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
CA6 Finds BIA Erred in Making No-Nexus Determination with Regard to Guatemalan Petitioners’ Family Membership PSG
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
Think Immigration: Breaking Down Barriers - Improving Asylum Laws for Queer Migrants
AILA DEI Scholarship Award winner Abby Leigh advocates for changes to asylum law, describing reforms necessary in order to “offer LGBTQIA+ asylum seekers a meaningful chance to claim protection and live up to America’s promise of safety for those fleeing persecution.
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Forced Marriage in the United States Webinar Series
The Tahirih Justice Center invites you to a comprehensive training webinar series providing foundational knowledge of forced marriage as a form of gender-based violence and the abusive tactics often utilized to force an individual at risk to comply with the marriage demands. Register today.
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
USCIS Proposed Settlement Agreement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.
USCIS provides notice of proposed class action settlement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.. The agreement will not take effect until it is given final approval by the court following a fairness hearing on November 25, 2024.
Join USCIS for National Asylum Stakeholder Engagement
USCIS will host a virtual national asylum stakeholder engagement on 10/10/24. The session will provide an update on FY2024 progress, FY2025 goals, and address pre-submitted questions. Register and submit questions by 9/6/24.
CA2 Upholds Denial of Cancellation of Removal to Petitioner Whose Daughter Had Mental Health Conditions
The court held that the BIA and IJ did not err in denying cancellation of removal, upholding the conclusion that the hardships the petitioner’s daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24, amended 9/3/24)
D.C. Circuit Holds That USCIS Is Not Required to Disclose Asylum Officers’ Written Assessments in FOIA Requests
The court upheld the district court’s conclusion that the deliberative-process privilege protects analysis portions of asylum officers’ written recommendations whether to grant or deny asylum from being disclosed in Freedom of Information Act (FOIA) requests. (Emuwa, et al. v. DHS, 9/3/24)
USCIS to Open International Field Office in Quito, Ecuador
USCIS announced it will open an international field office in Quito, Ecuador on 9/10/24. Services at the office in Quito will be available only by appointment. USCIS will update its webpage to include information about the field office, its services, and appointments.
CA9 Finds That IJ Erred by Refusing to Consider New Evidence at Petitioner’s Reasonable Fear Review Hearing
The court held that the IJ erred by failing to exercise discretion and, instead, automatically refusing to consider the petitioner’s new evidence of rape and country conditions in Peru on the erroneous belief that he lacked the discretion to consider it. (Dominguez Ojeda v. Garland, 8/29/24)
CA1 Upholds Agency’s No-Nexus Finding as to Petitioner Whose PSG Was “Brazilian Women”
The court held that substantial evidence supported the agency’s conclusion that there was no nexus between the petitioner’s membership in her proposed particular social group (PSG) consisting of “Brazilian women” and the harm she suffered. (Soares da Silva Pazine v. Garland, 8/27/24)
Practice Pointer: The HIAAC Five
AILA’s USCIS High Impact Adjudications Assistance Committee, formerly the Case Assistance Committee, provides an update on its work after the name transition.
USCIS Responds to AILA Letter Requesting Data and Reporting
USCIS responds to AILA's request that the Refugee, Asylum, and International Operations Directorate provide additional data and reporting on the affirmative asylum caseload stating that some data is currently available and the other data requested is being considered.
CBP General Notice of Emergency Revision of Collection of Advance Information from Certain Undocumented Individuals on the Land Border
CBP notice to allow it to make changes to this information collection to allow Mexico access to a tool that will permit Mexico to validate an individual’s CBP One appointment and change the locations in Mexico from which individuals can request CBP appointments. (89 FR 67953, 8/22/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing forms by mail, including the use of black ink if forms are completed by hand, sending separate payments if filing multiple applications, petitions, or requests, recommended assembly order of packets, use of rubber bands versus binder clips, and more.
AILA Sends Recommendations for Executive Action and Regulations on Immigration
AILA sent a letter to the White House with recommendations for executive action and regulations on immigration to ensure that the positive policy changes made during the Biden Administration are codified or otherwise made permanent.
Think Immigration: First Circuit Decision on “Climate Refugees” Must Not Discourage Advocates’ Efforts to Help
In this blog post, IRAP senior attorney and AILA member José G. Miranda details how, despite a recent federal court setback, advocates can continue to work to expand policy and legal frameworks to protect climate-displaced individuals.
CA5 Remands Asylum Claim of Nurse Who Was Threatened by Cameroonian Military for Treating Separatist Fighters
The court found that substantial evidence did not support the BIA’s determination that the petitioner, a nurse who asserted that the Cameroonian military threatened to kill him because he treated separatist fighters, had failed to prove past persecution. (Aben v. Garland, 8/20/24)
CA1 Holds That BIA May Not Give Substantial Weight to Police Report Without a Conviction or Corroborating Evidence
The court vacated the BIA’s denial of the petitioner’s adjustment of status application and remanded, holding that, in denying discretionary relief, the BIA may not give substantial weight to a police report in the absence of a conviction or corroborating evidence. (Rosa v. Garland, 8/16/24)
CA9 Finds It Lacked Jurisdiction to Review BIA’s Denial of Petitioner’s Motions for Remand and Administrative Closure
The court denied the petition for rehearing en banc and issued an amended opinion dismissing, for lack of jurisdiction, a petition for review of the BIA’s denial of the petitioner’s motions for remand and administrative closure. (Tapia Coria v. Garland, 3/19/24, amended 8/16/24)
CA1 Finds No Indication BIA Ignored Evidence Concerning Petitioner’s Medically Fragile Child Submitted with Motion to Reopen
The court held that, although the BIA did not mention the medical challenges of petitioner’s third child in its decision, there was no indication in its denial of petitioner’s motion to reopen sua sponte that it was unaware of the evidence petitioner submitted. (Charles v. Garland, 8/15/24)
The Case Management Pilot Program
AILA, Women's Refugee Commission, Global Refuge, Lutheran Social Services of the National Capital Area, and International Rescue Committee published a joint backgrounder on the Case Management Pilot Program (CMPP).
Practice Alert: Changes to Northern Border Processing of Asylum Seekers
Starting August 14, 2024, DHS processing of asylum seekers crossing the northern border from Canada will change to narrow the window of attorney access and increase the use of expedited removal.