Certain Asylum Criteria Returned to Pre-Trump Norms

An asylum rule issued by the previous administration that made it difficult or impossible for the victims of gang crime or domestic violence to receive asylum in the United States was revoked by the Biden administration on Wednesday.  The 2019 rule was issued at least in part to reverse a 2017 court decision that determined that a family targeted by a drug cartel would qualify under the “social group” classification of asylum eligibility.  Immigrants can seek asylum if they fear persecution because of their race, nationality, religion, politics, or inclusion in a particular social group.

Under the rule that is being revoked, being targeted by gangs or because of one’s gender was considered “private violence”, not because of inclusion in a particular social group.  The revocation is not immediate and will follow the federal rulemaking process and allow for public comment.  Current asylum seekers may still have their cases adjudicated according to the revoked rule until the process is complete.

Seeking asylum in the United States is no easy task, regardless of circumstance.  While the Biden administration has made the process less cumbersome by reversing some Trump-era policies, receiving asylum is not guaranteed.

See the full news story here.

Immigration advocates welcomed the rule change, with the consensus being that while not perfect, the updated rule will allow for every asylum claim to be judged on the facts of the individual case.  The revocation of the rule was also hailed as a step forward, one that could save lives.  The revoked rule was originally criticized as cruel and afoul of legal precedent.

The Law Offices of Scott Warmuth helps immigrants to live and work legally in the United States.  We have been helping immigrants seek visas, green cards, and citizenship since 1984.  Our immigration experts provide free initial consultations, so call 888-517-9888 today.

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