Asylum Law: Applications, Current Trends, and Best Practices

This program will provide practical advice about compiling affirmative and defensive asylum law applications. Discussions will include: background about the legal framework of asylum law, including the framework and eligibility; the different types of asylum law (affirmative versus defensive); practical tips and guidance on assembling an affirmative and defensive asylum law application taking into consideration current case law and anecdotal guidance based on recent experiences and case decisions; and the impact of Title 42 on asylum seekers.

Attorneys will learn the fundamentals of asylum law, the work required to assemble an asylum application, and the importance of "soft skills" when dealing with asylum clients. These "soft skills" include ways to navigate interviewing asylum seekers, which requires deep cultural competence and an in-depth understanding of the human psyche. Many asylum seekers are victims of trauma, so practitioners will receive guidance beyond the four corners of the law. Practitioners will also receive a brief overview of what happens when an asylum case is approved or denied, i.e., when asylees can receive green cards and work permits.

Legal practitioners who are not immigration attorneys but who work at large firms and have pro bono asylum clients, along with immigration attorneys who either do not have asylum experience and want to get more involved in this field or those that have current asylum clients and would like to receive a refresher about the law and putting together a case, are encouraged to attend this relevant program.

Learning Objectives:

• Determine the fundamentals of asylum law
• Establish an affirmative and defensive asylum law application
• Discover recent trends in asylum applications and what evidence to include and not include
• Investigate how to communicate effectively with asylum seekers
• Explore how to prepare asylum seekers for an interview or court
• Evaluate recent trends in asylum law and the impact of Title 42 on asylum seekers