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.
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.
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.
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.
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.
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”
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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Additional Practice Areas
We represent clients who are involved in court cases in a variety of matters such as family law, uncontested divorce, adoption, criminal defense, personal injury defense, and general litigation.
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.