New Final Rule Impacts Asylum Seekers, Barring Entry Based on Criminal Records
New Final Rule Impacts Asylum Seekers, Barring Entry Based on Criminal Records
Asylum seekers may have more trouble getting into the United States in the near future, at least if they have a criminal record. On Wednesday, October 21, the Department of Homeland Security and the Department of Justice published the “Final Rule” that establishes the new guidelines, though it will still be another 30 days from that date until it takes effect.
Those seeking asylum are immigrants who, like refugees, often strive to escape upheaval, persecution and potential physical harm in their home countries. The difference is largely that asylum seekers are already at the border and attempting to enter the country, or they have already done so, when asking to be granted status. Refugees, on the other hand, first obtain refugee status in remote camps and then make the trip to the United States when cleared and selected to do so. The rules for this process are laid out in section 208 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1158.
The INA has always restricted asylum seekers with certain backgrounds or those who fit within specific categories, and it also gives the power to create further restrictions to the Secretary of Homeland Security and the Attorney General. The stipulation is simply that that new regulations align consistently with the initial Act. The worry is that those with a problematic criminal history could then enter the United States, potentially abusing those benefits, when they would be better extended to those without such a background.
To continue this process, new bars have now been established, and those who would become ineligible for asylum include individuals with legal convictions — and being convicted is a key factor here in most, though not all, of these cases — on charges of:
Felony violations at the state or the federal level
Smuggling other illegal aliens over the border or harboring them
Illegally reentering the country after being deported or removed
Driving a vehicle while intoxicated, with the substance not specified (i.e., alcohol or illegal drugs)
Participating in activity that is classified as that of a street gang
Engaging in domestic violence
Allegations of domestic cruelty, with or without a conviction, if an adjudicator classifies it as extreme
It is important to note that some domestic violence allegations will not require a conviction to result in barring an individual status as an asylee, even when not defined as extreme. This gives new weight to these allegations of abuse.