Detention Tension

by Jason Dzubow

As part of its “mass deportation” plan, the incoming Trump Administration has promised to detain many more immigrants and asylum seekers.

Currently, ICE has the capacity to hold about 40,000 people at any given time. Tom Homan, Mr. Trump’s “Border Czar,” has promised to increase detention capacity to at least 100,000. Whether the budget or political will exists to implement these plans, we shall see, but certainly we can expect some level of increased immigration enforcement and detention. If nothing else, the new Administration plans a campaign of “shock and awe” to terrify non-citizens and perhaps convince them to leave the country.

Here, we will discuss what happens when an immigrant is detained, and how to prepare for that possibility.  (more…)

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Top Nine Reasons for Optimism in 2025

by Jason Dzubow

Yes, traditionally, these lists include ten items, I know. But these days, you need to take your good news where you can get it, and nine was the best I could muster.

Despite the incoming Administration’s promises of mass deportation, travel bans,  and general nastiness, there are some reasons to be hopeful in 2025. Well, maybe “hopeful” is too strong a word, but at least there are some reasons to not lose hope altogether. In any event, without further ado, here are nine reasons for optimism in the New Year:  (more…)

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My Big News: I Am Joining Murray Osorio PLLC

by Jason Dzubow

I started my own immigration law practice at the end of 2003. Since then, I have been either a solo attorney or I’ve been working with one or a few colleagues. Now, that’s about to change. I am happy to announce that starting on January 1, my coworkers and I will be joining Murray Osorio PLLC, a full-service immigration firm with offices in Virginia, Maryland, and New Jersey, and which handles cases nation-wide.

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Seeking Asylum Can Break Your Heart – Literally

by Jason Dzubow

A new study by Weill Cornell Medicine examined the heart health of young asylum seekers and found concerningly high rates of cardiovascular disease and other stress-related illnesses. 

The study, which was published earlier this month in Nature Mental Health, “analyzed medical evaluations from 453 U.S. asylum seekers for symptoms associated with psychological stress, cardiovascular disease risk and physical pain.” “The findings surprised researchers as the median age for the asylum seekers was 30, which is young to be showing cardiovascular concerns.”  (more…)

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Let the Purge Begin

by Jason Dzubow

An organization that claims to watch the Department of Homeland Security and the Department of Justice has published a list of government employee “targets” who would supposedly stand in the way of Donald Trump’s anti-immigrant agenda. These include the head of the Asylum Division at USCIS, several Immigration Judges, and the Director of the Legal Access Program at EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts). The clear purpose of the list–which includes personal photos (presumably taken from social media), salary information, and job histories–is to intimidate the “targets” and force them out of government. 

While I am certainly not a big fan of our dysfunctional immigration system, I find the idea of targeting individual government employees to be repugnant and cowardly, and in this case, dishonest and misogynistic.  (more…)

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Reading the Tea Leaves on Trump’s Mass Deportation Plan

by Jason Dzubow

One of President-elect Trump’s key campaign promises is the “mass deportation” of “illegals.” Now that Mr. Trump is preparing to assume the reins of power, there is understandable fear among immigrants and asylum seekers. What does the once-and-future President mean by “mass deportation”? Who will be affected? How will these plans be carried out?

The short answer is: We don’t know. Neither Mr. Trump nor his incoming staff has provided much detail about their plan. Here, we’ll review what we do know, and also take a look at the legal and logistical difficulties inherent in removing large numbers of people from the United States.    (more…)

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Testifying in Immigration Court

by Jason Dzubow

For asylum seekers in Immigration Court, the Individual Hearing is where they tell their story to the judge and get a decision. Even with a kind Immigration Judge (IJ) and a reasonable DHS Attorney (prosecutor), testifying in court can be intimidating and stressful. Here, we’ll talk about the Individual Hearing and what is expected from respondents (non-citizens seeking protection) and witnesses.

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Getting Ready for the Trumpocalypse

by Jason Dzubow

Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).

In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready? (more…)

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Yesterday, Hate Won. Today, We Keep Going.

by Jason Dzubow

Today is a sad day. It is sad that hate, division, and lies have carried the day in our election. It is sad for our country, which has put its trust in one who is not worthy of that trust. It is sad for the free world, which has traditionally looked to us for leadership. It is sad for our government workers, who strive to serve their country faithfully, but whose efforts have been scorned by the electorate. It is a sad day for those of us who know and admire asylum seekers as some of the bravest, most hard working, and most patriotic people we know. And it is sad for asylum seekers themselves, who have fled persecution and honored our country by choosing to come to the United States, only to be met with falsehoods and hate. 

As I write these words, Mr. Trump’s victory has just been called. I have not had much time to absorb the news (though as a confirmed pessimist, I can’t say I was particularly surprised), but here I thought I’d share a few initial thoughts. (more…)

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A Pre-Election Letter to My Asylum Seeker Clients

by Jason Dzubow

With the election a week away, I wanted to share a few thoughts with my asylum-seeker clients.

While we do not know how the election will turn out, it’s difficult to feel optimistic for our country or for the asylum system. If Donald Trump wins, he plans to use the full force of government to harm immigrants, to implement mass deportations, and to block foreigners–and in particular Muslims–from coming to the United States. If Kamala Harris wins, we can expect much more reasonable policies, though given public concern about migration, her ability to make significant improvements will likely be limited.

Whatever happens, and whatever hardships are to come, it is important for asylum seekers and immigrants to know that you are not alone. There are many, many Americans who are glad you are here and who will do whatever we can to help you remain in the United States. (more…)

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An Asylum Lawyer Responds to Alexis Nungaray, Mother of a Child Killed by Illegal Migrants

by Jason Dzubow

In a Fox News interview with Vice President Kamala Harris, host Bret Baier played a clip of Alexis Nungaray, whose 12-year-old daughter Jocelyn was murdered this past June. Charged with the crime are two Venezuelan migrants who illegally entered the United States shortly before the murder. Both men were apprehended near the border and released with notices to appear in Immigration Court.

In the clip, Ms. Nungaray blames the “Biden-Harris Administration’s open border policies” for the death of her child. This same idea has long been promoted by Donald Trump, who accuses migrants of bringing crime and drugs into our country.

In reality, crime is down in the United States and migrants consistently commit fewer crimes than native-born Americans. Of course, statistics are cold comfort to anyone who has been victimized by “migrant crime.” But using Jocelyn’s death to justify further restrictions on asylum seekers would only compound the tragedy. That’s because our asylum system saves many lives each year. It also serves our national interests. (more…)

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Dear Jill Stein and “Abandon Harris” Voters: My Asylum-Seeker Clients Need Your Help

by Jason Dzubow

I have been a member of the Green Party for more than 20 years. Our presidential candidate is Dr. Jill Stein, who is polling at between 1% and 2% in most swing states. That doesn’t sound like much, but in this year’s very tight contest for president, it could determine the outcome of the election.

A portion of Dr. Stein’s support comes from those who oppose Joe Biden and Kamala Harris on their policy towards Israel and Palestine. These voters, led by the Abandon Harris movement, have thrown their support behind the Green Party candidate, who is leading Harris among likely Muslim voters in several states.

The philosophy behind refusing to choose “the lesser evil,” is nothing new, and I have long disagreed with the approach. This year, the danger is particularly acute, as a Trump win will be especially harmful to Muslims, immigrants, and minorities in the United States (i.e., my clients), as well as people in Palestine. It will also set back the third party movement and cause great harm to our democracy. (more…)

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The Demon-Haunted Election

by Jason Dzubow

In his 1995 book The Demon-Haunted World: Science as a Candle in the Dark, astrophysicist Carl Sagan explains the scientific method and encourages non-scientists to think skeptically and critically about science and pseudo-science (in Dr. Sagan’s telling, pseudo-science includes topics such as ghosts, psychic abilities, and witchcraft). He laments the failure of our institutions to educate the populace to distinguish fact from fiction, and explains how the scientific method is not a belief system, but rather a tool for discovering the truth.

I can’t say that I am 100% onboard with Dr. Sagan’s theses, as I feel he leaves too little room for subjective human experiences, whether those are religious revelations or more esoteric phenomena, such as alien abductions and bigfoot sightings. However, as a basis for policy-making in the real world, unverifiable subjective experiences–or claiming one’s own “truth” regardless of the facts–can be downright dangerous. 

Exhibit A in that regard is the Trump campaign, which is largely untethered from anything close to reality. The “demons” that haunt Mr. Trump’s world are not abstract pseudo-scientific concepts. Rather, they are flesh and blood human beings, who are routinely lied about and scapegoated, and who are suffering real harm as a result. (more…)

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Jimmy Carter’s Immigration Legacy

by Jason Dzubow

Jimmy Carter turns 100 years old today. Mr. Carter was President from 1977 to 1981. During those years, he created the modern asylum system when he signed the Refugee Act of 1980, oversaw the admission of Cubans and Haitians during the Mariel Boatlift, assisted refugees from South Vietnam, which had recently fallen to the Communist North, and worked to increase security along the U.S.-Mexico border. During his long post-presidency, Mr. Carter has championed human rights and democracy, advocated for peace, improved healthcare, fought disease, promoted low-cost housing, and engaged in various diplomatic missions for the U.S. government. Among his many honors, Mr. Carter received the Noble Peace Prize in 2002. 

On the occasion of the former President’s 100th birthday, I thought it would be appropriate to look back at his record on immigration, and see how his contributions continue to impact asylum seekers and other migrants more than four decades after he left office. (more…)

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Updates (or Lack Thereof) from the Asylum Office

by Jason Dzubow

There was a time during the good old days of the Obama Administration when the Asylum Office would release quarterly statistics and even hold in-person stakeholder meetings where advocates could talk to the Asylum Office leadership. The Trump Administration worked hard to end transparency in government, and the pandemic didn’t help. As a result, the meetings and quarterly data disappeared. I had hoped that the Biden Administration would revive these practices, but that was not to be.

So now-a-days, we have to get our data where we can. This isn’t easy, but recently–as a result of my involvement in some Congressional lobbying efforts–I came across information about the Asylum Office that I thought I would share here. (more…)

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