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Lawsuit alleges unfair denial of asylum

On Behalf of | Sep 27, 2019 | Immigration |

Florida residents who have been following immigration developments may have seen that a lawsuit filed on Sept.16th involves mothers and children from nearly 60 families who are suing the Trump Administration over changes in asylum laws. This suit claims that the Trump administration enacted changes to the asylum rule without warning and that, as a result, asylum seekers have been barred entry to the country unfairly. Asylum seekers were allegedly not told which standards would apply to their individual cases, which led to higher rates of rejection.

Previous lawsuits aimed to target the law itself, which states that asylum may be denied if those seeking it did not first seek safety in another country they traveled through. For example, a person who travels from Guatemala to the U.S. border must first seek safety in Mexico. The rule change has resulted in a virtual asylum ban at the border.

The 126 mothers and children filing the suit are mostly from El Salvador, Guatemala, and Honduras. Their asylum applications were denied in Texas in the early stages of the application process. The plaintiff’s main attorney states that the ban has been implemented unlawfully and ensures that migrants don’t even get a chance to seek asylum. He also states that there is ‘no rhyme or reason” to the current legal procedures.

Those who are seeking asylum in the U.S. may find that they have been unfairly denied or that laws have changed rapidly, holding up their applications and causing confusion. For those in such situations, an immigration attorney could help to answer questions, complete the necessary documentation, and determine what the next steps are. If necessary, the attorney may also represent asylum seekers in legal proceedings.