Welcome to 2024! What better way to start off the New Year than with some predictions!
Just so you know, if some of these prognostications seem a bit negative, there is no need to worry: My success rate with prophesying is quite low, and so hopefully, I will be wrong. With that disclaimer out of the way, let’s get started. And remember, if any of these predictions happen to come true, you heard it here first! (more…)
It’s been more than a year now that we’ve been able to file the Application for Asylum, form I-589, online, and I think the verdict is in: The online system stinks. So much so, that I have decided to stop filing my cases online and return to sending the paper forms by mail. Among attorneys I know, I am not alone. (more…)
We’ve long known that the New York Asylum Office (in Bethpage, NY) has the lowest approval rate of any Asylum Office in the United States. According to data from 2021, the asylum approval rate in NY was 7.4%. That’s nearly half the approval rate of the second worst Asylum Office (Boston), and seven times worse than the best Asylum Office (New Orleans).
While the problem is not new, there has always been a question of why the NY office has such a low approval rate. A scathing new report from Safe Harbor Clinic at Brooklyn Law School sheds light on this important question. (more…)
Thanksgiving is the immigrant holiday because it is a day to remember and celebrate new arrivals in a new land, and friendship between immigrants and indigenous people. It is also the anti-immigrant holiday, since things did not end too well for the indigenous people in the original T-Day story.
These days, though, we need to take our good news where we can get it, and so in that spirit, I want to focus on the positives of Thanksgiving. In particular, I’d like to discuss some reasons for asylum seekers to be thankful. And yes, there are a few. (more…)
I am an asylum attorney. I am also Jewish. In my role as a lawyer, I represent many Muslims and many people from the Middle East, including Palestinians. Today, I want to discuss what it means to be a Jewish attorney representing Palestinian asylum seekers during this time of conflict.
I’d like to start with a message I recently received from one of my Palestinian clients, about his family in Gaza. (more…)
The war between Hamas and Israel has been a horror on many levels, both great and small, expected and unexpected. One surprising footnote to the conflict has been the suspension of a USCIS officer, Nejwa Ali, for supposedly supporting Hamas. Here, we’ll talk about what led to Ms. Ali’s suspension. We’ll also discuss the practical and political ramifications of her case. (more…)
What should you file when you first file for asylum?
Here, we’ll discuss the documents needed to file an asylum application at the Asylum Office or in Immigration Court. Different lawyers have different opinions about filing an asylum application, but for me, the best bet is to keep the initial filing to the bare minimum. (more…)
In 2008, the Romeike family came to the United States to escape religious persecution in Germany (yes, Germany). The family wanted to home school their children because they opposed the government curriculum, which includes subjects such as “sex education, evolution, and fairy tales.” The Romeike parents were threatened with jail, fined $9,000, and had three of their children escorted to school by the German police. They filed for asylum in the United States, and their case was granted in 2010 (yes, granted). However, DHS appealed and eventually, the family was denied asylum and ordered deported to Germany. After a lengthy court battle–where they became a cause célèbre for Christian homeschoolers and others on the political right–the family’s removal was “deferred” and they were allowed to remain in the U.S., even though they had been ordered deported.
That’s where things stood until last month, when the family reported for a regular check-in with ICE, and were told they had four weeks to obtain German passports and leave the country. The family’s supporters rallied to their defense and earlier this month, ICE granted them an additional one year deferral. However because of the outstanding deportation order, the Romeikes remain under the threat of removal.
For those of us interested in asylum, the Romeike case raises a number of moral and legal questions. It also reveals some important lessons for those willing to pay attention. (more…)
For years, the asylum backlogs in Immigration Court and the Asylum Office have been growing rapidly. But lately, they’ve been growing RAPIDLY–with a capital “R”. And a capital “APIDLY”. Probably I should add a few exclamation marks (!!!) after that and at least one “very” before it. What I’m trying to say is, of late, the backlogs have been growing at an insane rate.
Here, we’ll talk about what is happening and why, and try to guess what it all means for asylum seekers. (more…)
They say you learn something new every day. I had always thought that asylum seekers, undocumented immigrants, and other non-citizens were not required to register for the Selective Service. Turns out, I was wrong. With very few exceptions, all males between ages 18 and 26 who live in the United States are required to register for the Selective Service.
Here, we’ll talk about the Selective Service requirement: What is it? Who must register? How do you register? What happens if you fail to register? (more…)
In June of this year, the USCIS Ombudsman released its annual report, where it “details the urgent systemic issues affecting U.S. Citizenship and Immigration Services… and identifies potential solutions to resolve these problems.” This year, the agency’s various backlogs loom large in the 120-page report. Making progress on those backlogs has been difficult for various reasons, including the state of the world: “Global upheaval, political confrontations, and climate issues created populations in need of temporary protection, and the United States took on its share of assistance to these populations.” While the Ombudsman applauds the Biden Administration’s efforts to help those in need, it notes that other asylum seekers and immigrants have been harmed by diverting resources that might otherwise have been available to complete their cases.
To be honest, I have avoided reading the report until now because it is simply too depressing. We know the basic problem: Too many people and not enough resources. We also know that Congress–which controls the nation’s purse strings–is not likely to approve any additional funding, especially while the House of Representatives remains in Republican hands.
As I reviewed the report, I found myself feeling some sympathy for USCIS, which is being asked to do too much with too little. But the key word in that last sentence is “some,” as I also feel that–at least with regards to affirmative asylum cases–the agency has utterly failed to take bold and creative steps to alleviate the ever-increasing backlog.
Here, we’ll discuss the Ombudsman’s findings and try to explicate what is happening at one of the U.S. government’s most troubled agencies. (more…)
In reaction to the government of China’s one-child policy, Congress amended the asylum law in 1996 so that “a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.” In other words, a person who is or could be subject to a forced abortion or forced sterilization may be eligible for asylum in the United States.
While this law was created with China in mind, there is no requirement that asylum seekers fear persecution in that nation. Indeed, over the years, advocates (including yours truly) have tried to use this law to obtain protection for people from many different countries. A recent article by Karla Colley in the Columbia Human Rights Law Review sets forth the arguments for an expansive use of the forced abortion-forced sterilization basis for asylum. Due to the prevalence of these practices around the world, Ms. Colley concludes that “attorneys and physicians need to screen all female clients for involuntary sterilization during the intake process and the forensic medical evaluation.” I think she is exactly right. Women who have been victims of forced abortion or forced sterilization can use that as a basis for an asylum claim, and as advocates, we have a responsibility to pursue all avenues of relief for our clients. (more…)
In a recent letter to USCIS, 61 members of Congress have expressed their “concern” about delays at our nation’s Asylum Offices. The letter calls on USCIS to prioritize the oldest cases for interviews and asks a number of pointed questions about the reasons behind the agency’s interminable delays.
Anyone familiar with the asylum system knows why this letter was necessary–approximately 800,000 cases (representing well over 1 million people) are stuck in the affirmative asylum backlog. More than 180,000 of these cases have been pending for five years or more, and some applicants have been waiting for their interview since 2015 with no real prospect of being interviewed any time soon. (more…)
Last week, a federal court struck down President Biden’s border enforcement rule, known as the Circumvention of Normal Pathways rule. The decision jeopardizes “the administration’s strictest deterrence measure to date and comes as illegal border crossings have plunged to their lowest level since President Joe Biden’s first full month in office.”
Today, we’ll discuss the Biden Administration’s rule, why a judge found that the rule is illegal, and the practical and political implications of the court’s ruling. (more…)