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9/10/2019

New Procedure coming for asylum seekers requesting  parole

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Good news is coming for some asylum seekers requesting release upon entering the United States. On September 5, 2019 Federal Judge James E. Boasberg issued a preliminary injunction requiring ICE to restore parole procedures for detained asylum seekers. 

Before President Trump took office, asylum seekers (even those who were not eligible to request bond before an immigration judge) could seek release by using a process known as parole. In 2010, ICE released a memo identifying the procedure for releasing asylum seekers on parole. 

Federal regulations allow ICE to release the following five groups of asylum seekers (assuming they do not present a flight risk or pose a danger to the community): 
  (1) aliens who have serious medical conditions, where continued detention would not be appropriate; (2) women who have been medically certified as pregnant; (3) certain juveniles; (4) aliens who will be witnesses in proceedings being, or to be, conducted by judicial, administrative, or legislative bodies in the United States; and (5) aliens whose continued detention is not in the public interest. See 8 C.r.R. § 2l2.5(b).  

In the 2010 memo, ICE elaborated on the "public interest" requirement as follows: "when an arriving alien found to have a credible fear establishes to the satisfaction of ORO his or her identity and that he or she presents neither a flight risk nor danger to the community, ORO should, absent additional fac tors (as described in paragraph 8.3 of this directive), parole the alien on the basis that his or her continued detention is not in the public interest." 

After taking office, the Trump administration altogether removed the ability for asylum seekers to seek parole before Immigration and Customs Enforcement, and any attempt to do so would be futile. Previously, parole was the only avenue for relief for many of these asylum seekers since many request asylum at a port of entry, are deemed "arriving aliens" under the law and not statutorily eligible to seek a bond before an immigration judge. After the Trump administration made these new rules denying parole to asylum seekers, these individuals lost all hope for ever being released during the pendency of their immigration case. 

Now that Judge James E. Boasberg has blocked the Trump administration from enforcing this policy, asylum seekers who are not otherwise eligible for bond may request parole with ICE. It is important to note that this ruling does not require ICE to grant parole to each and every individual who requests it - it simply requires ICE to follow the guidelines previously enacted. 

Successfully obtaining parole requires that a good deal of paperwork be submitted and this should not be taken lightly. If you or a family member are in detention and feel that you have a good chance for obtaining parole in light of this new ruling, contact Liberty Law Group and allow us to guide you through the process of requesting parole.  

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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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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!"

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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
    • 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