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7/22/2019

let's talk about president Trump's new third country asylum rule

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​On July 15, 2019 the Trump administration issued a new asylum rule seriously limiting access to asylum. This rule states that any immigrant who travels through a third country on the way to the United States is ineligible for asylum unless that individual first applies for asylum in the third country and his/her asylum application is denied. This rule effects any individual who enters the United States seeking asylum after July 15, 2019. It has very serious effects upon those entering the country as the vast majority of immigrants (excluding asylum seekers from Mexico and those few individuals who are lucky enough to fly or boat directly from their home country to the United States).

What does this rule mean in real terms? Most asylum seekers would never be approved for any visas to enter the United States, therefore the only way for them to apply for asylum in the United States would be to pass through a third country en route to the United States. For example, many individuals from India who want to seek asylum in the United States travel through Thailand, Japan and Mexico before requesting asylum at a port of entry at the Mexico/U.S. border. Individuals from other countries would go through a similar route. 

Fortunately, suits have been filed in federal court by the American Civil Liberties Union and other groups challenging the legality of this rule. Presently, there is an injunction prohibiting the enforcement of this rule in the United States Court of Appeals for the Ninth Circuit.  Unfortunately, this injunction only applies for those in the Ninth Circuit, which means the rule is presently in effect in all other federal circuits across the United States. For individuals living and/or detained in these other circuits and who entered the United States after July 15, 2019, their only legal remedy would be to seek withholding of removal and relief under the Convention Against Torture, at least until such time as this rule is struck down by a federal court, which is expected to happen some time around October when the Ninth Circuit makes a final decision about the legality of the rule.   

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    Chris lives in Alexandria, Louisiana where he enjoys playing with his girls and being the best husband he can possibly be. 

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I was in deportation process for seven years; my deportation/asylum court hearing was postponed several times. At this point, I contacted Chris. I told him my personal story- I was tortured in Syria and seeked asylum in the US. When I arrived in the US, I was detained for 48 days in Houston once I arrived. Chris was so moved by my experience, that offered to take my case for free! Chris gathered all the necessary documents from me and went through great efforts on my behalf. He looked up related events and updated my whole case. The night before my deportation/asylum hearing, we went over the entire folder as well as about 100 questions he had previously prepared. The hearing was initially estimated to last for about an hour by my previous Pro Bono attorney; in reality, the hearing lasted 3 hours. Chris asked me all the questions he had prepared to demonstrate the truth about my story. The prosecutor ended up having only a couple of questions; Chris interfered to explain her questions to me and make my answers more to the point and more helpful to my case. Chris had to undergo surgery a few days before the hearing and yet, he drove all the way to Houston, carried the entire 12 inch thick folder for about a 15 minutes walk, and didn’t tell me about this until the break in the middle of the hearing. His confidence before the hearing, as well as during, was unparalleled and impressive! He connected on a personal level and knew what to ask and how to tackle the case and he just did. Thanks to Chris, I am an asylee. I am not in immigration-status limbo anymore; I am able to thrive and continue my career as a pathologist in the US thanks to Chris. I am eternally thankful and grateful to him for his dedication, compassion, knowledge, and his kindness!"

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  • Home
  • PRACTICE AREAS
    • Immigration Bonds
    • Asylum
    • Deportation defense >
      • Immigration Appeals
    • Green Cards
    • Nonimmigrant Visas >
      • E2 Visas
      • H-2A Visas
      • H-2B Visas
      • K-1 Visas
    • Civil Litigation
  • About
  • Blog
  • Contact
  • Immigration Courts and Detention Centers
    • Adams County Correctional Center
    • Houston Processing Center
    • Richwood Correctional Center
    • South Louisiana Correctional Center
    • River Correctional Center
    • Jackson Parish Correctional Center
    • Winn Correctional Center
    • Lasalle ICE Processing Center
    • Pine Prairie ICE Processing Center
    • Lasalle Immigration Court
    • Oakdale Immigration Court
    • New Orleans Immigration Court
    • Tallahatchie County Correctional Facility
  • Locations
    • Liberty Law Group Shreveport Office
    • Liberty Law Group Alexandria Office
    • Monroe Service Location