- Immigration
« June
11, 2018 - Attorney General
Sessions Announces Decision on Asylum
"Matter of A-B-, Respondent" Decided by Attorney General June 11, 2018
[27 I&N Dec. 316 (A.G. 2018) Interim Decision #3929]
Immigration and Nationality Act Title II, Act 208: Asylum
Attorney General Jeff Sessions
Remarks to the Executive Office for Immigration Review Legal Training Program
Washington, DC
Monday, June 11, 2018
Remarks as prepared for delivery
Thank you, James, for that introduction, and thank you for your
years of superb service to the Department as an SAUSA, at Main Justice,
and now here at EOIR. James has been doing a fabulous job.
He
understands these issues, knows exactly what our challenges are, and is
working steadfastly every day to meet them.
Thank you also to Katherine Reilly, Kate Sheehy, Chris Santoro, Edward
So, David Neal, Chief Judge Keller, Lisa Ward, Jean King, Robin Sutman,
and all of the leadership team.
It is good to be with you today.
Each one of you plays an important role in the administration of our
immigration laws. Immigration judges are critical to ensuring
that the
Department of Justice carries out its responsibilities under the INA.
You have an obligation to decide cases efficiently and to keep our
federal laws functioning effectively, fairly, and
consistently. As
the statute states, Immigration Judges conduct designated proceedings
“subject to such supervision and shall perform such duties as the
Attorney General shall prescribe”.
This responsibility seeks to ensure that our immigration system
operates in a manner that is consistent with the laws enacted by
Congress. As you know, the INA was established to ensure a rational
system of immigration in the national interest.
Of course there are provisions in the INA, consent decrees,
regulations, and court decisions where the commonsense enforceability
of the plain intent of the INA has been made more difficult.
That's
what you wrestle with frequently.
President Trump is correct: Congress needs to clarify a number of these
matters. Without Congressional action, clarity and consistency
for us
is much more difficult.
Let’s be clear: we have a firm goal, and that is to end the lawlessness
that now exists in our immigration system. This Department of
Justice
is committed to using every available resource to meet that goal. We
will act strategically with our colleagues at DHS and across the
government, and we will not hesitate to redeploy resources and alter
policies to meet new challenges as they arise.
Last month, the Department of Homeland Security announced that it will
begin to refer as close to 100 percent of illegal Southwest Border
crossers as possible to the Department of Justice for
prosecution. The
Department of Justice will take up those cases.
I have put in place a “zero tolerance” policy for illegal entry on our
Southwest border. If you cross the Southwest border unlawfully,
then
we will prosecute you. It’s that simple.
If someone is smuggling illegal aliens across our Southwest border,
then we will prosecute them. Period.
I have sent 35 prosecutors to the Southwest and moved 18 immigration
judges to detention centers near the border. That is about a 50
percent increase in the number of immigration judges who will be
handling cases at the border.”
All of us should agree that, by definition, we ought to have zero
illegal immigration in this country.
Each of us is a part of the Executive Branch, and it is our duty to
“take care that the laws be faithfully executed.”
Ours is a public trust.
And the United States of America is not a vague idea. It is not
just a
landmass or an economy. Ours is a sovereign nation state with a
constitution, laws, elections, and borders.
As you all well know, one of our major difficulties today is the asylum
process.
The asylum system is being abused to the detriment of the rule of law,
sound public policy, and public safety— and to the detriment of people
with just claims. Saying a few simple words—claiming a fear of
return—is now transforming a straightforward arrest for illegal entry
and immediate return into a prolonged legal process, where an alien may
be released from custody into the United States and possibly never show
up for an immigration hearing. This is a large part of what has been
accurately called, “catch and release”.
Beginning in 2009, more and more aliens who passed an initial USCIS
credible fear review were released from custody into the United States
pending a full hearing. Powerful incentives were created for
aliens to
come here illegally and claim a fear of return. In effect, word spread
that by asserting this fear, they could remain in the United States one
way or the other. Far too often, that rumor proved to be true.
The results are just what one would expect. The number of illegal
entrants has surged. Credible fear claims have skyrocketed, and the
percentage of asylum claims found meritorious by our judges declined.
That’s because the vast majority of the current asylum claims are not
valid. For the last five years, only 20 percent of claims have
been
found to be meritorious after a hearing before an Immigration Judge. In
addition, some fifteen percent are found invalid by USCIS as a part of
their initial screening.
Further illustrating this point, in 2009, DHS conducted more than 5,000
credible fear reviews. By 2016, only seven years later, that
number
had increased to 94,000. The number of these aliens placed in
immigration court proceedings went from fewer than 4,000 to more than
73,000 by 2016—nearly a 19-fold increase—overwhelming the system and
leaving legitimate claims buried.
Now we all know that many of those crossing our border illegally are
leaving difficult and dangerous situations. And we understand all
are
due proper respect and the proper legal process. But we cannot
abandon
legal discipline and sound legal concepts.
Under the INA, asylum is available for those who leave their home
country because of persecution or fear on account of race, religion,
nationality, or membership in a particular social group or political
opinion. Asylum was never meant to alleviate all problems— even
all
serious problems— that people face every day all over the world.
Today, exercising the responsibility given to me under the INA, I will
be issuing a decision that restores sound principles of asylum and long
standing principles of immigration law.
We have not acted hastily, but carefully. In my judgment, this is a
correct interpretation of the law. It advances the original intent and
purpose of the INA, and it will be your duty to carry out this ruling.
This decision will provide more clarity for you. It will help you to
rule consistently and fairly.
The fact is we have a backlog of about 700,000 immigration cases, and
it’s still growing. That’s more than triple what it was in
2009.
This is not acceptable. We cannot allow it to continue.
At this time, when our immigration system and our immigration judges
are under great stress, I am calling on you to use your best efforts
and proper policies to enhance our effectiveness. To end the
lawlessness and move to the virtuous cycle, we have to be very
productive. Volume is critical. It just is. We ask you to
evaluate
your processes and disposition rates.
We ask each one of you to complete at least 700 cases a year.
It’s
about the average. We are all accountable. Setting this
expectation is
a rational management policy to ensure consistency, accountability, and
efficiency in our immigration court system. Thank you for working every
day to meet and exceed this goal. You can be sure that this
administration and this Department of Justice supports you in this
critically important and historic effort.
That’s why we are hiring more than 100 new immigration judges this
calendar year. And we are actively working with our partners at
DHS to
ensure that we can deploy judges electronically and by
video-teleconference where needed and to obtain appropriate courtroom
facilities.
Let’s be clear. These actions will not end or reduce legal immigration.
These actions will be directed at reducing illegal immigration. Only
Congress can change legal immigration.
This is a great nation—the greatest in the history of the world.
It is
no surprise that people want to come here. But they must do so
according to law.
When we lose clarity or have decisions that hold out hope where a fair
reading of the law gives none, we have cruelly hurt many people. As we
resolutely strive to consistently and fairly enforce the law, we will
be doing the right thing.
The world will know what our rules are, and great numbers will no
longer undertake this dangerous journey. The number of illegal aliens
and the number of baseless claims will fall. A virtuous cycle will be
created, rather than a vicious cycle of expanding illegality.
The American people have spoken. They have spoken in our laws and
they
have spoken in our elections. They want a safe, secure border and
a
lawful system of immigration that actually works. Let’s deliver
it for
them.
For Immediate Release:
June 11, 2018
American Immigration Council's Statement on Attorney General’s Decision Restricting Access to Asylum for Victims of Domestic and Gang Violence
Washington, D.C.— Attorney General Jeff Sessions announced today that he is taking away a vital lifeline to victims of severe domestic and gang violence. Sessions issued a decision unilaterally overruling important precedent recognizing that such individuals may qualify for asylum in the United States.The following is a statement from Beth Werlin, Executive Director of the American Immigration Council.
“From its earliest days, the United States has opened its doors to individuals fleeing oppression and persecution. Today’s decision by the Attorney General is yet another attempt to close our doors. Through our work serving detained mothers and children in Dilley, Texas, we see firsthand the trauma of domestic and gang violence and the desperate need for protection. The Attorney General’s decision—if permitted to stand—will no doubt result in sending countless mothers and children back to their abusers and criminal gangs. Turning our backs on victims of violence and deporting them to grave danger should not be the legacy sought by any administration.”
June 11, 2018
DNC on Trump Ending Asylum for Victims of Domestic Abuse And Gang Violence
“Cruel. Sick. Heartless. Inhumane. There simply aren’t enough words in the English language to fully capture the depravity of this administration. By ending asylum for victims of domestic abuse and gang violence, Trump is attacking some of the most vulnerable people in our society. This decision will affect thousands of families who are fleeing violence and seeking safety for themselves or their children. And it will hurt thousands more victims -- especially women – who will be turned away if they seek asylum from abuse and violence in the future.
“Just when you think this presidency couldn’t stoop any lower, it finds a new rock to call bottom. We need to look in the mirror and ask ourselves what we are becoming as a nation under Donald Trump and Republican leadership. Where is our compassion? Where is our humanity? Where are the American values that have brought together generations of people from all walks of life in search of a common dream for a better future?
“Democrats believe diversity and compassion are our nation’s greatest strengths. And we will continue the fight to protect and expand opportunities for these families and all Americans.”