{"id":629265,"date":"2018-09-25T07:10:39","date_gmt":"2018-09-25T13:10:39","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=629265"},"modified":"2018-09-25T08:43:04","modified_gmt":"2018-09-25T14:43:04","slug":"migrants-get-a-second-chance-at-asylum-but-its-still-an-uphill-battle","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2018\/09\/migrants-get-a-second-chance-at-asylum-but-its-still-an-uphill-battle\/","title":{"rendered":"Migrants get a second chance at asylum, but it\u2019s still &#8216;an uphill battle&#8217;"},"content":{"rendered":"<div id=\"attachment_629269\"  class=\"wp-caption module image alignnone\" style=\"max-width: 771px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-629269\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/09\/F0U1352-771x517.jpg\" alt=\"Immigrants\" width=\"771\" height=\"517\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/09\/F0U1352-771x517.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/09\/F0U1352-336x225.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/09\/F0U1352-768x515.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2018\/09\/F0U1352.jpg 850w\" sizes=\"auto, (max-width: 771px) 100vw, 771px\" \/><p class=\"wp-media-credit\">Ivan Pierre Aguirre \/ for The Texas Tribune<\/p><p class=\"wp-caption-text\">Immigrants arrive at the Casa Vides Annunciation House shelter after being released from U.S. CBP custody on June 24 in El Paso. According to the director of the shelter, all the migrants released today are parents and have been separated from their children.<\/p><\/div>\n<p dir=\"ltr\">Ruby Powers didn&#8217;t rush to celebrate when her client, a Honduran mother who has been separated from her 15-year-old son and detained for four months, passed her second &#8220;credible fear&#8221; interview to restart the asylum process.<\/p>\n<p dir=\"ltr\">Although the president and the American Civil Liberties Union have come to an agreement giving migrant families separated at the border this summer <a href=\"https:\/\/www.texastribune.org\/2018\/09\/13\/hundreds-separated-families-may-get-second-chance-seeking-asylum\/\" target=\"_blank\" rel=\"noopener\">a second chance to make their case<\/a> for staying in the country, immigration lawyers say the Trump administration is still working overtime to upend the <a href=\"https:\/\/www.texastribune.org\/2018\/07\/10\/migrant-families-separated-border-crisis-asylum-seekers-donald-trump\/\" target=\"_blank\" rel=\"noopener\">nation&#8217;s asylum process<\/a>. And while a few hundred people may get a second chance at asylum, there are likely tens of thousands of asylum-seekers who will be subject to a tightened asylum process.<\/p>\n<p dir=\"ltr\">&#8220;It\u2019s infinitely harder on all levels,&#8221; Powers said. &#8220;With the chipping away of the asylum law, it\u2019s an uphill battle to try to get an approval.\u201d<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This article originally appeared in\u00a0<a href=\"https:\/\/www.texastribune.org\/2018\/09\/25\/jeff-sessions-donald-trump-asylum-migrant-parents\/\" target=\"_blank\" rel=\"noopener\">The Texas Tribune<\/a>,\u00a0a nonpartisan, nonprofit media organization that informs Texans and engages with them about public policy, politics, government and statewide issues.<\/p>\n<\/aside>\n<p dir=\"ltr\">The primary source of their unease? U.S. Attorney General Jeff Sessions, who has fought hard to tighten his grip over the asylum process through this summer&#8217;s since-overturned \u201c<a href=\"https:\/\/www.texastribune.org\/2018\/04\/06\/feds-order-border-prosecutors-adopt-zero-tolerance-policy-immigration\/\" target=\"_blank\" rel=\"noopener\">zero tolerance<\/a>\u201d policy that separated migrant parents from their kids; his overt criticism of Trump\u2019s decision to return to \u201c<a href=\"https:\/\/www.texastribune.org\/2017\/10\/18\/cruz-presses-sessions-catch-and-release-policy\/\" target=\"_blank\" rel=\"noopener\">catch and release<\/a>,\u201d where undocumented immigrants are not immediately deported; and his June announcement that removes domestic abuse and gang violence from consideration in most asylum cases. There is also a federal effort afoot to change the <a href=\"https:\/\/www.texastribune.org\/2018\/09\/06\/trump-administration-circumvent-court-limits-detention-child-migrants\/\" target=\"_blank\" rel=\"noopener\">Flores Settlement Agreement<\/a>, which prohibits the federal government from detaining migrant children for longer than 20 days.<\/p>\n<p dir=\"ltr\">As recently as Sept. 18, Sessions said he&#8217;s <a href=\"https:\/\/www.justice.gov\/eoir\/page\/file\/1095056\/download\" target=\"_blank\" rel=\"noopener\">considering reviewing a case <\/a>that would remove immigration judges&#8217; power to release detainees on bond. If reversed, the result could be prolonged detention for immigrants who are awaiting asylum hearings. With a <a href=\"https:\/\/www.texastribune.org\/2018\/04\/04\/immigration-judges-quota-mandate-will-do-more-harm-good-already-clogge\/\" target=\"_blank\" rel=\"noopener\">backlog<\/a> totaling nearly 750,000 cases as of the end of August, asylum-seekers might face months, even years, in detention.<\/p>\n<p>Sessions has called for greater scrutiny of asylum cases, arguing that once asylum-seekers have their &#8220;credible fear&#8221; interview and are released into the United States, they often <a href=\"https:\/\/www.justice.gov\/opa\/speech\/attorney-general-jeff-sessions-delivers-remarks-executive-office-immigration-review\" target=\"_blank\" rel=\"noopener\">&#8220;simply disappear&#8221;<\/a> and fail to show up to their ensuing immigration hearings.<\/p>\n<p dir=\"ltr\">\u201cThe asylum system has been abused for years to the detriment of the rule of law, sound public policy and public safety \u2014 and to the detriment of people with just claims,\u201d Sessions said in a <a href=\"https:\/\/www.justice.gov\/opa\/speech\/attorney-general-sessions-delivers-remarks-largest-class-immigration-judges-history\" target=\"_blank\" rel=\"noopener\">speech<\/a> to immigration judges early this month.<\/p>\n<p dir=\"ltr\">He also cautioned immigration judges to be vigilant of \u201cunjustified and sometimes blatantly fake [asylum] claims.\u201d<\/p>\n<p>\u201cHe\u2019s trying to erode the right to asylum,&#8221; said Liz Willis, a fellow at the Asylum Seeker Advocacy Project, which works to prevent the deportation of migrant families. &#8220;And he\u2019s doing it effectively.\u201d<!--more--><\/p>\n<p dir=\"ltr\">Asylum <a href=\"http:\/\/trac.syr.edu\/immigration\/reports\/491\/\" target=\"_blank\" rel=\"noopener\">denial rates are at a 12-year high<\/a>. According to Syracuse University\u2019s Transactional Records Access Clearinghouse (TRAC), a repository of federal immigration data, more than 61 percent of asylum claims were rejected last year. And fewer individuals are passing the &#8220;credible fear&#8221; interview, one of the initial and most essential steps in the asylum process.<\/p>\n<p dir=\"ltr\">A <a href=\"http:\/\/trac.syr.edu\/immigration\/reports\/523\/\" target=\"_blank\" rel=\"noopener\">July TRAC report<\/a> noted that court findings of credible fear \u201cbegan to plummet\u201d in January 2018. By June of this year, there was a &#8220;credible fear&#8221; finding in only 14.7 percent of cases, down from 32.7 percent in June 2017.<\/p>\n<p dir=\"ltr\">The asylum process was notoriously complicated long before Sessions. \u201cThe interviews are not that long, you don\u2019t get that much time to talk, and sometimes the asylum officers don\u2019t ask follow-up questions that might be helpful for you to understand what you\u2019re supposed to explain and go into detail about,\u201d Willis said.<\/p>\n<p>Separating families under &#8220;zero tolerance&#8221; compounded the trauma, she added, and certainly didn&#8217;t help asylum-seekers in their &#8220;credible fear&#8221; interviews, if they even had them. Many <a href=\"https:\/\/www.texastribune.org\/2018\/09\/13\/hundreds-separated-families-may-get-second-chance-seeking-asylum\/?utm_campaign=trib-social&amp;utm_medium=social&amp;utm_source=facebook&amp;utm_content=1536852761\" target=\"_blank\" rel=\"noopener\">migrants were deported<\/a> before getting the opportunity.<\/p>\n<p>In Powers&#8217; case, the Honduran mother&#8217;s successful second &#8220;credible fear&#8221; interview doesn&#8217;t guarantee a successful asylum case; it&#8217;s merely the first step in a seemingly never-ending process. She&#8217;s still being detained in a detention complex in Pearsall, in South Texas, with no release date. She only found legal representation three weeks ago. And though her son was released to a family member in the United States, she hasn&#8217;t seen him since they were separated.<\/p>\n<p>&#8220;Being detained, being in a fishbowl, being traumatized, not being reunited [with her son], that\u2019s hindering our ability to build the best asylum case that we can,&#8221; Powers said.<\/p>\n<p>Even with a second chance at asylum for separated parents, more hurdles await in the courts. Eleanor Acer, the director of Human Rights First\u2019s Refugee Protection Program, which recruits and trains lawyers to represent migrants pro bono, said there\u2019s worry over <a href=\"https:\/\/www.texastribune.org\/2018\/08\/15\/immigration-judges-report-prosecutors-jeff-sessions-justice-department\/\" target=\"_blank\" rel=\"noopener\">how much influence<\/a> Sessions has on the judges who make asylum decisions.<\/p>\n<p dir=\"ltr\">Sessions\u2019 end goal, Acer believes, is to deter asylum-seekers from coming to the United States, \u201cwhether it\u2019s through criminal prosecutions, or extended detention, or literally now trying to change the law to prevent them from receiving asylum at the end of the day.\u201d<\/p>\n<p dir=\"ltr\">Representatives for the Justice Department declined to comment for this article. But speaking to the immigration judges earlier this month, Sessions cautioned that he expected quick work from their courts, with an emphasis on prosecution.<\/p>\n<p>\u201cAs we work to restore rule of law in our immigration system, we will send a clear message to the world that the lawless practices of the past are over,\u201d he said.<script src=\"https:\/\/cdn.texastribune.org\/pixel\/dot.min.29c708b3d0da5d17a725.js\" integrity=\"sha384-8Xwf\/TlQnmHiajg1t3dn8w4qlF1rmV33o5NAQVXYu0T2q3rHV5579zrSmRjh+XnM\" crossorigin=\"anonymous\" data-tt-canonical=\"https:\/\/www.texastribune.org\/2018\/09\/25\/jeff-sessions-donald-trump-asylum-migrant-parents\/\"><\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Immigration lawyers say the Trump administration is working overtime to upend the nation&#8217;s asylum process.<\/p>\n","protected":false},"author":1,"featured_media":629269,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[140],"class_list":["post-629265","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-border-and-immigration"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/629265","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=629265"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/629265\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/629269"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=629265"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=629265"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=629265"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}