Trump Administration to Reconsider Asylum Claims
November 6, 2018
The Administration of President Donald Trump has agreed to reconsider asylum claims of approximately 1,000 immigrant parents and children who have been separated at the United States border. This is being done in an attempt to settle lawsuits related to the administration’s “zero-tolerance” policy, when it comes to immigration.
An Additional Opportunity for Asylum
If the United States District Judge in San Diego approves of this, immigrants and their children will have another opportunity to apply for asylum – even those whose requests have been previously rejected for failing to show that they faced a “credible fear of persecution or torture,” should they be sent back to their home country.
This settlement originally stems from three lawsuits against the administration, which were brought on by the American Civil Liberties Union, Muslim Advocates, and a law firm.
According to Muslim Advocates, under this settlement more than 1,000 individuals will be eligible to apply for asylum.
In mid-October, the US District Judge ordered the federal government to review at least 60 asylum claims, which would fall under this agreement. The government claimed it was delaying due to awaiting the formal approval from a federal court hearing, scheduled for November 15th.
Prior to abandoning the policy in June, approximately 2,500 parents and children – most of whom originated from Guatemala, Honduras, and El Salvador – were separated. Just days later a federal judge ordered that the families be reunited, though that process has still yet to be completed.
Additionally, this agreement allows the possibility of those parents that have been deported without their kids to return to the United States, according to the American Civil Liberties Union. Claims are to be considered on a case-by-case basis.
According to many immigration lawyers, some of these parents may go on to pursue asylum once again, due to the fact that they were coerced into dropping their original bid, once they believed it was the only way that they could get their children back.
The Credible Fear Test
According to one of the lawsuits, parents were alleged to be suffering from extreme trauma, because they had forcibly been separated from their children, and therefore failed a “credible fear” interview. This was the only opportunity that they had for avoiding an accelerated removal from the United States.
Under this settlement, parents will now be able to demonstrate a “credible fear” test for purposes of staying in the United States under asylum. For those who pass the test, their case then goes to an immigration judge.
Although asylum may not ultimately be granted, and these cases may drag on for years and years, the applicant is still allowed to live in the United States during that time period.
Working to Reduce Legal and Illegal Immigration
Despite President Trump and his administration’s efforts towards taking steps to reduce legal and illegal immigration, it is still clear that there are many instances in which various elements of the government still believe it should be granted.
Philadelphia Asylum Lawyers at the Law Offices of Tahir Mella, P.C. Assist Asylum Seekers
If you or someone you love is dealing with issues related to the asylum process and asylum itself, call a Philadelphia asylum lawyer at the Law Offices of MC Law Group, LLC today at 215-496-0690 or contact us online for a free consultation. We serve clients in the greater Philadelphia area, Pennsylvania, New Jersey and across the nation.