ACA Motions Are on Pause — But Asylum Cases Are Still Being Denied Early
Under the ACA framework, the government would argue that a person should not be allowed to seek asylum in the United States because they passed through another country and could have applied there. These arguments were tied to a specific regulatory structure and were relatively straightforward in how they were presented in court. Today, those arguments have largely receded from day-to-day practice. This has created an impression that immigration courts may be returning to a more traditional process, where each applicant has a full hearing and an opportunity to explain their case in detail. In practice, that has not happened. Instead of...
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