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New Canaan refugee and asylum lawyerThe Department of Homeland Security (DHS) has begun the enforcement of a new rule for refugees and asylum seekers hoping to gain entry into the United States. The new rule requires that those seeking refugee status in the United States must first seek it in a third country before entering the United States. For example, an individual fleeing Guatemala must seek U.S. asylum in another country such as El Salvador, Mexico, or Honduras. This typically is done through petitioning the U.S. embassy in that country or another American government institution there. The DHS explained that the reason for this new rule is due to the sudden rise of asylum requests on the southern American border, which has caused Immigration and Customs Enforcement (ICE) detainment centers to become overcrowded. The DHS issued this rule as a part of an effort to bring much-needed relief to the system. Additionally, the DHS stated the new standard for asylum seekers is reflective of international laws regarding refugees. 

Why Is the New New Rule Facing Criticism?

Many civil rights groups in the United States disagree with this new ruling. The American Civil Liberties Union (ACLU) has filed a lawsuit against the department claiming that such a rule is unlawful. Others have suggested that the refugee seeking asylum might be returned to the country from which he or she is fleeing by the government of the country in which he or she is living while waiting for the petition to be processed.

The new rule by the DHS is a part of the White House’s broader policy to reduce the amount of illegal, and legal, immigrants gaining access through the southern border. In the past year, not only have individuals from South and Central American Countries come to the U.S. border claiming asylum, but individuals from India and African countries have done so as well. The supporters of the new rule say that it is a necessary national security measure.

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Stamford immigration attorney asylum

The United States and Mexico have come to an agreement regarding the flux of asylum seekers from South American countries to the United States. Last week, American and Mexican diplomats settled on a deal known as the “Stay-in-Mexico” agreement, which states that migrants who are seeking asylum in the United States will remain in Mexico while awaiting their hearing in U.S. immigration courts. During their stay in Mexico, immigrants will have access to jobs, healthcare, and education. The agreement came about after the United States threatened to impose tariffs on Mexican goods.

The Background of the Deal

Immigration has exploded over the last several months, putting added stress on immigration facilities in the United States. In response, the United States requested that Mexico share the burden and provide facilities on its sovereign soil for the migrants while they await their asylum hearing. Additionally, the United States demanded that Mexico observe international law that required asylum seekers to seek asylum in the first country they enter after leaving the land they were fleeing. Initially, Mexico provided some support, but when the caravans of migrants began to increase, the United States threatened its southern neighbor with tariffs. These tariffs would increase each month if they did not take more drastic measures. Last week, U.S. and Mexican diplomats met in Washington, D.C. where productive talks were held, and a resolution to the tensions was solidified.

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Stamford immigration asylum lawyer

In the upcoming Supreme Court case Hernandez v. Mesa, the high court will determine whether asylum seekers have Fourth Amendment protections. What makes this case particularly interesting is that it involves a federal agent causing harm to an asylum seeker while the asylum seeker was in another country. If SCOTUS rules in favor of the plaintiff, then asylum seekers will be granted additional legal protection. However, such a ruling could also negatively impact the ability of immigration enforcement offers to maintain order.

The Background of the Case

In 2010, a United States border agent shot and killed a 15-year-old asylum seeker. The incident occurred while the border agent was on the United States side, and the asylum seeker was on the Mexican side of the border. According to the agent, the 15-year-old was throwing rocks at him and his fellow agents to distract them from a smuggling operation. Feeling threatened, the agent fired his weapon and unfortunately struck the asylum seeker. The boy’s family, on the other hand, claim that their child was playing a game with his friends of running up to the border fence then running back. Regardless of whether this situation was self-defense or a mistake, the loss of young life is tragic.

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Stamford, CT immigration lawyers

Each year, thousands of asylum seekers come to the United States to seek refuge due to danger in their native country. The U.S. has traditionally been seen as a haven for those fleeing victimization. However, the process of seeking asylum is complicated. Applications are often denied by U.S. Citizens and Immigration Services (USCIS), forcing them to go through what is known as defensive asylum processing with the Executive Office of Immigration Review.

Regardless of what immigration method is chosen when attempting to immigrate to the United States, you want to enlist the services of a dedicated immigration lawyer you can trust. Skilled legal guidance is essential in navigating the difficult and time-consuming processes in place, and the barriers that can serve as a deterrent.

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New Canaan asylum application lawyerYou may be granted asylum in the United States if you have suffered persecution in your home country due to your race, nationality, religion, political opinions, or membership in a certain social group, or if you have a “credible fear” of such persecution if you return to your home country.

U.S. Citizenship and Immigration Services (USCIS) makes a distinction between the terms asylee and refugee. If you are applying for asylum from within the U.S. or at a port of entry, USCIS considers you an asylee or asylum seeker. If you apply from a location abroad, you are considered a refugee applying for admission. This article will only address the issues of asylum seekers.

How a Person in the U.S. Can Apply for Asylum 

If you have already entered the United States, you may be allowed to remain if you meet the criteria for asylum and are deemed admissible to the U.S. You must file Form I-589, Application for Asylum and for Withholding of Removal, within one year after entering the U.S. The assistance of an experienced immigration attorney is recommended, because even a minor error in your application can result in processing delays or outright denial of your request for asylum.

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