The Trump administration is seeking to block immigrants convicted of drunk driving, domestic violence, or a gang-related crime from qualifying for asylum protection under a proposed new rule.
The Immigration and Nationality Act already bars certain categories of immigrants from receiving asylum, such as those who were involved in the persecution of others, convicted of particularly serious crimes, or involved in terrorist activity.
The proposed rule adds an extra seven categories of crimes that would make immigrants ineligible from receiving protection in the United States. Some of the crimes include a felony under federal or state law, alien smuggling, illegal re-entry, and other misdemeanors. The proposal will still need to go through a public commenting period—which will end on Jan. 21 next year—before it can be implemented.
The rule is widely viewed as another move by the Trump administration to control the number of asylum applications at the southern border. The United States saw an unprecedented number of illegal immigrants crossing the border into the country at the southern border earlier in the year, which garnered significant attention. The influx of illegal immigrants who traveled through Mexico from Central America had overwhelmed border facilities, resources, and the immigration system.
The proposed rule would also remove the requirement to reconsider a discretionary denial of asylum. The departments say this would make immigration courts more efficient and reduce any cost related to the increased adjudication time as it will no longer require a second review of the same application by the same judge.
This comes after the U.S. Citizenship and Immigration Services (USCIS) announced a new policy guidance that would implement two decisions issued by Attorney General William Barr in October that would impact immigration determinations.
