Late last Friday evening, the Trump Administration issued an Executive Order targeting lawyers–and specifically immigration lawyers–who “engage in actions that violate the laws of the United States or rules governing attorney conduct.” The order is part of a broader push by the Administration to target law firms that stand in the way of its agenda, and is aimed at intimidating attorneys and preventing us from doing our jobs.
What effect will this EO have on the legal profession, and how will it affect immigrants and asylum seekers?
It’s worth quoting the relevant portion of the EO in full–
The immigration system — where rampant fraud and meritless claims have supplanted the constitutional and lawful bases upon which the President exercises core powers under Article II of the United States Constitution — is likewise replete with examples of unscrupulous behavior by attorneys and law firms. For instance, the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims, all in an attempt to circumvent immigration policies enacted to protect our national security and deceive the immigration authorities and courts into granting them undeserved relief. Gathering the necessary information to refute these fraudulent claims imposes an enormous burden on the Federal Government. And this fraud in turn undermines the integrity of our immigration laws and the legal profession more broadly — to say nothing of the undeniable, tragic consequences of the resulting mass illegal immigration, whether in terms of heinous crimes against innocent victims like Laken Riley, Jocelyn Nungaray, or Rachel Morin, or the enormous drain on taxpayer resources intended for Americans.
That’s a lot. But a few points stand out.
First, although Mr. Trump and his supporters have long claimed that the asylum system is rife with fraud, there is no real evidence to support this contention. EOIR (the Executive Office for Immigration Review, the office that oversees the Immigration Courts) does not publish statistics about fraud, and my suspicion is that judges rarely conclude that a case is fake. In my 20+ year career, I’ve only ever had three or four cases (out of many hundreds) deemed fraudulent, and I expect that my experience is not unique. The legal standard to show fraud is quite high, and just because an asylum application is denied does not mean that it is fraudulent.
Second, the idea that immigration attorneys coach our clients to lie is also not supported by evidence. Lawyers have invested a lot in their profession: Four years of college, three years of law school, taking the bar exam, maintaining their licenses. Most would not risk all that to help a client lie. And that’s particularly true of pro bono (free) lawyers, who tend to be selective about the cases they take and have no incentive to help clients cheat.
Also, as I have written before, the claim that asylum seekers are coming here to commit crimes is an utter lie. Repeated studies have shown that immigrants commit crimes at significantly lower rates than native born Americans. Immigrants also contribute in many ways to their communities, including disproportionately to our country’s health care system, which literally saves many American lives.
What will this Executive Order do?
For me, the answer to that question is unclear. Normally, attorney discipline is enforced by state bar associations, and the federal government has no power over these organizations. The feds could bring a complaint to the state bar, but that would be adjudicated by independent members of the bar, who presumably would not rubber stamp allegations from DHS (the prosecutors in Immigration Court) or EOIR, particularly where these agencies are acting maliciously.
EOIR also has its own disciplinary counsel, which “investigates alleged misconduct associated with practice before EOIR’s immigration courts and the BIA.” After an investigation, an attorney could be barred from practicing before the Immigration Courts. Attorneys can also be referred for criminal prosecution. How long these investigations take and what resources EOIR has for discipline, I do not know, and so it is difficult to evaluate the level of threat from the disciplinary counsel.
What will this mean for asylum seekers and immigrants who need representation?
One possibility is that the EO will intimidate lawyers and cause them to shy away from weak cases. I suppose it could also cause lawyers to leave the profession. Overall, though, I doubt that EOIR has sufficient resources to investigate and litigate many disciplinary cases, and any targeted attorney will likely fight hard to maintain their license. Even so, the EO is one more way that the practice of immigration law is becoming more burdensome and thus more expensive, and this will make it more difficult for non-citizens to afford the legal help that they need. In other words, even if the EO is not that effective, I fear that it will be effective.
It’s clear that our country’s democratic institutions are under attack. The EO is just one manifestation of that campaign. As William Shakespeare noted four centuries ago, if we kill all the lawyers, lawlessness and tyranny will thrive. Immigration lawyers are now on the front line of this fight, and we must stand firm.
There is an ethical measure that I want to propose to the asylum advocate community:
So…would it be an ethical choice for asylum advocates to…NOT take cases where:
the applicant will be able to win even without a lawyer OR the applicant will lose even with a lawyer.
I think an asylum lawyer’s talent is best utilized, when an applicant will lose without a lawyer but will win. with a lawyer…
By turning down clients where help from a lawyer is unnecessary or won’t cross the threshold of a grant, the asylum advocates’ workload can be cut by two thirds. This is a lot of resource freed up for people who really need the help and for whom the help can actually make a difference.
What could go wrong for me, holder of RTD but green card still pending, when I’m coming back to the US after short international travel?
No criminal record. Only a month outside the US. Let’s say the officers don’t like me for some reason. Can they deport me? Or is it that they have to send my case to an immigration judge nd let me in the country? Can I be detained in prison?
Hello Jason. My green card still pending since I applied 17 months ago. I was granted asylum aeound 2 yrs ago. Will they backdate it to asylum approval date? I need the valuable time to count towards my Naturalization. Thank you
Hi Nina, once your Green Card is approved, they will backdate it to the approval date. İt’s based on your Green card approval date not asylum approval date.
I have a question about Green Card application fees:
How much does a derivative asylee (relative of the principal asylee: spouse or child) pay for a green card? A principal asylee pays $1250,00. Some people say a derivative asylee pays $250 for Green Card. The immigration fee chart doesn’t clarify this. I need help from anyone who has done it or knows it better
Thanks
Prosper
Hi Prosper,
The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,440. However, there are reduced fees for certain applicants under the age of 14 ($950), and there are also situations where the fee might be waived entirely.
I live in upstate new york and new york asylum office denied my i-589 asylum but now instead of ny immigration nyc i got my case referred to in buffalo immigration court. Nyc has the one of the highest approvals but buffalo has low approval ratings. My father lives in manhattan and i have moved with him now. Can i ask immigration judge to change my venue from buffalo to nyc. My master date is in start of may 2025. Like a month from now . Ot its too late now or i wait till master hearing and tell judge in hearing that i moved and change my venue .
I need to know from where do they count the 5 years for citizenship for an asylee. Is it from when someone was granted asylum or when the asylee became a permanent resident?
Example, I got my asylum in November 2021 five years later will be November 2026. On the other hand, I became a permanent resident in February 2024, five years later will be 2029. Which is my exact year of applying for citizenship between the 2 years (2026 or 2029).
Thank you
I have a question about Green Card application fees:
How much does a derivative asylee (relative of the principal asylee: spouse or child) pay for a green card? A principal asylee pays $1250,00. Some people say a derivative asylee pays $250 for Green Card. The immigration fee chart doesn’t clarify this. I need help from anyone who has done it or knows it better
Thanks
Prosper
Jason. Thank you for all your efforts!
As someone with a pending asylum case, I have a valid work authorization and a state ID. The state ID says “limited term” on it, but with a star. I assume it’s a valid ID. Can I fly domestically with it? Appreciate your feedback. Thank you.
On May 7th, 2025 TSA will require state IDs to be REAL ID compliant. The star probably indicates that the ID is REAL ID compliant, but no one can tell you for sure isince you didn’t specify what state it is. I recommend you check the link below and with your ID card issuing state DMV/agency to be sure.
https://www.dhs.gov/real-id
I am not sure about that, and I think you will need to check with the airline or their website. But a valid work permit should work, or a valid REAL ID ID. I would check with the airline or the TSA website to be sure. Take care, Jason
Hello,
What is the best way to stay informed with Trump’s EOs? And how to find out EOs that are related to immigration or specifically Asylum? I googled and found this:
https://www.whitehouse.gov/presidential-actions/
Is this the best way?
Thank you very much
That is a good way. There is also this website:
https://www.aila.org/immigration-news
If you scroll down a bit, there are daily news clips about immigration. Take care, Jason
hi jason. as you may have heard a turkish student recently got arrested for participating in a protest. i don’t know the details of that story (maybe she was violent) but do you think this can affect asylum seekers in the us who decide to protest their country of origin’s government on the US soil or any protest?
i’ve participated in a small pro ukraine protest before and now i’m worried that this can be a basis for denial.
I saw the video and it looked more like an abduction than an arrest, and I think it was because she wrote an op ed (though maybe she engaged in other activities as well; I have not followed it closely). I think such arrests are targeting students who protest Israel, though I do think there is one example of an anti-Putin journalist who was arrested, but I know no details of that story. In short, I doubt attending a pro-Ukraine protest will have any effect, or that the US government would even know about your attendance. Unfortunately, the First Amendment free speech rights of non-citizens are under attack, and so you will have to balance the need to protest against the increased risk of a problem. Take care, Jason
Hi Jason, what amount of time is considered an unreasonable delay for a green card based on asylum, before one files a mandamus lawsuit?
i’m not a lawyer but ive heard that cases that have been waiting for 2 years and more have the most chance of success
I have heard two years, but talk to a mandamus lawyer, as different people have different practices and different parts of the country also may be different. Take care, Jason
Hi Jason,
Do you have any additional info about Green card news based on asylum and refugee? CBS was the one who posted it, but there are 0 information from DHS or USCIS besides CBS original post….also there is 0 information about who is affected….all applicants, recent applicants, applicants from “banned countries” or so called “Biden’s parolees” ….
As far as I know, there was no announcement about the “pause” from the US government. We don’t know if all asylee and refugee applicants are affected, if it only affects “banned” country people, how long the pause will be, or much else. Take care, Jason
Hi Jason, could you also write an article about the recent news that Trump administration paused some green card applications as part of aggressive vetting effort? Which category of applications will get affected? Thank you for your time and help explaining the process to us.
We don’t know much about this – we don’t know if all asylee and refugee applicants are affected, how long the pause will last, etc. If I have more info, I may write about this, but at the moment, there is not much to say as I do not have any info. Take care, Jason
Hi Jason,
I was waiting almost 9 years to be granted by IJ, and when i was referred to the court it took two years my individual hearing postponed cause background check was not ready and i sent my I-485 last year July, 6 months after being granted, my question is again i have to wait years to get green card for putting hold on i-485, that means they do not want any immigrant in this country and they just want to kick us out how many times we need to be hold on each step of this journey to become a citizen, its so sad.
It is a disgrace and the “pause” will accomplish nothing except to harm people, which is their intention. That said, we do not know how long the pause will last or if it will affect everyone equally. We will know more as time goes on, but hopefully, your case will get processed. If the delay is too long (maybe 2 years), you might consider a mandamus lawsuit, which is a way to force USCIS to do its job and process your case. Hopefully, that will not be needed. Take care, Jason
Hello Jason,
Thanks so much for all you do. I have been waiting for an Asylum interview since 2019. It’s been very stressful waiting. My country of origin was designated for TPS by the Biden Administration and it recently appeared on the list which circulated concerning Travel Bans. I have a 13 year old USA son.
1. If the Trump administration refuses to renew TPS how much of a trouble will I be in? I applied for affirmative Asylum years before TPS was approved for my country.
2. If Trump deports us, will there be a chance that my son can petition for me when he turns 21?
Thanks so much for your support
1 – I think you will not be in any trouble. You will still have a pending asylum case and can stay here, and get a work permit, based on that case. 2 – I think you are a long way from being deported, but if you end up in immigration court, you would want to have a lawyer assist you, so that if you do have to leave, you can try to get “voluntary departure,” which will make it much easier to return to the US based on a petition from your son (and also, there are other forms of relief available aside from asylum, such as Cancellation of Removal, and you would want to talk to the lawyer about your eligibility for these). The asylum process, court process, and appeal, all take a long time, and so by the time you work your way through the system, even if you lose at every step, your son may be close to the age where he can petition for you. Take care, Jason
Hi Jason,
I have had a pending asylum case since 2016 (I entered the U.S. on an F-1 visa but did not attend school immediately due to financial issues). In 2023, I married a U.S. citizen and applied for adjustment of status through concurrent filing of I-130 and I-485. While my I-130 was approved, my I-485 interview has been scheduled. Do you think my pending asylum case could affect the approval of my marriage-based green card?
Hopefully, the I-589 and the I-485 are consistent with each other (and with other forms you filed). I would review all that and if there are inconsistencies, you should prepare an explanation to present at the I-485 interview. It is better that you tell USCIS about any issues, rather than waiting for them to ask you. Assuming you are eligible to adjust (and it seems you are, unless you have a criminal record or maybe a prior deport order), you should be fine. If the GC is approved, once you have it, you can ask to withdraw the asylum case. I wrote about that on December 7, 2022. Take care, Jason
Hi Jason, I’ve had a pending asylum case for over 6 years and keep hearing stories of ICE detaining immigrants—even those with pending cases or adjusting status. I’ve asked a few lawyers, but no one can say for sure that it can’t happen, even for people like me with no criminal record who entered the U.S. over 2 years ago. Have you heard of asylum seekers being detained in this situation? What does the law actually say?
Under the law, the government has a lot of power to detain a person. However, someone in your situation would normally be eligible for a bond or release on your own recognizance (assuming you do not have a criminal record). I have not heard about someone who has been here for 2+ years and who has a pending asylum case being detained. I have an asylum-seeker client who entered at the border, who was here for less than 2 years, and who failed to attend an ICE check-in. We rescheduled him for another check-in and I was fearful he would be detained, but he was not detained. That said, the short answer is that we don’t really have good data on who is being detained and how many people are being detained. I think for someone like you, the risk of a problem is very low. Nevertheless, it is a good idea to get your asylum case in order, so that if anything happens, you are ready to present the case if you need to do that on short notice. Take care, Jason
Hi Jason,
I am a permanent resident, do you recommend i always carry my physical green card with me or would a picture of it on my phone suffice?
I do have another valid id (driver license)
I think technically, you are required to carry the actual card with you, which is annoying as you don’t want to lose it. I have never heard anyone getting into trouble for only having a copy of the card, but if you want to strictly follow the rules, you should have the actual card with you. You should also keep a copy of the card, front and back, so you have that if you ever lose the card itself. Take care, Jason
Hi Jason,
I had read somewhere that during the Trump -1, there were discussions led by Miller & Co to try and prosecute some lawyers for aiding and abetting illegal immigration using 8usc 1324-1327. It wasn’t implemented maybe because of lack of support from within. It’s possible that it could be resurrected. I know there was an EO last month that mentioned that justice department needs to “look” into different organizations and prosecute them under this law. Could it be possible that they use this against lawyers such as yourself? Please be careful. Yes, in the end you may even win after a lengthy and costly legal battle, but the idea is to make the process as a punishment in order to disincentivize.
I do think they want to intimidate lawyers, and even if they lose a prosecution, it is very damaging to the individual who has been targeted. Of course, when people are unable to defend themselves against the government, individual rights have little meaning. We are in dangerous times, and it is shocking to me how many people are willing to go along with what our government is currently doing. Take care, Jason
Mr Jason.
I have a trip to France that was planned a while ago, I have an asylum basd green card and a refugee travel document, but now I’m freaking out. I have traveled with RTD five times with zero issues, but I don’t know if I should travel now? should i take extra documents? (tax return, marriage certificate with my usc wife, burner phone..etc) or should I just not travel? this is frustrating and scary.
It is frustrating and scary. A travel ban is supposedly coming soon, and if you are from a banned country, that could affect your ability to return here. You may want to wait until the ban is announced so you know whether you are affected. It is certainly better to know this before you leave the US than risking potentially being stuck outside the US when it goes into effect. Other than that, if you have a valid green card and RTD, you should be fine. I guess if you have social media that you do not want border agents to look at, maybe you want to delete that from your phone, but I have not yet heard about widespread phone searches. Take care, Jason
If filing taxes an asylum seeker waiting for interview with uscis and work permit , do i file taxes as us resident or us non resident.
It’s a good question and I am not sure. I think that the definition of “resident” is different for tax purposes than for immigration purposes, and you would have to ask a tax professional or maybe check the IRS website. Take care, Jason
Hey Rum,
Asylum seeker is considered resident for the purpose of tax filing. I did it for years. You can select resident and you will be fine. ACTUALLY IT IS CLEARLY EXPLAINED IN ONE OF THE IRS DOCUMENT. Forget which one though
Given the situation, seems like traveling w/RTD might be severely jeopardized. If they detain green card holders upon the re-entry, what would stop them from detaining asylees? Wild. Cannot comprehend what is happening.
I think it is unlikely that an RTD person or a GC holder would get detained. There do seem to be a few examples of GC holders getting detained, but I have not seen specifics to know whether there are reasons for this happening. That said, it is a scary time, as the federal government is trying very hard to harm non-citizens (and many citizens as well). Take care, Jason
https://www.yahoo.com/news/trump-administration-stops-processing-green-221803838.html
https://www.yahoo.com/news/trump-admin-seeks-more-power-194115808.html
Folks, it has started. It was never about doing it the “right” way.
Good day mr jason, my wive mom is dying and she find herself in a very difficult situation where she have no option but to go see her visit in her country of origin where she’s seeking asylum from. Im not worried about her asylum revoked if investigated as she have a very strong fgm case with strong evidence but given recent trump crackdown, she’s thinking to visit a neighboring country using her USCIS issued refugee travel document, nd then leave it there with someone and take a short direct flight to her home country to see her mom but travelling with country of orgin national ID card this time.
My question is do CPB or US government have access to passenger records on flights in other continents and are able to know about her second trip?
I do not know for sure about that, and I am not sure how you will find out. However, at some point in the immigration process, she will have questions about what countries she visited, and if she does not reveal her trip, and if they know, that could cause big problems. It is a difficult situation, but it would be much better if her mother could somehow meet her in a third country, as that will ensure that your wife is safe from US immigration in the future. Take care, Jason