# How Jeff Sessions’ recent decision affects Asylum seekers

- Link: https://www.lumlawgroup.com/jeff-sessions-asylum/
- Published: 2018-05-11T09:30:47-07:00
- Author: Albert J Lum

You may have heard in the news that the current Attorney General, Jeff Sessions,
has been making changes this  year.  As the Attorney General, Sessions has the authority
to refer cases to himself for review and to overturn a decision by the Board of 
Appeals (BIA).  Most recently, [he rendered moot the 2014 BIA decision](https://www.axios.com/ag-sessions-vacates-precedent-of-asylum-0a52e9a4-44a4-4087-a198-77c5ab92a37c.html)
re: **The right to a full hearing for all asylum and withholding of removal applicants.**

This BIA decision upheld a 1989 ruling where hearings were described as “_an essential
aspect of the asylum adjudication process for reasons related to fairness . . . 
and to the integrity of the asylum process itself._” However, the [Honduran asylee later withdrew his application](https://www.washingtonpost.com/local/social-issues/advocates-sessions-decision-to-toss-rule-on-asylum-hearings-endangers-thousands/2018/03/07/24b63b24-2214-11e8-94da-ebf9d112159c_story.html?noredirect=on&utm_term=.49ed7be8ff10)
and appeal due to marriage to a U.S. Citizen, so Sessions has declared the decision
irrelevant (and thereby inapplicable towards future cases).

Where before the Department of Justice (DOJ), Immigration Courts had to allow every
asylee and applicant for withholding of removal to appear in front of a judge with
a fair chance to present their case even if the USCIS officer denied them based 
on their asylum application and interview, now cases viewed as **frivolous** or **
fraudulent** can be **denied** without the opportunity for a full hearing.

###### 󠀁[⌊Immigration Court processing backlog in Los Angeles IC ⌉⌊Immigration Court processing backlog in Los Angeles IC ⌉󠀁[Graph credit: 󠀁[Immigration Backlog Tool](http://trac.syr.edu/phptools/immigration/court_backlog/)󠁿

Sessions made this decision based on the [overwhelming backlog at the Immigration Courts](http://trac.syr.edu/phptools/immigration/court_backlog/),
where cases may remain pending or continued for years on end.  On average, we estimate
that before this year, each asylum applicant from China had about three years to
live and work before their asylum interview, decision, or Notice to Appear (NTA).
Today, new asylum applicants are scheduled for an interview within one month!

### What is a merit-less asylum application?

An application for asylum must meet the following federal requirements in order 
to be[ legally viable](https://www.huffingtonpost.com/entry/sessions-asylum-deportations_us_5aa9729fe4b0600b82ff93b4):

 * a **history of persecution**, or hostilities, based on your race, religion, nationality,
   membership in a particular social group, or political opinion
 * a **well-founded fear of future persecution** or ill-treatment based on your 
   race, religion, nationality, membership in a particular social group, or political
   opinion
 * come from a [country with a government that will not help them](https://www.npr.org/2018/03/12/592823598/attorney-general-jeff-sessions-reshapes-who-qualifies-for-asylum)

###### 󠀁[⌊Immigration Court backlog by nationality⌉⌊Immigration Court backlog by nationality⌉Graph credit: ](http://trac.syr.edu/phptools/immigration/court_backlog/)󠁿󠀁[Immigration Backlog Tool ](http://trac.syr.edu/phptools/immigration/court_backlog/)󠁿

### What does this mean in practice?

 * Asylum applicants who file their applications without assistance from qualified
   legal representation may be at a disadvantage.
 * Asylum applicants should prepare better for their asylum interviews and ensure
   that they have a qualified translator, if necessary.
 * Immigration Court judges can deny an asylum application or application for withholding
   of removal without even seeing the applicant if he or she finds the application
   is without merit.
 * [Refugees who illegally cross the U.S. border and apply for asylum are detained as “criminals”](http://www.sandiegouniontribune.com/news/immigration/sd-me-sessions-visit-20180507-story.html)(
   entering illegally is a misdemeanor while reentry is a felony) and may be denied
   near immediately.

### What else might Sessions change?

 * Sessions is also reviewing a case that granted asylum to a woman suffering from
   domestic abuse.  If the decision is overturned, applicants may not be able to
   qualify for asylum based on domestic violence (also described as “private violence”).