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
Partners Provide Key Takeaways from J.O.P. v. DHS Settlement Agreement
Partners created a one-pager with five key takeaways from the J.O.P. v. DHS settlement agreement, including a reminder that USCIS must receive the prospective class member's I-589 by February 24, 2025.
EOIR Memo on Asylum EAD Clock in Immigration Proceedings
Chief Immigration Judge Sheila McNulty issued Operating Policies and Procedures Memorandum (OPPM) 25-01 providing directives on the proper handling of the Asylum Employment Authorization Document (EAD) Clock in immigration court proceedings and within the immigration courts.
DHS Final Rule on Application of Certain Mandatory Bars in Fear Screenings
DHS final rule amending its regulations to allow asylum officers to consider the potential application of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings. Rule is effective 1/17/25. (89 FR 103370, 12/18/24)
Think Immigration: INTERPOL Red Notice - More from the AILA Law Journal
AILA Law Journal author Sandra Grossman digs into updates about INTERPOL Red Notices and the updated article she and Ted Bromund shared in the most recent edition; these notices have a massive impact on affected clients and are often misunderstood.
AILA Executive Director Responds to Asylum Regulation
Ben Johnson responded to the asylum regulation published today: “This rule will not bring more consistency or order to border processing...Without adequate resources, this rule not only risks asylum applicants being wrongly rejected but also weakens accurate national security assessments.”
USCIS Provides Updated Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometrics and Biographic Information
USCIS updated its instructions for submitting certain applications in immigration court and for providing biometrics and biometric information to USCIS, noting that the instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.
CA1 Concludes That Petitioners’ Familial Relationship Was a Central Reason for Gang’s Death Threats
The court held that BIA wrongly found that one of the petitioners failed to show that the death threats made against her by members of a gang in El Salvador were on account of her familial tie to another petitioner, who was her intimate partner. (Lopez-Quinteros, et al. v. Garland, 12/13/24)
CA1 Finds Multiple Inconsistencies and Omissions in Record Supported IJ’s Adverse Credibility Determination as to Congolese Petitioner
The court held that substantial evidence supported the BIA’s denial of asylum, where the BIA had expressly discussed four inconsistencies and omissions in comparing petitioner’s declaration, application, documentary evidence, and testimony before the IJ. (Mondzali Bopaka v. Garland, 12/13/24)
OnDemand Web Seminar: Alternatives for CHNV Clients
Download the OnDemand recording of this web seminar about exploring alternative immigration options for clients who entered the United States under the Biden Administration's parole processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).
Think Immigration: What My Firsthand Experience with Asylum Seekers Taught Me
As part of our DEI Scholarship winner series, Estefani Munive shares her personal experience working with asylum seekers and their need to not just have legal representation, but also more holistic services because of the trauma and harm they have endured.
Notes from U.S. Citizenship and Immigration Services and AILA Winter 2024 Engagement
AILA USCIS focused committees met with USCIS for the quarterly Winter 2024 Engagement. Topics of discussion included processing, priorities and delays for family and humanitarian cases, FY2026 H-1B registration functionalities, and other updates.
CA1 Finds BIA Erred in Concluding Salvadoran Petitioner’s Asylum Claim Was Untimely
The court found that the BIA erred in rejecting the Salvadoran petitioner’s contention that he had satisfied the changed circumstances exception to the one-year deadline for filing an asylum application based on the development of his mental health issues. (Escobar Larin v. Garland, 12/5/24)
Call for Examples: Case Outcomes for Asylum Applicants
The AILA Asylum and Refugee Committee is seeking information about case outcomes for asylum applications subject to Circumvention of Lawful Pathways (CLP) and/or Securing the Border (STB), measures that have drastically reduced the ability of individuals to be granted asylum. Submit your examples.
Call for Examples: USCIS Responses to FOIA Requests
The American Immigration Council seeks examples of USCIS responding to FOIA requests for a-files and/or specific immigration records with a no records determination. Learn more.
USCIS Notice of Final Class Action Settlement in J.O.P., et al. v. DHS, et al.
USCIS posted notice after a federal court approved a settlement agreement in a class action lawsuit about the rights of people seeking asylum from USCIS who were previously determined to be "unaccompanied children."
CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived
The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)
Practice Alert: J.O.P. v. DHS Settlement Update
Advocates provide a practice alert that highlights the key terms of a proposed settlement agreement in J.O.P. v. DHS, the class action lawsuit about the asylum rights of people previously determined to be unaccompanied children (UC).
Practice Alert: Asylum Cases Prior to Administration Transition
As the transition to the Trump Administration approaches, significant changes to asylum policy and procedures are anticipated. The AILA Asylum and Refugee Committee has created the practice alert to guide attorneys handling asylum cases.
AILA's ICE Liaison Committee Meets with ICE
AILA’s ICE Liaison Committee will meet with ICE on November 21, 2024, to discuss topics related to NTA guidance, the CARECEN settlement, admin closure, transfer of detained clients, confiscation and return of original documents, and more. Read the full agenda and key takeaways.
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Who Faced Death Threats from the 18-Gang
The court held that substantial evidence supported the agency’s determination that petitioner, who had faced death threats from members of the 18-gang in El Salvador, lacked a well-founded fear of future persecution, and thus upheld the denial of asylum. (Cortez-Mejia v. Garland, 11/15/24)
CA1 Upholds Denial of Asylum as to Petitioner Who Suffered Domestic Abuse in Ecuador
The court held that substantial evidence supported the agency’s determination that petitioner, who suffered domestic abuse in Ecuador, had failed to show past persecution or a well-founded fear of future persecution if she were to return to Ecuador. (Medina-Suguilanda v. Garland, 11/14/24)
CA1 Upholds Asylum Denial as to Petitioner Who Received Multiple Extortionate Death Threats in El Salvador
The court upheld the BIA’s and IJ’s denial of asylum as to petitioner, who had been assaulted by armed assailants in El Salvador and received death threats, finding that he did not meet his burden to demonstrate harm rising to the level of persecution. (Urias-Orellana v. Garland, 11/14/24)
CA9 Holds That BIA Erred in Finding No Nexus Between Salvadoran Petitioner’s Persecution and His Political Opinion
The court held that BIA erred by concluding the petitioner failed to establish a nexus between the persecution he suffered and his political opinion, by mischaracterizing his proposed social group, and by improperly ignoring evidence. (Aleman-Belloso v. Garland, 11/13/24, amended 2/18/25)
CA3 Finds Substantial Evidence Supported Denial of Asylum as to Guatemalan Petitioner Who Was Abused by Violent Ex-Partner
The court rejected the petitioner’s particular social groups (PSGs) consisting of “Guatemalan small business owners, victims of extortion by gang members” and “Guatemalan women viewed as property and unable to escape their violent ex-partners.” (Manuel-Soto v. Att’y Gen., 11/12/24)
Think Immigration: What’s Changed in Immigration Law over the Last Two Years? What Hasn’t!
In this blog post, AILA member Elizabeth Montano details some of the many changes to immigration law and policy over the last two years as she explains why she turns to Kurzban’s Immigration Law Sourcebook for the comprehensive resource she needs to serve her clients.