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
Documents Relating to Washington State and Minnesota Challenge to Executive Order Targeting Muslims and Refugees
The district court issued an order staying its consideration of the states’ 10/11/17 motion for a temporary restraining order. (Washington v. Trump, 10/27/17)
GAO Testimony to House Subcommittee on Refugees
The GAO released testimony to the House Subcommittee stating that federal agencies and their partners have implemented certain measures designed to ensure integrity in the refugee resettlement referral process but need to further strengthen applicant screening and assess fraud risks.
Defending the Practice of Immigration Law in an Age of Falsehoods
In his October 12th remarks to the Executive Office for Immigration Review (EOIR), Attorney General Jeff Sessions lamented the fact that those with a credible claim for asylum have in recent years more frequently exercised the rights and protections provided to them under the Immigration and Nationa
A Fighting Chance to Claim Asylum
Earlier this year, a young man called James* fled his country of origin after enduring yet another attack on his life, this time at the hands of his family members who learned he was gay. They also reported James to the police, who began searching for him because, under a law outlawing homosexuality
DOS Fact Sheet: Status of the U.S. Refugee Admissions Program
DOS issued a fact sheet stating the U.S. Refugee Admissions Program resumed with enhanced vetting. Applicants from 11 potentially higher-risk nationalities will resume on a case-by-case basis during a new 90-day review period. Admissions of FTJ refugees will resume once enhancements are implemented.
DHS Announces Improved Security Procedures for Refugees Entering the United States
The White House announced the implementation of new security procedures for refugees entering the United States. The measures come at the end of a 120-day “pause” on refugee resettlement, while the United States government conducted a thorough review of the existing program.
Joint Memo to the President on Resuming the Refugee Admissions Program
A joint memo from DOS, DHS, and the Office of the Director of National Intelligence on resuming the United States Refugee Admissions Program with enhanced vetting capabilities, stating that the improvements to the vetting process are adequate to ensure the security and welfare of the United States.
Presidential Determination on Refugee Admissions for FY2018
Presidential determination on refugee admissions for FY2018, stating that the admission of up to 45,000 refugees shall be allowed and providing regional ceilings. (82 FR 49083, 10/23/17)
USCIS Provides Revised Guidance for Processing TRIG Cases and Rescission of the Prior Hold Policy
USCIS released revised guidance for processing cases subject to terrorism-related inadmissibility grounds (TRIG) and rescission of the prior hold policy. Guidance is effective immediately and cases with no exemptions available should not remain or be placed on hold absent direction from USCIS HQ.
USCIS Asylum Office Workload for July 2017
USCIS statistics on asylum offices’ workload, stages of an asylum case broken down by office (filed, interviews conducted, completed, pending), and nationality to applicants for July 2017.
USCIS Asylum Office Workload for August 2017
USCIS statistics on asylum offices’ workload, stages of an asylum case broken down by office (filed, interviews conducted, completed, pending), and nationality to applicants for August 2017.
USCIS Asylum Office Workload for September 2017
USCIS statistics on asylum offices’ workload, stages of an asylum case broken down by office (filed, interviews conducted, completed, pending), and nationality to applicants for September 2017.
Credible and Reasonable Fear Workloads for FY2017
USCIS provided credible and reasonable fear reports for FY2017, including a summary and the inland and port of entry caseloads. Each report is broken down by month, as well as by office, and includes information on the status of the cases. Also included are nationality reports.
House Members Ask White House to Increase Refugee Admission for FY2018
On 10/18/17, over 100 House members urged the president to reconsider his determination and establish a minimum refugee admission level of 110,000 from 45,000 for FY2018.
DOS Alert on Court Order on Presidential Proclamation on Visas (10/17/17)
DOS alert that on 10/17/17, the U.S. District Court for the District of Hawaii ordered that the government not enforce or implement §2(a), (b), (c), (e), (g), and (h) of Presidential Proclamation 9645.
Volunteering in Family Detention – Saving One Family at a Time
I volunteered a week in Dilley, Texas, at the South Texas Family Residential Center to give back to the immigrant community and the most vulnerable. While I was there, I also learned more about asylum law, which has made me a better lawyer. Here's what I saw and learned:
Practice Alert: Limited Details on Refugee/Asylum Relative Interviews Provided During USCIS Stakeholder Call
AILA provides limited details on interview requirements for I-730, Refugee/Asylee Relative petitions from the 10/11/17 USCIS stakeholder call on the implementation of new interview requirements for employment-based adjustment of status applicants and beneficiaries of I-730 petitions.
Attorney General Jeff Sessions Delivers Remarks to EOIR
Attorney General Jeff Sessions delivers remarks to EOIR on asylum reform, stating that EOIR should impose penalties for baseless or fraudulent asylum applications, expand expedited removal, increase the standard of proof in credible fear interviews, and more.
AILA: Attorney General Derides the Role of Due Process in the American Asylum System
AILA rejected the baseless attacks on America’s asylum system by the attorney general, noting that “Given the humanitarian concerns involved, the tragedy here is that nowhere in the attorney general’s harangue against the system were any useful solutions that would actually make the system better.”
CA9 Finds BIA’s Dismissal of Petitioner’s Appeal Was Final Administrative Order for Purposes of Determining Timeliness of Petition for Review
The court held that BIA’s dismissal for lack of jurisdiction of an appeal of an IJ’s negative reasonable fear determination in reinstatement proceedings was the final administrative order, and thus that petitioner timely filed his petition. (Martinez v. Sessions, 7/20/17, amended 10/12/17)
CA7 Finds Noncitizen Subject to Reinstatement Order of Removal May Not Apply for Asylum
While the court found that the Honduran petitioner had standing to assert a statutory right to apply for asylum, the court concluded that INA §241(a)(5) plainly prohibits a noncitizen subject to a reinstated order of removal from applying for asylum. (Garcia v. Sessions, 10/11/17)
Fighting for the Underdog
Some of Hollywood's most iconic films have featured an “underdog“ plot: a protagonist facing impossible odds who proves victorious through greater tenacity and determination. This is certainly a theme our immigrant clients and immigration law practices can relate to, perhaps now more than eve
AILA Quicktake #218: White House Immigration Priorities
AILA Director of Government Relations Greg Chen responds to the announced immigration priorities and principles set by the Trump administration. He discusses why the policies are harmful and how you can take action.
White House Releases Details on Establishing a Merit-Based Immigration System
The White House released information on the priority to establish merit-based reforms to “promote assimilation and financial success,” including the ending of “chain migration,” the establishment of a point-based system, eliminating the diversity visa lottery, and reducing the number of refugees.
In the Midst of Chaos, Where is Our Lifeline?
Mother Nature hit Puerto Rico hard with Hurricane Maria. Regardless of the deadline for Deferred Action for Childhood Arrivals (DACA) renewals and irrespective of the need for immigration lawyers to respond to Requests for Evidence (RFEs), Mother Nature wins out. But as immigration lawyers, we can't