William Barr's legal startling opinion could doom thousands of asylum-seekers.



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Protesters march and carry signs decrying the Trump administration's family separation policy.

People demonstrate in D.C. on June 28, 2018, demanding an end to the separation of migrant children from their parents.

Nicholas Kamm / AFP / Getty Images

On Wednesday, Attorney General William Barr issued a decision in the case of an Indian asylum-seeker who asked for a review of immigration. In his ruling, Barr held that not only was the asylum-seeker not entitled to a lower bond, but he was not entitled to a bond at all. The decision, which could result in a countless asylum-seekers being denied bond, would most likely require them to be held in detention for the entirety of their cases. The trump administration's latest approach to asylum is not only inefficient and cruel, but seems to be designed to ensure greater access to asylum seekers in front of the immigration courts.

In practice, Barr 's decision means that the asylum seekers are in the process of being caught up in a state of criminal law. of squalid, inaccessible immigration detention centers spread throughout the United States.

For now, only those who will be in the family will be detained from the mandatory detention, as the Flores Settlement Agreement currently prevents the government from detaining children. But even if this is small, it is likely that it will be necessary to make the decision to allow it to be so called "binary choice" in which parents would be forced to decide between themselves and their children. This case is resolved or agreed to be separated from their children by the parent detained and the child released.

This means that more asylum-seekers could be made to rotting food, inadequate medical care, sexual assault, overcrowding, and forced labor when they attempted to fight for their right to remain in the United States. Conditions in the facilities are so horrifying that they are common for asylum seekers to give up and request deportation to escape the abuse they face up locked in the United States. This is undoubtedly considered by the Trump administration, which is doing everything in its power to prevent asylum-seekers from coming to the United States.

One other less obvious benefit for the Trump administration is that the most asylum-seekers detained will force many to appear in front of some of the harshest immigration judges in the country, many who have less than a 4 percent grant rate when it comes to asylum boxes. In general, only 34 percent of decisions in 2018 resulted in a grant of asylum. Denials are at an all-time high. But these numbers obscure the reality for asylum-seekers who are forced to fight their cases of detention, where lack of access to justice above 90 percent.

Take, for example, Lumpkin, Georgia. Lumpkin is home to the Stewart Detention Center, a privately run jail with the capacity to hold more than a thousand people. Located more than 150 miles from Atlanta, Lumpkin has almost no legal infrastructure to serve detained asylum-seekers. Most asylum-seekers in Lumpkin have no chance of finding a lawyer to help them fight their cases.

In fact, the location of many detention centers makes finding representation exceedingly tricky. A detention facility in Gadsden, Alabama, is more than 400 miles from the nearest legal aid services, which are in Louisiana. The West Texas Detention Center in Sierra Blanca, Texas, is more than 80 miles from El Paso. The San Luis Regional Detention Center in San Luis, Arizona, is almost 300 miles from the closest legal aid providers. The largest family detention center, the South Texas Family Residential Center, is more than 70 miles from San Antonio.

And having a lawyer makes a difference: Detained immigrants with attorneys are more likely to succeed in their cases. Whereas almost two-thirds of nondetained immigrants are able to find and retain a lawyer, only 14 percent of attained immigrants are represented by an attorney. This leaves most of them, and sometimes even the right to do so, and sometimes even to access their own language.

For many, asylum denials have devastating consequences.

Pro is It is risky in the best of circumstance, and it can be almost completely unhealthy for the country. In Lumpkin, for example, the three immigration judges serving the Detention Center had an average of 93.5 percent denial rate for asylum cases. Judges presiding over cases at the El Paso Court Immigration deny cases 92.6 percent of the time. At the Adelanto Immigration Court, which is two hours away from Los Angeles, 86.1 percent of the time. Most of these cases were presented pro se, without the help of a lawyer.

Meanwhile, a nondethan asylum-seeker in Chicago has almost 50 percent chance of winning and is much more likely to be able to secure representation.

For many, asylum denials have devastating consequences. Deportation leads to permanent family separation, as deportees leave behind U.S. citizen children, spouses, and extended family. People of the United States are also frequently at a heightened risk for violence and extortion. In the worst cases, deportation is a literal death sentence.

Barr's decision to detain all asylum-seekers is not just about a plain reading of statutory language, but he asserts in his opinion. It does not matter how dangerous it is, it does not matter how expensive, dangerous, or cruel.

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