Liberty Law Group, LLC
Picture
  • 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
    • Central Louisiana 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

11/20/2019

new  rule  by eoir and dhs pertaining to asylum cooperative agreements

0 Comments

Read Now
 
On November 19, 2019, the United States Department of Justice and the Department of Homeland Security published a joint interim final rule pertaining to aliens who are subject to at least one of the Asylum Cooperative Agreements that the United States has entered pursuant to  Section 208(a)(2)(A) of the Immigration and Nationality Act. 

What are these Asylum Cooperative Agreements? Found within the Immigration and Nationality Act, is a seldom used rule that allows the United States to deny asylum to an individual who can be sent to a "Safe Third Country." This law allows the United States to remove an asylum seeker to another country with which the United States has entered into such an agreement. This third country would then determine whether this individual merits protection under its asylum laws.

Pursuant to the Immigration and Nationality Act, in order to remove an asylum seeker to a safe third country, the United States has to prove that (1) the person would not be persecuted in that third country; and (2) that third country can provide a "full and fair" procedure to request asylum. 

Prior to the present administration taking office, the only Safe Third Country agreement was entered into between the United States and Canada and this agreement only applies to individuals who pass through Canada to enter the United States and who pass through the United States to enter Canada. This agreement does, however, allow individuals who pass through Canada to apply for asylum in the United States if the person passing through has a family member so long as the family member has legal status in the United States or is applying for asylum. 

Ever since President Trump came into office, the United States has since entered into Safe Third Country agreements with El Salvador, Honduras and Guatemala. These agreements contain none of the exceptions provided for in the Safe Third Country agreement between the United States and Canada. Also, these agreements do not contain any provision that the agreement only applies to persons passing through these countries. In essence, what this means is that if an individual passes through Mexico to apply for asylum in the United States, that person might be removed to El Salvador, Honduras and Guatemala pursuant to these agreements. These rules technically could also apply to individuals from Mexico seeking asylum in the United States. What this means in real terms is that the United States could send any asylum seeker to El Salvador, Honduras and Guatemala and make them apply for asylum in one of those countries. 

With this context in mind, let's go back and take a look at the new joint interim rule the United States Department of Justice and Department of Homeland Security just published. First, and foremost this rule  only applies to aliens who arrive at a United States Port of Entry or enter or attempt to enter the United States ports of entry, on or after November 19, 2019. 

Second, this rule clearly states that it only applies to aliens who are subject to these Safe Third Country agreements. The next question then becomes who exactly is subject to these agreements? Most news agencies believe that only those people who first pass through either Honduras, Guatemala or El Salvador are the ones subject to these agreements, but a careful review of the text of these agreements does not appear to support this position. In fact the text of the agreements only states who is not subject to the agreement, not who is subject to the agreement. For example, the Asylum Cooperative Agreement between the United States and Guatemala only states that it does not apply to citizens or nationals of Guatemala - it does not state who it applies to. This is an issue that will need significant clarification as this program moves forward. 

Third, aliens who are subject to these agreements will have an opportunity to establish that it would be "more likely than not" that the alien's life or freedom would be threatened in the third country on account of a protected ground or that the alien would be tortured in the third country." Essentially, if the alien proves that they would be harmed in the third country in which they are being sent, they will be able to seek asylum in the United States. This "more likely than not" burden of proof is absurd and is way more difficult to prove than the asylum burden of proof where the alien must only show a "credible fear of persecution." Supporting such a heavy burden of proof often requires significant documentation and much preparation. The problem is that this burden of proof is being determined by asylum officers at the border immediately upon entry by the alien into the United States - by the time the alien goes through the first screening step, they will not have sufficient time to prepare their case and bring such evidence in order to meet this heavy burden. As a result, this makes it almost impossible for an alien to meet this exception.

Additionally, prior to implementation of this rule the Department of Justice and Department of Homeland Security are required to "make a generalized determination as to whether the third country grants asylum seekers access to a full and fair procedure." This is a joke. None of these "Safe Third Countries" have the resources to provide a "full and fair procedure." 

If an asylum officer determines that an alien is not subject to an Asylum Cooperative Agreement, that the alien falls within an exception to each applicable Asylum Cooperative Agreement, or that the alien would more likely than not be persecuted on account of a protected ground, or tortured in each of the prospective receiving countries, then the alien is eligible to apply for asylum, withholding of removal or relief under the Convention Against Torture in the United States. If the alien doesn't meet one of these three requirements then the alien is not eligible to apply for asylum, withholding of removal or relief under the Convention Against Torture - this differs greatly from the previous third country asylum rule which still allowed individuals passing through third countries to apply for either withholding of removal or relief under the Convention Against Torture. 

It is critical to point out that an immigration judge does not have jurisdiction to review an asylum officer's determination of whether this provision applies to a certain alien. Additionally, it is important to note that a federal immigration officer recently told a reporter from Reuters that aliens in this screening process are not allowed access to an attorney. 

Finally, it is also important to point out that this new law will not apply to the following individuals: (1) unaccompanied children; (2) migrants with valid U.S. travel documents; (3) cases of public interest; and (4) separation of spouses and families. 

This new rule is not surprising and is yet another attempt by the Trump Administration to undermine the asylum laws in the United States and put asylum seekers in harms way be sending them to countries with some of the highest murder rates in the world.

If you are concerned a friend or relative will be placed in this new program, you are welcome to contact Louisiana immigration lawyers at Liberty Law Group and we will be more than happy to provide you with a free consultation regarding this issue. 

Share

0 Comments



Leave a Reply.

Details

    Author

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

    Archives

    February 2021
    January 2021
    December 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    December 2019
    November 2019
    October 2019
    September 2019
    July 2019

    Categories

    All

    RSS Feed

Alexandria Office
4011 Parliament Drive
Alexandria, Louisiana 71303
(318) 321-2460
[email protected]

Shreveport Office
331 Milam Street
​Suite 200
Shreveport, Louisiana 71101
​(318) 383-2825

What Our Clients Are Saying

"Such a Wonderful Human!
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!"

Contact Us
​Se Habla Espanol

    Subscribe Today!

Submit
Louisiana Immigration Lawyer
Louisiana Immigration Attorney
Immigration Attorney Louisiana
Immigration Lawyer Louisiana
Immigration Attorney in Louisiana
Immigration Lawyer in Louisiana
Shreveport Immigration Attorney
Shreveport Immigration Lawyer
Alexandria Louisiana Immigration Lawyer
Alexandria Louisiana Immigration Attorney

  • 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
    • Central Louisiana 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