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
Iranian Religious Minorities File Class Action Suit Challenging Denials of Lautenberg-Specter Refugee Applications
The court ordered the government to disclose individual reasons for the mass denials and granted plaintiffs’ motion for class certification for these nearly 90 individuals, who have been at risk of deportation back to Iran. (Doe 1 et al. v. Nielsen, 7/10/18)
OSC Issues Flyer for Refugees and Asylees on Working in the U.S.
OSC issued a revised flyer for refugees and asylees on working in the U.S. focused on proper completion of the Form I-9.
CA10 Grants Review, Remands to BIA to Consider Evidence of Changed Country Conditions
In a non-precedent decision, the court held that the BIA abused its discretion by disregarding evidence of increasing persecution against religious minorities in Bangladesh and dismissing increased violence against religious minorities in general civil unrest. (A.B. v. Sessions, 7/6/18)
Center for Gender & Refugee Studies Issues Practice Advisory on Matter of A-B-
The Center for Gender & Refugee Studies issued a practice advisory that analyzes the Attorney General’s decision in Matter of A-B- and raises considerations for practitioners representing clients with asylum cases potentially impacted by the decision.
Attorney General Jeff Sessions Rescinds 24 Guidance Documents
Attorney General Jeff Sessions announced that he rescinded 24 guidance documents that were “unnecessary, outdated, inconsistent with existing law, or otherwise improper.” Rescinded documents include guidance related to BJA’s SCAAP program, refugee and asylee right to work, and LEP FAQs.
CA3 Rules that M-E-V-G-‘s “Particular Social Group” Test Is Entitled to Chevron Deference
The court denied the petition for review, which accepted IJ/BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable group. (S.E.R.L. v. U.S. Att’y Gen., 7/3/18)
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA and other advocates submitted an amicus brief supporting the petitioner’s request to vacate the BIA’s decision and remand, in Pinchupa v. Sessions, explaining the requirements of a motion to reopen to seek asylum or related relief based on changed circumstances in the country of return.
Federal Judge Orders Immediate Release or Grant of Hearing for More Than 1,000 Asylum Seekers
A U.S. District Court granted the plaintiffs’ motions for a preliminary injunction and provisional class certification, ordering the U.S. government to immediately release or grant hearings to more than 1,000 asylum seekers held at five ICE field offices. (Damus, et. al., v. Nielsen, 7/2/18)
USCIS Statistics on NACARA Cases Through 6/30/18
USCIS Asylum Division provides NACARA workload statistics from 6/21/99 through 6/30/18.
House Judiciary Democrats Request Answers to Family Separation Policy
On 6/28/18, Democrats in the House Judiciary Committee requested that the administration respond to questions about the inception and implantation of family separation policy, as well as the level of coordination between relevant agencies.
BIA Dismisses Appeal and Sets Forth Standard for Evaluating Claims of Duress
The BIA found applicant had not established he was under duress when assisting in the persecution of prisoners persecuted under his guard in an Eritrean prison camp and sets forth a standard for evaluating claims under the duress exception. Matter of Negusie, 27 I&N Dec. 347 (BIA 2018)
A Victory for Due Process
AILA Policy Counsel Jason Boyd highlights the potential impact of the Supreme Court's decision in Sessions v. Pereira as it relates to information required on a Notice to Appear.
Sign-On Letter Asking Attorney General Sessions to Revoke Matter of A-B-
On June 27, 2018, AILA joined approximately 465 other organizations in a letter to Attorney General Jeff Sessions expressing concern for the lives of immigrant survivors of domestic violence following his wrongful decision in Matter of A-B- and asking him to immediately revoke the decision.
Law360 Obtains New Asylum Guidance Issued by IJs in Newark, New Jersey
Law360 obtained guidance that has been issued by Newark, New Jersey, immigration judges to those seeking asylum or other relief from deportation.
Vote No on Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Goodlatte’s “Securing America’s Future A
AILA recommends representatives vote “no” on Speaker Paul Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Bob Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760).
Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York
A federal judge granted a preliminary injunction, ending a policy of the ORR Director Scott Lloyd personally reviewing and approving the release of any detained immigrant child who is or has ever been in a heightened supervision placement while in ORR custody. (L.V.M v. Lloyd, 6/27/18)
17 States File Complaint in District Court Against Family Separation
17 states filed a lawsuit contending that family separation policies and the practice of denying asylum seekers entry is unconstitutional and asks the federal court to order the administration to “stop implementing them immediately.” (State of Washington, et. al, v. USA, 6/26/18)
Executive Order Affording Congress an Opportunity to Address Family Separation
President Trump issued an executive order on 6/20/18, ordering DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things. (83 FR 29435, 6/25/18)
CA9 Finds That BIA’s Remand to IJ Was Broad in Scope
The court found that although BIA remanded for consideration of denial of CAT relief, the IJ did not err in reconsidering its prior adverse credibility determination and granting asylum relief, because BIA did not expressly retain jurisdiction. (Bermudez-Ariza v. Sessions, 6/25/18)
Former IJ Jeffrey S. Chase Asks: Are Summary Denials Coming to Immigration Court?
It has been reported that immigration judges around the country have been denying asylum cases summarily without hearing testimony. Former Immigration Judge Jeffrey S. Chase discussed this development in immigration court, including a timeline of recent decisions.
Tearing Down the Wall and Building Bridges
This blog post is adapted from the president's installation speech given by Anastasia Tonello, June 14, 2018 in San Francisco; she shares her message to AILA members and goals for her presidential year.
USCIS Announces Recall of 800 Incorrectly Printed EADs
On 6/21/18, USCIS will begin recalling approximately 800 employment authorization documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, due to a production error. Affected individuals and their attorneys will be notified.
AILA Quicktake #242: Executive Order on Family Separation Policy
AILA President Anastasia Tonello discusses the family separation Executive Order that President Trump signed on June 20, 2018.
AILA Members’ Letter to the Editor Template on Family Separation
We encourage AILA members to personalize and submit this Letter to the Editor on the administration’s harsh treatment of families at the border. Please email newsroom@aila.org with any questions or to share your success.
AILA: Expanding Family Detention Is Not the Answer to Cruel Family Separation Policy
Responding to the Executive Order regarding family separation, AILA President Anastasia Tonello stated, “The barriers to due process that AILA attorneys have encountered at every detention facility only underscore what needs to happen: both family separation and family detention must end.”