The Department of Homeland Security along with the Department of Justice

Last Monday, June 15, 2020, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced new regulations for asylum requests in the US.

In addition to these two entities, the Executive Office for Immigration Review (EOIR) and the US Citizenship and Immigration Service (USCIS) are also aware of the action plan.

The new rule proposed by the departments is called “The Rule on Procedures for Asylum and Withholding of Removal”.

The official statement presents certain specific changes that the departments want to implement for asylum application policies in the US.

Clearly, the Trump administration approves, supports and pushes for the changes proposed in the official statement.

What are the possible changes?

Some of the changes that might be implemented would apply to:

• Asylum procedures in the US.
• Protection established by the Convention Against Torture (CAT).
• Withholding of removal (protection from deportation).

The statement proposes a series of changes in asylum policies that could increase restrictions previously established by the current administration of the US.

DHS and DOJ present several proposals, including:

• If an asylum applicant submits questionable documentation or does not have the required documentation to submit the application, he or she may be “removed” from the US without the possibility of a hearing or second review.
• When an asylum seeker does not present enough evidence regarding “fear of torture, persecution or danger”, the asylum application could be denied and expedited removal (express deportation) could be used without the need of extensive deportation processes (except in some specific cases).
• It is proposed to add specific language so that judges can approve or reject an application for asylum in the US.
  This means that a local judge can approve applications if they have common language about the conflict or danger conditions applicants are fleeing from.
• The departments propose to increase the investigation regarding withholding of removal and evidence of fear of torture under the protection of CAT regulations.

Aside from these regulations, the document is very extensive and proposes a considerable number of changes to asylum application policies in the US.

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When would these changes be implemented?

If the Departments’ rule is accepted, these regulations would take effect on August 14, 2020.

However, this statement has not been approved yet and we must wait until the official response to the changes is announced.

In the event that this application is approved and takes effect, the asylum application processes will be more rigorous and it is essential to take into account the advice of experts to avoid deportation or the rejection of an application.

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Seek Reliable Help!

It is important to remember that asylum hearings will be available again on July 20, 2020.

This date was established by the Trump government due to the health crisis caused by the Coronavirus.

On top of that, with these possible changes in asylum policies, processes can take even longer than normal and it is important to take advantage of this time to organize the documentation properly.

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.