Congress, America discussed on Bloomberg Law

Automatic TRANSCRIPT

Wellfounded fear of persecution and if they set aside then the government has an obligation not to send them back into harm's way so even if congress was actually able to agree on passing tougher immigration laws the international treaties would play into that yeah i mean technically the treaties ratified by congress i think it'd be very unlikely that in any immigration reform that the particular asylum provision itself and our obligation under international law would be changed but it's certainly been a useful political sort of tool to talk about general immigration forum as a whole though none of the proposals in immigration perform with regard to the substance as opposed to the procedure of how we actually process them has ever been proposed recently with regard to asylum explain the process of entering the country and seeking asylum starting with a credible fear interview so essentially what happens is the customs and border protection will do a credible fear of you to just sort of whether or not they think individual has a plausible claim for a wellfounded fear of persecution once that has been established and detach err on the side of allowing individuals to with their claim if there's any plausible claim then you actually make the claim itself that'd be presented to an immigration judge there of course backlog at this particular point and immigration judge will make that determination at which point eve it's affirmed and we have not ligation not to return them if it's denied then they would be removed how difficult is it to actually get asylum asylum is relatively difficult to establish there's a lot of different criterias and for this particular wave which is really coming from center america there's a lot of push doctors since you're make cuts leading to what some people are calling the surge the biggest concern is trying to fit a what they fear into one of the five categories so it's not just that you fear for your life but you see for your life based on a particular reason that these individuals that are targeting you targeting you for trying to prove that especially when the concern is just about generalized violence times difficult the administration has complained about what it calls the catch and release policies that allow people seeking asylum to be.

Coming up next