Judge Blocks Restriction for Asylum Seekers

Judge blocks the Trump administration's latest restriction on political asylum

The Trump administration’s latest restriction on the political asylum process

Since President Donald Trump took office in 2017, he has proposed an immigration reform to create a merit-based system rather than family-based processes or humanitarian programs such as political asylum or refuge.

In fact, President Trump has referred to political asylum as a “fraud,” which, in his opinion, saturates the US economic system and reduces opportunities and social benefits that should be available to the American population.

Due to its stance when it comes to political asylum, the Trump administration has substantially restricted possibilities for the most vulnerable immigrant communities to seek international protection through this humanitarian benefit.

For instance, in one of our most recent articles, we talk about the Trump administration’s latest proposal to decrease the number of asylum applications approved by local immigration courts.

Broadly speaking, the current administration of the US stated that asylum applications could be rejected if immigrants have committed misdemeanors, whereas previously this rule applied only to felonies.

The new rule includes, but is not limited to:

  • Driving under the influence of alcohol or other substances.
  • Gang crimes.
  • Domestic violence.
  • Re-enter the US illegally.
  • Identity Theft.
  • Assault.

However, immigration attorneys and activists filed a lawsuit against this restriction, arguing that the Trump administration does not have the power to deny international protection under these premises.

Judge blocks the Trump administration’s latest restriction on political asylum

On Thursday, November 19, 2020, a San Francisco federal judge indefinitely blocked the Trump administration’s restriction on the political asylum process, stating that the rule’s parameters are fairly general and not specific enough, which could leave hundreds of asylum seekers in limbo.

Adding to that, the judge states that the rule is “substantively and procedurally defective.” The next hearing will take place on December 9 and the future of this rule will be decided then.

However, it is important to remember that the president-elect and his administration plan to dismantle or revoke most immigration policies implemented by the Trump administration, including those that restrict and hinder the process to request political asylum.

The American population elected Joe Biden (Democratic political party) as the nation’s next leader and will serve as the 46th President of the US. He will take office in January 2021, and dozens of critics say the future of immigration depends entirely on his administration.

Do you need help with an immigration case? Contact Motion Law.

Protect your future and follow the advice of experts on immigration matters

The Trump administration has implemented multiple emergency measures during the health crisis, which substantially changed some immigration processes. Therefore, the best recommendation when submitting an immigration application is undoubtedly to have the constant accompaniment of experts, who are up to date with current policies and will be able to guide you towards the success of your immigration application.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.