Proposed new rules will bar many applicants who had certain criminal records from applying for political asylum

The proposed regulation would provide seven additional mandatory bars to eligibility for asylum. The proposed rule would add bars to eligibility for aliens who commit certain offenses in the United States. Those bars would apply to aliens who are convicted of:

1. A felony under federal or state law;

2. An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);

3. An offense under 8 U.S.C. § 1326 (Illegal Reentry);

4. A federal, state, tribal, or local crime involving criminal street gang activity;

5. Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;

6. A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and

7. Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.

It is unclear when or if these new rules will become effective.  Anyone who is considering applying for asylum shall not wait.

Please note that conviction is not required if the immigration officer determines the applicant committed the act.