Congressman Panetta introduces legislation to provide asylum seekers judicial discretion

WASHINGTON, DC — Congressman Jimmy Panetta (CA-20) recently introduced the Providing Justice for Asylum Seekers Act, a piece of legislation that ends mandatory in absentia, while absent, removal orders for asylum seekers by providing immigration judges discretion in the use of such orders.

The measure provides meaningful due process protections for families and children seeking asylum in the United States.

Current law mandates immigration judges issue deportation orders for asylum-seeking individuals if they fail to appear in immigration court. This mandatory requirement applies even when the immigration judge knows there are extraordinary circumstances preventing the individual from appearing in court.

The Providing Justice for Asylum Seekers Act provides immigration judges with greater discretion about whether to order a noncitizen removed in absentia or, alternatively, reschedule the hearing based on the circumstances of the case. It also provides more flexibility for asylum-seeking children and families to reopen their cases if an immigration judge wrongly issues an in absentia order.