Judge orders Biden government to stop expelling migrant families without letting them seek asylum

Judge orders the Government to stop expelling migrant families without letting them seek asylum. This new order cancels the so-called Tit...

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  • Judge orders the Government to stop expelling migrant families without letting them seek asylum.
  • This new order cancels the so-called Title 42.
  • This measure was ordered by Trump.

A federal judge in the District of Columbia ruled this Thursday that it is illegal to deny migrant families with children the right to seek asylum, applying to them a regulation of the Trump administration era which was aimed at protecting public health, according to the news agency Eph.

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Federal Judge Emmet Sullivan’s order, contained in a 58-page ruling, will take effect in 14 days. Last year, the government of former President Donald Trump began to apply this regulation, called Title 42, which allows the expulsion of migrants who arrive at the border, considering them a threat to public health in the midst of the COVID-19 pandemic.

Title 42 Asylum: Over 1 Million Immigrants Have Been Detained

Title 42 Asylum: Over 1 Million Immigrants Have Been Detained
PHOTO: The Associated Press

So far in fiscal year 2021, which began in October 2020 and ends on September 30, 2021, Customs and Border Protection (CBP) has made 1,541,651 migrant arrests. on the southern border, of which 937 thousand 628 were expelled under Title 42.

The application of this regulation popularly known as Title 42, highly criticized by activist groups and the defense of civil rights, is one of the few of the Government of former President Donald Trump that is still in force with current President Joe Biden, in the House White. Filed Under: Asylum Title 42.

Asylum title 42: No pretext for the measure

Asylum title 42: No pretext for the measure
PHOTO: MH file

Federal Judge Emmet Sullivan wrote that, taking into account “the wide availability of tests, vaccines and other measures to minimize (the pandemic), this court does not believe that the contagion of COVID-19, during the processing at the border, cannot be significantly mitigated ”.

The government asked the court to suspend the order for 14 days in order to have enough time to “explore its appeal options,” added the ruling, which notes that the “plaintiffs do not oppose that request.” The document described the plaintiffs as “a group of asylum-seeking families who have fled to the United States.” Filed Under: Asylum Title 42.

Asylum title 42: America is a place of refuge

Asylum title 42: America is a place of refuge
PHOTO: The Associated Press

“For nearly a century, Congress has recognized that citizens of foreign countries are sometimes forced to flee persecution in their home countries,” the ruling stated. “And it has been the policy of the United States government that this country should serve as a place of refuge for people in such tribulations.”

Just last August, the administration of President Joe Biden proposed a measure that will benefit undocumented immigrants seeking asylum. With this action they intend to alleviate the number of backlogged applications, just as more and more applicants arrive at the southern border of the country. Filed Under: Asylum Title 42.

Title 42 Asylum: Biden Government Proposes Measure

Title 42 Asylum: Biden Government Proposes Measure
PHOTO: The Associated Press

On Wednesday, August 18, there was a change in the procedure to request asylum in USA. If the proposal is approved, then decisions on border asylum cases handled by immigration courts will go to officials trained to evaluate and decide on these types of petitions.

Andrew Selee, president of the Immigration Policy Institute (MPI), explained that “while this seems simply like a technical change in the process, the plan will help preserve asylum as a fundamental element in the US immigration system.” With this proposal, asylum seekers whose petition is approved “will have the right to that asylum, suspension of deportation”; while those who are denied will have the opportunity to file an appeal with an immigration judge. Filed Under: Asylum Title 42.

Title 42 Asylum: USCIS Will Handle Asylum Applications

Title 42 Asylum: USCIS Will Handle Asylum Applications
PHOTO: Twitter

This initiative, presented by the Department of Homeland Security (DHS) and the Department of Justice (DOJ, for its acronym in English), proposes that the decision on these asylum cases be handled by officials of the Service of Immigration and Citizenship (USCIS, for its acronym in English).

“These changes are intended to improve the ability to consider asylum requests made by individuals found on or near the border, in a way that is more effective in ensuring fundamental justice,” the joint statement from both departments indicates. Filed Under: Asylum Title 42.

Change the process to cover more

Biden government proposes measure that will benefit undocumented immigrants seeking asylum
PHOTO: The Associated Press

The proposal in favor of immigrants basically presents the idea of ​​changing the process in the asylum procedures to be able to cover more applications. “It’s both straightforward and potentially a game changer,” said Doris Meissner, former director of the Immigration and Naturalization Service.

Meissner says this “promises a fundamental shift in ensuring meaningful humanitarian protection for those who qualify for asylum, and border control that enables safe, legal and orderly migration at the border with Mexico,” Meissner added. Filed Under: Asylum Title 42.

What is missing for it to be approved?

Biden government proposes measure that will benefit undocumented immigrants seeking asylum
Families waiting to cross the bridge. Photo: SinFronteras

It is still a proposal and since it involves regulation without legislative backing, it needs a 60-day period open for public comment. Those 60 days, before a final proposal is formulated, began last Tuesday, August 18, so it will barely be a month.

According to the independent Transactional Records Access Clearinghouse (TRAC) at Syracuse University in New York, immigration courts accumulated 1,382,463 backlog cases as of July. Filed Under: Asylum Title 42.

DHS announces program that will benefit undocumented immigrants at risk of deportation

USA Honduras asylum agreement
PHOTO: The Associated Press

The Department of Homeland Security (DHS) announces a new program that will benefit those undocumented at risk of deportation. President Biden’s administration has been working to offer them alternatives while they await a resolution of their case.

With this pilot program, undocumented immigrants with deportation proceedings underway will have new alternatives and will also be able to count on legal assistance and more services, the agency said in a statement. Filed Under: Asylum Title 42.

DHS announces program that will benefit undocumented immigrants at risk of deportation

Asylum title 42: DHS will be in charge
PHOTO: MH file

Katherine Culliton González, DHS member and director of the new program, said: “We are excited to partner with non-profit organizations and local governments in this pilot program to improve services for non-citizens in immigration proceedings.”

This initiative, which is called the Alternatives to Detention (ATD) Case Management Pilot Program (CMPP), “will provide voluntary case management and other services to ensure that non-citizens in deportation proceedings have access to legal information and other critical services ”. Filed Under: Asylum Title 42.

Alternatives to detention?

DHS announces program that will benefit undocumented immigrants at risk of deportation
PHOTO The Associated Press

Regarding alternatives to detention, they indicated that “they are an important tool that DHS uses for individuals and families while they await the outcome of immigration proceedings.” Now, this new pilot will complement existing programs that are managed by Immigration and Customs Enforcement (ICE).

“I encourage organizations that work with non-citizens to apply to participate in the National Board of the Case Management Pilot Program and help us make this pilot program a success,” invited Culliton González. Filed Under: Asylum Title 42.

The post Good news: Judge bans the Biden government from expelling migrant families without letting them seek asylum appeared first on Hispanic World.

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