Policy Update: Two New Final Rules Weaken Access to Immigration Relief

By Admin

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December 11, 2020

Today, the Department of Justice (DOJ) and Department of Homeland Security (DHS) published a new rule that makes sweeping and devastating changes to asylum. This rule would deny the vast majority of asylum-seekers – including survivors of gender-based violence –  the chance to make their case for protection, let alone to have a fair day in court. As ASISTA’s comment to the rule shows, this new asylum rule uniquely harms those fleeing gender-based violence and persecution and ruthlessly diminishes the rights of all asylum seekers to apply for and receive full and fair consideration of their cases. It is scheduled to take effect on January 11, 2021.

In addition, DOJ has also released a new rule, to be published on December 16, 2020 which if implemented will decimate the availability of administrative closure in Immigration Court proceedings.  Administrative closure is a critical docket management tool commonly utilized to ensure that applicants, including survivors, have an opportunity to have their cases decided by the U.S. Citizenship and Immigration Service (USCIS) before their immigration court matter is concluded. ASISTA strongly opposes this rule, which is set to take effect January 15, 2020. 

ASISTA supports the efforts to challenge these new rules, and will stand with our partners to ensure the Biden-Harris administration safeguards due process and paths to safety and security for immigrant survivors of violence.

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