Tuesday, July 16, 2019

Asylum rule changed for the better

Congressional Democrats refuse to close loopholes in our political asylum system that has triggered a crisis at our southern border, the Departments of Justice and Homeland Security issued a joint Interim Final Rule (IFR) baring those who enter, or attempt to enter, the United States illegally seeking political asylum but went though a safe third country and did not apply for asylum. This interim rule, authorized by Congress in section 208(b)(2)(C) of the Immigration and Nationality Act, adds a new bar for asylum seekers and includes three limited exceptions:
  • Courtesy of Border Patrol
    an alien who can show that he/she applied in a safe third country for asylum for protection from persecution and can show a final judgment of being denied by that country
  • an alien who can clearly show that he/she satisfies the definition of “victim of a severe form of trafficking in persons” provided in 8 C.F.R. § 214.11; or,
  • an alien who has made their way through only a country or countries that were not parties to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Records have shown that only 11 percent of asylum seekers get their claims granted, the other 89 percent just remain in the U.S. illegally, figuring there is little chance of removal. As of now the back-log in our courts shows 900,000 pending asylum cases, and since we have a limited time to hold them, most are on our streets now free to do what they want, this is unfair for those who are trying to get here the legal way and are enduring persecution in their country.

The Departments of Justice and Homeland Security are lawfully exercising authority provided by Congress with this badly needed rule change. No one will be denied if they truly need asylum. This abuse of our asylum system not only hurts us economically but undermines many of the humanitarian purposes of asylum.

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