USCIS Imposes New Rule for Asylum Seekers

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There is a proposed regulation that will impose new restrictions on those seeking asylum in the United States. The Biden administration released a new rule that basically bans migrants from applying for asylum in the United States if they passed through other countries on their way to the border. This new regulation could affect thousands of asylum seekers. While the proposal from the administration is trying to manage border issues, it may create severe limitations on asylum for any nationality besides Mexicans. If this is affecting you or your loved ones, you may want to seek counsel from our New Jersey immigration lawyer. You can count on us to provide you with the legal support you need.

What to know about a new rule for asylum seekers?

The latest regulation is aimed at discouraging migrants from crossing the border illegally. It greatly restricts those seeking asylum. Migrants will be penalized for crossing the border without authorization or failing to apply for protection in another country that they pass through on their journey.

There has been much criticism around the new proposal. The Biden administration made many claims about supporting asylum seekers and this new rule is reminiscent of one proposed during the Trump era. Humanitarian leaders feel that this new regulation is unfair to refugees seeking safety. The Biden administration rejects these claims. Officials say that they are trying to offer safe alternatives and discourage dangerous travel. They say that the restrictions are redeemed by offering legal pathways instead. If arriving at an official port of entry, eligibility could be given, with an appointment scheduled in advance.

Biden’s plan differs from the Trump-era plan. Rather than trying to discourage asylum as a whole, the intention is to provide safer alternatives and control the border when Title 42 ends. This was the pandemic-era public health restriction that has been used to turn away asylum seekers. It is expected to be lifted on May 11th when the new asylum rule is planned to begin.

There are several more differences, in the forms of humanitarian exceptions such as these:

  • Unaccompanied minors
  • Migrants with acute medical conditions
  • Human trafficking victims
  • Those fleeing “imminent and extreme” danger

Further, migrants can attempt to prove that they were denied refuge in another country, and were unable to try to attempt protection before reaching the US border. These refugees would be facing a legal battle and would be best suited to obtain legal representation. The restrictions being put on asylum seekers may be in violation of the law. It would be advantageous to seek legal assistance. Our firm is very experienced in helping individuals seeking asylum. We are here to help.

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