Title 42 is a public health measure implemented at the beginning of the pandemic by the Centers for Disease Control and Prevention, the CDC, which, to prevent the spread of the coronavirus, allowed asylum seekers to be deported directly from the country. United State.
Immigration attorney Hector Benitez recalls in statements he made to The Voice of America.
It is not a simple or quick process
As of May 23, this measure will be removed. At that time, people seeking asylum in the United States will be able to do so. It’s not a quick or easy process, says Thomas Kennedy, executive director of the Florida Immigrants Alliance (FLIC).
It is a rigorous process. People are strictly forbidden and that does not mean that the borders are open. This means that people have the right to process. It’s just that,” he warns.
Starting now, people will be able to apply to an immigration agent for asylum when they enter the United States border entry port.
Usually the first step is a credible fear interview. “It’s supposed to be some sort of pre-screening or initial review to see if you have the conditions to be considered for potential asylum,” Benitez says.
From address 42 to address 8
Asylum laws have not changed during the pandemic. But now it is back to the previous scenario of the health crisis. This is Title 8, which obliges authorities to follow regulations on asylum application processes.
Kennedy, a pro-immigrant activist, asserts that “the only thing this means is that the United States will follow its own laws regarding the asylum process and it will give people a chance.”
The decision to grant asylum or not depends largely on the court and the judge dealing with it. 60% of judges have an asylum refusal rate of 70% or higher.
“It can vary a lot depending on the person who touched you. A lot depends on your credible fear interview and whether you can demonstrate that there is an advantage in terms of your persecution or peril in your own country.”
What countries benefit the most from asylum awards?
Of course, it should be borne in mind that the nationality of the applicants can also be a determining factor when it comes to successfully adjudicating an asylum case.
“Among the countries that benefit the most right now in terms of adjudication of asylum cases are certainly Venezuela and Nicaragua, but we also see how other countries that are in really serious conflict situations, like Haiti or Cuba, and now perhaps in the case of Colombia, They have already worrying or low rates of approval of asylum on the basis of nationality,” notes the lawyer. The Voice of America.
What should be considered when applying for asylum?
During the process, the authorities review whether this reasonable fear still exists, the level of severity of that persecution and whether or not the applicant has the possibility to move to another country. But there are other things to consider as well.
“The first thing the immigration officer notices is that it’s a very subjective interview and notes the sequence of your answers and that there are no inconsistencies between what you started to say with what you said in your written statement,” Benitez adds.
What if the application is rejected?
Petitioners can remain in the country pending a decision. The application was rejected before the Immigration Service, you can still appeal. But if the case has already been taken to court, there is no room for movement.
“If she is already in immigration court, on a defensive asylum application, and your case is not approved, you will end up with a deportation order,” he says.
Likewise, if you do not meet the requirements, these people can also be deported immediately. Experts say the best thing is to consult an immigration attorney before making any decision.
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