Judge Strikes Down Immigration Policy Regarding Asylum

 Posted on August 07, 2023 in Immigration

The U.S. government’s immigration policies have changed significantly in recent months. The administration of President Joe Biden has put measures in place that are meant to reduce illegal immigration and ensure that people who are seeking to enter the United States can do so in a safe, orderly fashion. While these policies have seemed to have positive effects, reducing the number of people who have attempted to enter the U.S. without authorization, they have also come under fire by advocates for human rights. These advocates recently scored a victory when a federal judge blocked a key provision in the Biden administration’s asylum policy.

Changes to Policies Affecting Eligibility for Asylum

Under the Biden administration’s policy, immigrants are encouraged to apply for asylum by scheduling an appointment with immigration officials through a smartphone app, and they must do so before attempting to enter the United States. To help ensure that people use the proper channels when applying for asylum, the administration has stated that anyone who enters the United States without authorization would become ineligible for asylum.

The judge struck down this provision of the policy, stating that it violated the immigration laws of the United States. Immigrants are allowed to request asylum regardless of how they enter the country, and these laws are meant to provide protection for people who are fleeing persecution or who may be at risk of harm if they were forced to return to their original countries. 

While parole programs have been put in place to help immigrants enter the United States legally, the judge noted that these programs are country-specific, and they are not available to all immigrants. While immigrants from Cuba, Haiti, Nicaragua, and Venezuela may be able to receive parole, others may be ineligible for these programs. Regardless of their country of origin, many immigrants have faced difficulties in securing lawful entry to the U.S., and limits on when people can apply for asylum may put some at risk of harm as they attempt to follow the correct immigration procedures.

Who Is Eligible for Asylum?

To apply for asylum in the United States, there are certain requirements that immigrants must meet:

• The person must be physically present within the borders of the United States at the time of applying for asylum.

• The person must apply within one year of arriving in the United States. However, exceptions may be made if there are changed circumstances or exceptional circumstances that prevented an earlier filing.

• The fear of persecution must be based on one or more protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

It's important to note that individuals who have been convicted of certain crimes or who belong to designated terrorist organizations may not qualify for asylum.

Contact Our DuPage County Asylum Attorneys

For immigrants and family members who need to address issues involving asylum, deportation, visa applications, adjustment of status, or other related concerns, the Illinois immigration lawyers at Mevorah & Giglio Law Offices can provide effective legal help. We understand the complexities involved in applying for asylum and other forms of humanitarian relief, and we can help immigrants take the correct steps to receive the protections they need. Contact our firm at 630-932-9100 to schedule a free consultation and learn how we can help address your immigration needs.