What’s next? The legal process for asylum seekers
CBS 13'S April Hettinger takes a closer look at the legal path to crossing the border
YUMA, Ariz. (KYMA, KECY) - U.S. Border Patrol is now releasing asylum seekers into the community, under the new Biden Administration. Much is being made of the number of undocumented immigrants entering Yuma County, but what does it take to make the same trip legally?
In order for the migrants to be processed, they will need to have a formal court date and a collection of paperwork.
Achieving asylum is a lengthy process, and one that's not easy, even under the Biden Administration's new rules. The only difference is that Donald Trump's 'Remain in Mexico' policy does not apply, meaning they can wait in the U.S. Until their asylum case is processed.
Siovhan Ayala, an immigration attorney at Ayala Law Office explains the asylum process for a migrant who has already been detained.
"They indicate in the detention center that they want to apply for asylum and then they need to go through what's called a credible fear process," Ayala explained. "That way they're screened for asylum by the asylum office, and if that process is approved then they apply with the immigration judge."
Migrants will be given two chances to pass an interview: one with an asylum officer and another with an immigration judge. Just because they pass the interview doesn't mean they'll be granted asylum.
Sebastian Sanchez, an immigration lawyer with Sanchez Law Group says there are five things that qualify a person for asylum: race, nationality, religion, membership of a social group or political opinion.
"If you cannot show persecution on account of at least one of those five things, then you don't have basis for asylum," Sanchez stated.
At their court hearing, asylum seekers can show documentation of persecution such as a police report, but if there's no documentation, that doesn't mean they are automatically ruled out.
"Under Immigration Law, if a judge finds you credible, that's enough," Sanchez said.
Immigration lawyers in our area who specialize in this process are prepared to help migrants work legally in the U.S. and maintain their credibility through the asylum process.
"It does make a difference in order of preparation of your case, and chances of succeeding, and also people with immigration attorneys are more likely to show up to their hearings," Ayala said.
Asylum seekers are given a court date, then released into our a border town to await their hearing. However, it can take months for a judge to hear their individual cases. And that, raises even more legal questions.
The steps for asylum are mostly the same among migrants who were detained or for those who are here on a visa; however, there are some differences when originally applying for asylum.
