TRUMP'S NEW RULE HARMS MANY ASYLUM SEEKERS
Judges can now deny asylum claims without hearings if applications lack key requirements, per new EOIR memo.
New Memorandum Gives Judges Power to Deny Asylum Cases Without a Hearing
On April 11, the head of the Executive Office of Immigration Review (EOIR), Sirce Owens, sent a memo to judges giving them the authority to deny asylum cases without giving immigrants the opportunity for a hearing when, in the judge's opinion, the application does not have a good basis or does not meet the basic requirements for asylum.
The new rule, which could affect hundreds of thousands of applications, will allow immigration judges to reject asylum applications without a hearing or testimony if they believe that the applicant does not meet the basic requirements for asylum, such as that the person has been affected for reasons related to the government or that the government cannot protect them. These, among other reasons, can be used to deny asylum.
One of the problems is that many people fill out the application, especially when they are detained or newly arrived in the United States, without the help of a lawyer, by people who are only bilingual and many are not even bilingual and who, out of ignorance, do not include all the important factors and requirements.
There are perhaps more than one million political asylum cases pending in the courts. We do not know exactly how many are in the courts, but there are more than 3.7 million cases pending in immigration courts, and it is very likely that at least half of them are asylum cases.
It is unfortunate that due to the lack of proper legal assistance, people can be quickly deported, so it is important that they seek an immigration lawyer to help them fill out the form and submit their complete application.
They should also keep in mind that reasons such as poverty or lack of employment in their country are not basic grounds for requesting asylum, and many times people give these reasons and leave out other important factors simply because they do not know how asylum works.
This new decision is part of the immigration changes since Trump took power in his effort to make life more difficult for immigrants, especially those seeking political asylum.
If you are applying for political asylum and a decision has not yet been made on your case, especially if you did so without the advice of an attorney, it is important that you make an appointment with an immigration attorney specializing in asylum cases as soon as possible to review it before it is rejected by a judge.
Many people are also confused and do not write down all the factors because they do not have all the evidence, but they must understand that after filling out and submitting the application, they still have time to obtain evidence to support their case and arguments.