Court Ruling May Affect Asylum Cases for Immigrants to the U.S.

 Posted on August 09, 2023 in Immigration

During the administration of President Joe Biden, significant changes have been made to the policies followed by immigration officials in the United States. There are tens of thousands of immigrants who have traveled through countries in South America and Central America in an attempt to enter the United States, and this has placed a strain on the systems used by immigration officials and on local and state governments who are affected by illegal immigration. In an ongoing effort to address these issues, the Biden administration has taken steps to streamline the procedures followed when people apply for asylum or parole, and it has also put policies in place to encourage the use of these procedures rather than attempting to enter the U.S. without authorization.

One important provision of the administration’s policy has limited when people may be able to apply for asylum. Specifically, the policy has stated that immigrants who enter the U.S. by crossing the border in a location other than an official port of entry will no longer be eligible for asylum. However, a federal judge recently struck down this part of the administration’s immigration policy, and this ruling may help ensure that more people will be able to qualify for asylum.

When Can a Person Apply for Asylum? 

Asylum is a form of protection that is available to immigrants who fear that they will face persecution in their home countries. Those who are fleeing from situations where they or their families may be subject to violence can receive protection against deportation from the United States. Once asylum is granted, a person will be able to continue living in the U.S., and they may also receive authorization to work and earn an income. 

When applying for asylum, several requirements must be met: 

• Physical presence

  The person must generally be present within U.S. borders when they apply for asylum. 

• Timely application

  The application must generally be submitted more than one year after arriving in the United States. 

• Fear of persecution

  A person must have a credible fear that they may be subject to violence or other forms of persecution based on protected factors such as race, nationality, religion, or political opinions. 

• Exclusions

  People with convictions for certain crimes in the United States or other countries or who have engaged in terrorism may be ineligible for asylum. 

Federal Judge Addresses New Asylum Policies

The Biden administration has implemented a number of measures meant to ensure that people can receive authorization to enter the United States legally at a port of entry rather than attempting to cross the border illegally. People who plan to apply for asylum can schedule appointments with immigration officials through an app known as CPB One. They can then present themselves at a port of entry and claim asylum by demonstrating a credible fear of persecution. The policy also provides some other options for immigrants, including the ability to apply for parole after receiving sponsorship from an eligible party in the United States.

To encourage people to schedule appointments and enter the U.S. legally, the Biden administration chose to issue penalties for those who attempted to cross into the country without authorization. People who did so were presumed to be ineligible for asylum, although certain exceptions were available for unaccompanied minors or other immigrants. The administration claimed that this rule was necessary to limit the number of unauthorized entries into the United States and encourage people to use the legal pathways it had put in place.

When addressing a lawsuit addressing this policy, a federal judge disagreed with the administration. He stated that the rule that made certain immigrants ineligible for asylum violated the laws of the United States, which allow anyone who has entered the country to claim asylum if they fear persecution based on the applicable grounds. He also noted that the administration’s parole policy only applied to people from certain countries, and people from other countries may have fewer options. To avoid violating the rights of people who are seeking asylum and ensure that people can enter the United States safely, the judge has ordered the administration to stop enforcing this aspect of its immigration policy.

Contact Our Orange County Asylum Lawyers

If you need assistance addressing issues related to asylum or any other immigration concerns, the experienced Orlando immigration attorneys at Vasquez Law Firm, PLLC are here to help. We understand the issues that may affect immigrants who attempt to enter the United States or who need to defend against deportation. Our team can guide you and your family through the procedures you will need to follow as you apply for relief and seek to maintain a legal status in the U.S. Contact us at 407-955-5000 to schedule a free consultation. We look forward to assisting you in addressing concerns related to immigration and helping you resolve any issues that may affect your ability to live and work in the United States.