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.
The organization behind the target list is called the American Accountability Foundation, which apparently receives most of its funding from the conservative Heritage Foundation. The AAF styles itself, a “government oversight and research organization that uses investigative tools to educate the public on issues related to personnel, policy, and spending.” It is led by Tom Jones, and a team “comprised of researchers, analysts, and former legislative and campaign staffers with decades of experience holding policymakers accountable for their actions.” No members of the “team” are named, which seems a bit odd for an organization that purports to care about accountability.
Reviewing the list of AAF “targets,” a few points stand out. First, it is very easy to selectively post information about a person to create whatever narrative you want. In one example, an Assistant Chief Immigration Judge who previously served as a clinical professor in law school is accused of assisting immigrants to “game” the system and of “helping to create the next generation of liberal activist immigration lawyers.” AAF cites no evidence whatsoever to support its contention that the judge “gamed” the system while she was a law professor. Clinical professors help their students learn about the law by working on real-life cases. It is how students become lawyers, and has nothing to do with creating “liberal activists.”
The AAF analysis is also an object lesson in distorting data. For example, another IJ appears on the target list because he grants 67% of asylum cases. According to AAF, “while immigration judges across the country denied 60.6 percent of claims on average, [this judge] denied only 32.2 percent of claims – a staggering difference from the average.” However, whether this judge’s grant rate is unusual depends on many factors, including whether he reviews detained cases (he doesn’t), which have a much higher denial rate than non-detained cases. Because some judges adjudicate many detained cases, they have lower approval rates, which drives down the average. For this reason, most judges who only hear non-detained cases will have an above-average approval rate. In addition, whether a judge’s denial rate represents a “staggering difference from the average” depends on the distribution of grant rates. In this particular IJ’s court, his approval rate is above average, but it is not an outlier (the only outliers are two IJs whose grant rates are less than 6% and one whose grant rate is more than 82%).
Another AAF target is an Associate Counsel at USCIS who, when she was a law student, supposedly “coached asylum seekers on how to perform better in their ‘credible fear’ interviews.” The implication is that this person helped asylum seekers cheat the system, but again, there is zero evidence to support this contention. Law students engage in volunteer work. It happens all the time and it is how they learn to become good lawyers (and good citizens).
Other targets include: a pro bono coordinator at EOIR, who helped secure attorneys for vulnerable migrants (according to AAF, “When illegal aliens are armed with a cadre of free lawyers, they are able to clog the system with meritless claims”); an ICE officer who has been “working to expand engagement with the community and immigration advocates” (AAF: “Collaborating with left-wing immigration groups cedes the initiative to these groups to continue hampering the important functions that ICE carries out”); and a USCIS attorney whose “sins” were volunteering with a legal aid society three decades ago, and donating $100 to a New York politician (in 1999) who was later convicted of corruption. There’s more, but I think you get the idea.
Finally, of the 60 AAF targets, 38 are women. Put another way, 63.3% of the “targets” are female. Compare that to DHS’s workforce, which is 31.9% female, and to the Justice Department’s workforce, which is 39.3% female. Based on this data, women appear on AAF’s target list at roughly twice the rate we would expect given the two agencies’ employee makeup. As AAF might say, this difference is “staggering,” and I think it’s fair to ask: Why is AAF disproportionately targeting women?
As the new Administration prepares to take charge, it seems they will use every means at their disposal to target non-citizens. Sadly, they have no appreciation for the benefits we as a country receive from asylum, and no compassion for people fleeing persecution. They also have no respect for the dedicated government workers who have devoted their careers to serving our nation and protecting human rights. While I know it will be difficult, I hope that our public servants will remain in their positions. They are one of the few bulwarks left to protect our immigration system and our democracy.
I see such “initiatives” against Boston Government members after Michelle Wu’s brave announcement earlier.
It is so upset.
Sorry, I do not know about that. Take care, Jason
Hi,
I won my asylum case in April 2022 and applied for the Green Card exactly one year later. At that time, the USCIS processing time on their website said, “80% of cases are completed within 24 months.” A year later, in March 2024, they asked me for the medical examination, which I sent in May 2024. At that point, I checked the website again, and it showed that the processing time had decreased to 16 months, and I could send an inquiry in October 2025.
Yesterday, I checked again, and now it says: “The earliest you can submit questions is January 02, 2025. Please do not contact us before this date.” What does this mean? Does it imply that I’ve already waited about 640 days? Is there a chance I might receive my Green Card before next year, or will the holidays and Christmas slow down the processing? Also, if I send a message after January next year, will that help speed up my case or move it forward?
Thanks
The processing times seem to be pretty rough estimates (i.e., guesses) about when to expect a decision, and there is no real way to know precisely when you will get the GC. Things do slow down during the holidays, but certainly, it is possible to get the GC then. If there is nothing by early January, you can inquire with USCIS through their website. If that does not help, after a couple months, you can inquire with the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases (but you have to inquire first with USCIS). Take care, Jason
Good evening Jason, any idea what it means if an asylum case status changed on the website from “Decision is pending” to “Application is pending”?
I don’t think the messages like that on the website have much meaning. The case is pending. If you want to inquire about the decision, I did a post with some ideas on June 2, 2021. Take care, Jason
Hi Juan,
Would you please share when did you file your asylum and when you get interviewed if you don’t mind to share ?
I was interviewed in Feb 2023, and my status also changed to Application Pending since September but nothing happened. I agree with Jason, and I was thinking that I may get my decision but I did not.
Hello Jason and asylum community,
Today I just want to share a good news with you, this is my 10 years journey:
Applied for asylum 2016
Interview after the writ of mandemous 2023
Granted asylum July 2023
Applied for adjustment of status Jan 2024
Green card Dec 2024
Congratulations! It is nice to hear some good news – Thank you for sharing, Jason
Congrats Nicki
Just a quick question plz , Sis u had a green card interview ?
Thanks
@NAB
Thank you, no I didn’t have an interview for the GC.
Thanks for responding
Does Online GC application based on asylum is faster than paper one or it doesn’t really make any difference?
I am not sure if it is faster, but I highly doubt it will be slower. It is also a little less expensive. Take care, Jason
Hello
I recived an email that my interview is scheduled, old case, anyone has an idea how long will take for the actual mail to arrive. Nyc
Thank you
It is usually pretty fast – a few days or a week. Also, you may not have much time after that until the interview, so make sure your case is ready to go, and you have any additional info available to submit to the asylum office – in most offices, evidence is due one week before the interview, but I am not sure about the rule in NYC. Good luck, Jason
Good evening
Thank you so much for your reply and advice. Really appreciate it.
After I got email notification that my interview is scheduled, I got mail after 10 days. My interview was scheduled exactly 30 days after email notification. Chicago office. I applied for asylum in 2016, had interview Sept 2024. No decision yet
Thank you Angelia.
Hello Jason,
I applied for asylum back in 2014. Two years later I had an interview and after some time the answer was not positive and I was redirected to court. Since then, my court was rescheduled 4 times and the fourth time they appointed a master hearing again. And now I am thinking of transferring my case to Chicago from Omaha. And here I need your advice. Will Chicago be a good place to finally get approval, will the arrival of a new president affect the time of consideration of cases and what are the chances that the judges will approve the case?
You can Google “TRAC Immigration Judge” and find the data about immigration judge approval rates in each court. Maybe that will give you an idea about your judge (newer judges do not appear on the list). If you have a difficult judge, then moving may be a good idea. Also, I expect the new administration to make the asylum process more difficult, and so depending on why you need asylum, it may become harder. For example, if you fear domestic violence, the Trump Administration will likely restrict asylum on that basis (they are limited in what they can do, but last time, the made it more difficult for domestic violence victims). You might talk this through with a lawyer, but for me, I generally only advise people to move if they have a very bad judge or if they just want to move for purposes of their job, family, etc. Take care, Jason
I see that USCIS requires applicants to send their medical exam with the application for green card. Jason, could you please tell where tp scheduled such exam? Do I have to go with the forms for the doctors to fill out? what about the vaccines, can I refuse some of them? Iff I refuse a vaccine would my application be denied because of that?
If you check form I-693, available at http://www.uscis.gov it provides a link to the list of physicians who can fill the form. You must use a doctor from the USCIS list. Vaccines are required, but there are exceptions for religious and moral reasons. I believe this is discussed in the instructions to that form. The doctor’s office might also be able to provide some advice about this, as they should be familiar with the rules for the form. If not, you can discuss with a lawyer, as a case could be denied for failing to complete the exams and not providing evidence that you meet an exemption to the vaccines. Take care, Jason
Hi Jason, thanks for spotlighting this issue.
I was called for a second interview at USCIS asylum center after the initial one. They did not even discuss the merits of the case, as I believe they agree that I meet the requirements since I’m an atheist from a Muslim country where apostates are executed, and I provided plenty of credible evidence. However, this interview focused on the fact that as a teenager, I wrote in the form that I attended lectures run by an Islamic organization that is moderate in my country and even has some presence in the U.S., but has extremist factions in some Islamic countries. I mentioned in the form that my father was a leader in the group and was detained for being so by the dictatorial regime back when I was a child. I felt I was being punished for my credibility. What do you think is the worst outcome or next steps? I do believe they agree with me on the merits, but this issue came up
Unfortunately, the government’s definition of terrorism or a terrorist group is overly broad, and the asylum office interprets things even more broadly, to include victims of terrorism. I was recently hired for a case where the person was a lawyer representing accused terrorists in his country and so the US government accused him of supporting terrorists. In any event, your involvement sounds very tangential and also, maybe you were a minor at the time. If you have any evidence that the group did not engage in terrorist or extremist activities in your home country or that the school you attended was not really part of the larger group, maybe you can submit that as additional evidence, if you have not already done so. Otherwise, I think there is nothing more to do, and hopefully, they will not use this as an excuse to deny (if they do, this is the type of thing that often gets corrected in court, but it would obviously be better to avoid that). Take care, Jason
My case was almost the same and my asylum was granted
Hi Jason,
Thank you for always being with us and we always take you valuable time for answering our questions.
I sent inquiries to USCIS, and they replied that they forwarded my email to supervisor assigned to the case( my case is in HQ).
My brother who used to work with US ARMY, and currently work as an engineer in Congress, is telling me that if he can also send an email to them just to tell them how much I am suffering and stressing about this long wait. Is that something positive or negative ?
My wife who is also a permanent resident through SIV visa telling me that she also wants to send an email to them.
Your family members want to send an email to the asylum office? If so, I would just have them write letters and you or your lawyer can send those to the asylum office. I doubt very much that will make a difference in terms of getting a decision, but it won’t hurt. Also, if a Congress person directly contacts the asylum office, that my help, and so if your brother has a connection like that, it might be worth asking. If nothing else works, you can file a mandamus lawsuit in order to force the asylum office to give you a decision – we wrote about that on October 2, 2018. Take care, Jason
https://www.nbcnews.com/politics/donald-trump/trump-aims-end-birthright-citizenship-says-american-citizens-family-il-rcna183274
Trump aims to end birthright citizenship, says American citizens with family here illegally may be deported
“We have to get the criminals out of our country,” Trump said, later adding: “But we’re starting with the criminals, and we got to do it. And then we’re starting with others, and we’re going to see how it goes.”
Asked by Welker, “Who are the others?” Trump responded, “Others are other people outside of criminals.”
https://www.reuters.com/world/us/trump-says-he-aims-deport-all-immigrants-us-illegally-2024-12-08/
Trump aims to deport all immigrants in the US illegally
Trump aims to deport all immigrants in the US illegally over four years
Open to deal to protect ‘Dreamers’ brought to the US illegally as children
Trump says he would try to end birthright citizenship immediately
WASHINGTON, Dec 8 (Reuters) – U.S. President-elect Donald Trump aims to deport all immigrants in the U.S. illegally over his four-year term but wants a deal to protect so-called “Dreamer” immigrants, he said in an interview that aired on Sunday on NBC News’ “Meet the Press with Kristen Welker.”
Trump also said he plans to take executive action on his first day in office to try to end birthright citizenship, which confers citizenship on anyone born in the U.S. regardless of their parents’ immigration status.
Fortunately for immigrants and all of us, the President does not have the unlimited authority to do whatever he wants, even if Mr. Trump thinks that he does. Take care, Jason
Hi Jason, I hope you are doing well, İt’s been 11 months I applied for adjustment of status based on granted asylum and I see other people with the same situation that applied after me, they got their green card! Do you know how they prioritize cases? Is it based on application date or random?
I do not know how they prioritize those cases, but most such cases that we see take 1 to 2 years. You can check processing times at http://www.uscis.gov, but I suspect your case is still within the normal processing time. As far as I have observed, there is no reason to worry that some people’s case may have gone more quickly. Take care, Jason
Mine has been ending way longer than your and I have also seen those who applied after me get theirs approved. I just think that they are very lucky or USCIS likes their names and faces.
Hello Jason,
I am a dependent green card holder. I initially came to the U.S. on a student visa and later got married. In my case, my husband is the primary applicant for the green card.
My parents have tried applying for a U.S. visit visa twice, but both attempts were denied:
1. First Attempt: My green card was still pending, and the consulate denied their application, stating that I did not yet have a green card.
2. Second Attempt: During the interview, they asked my parents how I came to the U.S. and how I obtained my green card. My parents explained, in our native language, that I came to the U.S. on a student visa and later applied for asylum as a dependent.
It’s worth mentioning that my parents have never traveled outside our home country before. I am unsure if something I said or did caused the issue, but this situation has left me very sad.
If my parents visit my sister in the UK first and then apply for a U.S. visa again, do you think it might improve their chances of getting approved to visit me?
I would appreciate your advice on what steps we can take to address this situation.
Thank you,
Ashna
I guess I am not sure I understand the question. Are you a dependent on your husband’s asylum case? If so, your asylum application might cause the US embassy to think that your parents will come here and seek asylum also. That said, I do not think this would be a likely reason for the visa denial. They cannot benefit from your dependent status, and the fact that your husband needs asylum does not necessarily mean that you (or your parents) need asylum. Maybe they will have a better chance to get a visa at the US embassy in the UK, but if they plan to apply there, it would be best to do that before Trump takes offices and makes visa applications more difficult. You might also talk to an immigration lawyer who does non-immigrant visas to come up with some ideas to make their application stronger – they need to show that they will return to their country at the end of their stay, and so if they have evidence of other family members in the country, jobs, property, etc., that will increase their chances of getting visas. Take care, Jason
Dear Jason,
I hope this message finds you well.
I have a friend who was granted asylum based on religious grounds. In his I-589 application, he disclosed that he had been arrested and detained in his home country. He explained that the incident involved being taken into a police car and held at a police station until the following morning. However, no formal arrest or detention documents were issued to him, as such practices are informal and arbitrary in his country.
In his I-485 application, he indicated that he had not been arrested or detained. He has since obtained a Green Card. My question is: when applying for U.S. citizenship, how should he answer questions regarding arrests or detentions, given the previous context?
Thank you for your guidance on this matter.
Best regards,
Joshua
This is a bit tricky – if he thinks this was not a lawful arrest, probably his best option is to state that he was not arrested. However, he should circle the question, and next to that write “see cover letter”, and explain what happened in the cover letter (alternatively, if he files electronically, he can note the question number and provide an explanation. The problem is that he wrote “no” on the I-485 and so USCIS may ask him about that, especially under the new Administration, which will be harsher than the Biden Administration. He will need to be able to explain why he wrote “no” on the I-485. It sounds like he can explain this. Maybe he wants to wait some months to see how harsh the N-400 process is becoming. He can always delay applying for citizenship if things are very bad. As I see this, it sounds like he can explain what happened, but since we do not know how bad things will be, he will have to decide how important it is for him to apply for citizenship now, or whether he wants to wait for a while to see how things are under the new Administration. Take care, Jason
well Jason, I have a similar issue and reached out to three different lawyers, plus I even inquired here. They all indicated that it’s not a significant concern since you can clarify it to the officer during the N-400 interview or even include a written explanation with your application. As long as you disclosed it first and elaborated on why you responded the way you did to that question, it’s not considered fraud! To summarize, it’s really not a major issue with trump administration or Biden administration, and there’s no need to stress or delay your citizenship application over it.
I think that was correct for the Biden Administration, but we do not know how the Trump Administration will examine citizenship applications. I suspect it will be fine, as long as you inform them up front, but we will have to see how the new Administration is running USCIS to know for sure. Take care, Jason
So technically even you say YES , it’s not a mistake? The only arrests i had was unlawful arrests in my COP.
Are those questions just a trick questions to catch you??
Question about working without authorization and etc?as I understood a lot of them don’t bar you from getting GC under asylum.
I don’t think they are intended as trick questions, but many questions are not amenable to a yes/no answer. In that case, you give the answer you think best and then provide an explanation in the cover letter or at the end of the form. As long as USCIS does not think you are trying to hide something, you should be fine. Also, unauthorized work would not normally be an issue when an asylee files for the GC. Even if USCIS wanted to give the person a hard time, the person could file for a waiver under a law called INA 209(c) and would almost never have an issue getting the GC. So in short, I would not worry about unauthorized work, but you do need to reveal it, since you could get in trouble if USCIS thinks you are hiding that unauthorized work. Take care, Jason
What about visa violations? I would assume that majority of people who entered in the US by visa and overstayed, violated it, how big of the problem that can be??
As long as you disclose it in the I-485, you should be ok (though I suppose if a more serious type of fraud were involved, you would need a waiver). The main issue with these small violations is that people forget to disclose them in the I-485 and then USCIS accuses them of hiding it. Take care, Jason
Hi Jason,
I was granted asylum in court in 2021 and had my green card interview this past Monday. During the interview, the officer reviewed my application and asked basic questions about my addresses, work history, and other information provided in the application.
I know it can vary, but typically, how long does it take to receive a decision after a green card interview?
Thank you.
The interview sounds normal. Wait times after the interview can vary a lot, and some people have long delays, but most of my clients seem to get a decision soon after the interview – usually a week or a few weeks. Take care, Jason
Hello Jason,
I’m going to be eligible to apply for my citizenship in Nov 2025, my gc was given based on Asylum application, my question will I still be eligible for citizenship if my home country situation has changing and the basis of my asylum case is no longer exist ?
Once you have the GC, it should make no difference whether conditions in your home country improve, so you should be fine. I do think you should have copies of your prior applications (I-589 and I-485) and review those before you complete the N-400 naturalization form, as you want to me sure everything is consistent. I expect the new Administration will be looking very closely for inconsistencies and excuses to deny applications. If you do not have your old forms, you can file a Freedom of Information Act request to get them – there are links under Resources for that: FOIA USCIS and FOIA EOIR. Take care, Jason
Hi Jason,
My brother and his wife fled from our home country fearing persecution and constant threats to their lives. They now reside in Turkey but unfortunately Turkish government is already swamped with refugees from other countries and are not providing any asylum status for refugees like him. I am an American citizen and I wanted to file a humanitarian parole for him and his family ( they are a family of 4 ). However, as you are aware filing humanitarian parole is not free, the filing fee per applicant is $630, which means I will need to invest $2,500+ for all 4 of them. Knowing that Trump’s second term is about to begin very shortly, do you think it is a wise decision if I invest on this and file for humanitarian parole for them or do you think I will be just throwing the money away because Trump might consider stopping this humanitarian parole program? What are your suggestions.
Thanks for all the work that you do.
I do not do such cases, but from my understanding, the program is not really working now, and I suspect it will not be functioning under the Trump Administration. I would recommend you find a lawyer who does such cases and get a consultation. Also, it may be worth them trying to apply for a visa to the US now, before Trump comes into office. While that is probably a long shot, it is not so expensive and it can happen quickly, depending on the consulate. You might also talk with a lawyer who does such cases to see if there are ways to strengthen their application. Good luck, Jason
Hi Jason,
I am applying for renewing my EAD card with your office. I will move from my current address at the end of March 2025. Do you think it will be safe to put my current address and then apply for change of address once I move from here ? And just to confirm it, I will walk in to asylum office in Arlington at that time as well just to be sure that they changed my address.
Or I should find a different permanent mailing address from my friends, which is very less likely for me as well to find someone reliable.
Thank you
It is better to not move while the case is pending, but if you do move, you can file a change of address form to update your address. You will need to do that for the pending asylum case as well. Take care, Jason
Hello Jason,
I have a master hearing scheduled for next week in Virginia, and I reached out to my attorney to get more information about what to expect. She informed me that I can participate online, and that I don’t need to attend in person, if it doesn’t get canceled. Is this information accurate? can a master hearing get cancelled?
Master Calendar Hearings sometimes get canceled – some judges prefer that the lawyer just submit everything in writing rather than answer questions orally. Also, sometimes, lawyers can ask to do the hearing in writing. Otherwise, if it goes forward, you will need to attend. I wrote about what happens at the Master Calendar Hearing (and beyond) on March 7, 2018. Take care, Jason
Hi Jason,
I have been in the immigration process as an asylum seeker for 8 years. I got my asylum, applied for my family members (wife and children) to join me. They came last December 2023. Now it’s time for them to apply for adjustment of status (Green Cards). My questions are:
1) How much fees do they pay for the green card?
2) I read somewhere that they can use their Medical Examinations and vaccination documents they took before they do interviews at the embassy in place of Form I-693 (Medical Examination) by a civil surgeon. Is this correct? The information is contained in the following website
https://www.boundless.com/blog/uscis-mandates-form-i-693-submission-with-green-card-applications/
1 – You have to check the fee chart associated with form I-485, available at http://www.uscis.gov. Most adults pay $1440, but check the chart. Also, for children under 14, they can pay a lower fee if they file with their parent. If the fees are too high, you might look at the fee waiver, form I-907, which allows some people with a low income to avoid the fee. 2 – I do not know about that, but as far as I know, the web site you are referencing is reliable. I would also double check the I-693 instructions directly (at http://www.uscis.gov) to see what that says. Take care, Jason
Hi Jason,
Can someone serve the summons to a defendant as a pro se plaintiff? Or it has to be done by a third party? Thanks
I don’t know about that, sorry. You can ask the court clerk for the court that issued the summons – they should know. Take care, Jason
Hi Jason and Everyone,
Is it a good idea to attach applicant’s job letter and last few years income tax returns to the evidence documents for the interview?
Please reply as soon you could,
Thanks in advance.
We normally include evidence of the person’s job, such as offer letters, but we normally do not include the taxes. Some lawyers do, as paying taxes is a sign of good moral character. I just think it is not needed and it has never hurt one of our cases. So basically, it is up to you. Take care, Jason
https://www.msn.com/en-us/news/opinion/some-migrants-anticipating-trump-s-policies-are-already-turning-back-home-report/ar-AA1vhdO9?ocid=msedgntp&pc=LCTS&cvid=71360223621d426794ee2cf1e3d44c64&ei=11
Some migrants, anticipating Trump’s policies, are already turning back home: report
sounds good!! let trump clean the country from these illegals and fake asylum seekers and may the good ones who deserve it get approved and remain in the country!!! make America secured again!!
By trying to purge civil servants with broad and diverse knowledge of the law, it will not be possible to distinguish between “real” and “fake” asylum seekers, it will weaken our democracy, and damage our economy. Worst of all, arbitrarily turning away needy people and trying to frighten them harms those people and erodes our nation’s moral fabric. It is said that America is great when America is good, but I wonder what America will be when it is not good. Take care, Jason