The Department of Justice is proposing a regulation that will make it even harder to file for political asylum. Here’s my quick rundown of what the rule intends to do. 1
The rule applies to individuals who are in immigration proceedings in front of an immigration judge. The rule is getting a lot of criticism and I’ll retweet some of those in a bit. But here’s roughly what it does. 2
Adds a 15-day deadline from the date of the alien’s first hearing to file an application for asylum or withholding of removal if the person is in an asylum or withholding of removal process. Extensions for good cause are permitted. 3
Aliens would be permitted to amend or supplement the application later if a judge permits. 4
2.A Form I-589 if it does not include a response to each question, is unsigned, or lacks required supporting evidence described in the form and instructions. If a form is incomplete, the accrual of time for an employment authorization document does not begin. 5
The application will be deemed complete if the court doesn’t return it within 30 days. If it is returned as incomplete, applicants will have 30 days to resubmit or the application will be deemed abandoned. 6
Any required filing fee must be submitted at the time of filing. This is based on the implementation of the fee rule set to take effect in October 2020, but which is being challenged in the courts. 7
Immigration judges may submit evidence into the record and consider the evidence as long as the judge has provided a copy to both parties. 8
The proposed rule restricts continuances beyond 180 days. Applicants must show good cause. Judges are restricted in extending deadlines beyond 180 days. 9
@ReichlinMelnick has had some pretty good insights into why this rule will be so harsh.
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