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Understanding Current Laws on Asylum

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The current asylum laws are ever-changing. On April 26, 2022, the Supreme Court addressed the Biden administration’s efforts to revert a Trump-era policy for asylum seekers. The “Remain in Mexico” policy meant that some asylum seekers had to wait in Mexico until their hearing determined whether they could enter the United States. Some called this policy cruel.

What Has President Biden Done?

Day one in office resulted in the president suspending the program. The court reinstated the policy after Texas and Missouri sued. The Biden Administration is currently fighting to allow asylum seekers to remain in the United States while waiting for their hearings. This ruling has raised many questions among supreme court justices and others worldwide. 

The outcome is not solely dependent on the United States Supreme Court but also on the willingness of Mexico to accept asylum seekers who are awaiting hearings. Asylum seekers leave their country out of fear of persecution. They must then live in fear at the Mexican border, awaiting asylum. Others cite that it is nearly impossible to find lawyers to take on their cases when they are stuck in Mexico.  

Other Policies Ending

The Biden administration is taking things a step further by ending another Trump-era policy. The particular policy addresses coronavirus at the border. The policy allows migrants to be turned away without the ability to seek asylum. There are currently 22 states challenging the decision to end Title 42.

How Does Asylum Work?

Asylum intends to help people fleeing persecution in their country. These individuals are referred to as refugees. Essentially, a refugee cannot return to their country for fear of prosecution and must create a new life elsewhere. The United States is legally required to offer protection to qualified refugees. The critical loophole here is determining if you are suitable for asylum. This determination is the cause of many contentious legal battles. 

There are two paths to entering the United States as an asylum seeker. The first is to apply from abroad as a resettled refugee. The process is often challenging since many people are actively fleeing persecution. The second method is to file as an asylum seeker within the United States. The caveat here is that you must already be on U.S. soil. 

There are also affirmative and defensive asylum options to consider. When you are not facing any removal proceedings, you can file for affirmative asylum. If you are already facing removal proceedings, you will file a defensive asylum. Both actions require the individual to already be in the United States. 

How The VanNoy Firm Can Help

The asylum-seeking process is complex, and with the status and laws changing every day, it can seem like a losing battle. Asylum seekers will need to have an immigration attorney who is up to date on all policies and can find the best legal recourse. The VanNoy Firm has the experience necessary to get your case heard. Contact us for an initial consultation using our online contact form.



About The Author

Anthony S. VanNoy

Trial Attorney

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