The United States has expanded the list of violations due to which they will deny political asylum

United States Department of Justice and Homeland Security published a final rule to restrict the right of some foreign nationals who have committed a criminal offense to seek asylum.

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On October 20, the US Department of Justice and the US Department of Homeland Security announced the publication of a final rule designed to prevent certain categories of criminal offenders from obtaining asylum in the United States. The rule will take effect 30 days after publication in the Federal Register on Wednesday, October 21st.

Asylum is a discretionary immigration benefit that generally may be granted to eligible aliens who are physically present or arriving in the United States, regardless of their status. However, in the Immigration and Nationality Act, Congress prohibited certain categories of aliens from receiving asylum. Congress also delegated to the Attorney General and the head of the Department of Homeland Security the authority to impose, by regulation, additional barriers to asylum eligibility to the extent consistent with the Act, and to impose “any other conditions or restrictions on the processing of an application for asylum.” ", which are consistent with the Law.

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To ensure that criminal aliens cannot obtain asylum, the Attorney General and the Head of the Department of Homeland Security exercised their regulatory powers to restrict the right to asylum for foreigners who engaged in certain categories of criminal behavior.

New penalties are applied to foreigners convicted of such crimes:

1. crimes under federal or state law;
2. crimes related to smuggling or harboring foreigners;
3. offenses related to illegal return to the United States;
4. federal, state, local crime related to street gangs;
5. certain federal, state, or local drunken driving offenses;
6. federal, state, or local crimes of domestic violence, or if a judge has determined that the person has participated in acts of battering or extreme violence in a domestic context, even if no conviction has been issued;
7. certain misconduct under federal or state law related to identity tampering; illegal acquisition of public goods from a federal, state, tribal or local government; possession or trafficking of a controlled substance or paraphernalia under control.

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Aliens who have committed certain crimes of domestic violence, even if they have not been convicted, will also be denied the right to asylum.

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