Asylum Fraud Is Real, But It’s Not What You Think

by Jason Dzubow

Since he entered politics, our President has denigrated asylum seekers as fraudsters who game the system in an effort to harm hard-working Americans.

Having practiced in this area for more than two decades, my observation is that most asylum seekers have legitimate claims, and in many cases, there is indisputable evidence about the risks they face. That’s not to say that people don’t sometimes exaggerate or even make things up–many asylum seekers come from countries where lying to their governments is necessary for survival–but at least in the cases I have seen, the large majority of applicants have legitimate claims for protection.

But there is another type of fraud in the asylum system. This fraud is more pervasive and more dangerous because it points to wider problems within our government. I am speaking here about the fraud perpetrated by the Asylum Office itself.

(more…)

Continue reading

60 Comments

Targeting Pro-Palestinian Students (and Why That’s Bad for the Jews)

by Jason Dzubow

The Trump Administration has been targeting pro-Palestinian activists under an obscure provision of the Immigration and Nationality Act (INA), which provides, “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” See INA § 237(a)(4)(C)(1). Under this section, Marco Rubio, the Secretary of State, can basically designate any non-citizen for deportation.

Until recently, this provision was rarely used, but now, the Trump Administration seems intent on labeling hundreds of non-citizens–mostly students who have expressed opposition to Israel’s war in Gaza–as people whose presence in the U.S. has “potentially serious adverse foreign policy consequences,” thus rendering them deportable. 

Here, we’ll discuss INA § 237(a)(4)(C)(1) and some policy implications of its widespread use.

(more…)

Continue reading

102 Comments

The First Thing We Do, Let’s Kill All the Lawyers

by Jason Dzubow

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?

(more…)

Continue reading

94 Comments

Trump Administration to Asylum Officers and IJs: Go Faster!

by Jason Dzubow

By now, you’ve probably heard that the Trump Administration is not a fan of immigrants. They have been making changes to detain and deport more non-citizens, more quickly, and with fewer due process protections. To that end, the Administration is pressuring Asylum Officers and Immigration Judges to adjudicate more cases. These civil servants are already stretched thin, and so the additional work is likely to reduce decision quality, as well as damage morale. It will also make litigating cases more difficult for asylum seekers and other non-citizens, as they will have less time to present their cases, and–most probably–less time to prepare.

(more…)

Continue reading

108 Comments

Can You Be Deported to a Third Country If You Have Withholding of Removal?

by Jason Dzubow

The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while. 

Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?

(more…)

Continue reading

97 Comments

“Massacre” at the BIA Portends Bigger Changes at EOIR

by Jason Dzubow

Last week, 13 of 28 members of the Board of Immigration Appeals (BIA) were purged. Those targeted include appellate judges appointed by the Biden Administration, some of whom were still on probation (BIA judges have a two-year probationary period) and others who had completed their probation. The firings, which go into effect next month, seem not to have complied with proper legal procedures, and are likely to be challenged in court by at least some of the terminated judges.  

Having talked with people on the inside, this mass firing sounds like it is only the beginning. I’m told that the Trump Administration plans to radically re-make the Immigration Court system in order to dramatically reduce due process protections for non-citizens.

(more…)

Continue reading

148 Comments

ICE Raids: Ambition Meets Reality

by Jason Dzubow

Donald Trump arrived in office with a pledge to deport “millions” of criminal non-citizens. Even at the time he made these claims, the President’s plans seemed unrealistic. But now that he is in office, and rhetoric must contend with reality, it appears that the new Administration is falling short of its goals–at least for the time being. 

(more…)

Continue reading

74 Comments

If TPS Is Cancelled, Could Asylum Be an Option?

by Jason Dzubow

In the waning days of the Biden Administration, DHS extended Temporary Protected Status (“TPS”) for Venezuelans until October 2026. Last week, the Trump Administration rescinded that decision. As a result, hundreds of thousands of people from Venezuela are set to lose status over the next several months.

For Venezuelans–and people from other countries who may lose TPS–what are the options? (more…)

Continue reading

140 Comments

Are Asylum Seekers Safe from ICE?

by Jason Dzubow

There are probably 4+ million asylum seekers in the United States. These are people who filed an application for asylum, form I-589, with the USCIS Asylum Office or with the Immigration Court, and their dependents. Under the new Trump Administration, are such people safe from detention and deportation by ICE (Immigration and Customs Enforcement)? 

(more…)

Continue reading

122 Comments

The Trump Administration’s Opening Salvos

by Jason Dzubow

For two-and-a-half months since the election and for what seems like years before that, we’ve been hearing from Donald Trump and his surrogates about how they would deport millions of people, block refugees, end birth-right citizenship, and implement a campaign of “shock and awe” against those in our country illegally. Earlier this week, Mr. Trump was finally sworn in, and his specific agenda is starting to take shape. In some ways, it is easier to deal with his actual policies than to wonder and worry about what he might do. Here, we’ll discuss some of the President’s initial executive orders and how they might affect asylum seekers and other non-citizens in the US of A.

(more…)

Continue reading

88 Comments

What We Will Lose

by Jason Dzubow

As part of the transition to my new firm, I have been learning their procedures: How they intake cases, create calendars, store documents, manage consultations, etc. As a lawyer, I’ve attended many consultations over the years, but I have always been the lawyer doing the consulting. I have to listen carefully to the person’s story and think of ways to help. I don’t get to focus on the humanity of the situation. But learning the ropes at Murray Osorio (ok, yes, shameless plug for my new firm) allowed me to observe other attorneys consulting with potential clients. Since I didn’t have to pay close attention to the substance of the meeting, I could think more about the human side of things. And this got me thinking about all we are about to lose once the new Administration takes office. 

(more…)

Continue reading

84 Comments

Detention Tension

by Jason Dzubow

As part of its “mass deportation” plan, the incoming Trump Administration has promised to detain many more immigrants and asylum seekers.

Currently, ICE has the capacity to hold about 40,000 people at any given time. Tom Homan, Mr. Trump’s “Border Czar,” has promised to increase detention capacity to at least 100,000. Whether the budget or political will exists to implement these plans, we shall see, but certainly we can expect some level of increased immigration enforcement and detention. If nothing else, the new Administration plans a campaign of “shock and awe” to terrify non-citizens and perhaps convince them to leave the country.

Here, we will discuss what happens when an immigrant is detained, and how to prepare for that possibility.  (more…)

Continue reading

92 Comments

Top Nine Reasons for Optimism in 2025

by Jason Dzubow

Yes, traditionally, these lists include ten items, I know. But these days, you need to take your good news where you can get it, and nine was the best I could muster.

Despite the incoming Administration’s promises of mass deportation, travel bans,  and general nastiness, there are some reasons to be hopeful in 2025. Well, maybe “hopeful” is too strong a word, but at least there are some reasons to not lose hope altogether. In any event, without further ado, here are nine reasons for optimism in the New Year:  (more…)

Continue reading

50 Comments

My Big News: I Am Joining Murray Osorio PLLC

by Jason Dzubow

I started my own immigration law practice at the end of 2003. Since then, I have been either a solo attorney or I’ve been working with one or a few colleagues. Now, that’s about to change. I am happy to announce that starting on January 1, my coworkers and I will be joining Murray Osorio PLLC, a full-service immigration firm with offices in Virginia, Maryland, and New Jersey, and which handles cases nation-wide.

(more…)

Continue reading

140 Comments

Seeking Asylum Can Break Your Heart – Literally

by Jason Dzubow

A new study by Weill Cornell Medicine examined the heart health of young asylum seekers and found concerningly high rates of cardiovascular disease and other stress-related illnesses. 

The study, which was published earlier this month in Nature Mental Health, “analyzed medical evaluations from 453 U.S. asylum seekers for symptoms associated with psychological stress, cardiovascular disease risk and physical pain.” “The findings surprised researchers as the median age for the asylum seekers was 30, which is young to be showing cardiovascular concerns.”  (more…)

Continue reading

71 Comments