New York City and Tri-State Area

Tag: Asylum

Dan Drucker Published Article in Nassau Lawyer on Matter of H-A-A-V-

Dan Drucker was recently published in the Nassau Lawyer, the Nassau County Bar Association’s newsletter, where he discussed the case of Matter of H-A-A-V-, an immigration lawsuit with alarming implications for asylum seekers. In it, the Board of Immigration Appeals (BIA) ruled that a judge could pretermit an asylum application if the judge believed the respondent did not present a prima facie claim for relief. In other words, if an asylum seeker was unable to convince a judge they had an asylum claim on their face, the judge could deny it without an opportunity for appeal or trial.
You can read more in the article below.

New Border Asylum Policy Faces Legal Headwinds

On June 4, President Joseph R. Biden signed an executive order declaring that any noncitizen attempting to cross the southern border of the United States would be turned away unless they presented themselves at a legal port of entry. This policy was put into place to deal with a rising number of undocumented immigrants crossing the southern border, which has begun to overwhelm immigration authorities. Notably, this policy does not exempt people seeking asylum, which led to two separate groups filing a lawsuit, saying that the new policy violates existing immigration law.

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Biden Administration Proposes “Transit Ban” For Asylum Seekers

The Biden Administration has put forward a proposed rule that, if accepted, would make it significantly harder for some asylum seekers to obtain asylum when they come to the U.S. This rule would prevent anyone who traveled to the United States after passing through another country from seeking asylum, unless they also first sought asylum in those other countries. For many asylum seekers, this “transit ban” could have a negative impact on their ability to obtain asylum and remain in the U.S. legally.

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Federal Court Strike Title 42 Rule

In a ruling passed down on November 15, a district court judge struck down Title 42, a pandemic-era policy intended to make it harder for many immigrants to seek asylum in the United States. According to the ruling, the policy was not passed in accordance with the Administrative Procedures Act, making it illegal under federal law. This means that asylum seekers will have an easier time pursuing legal protections when they cross the border into the U.S.

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SCOTUS Certifies “Remain in Mexico” Policy Can End

The Supreme Court of the United States has certified, in a 5-4 ruling, that the “Remain in Mexico” policy put into place during the previous presidential administration can end. The policy, which forced asylum seekers to wait in Mexico while awaiting hearings in immigration court, was kept in place after a lawsuit was filed by the State of Texas to keep the Biden Administration from ending it. With this ruling, the policy can finally end, allowing asylum seekers to cross the border once more to seek refuge in the United States.

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US Prepares to Welcome 100,000 Refugees From Ukraine

President Biden has announced that the United States will be accepting up to 100,000 refugees from Ukraine to assist with the humanitarian crisis going on in the country. The Biden Administration has also said that it is examining various legal pathways that could be offered for Ukrainians to help them get legal status in the United States. The announcement comes as the Russian invasion of Ukraine enters its second month, and increasingly civilians are displaced by combat.

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USCIS Reverts to Prior Derivative Asylee Interview Policy

In accordance with two recent executive orders, the United States Customs and Immigration Services (USCIS) will be reverting to its previous policy for interviewing “derivative asylees,” people who immigrate with their family members when they seek refugee or asylum status. This shift back to the old policy will significantly reduce the strain on the immigration system, helping to speed up the process for relatives of refugees and asylees seeking to join their loved ones in the United States. However, some people will still need to interview to be considered a derivative asylee.

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DOJ and DHS Propose New Rule to Improve Asylum Process

In a new proposed rule issued by the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Biden Administration has announced that it will be looking to change the procedure for adjudicating asylum claims. This new rule would, in theory, make it much easier for asylum applicants to receive legal immigration status, speeding up their cases within the immigration system. It would also grant parole to asylum applicants much more often, allowing them to live legally in the United States outside of a detention facility. Continue reading “DOJ and DHS Propose New Rule to Improve Asylum Process”

USCIS Reverses “Blank Space” Rule for Asylum Applicants

In 2019, United States Customs and Immigration Services (USCIS) implemented a rule affecting certain forms, including those used by asylum applicants and victims of certain criminal acts. Now, that rule has been reversed, such that a blank space is no longer automatically disqualifying. This will make it easier for asylum applicants with missing or incomplete documentation to get asylum status. Continue reading “USCIS Reverses “Blank Space” Rule for Asylum Applicants”

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Attorney Profile

Attorney Dan Drucker

Daniel S. Drucker concentrates his practice in immigration law, specializing in family-based cases, small business immigration, and college/university-based immigration. He also has a substantial litigation practice, specializing in personal injury, general litigation, criminal law, and family law.

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