Comments on: An Asylum Lawyer Responds to Alexis Nungaray, Mother of a Child Killed by Illegal Migrants https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/ Asylum and Its Discontents in the United States Wed, 30 Oct 2024 09:33:29 +0000 hourly 1 By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170836 Wed, 30 Oct 2024 09:33:29 +0000 https://www.asylumist.com/?p=11499#comment-170836 In reply to last week.

Encourage your US citizen friends to vote. Also, I did a post about this on August 21, 2024 that might give you some ideas. Take care, Jason

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By: last week https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170835 Wed, 30 Oct 2024 05:52:35 +0000 https://www.asylumist.com/?p=11499#comment-170835 @Jason & @fellow asylum seekers:
How to spend the last week before election ? I am worried…but I don’t know what to do…I considered volunteering, but I am a very private person and don’t like to put myself out there…

If I don’t want to put myself out there…is there ANYTHING that I can do to help Kamala Harris ?

If I pray, will God listen ?

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By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170831 Tue, 29 Oct 2024 21:28:02 +0000 https://www.asylumist.com/?p=11499#comment-170831 In reply to Jamie.

Amen.

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By: Jamie https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170828 Tue, 29 Oct 2024 13:44:17 +0000 https://www.asylumist.com/?p=11499#comment-170828 In reply to did Trump really incite jan 6 insurrection ?.

Hi,

There’s nothing in the definition of the word “incite” that requires an explicit order. Basing an argument on the necessity for explicit language, or action, in defining whether Trump incited the January 6 mob is misleading. Both legal precedent and dictionary definitions indicate that incitement can occur without direct commands.

For example, Merriam-Webster defines incite as “to move to action,” “to spur on,” and “urge on.” The Cambridge Dictionary defines it as “to encourage someone to do or feel something unpleasant or violent.” According to Dictionary.com, it means “to stir, encourage, or urge on; stimulate or prompt to action,” and the Britannica Dictionary defines it as “to cause (someone) to act in an angry, harmful, or violent way.” Nowhere in these definitions does incitement require explicit language. Indirect or suggestive statements can be enough to manipulate someone into action, qualifying as incitement, and therefore insurrection.

From a legal perspective, particularly under the U.S. Constitution (Fourteenth Amendment, Section 3) and legal tests for incitement, explicit language is not required. The Brandenburg v. Ohio (1969) standard outlines that for speech to qualify as incitement, it must be:

1) Directed at inciting or producing imminent lawless action.
2) Likely to incite or produce such action imminently.

While the courts haven’t explicitly ruled on whether suggestive language alone can qualify, courts can, and have historically, interpret phrases like “fight” or “take back” as incitement based on the speaker’s intent, the audience’s response, and the situational context. For instance, when directed at a ready or tense audience, even indirect language can be sufficient to meet the Brandenburg standard.

In Trump’s case, as a former president with a significant following that operates like a cult, his repeated false claims that the election was “stolen” or “rigged,” combined with pressure on officials and statements like “fight like hell” at a rally directly preceding the Capitol riot, could reasonably be seen as incitement. Testimonies and intelligence reports suggested that Trump was aware of the risk of violence yet proceeded without intervening. His statements, influence, and failure to act, especially in his capacity, as the Capitol was breached collectively support an argument that he incited insurrection against the United States.

Therefore, given his actions and influence, he can reasonably be regarded as having incited insurrection against the United States.

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By: Jamie https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170827 Tue, 29 Oct 2024 12:56:57 +0000 https://www.asylumist.com/?p=11499#comment-170827 Hello, everyone!

Just a quick reminder—if you have friends and family who are U.S. citizens, please encourage them to go out and vote! And if you’re a former asylee who’s now a U.S. citizen- and remember that you have to be a U.S. citizen to vote in federal elections or do certain things that can influence elections- this is your chance to participate in shaping our nation’s future.

In many states, early voting is available, which can help avoid wait times on Election Day. This election is crucial for the future of our democracy and for immigrants in the country. We face a pivotal moment, and it’s important to make our voices heard to protect the values that define America.

Thank you for doing your part to help shape a better future!

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By: did Trump really incite jan 6 insurrection ? https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170825 Tue, 29 Oct 2024 11:34:57 +0000 https://www.asylumist.com/?p=11499#comment-170825 I say this as someone who will not support him ever.

Because, inciting is an explicit ordering, right ? Trump never explicitly ordered his supporters to do something violent. I heard his Jan 6 speech and I, at the time, thought that he was just a sore loser and was just laying groundwork for 2024. And I wholeheartedly believe (obviously cannot verify) that Trump team themselves…didn’t expect/intend the violent aftermath.

So in my opinion, his behavior doesn’t seem to cross the high bar of inciting the insurrection…I bring this, because I am worried that…Democrats have been talking about how he incited an insurrection…he is not charged with insurrection by Jack Smith…and he is not convicted of insurrection anywhere, either in the senate or in the judicial bench…So…if eventually, Trump sues the Democratic Party for defamation…and the Supreme Court ruled that…all the Democratic Party did was…witch hunting/defaming Trump for “inciting an insurrection”…that would be a huge loss for the Democratic Party…and that could lose them future elections…Kamala Harris is going to give a speech in DC today…should she say something along the line of “Trump incited insurrection” ? of which the accuracy of the statement is up for debate ?

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By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170824 Tue, 29 Oct 2024 10:14:06 +0000 https://www.asylumist.com/?p=11499#comment-170824 In reply to many people are killed.

Assuming they are proven guilty, I think all those other factors are irrelevant. Take care, Jason

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By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170823 Tue, 29 Oct 2024 10:13:08 +0000 https://www.asylumist.com/?p=11499#comment-170823 In reply to Jsuleman436@gmail.com.

We do not know, but last time under Trump, USCIS was basically gutted and the GC process slowed down. If you are eligible to apply, you could try to apply with a fee waiver, form I-912, available at http://www.uscis.gov. Also, for most people with asylum, they can apply 6 months or so after being granted asylum – I wrote about that on February 6, 2023. Take care, Jason

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By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170822 Tue, 29 Oct 2024 10:11:38 +0000 https://www.asylumist.com/?p=11499#comment-170822 In reply to CB.

The point – at least my point – is not that the mother is doing something wrong. But her view of the overall situation is incorrect. She is only seeing the negative side, which is understandable, but there is a very large positive side that she is discounting. I understand her perspective, but from a policy standpoint, we should not only look at the negative. Finally, those Venezuelans are not “illegal immigrants.” They applied at the border for asylum and were admitted under the law (INA 208). In the layman sense, they might be considered “illegal,” but that is not a term in the law. Take care, Jason

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By: Jason Dzubow https://www.asylumist.com/2024/10/23/an-asylum-lawyer-responds-to-alexis-nungaray-mother-of-a-child-killed-by-illegal-migrants/comment-page-1/#comment-170821 Tue, 29 Oct 2024 10:07:44 +0000 https://www.asylumist.com/?p=11499#comment-170821 In reply to DILEMMA.

I think you have to list the countries you want to visit on the I-131 when you apply for AP. You should not lie, but it is better to not mention the COP (and of course, it is better to not go to the COP). I would try to find a third country to consular process and list that on the I-131. If it does not work out and you have to go to the COP, you could still do that – you are not limited to only visit the countries you list on the form. However, you do not want to be accused of fraud, and so you should have evidence that you attempted to consular process in the third country if you are ever asked about that. Take care, Jason

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