Asylum

On February 14, 2024, President Biden announced an 18-month Program of deferred enforced departure (DED) for Palestinians in the United States. This alert describes the content of the executive order. Eligible persons may apply for employment and travel authorization under the program when a notice is published in the Federal Register.

On Feb. 20, 2024, the ILRC sent a letter to DHS Secretary Alejandro Mayorkas and Attorney General Merrick Garland urging the release of regulations in 2024. The purpose of the letter is to encourage the Biden Administration to publish regulations regardless of the political concerns of the upcoming election year. The ILRC focused on the release of some proposed regulations that have been scheduled for publication, and also urged the administration to rescind and replace asylum regulations leftover from the previous administration, and also to refrain from publishing additional regulations that restrict asylum at the southern border.

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

On May 11, 2023, the Biden administration issued a new regulation creating a bar to asylum for people arriving at the southern U.S. border with certain narrow exceptions. Although there is an ongoing court challenge, the bar, known as the “lawful pathways” rule, remains in effect. This Community Alert explores the exceptions to the bar with a focus on some of the exceptions that apply to children and youth traveling with their families.

On August 1, 2023, USCIS published long-awaited Policy Manual guidance on the definition and process for determining statelessness. ILRC commented favorably on most of the guidance and made suggestions for some improvements.

This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding the plausibility of a claim; and determinations regarding a respondent’s corroborative evidence. It also flags special circumstances to look out for when appealing an immigration judge's adverse credibility finding.