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
AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts
AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges.
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
EOIR Releases Updated Uniform Docketing System Manual
EOIR issued an updated Uniform Docketing System Manual covering the case processing system that governs the management of all cases in the immigration court. Operational procedures are amended or created through OPPM issued by the Chief Immigration Judge.
Resources Related to Country Conditions in Nicaragua
This page contains resources related to country conditions in Nicaragua where gender-based killings became increasingly brutal and attacks against human rights defenders persisted.
USCIS Provides Statistics on NACARA Cases Through 8/31/18
The USCIS Asylum Division provides cumulative NACARA workload statistics from 6/21/99 through 8/31/18.
USCIS Asylum Office Workload for August 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 August 2018.
U.S. Representatives Demand DHS Reunify All Separated Families
On 8/29/18, sixty-seven democratic U.S. representatives signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of nearly 500 children that remain separated from their parents at the southern border because of the administration’s “zero tolerance” policy.
CA8 Finds Decision Supported by Substantial Evidence Despite Errors in IJ Written Decision
The court found no due process violation in hearing or in IJ’s erroneous use of boilerplate language from different case because BIA considered the errors, found them harmless, and made its own determinations with independent judgement and substantial evidence. (Ramirez v. Sessions, 8/29/18)
CA9 Remands, Holds IJ/BIA Erred in Determining No Past Persecution and in Reliance on Outdated Reports to Rebut Presumption of Future Persecution
The court held that harm to petitioner and his family established past persecution on account of protected grounds, and held reliance on outdated country conditions failed to rebut presumption of future persecution; it also reversed CAT denial. (Quiroz Parada v. Sessions, 8/29/18)
CA7 Upholds BIA Denial Due to Adverse Credibility Finding Per Substantial Evidence Standard
The court held that substantial evidence supported the IJ/BIA’s determination that petitioner’s inconsistent testimony warranted an adverse credibility finding on his asylum, withholding, and CAT claims. (Alvarenga-Flores v. Sessions, 8/28/18)
Oral Opinion Asylum Addendum Applies Matter of A-B-
An oral opinion asylum addendum associated with at least one immigration court applies Attorney General Jeff Sessions’ decision in Matter of A-B-.
CA1 Denies Asylum For Failure to Meet Nexus, “Particularity” Prong
The court upheld BIA denials that petitioner was targeted based on her family relationship, and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. (Aguilar-De Guillen v. Sessions, 8/27/18)
Join the Fight to Restore USCIS’s Mission and Ensure Immigration Court Independence!
In this blog post, Media Advocacy Committee Member Katie Sarreshteh highlights AILA's August Campaign and urges members to help AILA's efforts “to realign USCIS with its congressional mandate and ensure judicial independence in our immigration courts.“
The Government’s Use of Coercion on Separated Parents
In this blog post, Immigration Justice Campaign National Advocacy Counsel Katie Shepherd describes the government's use of coercion on separated parents and the complaint AILA and the Council filed with DHS to draw attention to this illegal and unconstitutional practice.
Asylum/AILA South Florida Liaison Meeting Minutes (8/22/18)
Minutes from AILA’s Asylum Committee meeting with the Asylum Office. Minutes include various questions posed the Asylum Committee.
CA9 Upholds BIA Removal Findings, Confirming Aggravated Felony, Inapplicability of Expungement, Ineligibility for §212(c) Waiver, and CAT Denial
The court held conviction under CA statute for possession to sell cocaine salt was an aggravated felony under the modified categorical approach, and that the conviction withstood expungement for immigration purposes. (Robles Lopez v. Sessions, 8/22/18)
CA7 Remands, Cites Multiple IJ/BIA Errors Regarding Particular Social Group Determinations
The court overturned IJ/BIA, finding petitioner’s membership in cognizable social group, “members of his nuclear family”—referring to family of Mara 18 forced recruit who fled—was one central reason for harm; nexus requirement for asylum and withholding was met. (W.G.A v. Sessions, 8/21/18)
CA7 Remands, Finding BIA Erred in Disagreeing with Expert Opinion in CAT Removal Determination
The court found that the BIA did not offer any reasonable basis for disagreeing with expert opinion corroborating petitioner’s fear of torture from Los Zetas for losing hundreds of thousands of dollars of contraband, if removed to Mexico. (Rivas-Pena v. Sessions, 8/21/18)
Bivens Basics: An Introductory Guide for Immigration Attorneys
With constitutional violations by DHS officers on the rise, learn the basics of how to litigate a Bivens claim in federal court in the immigration context in this Practice Advisory from the American Immigration Council.
Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R-
On August 17, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement in response to the Attorney General’s decision in Matter of L-A-B-R-. The statement characterizes the decision as a “blow to judicial independence.”
Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims
The court held plaintiffs likely to succeed on mandamus claim for independent right to seek asylum; that parents did not knowingly waive minor’s asylum rights; and plaintiffs met irreparable injury, balance of equities, and public interest requirements for TRO. (M.M.M. v. Sessions, 8/16/18)
CA1 Vacates BIA Denial of MTR for Failure to Consider Changed Country Conditions
The court held that the BIA abused its discretion by failing to consider petitioner’s new material evidence regarding treatment of evangelical Christians in Indonesia since 2008; it vacated the denial and remanded the case. (Sihotang v. Sessions, 8/15/18)
The Repercussions of How the Administration Has Handled Matter of Castro-Tum
AILA Member Matthew Archambeault who served as Friend of the Court in the Matter of Castro-Tum describes the case and its repercussions, and offers suggestions for how to advocate and urge Congress to act on the immense and obvious need for an independent immigration court.
CA8 Denies Jurisdiction to Review Changed Circumstances Based Claim for Late Asylum Filing
The court held that the IJ/BIA determination of lack of changed circumstances was a finding of fact, not a statutory interpretation; thus, there was no question of law to trigger its jurisdiction to review untimely asylum application. (Burka v. Sessions, 8/14/18)
U.S. Senators Demand DHS Reunify All Separated Families
On 8/14/18, seventeen democratic U.S. senators led by Senator Kamala Harris (D-CA) signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of all families separated at the southern border because of the administration’s “zero tolerance” policy.