Immigration Law: Asylum Law

2/2/21 Biden orders a review of the Migrant Protection Protocols, the public charge rule, and the separation of children from their parents.

MPP terminated June 1, 2021

ABA Journal 2/25/2022 Law firms can help Ukrainians in the United States apply for asylum; and can help people who haven’t gone through a traditional visa process to enter the United States through a Humanitarian Parole program

2/2022 - The American Bar Association Urges the federal government to maintain and provide to all persons seeking protection from persecution or torture an asylum system that affords them transparency, due process, access to counsel, and a full and fair adjudication that comports with U.S. and international law and urges an end to the use of Section 265 of Title 42 of the U.S. Code by the Department of Health and Human Services and the Department of Homeland Security to block and expel asylum seekers at the U.S. Border.

LA TImes 6/5/21

From Homeland Security website.

3/24/22 The rule authorizes asylum officers within U.S. Citizenship and Immigration Services (USCIS) to consider the asylum applications of individuals subject to expedited removal who assert a fear of persecution or torture and pass the required credible fear screening. Currently, such cases are decided only by immigration judges within the Justice Department’s Executive Office for Immigration Review (EOIR).

From USCIS

DHS 4/27/23

Proposed 2/22/23

From the ACLU.

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

The US Supreme Court on June 1, 2021 held that The presumption of credibility applies with respect to credibile fear, but the INA expressly requires the noncitizen to satisfy the trier of fact on credibility, persuasiveness, and the burden of proof.

Mapping asylum procedures, reception conditions, detention and content of protection in Europe

Law Library of Congress 6/22

2016 Journal of the American Academy of Matrimonial Lawyers, article by Timothy P. Fadgen and Dana E. Prescott