Trump Administration Presents Plan for Asylum Seeking Separated Families
The American Civil Liberties Union (ACLU) agreed to terms with the Trump administration on a plan put forth to address the asylum-seeking families who have been separated at the border. According to the plan, individuals in the ACLU class action suit who are not currently in the custody of DHS or HHS and have been issued with Notices to Appear (NTAs) will not be removed before being issued with a final removal order in the subsequent removal proceedings. Furthermore, these individuals can apply for asylum with United States Citizenship and Immigration Services (USCIS) if those individuals have been released from the custody of DHS or OOR, are not currently in removal proceedings, and are not subject to a final removal order. USCIS will adhere to the standard protocol regarding the parents’ involvement in their children’s asylum application process and will adjudicate asylum applications independent from whether or not the individuals have an unfiled NTA. If the individuals have received a final removal order in removal proceedings before being reunified, the government and the individuals’ legal representation will work together to identify such children within 15 days of the agreement’s approval, and DHS will join in a motion to reopen those proceedings, if the individuals’ requests are submitted within 45 days of the agreement’s approval.
The plan also included the possibility for undocumented parents who have already been removed to their country of origin to return to the United States, though such cases are specifically qualified in the plan to be, “rare and unusual.”
For more information, view the plan.
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