Judge revives asylum for domestic violence, gang victims

A federal judge on Wednesday said the Department of Justice must accept the applications of asylum-seekers who have a credible fear of domestic abuse and gang violence. The ruling does not mean the United States must ultimately grant those immigrants asylum, but it does mean their applications cannot be rejected outright because they don’t face political persecution.

The first step in the asylum process is for an immigration judge to determine if an immigrant has a “credible fear” of persecution in their country based on race, religion, nationality, political opinion, or membership in a particular social group. If so, then they are allowed into the United States while their asylum claim is adjudicated. Earlier this year, former Attorney General Jeff Sessions told immigration judges that domestic abuse and gang violence did not meet the requirements for establishing a credible fear. U.S. District Judge Emmet Sullivan ruled Wednesday that the policy overstepped executive authority, saying “it is the will of Congress—not the whims of the executive” to set asylum rules.

The White House filed a motion to stay the ruling, saying it would overwhelm immigration courts with meritless cases. The judge’s decision, if allowed to go into effect, means the 12 plaintiffs in the case, some of whom were already deported, will get new initial asylum interviews.