The Immigration and Naturalization Service has extended the filing deadline for asylum claims. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”), aliens are compelled to file to file applications in the one year period following admission to the United States. Though the law has already gone into effect, aliens will have until April 1, 1998 to submit asylum applications or a year after admission, whichever is later.
Aliens will also be able avoid the deadline if they can show “changed circumstances” in the conditions in their country or in their own circumstances that would make the alien subject to persecution. Furthermore, “extraordinary circumstances” beyond the alien’s control which lead to a late filing may also justify an exception to the deadline. Legal disabilities and ineffective assistance of counsel are two specifically enumerated examples.
Asylum applicants are required to demonstrate a well-founded fear of persecution. The rules for the types of people who may apply for asylum has been widened to include those who have a well-founded fear of being subject to coercive population control methods such as forced abortion or involuntary sterilization. A maximum of 1,000 aliens per fiscal year may be granted asylum or admitted as a refugee under this ground.
There are a number of additional key changes under the IIRAIRA.
- Asylum applicants cannot be granted asylum if the applicant was previously denied asylum by an immigration judge of the Board of Immigration Appeals, unless the applicant can show changed circumstances.
- An asylum application will be denied if the applicant can be returned to Aliens who file frivolous asylum claims can be permanently barred from applying for any immigration benefits if the Attorney General determines that the applicant knowingly filed a frivolous claim and had received notice of the penalty for filing a frivolous application.
- Aliens convicted of an “aggravated felony” including the rape and sexual abuse of a minor, are ineligible for asylum. IIRAIRA has lowered the sentence and monetary thresholds for a number of crimes to be considered as aggravated felonies.
- Certain individuals associated with terrorist organizations or who have engaged in terrorist activities are barred from asylum.
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