President Trump, known for his strict border policies, has returned to the White House. What impact will his return have on new immigrants applying for asylum? At a lecture hosted by immigration lawyer Chen Chuang-chuang in Los Angeles, analysis was given on the potential changes and effects on asylum policies for the upcoming year.
Chen pointed out during the recent lecture that with Trump’s presidency and the Republican control of the Senate, along with maintaining the majority in the House of Representatives, the previously stalled “Border Act of 2024 (S.4361)” will most likely be amended and passed as early as January, or possibly in February or March without much opposition.
According to Chen, this law is expected to be very strict. He stated, “We firmly believe that with Republican leadership under Trump, there will be revisions to the law affecting new entrants thereafter.” Chen further explained that those who have already applied for asylum in the U.S. need not worry, but for those who have not yet applied or whose legal status has expired, this will be a very stringent policy.
The key points of the “Border Act” include:
– Asylum seekers must enter the U.S. through designated legal ports in order to apply. However, exceptions are made for those intercepted by the U.S. government at sea and brought to the country to seek asylum.
– There are restrictions added to this provision: if applicants have passed through a third country, they must have already applied for asylum there and been rejected. Exceptions are made for those who have been severe victims of human trafficking (such as involving sexual violence) in the third country, or whose documents were confiscated and forced into labor upon entering the U.S., who can still apply for asylum.
Chen emphasized the severity of this provision. However, individuals who are already in the U.S. are not bound by the new law due to the principle of non-retroactivity.
The new law will significantly raise the difficulty of passing “credible fear interviews”. Previously, applicants needed only to show a 10% likelihood of persecution in their home country to pass; under the Biden administration, a more substantial likelihood (around 30%) was required, but after the new law, the estimated likelihood of persecution must be over 50%, making it challenging to meet.
The scope of expedited removal will be expanded. Previously applicable mainly to those who had been in the U.S. for less than two years, failed the credible fear interview, or had expired status for over two years, under the new law, Chen estimated that living in the U.S. with expired status or entering illegally would make one eligible for expedited removal.
Work permit validity will be shortened, and application conditions will become stricter under the new law. The backlog of asylum applications at USCIS stands at 1.5 million, with over a million cases pending in immigration courts. Anyone with a pending asylum application for over six months can apply for a work permit currently.
Chen anticipates that under the new law, the validity of work permits for new applicants or for renewals will be reduced to six months, and only legal entrants will be eligible for C8 work permits; border crossers, even during their asylum application, will not be able to obtain work permits.
Additionally, the new law establishes new thresholds for two categories of asylum applicants who have violated the law: those who have caused death by drunk driving and those who have failed to file taxes will no longer be eligible for asylum.
Chen also highlighted that the new law will enforce stricter penalties for visa overstays: overstayers will be penalized similar to illegal entrants, with the first offense possibly resulting in fines ranging from $500 to $1000, along with imprisonment of up to six months; subsequent offenses will incur heavier fines and longer jail time.