Nayla Rush, a Senior Researcher at the anti-immigration Center for Immigration Studies, has apparently been spying on the USCIS Asylum Division – and lying about what she has overheard.
First, a bit of background: As you may know, the Center for Immigration Studies or CIS (not to be confused with USCIS – the United States Citizenship and Immigration Services) is a group that wants to restrict immigration to the United States. Their writers are usually intellectually honest, though not always. I often disagree with their policy positions, and I have written about them a few times (here, here, and here). They also occasionally write about me.
Last week, I visited the CIS website and discovered Nayla Rush’s post about attending the USCIS Asylum Division Quarterly Stakeholder Meeting on December 11, 2015. The meeting was for “Stakeholders” in the asylum system: Advocacy groups, lawyers, even–I suppose–people who want to restrict the asylum process. But the meeting is specifically not for the media. The invitation reads, “Note to media: This engagement is not for press purposes. Please contact USCIS Press Office… for any media inquiries.”
It just so happens that I also attended the meeting in question, which was led by the Asylum Division Director, John Lafferty. About 50 people were present, including USCIS staff, private lawyers (like me), and representatives of various organizations involved with asylum law.
During the first part of the meeting, each person introduced himself and stated the name of his organization. If Ms. Rush introduced herself, I do not remember. But certainly she did not reveal that she was representing CIS – everyone there knows the anti-immigration group and her presence at the meeting would have raised some eyebrows.
Ms. Rush also did not reveal that she was attending in her capacity as a journalist. Perhaps she hoped to discover some dirt or some secret conspiracy between USCIS and asylum advocates. Maybe she covertly recorded the meeting, Planned Parenthood-style, with the hope of exposing something nefarious. Apparently, she did not find anything too damning, but fear not–in the absence of evidence, you can always make stuff up.
From the meeting, Ms. Rush claims to have learned that “Officers interview asylum seekers by phone in 60 percent of the cases (except for families who are already in detention centers).” In her piece, “Most Asylum Applicants Are Interviewed by Telephone. Feel Safer?“, Ms. Rush notes that it’s hard enough to assess an applicant’s credibility, but if the officers cannot even look the applicant in the eye, fraudulent asylum seekers–including potentially dangerous people–can scam their way through the system. “Call me skeptical,” she writes, “but I don’t see how this subjective assessment [of asylum seeker credibility] can be obtained through a telephone conversation.”
So the premise of Ms. Rush’s article is that 60% of asylum seekers are interviewed by phone. If this were true, it would be cause for concern. However, the actual number of asylum seekers interviewed by phone is more like 0%. That’s zero. Zilch. Nada. None. In fact, every asylum applicant interviews in-person, face-to-face, with an Asylum Officer. So what is Ms. Rush talking about?
My best guess is that she has confused (or deliberately conflated) asylum interviews and credible fear interviews (“CFI”). The purpose of an asylum interview is to determine whether an applicant may be granted asylum, and thus the legal ability to remain permanently in the U.S. The purpose of a CFI is to determine whether an applicant presents a prima facia case for asylum. If the applicant meets this minimal standard, she will then be sent to an Immigration Judge (or in the case of a minor, an Asylum Officer) to determine whether asylum should be granted. If the applicant fails the credible fear interview, she will be deported. Many credible fear applicants are interviewed by phone, but since this is only an initial evaluation of the case, and since the only purpose is to assess whether the person has articulated a fear of return to her country, credibility is not really a consideration. If the person “passes” the CFI and then presents her asylum case, she will have an in-person interview (or a trial) where credibility is carefully considered.
From all this, it seems that Ms. Rush is either so unfamiliar with the asylum process that she confused two basic concepts (asylum and CFI), or she understands the asylum process and she is a big liar. My guess is that it’s the latter. Why? Because the article is not the only instance of Ms. Rush’s dishonesty when it comes to refugees.
Take, for example, Ms. Rush’s recent report on the UN’s Role in U.S. Refugee Resettlement, where she claims that the “United States is entrusting the staff of the United Nations High Commissioner for Refugees (UNHCR) with the entire selection and pre-screening process of Syrian refugees eligible for resettlement in the United States” (the emphasis is mine). The implication is that the UN determines who comes to the U.S. as a refugee. This is completely false. The UN refers refugees to the U.S. government, which then independently screens them and performs background checks (I’ve written about this process here). Ms. Rush’s fear-mongering and dishonesty about Syrian refugees suggests that her motivation is to score political points, regardless of the facts.
Frankly, I am not particularly bothered by Ms. Rush attending the Asylum Division meeting under false pretenses and then writing about it. I happen to believe (like her, I think) that the system should be more transparent. What bothers me is that she would attend the meeting and then deliberately distort what she heard.
As I have written before, there are legitimate arguments for limiting the number of refugees and asylum seekers we admit into the United States. We as a country should be discussing these issues, and organizations like CIS have an important role to play in that conversation. But when CIS distorts the facts in order to advance its argument, it impoverishes the debate and damages its own credibility. Hopefully, in the future, CIS and Ms. Rush will be more responsible and more honest as we continue to discuss this important topic.
Helo sir how are you! Sir my case was approved in court before 2.5 months but i don’t have receve my l-94 card . Please give me advice what can i do
If the case was approved in court, you need to make an appointment with USCIS. You can do that using the Post Order instructions available here: https://www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings. That should get an I-94. Take care, Jason
Jason, Could you please advise once some has the fear interview
How long will it take for the immigration officer to give a response
My friend had the interview this Tuesday and no one has said anything
How long do they take to let you know?
Thank you,
I do not remember, but I thought it was 48 hours. This could be wrong, but I do think that they give the decision pretty quickly. Take care, Jason
Hi Jason,
Thanks for your amazing articles.
Do you have any news about interviewing asylum seekers in second category(children) LA office?
I’m waiting around 5 months and still no news from that.
Thanks
If the child is unaccompanied (no parents), she should get priority over most other applicants and she is not subject to the Asylum Office Scheduling Bulletin. In my local office (Virginia), such interviews are scheduled about 2 months after filing. LA is a very slow office, so I would not be surprised if it takes longer, but I do not know how long. You may want to contact the asylum office and ask about this, as 5 months seems a bit long. You can find contact info for them if you follow the link at right called Asylum Office Locator. Good luck, Jason
Hi Jason, I hope you can help me. I already filed an i-589 for asylum. In that moment i applied alone, but now my spouse is here. I am still pending, are you able to tell me how can i include my spouse in my application and where should I have to send this petition, to the service center o to the asylum office?. (Case Filed in texas service center, and my asylum office is Miami, I am from orlando. Thanks in advance.
You should contact the Miami office and ask them how to add your spouse – it is not difficult, but it seems that different offices have different requirements. You can find contact info for Miami if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear jason
I moved to portland OREGON and am applying to move my case to SF at the same time i want to renew my work permit can i rebew it with my new address while my case moving from Arlington to SF ???? Where do you think is moving faster Arlington or SF ?
Thanks for your concern
Yours
You can check the Asylum Office Scheduling Bulletin (a link is at the right) to see some info about how each office is processing cases. However, it really does not predict which office will be faster. If you moved, you should renew your work permit at your new address. Make sure you filed the change of address, form AR-1, with the asylum office as well. Take care, Jason
Hi Jason, I got no respond from my previous question. Please help me. Thank you so much!
I filed an asylum application in Chicago on July 2014 and the Chicago office is STILL interviewing cases on May 2013 (and NO PROGRESS in the last 8 months!!!) do you have any news of Chicago office??
My main question is that what will happen to my case if I leave Chicago and move to LA? Can I ask them to keep my case in Chicago after I moved to LA? “Since LA is way worse than Chicago”
My Lawyer says there’s nothing in law saying that I have to transfer my case. What do you think? Do I HAVE TO move my case when I move?
It’s true, the law doesn’t specifically mention moving your case, but it does require you however to update your address within 10 days of moving, which automatically triggers moving your case near your location. So technically moving means your case will move with you.
If you move to LA and it is a permanent move, you are required to submit a change of address form, AR-11. If you do that, the case will move to LA. Whether the move is “permanent” or “temporary” depends on many factors – did you keep your address in Chicago? Did you keep your driver’s license there? Do you pay taxes there? You can discuss this with the lawyer. All the offices are slow; I keep expecting them to start moving more quickly, but so far, they are not. Good luck, Jason
I still haven’t moved to LA. Is there ANY way that I want USCIS to update my address but NOT TO move my case to LA??
I do not think so – If you send them the change of address, which is required when you move, they will move your case. Take care, Jason
Hello, Jason, thanks so much for your responses! Really appreciate it. Question: Are you no longer eligible as PRUCOL (resident living under color of law) if you are referred to Immigration Court? Are USCIS and Immigration court different or are they the same?
USCIS and the Court are different. USCIS is the asylum office – it can give you asylum or send you to court. The Court can give you asylum, other relief, or order you deported. I do not know about PRUCOL, sorry. Take care, Jason
Hi Jason, week passes my house had caught fire, or I lost my work permit, my passport, my social security card and some proof that I had to take the day of my interview immigration ……. ..what should I do now to my RECOVERED immigration documents
You can file a Freedom of Information Act request (form G-639) to get a copy of your entire file. Also, you can re-apply for a new work permit, explaining that the old card was lost (form I-765). Take care, Jason
I need to renew my former work permit in April, and if I apply this one and now that it does not happen very early how then renew my former work permit
I do not understand the question – sorry.
Great choice of the picture:D
Hi Jason, I hope you are doing well, I had my interview back in November and didn’t get a decision, so I went to the Arlington asylum office for an update, and I was told that my case is under an active review, the officer will review it sometime next week. If you had these experiences what is the outcome? What does it mean for my case?
Thank you for your help.
In my experience, when they give you a time frame for a decision, it is often incorrect. Hopefully, you will get a good decision in a week, but you should patient, as it could take longer. Take care, Jason
Hi.Me from pakistan.a writer and politician. i have applied for political asylum in january 2014 from New York.until now no interview done.hope that it will hold in next 3,4 months.
My question is;
i have offer of a job in chicago.if i move to chicago and change address then:1. may i get my seniority list of new york in chicago ofice for interview or from new start?2.if i move then my case will be as usual or it will take delay for interview? thanks for guidance.
If you move and change address, your case will be transferred to Chicago. According to USCIS, you will keep your place in the queue, so you will not lose your place in line or delay the interview. This is what USCIS says, but I do not have any experience with this, and I am not 100% confident that all offices follow this, but they should. Take care, Jason
Hey Jason , how come he’s Jan. 2014 and didn’t get interview when in the bulletin they are interviewing June 2014 now ?
If that is the case, something might be wrong. You should contact the asylum office and ask. You can find contact info if you follow the link at right, Asylum Office Locator. Take care, Jason
Hi Jason , I always read ur articles it helps us a lot. So plz tell me that according to asylum office statistics New York and Houston offices have the lowest rates of approval and San farancisco is the highest rate of approval. So why so much difference? And second thing I’m from occupied Kashmir Pakistani side so I applied asylum in sep 2014 in NY office and I have a genuine threat from the government so do u think that I should stay with the NY office or I moved my case to SF. Iam confident I have genuine case but only reason is that if they refer me to the IJ then it will take more years and my wife and kids in my home country and they have problems there. So kindly tell me something that helps me Iam thankful to you.
Actually, I am in the process of writing about this exact topic, and if I have time, it will be posted next week. The short answer is that I am not convinced that it is worth moving in order to have your case at an easier office. There are good lawyers who would disagree with me, but I will explain my reasoning more when I publish the blog post (hopefully) next week. Take care, Jason
Thanks Jason for ur advice but plz tell me that why u think that transfer the case in easier office is not worth. So kindly tell me why you think so and ur advice hopefully help me.
Sorry – once I write the blog post, you can read it; it is not ready yet.
So basically she’s voting for Trump. This is just like that article that was roaming on Facebook the other day that said “they’re here! 100,000 Syrian men have landed on our U.S. shores!” followed by a picture of Syrian men in Europe.
check the official numbers about refugees (pending, approved and denied)
total Syrians are less than 5000 since the Syrian crisis started on 2011
I actually wrote a post about that article too (http://www.asylumist.com/2015/12/02/fighting-syrian-refugees-with-lies/), though it is not easy to keep up with all the lies, especially since I have a day job too. Take care, Jason
amazing article
thanks a lot
We appreciate that