New Rules on Asylum Seekers
Yesterday, the Supreme Court rolled back a temporary injunction stopping the Department of Homeland Security (“DHS”) from enforcing a new asylum rule.
I wanted to just give a quick overview of what the rule does.
- This is a new CFR affecting 8 CFR 1003–1208. RIN 1615-AC44; RIN 1125-AA91 (Styled EOIR Docket №19–0504; A.G. Order №4488–2019)
- It is Prospective, meaning it only applies to those who have asked for Asylum starting today, September 12, 2019 (technically the rule says July 16, but the injunctions were in place until today).
- It requires a 3rd country request for asylum if an immigrant traveled through a 3rd country to get to the United States with a few VERY narrow exceptions.
- The rule does not describe the 3rd countries as “safe” but as merely “third countries of transit.”
- DOES NOT apply to Withholding only or CAT claims (higher burden forms of asylum).
- It applies to Juveniles, not just adults.
- Those who are asking for asylum only are to be interviewed through the credible fear process. During that interview, DHS agents are to determine if the applicant has asked for asylum in a third country of transit, and if not, and no other forms of relief are available, an expedited removal order (deportations without due process before an Immigration Judge)is to be issued.
That’s what it looks like. My guess is everyone down at the border will start asking for withholding only and CAT during the interviews. Those still need to be adjudicated and DHS still doesn’t have space at the border. I don’t know if this will affect the number of people released into the US or not. Frankly, it may not. DHS can issue more expidited removal orders, but EOIR (the wing of the Department of Justice over immigration, including the immigration Judges) still has to take a look at withholding only and CAT claims. If most people ask for those, the backlog will continue. Then the other rules regarding long detention kick back in.
One final note, the number of people arriving at the border has gone done over the past 3 months, BUT the numbers are still the highest we have seen in my lifetime.
Feel free to shoot me questions if any of that doesn’t make sense.
