Asylum seekers who manifest a credible fear not eligible for bail



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PHOENIX (AP) – Detained asylum seekers who have shown that they have a credible fear of returning to their country will no longer be able to ask a judge to grant them a bond.

The Attorney General of the United States, William Barr, decided on Tuesday that asylum seekers who had an interview with a "credible fear" and risked being dismissed, are not entitled to Be released on bail by a judge of an immigration court as long as their case is pending. The Attorney General has the power to overturn the decisions rendered by immigration courts, which fall under the jurisdiction of the Ministry of Justice.

This is Barr's first immigration decision since taking office. The American Civil Liberties Union said Tuesday night that the plan was unconstitutional and that it was considering suing.

As a general rule, an asylum seeker who crosses several points of entry would have the right to ask a judge to give them a bond for release. Under the new decision, they will have to wait in detention until their case is heard.

"There will be many, many people who will not even have the opportunity to apply for their release now," said Gregory Chen, director of government relations for the American Immigration Lawyers Association. Chen said that about 90 percent of asylum seekers were successful in their maintenance of credible fear, the first step of the asylum application.

The decision does not affect asylum-seeking families as they can not usually be held for more than 20 days. This does not apply to unaccompanied minors either.

Barr's decision comes into effect in 90 days and comes amid a frustrating period for the administration as the number of border workers exploded. Most of them are families from Central America who are fleeing violence and poverty. Many seek asylum.

In total, 161,000 asylum applications were filed in the last fiscal year and 46,000 in the first quarter of 2019, according to the Immigration Regulatory Bureau, which oversees the courts of the United States. immigration.

Sarah Pierce, Policy Analyst for the Migration Policy Institute, said the number of decisions issued by immigration judges that the administration of President Donald Trump has referred to itself for review is unprecedented. The administration – under Barr and former Attorney General Jeff Sessions – has reviewed a total of 10 immigration decisions. This is four times less than the total mandate of President Barack Obama and nine years under George W. Bush.

"This has been an unprecedented use of power to influence the immigration system," Pierce said.

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