My Big News: I Am Joining Murray Osorio PLLC

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.

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Seeking Asylum Can Break Your Heart – Literally

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…)

Reading the Tea Leaves on Trump’s Mass Deportation Plan

One of President-elect Trump’s key campaign promises is the “mass deportation” of “illegals.” Now that Mr. Trump is preparing to assume the reins of power, there is understandable fear among immigrants and asylum seekers. What does the once-and-future President mean by “mass deportation”? Who will be affected? How will these plans be carried out?

The short answer is: We don’t know. Neither Mr. Trump nor his incoming staff has provided much detail about their plan. Here, we’ll review what we do know, and also take a look at the legal and logistical difficulties inherent in removing large numbers of people from the United States.    (more…)

Testifying in Immigration Court

For asylum seekers in Immigration Court, the Individual Hearing is where they tell their story to the judge and get a decision. Even with a kind Immigration Judge (IJ) and a reasonable DHS Attorney (prosecutor), testifying in court can be intimidating and stressful. Here, we’ll talk about the Individual Hearing and what is expected from respondents (non-citizens seeking protection) and witnesses.

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Getting Ready for the Trumpocalypse

Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).

In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready? (more…)

Yesterday, Hate Won. Today, We Keep Going.

Today is a sad day. It is sad that hate, division, and lies have carried the day in our election. It is sad for our country, which has put its trust in one who is not worthy of that trust. It is sad for the free world, which has traditionally looked to us for leadership. It is sad for our government workers, who strive to serve their country faithfully, but whose efforts have been scorned by the electorate. It is a sad day for those of us who know and admire asylum seekers as some of the bravest, most hard working, and most patriotic people we know. And it is sad for asylum seekers themselves, who have fled persecution and honored our country by choosing to come to the United States, only to be met with falsehoods and hate. 

As I write these words, Mr. Trump’s victory has just been called. I have not had much time to absorb the news (though as a confirmed pessimist, I can’t say I was particularly surprised), but here I thought I’d share a few initial thoughts. (more…)

A Pre-Election Letter to My Asylum Seeker Clients

With the election a week away, I wanted to share a few thoughts with my asylum-seeker clients.

While we do not know how the election will turn out, it’s difficult to feel optimistic for our country or for the asylum system. If Donald Trump wins, he plans to use the full force of government to harm immigrants, to implement mass deportations, and to block foreigners–and in particular Muslims–from coming to the United States. If Kamala Harris wins, we can expect much more reasonable policies, though given public concern about migration, her ability to make significant improvements will likely be limited.

Whatever happens, and whatever hardships are to come, it is important for asylum seekers and immigrants to know that you are not alone. There are many, many Americans who are glad you are here and who will do whatever we can to help you remain in the United States. (more…)

An Asylum Lawyer Responds to Alexis Nungaray, Mother of a Child Killed by Illegal Migrants

In a Fox News interview with Vice President Kamala Harris, host Bret Baier played a clip of Alexis Nungaray, whose 12-year-old daughter Jocelyn was murdered this past June. Charged with the crime are two Venezuelan migrants who illegally entered the United States shortly before the murder. Both men were apprehended near the border and released with notices to appear in Immigration Court.

In the clip, Ms. Nungaray blames the “Biden-Harris Administration’s open border policies” for the death of her child. This same idea has long been promoted by Donald Trump, who accuses migrants of bringing crime and drugs into our country.

In reality, crime is down in the United States and migrants consistently commit fewer crimes than native-born Americans. Of course, statistics are cold comfort to anyone who has been victimized by “migrant crime.” But using Jocelyn’s death to justify further restrictions on asylum seekers would only compound the tragedy. That’s because our asylum system saves many lives each year. It also serves our national interests. (more…)

Dear Jill Stein and “Abandon Harris” Voters: My Asylum-Seeker Clients Need Your Help

I have been a member of the Green Party for more than 20 years. Our presidential candidate is Dr. Jill Stein, who is polling at between 1% and 2% in most swing states. That doesn’t sound like much, but in this year’s very tight contest for president, it could determine the outcome of the election.

A portion of Dr. Stein’s support comes from those who oppose Joe Biden and Kamala Harris on their policy towards Israel and Palestine. These voters, led by the Abandon Harris movement, have thrown their support behind the Green Party candidate, who is leading Harris among likely Muslim voters in several states.

The philosophy behind refusing to choose “the lesser evil,” is nothing new, and I have long disagreed with the approach. This year, the danger is particularly acute, as a Trump win will be especially harmful to Muslims, immigrants, and minorities in the United States (i.e., my clients), as well as people in Palestine. It will also set back the third party movement and cause great harm to our democracy. (more…)

Jimmy Carter’s Immigration Legacy

Jimmy Carter turns 100 years old today. Mr. Carter was President from 1977 to 1981. During those years, he created the modern asylum system when he signed the Refugee Act of 1980, oversaw the admission of Cubans and Haitians during the Mariel Boatlift, assisted refugees from South Vietnam, which had recently fallen to the Communist North, and worked to increase security along the U.S.-Mexico border. During his long post-presidency, Mr. Carter has championed human rights and democracy, advocated for peace, improved healthcare, fought disease, promoted low-cost housing, and engaged in various diplomatic missions for the U.S. government. Among his many honors, Mr. Carter received the Noble Peace Prize in 2002. 

On the occasion of the former President’s 100th birthday, I thought it would be appropriate to look back at his record on immigration, and see how his contributions continue to impact asylum seekers and other migrants more than four decades after he left office. (more…)

Updates (or Lack Thereof) from the Asylum Office

There was a time during the good old days of the Obama Administration when the Asylum Office would release quarterly statistics and even hold in-person stakeholder meetings where advocates could talk to the Asylum Office leadership. The Trump Administration worked hard to end transparency in government, and the pandemic didn’t help. As a result, the meetings and quarterly data disappeared. I had hoped that the Biden Administration would revive these practices, but that was not to be.

So now-a-days, we have to get our data where we can. This isn’t easy, but recently–as a result of my involvement in some Congressional lobbying efforts–I came across information about the Asylum Office that I thought I would share here. (more…)

No CBP One = No Asylum?

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…)

How You Can Help Elect Kamala Harris

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…)

The Shocking Inefficiency of an Asylum Office Interview

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…)

The Republican Party Platform and Asylum

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…)