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