President Trump Signs Executive Order Restricting Asylum for 90 Days

There is a significant difference between applying for asylum at the border (port of Entry) or while already in the United States.

At the border you must pass a Credible Fear Interview where the officer assesses your grounds for requesting asylum. The risk here is that you will likely be detained while your interview is pending and worse case scenario you may be subject to expedited removal.

Typically you will need to provide some information about yourself like your name, address, occupation and how your circumstances brought you to the border. Once the officer assesses the circumstances of your case you may be released with or without bond.

Although federal law allows immigrants to file for asylum whether or not they entered the U.S legally and/or at a port of entry, if you did not cross into the United States through a Port of entry the President’s order this morning blocks you from applying for Asylum and is in effect for 90 days.

The intended effect is to “channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner,” per the fast track regulation posted on the Federal Register on Thursday. This was done based on the same statute used for the Travel ban, section 212(f) of the Immigration and Nationality Act, that the president can suspend entry of foreigners deemed “detrimental to the interests of the United States.”

Those migrants intercepted outside of a port of entry have some options for relief. You might

  1. apply for withholding of removal
  2. apply for protection under the convention against torture

While legal scholars mount a challenge as this policy moves forward you must take action.

Contact us at Naples Florida based Us Immigration Team PLLC to review your case. We have decades of experience with Asylum cases and will use our knowledge to represent you.