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
TRAC Finds that Asylum Representation Rates Have Fallen Amid Rising Denial Rates
TRAC reports that during FY2007, 13.6 percent of asylum seekers were unrepresented, while in FY2017, the unrepresented figure was 20.6 percent. Asylum decisions were also up sharply during FY2017 with the percent who were denied asylum at 61.8 percent.
Two Business Immigration Lawyers in “Baby Jail”: A Report from Dilley
“I can barely handle being a prisoner here….“
CA9 Affirms Denial of Asylum, Withholding of Removal, and CAT Protection
The court denied the petition for review, finding that substantial evidence supported the IJ’s denial of the petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. (Manes v. Sessions, 11/27/17)
TRAC Finds that Asylum Outcomes Continue to Depend on the Judge Assigned
TRAC finds that the outcome for asylum seekers continues to depend on who is assigned to hear the case. The odds of being granted asylum could be as high as 90 percent or as low as 3 percent in the San Francisco or Newark Immigration Courts depending upon which immigration judge is assigned.
CA6 Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan
The court granted the petition for review of the BIA’s denial of relief under the CAT, holding that the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. (Kamar v. Sessions, 11/17/17)
District Court Issues Preliminary Injunction in Favor of Asylum Seekers at Buffalo Federal Detention Center
A district court issued a preliminary injunction requiring the Buffalo Federal Detention Center to comply with a 2009 ICE directive on evaluating parole requests for asylum seekers and to provide asylum seekers detained for six months or more with bond hearings. (Abdi v. Duke, 11/17/17)
BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker
Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17)
Senators Push for Answers on Travel Ban Impact on Refugees
On 11/16/17, 20 senators requested that DHS, DOS and the HHS answer questions about the effects that the president’s Executive Order issued on 10/24/17 is having on the refugee program, including the prevention of refugees from being reunited with their families in the U.S.
DOS 60-Day Notice and Comment Request on Revisions to Refugee Biographic Data Sheet
DOS 60-day notice and request for comments on proposed revisions to the Refugee Biographic Data Sheet. Comments are due 1/16/18. (82 FR 52964, 11/15/17)
USCIS Will Stop Interviewing CAM Cases on January 31, 2018
USCIS will stop interviewing Central American Minors (CAM) refugee program cases on 1/31/18. After that date, individuals with pending applications who have not been interviewed will receive a notice with further instructions. DOS stopped accepting new applications for the program on 11/9/17.
TRAC Provides the Latest Asylum Denial Rates by Immigration Court Judge
TRAC published 293 separate reports on each Immigration Judge who decided at least 100 asylum cases at their court between FY2012 and FY2017. Each individual report provides a short biography for that judge, along with details on the judge's overall denial rates during this six year period.
Arlington Asylum Office Issues Memo on Hours of Operation and Procedures on Inquiries Without Appointments and Late Document Submission
The Arlington Asylum Office issued a memo on its hours of operation and late document submission. The Arlington, VA office identified Wednesdays from 7:00 am to 3:00 pm as a time when the office will handle inquiries from individuals without a prior appointment.
CRS Legal Sidebar with an Overview of Travel Ban Litigation
The Congressional Research Service provides a Legal Sidebar with an overview of the series of three executive actions commonly referred to as the “Travel Ban,” which restrict the entry of specified categories of non-U.S. nationals into the United States, and the related litigation.
AILA Notes from SCOPS Teleconference (9/27/17)
AILA notes from the 9/27/17 teleconference with SCOPS. Topics include H-1B cap and premium processing, H-1B Level 1 RFEs, interviews for employment-based adjustment applicants and I-730 petitions, and nonimmigrant grace periods.
Getting Through the Reinstatement Maze
It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice the government can mistakenly apply it or fail to ensure safeguards are taken to pr
DOS Ends the CAM Refugee Program As of November 9, 2017
DOS announced that it will not accept any new applications to the Central American Minors (CAM) refugee program after 11:59pm (ET), 11/9/17. The Resettlement Support Centers in El Salvador, Honduras, and Guatemala will continue to pre-screen applicants who file by the deadline.
On Immigration, It’s Time to Start Listening to Each Other
When it comes to civil dialogue, we are living in a low moment in our nation's history. Honest debates that yield real solutions to our common problems seem like a quaint notion—and that disturbs me. As the executive director of the American Immigration Lawyers Association, an organization of 15,000
Affirmative Asylum Scheduling Bulletin (11/6/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 11/6/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Withdraws Amicus Invitation on Exceptions to the One-Year Asylum Bar
The BIA withdrew the amicus invitation issued on 10/17/17 on exceptions on the one-year asylum bar, as the case has been rendered moot by the actions of the parties.
USCIS Q&As from Asylum Division Quarterly Meeting (11/3/17)
USCIS provides Q&As from the 11/3/17 Asylum Division Quarterly meeting, including updates, statistics, scheduling interviews and issuing decisions, credible fear NTAs, UACs, asylee benefits, change of address, staffing, filing instructions, EADs, Form I-730s, and more.
BIA Says IJs Lack Authority to Terminate Removal Proceedings to Allow Noncitizens to Present Asylum Claims to DHS
The BIA held that an immigration judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to DHS in the first instance. Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
AILA Statement to House Judiciary Committee on EOIR Oversight
On 10/31/17, AILA joined NGOs and submitted a statement to the House Judiciary Committee, Immigration and Border Security Subcommittee for a hearing on 11/1/17 titled “Overview of the Executive Office for Immigration Review.”
IJ Performance Quotas: A Threat to Due Process and Judicial Independence
On October 12, 2017, the Washington Post reported that the Trump administration seeks to impose numeric quotas on immigration judges as part of their performance evaluations. Speeding up deportation proceedings without regard to the impact on due process and judicial independence is an affront to th
CA1 Remands for BIA to Consider Petitioner’s Potentially Significant Documentary Evidence of Domestic Violence
The court vacated BIA’s order rejecting petitioner’s withholding of removal claim, finding that, irrespective of the supportability of the adverse credibility finding, remand was required for BIA to consider potentially significant documentary evidence. (Aguilar-Escoto v. Sessions, 10/27/17)
Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
Executive Order issued 10/24/17 on resuming the United States Refugee Admissions Program with enhanced vetting capacities, including 90-day and 180-day benchmarks for evaluating the admission of refugees, and providing a report on the effects of refugee resettlement. (82 FR 50055, 10/27/17)