JERSEY CITY and NEWARK. In June, the New York Times reported that Attorney General Jeff Sessions made it impossible for individuals to claim domestic violence or gang violence as a reason to seek or claim asylum. Slate reports that a federal judge recently struck down these Justice Department regulations. The judge ruled that any major changes to federal immigration law must first be passed through Congress, and any attempt to unilaterally change the law will be struck down by the courts.
In 2014, a court ruling found that women who faced domestic violence who are not able to divorce or who are not protected by police were ruled a protected group under U.S. asylum laws. U.S. Attorney General Jeff Sessions attempted to overturn the ruling. However, the federal judge found that victims of gang and domestic violence have a right to be heard and a right to receive protection under asylum laws in the U.S.
Under U.S. law, individuals who enter the U.S. seeking asylum are entitled to “credible fear” screenings by immigration officers. If a person demonstrates a credible fear of persecution or harm, immigration officers must let the person into the country. The individual must apply for asylum but is permitted to stay and work in the U.S. while the application is being processed.
Another case that will soon be heard by the Supreme Court could also have major implications for individuals seeking H1-B visas. According to Forbes, current law holds that courts need to accept a government agency’s interpretations of its own rules. This means that when agencies like USCIS changed their interpretation of ambiguous rules, lawyers would have little recourse to dispute the rule changes. However, an upcoming Supreme Court case could change that going forward. If the Supreme Court finds that courts should not automatically defer to an agency’s interpretation of its own rules, then lawyers may be able to bring up the interpretation of the rules themselves in court cases, potentially giving their clients a wider avenue to appeal a claim.
The case has yet to be heard and it isn’t clear what the outcome may be. One thing is for certain: federal judges are often pushing back on many of the new immigration rules the Trump administration has put forth. How many new regulations will hold remains unclear, but going forward, immigration lawyers will need to take a close look at upcoming rulings when handling immigration cases and appeals.
If you have a complex immigration case, consider reaching out to the immigration attorneys at the Law Office of Eric M. Mark in Jersey City and Newark, New Jersey. Our firm can review current law, upcoming cases, and fight to help you get the best possible outcome for your case. We can appeal denials and push your case through the court system to give you the maximum amount of time to appeal. In the current administration, time is of the essence. In time, many regulations may eventually be overturned. The Law Office of Eric M. Mark are immigration attorneys who may be able to help you.
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