Judge Blocks Trump’s Attempt to Ban Political Asylum

Promising news for immigrants in the US

Finally, after countless restrictions and changes recently implemented by Trump’s government in the immigration policies of the US, the immigrant community can keep the illusion of building a promising future in North America.

Asylum seekers have suffered the most from the emergency measures implemented during the massive outbreak of Coronavirus in the US. In fact, the Trump administration banned asylum seekers from entering the country until the end of July 2020, arguing that:

• The country must safeguard local resources to avoid possible saturation of the economic and health system.
• Asylum seekers use public benefits that are essential to overcome the current crisis.
• Immigration processes are already behind schedule and it is best to avoid accumulating more work for employees of the US Citizenship and Immigration Service (USCIS).

It is important to clarify that the current administration of the US has changed several processes in asylum applications even before the arrival of the Coronavirus pandemic.

For instance, during 2019, the Trump government issued an official order stating that all immigrants arriving at the southern borders of the country with the intention of applying for asylum, must demonstrate that they have applied for asylum in other countries (such as Mexico or Guatemala) before arriving in the US.

If you need help to apply for Political Asylum in the US, feel free to contact our experienced immigration attorneys.

A federal judge reverses this presidential order

A federal judge in Washington, DC declared on Wednesday, July 1, 2020 that President Trump’s order to compel immigrants to apply for asylum in third countries before arriving in the US contradicts the law established by the Immigration and Nationality Act (INA).

As explained by the INA, when an immigrant arrives in the US, (s)he has the right to request asylum. The only scenario where this is not allowed is if the immigrant has a criminal record that makes him or her inadmissible to the US.

According to the judge, President Trump cannot impose “arbitrary and capricious” measures (in his own words) without first verifying the viability of his proposals and reviewing that no further changes in immigration policy are needed.

The presidential order stops automatically

Because a federal judge found compelling evidence in the laws established in the US, this presidential order is automatically and immediately suspended and is invalid due to lack of support by the laws of the country.

This is very hopeful news for thousands of immigrants who had to return to Central American countries due to the policy implemented by President Trump. Now, they can come to the US and have every right to request political asylum without the need to request it in another country.

In addition to that, the federal judge recommended for the Supreme Court of Justice to review in detail the presidential orders regarding immigration arguing that many of the measures implemented may not be in accordance with the US Constitution.

It is the right time to celebrate

Despite the current situation, we can see with this news a promising future for people who want to request entry and legal residence in the US, be it through political asylum, a work visa, a family visa or any other means.

The most important thing is to organize your immigration case correctly and find help from specialists to guide you to the success of your application.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.