Trump Moves to End 3rd Country Asylum

Under a new rule by the Trump administration published on July 15 in the Federal Register, asylum seekers who pass through another country first will be ineligible for asylum at the U.S. southern border. The U.S. Departments of Justice and Homeland Security policy states immigrants who want to seek asylum at the southern border must first apply for asylum in another country. This would effectively end asylum for Central American immigrants who must pass through other countries to get to the border. 

According to the DHS rule,

“an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum.” 

This is the latest attempt by the administration to restrict asylum via the U.S.-Mexic0 border. Previous efforts were blocked by federal judges:

  • In June 2018, the Department of Justice introduced a policy cutting off asylum for victims of domestic abuse and gang violence.
  • In November 2019, Justice and Homeland Security issued a plan to block migrants who enter the country illegally from requesting asylum.

The DHS press release said asylum is “a discretionary benefit offered by the United States Government to those fleeing persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

The new rule goes into effect Tuesday, July 16. The American Civil Liberties Union plans to file a lawsuit to try to stop the rule from taking effect: 

“The Trump administration is trying to unilaterally reverse our country’s legal and moral commitment to protect those fleeing danger. This new rule is patently unlawful and we will sue swiftly.”

The Immigration Simplified attorneys work with you to evaluate your status and guide you in your journey to getting a Green Card. If you need help with an immigration issue, please contact our office or call us at (312) 883-9944.

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