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William Barr declares that asylum seekers who enter the US illegally do not have to be released if they post bond
MANDEL NGAN/AFP/Getty Images

William Barr declares that asylum seekers who enter the US illegally do not have to be released if they post bond

The new rule would take effect in 90 days

Attorney General WIlliam Barr has ordered U.S. immigration officials to stop releasing asylum seekers on bond who crossed into the United States illegally before they requested asylum.

Here's what we know

This new rule applies only to asylum seekers who have been determined to have a "credible fear of prosecution or torture" and are also facing expedited removal (which, Barr explained, happens when an applicant "lack[s] entry documentation or seek[s] admission through fraud or misrepresentation").

Formerly, according to the Department of Justice, asylum seekers who otherwise would have been subject to expedited removal would be be eligible for bond if they can prove that they have a "credible fear." In his reasoning for the new rule, Barr wrote "I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States." Without the ability to post bond (which Barr stated costs "at least $1,500"), these illegal immigrants would have to wait in detention centers until their requests are processed. According to NBC News, this could take months or as much as a year.

There is an exception for immigrants with "serious medical conditions," and asylum seekers who are being detained can still be granted parole. It will now be up to the Department of Homeland Security to decide whether or not to release these asylum seekers on a case by case basis.

It does not affect anyone who has claimed asylum at legal ports of entry and did not cross the border illegally.

Barr wrote that this new rule would not go into effect "for 90 days so that DHS may conduct the necessary operation planning" since it would require the department to house a "sizable population of aliens" who are currently "eligible for bond."

Approximately, 161,000 people claimed asylum last year.

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