Big Changes to Asylum Law for Application Filed on or after January 11, 2021

On December 11, 2020, the Trump Administration published new asylum regulations. The new regulations create several discretionary bars to asylum, including passing through other countries before reaching the US, unlawful presence for more than a year, and even paying late taxes. In addition to these bars, the regulations change almost every element of the asylum, making it incredibly difficult for an asylum seeker to meet his/her burden that he qualifies for this relief. The regulations change the definitions of such terms as persecution, political opinion, and particular social group. They are not retroactive, however, so it is imperative that individuals wanting to file for asylum apply before January 10, 2021 so their applications are not affected. While Murray Osorio anticipates that there will be lawsuits to hopefully enjoin these regulations, the success of those lawsuits is not guaranteed. The final regulation can be found here.
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