A rare piece of good news for asylum seekers in the United States. Of course, ‘good news’ is a relative term. In this case, it means that if you are sent back to your country of origin without being referred to an asylum officer, despite having expressed a fear of being oppressed, tortured, or killed on return, you may be able to successfully sue the federal government for damages.
Assuming you aren’t murdered or imprisoned when you return home.
And assuming you make it back to the United States at a later date.
Also assuming that you can find a lawyer who will represent you, knowing that all the documentation and evidence in the case, other than your own testimony, will have been prepared by the immigration officers who you are accusing of misconduct.
It’s a great surprise that the asylum seeker in question, a Kenyan woman, was able to successfully make a claim against the Department of Homeland Security. While it may be cold comfort to rejected asylum seekers, it at least holds out the hope that the threat of lawsuits from asylum seekers (or their next of kin) might encourage the DHS to act with greater care when dealing with potential asylum seekers.