Asylum Under Attack
Matter of E-F-H-L- (March 2018)
The Attorney General issued a decision in Matter of E-F-H-L- that immigration judges can deny an individual asylum based solely off the information on a written application, overriding a Board of Immigration Judges (BIA) ruling that asylum seekers are entitled to a hearing. This harms survivors who are eligible for asylum but are unrepresented and unaware of what information should be included in an application, cannot provide full details of the violence they endured on paper, or are of limited English proficiency.
Matter of A-B- (June 2018)
The Attorney General issued a decision in Matter of A-B- to sharply narrow the criteria that apply when survivors fleeing domestic violence seek asylum. While courts have since ruled that some parts of the decision are not legally binding, judges and some federal courts are applying it to deny asylum to survivors of domestic violence.
Migration Protection Protocols (January 2019)
The Migration Protection Protocols (MPP), also known as the “Remain in Mexico” program, allows U.S. border officials to force non-Mexican asylum seekers who have arrived at the Southern Border between ports of entry or without documentation to wait in Mexico while their claims are adjudicated in U.S. immigration courts. As of September 2020, over 67,000 asylum seekers have been sent to wait in Mexico. The MPP program forces survivors to wait in dangerous locations in Mexico, putting them at risk for further violence and exploitation. Learn more at Human Rights Watch’s Q&A: Trump Administration’s Remain in Mexico Program.
Matter of M-S- (April 2019)
The Attorney General issued a decision in Matter of M-S- that an asylum seeker in full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond and will be detained until the disposition of their case. This ineligibility for release increases barriers for survivors to access counsel and ability to overcome trauma.
Asylum Ban 2.0 (July 2019)
The Department of Homeland Security (DHS) and Department of Justice (DOJ) issued an asylum ban - also known as the third-country ban or asylum ban 2.0 - that bars asylum for everyone who approaches the U.S. southern border after passing through another country, with few exceptions. This sweeping measure slams the door on virtually all asylum seekers who had no choice but to travel through another country - many of them dangerous - in order to arrive at the U.S.
Matter of L-E-A- (July 2019)
The Attorney General issued a decision in Matter of L-E-A- to narrow asylum eligibility by severely limiting the circumstances in which families can be considered a “particular social group” whose persecution establishes a basis for asylum. USCIS has issued guidance that instructs asylum officers to not consider family membership unless the family has “some greater significance or meaning in society.” This has serious implications for survivors who have been targeted because they are part of a particular family.
Asylum Cooperative Agreements (November 2019)
DHS has been forcing hundreds of asylum seekers who arrive in the U.S. to instead apply for protection in Guatemala under an Asylum Cooperative Agreement (ACA) between the two countries. DHS has also entered into ACAs with El Salvador and Guatemala, allowing for the expulsion of asylum seekers to the other two Northern Triangle countries. These policies place survivors at increased risk of violence, forcing them back to dangerous conditions and countries that are in close proximity to the very places from which they fled.