Call us today for help! (206) 292-5237

White House Issues Presidential Memorandum Ordering New Restrictions on Asylum Seekers

President Trump issued a memo yesterday proposing sweeping restrictions on asylum seekers at the Mexican border. Chief among these restrictions and changes are charging fees for asylum applications, barring those who entered or attempted to enter the U.S. unlawfully from employment authorization until their asylum application has been granted, and ensuring adjudication of asylum applications within 180 days of filing. The full text of the memorandum can be found here.

 

Relevant portions copied from the memo:

 

Sec. 3. Further Steps to Enhance the Integrity and Efficiency of the Existing Asylum System. Within 90 days of the date of this memorandum, the Attorney General and the Secretary of Homeland Security, as applicable, shall take all appropriate actions to:

(a) propose regulations to ensure that aliens who receive positive fear determinations pursuant to section 235(b)(1) of the Immigration and Nationality Act (INA) (8 U.S.C. 1225(b)(1)) or section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) are placed in proceedings conducted under 8 CFR 208.2(c)(1) and 1208.2(c)(1) or, if not eligible for asylum, are placed in proceedings conducted under 8 CFR 208.2(c)(2) and 1208.2(c)(2);

(b) propose regulations to ensure that, absent exceptional circumstances, all asylum applications adjudicated in immigration court proceedings receive final administrative adjudication, not including administrative appeal, within 180 days of filing, in accordance with section 208(d)(5)(A)(iii) of the INA (8 U.S.C. 1158(d)(5)(A)(iii));

(c) propose regulations setting a fee for an asylum application not to exceed the costs of adjudicating the
application, as authorized by section 208(d)(3) of the INA (8 U.S.C. 1158(d)(3)) and other applicable statutes, and setting a fee  for an initial application for employment authorization for the period an asylum claim is pending; and

(d) propose regulations under section 208(d)(2) of the INA (8 U.S.C. 1158(d)(2)) and other applicable statutes to bar aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization before any applicable application for relief or protection from removal has been granted, and to ensure immediate revocation of employment authorization for aliens who are denied asylum or become subject to a final order of removal.

 

 

**Copyright 2019 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.