The United States Supreme Court has allowed a Trump administration rule banning certain asylum requests to take effect pending an appeal. The rule allows immigration officials to deny asylum requests from migrants at the U.S. Mexico border who have traveled through another country to request asylum in the U.S. without first applying for and being denied asylum in a country through which they traveled.
The rule was previously banned from being implemented after a California district judge determined that the rule likely did not meet federal legal requirements. The Trump administration is appealing the ruling, but will be now allowed to enforce its rule pending that appeal. It is not know how the court case will play out. In his initial stay of the rule, the California judge specifically listed that the new asylum rule did not follow established guidelines for new regulatory rules, that the rule itself is not in line with established laws, and that the rule is likely arbitrary and capricious.
In practice, the now enforceable rule will allow immigration officials to deny asylum requests from anyone who traveled through Mexico to reach the southern border, regardless of their circumstances. This includes everyone seeking asylum from Central America. There are very few exceptions.
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It is unknown when the court case will reach the Supreme Court. Until that time, the rule denying asylum can be enforced.
Migrants from Guatemala, Honduras, El Salvador, and other Central American countries may have few options to enter the United States legally. The Law Offices of Scott Warmuth offers free immigration consultations to help would-be immigrants to the U.S. determine if they do have a path forward. Call us at 888-517-9888 to receive a free consultation.