Asylum Seekers: Legal or Illegal Status in Removal Proceedings
In the intricate landscape of US immigration law, the status of asylum seekers during removal proceedings can sometimes be confusing. This article aims to clarify the legal standing of asylum seekers and the procedures that determine their status.
Understanding Removal Proceedings
“Removal proceedings” refer to the legal process whereby an individual is ordered to leave the United States if they are deemed to be inadmissible or removable for certain reasons, including the failure of an asylum application (typically after being found ineligible).
If an asylum application is denied, any bridging visa becomes void. This means that the individual is considered an undocumented non-citizen and can face detention. However, depending on the circumstances, they might be subject to community detention.
Significantly, the last two years have seen a lack of flights for the repatriation of failed asylum seekers, leading to prolonged stays within the country. However, as travel conditions normalize, the situation is expected to change.
Legal Status of Asylum Seekers
Upon applying for asylum, individuals are granted legal status that protects them from immediate removal. This temporary status typically extends the ability to seek legal counsel and appeal decisions, which can be a lengthy process, often taking multiple years in many regions.
During this extended period, applicants are provided with temporary status relief and work authorization, ensuring they can continue living and working legally within the country. However, it is important to note that the vast majority of asylum applicants ultimately do not qualify for asylum. Despite this, they are legally protected from immediate removal until a final decision is made by an immigration administrative law judge.
The legal standing of an asylum seeker is only impacted if they have been disqualified for cause, such as having a criminal record or having a previous denial of asylum. These disqualifications are subject to appeal, and applicants can reapply for asylum.
The US Immersion of Legal vs. Illegal Status
In the United States, the status of an asylum seeker is typically determined by the conclusion of legal proceedings. An individual is considered legally here until the US decides they should be here illegally. If the proceedings determine that removal is necessary and the individual does not leave voluntarily, they are considered illegal. Conversely, if the proceedings conclude that removal is unnecessary, the individual remains legally within the country.
This unique legal framework eliminates the immediate classification of asylum seekers as 'illegal' upon denial of their application. Instead, their legal standing is adjudicated through a multi-step judicial process, ensuring due process and legal protections.
During this period, asylum seekers can work legally and are subject to existing court orders, rather than facing countermanding legal actions that might otherwise classify them as illegal.