Arrests at Asylum Offices

The American Immigration Lawyers Association (AILA) has received recent reports of DHS enforcement actions at USCIS asylum offices. These reports reflect a broader enforcement environment in which noncitizens may face arrest even when appearing for required immigration appointments. In some cases, clients had criminal convictions or other past criminal issues, but in others there were no apparent criminal issues or other factors indicating why the person was targeted for arrest.

Members should advise clients that attending an affirmative asylum interview may carry arrest and detention risk, especially for clients who are not in lawful status, have prior immigration violations, criminal issues, outstanding warrants, or other possible enforcement triggers. A pending Form I-589 asylum application, interview notice, employment authorization document (EAD), or other pending application does not protect against arrest.

Practice tips:

• Before advising clients, assess immigration history, manner of entry, pending applications, criminal history, prior orders or warrants, asylum claim strength, family circumstances, detention risk, and the consequences of attending or not attending the interview.
• Screen for any alleged fraud or misrepresentation, TRIG or gang-related allegations, or other enforcement triggers.
• Discuss arrest risk with clients who lack lawful status or have any risk factors. AILA has also received reports of arrests where no obvious risk factor was identified.
• If you are not attending the interview with the client, advise them to take along a trusted contact, and to tell that contact to notify you immediately if the client is arrested or detained.
• Have the client and derivatives bring copies of key documents, including the interview notice, Form I-589 receipt, EAD, prior filings, counsel’s contact information, and emergency contacts.
• Prepare clients to contact counsel, request access to counsel, and clearly state any fear of return if detained. Some attorneys are preparing bond packets or habeas petitions in advance for prompt filing if detention occurs.
• USCIS policy and the Affirmative Asylum Procedures Manual state that if applicants fail to appear or withdraw their applications, the Asylum Office may issue a Notice to Appear if the person is removable.
• Report arrests or attempted arrests at asylum offices through AILA’s Enforcement Tracker so AILA can monitor the trend and assess advocacy, practice guidance, and litigation needs.