Firm Resettlement Bar

In immigration court, the firm resettlement bar is a defense used by the government to deny an individual's asylum application. The bar applies to individuals who have previously been resettled in another country and are seeking asylum in the United States.

To be considered "firmly resettled," an individual must have received permission to reside in another country, and must have actually lived in that country with the intention of permanently residing there. This means that if an individual has received permission to live in another country, has established a life there, and no longer faces persecution in that country, they may not be eligible for asylum in the United States.

The firm resettlement bar is based on the idea that an individual who has already been resettled in another country has already found safety and should not be able to seek asylum in the United States as well.

Exceptions to the Firm Resettlement Bar

There are exceptions to the firm resettlement bar. If an individual can show that they did not have the opportunity to fully integrate into the resettled country, or if they can show that they did not have the opportunity to avail themselves of the protection of that country, they may still be eligible for asylum in the United States.

In cases where the firm resettlement bar is raised as a defense, it is important for an individual to present strong evidence and arguments to show that they meet one of the exceptions to the bar. This may include testimony from expert witnesses who can speak to the individual's situation and the conditions in the resettled country. Expert witnesses can provide valuable insights and perspective that can help a judge understand the individual's circumstances and determine their eligibility for asylum.