US overturns Trump era restrictions on asylum cases based on domestic and gang violence

Attorney General Merrick Garland overturned the legal opinion issued under the Trump administration on Wednesday that it would severely limit domestic violence, claims for asylum by gangsters, and persecution resulting from family ties.

Garland provides shelter for gangsters and victims of domestic violence in a way that is consistent with international standards, as current asylum policies abolish the decisions made by its predecessors Jeff Sessions and William Barr. Cited an executive order by President Biden instructing authorities to decide whether.

Withdrawal of restrictions is a major factor in US asylum policy, as many claims of protection by Central American immigrants along the southern border cite domestic violence and gangsters that are widespread in parts of the region. It may pave the way for a transformation.

Over a four-year period, the Trump administration has enacted multiple rules, programs, and international agreements to limit access to the US asylum system at the southwestern border, and most Central Americans traveling north have US humanitarian protection. Claimed to be an economic migrant not subject to.

However, Mr. Biden accused Mr. Trump of his asylum policy as cruel and vowed to restore protection for domestic violence and victims of gangsters.

As Attorney General, Garland oversees the Department of Justice’s Immigration Court and its 1.3 million pending proceedings. Through case law decisions, the Attorney General also has the authority to unilaterally set rules governing the rulings of asylum cases under consideration by US immigration judges and asylum cases.

so Note Garland’s ruling addresses “complex and important questions” about U.S. asylum through formal regulations opened in public comments by Garland’s ruling, explaining Wednesday’s move. He said it would make it possible.

Mr Biden gave the Ministry of Justice and the Department of Homeland Security until October to complete the rules that are expected to renew the asylum claim ruling.

“These decisions include important questions about the implications of our country’s asylum law, which reflects America’s commitment to provide shelter for some of the world’s most vulnerable people.” Gupta writes.

In 2018 opinion Canceled On Wednesday, the session ruled that cases “related to domestic or gang violence committed by non-governmental actors” would generally not be worth asylum.

The session proclaimed that “private” criminal activity was not grounds for asylum, except in “exceptional situations.” The decision overturned the opinion of a 2014 appeals court that found that women suffering from domestic violence could be eligible for asylum under the protection of “certain social groups” under US law.

To qualify for asylum, U.S. law must prove that the applicant has been persecuted for race, nationality, political opinion, religion, or membership of a “certain social group.” It is stipulated that it will not be.

Garland said the session’s opinion contained “broad language” that threatened “a cautious case-by-case ruling of asylum claims.”

In other opinion, Garland Rejected On Wednesday, Barr ruled that the nuclear family did not form a “specific social group” in the “normal case” and fate the case of asylum seekers who claimed that the persecution was due to being part of the family. ..

Garland said Wednesday that Bar’s analysis in 2019 was “contradictory” to previous rulings that found that families could be a particular social group.

According to an internal memo obtained by CBS News, the guidance of the 2019 United States Citizenship and Immigration Services (USCIS) asylum-seeker received in response to Bar’s opinion was revoked last month.

USCIS does not state whether asylum-seekers have received new guidance regarding the ruling of claims regarding domestic violence and victims of gangsters.

The asylum rules that Mr. Biden ordered the authorities to develop by the fall are to define “specific social groups.”

In her memo, Gupta ordered a lawyer in the Department of Justice to stop defending Trump-era asylum restrictions in proceedings filed by immigrant advocates.

Clare Hymes contributed to this report.

US overturns Trump era restrictions on asylum cases based on domestic and gang violence

Source link US overturns Trump era restrictions on asylum cases based on domestic and gang violence

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