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
Supporting And Funding Immigration Services Is Particularly Vital Now
Jennifer Burk, an AILA member from the Northern California Chapter, shares highlights from the recent pro bono clinic at Annual Conference and urges AILA members to get involved and leverage their expertise to help change lives.
After Matter of A-B- and USCIS Guidance, Don’t Forget to Argue for CAT Protection
AILA’s Asylum and Refugee Committee provides this practice pointer featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B- along with USCIS’s implementing guidance.
Audio from Telebriefing on Family Separation and Family Reunifications
On a press call, AILA, the American Immigration Council, the Immigration Justice Campaign, and the Dilley Pro Bono Project provided updates on what’s happening to separated parents detained in and around El Paso, Texas, and the latest from the family detention center in Dilley, Texas.
CA1 Affirms BIA/IJ Denial of Asylum for Lack of Past Persecution, Likelihood of Future Persecution
The court agreed that three incidents of harassment perpetrated by single persons, without even slight injury, do not rise to the level of past persecution or meet the grounds for objective fear of future persecution. (Martinez-Perez v. Sessions, 7/24/18)
AILA Policy Brief: USCIS Guidance on Matter of A-B- Blocks Protections for Vulnerable Asylum Seekers and Refugees
This AILA Policy Brief examines how USCIS’s memorandum on Matter of A-B- profoundly restricts the ability of vulnerable individuals to obtain asylum or refugee status in the United States and will result in the deportation of bona fide asylum seekers who are fleeing life-threatening danger.
Former Immigration Judge Jeffrey Chase on Attorneys and Credible Fear Review
In a July 22, 2018, blog post, former IJ Jeffrey Chase discusses the application of credible fear interviews conducted by USCIS asylum officers.
Witnessing the Destruction in the Wake of Administration Border Policies
Katie Shepherd, National Advocacy Counsel for the Immigration Justice Campaign, describes the meetings she had with detained parents who had been traumatically separated from their children and needlessly incarcerated in West Texas, highlighting the urgent need for volunteer attorneys.
USCIS Asylum Office Workload for April 2018
USCIS provides statistics on asylum offices’ workload, including stages of asylum cases (filed, interviews conducted, completed, pending), broken down by office, and nationality of applicants for April 2018.
USCIS Asylum Office Workload for May 2018
USCIS provides statistics on asylum offices’ workload, including stages of asylum cases (filed, interviews conducted, completed, pending), broken down by office, and nationality of applicants for May 2018.
USCIS Asylum Office Workload for June 2018
USCIS provides statistics on asylum offices’ workload, including stages of asylum cases (filed, interviews conducted, completed, pending), broken down by office, and nationality of applicants for June 2018.
USCIS Provides Asylum Statistics Key
USCIS published a key to the abbreviations, acronyms, and terminology used in the agency’s asylum statistics.
Bipartisan Group of House Members Questions DHS and DOS Regarding Refugee Admissions
On 7/17/18, a bipartisan group of 63 U.S. Representatives sent a letter to DHS Secretary Kirstjen Nielsen and DOS Secretary Mike Pompeo in support of the U.S. Refugee Admissions Program (USRAP) and requesting an explanation for the decline in refugee admissions during FY2018.
S. 3227: REUNITE Act
On 7/17/18, Senators Kamala D. Harris (D-CA), Jeff Merkley (D-OR), and Catherine Cortez Masto (D-NV) introduced the Reunite Every Unaccompanied Newborn Infant, Toddler and Other Children Expeditiously (REUNITE) Act, a bill to immediately reunify all families separated at or near ports of entry.
AILA Policy Brief: New USCIS Notice to Appear Guidance
AILA issued a policy brief explaining the June 28, 2018, USCIS NTA guidance and the harsh impact it will have on workers, students, families, and other affected populations. In addition, the brief details the operational and procedural issues that make this new NTA policy unacceptable.
AILA Insight: Is Parole for Arriving Immigrants Over?
AILA member Matthew Boles discusses parole for immigrants.
The President’s Proposal to Eliminate Due Process at the Border
In this blog post, AILA Policy Counsel Jason Boyd highlights recent tweets from the president that attack due process for asylum seekers and explains how and why, if implemented, such changes would violate U.S. asylum laws.
Applying De Novo Review, CA1 Rejects BIA Ruling that IJ’s Findings Were Clearly Erroneous
The court remanded, finding that the BIA erred by treating as one element the Mexican government’s unwillingness or inability to protect asylum applicant from persecution. The BIA also erred, the court ruled, by discounting country condition reports. (Rosales Justo v. Sessions, 7/16/18)
Former Immigration Judge Jeffrey Chase on Matter of A-B- Being Misapplied by EOIR and DHS
In a July 13, 2018, blog post, former IJ Jeffrey Chase discusses the misapplication of Matter of A-B- by the BIA, USCIS, and ICE, a month after AG Jeff Sessions issued the decision.
DHS Instruction to Asylum Officers Violates U.S. and International Law
Late on July 11, 2018, USCIS and ICE issued guidance redefining core principles of America’s asylum laws which will have far-reaching implications for asylum seekers, refugees, and others.
AILA Quicktake #246: USCIS and ICE Memos on Asylum
Greg Chen, AILA's Director of Government Relations, discusses the implications of the two memos issued by USCIS and ICE regarding asylum and refugee claims.
Senator Feinstein Statement: Trump Administration Unilateral Rewrite of Asylum Law
On 7/12/18, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) released a statement in respond to the administration issuing a 7/11/18 policy memorandum that impacts U.S. asylum law.
BIA Reopens Sua Sponte Due to Publicity Surrounding Asylum Claim
Unpublished BIA decision reopens proceedings sua sponte in light of prominent nature of asylum claim in both the United States and Ghana. Special thanks to IRAC. (Matter of Ibrahim, 7/12/18)
USCIS Provides Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-
USCIS provided a policy memorandum with guidance to USCIS officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.
AILA Provides Summary of Matter of A-B- Memo
AILA provides a summary of an ICE memo on Matter of A-B-.
Practice Alert: AG Sessions Issues Matter of A-B-, Overruling Matter of A-R-C-G-
AILA’s Asylum and Refugee Committee provides a Practice Alert featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B-.