Current asylum policies

The US is the destination of thousands of immigrants seeking international protection as they try to flee from danger, persecution, violence, or threat of their countries.

Political asylum is often the main option for immigrant communities when they are at risk, whether because of their religious beliefs, race, nationality, political opinion, sexual orientation, inter alia.

This program has been embroiled in social controversy in recent years, mainly because the current government of the US has imposed multiple restrictions and regulations that could considerably decrease the number of approvals for asylum applications.

One of the changes implemented by the Trump administration, and one that has received countless criticism, is that immigrants cannot apply for political asylum if they cross the borders of the US between ports of entry.

This was an interim final rule released in November, 2018, in a presidential proclamation and it was supported by:

• Department of Homeland Security (DHS).
• The US Citizenship and Immigration Services (USCIS).
• The Executive Office for Immigration Review (EOIR).
• Department of Justice (DOJ).

Essentially, this rule compels immigrants to apply for political asylum only at ports of entry. It means that they no longer have the authorization to request political asylum if they cross the country’s borders without prior authorization or legal documentation.

The Trump administration proposed this rule to decrease mass illegal immigration and prevent undocumented immigrants from residing in the US while they await a response to their immigration requests.

The UN raises its voice against this rule

The United Nations (UN)  is a global organization, which currently has 193 members, and its purpose is to protect international human rights, contribute to the development of the most disadvantaged nations and communities, and address humanitarian issues.

One of the branches of this organization is the United Nations High Commissioner for Refugees (UNHCR).

The UNHCR filed an amicus brief (written statement) on Thursday, August 13, 2020, declaring that the US is violating international law by banning immigrants from seeking asylum if they cross the borders between ports of entry.

This organization is requesting the court to block this rule immediately to prevent a drastic change in the political asylum system established in the country and because this rule violates human rights.

In fact, in the official statement, the UNHCR argues that “is particularly troubled by the nature of the penalty imposed — the categorical denial of asylum process — as its imposition will likely result in the return of some refugees to countries where they will be persecuted.”

In addition, the UNHCR ensures that the US has committed to offer protection to the most vulnerable communities since it decided to become a member of the International Refugee Protection Regime.

Another important aspect of the situation is that the health crisis caused by the global Coronavirus pandemic has worsened conditions for asylum seekers, which is the main reason why the UNHCR decided to intervene.

Do you need to apply for political asylum in the US? Our team of experts is here to help you.

Do you have any other immigration cases?

The US law can be quite robust and it is important that immigration processes are followed carefully, with the accompaniment of experts in the field.

In addition to that, it is essential to understand that many changes have been implemented in the immigration sector, mainly because of the arrival of the Coronavirus pandemic, and it is imperative for you to choose the right process.

Therefore, it is better to seek reliable help from immigration attorneys that are up to date with current immigration policies.

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.