Immigration Law

Asylum-Limiting Interim Final Rule May Drop This Week

Dara Lind, Vox, Nov. 6, 2018 - "As soon as this week, the Trump administration is expected to issue a new asylum policy — ostensibly in response to the migrant “caravan” — that could have the effect of barring people who enter the US between ports of entry from asylum.

The policy has been developed hastily over the past couple of weeks, primarily by the Department of Justice. Details of what the Trump administration plans to roll out in the coming days are still unknown.

But even before the caravan left Honduras, the DOJ was in the late stages of developing a plan, via regulation, that would bar people from getting asylum if they were covered by a presidential proclamation — like the travel ban — suspending their entry into the US.

Under the earlier plan, anyone covered by such a proclamation who expressed a fear of persecution would be moved into a special alternative to the asylum process. They would be subjected to a higher standard to stay in the US than asylum seekers face, and even if they met that standard, they would be ineligible for permanent legal status.

That plan could also allow the government to try parents and children independently — rather than granting protections to entire families — and make it easier for the government to keep asylum seekers in immigration detention without bond for the months it took to process their cases.

It’s not clear whether the asylum policy currently under development is based on the version Vox has seen, or whether the Justice Department has found a different regulatory path to a similar goal. ... [more...]"