Immigration and Nationality Act

Latest in Immigration and Nationality Act

Immigration

New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.

In a new rule, DHS authorizes removal of asylum seekers at the southern border of the U.S. to Guatemala, Honduras or El Salvador for asylum processing in those countries, as long as the removed individuals are not nationals of the particular country that will receive them. 

Immigration and Nationality Act

Barr Limits Asylum Claims Based on Family Ties

On July 29, Attorney General William Barr overruled a Board of Immigration Appeals decision, writing that most nuclear families do not qualify as “particular social groups” for the purposes of the Immigration and Nationality Act. As a result, individuals persecuted based on their family ties no longer qualify for asylum on that basis. The complete ruling is available here and below.

Immigration

Department of Homeland Security Expands Expedited Removal Designation

On July 23, the Department of Homeland Security expanded the scope of its expedited removal designation pursuant to its authority under the Immigration and Nationality Act. Previously, for undocumented migrants who crossed a land border into the U.S., the designation could only be applied if they were found within 100 miles of the border and could not prove a 14-day continuous presence in the U.S. The expanded designation can apply to undocumented individuals throughout the U.S. who cannot prove a two-year continuous presence in the U.S.

Immigration

ACLU Sues Over Asylum Rule Change

The ACLU, the Southern Poverty Law Center and the Center for Constitutional Rights filed suit over the Trump administration’s recently announced policy to bar asylum applications from migrants travelling to the United States who have travelled through a third country en route. The complaint argues that the policy violates the will of Congress expressed in the Immigration and Nationality Act. The document is available in its entirety here and below.

U.S. Supreme Court

Supreme Court Reinforces Mandatory Detention of Immigrants

The Supreme Court’s March 19 decision on in Nielsen v. Preap rejected challenges to mandatory detention of certain noncitizens—“aliens” under the Immigration and Nationality Act (INA). Generally speaking, mandatory immigration detention is an exception to the rule that confinement requires an individualized showing of flight risk or dangerousness.

Immigration

Litigation Over the Asylum Ban Continues: District Court Grants Preliminary Injunction

On Tuesday, Dec. 19, U.S. District Judge Jon Tigar of the Northern District of California granted a preliminary injunction against the new Department of Homeland Security (DHS) rule precluding asylum grants for persons who enter at undesignated border locations. The nationwide injunction supplants the temporary restraining order (TRO) that Judge Tigar entered in November. Earlier this month, the U.S.

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