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A2   UP FRONT
                      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
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