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Sessions Tightens Asylum Restrictions, Victims of Gang, Domestic Violence No Longer Eligible for Refugee Status

<p>Attorney General Jeff Sessions is directing immigration lawyers to stop granting asylum to victims of domestic battery and gang violence&period;&nbsp&semi;<&sol;p>&NewLine;<p>Sessions made the ruling on Monday in a Board of Immigration Appeals &lpar;BIA&rpar; case from 2016 where a woman from El Salvador was granted asylum after claiming she had been sexually&comma; emotionally&comma; and physically abused by her husband&period;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;Generally&comma; claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum&comma;&&num;8221&semi; said Sessions said in a ruling&period; &&num;8220&semi;The mere fact that a country may have problems effectively policing certain crimes &mdash&semi; such as domestic violence or gang violence &mdash&semi; or that certain populations are more likely to be victims of crime&comma; cannot itself establish an asylum claim&period;&&num;8221&semi;<&sol;p>&NewLine;<p>Back in 2014&comma; the BIA ruled that a domestic violence claim could be made to obtain refugee status&period;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;Depending on the facts and evidence in an individual case&comma; &&num;8216&semi;married women in Guatemala who are unable to leave their relationship&&num;8217&semi; can constitute a cognizable particular social group that forms the basis of a claim for asylum&comma;&&num;8221&semi; said the BIA in 2014&period;&nbsp&semi;<&sol;p>&NewLine;<p>Prior to that decision&comma; asylum was granted to those who have suffered persecution due to their race&comma; religion&comma; nationality&comma; political opinion&comma; or for their membership to a social group&period;<&sol;p>&NewLine;<p>Three months ago&comma; Sessions reopened the case with the El Salvadoran woman for his review&period;&nbsp&semi;<&sol;p>&NewLine;<p>Immigration groups have comdemned Sessions&&num;8217&semi; latest decision&period;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;In his decision today&comma; the Attorney General has singularly precluded victims of horrific forms of violence from accessing the protections of our asylum system&comma; effectively vitiating years of immigration law from Congress and the courts&period; This administration&&num;8217&semi;s shameful anti-immigrant policies&comma; including today&&num;8217&semi;s decision&comma; continue to imperil the lives of our clients and must be denounced&comma;&&num;8221&semi; said Luis Mancheno&comma; an immigration attorney at the Bronx Defenders to <em>CBS News&period;&nbsp&semi;<&sol;em><&sol;p>&NewLine;<p>However&comma; Session argues that &&num;8220&semi;asylum was never meant to alleviate all problems &mdash&semi; even all serious problems &mdash&semi; that people face every day all over the world&&num;8221&semi; and that the Obama administration offered &&num;8220&semi;powerful incentives&&num;8221&semi; for immigrants to &ldquo&semi;come here illegally and claim a fear of return&period;&rdquo&semi;<&sol;p>&NewLine;<p>&ldquo&semi;The prototypical refugee flees her home country because the government has persecuted her&comma;&rdquo&semi; wrote Sessions in his ruling&period; &ldquo&semi;An alien may suffer threats and violence in a foreign country for any number of reasons relating to her social&comma; economic&comma; family or other personal circumstances&period; Yet the asylum statute does not provide redress for all misfortune&period;&rdquo&semi;<&sol;p>&NewLine;<p><strong>Author&&num;8217&semi;s note&colon;<&sol;strong> Sessions brings up a good point&comma; if we granted asylum to everyone who was the victim of a crime&comma; we would have an influx of asylum seekers&period; Asylum should be strictly for political persecution&period; Most of these countries have so much crime there is no way we can be responsible for saving the victims&period; The countries&&num;8217&semi; law enforcement departments have to be held accountable and need to address these gang and domestic violence crimes accordingly&period;&nbsp&semi;<&sol;p>&NewLine;

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