ACLU Files Lawsuit for Denial of Asylum Applications
The US is the destination of thousands of asylum seekers
In a continent that constantly experiences precarious situations such as violence, political crisis, economic instability, high unemployment rates and wars, the US is the destination of thousands of immigrants who seek international protection due to circumstances of their countries.
Immigrant communities have the possibility to choose humanitarian programs such as political asylum or refuge in the US to protect themselves from persecution and violence of their countries. They must demonstrate that they have been (or could be) victims of threat due to their race, religion, political opinion, sexual orientation, inter alia.
Adding to that, the US has always been known for welcoming the most vulnerable immigrant communities, offering them opportunities to build a promising future and protect their integrity.
However, it is also important to clarify that the political asylum process changed substantially under the Trump administration, who would rather implement a merit-based immigration system than offer humanitarian alternatives.
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Asylum application approval rate declines in Maine
Normally, the US Citizenship and Immigration Service (USCIS) offices initially review asylum applications and are in charge of accepting or rejecting them. However, if requests are rejected, applicants are normally referred to local immigration courts for further review.
Speaking specifically about the state of Maine, the Boston-based USCIS office reviews asylum applications and those rejected are sent to the Boston immigration court, which is run by the Department of Justice (DOJ).
Several organizations recently reported that the number of applications approved by the Boston USCIS office decreased substantially in recent years, increasing waiting times for applicants and saturating the Boston immigration court system.
Official figures:
- In 2016, the Boston USCIS office approved more than 40% of asylum applications, which was the normal national average. However, due to Trump’s immigration policies, this figure changed substantially.
- In 2019, the Boston USCIS office approved less than 8% of asylum applications, a drop of more than 30% compared to 2016. Also, national average was approximately 25% during the 2019 and is currently about 30%.
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ACLU files FOIA lawsuit
On Thursday, November 12, 2020, the American Civil Liberties Union (ACLU) and two other organizations filed a Freedom of Information Act (FOIA) lawsuit, asking for details about reasons why almost all asylum applications were rejected in Maine during 2019.
These organizations decided to file the lawsuit due to the lack of response from federal entities to a request for public records in 2019.
The rejection of such a large number of applications saturates the local immigration system and increases waiting time for asylum seekers to be able to reunite with their relatives in the US and obtain a work permit.
Adding to that, these organizations state that “many of the asylum applicants who are referred or denied by USCIS Newark Asylum Office and Boston Sub-Office are later granted asylum by the courts, which shows their asylum application has merit.”
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