Even as President Trump downplayed Given the threat posed by COVID-19, the Trump administration is using the pandemic as an excuse to exclude more people in the US from asylum. While the proposal is currently tied to the corona virus, this asylum ban could persist long after the current national crisis has ended.
Who would be exposed to the new asylum law?
Under a proposed rule The Trump administration, released on July 9, would deprive anyone who comes from or goes to countries where COVID-19 is prevalent. The rule would also apply to all other “infectious diseases” designated by the US government. Asylum seekers would also not be entitled to a lower form of protection, known as “reluctance to deport”.
Such people would now be seen as “a threat to the security of the United States”, which would trigger an asylum ban and hold back under immigration laws.
Has this bar been used for other diseases?
This new rule would break with previous administrations. In 2005 Attorney General John Ashcroft held that the national security barrier related to risks to “the defense, foreign relations, or economic interests of the nation”. Congress linked the national security bar to people involved in terrorist activities.
Now the Trump administration wants to deny people asylum protection just because they come from countries like the United States where COVID-19 is common.
There is no precedent for Congress or administration that sets the national safety limit for communicable diseases. In fact, the Immigration Act already contains restrictions on immigration due to public health. However, these restrictions were never seen as national security concerns.
And the rule would not be limited to the current pandemic. The proposed rule broadly covers all “communicable diseases of public health concern”.
That’s not all. Although the rule would not rule out claims for people who could be at risk of torture if they were deported, the rule would make it easier for the government to deport them themselves.
How does the new bar affect asylum seekers at the border?
The new regulation would also affect credible fear interviews, which are first asylum examinations for asylum seekers that “accelerated distance. “This rapid deportation process enables low-ranking immigration officials to issue deportation orders.
However, people who fear persecution or torture are entitled to an interview with “credible fear”. If an immigration officer finds that the person’s fear is credible, he is entitled to a full hearing with an immigration judge. The standard for these screening interviews is said to be low to ensure that the government does not incorrectly deport a person to a life-threatening situation.
Under the proposed rule, asylum seekers who are subject to the expanded national security barrier would not pass these credible fear interviews. You would still be able to apply for protection under the Convention Against Torture (CAT), which requires evidence that a person is most likely to be tortured in the country to which they are deported.
But now in their first screening interview they would have to meet the much higher standard for CAT protection. This is an almost impossible task for newcomers. Many are still recovering from a new trauma that is unfamiliar with U.S. immigration laws and generally has no lawyer.
And even if An asylum seeker can meet this high standard. The proposed regulation allows immigration officials to deport that person to a third country without fully hearing them before an immigration judge.
The proposed rule is cruel, but also unnecessary. The government has already been effective close the US border to asylum seekers in response to the pandemic.
Instead, this new rule provides another example of the Trump administration, which is using the pandemic as an excuse to advance its nativist agenda. During Trump openly disregarded According to the federal guidelines for combating the pandemic, it uses the same guidelines as a justification for refusing to protect people who flee from harm.
SUBMITTED TO: covid-19
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