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Mark Kinzler, P.C.

Another chance at asylum possible for some families

Some immigrants in Texas who may have been scheduled for deportation after having their asylum claims denied might get a second change under the order of a federal judge in California. On Sept. 14, the judge ruled that families in which parents had been illegally separated from their children should get a second chance to explain their credible fear of returning to their home countries.

According to the judge, the psychological state of the parents might have interfered with their ability to convey the credible fear. More than 1,000 families will be affected by the judge's decision. Around 400 parents who have already been deported will also have the opportunity to state their cases.

The judge is also overseeing the reuniting of children with their parents. Most children have been reunited or are with sponsors. In some cases, the reunion is pending because the government believes the parent may pose a danger to the child, the parent is in jail or the parent has been deported. Some other children are no longer involved in the class-action lawsuit because they cannot be reunified with their parents for some reason or because they were not separated under the policy in question.

Applying for asylum or facing deportation procedures can be difficult and stressful, and as these cases demonstrate, the laws regarding the process are not always clear. People may seek asylum if they are facing persecution in their home country based on certain characteristics, such as religion or national origin. People who are dealing with these or other immigration issues or whose family members are may want to consult an attorney who could keep them informed about any changes in immigration law and how to best present their cases.

Source: USA Today, "Judge favors deal giving separated migrant families second shot at asylum", Sergio Bustos, Sept. 14, 2018

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