united-states immigration federal-courts refugee-law asylum
How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?
<p>If someone comes to America seeking asylum, the first step is for them to have a <a href="https://en.wikipedia.org/wiki/Credible_fear" rel="nofollow noreferrer">Credible Fear interview</a> with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they return to their home country, and thus are likely to be granted asylum.  If they pass their interview, then as per the <a href="https://www.ice.gov/doclib/dro/pdf/11002.1-hd-parole_of_arriving_aliens_found_credible_fear.pdf" rel="nofollow noreferrer">ICE Parole Directive</a> they’re considered for parole pending their asylum hearing.  But under the Trump Administration, nearly all asylum seekers are being detained rather than released on parole, regardless of whether they passed their Credible Fear interview.</p>

<p>In response to a lawsuit regarding this, <a href="https://en.wikipedia.org/wiki/James_E._Boasberg" rel="nofollow noreferrer">US District Judge Boasberg</a> just <a href="https://www.humanrightsfirst.org/sites/default/files/memorandum_opinion.pdf" rel="nofollow noreferrer">ruled</a> that the Trump administration has to return to following the ICE Parole Directive.  My question is, how does this ruling affect asylum seekers caught crossing the border illegally?  </p>

<p>The Trump administration has instituted a <a href="https://www.justice.gov/opa/pr/attorney-general-announces-zero-tolerance-policy-criminal-illegal-entry" rel="nofollow noreferrer">“zero tolerance policy”</a> under which DOJ criminally prosecutes everyone caught crossing the border illegally, and President Trump just issued an <a href="https://www.whitehouse.gov/presidential-actions/affording-congress-opportunity-address-family-separation/?utm_source=link&amp;utm_medium=header" rel="nofollow noreferrer">executive order</a> detaining people in DHS custody as they await criminal prosecution for illegal entry.  So how does this order change things?  If an asylum seeker is in DHS custody awaiting criminal prosecution and they pass a Credible Fear interview, would they be eligible for parole?</p>

<blockquote>
  <p>My question is, how does this ruling affect asylum seekers caught
  crossing the border illegally?</p>
</blockquote>

<p>If they are entitled to asylum, their border crossing wasn't illegal.</p>

<blockquote>
  <p>So how does this order change things? If an asylum seeker is in DHS
  custody awaiting criminal prosecution and they pass a Credible Fear
  interview, would they be eligible for parole?</p>
</blockquote>

<p>Yes. They would be entitled to pre-hearing release if they pass a credible fear interview and they are not deemed a flight risk or a threat to the public. This would be quite extended because there is a huge backlog of hearings set many, many months and even years out.</p>
