Posted on July 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On July 17, the D.C. Circuit Court of Appeals upheld parts of a lower court ruling that blocked the Trump administration from implementing policies that would bar domestic abuse victims and people fleeing gang violence from seeking asylum in the U.S. The case was brought by 12 asylum seekers through the ACLU, who successfully argued that the Trump administration was elevating asylum standards beyond Congress’ intentions.
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Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A three-judge panel of the 9th Circuit found procedural and substantive reasons to block the “asylum ban” while litigation proceeds. The impact of this ruling is low, however, since a federal judge in Washington, D.C. blocked the policy on procedural grounds last week. Additionally, the Trump administration has imposed pandemic-related measures that allow CBP to quickly expel asylum seekers from the U.S.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Department of Homeland Security v. Thuraissigiam, the U.S. Supreme Court held that restrictions on the ability of asylum seekers to obtain review of expedited removal orders under a federal habeas statute do not violate the Constitution’s suspension clause or due process clause
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 22, the Trump administration published a new rule that would make it more difficult for asylum seekers to get work permits. The rule lengthens the waiting period before an asylum seeker may apply for the work permit from 150 days to 365 days. It also bars asylum seekers who entered the U.S. outside a port of entry. The rule takes effect on August 25.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, USCIS published a final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective on August 25, 2020. On the Immigration Impact blog, the American Immigration Council’s Aaron Reichlin-Melnick writes that the rule “will strip most asylum seekers of the right to seek work authorization” and that, in response to concerns that the rule would force many into desperate straits, DHS suggested that asylum seekers become familiar with state homelessness resources.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS recently sent out conflicting information on how asylum seekers in Mexico would receive new immigration court dates. First, DHS told asylum seekers to come to a port of entry one month after their originally scheduled court date in order to receive a new hearing date. A week later, DHS sent a notice out telling some asylum seekers to report on their original court date to receive a new date. Later, DHS clarified that the first instruction was the correct one. The DHS official who sent out the conflicting information said that it was due to an “unintentional internal disconnect” within DHS.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS recently sent out conflicting information on how asylum seekers in Mexico would receive new immigration court dates. First, DHS told asylum seekers to come to a port of entry one month after their originally scheduled court date in order to receive a new hearing date. A week later, DHS sent a notice out telling some asylum seekers to report on their original court date to receive a new date. Later, DHS clarified that the first instruction was the correct one. The DHS official who sent out the conflicting information said that it was due to an “unintentional internal disconnect” within DHS
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Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 30, the Trump administration postponed immigration court hearings for asylum seekers waiting in Mexico under the “Remain in Mexico” policy. Asylum seekers with hearings scheduled through June 1 should wait until instructed, then appear at the border to get new hearing dates. As of last Friday, there were about 25,000 asylum seekers waiting in Mexico.
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Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published a notice in the Federal Register containing the text of the Asylum Cooperative Agreement between the United States and Honduras, which was signed on September 25, 2019.
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Posted on April 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A gay man from Ghana was brutally attacked for his sexual orientation before he escaped and made his way to the U.S. Immigration judges denied his claim in part because there were not multiple attacks. On appeal, a federal appeals court ruled that the man must have his claim reconsidered, saying a single attack can be sufficient for an asylum claim depending on the circumstances.
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