Facebook Live! Asylum Law Changes

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TOPIC: Attorney Kate talks about positive changes in asylum law and how to successfully pass a credible fear interview. (855) 502-0555

Discussing The Karnes Detention Center

I’m here giving advice and guidance to those detained seeking asylum. I wanted to share with you some changes in asylum law, especially for Central Americans.

In July, Attorney General Jeff Sessions made a decision on an appeal in immigration courts stating that victims of private domestic violence, like extortion, would not qualify for asylum. This was a major change in asylum law.

Since then, it has been very difficult for Central Americans to pass a credible fear interview.

The process is that when someone comes to request asylum at the border or crosses the river and is detained, they must pass a credible fear interview in order to be released from detention and fight their case in front of an immigration judge, providing testimony, evidence, and all necessary proof.

Since July, the majority of Central Americans have been receiving negative results because they were victims of domestic violence (most of them), not victims of their government.

But a month ago, in December, the Federal Court in Washington D.C. said that the Attorney General’s decision was not legal, and that he could not generally declare that victims of domestic violence cannot qualify for asylum. So now, the law is back to what it was before.

In asylum law, one must prove they have been a victim of violence for a protected reason, which could be their race, religion, political opinion, nationality, or social group. For Central Americans, the most common reason is being part of a social group, which could include, for example, family members of someone who has been murdered. For instance, if gangs want to kill the entire family, the protected social group is that person’s family.

A social group could also be someone who witnessed a crime or reported it to the police, and due to that action, now faces a greater risk. It could also be due to having a political opinion—a somewhat common ground in asylum law for Central Americans.

For example, if someone was part of a group or elected as a leader of a group that tried to protect community members from gang violence, this could be considered a political opinion or a social group.

If you have questions about your relatives or asylum cases, give us a call!

Usually, these cases are private, so talk to us or someone you trust about your case to understand the process and if you can pass your interview.

There’s also a way to apply for asylum for those who entered with visas or were detained, but one should carefully consider before submitting an asylum application because it starts a process with immigration officials. You should be confident about winning your case before providing your information, in my opinion.

Thank you for watching this video and for sharing this information with your friends and family. Have a great weekend!!

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