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Supreme Court Temporarily Upholds New Asylum Rule

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Things have gotten harder for immigrants who wish to claim asylum in the United States. While the Supreme Court’s action is a provisional one, it has nevertheless ensured that thousands of desperate migrants will find it all but impossible to move forward.

The rule prevents migrants who have resided in or traveled through third countries from seeking asylum in the United States. The only exception is for individuals who applied for and were denied asylum in these other countries.

The Trump Administration claims they are doing this to prevent “forum shopping.” They want migrants to seek asylum in the countries they pass through, rather than in the United States.

They have made their provisional action without allowing the entire matter to move through lower courts. This means the Supreme Court could hear the case again. The “queue jumping” itself is a matter for some concern.

The rule isn’t the only challenge asylum seekers are facing.

For example, the Migration Protection Protocols are creating more hurdles than ever. These protocols force people to wait in Mexico for their asylum court dates. This means they must cross over the border before going to their hearings. Often, these border towns leave them at the mercy of local drug cartels.

At times, border agents will detain them and force them to miss said hearings. Unless they have a lawyer who can fight to keep the case open again, these individuals are then deported for missing their court date, through no fault of their own. The courts themselves can hardly tell the difference between migrants who are detained through no fault of their own, and migrants who have simply given up and returned home.

Migrants are also being presented with a great deal of misinformation. Sometimes, they aren’t getting vital documents at all.

“Some migrants have turned up in court to find that their cases are not in the system or that the information on them is wrong…others have received conflicting instructions…In open court, judges have raised concerns that migrants in Mexico, often with no permanent addresses, cannot be properly notified of their hearings. On many documents the address listed is simply the city and state in Mexico to which the migrant has been returned.”NBC News

If you have friends or relatives who plan to ask for asylum it’s a good idea to make them aware of these rules. You should also encourage them to approach legal ports of entry to ask, rather than crossing the border illegally and surrendering to border patrol agents.

If a migrant enters legally they have a much better chance of passing their “credible fear” interview.

You also should see about getting them help from a qualified immigration attorney before they begin their journey.

See also:

Avoid These 3 Green Card Sponsorship Mistakes

What Are the Grounds for Cancellation of Removal?

Alarming Changes to Medical Deferred Action Program

 

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