border, and other topics.