Judge Declares Limiting Asylum Seekers Unconstitutional
Judge rules against limiting asylum seekers at the borders
On Thursday, September 2, 2021, Federal Judge Cynthia Bashant, who was appointed by former President Barack Obama, stated that the rule known as “metering” is unconstitutional because it limits and narrows viable alternatives for asylum seekers, who are people in urgent need of international protection.
In her ruling, Judge Bashant asked the DOJ (Department of Justice) to create an action plan to gradually remove this policy and allow all asylum seekers to file their cases at authorized ports of entry. This entity and other humanitarian groups must accomplish this task no later than October 1.
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What is the “metering” rule?
According to the American Immigration Council, “Under ‘metering’, U.S. Customs and Border Protection (CBP) limits the number of individuals who are permitted to access the asylum process each day at ports of entry across the border.”
In other words, this rule allows immigration officials to set a daily cap on the number of asylum seekers who can file their cases at the borders.
When there is no longer availability to file their applications, asylum seekers must put their names on unofficial waiting lists and remain in Mexico until new slots become available.
As a result, under this rule, the number of pending asylum applications increased disproportionately, and there is currently an alarming backlog of immigration cases across the US.
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The “metering” rule’s history
In 2016, the Obama administration officially implemented the so-called “metering” rule, which was initially used to stem a surge of Haitian migrants arriving at the borders to seek political asylum.
Then, as expected, the Trump administration expanded this rule in 2018, further limiting the possibilities for the most vulnerable immigrant communities.
Adding to that, the sudden arrival of the global Coronavirus pandemic also allowed the Trump administration to interdict immigration almost entirely, which increased hurdles for certain asylum seekers.
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How can you avoid precarious situations during your immigration process?
The best alternative to submit a strong immigration case and protect your future in the US is undoubtedly to seek reliable help from experts who know the local immigration system and have the tools necessary to guide you every step of the way.
We want to provide constant guidance throughout your immigration process and help you build the future you want and deserve in the US. Contact Motion Law Immigration and follow the advice of our experienced attorneys, regardless of whether you need help starting an immigration process from scratch, need to apply for your legal documentation or have a pending process.
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