No CBP One = No Asylum?

by Jason Dzubow

In January 2023, Customs and Border Protection launched a new iteration of its CBP One app. When it functions, the app allows migrants at the U.S.-Mexico border to make an appointment to present an initial request for asylum in the United States. The app has been plagued with technical problems, and many migrants simply did not have the equipment, language skills or know-how to use it properly. Nevertheless, starting on May 11, 2023, any migrant who arrives at the border and does not use the app may be barred from asylum in the United States. There are exceptions to the rule and the legality of excluding asylum seekers who do not utilize CBP One has been challenged in court. 

Today, we’ll talk about CBP One and what can be done to overcome the asylum bar for people who failed to make an appointment using the app. (more…)

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How You Can Help Elect Kamala Harris

by Jason Dzubow

With Joe Biden out and Kamala Harris in, the election map has become more favorable for Democrats. However, the upcoming election is far from a done deal. At best, it’s a toss up, since the Electoral College system favors Republicans by giving a disproportionate number of votes to less populated–and generally more conservative–states. That means that despite all the positive momentum, the possibility of a Donald Trump win is still very real.

Last time Mr. Trump was in office, his Administration did everything possible to block asylum seekers and immigrants, and to undermine the fair implementation of our nation’s immigration laws. Given what we’ve seen during this election cycle, a second Trump term would likely be far worse.

Few people have more at stake in this election than asylum seekers and other non-citizens. However, non-citizens are not permitted to vote or donate money to Ms. Harris or the Democrats. But that doesn’t mean there is nothing you can do to help. Here, we’ll talk about what you, as a non-U.S. citizen, can and cannot do to assist Kamala Harris, Tim Walz, and the Democrats.    (more…)

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The Democratic Party Platform and Asylum

by Jason Dzubow

In contrast to the Republican Platform, the Democratic Party Platform specifically discusses asylum, though mostly in the context of securing the border. While the Platform is fairly general and was created when Joe Biden was still the presumptive nominee, I would not expect major changes if Kamala Harris is elected president. Aside from future aspirations, the Platform discusses the Biden Administration’s accomplishments, though again, mostly related to border security. Here, we will look at the Biden Administration’s claimed accomplishments, as well as the party’s future plans. (more…)

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The Shocking Inefficiency of an Asylum Office Interview

by Jason Dzubow

There are currently more than 1.3 million cases pending at our nation’s Asylum Offices. One reason for this massive backlog is that the number of asylum applicants far exceeds the ability of the Asylum Office to process cases. Another reason is the U.S.-Mexico border, where Asylum Officers (AOs) interview each new arrival to determine whether they meet the initial eligibility requirements for asylum. These interviews sap significant resources from the Asylum Office, though lately, the situation at the border has been easing. A third big reason for the backlog–and the subject of today’s rant–is the way AOs conduct asylum interviews, which routinely take four or five hours, and which waste considerable time on irrelevancies. (more…)

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Celebrating the Refugee Olympic Team

by Jason Dzubow

There are more than 117 million forcibly displaced people worldwide. If refugees and internally displaced people formed their own country, it would be the 12th largest nation in the world.

To raise awareness about this crisis, the International Olympic Committee created the Refugee Olympic Team, which first competed in Brazil in 2016. This year, the team is made up of 37 athletes, hosted by 15 National Olympic Committees, competing in 12 sports. One goal of the team–aside from winning medals–is to demonstrate to the world that refugees enrich the societies where they settle. Here, we’ll meet a few members of the IOC Refugee Olympic Team. (more…)

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The Republican Party Platform and Asylum

by Jason Dzubow

The Republican Party has released its Platform for 2024. As usual with these things, it is short on specifics and long on political rhetoric. The first issue mentioned in the Platform is immigration: “Common Sense tells us clearly, in President Trump’s words, that ‘If we don’t have a Border, we don’t have a Country.'” It continues: “We must not allow Biden’s Migrant Invasion to alter our Country.” “Under the Trump Administration and a Republican Congress, it will be defeated immediately.” But how?

The Platform has a six-part plan “to stop the open-border policies that have opened the floodgates to a tidal wave of illegal Aliens, deadly drugs, and Migrant Crime.” Here, we’ll take a look at the plan and I will offer some thoughts. (more…)

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Know Notice, No Problem: How the Asylum Office Can Ensure Due Process of Law

by Jason Dzubow

The Asylum Offices have lately begun scheduling interviews for the longest-waiting applicants. The good news is that people who have been waiting seven, eight, nine years or more are finally receiving interviews. The bad news is that the Asylum Offices are giving little notice prior to the interview–often only a week or two–and so applicants have insufficient time to get ready.

Last time, I wrote about what applicants themselves should be doing now to prepare for their interviews. Today, we’ll discuss how the Asylum Offices can improve efficiency and ensure due process of law for asylum seekers. (more…)

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No Notice, Know Problem: What to Do Now that the Asylum Offices Are Interviewing Old Cases

by Jason Dzubow

Recently, the Asylum Offices have started scheduling interviews for applicants who filed years ago. In our office, we’ve seen a couple cases from 2015 get scheduled in Virginia, and I have been hearing from other lawyers about their old applications receiving interview notices in Virginia and at other Asylum Offices. That’s good news for applicants who have been waiting years for an interview. But as they say, every silver lining has a black cloud, and the black cloud here is a lack of sufficient notice to prepare for the interview.

Today, we’ll discuss what is happening at the Asylum Offices and what applicants should be doing now to get ready for their interviews. In a future post, we’ll talk about how the Asylum Offices can improve the system and ensure that applicants receive due process of law. (more…)

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Overcoming the One-Year Bar After You’ve Filed for Asylum

by Jason Dzubow

The law of asylum requires applicants to file their form I-589 within one year of arriving in the United States; otherwise, their case can be denied as untimely. There are exceptions to the one-year filing rule, and if you are relying on one of those, you would normally include that information in the I-589 at the time of filing.

However, it is also possible to qualify for an exception to the one-year bar after you file for asylum. I recently employed some nifty case law to help a client overcome the one-year bar and win asylum, and I imagine that other late filers might benefit from this client’s experience. (more…)

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What You Exclude from an Asylum Case May Be as Important as What You Include

by Jason Dzubow

Sometimes, the evidence you leave out of an asylum case is as important as the evidence you include.

Here, we’ll look at what evidence is best kept out of a case, how to decide whether to submit evidence that has harmful and helpful components, and how to evaluate the risks inherent in excluding unhelpful evidence. (more…)

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Is the Asylum System Better in France?

by Jason Dzubow

This post is by Hélène Bonvalot, former Director General at Centre Primo Levi in Paris, France and a Fulbright Fellow at the Torture Abolition and Survivors Support Coalition (TASSC) International in Washington, DC.

As the leader of a French NGO working with refugees, I am often asked whether the asylum system in France is more effective than in the United States. Most of my American colleagues believe that the situation cannot be any worse than here, but in fact, seeking asylum is challenging everywhere, with differences and similarities. (more…)

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Remembering the Immigration Act of 1924

by Jason Dzubow

The late 1800s and early 1900s was a period of expanding and diversifying immigration to the United States. Prior to that time, the majority of immigrants to the U.S. came from Northwestern Europe, but between 1890 and 1920, most immigrants originated in Southern and Eastern Europe. Predictably, this shift caused a negative political reaction, which ultimately led to the very restrictive and racist Immigration Act of 1924 (also called the Johnson-Reed Act after the Congressmen who sponsored it).

It may be a fool’s errand to look for parallels between 1924 and 2024, but we’re going to try it anyway. And perhaps there are lessons to be learned from the Immigration Act one hundred years later. (more…)

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Reimagining the Asylum Office

by Jason Dzubow

A forthcoming article by Professor Faiza W. Sayed of Brooklyn Law School examines the history and failings of the U.S. affirmative asylum system, and proposes some bold solutions that could help save asylum as we know it.

I should start by saying that I am a fan of Prof. Sayed’s work. She and her team at the Safe Harbor Clinic recently published a scathing report about the New York Asylum Office, which examines why that office has the lowest grant rate in the United States. The Professor was kind enough to send me a draft of her upcoming article, Reimagining Affirmative Asylum, which builds on her previous study. Her proposed reforms offer hope that our beleaguered asylum system can still be salvaged. (more…)

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Can You Be Deported for Protesting the War in Gaza?

by Jason Dzubow

As protests against Israel and the war in Gaza continue to spread across the U.S., some politicians are calling for non-citizen protesters to be deported. Can foreign students, asylum seekers, Green Card holders, and other non-citizens be deported for participating in protests?

As usual in immigration matters, the answer is: It depends. Here, we’ll discuss whether and under what circumstances the government can deport non-citizens for participating in demonstrations. (more…)

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