DHS Releases Yearbook of Immigration Statistics

by Jason Dzubow

As they say, there are lies, damn lies, and statistics.  With that in mind, DHS has released the Yearbook of Immigration Statistics for 2009.  Some interesting stats: 58,532 asylees received their lawful permanent resident status in 2009; 118,836 refugees obtained their LPR status last year; and, in total, 1,130,818 people became LPRs in 2009.  The site also has statistics for “Persons Obtaining Lawful Permanent Resident Status” for fiscal years 1820 to 2009, showing the busy periods between 1905 and 1914, and again during the last two decades.

As for the countries with largest numbers of refugee and asylee adjustments to LPR, Cuba leads with 33,596, followed by China (18,067), Kenya (14,829), and Thailand (12,561).  Inexplicably, 5,694 Austrian refugees and asylees adjusted status, making that country one of the largest sources of refugee adjustments in 2009.  Who knew?

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Non-Christians Need Not Apply

by Jason Dzubow

According to the Chicago Tribune, a prominent refugee resettlement agency, World Relief, has enacted a policy that requires new employees to be Christians.  World Relief is an arm of the National Association of Evangelicals, an organization that has represented a diverse array of Evangelical churches and parishioners since 1942.  The agency receives about 65% of its budget from the federal government and assists 40% of refugees resettling in the U.S.  According to its mission statement, World Relief empowers the local Church to serve the most vulnerable, and its “staff and volunteers help thousands of refugees – victims of war and persecution – replant their lives in the United States.”  The agency has 23 offices across the U.S., and is the biggest evangelical refugee resettlement agency in America.  From the World Relief website:

In[its United States] offices, World Relief offers legal support, job training and English classes to immigrants.  In Baltimore, a Legal Services clinic reaches out to thousands of clients each year—helping them fill out paperwork, joining them at hearings and ensuring they understand their rights and responsibilities.  World Relief is also engaged in advocacy for immigration and refugee policy. 

One “unfortunate part” of World Relief’s selective hiring policy is that it could conflict with professional guidelines for social workers and clinical psychologists.  As a result, the agency’s mental health unit was forced to close down and refer its clients elsewhere.  Though current employees don’t necessarily have to be Christian, they risk termination if they don’t affirm the organization’s Christian mission statement “to follow Jesus by living holy, humble and honest lives.”  Non-Christian employees in hard-to-replace roles can apply for an exemption, but they must sign the Christian statement of faith if they ever change positions.

Already some employees are searching for new employment and some funders have decided not to renew grants.  The World Relief  interim director, the Rev. Brad Morris, said the hiring policy has nothing to do with the services provided and that he doesn’t see a conflict.  “I don’t believe it’s discrimination. It’s an internal hiring policy,” he said.

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A Flood of Mexican Asylum Seekers?

by Jason Dzubow

In an article about Mexicans seeking asylum for fear of drug violence, John Feere writes on the Center for Immigration Studies website that:

it should be obvious to any Immigration Judge that our nation’s asylum laws are not applicable to the situation at hand. Nevertheless, if they are successful it would represent a massive expansion of asylum law and it would undoubtedly result in increased asylum claims by Mexicans living illegally in the United States. It would also encourage more Mexicans to cross the border illegally.

I disagree with Mr. Feere’s first assertion–that our asylum laws are not applicable to those fleeing gang and drug violence.  The harm faced by some asylum seekers (death at the hands of criminal gangs or corrupt government officials) would certainly qualify as persecution.  In many cases, the government of Mexico cannot or will not protect people from drug violence.  The main question seems to be whether such persons face persecution on account of a protected ground.  That will depend on the individual case.  Former police officers, for example, have been defined as a particular social group. See Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).  As discussed in a recent post, the Seventh Circuit has held that “former gang members” may constitute a particular social group.  Ordinary citizens caught in the crossfire will have a harder time demonstrating a nexus (though they still might qualify for relief under the Torture Convention, as the harm faced might constitute torture, and–it could be argued–the persecutors are either government or quasi-government actors).

It is more difficult to argue with Mr. Feere’s second assertion–that granting asylum to some Mexicans fleeing the drug war will create incentives for more people to file for asylum, and more people to cross illegally into the U.S.  Of course, if the goal of asylum is to protect people from harm, this might not be such a terrible thing (assuming the harm they face crossing the border is less than the harm they face in Mexico).   

The balance between offering protection to refugees on the one hand, and not opening the floodgates on the other, is particularly difficult when it comes to our closest neighbor.  However, the numbers, at least so far, do not support a conclusion that increasing violence has led to more Mexican asylum seekers or more asylum grants for Mexicans.  The Justice Department figures for Mexican asylum seekers during the last decade:

Year Asylum Seekers Asylum Granted Mexicans in United States Illegally 
     2000      5,490      47      4,700,000
     2001      2,670      46      4,920,000
     2002      4,994      37      5,140,000
     2003      7,808      64      5,360,000
     2004      3,505      68      5,580,000
     2005      2,947      34      5,800,000
     2006      2,793      49      6,020,000
     2007      3,042      49      6,240,000
     2008      3,459      72      6,460,000
     2009      2,816      62      6,680,000

The (rough) estimates of the number of Mexicans residing illegally in the U.S. is based on a report from the Migration Policy Institute.  Based on these numbers, on average, about 220,000 Mexicans enter the United States illegally every year.  Only a very small percentage (usually <2%) of illegal Mexican migrants seek asylum each year in our country.  Of those, only about 2% are granted asylum.  For 2009, only 62 Mexican asylum seekers–or about 1 out of every 3,500 people–were granted asylum.  Given the remote possibility of an asylum grant, Mr. Feere’s concern about creating incentives for further migration from Mexico seems overblown.   

As opposed to Mr. Feere, I am an advocate for asylum seekers, and my inclination is to err on the side of offering protection.  However, if the situation in Mexico continues to deteriorate and we see a spike in asylum applications (which so far we have not), we may need to address how to fulfill our humanitarian obligations without compromising our territorial integrity.

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Refugees Sworn in as U.S. Citizens

by Jason Dzubow
 
 
On March 30, 2010, 27 refugees from countries such as Ethiopia, Iran, Iraq, Pakistan, Somalia, and Vietnam were sworn in as new United States citizens.  President Obama addressed the new citizens by video:

 “It’s now officially your country,” Obama said in this message, broadcast at the offices of the Immigration and Nationality (USCIS), where the ceremony took place. “In America, no dream is impossible. Like the millions of immigrants who came before you, you have the opportunity to enrich the country by your contributions to the society of citizens”, he added.

“This ceremony speaks of our country as a refuge for people who are fleeing despair or circumstances that our country does not tolerate within its borders,” Alejandro Mayorkas, director of the USCIS said after the ceremony.  The ceremony was held on Tuesday in Washington, DC.  More details are available here.

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The Refugee Opportunity Act

by Jason Dzubow

The Refugee Opportunity Act (s.2960), sponsored by Senators Leahy (D-VT), Cardin (D-MD), Feingold (D-WI), and Lugar (R-IN), would exempt aliens who are admitted into the U.S. as refugees or granted asylum and are employed abroad by the federal government or a federal contractor from the continued physical presence requirement.  Under current law, refugees who enter the U.S. must be present in the country for one year in order to have their immigration status adjusted to lawful permanent resident (LPR).

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Remembering Those Who Sought Freedom

by Jason Dzubow

Last December, I attended a funeral for a close friend at the Hebrew Free Burial Association on Staten Island.  The HFBA provides burial services to indigent Jews.  They assist hundreds of grieving families every year.  They also ensure that people without family or friends have a proper funeral under Jewish law.  In the Passover issue of the HFBA newsletter, the Association pays tribute to Jews who fled the Soviet Union in search of freedom: 

The Former Soviet Union reserved its most oppressive measures for religious minorities, especially Jews. As we celebrate Passover, the Festival of Freedom, it is appropriate to recount the following end-of-life stories of some who fled for freedom in the United States.

Iosif [not his real name] was a Russian veteran of World War II and subsequently was an active dissident against the Soviet government. Prior to leaving the USSR for the United States, he was beaten by authorities and his kidneys were severely damaged. In New York, despite ill health, he participated in the campaign to free Soviet Jewry and to educate efforts of Yad Vashem to identify victims of the Holocaust. As his kidneys failed, we were contacted by his old friend to arrange for his eventual burial next to the brother who had followed him to New York and pre-deceased him. Iosif who remained true to his Jewish values during a difficult life, received the proper Jewish burial he wanted and deserved.

Mikhail [not his real name] was referred to HFBA by a social worker in the JASA-sponsored building in which he lived. He had emigrated from the former Soviet Union to New York at the same time that his daughter Larisa had moved to Bulgaria. Although highly educated, Mikhail was unable to make a living in the United States and relied on government assistance. When he died, HFBA contacted his daughter who was distraught that she had no funds for the burial. We put her mind at east about the burial arrangements. HFBA’s Rabbi Plafker patiently educated Larisa who knew nothing of her Jewish heritage, about Jewish funeral procedures. We also arranged for Larisa to have access to her father’s apartment so she could retrieve precious mementos.

I was struck by both stories.  In the first, after Iosif came to the United States, he continued his political activism and tried to help others who remained behind.  I sometimes see this in my asylum clients, who have come to the United States, but remain politically active in organization devoted to improving their homelands. 

In Mikhail’s case, we have someone who fled persecution and reached safety, but was never able to fulfill his potential and had to rely on government assistance to survive.  These days, there are many organizations that help refugees and asylum seekers adjust to their new lives.  One organization that I find particularly helpful is CLINIC, the Catholic Legal Immigration Network, Inc., which has a referral line to assist asylees:

CLINIC’s National Asylee Information and Referral Line refers asylees to more than 500 local providers of resettlement services such as English language classes, job placement assistance, temporary cash assistance, and health care.

This excellent program has assisted over 30,000 asylees since its inception in 2001.  The telephone number is 1-800-354-0365.  I refer my clients there, and they report that it is very helpful.

Happy Passover.

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Refugee Protection Act of 2010

by Jason Dzubow

Senators Leahy (D-VT) and Levin (D-MI) introduced the Refugee Protection Act of 2010 (S. 3113) on Monday.  The new bill seeks to ensure that legitimate refugees and asylum seekers are protected by the United States.  Key provisions of the bill:

Increased Protections for Asylum Seekers:

  • Eliminates the requirement that asylum applicants file their claim within one year of arrival.
  • Protects particularly vulnerable asylum seekers by ensuring they can pursue a claim even where their persecution was not socially visible.
  • Ensures fair process by requiring an immigration judge to give notice and an opportunity to respond when the judge requires corroborating evidence of the asylum claim.
  • Gives an applicant the opportunity to explain and clarify inconsistencies in a claim.
  • Enables minors who seek asylum to have an initial interview with an asylum officer in a non-adversarial setting.
  • Allows the Attorney General to appoint counsel where fair resolution or effective adjudication of the proceedings would be served by appointment of counsel.

Reforms to the Expedited Removal Process:

  • Requires the referral of asylum seekers to an asylum officer for a credible fear interview, and, if credible fear is found, for an asylum interview. 
  • Authorizes the United States Commission on International Religious Freedom to conduct a new study on the effects of expedited removal authority on asylum seekers.

Parole of Asylum Seekers:

  • Codifies the current DHS policy that asylum seekers be considered for release (“parole”) and requires DHS to issue regulations establishing criteria for parole.
  • Establishes a nation-wide, secure “alternatives to detention” program.
  • Requires changes in the immigration detention system to ensure asylum seekers and others have access to counsel, medical care, religious practice, and visits from family.

Terrorism Bar to Admissibility:

  • Modifies definitions in the statute to ensure that innocent asylum seekers and refugees are not unfairly denied protection as a result of the material support and terrorism bars in the law, while ensuring that those with legitimate ties to terrorist activity will continue to be denied entry to the United States.

Protection for Refugees and Asylees:

  • Eliminates the one year waiting period for refugees and asylees to apply for a green card. 
  • Allows certain children and family members of refugees to be considered as derivative applicants for refugee status.  All such applicants must pass standard security checks. 
  • Authorizes the Secretary of State to designate certain groups as eligible for expedited adjudication as refugees. 
  • Prevents newly resettled refugees from slipping into poverty by adjusting the per capita refugee resettlement grant level annually for inflation and the cost of living. 

The bill was praised by immigrant advocacy groups such as the National Immigration Forum, the International Rescue Committee, and the ACLU.

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