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The Trump administration can further restrict asylum rights



Such a regulation would dramatically change US immigration law and could conflict with domestic law and longstanding international commitments.

The draft regulation was described to CNN at a very early stage and has not yet been submitted to the White House for review. If implemented, it would likely result in immediate legal problems for asylum seekers and lawyers.

A Justice Department spokesman declined to comment.

The proposal was first published by Vox.

The current law allows migrants to apply for asylum at any legal port of entry into the US, as well as between valid ports of entry, where the passage to the US is illegal.

The Immigration and Citizenship Law states that anyone coming to the US "whether or not in a designated port of arrival" can apply for asylum if he or she has a "justified fear of persecution on grounds of race, religion, nationality, Belonging to a particular social group or political opinion ".

Yet Another Part of the bill gives Attorney General Jeff Sessions the leeway to regulate which offenses are "considered crimes," in which case asylum is unavailable.

How exactly is the rule tailored and whether it contains exceptions? Re

But there are also international treaty obligations that require the US to treat asylum seekers in a way that respects international human rights and refugee protection, including non-implementation their ability to apply for asylum.

The UN Convention on Refugees states: "Contracting States shall not prosecute refugees who come directly from an area where their life or liberty has been threatened, as defined in Article 1
, because of their illegal entry or stay remain in their territory without permission, provided that they present themselves to the authorities without delay and show a good reason for their illegal entry or presence. "

However, there is a part of the law that describes asylum as a margin of discretion – something the sessions has already signaled to expand in recent months.

At the beginning of this month, asylum law was redesigned in sessions to make asylum for asylum seekers much more difficult. In his opinion, sessions should suggest that immigration judges might consider factors such as illegal entry into the country to grant their asylum, possibly a roadmap for the new regulation.

Reflections on such an asylum-limitation plan are in line with the views of many Trump officials who, given the fierce backlash against the separation of migrant families at the southwestern border, have emphasized that asylum-seekers should go to valid immigration [19659002] "We have a legitimate system to enter the country as a family and it is not a crime to enter the land at the ports of entry," Sessions said Monday in Nevada.

"We talk about driveways into the deserts, remote areas, dangerous areas, people bringing children," he added. "That should not be like in the United States."

Some experts say that burdening an asylum seeker – especially because many of them have no access to a lawyer and are not granted by the government – could be prohibitive for many.

Sessions has broad power

As Attorney General, Sessions has extensive legal authority over asylum procedures.

His controversial decision earlier this month sets a high standard for victims of domestic violence or gang violence to qualify for asylum.

Not only is the government of the home country unable or unwilling to help the victims, he said, but also "the claimant must show that the government has tolerated private actions or proven inability to sacrifice to protect." [19659021]
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