Changes In The Implementation of U.S. Asylum Law
U.S. Asylum law is based on common sense of human decency and compassion. At its basic level, to obtain asylum in the U.S. an applicant has to establish that they fear going back to their home country because either they faced actual past persecution, or they have a credible fear of future persecution based on one of the enumerated grounds as set forth by Congress. See https://americanvisas.net Unfortunately, a myriad of misplaced political calculations has turned the entire concept of giving refuge to those who might qualify for asylum on its head.
It’s not just the politicians who have made these devastating political judgements. Members of media, for-profit businesses, including prisons, the clergy, and other public figures are some additional culprits. The victims are of course the very people that everyone is claiming to want to help.
Politicians are to blame because of course they write the laws and set legislative goals. The last time U.S. Congress passed a major immigration bill was in 1996! See https://www.congress.gov/104/crpt/hrpt828/CRPT-104hrpt828.pdf Since then, members of both parties have failed miserably in anticipating and preventing the current mess. Members of media, both on the Right and the Left have their respective audiences and bow to their ad dollars. Members of clergy focus extensively on abortion and miss everything for after when the fetus is born. Private prisons make money from having inmates in jail due to violations of U.S. immigration law which incidentally is not a crime.
Some of the shocking developments in the administration of asylum law since Trump took office include the disqualification of victims of gang violence and domestic abuse from obtaining relief. Victims of torture who perhaps aren’t readily able to recount their experience and are in need of mental health therapy, no longer get the extra time to do so. Immigration Judges are obligated to observe a quota system as they issue their orders. In some cities, Immigration Judges are reporting 90% or higher denial rates. Some detainees have been placed so far away from their families and attorneys that they have to proceed pro se – without an attorney. People are no longer able to request asylum at the border; instead they have to apply while in Mexico even if their safety is in danger as they wait for their turn which could take months if not years. See http://americanimmigrationcounsel.org
Things are set to get worse before getting any better. Voting can help. Also, if you have a need for immigration services, contact one of our attorneys for a consultation. https://americanvisas.net 323-857-0034.