Credible Fear

# Asylum Office# Asylum Seekers# Credible Fear# Detention# Immigration Court

Affirmative Asylum Cases Dismissed and Sent to Court Without an Interview

One quiet trend that has recently come to light is a new practice at the Asylum Office to dismiss affirmative applications without processing them. The asylum seekers are then subject to “expedited removal” proceedings or otherwise served with a Notice to Appear in Immigration Court. Some are detained. A preliminary evaluation of these dismissals found that many were improper under the law.

Here, we’ll examine this new development, look at who is affected, and discuss how to prepare for the possibility that your case will be dismissed by the Asylum Office.

Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Detention# Immigration Court

Arrested in Immigration Court

Recently, there have been numerous reports about ICE appearing in Immigration Courts across the United States and detaining people at their hearings. It’s another way the Trump Administration is terrorizing non-citizens and trying to intimidate them into giving up their due process rights.

Here, we will look at what is happening, who is at risk, and what you can do to try to protect yourself.

Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Immigration

To Solve the Border Crises, We Need to Decide Who Qualifies for Asylum

It’s less than two months since President Biden took office, and already it seems we are facing a new surge of arrivals at our Southern border. The increase is being attributed to the continuing dire conditions in Mexico and Central America, Mr. Biden’s promise to treat asylum seekers humanely, and pent up demand among migrants who were deterred by the Trump Administration’s harsh policies. Republican strategists are (predictably) teeing up Latin American migration as a “wedge issue” for the 2022 midterm elections, and so the situation at the border is not only a humanitarian crisis, but also a political crisis.

To address the problem, Mr. Biden is sending more resources to the border, expanding shelter capacity, and continuing a policy of the Trump Administration to turn away most adults and families based on the public health emergency (under Title 42 of the U.S. Code). His Administration is also trying to encourage would-be migrants to stay home. It seems pretty obvious that none of these measures will end the crisis. So what can be done?

Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Detention

Asylum and the New Rule on Expedited Removal

The Trump Administration has implemented a new rule to reduce due process protections and make it easier to deport certain aliens who are in the United States unlawfully. Given its questionable legality, clumsy roll-out, and lack of notice, we can expect the new rule–which expands the use of “expedited removal”–to be challenged in court, and … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear

“Legitimate” Asylum Seeker Urges President Trump to Build that Wall!

Mahir Ahmed really wants you to know that he’s a “legitimate” asylum seeker. Not like those other people who are “deliberately breaking U.S. laws” and “jumping in line” ahead of good people like him. To confront this crisis, which has delayed a decision in his case, Mr. Ahmed declares his support for President Trump’s border … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Human Rights# Immigration

Another Salvo in President Trump’s War on Asylum

In case you haven’t noticed, President Trump is not a fan of asylum seekers. His Administration has taken a number of actions to block asylum seekers from coming to the United States and to reduce legal protections for those who are already here. Now, the President has issued a policy memo instructing the Attorney General … Read more

By Jason Dzubow
# Asylum Office# Asylum Seekers# Credible Fear

Asylum and EAD Delays – An Update from the Ombudsman

The Office of the Citizenship and Immigration Services Ombudsman recently released its 2015 annual report to Congress. The report discusses all aspects of USCIS operations, and provides some new information about the asylum backlog and the government’s efforts to improve the situation. You may already be familiar with the Ombudsman’s office–they are the ones who provide … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# National Security

Congress: Asylum System Letting in Terrorists

According to a letter from four members of Congress to DHS Secretary Jeh Johnson,  a “recent disclosure [by USCIS] regarding the number of aliens found to have a ‘credible fear’ in cases where the terrorism bar to asylum eligibility may have applied raised the concern that hundreds of known and suspected aliens with terrorist connections may be attempting … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Legislation# National Security

Judiciary Committee Hearing on Asylum Abuse: Some Questions for Rep. Goodlatte and for Asylum Advocates

Lately, I’ve been worrying that asylum might become a victim of its own success. Thanks to lawyers pushing the law, the number and categories of people eligible for asylum has increased pretty dramatically: Victims of FGM and domestic violence, LGBT individuals, certain victims of crimes. This is a good thing, as many lives have been … Read more

By Jason Dzubow