Initial Jurisdiction over Asylum Claims:
Matter of M-A-C-O-, the Lafferty Memo, and JOP v. DHS Practice
Advisory
The Trafficking Victims Protection Reauthorization Act of 2008
confers initial jurisdiction over asylum claims filed by
unaccompanied children (UCs) to the asylum office. The Board of
Immigration Appeals’ decision in Matter of M-A-C-O-, as well as
policy changes by the Trump administration have sought to strip away
this crucial protection from many child asylum seekers. Because of
these changes and legal challenges by immigrant youth advocates, the
current landscape of initial UC asylum jurisdiction is in flux. This
practice advisory provides an overview of the current state of UC
asylum jurisdiction following the Matter of M-A-C-O- decision and
issuance of the Lafferty Memo. It also discusses the ongoing JOP v.
DHS litigation and gives some arguments and tips for practitioners to
help them advocate for their UC clients to receive the statutory
protections afforded by the TVPRA. As a companion to the advisory,
the practice alert gives a brief overview of the latest developments
in the JOP litigation for practitioners who are already familiar with
UC asylum jurisdiction generally. The alert includes the December 21,
2020 order amending the preliminary injunction in JOP and gives a
snapshot of the current state of UC asylum jurisdiction in light of
the amended injunction.

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