Category: Immigration

While US immigration laws can be complex, currently immigrants, refugees, and asylum seekers have specific legal rights under both international and national law. Although the incoming Trump administration seeks to erode these rights on day one, as part of Project 2025. It is essential to distinguish between these groups, as their legal protections vary. 

Immigrants 

Immigrants are individuals who choose to move to another country, typically for work, family, or better opportunities, although some may also be fleeing gravely adverse circumstances in their country of origin. Once in the US, immigrants, documented or undocumented, have certain rights, regardless if they entered the country lawfully or not, including the right to work, access to education, and protection from discrimination. They also have the right to due process under the law, meaning they cannot be arbitrarily detained without a fair hearing. Once again, project 2025 seeks to erode these rights by having Congress or the Supreme Court change these laws.

Refugees 

Refugees and asylum seekers, while also immigrating to the US, are distinct because they are fleeing specific forms of persecution, violence, or conflict in their home countries. Refugees are granted protective status before entering the nation, often after a rigorous vetting process overseas.

 

Asylum Seekers 

Asylum seekers or asylees, on the other hand, are individuals who reach American soil first and request protection after the fact. The right to seek asylum is a fundamental human right enshrined in both US and international law. Even though the political rhetoric continues to demonize this group of people by wrongfully referring to them as “illegal crossings or illegal immigrants,” the vast majority of these families in fact entered the country lawfully and are following the asylum process as required by US law. Or in plain terms, “they came in the right way.”

The rights of asylum seekers include legal entry into the US to seek asylum, even without proper documentation. This process, however, has become mired in long waiting times and legal hurdles. Under the law, asylum seekers have the right to a fair and impartial hearing, access to legal representation, and protection from deportation until their case is resolved. Refugees, once granted entry, are also provided certain rights, such as the ability to work and the right to live free from discrimination. Once again project 2025 seeks to erode these rights through congressional action and litigation that could eliminate or amend the laws protecting these rights.

Legal Protections for All Groups 

In addition to specific protections, all immigrants, refugees, and asylum seekers have the right to basic human protections under US law. For example, these individuals cannot be detained indefinitely without a fair hearing, and they must be protected against unlawful search and seizure. Additionally, noncitizens have a right to emergency medical care and, in many cases, can access public education for their children. However, any laws that Congress passes or any decisions that the Supreme Court takes in step with project 2025, seek to erode the right to due process, discrimination and access to healthcare or education under the false pretense of national security.