Sessions announces stricter asylum rules for victims of domestic battery, gang violence
12 June, 2018, 04:16 | Author: Lucille Rivera
The woman, who is only identified by her initials, had won an appeal to the Board of Immigration Appeals to overturn a lower immigration court judge´s denial of her asylum petition.
"Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum", Sessions wrote in a policy memo.
The move by Sessions is estimated to impact tens of thousands of people, though exact numbers for asylum seekers who fall under those particular social groups are not knowable because the categories are not tracked individually, said Gilman.
Such a group can not be overly broad or diffuse, Sessions said, overruling a previous asylum decision which accepted married women who are victims of violent relationships as a persecuted group. "But the 'asylum statute is not a general hardship statute, '" he said, citing an earlier immigration case. ´"Unlike the federal judiciary system, the U.S. immigration courts fall under the Justice Department´s jurisdiction, and the attorney general can intervene".
"This administration continues to swiftly deconstruct America's moral code and values by doing everything possible to limit access to asylum". Taking a tough stance on immigration has "become a political tool for the Trump administration to play to a base that's very anti-immigrant and anti-refugee", said Karen Musalo, professor of law at the U.C. Hastings College of the Law and co-counsel in the 2016 case Matter of A-B, the case Sessions reopened to make Monday's move. House votes against reviving tech office MOREannounced the change in policy on Monday, saying the asylum system was being "abused to the detriment of the rule of law".
They said Sessions' decision overturns decades of legal efforts to protect abused women. In this instance, he used a case involving a victim of domestic violence from El Salvador to rule that survivors of such "private" crimes are not eligible for asylum under USA law.
He noted that, for the last five years, only 20 per cent of asylum claims have been found to be meritorious after a hearing before an immigration judge.
"Asylum was never meant to alleviate all problems, even all serious problems, that people face every day all over the world", Sessions said.
Sessions also said it was the "duty" of judges to follow his orders and carry out his interpretation of the law.
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