I do think they would try to limit due process rights, and given our radical Supreme Court, they may have some success. However, I think there are limits to that: At a minimum, they will need to show that the person is deportable (i.e., not a US citizen or a person with other legal status), and so I do not think they can or would completely eliminate due process. If they did, they would essentially create a police state. I guess this is not impossible, but it is probably unlikely under current circumstances. In terms of US citizens, it is possible to strip people of citizenship and deport them. It is a difficult and long process. The Trump Administration created a unit to work on that, but I do not think they accomplished much. In the past, as far as I know, that has only happened to people who were Nazi war criminals, and I am certain it is very uncommon. Because all of this would take a lot of resources, I think the Party Platform is probably not very realistic in some of its goals. Take care, Jason

can’t the executive process narrow the due process and fast track it though?

> The Alien Enemies Act is a law from 1798 that gives the president broad powers to deport non-native born Americans. While it is ripe for abuse, there are already laws on the books to deport gang members, drug dealers, etc

Does this include naturalized citizens? Is it within the executive branch powers to strip naturalized citzens under certain cases? I know during the natrualization process there is a quetesion about being a member of a gang or terrorist organization, can this be abused to broaden the definition without judicial input?

I did a blog post on this exact point on May 31, 2023. However, I do think that with regard to the RTD under the Biden Administration (and the Obama Administration), the problem is that it is not a major priority. I have heard from a friend at USCIS that they are working expanding the validity period, but that was nearly a year ago, and so far, no progress. You may very well be correct that it is deliberate, but I think it is a combination of factors. Though I guess to be clear, the main issue – lack of resources – is clearly a deliberate and political decision. Take care, Jason

Thank you for the information. While there could be other factors at play, such as the number of people applying for a travel document in a country, I agree that the system in the U.S. is somewhat broken. However, I don’t believe that the USCIS’s inability to produce a travel document in less than six months or extend its validity beyond a year is entirely due to a broken system. Instead, I think it stems from anti-immigration, anti-asylee, or anti-refugee practices and sentiments, too. Excessively long waits and limited validity periods seem intended to deter people from applying for these benefits. The “broken system” narrative is a smokescreen, distracting from the larger issue. Many European countries handle similar, if not greater, numbers of refugees, yet the U.S., with its larger and more advanced economy, struggles to issue a simple document in less than a week with a validity of more than a year. For example, I applied for a U.S. passport using the expedited process and received it the next day. The passport, a sturdier document with more security features, was processed much more efficiently and in far less time.

You were out of status after the period of lawful stay ended, but that has not affect on your eligibility for asylum since you filed within 1 year of arrival. Take care, Jason

Thank you. I was afraid that I am “out of status” which I see here very often. Lack of familiarity with the terminology got me confused.

Agreed – and thank you for sharing this (and sorry for the delayed posting – I have to approve posts with multiple links). Take care, Jason

That is the correct address if you live in one of the states listed for that address. See http://www.uscis.gov/uscis-lockbox-filing-locations-chart. Normally, I would have expected a receipt by now, but sometimes it takes a few months. Maybe make sure you sent it to the correct address for your state (and why USCIS has such a confusing array of different addresses is beyond me; it is idiotic). If not, I am not sure whether they will forward the case to the correct address or not. You may want to cancel the check (if possible) and re-send the whole package to the correct address, or if you cannot cancel the check, call USCIS (800-375-5283) to see if you can reach a person for help. Take care, Jason

If you are in the US, you would normally apply to adjust status. You may be able to do that since you have TPS, but you would need to have a lawyer look at the specifics of the case to be certain. I wrote more about asylum and the Lottery on October 5, 2015, but you would really need to talk to a lawyer about your specific situation. Take care, Jason