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District Court Stops Implementation Of New Regulation That Will Make Asylum Almost Impossible

District Court Stops Implementation of New Regulation that Will Make Asylum Almost Impossible

On December 11, 2020, the Trump Administration finalized a regulation (rule, 85 FR 80274) that would have drastically changed the United States asylum system. The rule was to become effective on January 15, 2021,and would have created the following devastating results for asylum seekers:

  • Deny protection to nearly all who pass through more than one country on their way to the United States,
  • Create additional burdens to passing a preliminary screening at the border,
  • Remove several long-established grounds for granting asylum, and
  • Allow immigration judges to deny asylum seekers their day in court by rejecting applications without a hearing.

Opponents of the new regulation feared that the new rules would make it almost impossible for asylum seekers to obtain protection at our borders and/or achieve a favorable outcome with respect to their asylum application. Consequently, on February 8, 2021, several agencies jointly filed a lawsuit against the government to halt the implementation of the new regulation. In response, the judge granted a temporary restraining order and preliminary injunction halting the implementation of the regulation until a final decision is reached in the case. (NIJC v. EOIR, 1/14/21)

We will continue to keep you updated on the outcome of this important case with respect to asylum. If you have any questions about asylum or any other immigration matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys can address your concerns and advise you of the proper course of action.

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