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Tuesday 12 June 2018
Sessions excludes domestic, gang violence from asylum claims
By ELLIOT SPAGAT
Associated Press
SAN DIEGO (AP) — Immi-
gration judges generally
cannot consider domes-
tic and gang violence as
grounds for asylum, U.S. At-
torney General Jeff Sessions
said Monday in a ruling that
could affect large numbers
of Central Americans who
have increasingly turned
to the United States for pro-
tection.
“Generally, claims by aliens
pertaining to domestic vio-
lence or gang violence
perpetrated by non-gov-
ernment actors will not
qualify for asylum,”
Sessions wrote in 31-page
decision.
“The mere fact that a
country may have prob-
lems effectively policing
certain crimes — such as
domestic violence or gang
violence — or that certain
populations are more likely
to be victims of crime, can-
not itself establish an asy- In this Monday, June 4, 2018 file photo, people seeking political asylum in the United States line up to be interviewed in Tijuana,
lum claim.” Mexico, just across the U.S. border south of San Diego.
The widely expected move Associated Press
overruled a Board of Immi- unable to protect victims claims of women suffering ney General today erased backlog of asylum cases
gration Appeals decision any less so than the United violence throughout the an important legal devel- topped 300,000, nearly half
in 2016 that gave asylum States. world, including sex traffick- opment that was univer- the total backlog.
status to a woman from El Sessions said the woman ing. sally agreed to be correct,” Despite President Donald
Salvador who fled her hus- obtained restraining orders “This is not just about do- they wrote. Trump’s tough talk on im-
band. against her husband and mestic violence, or El Sal- “Today we are deeply dis- migration, border arrests
Sessions reopened the case had him arrested at least vador, or gangs,” she said. appointed that our coun- topped 50,000 for a third
for his review in March as once. “This is the attorney general try will no longer offer le- straight month in May and
the administration stepped “No country provides its citi- trying to yank us back to gal protection to women lines of asylum seekers have
up criticism of asylum prac- zens with complete security the dark ages of rights for seeking refuge from terrible grown at U.S. crossings with
tices. from private criminal activ- women.” forms of domestic violence Mexico.
Sessions took aim at one of ity, and perfect protection Sessions sent the case back from which their home “Saying a few simple words
five categories to qualify is not required,” he wrote. to an immigration judge, countries are unable or un- — claiming a fear of re-
for asylum - persecution The government does not whose ruling can be ap- willing to protect them.” turn — is now transforming
for membership in a social say how many asylum pealed to the Justice De- The decision came hours a straightforward arrest for
group - calling it “inherently claims are for domestic or partment’s Board of Im- after Sessions’ latest criti- illegal entry and immedi-
ambiguous.” gang violence but their ad- migration Appeals and cism on the asylum system ate return into a prolonged
The other categories are for vocates said there could then to a federal appeals in which he and other ad- legal process, where an
race, religion, nationality be tens of thousands of court, Musalo said. She an- ministration officials consid- alien may be released from
and political affiliation. domestic violence cases ticipates other cases in the er rife with abuse. custody into the United
Domestic violence is a in the current immigration pipeline may reach the ap- The cases can take years States and possibly never
“particularly difficult crime court backlog. peals court first. to resolve in backlogged show up for an immigration
to prevent and prosecute, Karen Musalo, co-counsel Fifteen former immigration immigration courts that hearing,” Sessions said at a
even in the United States,” for the Salvadoran woman judges signed a letter call- Sessions oversees and ap- training event for immigra-
Sessions wrote, but its and a professor at Univer- ing Sessions’ decision “an plicants often are released tion judges.
prevalence in El Salvador sity of California Hastings affront to the rule of law.” on bond in the meantime. “This is a large part of what
doesn’t mean that its gov- College of Law, said the “For reasons understood An administration official has been accurately called
ernment was unwilling or decision could undermine only by himself, the Attor- said last month that the ‘catch and release.’”q