If someone comes to America seeking asylum, the first step is for them to have a Credible Fear interview with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they return to their home country, and thus are likely to be granted asylum. If they pass their interview, then as per the ICE Parole Directive they’re considered for parole pending their asylum hearing. But under the Trump Administration, nearly all asylum seekers are being detained rather than released on parole, regardless of whether they passed their Credible Fear interview.
In response to a lawsuit regarding this, US District Judge Boasberg just ruled that the Trump administration has to return to following the ICE Parole Directive. My question is, how does this ruling affect asylum seekers caught crossing the border illegally?
The Trump administration has instituted a “zero tolerance policy” under which DOJ criminally prosecutes everyone caught crossing the border illegally, and President Trump just issued an executive order detaining people in DHS custody as they await criminal prosecution for illegal entry. So how does this order change things? If an asylum seeker is in DHS custody awaiting criminal prosecution and they pass a Credible Fear interview, would they be eligible for parole?