New Rule May Limit Immigrants’ Ability to Claim Asylum

 Posted on February 28, 2023 in Immigration

For those who are seeking to come to the United States, the immigration process can be difficult.  In many cases, immigrants are fleeing dangerous situations in their home countries due to issues such as political unrest, natural disasters, or persecution, and they often face uncertain futures. For some, the only hope may be to seek asylum and receive humanitarian relief that will allow them to remain in the U.S. rather than being returned to situations where they would be at risk of suffering serious harm. However, proposed changes to the rules followed by immigration officials may limit people's ability to obtain this vital form of protection.

Biden Administration Seeks to Implement New Restrictions on Asylum

In response to the ongoing immigration crisis, the administration of President Joe Biden has implemented a number of measures meant to limit unauthorized entry into the United States by immigrants, while also providing legal avenues for those who are seeking humanitarian relief. A rule known as Title 42 that was implemented by the previous presidential administration in response to the COVID-19 pandemic has allowed for the expedited removal of many undocumented immigrants. The Biden administration has sought to end this rule, and although it has faced a number of legal challenges, Title 42 is currently scheduled to end in May of 2023.

To help avoid a potential surge in unauthorized entry to the United States after Title 42 is lifted, the Biden administration has proposed a new rule that would affect asylum cases. Under this rule, people who enter the U.S. without authorization will be ineligible for asylum. However, exceptions may apply in certain cases, including medical emergencies or situations where immigrants face serious threats that affect their safety or put them at risk of being killed. In addition, unaccompanied minors will not be prevented from claiming asylum.

The rule would also affect the procedures followed by those who wish to claim asylum. Immigrants will generally be required to notify immigration officials of their intent to seek asylum before they enter the United States. This can be done through a mobile app known as CBP One that allows people to schedule inspection and processing at the border and be approved for entry into the U.S. This app is meant to streamline the process of applying for asylum, and those who are approved will be able to apply for authorization to work in the United States while their cases are pending. Those who fail to request asylum prior to entering the U.S. or who do not follow the proper procedures may be eligible for expedited removal.

This rule, which will go into effect on May 11, 2023 if it is approved, is in line with other recent policy changes made by the Biden administration. In an attempt to limit unauthorized entry to the U.S. by migrants from Venezuela, Cuba, Haiti, and Nicaragua, immigrants from these countries have been allowed to request parole that will allow them to enter and live in the United States temporarily, as long as they pass screening procedures and can show that they will be financially supported by a U.S. citizen or lawful permanent resident.

These measures have reduced the number of people from these countries who have sought to enter the United States without authorization. However, many immigrants have encountered difficulties when scheduling interviews through the CBP One app, and they have been placed in dangerous conditions while awaiting approval for parole or asylum. As the Biden administration continues to address these issues, officials are hoping to put measures in place to encourage safe and orderly immigration procedures.

Contact Our Dallas Asylum Lawyers

Immigration laws, rules, and policies can be complex, and they change on a regular basis, making it difficult for immigrants to know what avenues are available to them. For anyone who is seeking to apply for asylum or humanitarian relief, an experienced immigration attorney can provide invaluable guidance and effective representation throughout the immigration process. At John W. Lawit, LLC, our Grand Prairie immigration and humanitarian relief attorneys can help immigrants and their families determine how potential changes to U.S. laws and policies could affect their ability to enter or remain in the country. We are committed to helping individuals and families address these issues and ensure they can live safely in the United States. Contact us today at 214-609-2242 to learn more about how we can help with your case.

Sources:

https://www.nytimes.com/2023/02/21/us/biden-asylum-rules.html

https://public-inspection.federalregister.gov/2023-03718.pdf

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum