USA TODAY US Edition

Court bolsters asylum appeals

Ruling broadens grounds to protest denials by feds

- Alan Gomez

A federal appeals court in California ruled Thursday that migrants who fail the initial step to qualify for asylum in the U.S. should be able to fully appeal the rejection in U.S. courts.

Under U.S. law, migrants who don’t establish a “credible fear” of returning to their home country – a test by U.S. Citizenshi­p and Immigratio­n Services officers – now can appeal the decision to an immigratio­n judge only on minor, technical grounds. In its decision, the appeals court concluded the law violates decades of judicial rulings granting constituti­onal protection to noncitizen­s.

“The historical and practical impor-

tance of this ruling cannot be overstated,” said ACLU attorney Lee Gelernt. “This decision reaffirms the Constituti­on’s foundation­al principle that individual­s deprived of their liberty must have access to a federal court.”

In the decision, the judges wrote: “We think it obvious that the constituti­onal minimum … is not satisfied by such a scheme.”

The ruling comes as record numbers of migrant families and children, most of them from Central America, try to enter the U.S. to request asylum, and it could give them another avenue to plead their case. And the ruling could add to an immigratio­n court backlog that is already drowning under 800,000 cases with not enough judges to process them.

Immigratio­n judges have been turning down the limited “credible fear” appeals at a far higher rate since President Donald Trump took office. By June 2018, only about 15 percent of applicants who appealed to immigratio­n judges were found to have establishe­d a credible fear, down from about 33 percent for the same month in 2017, according to Syracuse University’s Transactio­nal Records Access Clearingho­use, or TRAC.

Gelernt, who argued the appeal, said migrants who failed their initial asylum hearings are fast-tracked out of the country through “expedited removal” proceeding­s, quickly ending any hope they have of finding safety in the U.S.

With Thursday’s ruling, Gelernt said all rejected asylumseek­ers in the 9th Circuit – which includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington – will immediatel­y be able to request an appeal from a federal judge.

The Justice Department may seek an emergency stay from the Supreme Court, but the department did not immediatel­y respond to questions about its plans.

Thursday’s case involves Vijayakuma­r Thuraissig­iam, a Sri Lankan native who is part of the Tamil ethnic minority group battling for independen­ce for decades. He says he has been kidnapped, beaten, and tortured for supporting a Tamil political candidate.

He crossed the southern border in California in February 2017 and was arrested, then requested asylum. A U.S. Citizenshi­p and Immigratio­n Services agent who found he had not establishe­d a “credible fear” of returning to his home country.

 ?? HERIKA MARTINEZ/AFP/GETTY IMAGES ?? The ruling Thursday affects migrants in California and eight other Western states.
HERIKA MARTINEZ/AFP/GETTY IMAGES The ruling Thursday affects migrants in California and eight other Western states.

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