Pittsburgh Post-Gazette

U.S. ends Trump-era asylum rules for victims of violence

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The U.S. government on Wednesday ended two Trump administra­tion policies that made it harder for immigrants fleeing violence to qualify for asylum, especially Central Americans.

Attorney General Merrick Garland issued new instructio­ns to immigratio­n judges to stop following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. He also undid a policy that made it difficult for immigrants to obtain asylum based on threats to a family member.

The moves could make it easier for immigrants to win their cases for humanitari­an protection and were widely celebrated by immigrant advocates.

Mr. Garland said he was making the changes after President Joe Biden ordered his office and the Department of Homeland Security to draft rules addressing complex issues in immigratio­n law about groups of people who should qualify for asylum.

The Biden administra­tion changes come as U.S. immigratio­n authoritie­s have reported unusually high numbers of encounters with migrants on the southern border. In April, border officials reported the highest number of encounters in more than 20 years, although many migrants were repeat crossers who previously had been expelled from the country under pandemicre­lated powers. The number of children crossing the border alone also has hovered at all-time highs.

Many Central Americans arrive on the border fleeing gang violence in their countries. But it isn’t easy to qualify for asylum under U.S. immigratio­n laws, and the Trump-era policies made it that much harder.

More than half of asylum cases decided by the immigratio­n courts in the 2020 fiscal year were denials, according to data from the Department of Justice’s Executive Office for Immigratio­n Review.

In one of the reversals, Mr. Garland restored a 2014 case that defined married women in Guatemala who are unable to leave their relationsh­ip as a group deserving of asylum, a decision that eased the way for other victims of domestic violence.

In another case involving a Mexican man who claimed his father was targeted by a drug cartel, Mr. Garland reversed a decision by former Attorney General William Barr that said such family ties were insufficie­nt grounds for an asylum claim.

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