Thousands of U.S. asylum claims in doubt
after Sessions' decision
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[June 13, 2018]
By Reade Levinson and Kristina Cooke
(Reuters) - New limitations on asylum
imposed by U.S. Attorney General Jeff Sessions could invalidate tens of
thousands of pending claims brought by women, children and men fleeing
violence in their home countries, according to immigration attorneys.
Sessions on Monday overturned a grant of asylum to a Salvadoran woman
whose former husband raped and beat her for 15 years. The decision left
immigration lawyers across the United States grappling with how to
proceed for their clients.
At least 230,000 of the 711,000 cases before U.S. immigration courts
involve asylum petitions from Central America and Mexico, according to a
Reuters analysis of data from the Executive Office for Immigration
Review, which runs U.S. immigration courts.
Attorneys said most claims from this region are based on domestic or
gang violence. Those cases will be far harder - if not impossible - to
win in light of Sessions' decision, they said.
In a case known as the "Matter of A-B," the attorney general revoked a
ruling by the Board of Immigration Appeals that carved out special
protections for domestic violence victims. The decision narrowed who can
qualify for asylum because they were victims of criminal activity, as
opposed to government persecution.
“Generally, claims by aliens pertaining to domestic violence or gang
violence perpetrated by non-governmental actors will not qualify for
asylum,” the nation's top law enforcement officer wrote.
Sessions' action has left immigration lawyers uncertain about the next
steps for their cases.
In Albuquerque, New Mexico, immigration lawyer Rebecca Kitson said she
had about six cases pending that were now in doubt.
One involves a teenager whose father, a minister in El Salvador who
traveled between gang territories, was gunned down and died in his arms,
she said. The gangs then targeted the boy.
"Can't change that they are based on gang violence," Kitson said. "The
plan is to keep fighting and hope that appeals and the federal courts
will sort it out."
Sessions' decision applies to immigration courts and the Board of
Immigration Appeals, which are overseen by the attorney general.
Decisions can ultimately be appealed to federal appellate courts, which
operate independently, and immigration attorneys say challenges are
likely.
Asylum law requires that claims be evaluated on a case-by-case basis.
Immigrants fleeing domestic and other violence can still seek relief if
they can show their persecution was based on race, religion,
nationality, political opinion or membership in a "particular social
group." But the ruling narrowed the definition of what that term means.
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U.S. Attorney General Jeff Sessions waits to deliver remarks at the
National Law Enforcement Officers Memorial Fund’s 30th annual
candlelight vigil in Washington, U.S., May 13, 2018. REUTERS/Joshua
Roberts
Previously, for example, some married women who could not leave
abusive husbands were considered a "particular social group." But
Sessions' decision tossed that definition.
Those with pending cases can amend the basis of their claim while
still before an immigration court, though not at the appeals stage.
But immigration attorneys say the decision closes off an avenue for
relief to some of the most vulnerable immigrants.
At the Dilley, Texas, federal family detention center, the vast
majority of the more than 13,000 families served by a legal services
project in 2017 were fleeing domestic violence, gang violence or
both, according to Royce Murray, policy director at the American
Immigration Council. The council is a partner in the project.
In Boston, immigration attorney Matt Cameron said his office has a
hearing scheduled on Thursday for a woman who endured years of
physical violence from the father of her children. He said the case
would have had a strong likelihood of success - before the Sessions
decision.
“This person had been through a lot of counseling, a lot of
preparation. ... It took a long time to get her to the point where
she could actually talk about it,” he said. “Now you have to tell
them they don’t even have a case anymore.”
Sessions has vowed to reduce the court backlog, which reached
711,000 pending immigration cases in May. A Department of Justice
spokesman said Monday’s decision will allow cases “to be more
effectively and quickly adjudicated.”
(This story corrects "class" to "group" in 12th paragraph, "women
and children" to "families" and "2017 fiscal year" to "2017" in 15th
paragraph.)
(Reporting by Reade Levinson in New York and Kristina Cooke in San
Francisco; editing by Sue Horton and Jonathan Oatis)
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