Changes to the Asylum Process May Affect Some Immigrants

 Posted on March 02, 2023 in Immigration

There are numerous reasons why immigrants may seek to enter the United States. Some of the most urgent immigration cases involve people who have left their home countries due to dangerous conditions, political upheaval, religious persecution, or other issues that have affected their health and safety. These immigrants may be able to apply for asylum. If immigration officials determine that a person has a credible fear of experiencing persecution or suffering other forms of harm, they will be allowed to remain in the U.S.

The asylum process is a complex and often lengthy journey for those seeking refuge in the United States. It involves multiple steps, background checks, applications, interviews, and potential court proceedings. To make matters more complicated, some new rules may soon be put in place that may make some immigrants ineligible for asylum. By understanding these rules and the options for legally entering the U.S., immigrants can make sure they will be able to apply for asylum or receive other forms of relief.

Biden Administration Takes Steps to Address Concerns About Immigration

Over the past several years, there has been a surge in the number of migrants attempting to enter the United States. People who attempt to cross the border between the U.S. and Mexico are often detained by immigration officials, and they may be deported to Mexico or other countries. To address this ongoing issue, the administration of President Joe Biden has taken several measures that are meant to limit illegal immigration and provide immigrants with legal pathways to enter the United States.

One key issue that has affected immigration cases involves Title 42, a rule that was put in place by the administration of President Donald Trump. This rule allowed for the expedited removal of people who entered the U.S. without authorization, and it was meant to help prevent the spread of COVID-19 infections. Even though the COVID pandemic is less of an issue than it had been in the past, the Biden administration has continued to use Title 42 to expel immigrants from the United States. While multiple court cases have addressed Title 42, and several states have attempted to keep it in place, it is currently set to expire on May 11, 2023.

To address the ongoing concerns about migrants who attempt to enter the U.S., the Biden administration has proposed new rules that may affect asylum cases. One of these rules would limit eligibility for asylum for those who do not follow the legal pathways for lawful immigration. Immigrants who enter the United States without authorization will be presumed to be ineligible for asylum, and they may be deported and barred from re-entry for five years. Migrants who do not take the proper steps to seek protection in countries they travel through on their way to the U.S. may also be ineligible for asylum. Certain exceptions may apply, and it may be possible to overcome the presumption of ineligibility by demonstrating that a person is likely to suffer persecution or harm if they are expelled from the United States.

The Biden administration is also encouraging safe, orderly immigration procedures by requiring people who plan to enter the U.S., including those who wish to apply for asylum, to schedule interviews with immigration officials ahead of time. This may be done through a smartphone app. However, many immigrants have experienced long wait times and other issues with scheduling. Determining how to navigate these systems and follow the correct procedures can be difficult, and immigrants may need assistance from an attorney as they apply for asylum or other forms of relief.

Contact Our Itasca Asylum Attorneys

The rules and procedures that must be followed by people who wish to immigrate to the United States can be confusing. For those who are planning to apply for asylum or who are seeking to receive authorization to come to the U.S. through other means, a skilled attorney can provide invaluable guidance. At Unzueta Law Group, P.C., our DuPage County immigration lawyers can help immigrants and their family members submit the proper forms and documentation, and we can provide representation throughout the immigration process and address any issues that may arise. To learn more about how we can assist with your case, contact us at 630-509-2363.

Sources:

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

https://www.cnn.com/2023/02/21/politics/asylum-policy-biden-administration/index.html

https://www.dhs.gov/news/2023/02/21/dhs-and-doj-propose-rule-incentivize-lawful-migration-processes