Houston Chronicle

Trump sued by ACLU over asylum process

Suit says applicants are held indefinite­ly in violation of the law

- By Lomi Kriel lomi.kriel@chron.com twitter.com/lomikriel

An immigratio­n judge twice agreed that Ansly Damus deserved refugee protection after facing political persecutio­n and death threats in Haiti. But President Donald Trump’s administra­tion appealed those rulings, keeping Damus, a former ethics teacher, imprisoned for more than 16 months.

Now the American Civil Liberties Union and other groups have filed a federal lawsuit challengin­g the practice of jailing asylum-seekers with credible cases for months on end. Advocates say it is part of the government’s increased crackdown on the asylum process, which top Trump officials have criticized as rife with abuse.

“The Trump administra­tion wants to make life so miserable for asylum-seekers that they give up and return to their home countries, even at the risk of torture or death,” said Michael Tan, an attorney with the ACLU’s Immigrants’ Rights Project, in a statement Thursday. “The administra­tion is wielding indefinite detention as a weapon to deter future asylum-seekers, which is both cruel and unconstitu­tional.”

The Department of Homeland Security declined comment, citing the pending litigation.

The class-action lawsuit was filed in federal court in Washington, D.C., on behalf of nine detained asylum-seekers from Cuba, El Salvador, Venezuela and other countries, who requested asylum at official U.S. ports of entry.

According to the suit, five Immigratio­n and Customs Enforcemen­t field offices, including the one in El Paso, have essentiall­y stopped releasing asylum-seekers since early 2017.

All of the plaintiffs in the lawsuit passed a so-called credible fear interview, the initial step to receiving asylum. The protection is granted to people who have suffered persecutio­n, or fear they will, because of their race, religion, nationalit­y, membership in a social group or political opinion.

None had criminal histories or a record of violence.

It can take several years for asylum claims to be adjudicate­d in the backlogged system. Immigratio­n courts have a record 632,000 pending cases, according to federal statistics. The U.S. Citizenshi­p and Immigratio­n Services, which processes claims for those who legally entered the country, has more than 311,000 cases.

DHS policy enacted in 2009 states that asylum-seekers who don’t pose a flight risk or a danger to society should be granted humanitari­an parole and released while they await the outcome of their cases.

But the ACLU charges that the administra­tion is instead “categorica­lly jailing them indefinite­ly,” violating not only its own policy, but the U.S. Constituti­on and internatio­nal treaties governing refugees.

A New York federal district court in November found the government had wrongly issued “blanket denials” to asylumseek­ers in Buffalo, N.Y., and ordered that facility to review its requests for release.

The practice is a stark turnaround from previous policy. In 2013, nine out of 10 asylum-seekers in the five field offices were found to meet the government’s criteria and were released from immigratio­n custody, according to the lawsuit. In 2017, that dropped to nearly zero. More than 1,000 asylum-seekers are estimated to have been denied release.

The Trump administra­tion has repeatedly blamed “loopholes” for an increase in migrants seeking refuge here. In a speech in Austin in October, Attorney General Jeff Sessions said the current asylum system is too easy to defraud.

Groups that support reducing immigratio­n such as the Center for Immigratio­n Studies say detaining asylum-seekers is necessary because many have fraudulent claims. Once they are released, they skip out on their hearings and are difficult to find, the group says.

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