A recent federal court order that suspended the Justice Department regulation making illegal crossers ineligible for asylum opens up additional Catch-22 conundrums.
Judge Tigar granted a temporary restraining order which prohibits any action to continue the implementation of the rule and requires a return to the pre-rule practices for processing asylum applications.
Judge Tigar's restoration of pre-rule practices for processing asylum applications means that the illegal crossers will not be prevented from establishing a credible fear of persecution in the expedited removal proceedings, which will entitle them to an asylum hearing before an immigration judge.
The immigration judge will have to deny their applications because asylum would permit then to enter the United States - and the proclamation bars their entry.
One of the exceptions states that asylum is not available to an alien who has filed a previous application that was denied, unless he can show a change in circumstances which materially affects his eligibility for asylum.
ADVERTISEMENT. The rule that Judge Tigar suspended would have avoided this problem by preventing the asylum seekers from getting to a hearing before an immigration judge at which their applications would be denied.
It is possible that when the proclamation is terminated, a court will find that the termination materially affects asylum eligibility and therefore that the bar to future asylum applications no longer applies.
https://thehill.com/opinion/immigration/419492-most-recent-court-order-on-immigration-will-have-serious-unintended
Judge Tigar granted a temporary restraining order which prohibits any action to continue the implementation of the rule and requires a return to the pre-rule practices for processing asylum applications.
Judge Tigar's restoration of pre-rule practices for processing asylum applications means that the illegal crossers will not be prevented from establishing a credible fear of persecution in the expedited removal proceedings, which will entitle them to an asylum hearing before an immigration judge.
The immigration judge will have to deny their applications because asylum would permit then to enter the United States - and the proclamation bars their entry.
One of the exceptions states that asylum is not available to an alien who has filed a previous application that was denied, unless he can show a change in circumstances which materially affects his eligibility for asylum.
ADVERTISEMENT. The rule that Judge Tigar suspended would have avoided this problem by preventing the asylum seekers from getting to a hearing before an immigration judge at which their applications would be denied.
It is possible that when the proclamation is terminated, a court will find that the termination materially affects asylum eligibility and therefore that the bar to future asylum applications no longer applies.
https://thehill.com/opinion/immigration/419492-most-recent-court-order-on-immigration-will-have-serious-unintended
No comments:
Post a Comment