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 Report: Cogs in the Deportation Machine
AILA provides a report that surveys policy changes to immigration enforcement made by the Trump administration. Taken together, the reforms constitute a system-wide escalation of the federal government’s authority and capacity to apprehend, detain, and deport noncitizens.
Lawmakers on Capitol Hill Heard from AILA Loud and Clear, but there is More to Do!
AILA Associate Director of Government Relations Diane Rish reflects on AILA's National Day of Action and shares how AILA members and the public can continue making their voices heard on important immigration law and policy issues that matter to them.
CA11 Upholds Denial of Asylum to Petitioner Who Supported Gay Rights in Cameroon
The court denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner did not experience past persecution and did not have a well-founded fear of future persecution. (Sama v. Attorney General, 4/19/18)
Retired IJs and Former BIA Members Issues Statement on Strengthening and Reforming America’s Immigration Court System
On 4/18/18, 18 retired immigration judges (IJs) and former members of the BIA submitted a statement to the Senate Judiciary Subcommittee on Border Security and Immigration, stating that the immigration court system is in crisis and asking Congress to remove the immigration court system from the DOJ.
Immigration Law Professors Issue Statement on Strengthening and Reforming America’s Immigration Court System
On 4/18/18, 38 immigration law professors submitted a statement to the Senate Judiciary Subcommittee on Border Security and Immigration calling on Congress to create an independent immigration court and to defend the court against the DOJ’s attempts to erode due process.
Senate and House Judiciary Democrats Condemn DOJ for Undermining Due Process
On 4/17/18, all Democratic members of the Senate and House Judiciary Committees wrote a letter to the Attorney General expressing their opposition to DOJ’s recent termination of the Legal Orientation Program and the imposition of numeric case quotas for immigration judges.
2018 National Day of Action Booklet
AILA encourages members to share this booklet with their representatives during AILA's National Day of Action in Washington, D.C, on April 12, 2018. AILA calls upon Congress and the president to overcome partisan difference and enact laws that update our legal immigration system.
Sign-On Letter Requesting Transparency and Accountability for Immigration Detention
On 4/5/18, AILA joined nine organizations in a letter to Kirstjen Nielsen, Secretary of Homeland Security, and Thomas Homan, Acting Director of ICE, requesting that they bear accountability for the ongoing mismanagement of the detention system and comply with the limitations on agency spending.
CA8 Denies Petition for Review of Denial of Asylum to Guatemalan Survivor of Gender-Based Violence
The court denied the petition for review of the denial of asylum, finding that the harm inflicted on the petitioner by her husband and by a neighbor did not rise to the level of persecution and that she failed to establish a fear of future persecution. (Lopez v. Sessions, 4/3/18)
John Oliver on Immigration Courts
HBO’s “Last Week Tonight with John Oliver” aired a comedic yet powerful segment on injustices in U.S. immigration courts. Several AILA members were consulted about the piece and helped shape it.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (April 2018)
Summary of recent case law out of the Eleventh Circuit, courtesy of the AILA Georgia-Alabama, Central Florida, and South Florida Chapters. The information was compiled in April 2018 and should be used as a starting point in research.
EOIR Released Asylum Decision Rates in Cases Originating with a Credible Fear Claim
EOIR released the asylum decision rates in cases originating with a credible fear claim from FY2008 through FY2018 (as of 3/31/18). For FY2018, there is a 27.98% grant rate.
EOIR Releases Rates of Asylum Filings in Cases Originating with a Credible Fear Claim
EOIR released rates of asylum filings in cases originating with a credible fear claim for FY2008 through the second quarter of FY2018 (3/31/18), broken down by those referred following a credible fear claim and those referred following a credible fear claim and a filed asylum application.
Attorney General Issues Updates in Matter of A-B-
The Attorney General denied DHS’s request that he suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for an extension of the deadline for submitting briefs in this case. Matter of A-B-, 27 I&N Dec. 247 (A.G. 2018)
CA2 Finds Petitioner Removable Where CSA Drug Schedules Were Broader at Time of Conviction Than at Time of Removal
The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18)
CA1 Denies Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners
The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18)
Senate Democrats Urge Appropriations Committee to Maintain Humanitarian Assistance for Refugees in FY2019
On March 26, 2018, 25 Senate Democrats signed a letter to Chairman Cochran and Vice Chairman Leahy of the Senate Appropriations Committee urging them to include robust funding for programs that support refugees and other vulnerable migrant populations in FY2019 appropriations.
Practice Pointer: Burmese Refugees Receiving Interview Notices from USCIS Field Offices Nationwide
AILA provides information regarding a recent trend of Burmese refugees receiving interview notices from USCIS Field Offices as a part of a nationwide USCIS investigation. Members should send questions directly to USCIS at uscis.mfi@uscis.dhs.gov.
House Democrats Urge Appropriation Subcommittees to Maintain International Humanitarian Assistance for Refugees in FY2019
On March 16, 2018, 118 House Democrats wrote chairs and ranking members of three different appropriations subcommittees explaining the need to maintain robust funding for programs that support refugees for FY2019.
CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive
The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18)
When Fear Is Just the Beginning
AILA member Ruben Reyes shares how the AILA community came together to try and determine if specific inquiries from USCIS were local or national in scope, writing “National trends are often revealed when local experts start talking and comparing notes. These days, doing so is even more important.
CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China
In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18)
CA3 Finds Counsel’s No-Show at Reasonable-Fear Screening Didn’t Warrant Relief
The court denied the petitions for review, determining that the petitioner failed to demonstrate that his due process rights were violated when an immigration judge reviewed a negative reasonable fear determination without his attorney present. (Bonilla v. Sessions, 3/15/18)
CA7 Finds Mexican Petitioner Did Not Meet Burden to Establish Eligibility for Withholding of Removal or CAT Relief
The court denied the petition for review, finding that the petitioner did not meet his burden in establishing that he would be subject to future persecution or torture, and that he was thus not entitled to withholding of removal or relief under the CAT. (Cruz-Martinez v. Sessions, 3/14/18)
AILA Report “Cogs in the Deportation Machine” Shows Massive Escalation of Immigration Enforcement
AILA released a new report detailing how the Trump administration has systematically increased enforcement, using harsh, indiscriminate methods to deport thousands of families, asylum seekers, and people who have lived and worked for years in the United States.