Thread by @ReichlinMelnick

NEW! The criminal bars to asylum proposed in December 2019 are finally here.

The rule will impose sweeping new asylum bans for people convicted of misdemeanor crimes as minor as using a fake ID—something millions of American college students do every day.
public-inspection.federalregister.gov/2020-23159.pdf

The new criminal bars to asylum, which include not only minor misdemeanor crimes, but even situations where an immigration judge "has reason to believe" someone committed domestic violence—even if never arrested or convicted—will go into effect 30 days from tomorrow: November 20.

DHS/EOIR acknowledge that this new asylum bar—based an immigration judge having "reason to believe" an applicant has ever committed domestic battery—doesn't even require an arrest.

Immigration attorneys better prepare for mini trials, and start exercising subpoena authority.

Notably, because the DHS portion of this rule was signed by Chad Wolf, who may *still* not be the lawful Acting Secretary, it's technically possible that the DHS rule could be blocked on those grounds alone.

Under the new asylum rule published today, people who have never even been arrested for a crime, or whose most serious conviction is a misdemeanor use of a fake ID, may find themselves barred from asylum.

The goal is to eliminate asylum for all but the lucky few.

One important clarification about the new bars to asylum rule is that it only applies to asylum applications filed on or after the effective date of the rule, which is November 20.

All pending applications filed before then will not be affected by the rule.