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.
Dear Jason,
I moved in to the US in 2015 using a tourist visa and applied to Asylum a month after i moved here. Upon my entry, i got i-94 valid for six months, thru 4/2016. I did 2 asylum interviews and my case was referred to court in 2019 for removal proceeding.
In 2020, my company sponsored me and started perm process.
Meanwhile (while i was waiting for my court hearing date & labor certification approval), i applied to TPS in Mar 2021 and it got approved thru March 2024.
Thereafter, once i got my i-140 and labor certification approved, i withdrew my asylum case which was approved by IJ. I also traveled outside the US using i-131 received through thr TPS and
Submitted my i-485 couple of months after re-entry.
However, my i-485 application just got declined based on the following reason:
“ You failed to maintain, continuously, a lawful status or otherwise violated the terms and
conditions of your admission on or after October 2, 2015, with a visa status B2, Temporary
Visitor for pleasure.”
However, according to the company attorney, the decision is inaccurate as 245(K), allows me to adjust my status based on a lawful entry (i reentered in October 2023 using TPS i-131) and didn’t aggregate a total that exceeds 180 of unlawful presence or did an unauthorized work (which i was working via TPS).
1. Do you agree with this conclusion ?
2. We are planning to appeal the decision by submitting a motion to reconsider. However at the end of the notice, it says that i have to turn back my work authorization to USCIS office within 18 days.
I can’t stay lawfully here if i am waiting for the appeal decision? I am from Syria, can reapply for TPS again?
3. What do you suggest for me? I have been working legally, paying my taxes for 10 years, is there anyway i can do to end this unfairness?
Good afternoon,
I entered the U.S. under the Humanitarian Parole Program and have already filed for asylum. However, my case is still pending, and I have only received the receipt notice—not a biometrics appointment yet. I’m concerned that, due to the pause on applications for individuals who entered under this program, my asylum clock may have been paused as well. Could you clarify if that might be the case?
I have reached out to USCIS for information, but I am still waiting for a response. Thank you for your time and assistance!
Hi Jason,
Hope you’re doing well. I am a green card holder based on Asylum, and I recently had my day in court for a criminal charge, a traffic stop; not a crime of moral turpitude. the case was ultimately dismissed after the prosecution agreed to a ACD. We didn’t enter a plea deal and I didn’t have any condition.I have my letter of disposition . I read on multiple blogs that an ACD (Adjournment in Contemplation of Dismissal) might be considered a conviction for immigration purpose. This is very confusing because how can this be considered a conviction for immigration purposes when I was never found guilty! And the case was dismissed . I planning to apply for citizenship in a couple of month and I read those that are in my case should wait another 5 years before applying.
Hi Jason,
I hope you’re doing well. I want to sincerely thank you for all that you do for the asylum community.
I recently submitted my Asylum based I-485 for Adjustment of Status after waiting a year. However, after six months with no update, I called USCIS and was surprised to learn that a VAWA petition—filed by someone else back in 2011—has been erroneously attached to my profile. USCIS acknowledged this as a system error and informed me that my case is now pending review by a Tier 2 officer. I’ve also contacted my congressional representative to assist in resolving this issue.
Given the increasingly strict and frequently changing policies around asylum-based green cards, I’m feeling a bit anxious. I’d truly appreciate any suggestions or advice you may have on additional steps I can take to avoid further delays—or worse, a denial of my case due to this error.
Thanks
I think the first step would be to get a copy of your file. You can file a Freedom of Information Act request with USCIS and with the Immigration Court – there are links under Resources called FOIA USCIS and FOIA EOIR that might help. Then, hopefully, you will get a better idea of what is happening. You might also have a lawyer take a look at the case, or get the file for you. As long as you have the I-485 receipt, a six month delay is very normal. Such cases often take a year or more, so the time frame is not yet a concern. Hopefully, USCIS can resolve their own error, but if you have your file, you will hopefully have a better understanding of the problem and be able to give that to a lawyer or to the Congressional rep to review. Take care, Jason
Hi Jason!
I bought myself an apartment recently, and today got the USCIS some papers/notifications for the previous owner of this apartment.
I have two questions:
1)Is it ok for me to call the previous owners and just hand it to them? Or should I mark the letter as “Moved” and drop at the post office?
2)I am worried that there are two different families in the USCIS system registered at the same address. Are there any implications about it that I should know about?
1 – I think the best option here is to let the person know about the letter that is addressed to them, and maybe remind them to change their address with USCIS. 2 – I have no idea about this, and if it is an issue for anyone, it is an issue for the person who received the letter. Maybe let the person know your concern so they can deal with it. Take care, Jason
Hello Jason,
I hope you are doing well. Thank you for everything you do. I have a quick question. I have a friend who filed for asylum and got an interview call within a couple of weeks. He lives in Virginia. Is it because the Arlington office is faster, or was he just lucky?
The asylum office is doing more interviews these days, and so new cases are often getting scheduled. As far as I know, new cases are still the priority, though they are also interviewing old cases, from 2015 and 2016. Take care, Jason
I have a friend whose case has been pending at New York office but he is considering moving to Virginia. He has tried several times to get an expedited interview and added his name on the short-notice list but has not heard anything from the AO. How likely is it that he could get an interview call soon from Arlington office if he moves there?
Thank you, Jason!
Hi Max. I know you didn’t ask about it but If resources allow, your friend can file mandamus.
I had friends in Newark & New York offices who did it in last 6 months and got interview in a month after the request for Newark & 1 year for NY.
Thank you so much! Do you happen to know if mandamus is the same thing as the lawsuit?
If not, how can it be filed? And for how long does the case have to be pending in order to file a mandamus?
This would be very helpful.
A mandamus is a type of lawsuit where you sue the USCIS and ask the federal judge to order USCIS to do its job. How the case should be pending before you file depends on the type of case and the location. For example, in VA, the case should be pending at least 3 years before filing a mandamus, and 4 years is probably better. I do not know about NY. Take care, Jason
I mean if you are suing the government…
later, aren’t you afraid of the government giving you a hard time ?
In Arlington, they are currently interviewing cases filed in 2015 and 2016, and new cases, and so if he fits one of those categories, maybe he will get an interview. He can also try a mandamus lawsuit to get an interview. That should work or VA or NY. Take care, Jason
Hi Jason
My online status got updated to Decision was mailed on 25th March. But EOIR is not showing any cases for me yet and it’s past 4 days. Does it mean approval?
@KAMAL
It means nothing, there can be delays in updating the status or anything else. Just wait for the letter to arrive or the status to appear… before that everything is assumption
If your case is with EOIR (the immigration court), the online page should indicate the result of the case – you can see that if you follow the link under Resources called EOIR Case Status. If your case is with the asylum office, you have to wait for the paper letter, and that could take a week or two. Good luck, Jason
@jason
My case is with USCIS and its been 8 days. No decision letter and no case found in EOIR phone system.
If online case status show decision mailed without previous updates like fee were waived/ card produced, is 90% referrals
Hi Jason,
What are the requirement to bring to the US a child adopted through family process? I read one needs to feel I-130. What else is needed?
Also, is there legal mean to bring the child while his case is pending with USCIS?
Is there legal mean to bring the person who has been taking care of the child for smooth adjustment?
Please let me know
Thank you
Hadassa
This is not the type of case I do, so I do not know much about it. I think you need a lawyer who does international adoptions to get some guidance. Take care, Jason
Hi Jason
Thank you for your blog. It has really helped many asylum seekers like me. The IG approved my case on 05/02/2023. Applied for permanent Residency on 03/17/2024 and my form I-485 was approved on 03/12/2025 & i received my GC 15 days ago.
My GC says I have been a resident since 05/02/2023 which is the day I was granted asylum. Jason when can I apply for citizenship basing on my GC card? Thank you
Strange. The card is supposed to be back-dated one year, and not back-dated to the date asylum was granted. I would assume the date on your card is a mistake and that the correct date should be 03/12/2024, and apply for citizenship based on that date (so normally after about 12/12/2028, assuming you are otherwise eligible). Otherwise, if you file earlier than that, USCIS might catch the error in the citizenship process and deny the case for being filed too early. I guess if you want to take your chances and apply earlier, you could, but I think there is a decent chance the citizenship application will be rejected if you do that. Take care, Jason
Thank you Jason.
Hi Jason
Thank you for your blog. It has really helped many asylum seekers like me. The IG approved my case on 05/02/2023. Applied for permanent Residency on 03/17/2024 and my form I-485 was approved on 03/12/2025 & i received my GC 15 days ago.
My GC says I have been a resident since 05/02/2023 which is the day I was granted asylum. Jason when can I apply for citizenship basing on my GC card? Thank you
I am applying for naturalization and worried because of this news. I was granted asylum and now currently in naturalization process. I have had my green card for 5yrs.
I live in california state.
Uscis says 3more months wait time for interview.
Should i be worried?
Any thought on this please?
Tuesday’s announcement follows another notice this month from Citizenship and Immigration Services (USCIS) that it wants to collect data from social media profiles of individuals applying for citizenship. While those applying for visas already have to share their social media handles with the government, the new proposal would force those applying for asylum, permanent residency or naturalization — people who are already legally in the country — to identify their accounts to USCIS. The agency said that vetting of social media accounts is necessary for “the enhanced identity verification, vetting and national security screening.” Critics are calling the proposal a violation of freedom of speech.
It is unclear what they are looking for, though in other contexts people who are pro-Palestinian are being targeted. If you have been posting about that subject, maybe you want to talk to a lawyer to see if there is anything to be worried about. Otherwise, I expect the main effect of this extra vetting (aside from wasting USCIS time and accomplishing nothing to make us safer) will be more delays in applications being completed. Take care, Jason
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.
There is no possible way to know in advance whether a case will be granted with a lawyer or without a lawyer. This is not mathematics; it involves learning about a case, spotting issues, and addressing them. Take care, Jason
After the 2020 United States presidential election, the campaign for incumbent President Donald Trump and others filed 62 lawsuits contesting election processes, vote counting, and the vote certification process in 9 states (including Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin) and the District of Columbia.
None of the lawsuits succeeded…So it appears that, even though Biden and Harris couldn’t stop trump, but the judges and justices of the country can stop trump ? So is it a reason to be hopeful ?
Judges are blocking some of the Trump Administration’s orders and protecting some individuals, so I guess that is some reason for hope. Take care, Jason
Thank you Jason.
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?
Normally, if you have a valid RTD, nothing should go wrong. I suppose if you go to your home country and that causes the immigration officers to think that your original asylum case was fake, they could start a process to reopen the case and revoke asylum. This seems very unlikely, especially if you did not go to the home country. The one issue of concern is that was are waiting for a travel ban, and if your country is on the list, it is unclear how you will be affected. It is best to be inside the US until we know what the travel ban does; otherwise, you risk being stuck outside the country. take care, Jason
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 think the $1,440 for adjustment of status for the principal asylee, which is different from that of a derivative asylee ($250)
USCIS should back-date the GC one year. They do not back-date the card to the asylum approval date. Also, unfortunately, there is currently a “pause” on GC applications by asylees. Whether this affects everyone, how long it will last, and what effect it will have, we do not know. If you want to try to move the GC application more quickly, you might talk to a lawyer about a mandamus lawsuit to force USCIS to adjudicate the case. Maybe that is something you could do at the 2 year point, if you do not have a decision before then, as such cases would normally not work prior to that time. Take care, Jason
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
It is based on the date on your GC, and so for you, start counting from February 2024. Note that assuming you meet all requirements for citizenship, you can mail the application (the form N-400) up to 90 days before your 5-year anniversary, so that is probably sometime in November 2028. Take care, Jason
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
For adults and children under 14, the fee is $1440. If a child under 14 files with a parent, the child’s fee is $950. There is a fee waiver available if you cannot afford the fee, and that is form I-912, available at http://www.uscis.gov. Take care, Jason
You have to update your address with the court and you can file for a change of venue prior to the hearing, or you can attend the hearing and tell the judge that you now live in NYC. Normally, the judge would then transfer the case to NYC. If you have a lawyer in NYC, the lawyer can make this request prior to the Master Hearing. Take care, Jason
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