The Torture Abolition and Survivors Support Coalition (TASSC) International will hold its annual conference and advocacy days from June 23 to 26, 2021. The theme of this year’s conference is “The Asylum Crisis in the USA.” This is a great opportunity to learn about the challenges facing the U.S. asylum system–and to do something about it. All events (including advocacy) will be held online and are free. In support of the conference and its goals, from today until June 30, all proceeds from my new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity, will go to TASSC International!
TASSC is an amazing organization consisting of torture survivors and asylum seekers who help and support each other. Speakers at the event will include torture survivors, advocates, mental health professionals, and lawyers (including yours truly–on June 23rd at 11:30 AM).
The first day of the conference features a number of important topics, including a discussion about the asylum system’s failures and challenges, survivor resilience, and advocating for a humane asylum system. There will also be a training for people participating in the advocacy days (on June 24 and 25). (more…)
When I started The Asylumist over 11 years ago, I hoped to create a forum for discussing the U.S. asylum system. I didn’t know whether anyone would actually read the blog or whether I had the time and energy to maintain it (and truth be told, when I started, I really wasn’t even sure what a blog was). But here we are more than a decade later, still going.
During those years, much has changed with the asylum system: The Immigration Court backlog has increased from 243,000 to over 1.3 million; the Asylum Office backlog has grown from less than 32,000 to more than 386,000; we’ve seen the border “surge” (a couple times). the hostility of the Trump Administration, and the pandemic. The population of asylum seekers has changed as well. The Syrian civil war, the Arab Spring, increased instability in Venezuela, and a further breakdown of law and order in Central America all contributed to new waves of applicants seeking protection in the United States.
As I was observing and writing about asylum during these turbulent years, I was also thinking about turning some of my blog posts into a book. And for maybe the last two years, I’ve been actively working to get that done. Given my other obligations–family, job, blogging–I was not sure I would ever complete the work. But somehow, with the help and support of many people, the book is now done and available for sale. You can check it out here: The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity.
Mother’s Day is coming up – on May 9, 2021. If you need a nice gift idea for the mother(s) in your life, and you’d like to support a worthy cause at the same time, check out this “gift of goodness” from AsylumWorks, a Washington, DC-area non-profit that provides support for asylum seekers while they wait for resolution of their cases.
AsylumWorks offers a host of services to asylum seekers (whether they are mothers or not), including help with employment, referrals for social services, legal assistance, trauma recovery, and housing and food needs. The organization also helps connect asylum seekers to the wider community and to each other. Through their Mother’s Day Campaign (which ends on April 30), you can send a tin of alfajores, delicious sandwich cookies filled with dulce de leche and rolled in coconut flakes to a mother in your life, or to an asylum-seeking mom. (more…)
President Joe Biden sent the U.S. Citizenship Act of 2021 to Congress on January 20, his first day in office. This bill provides a roadmap to citizenship for undocumented individuals, prioritizes family reunification, addresses the root causes of migration from Central America, modernizes border security, and aims to reduce the Immigration Court backlog.
But even if the U.S. Citizenship Act becomes law (which seems increasingly unlikely), it does not address the backlog of over 373,000 affirmative asylum cases–these are mostly individuals who entered the United States legally with visas, and who then applied for asylum. They include democracy and human rights advocates, journalists, religious minorities, and members of the LGBT community, among others. Many in the backlog are torture survivors and others who have suffered severe persecution. Since one case sometimes contains several family members, the total number of people waiting in the affirmative asylum backlog is something like 600,000 individuals. Many of those in the backlog have already been waiting four, five or even six years for an interview. These individuals represent a “Hidden Asylum Crisis” because their suffering is invisible to the general public and has thus far been ignored by lawmakers.(more…)
The U.S. immigration system is a disaster. Hundreds of thousands of applicants are stuck in limbo, many cases are arbitrarily denied, and due process protections have been reduced or eliminated. While it is still possible to win individual cases, the Trump Administration has done everything possible–legal and illegal–to block asylum seekers and immigrants, and to undermine the fair implementation of our nation’s immigration laws. With the immigration system under attack, the only way to protect individual immigrants is to defend that system. But how?
Over the last 3½ years, non-citizens and their advocates have done their best to defend the immigration system. Lawsuits have sought to mitigate the Muslim ban, “remain in Mexico,” the public charge rules, and so on. Advocacy work has had some successes as well–allowing foreign students to remain in the U.S. and reducing the number of children in cages. All of these efforts have been something of a rear-guard action–trying to keep the retreat from becoming a route.
Now, with the election approaching, there is a chance to achieve real change. If Joe Biden and the Democrats take the White House, we can expect an end to many of the most egregious attacks on non-citizens. No one has a bigger stake in this election than asylum seekers and other non-citizens. But of course, as non-citizens, you are not permitted to vote or donate money to Mr. Biden or the Democrats. But that doesn’t mean you can’t participate in the election campaign. Here, we’ll talk about what you, as a non-U.S. citizen, can and cannot do. Let’s start with the cannots.
Before they can help us, we have to help them.
You cannot vote. It is illegal for anyone but a U.S. citizen to vote in a federal election. Non-citizens who vote can face fines, jail time, and deportation.
A “foreign national” cannot contribute money to a campaign, even if that contribution is indirect (for example, through a political action committee). “Foreign national” is defined as an “individual who is not a citizen of the United States… and who is not lawfully admitted for permanent residence.” Thus, if you are a non-citizen, but you have a Green Card, you are permitted to donate money to a political campaign. Note that if you have applied for a Green Card or asylum or any other immigration benefit, and you have not yet received that benefit, you cannot legally contribute money to a campaign. Even if you have an Employment Authorization Document (“EAD”), you are not eligible to make a contribution.
Also, foreign nationals cannot make “decisions concerning the administration of any political committee,” meaning basically that you cannot take a leadership or decision-making role in a campaign or an organization supporting a campaign or candidate.
Finally, foreign nationals cannot work for a candidate and receive compensation from anyone.
So much for the cannots. Now let’s look at what a non-citizen can do to help during the upcoming election.
The main thing you can do to participate in the election is to volunteer with a candidate. The Federal Election Commission (“FEC”) website provides guidance for foreign nationals who wish to volunteer during an election–
Generally, an individual (including a foreign national) may volunteer personal services to a federal candidate or federal political committee without making a contribution. The Act provides this volunteer “exemption” as long as the individual performing the service is not compensated by anyone.
What do volunteers do? The most important activity for volunteers is to encourage people to register and vote. You can do this by making phone calls to potential voters. Here, the ability to speak different languages might be very useful. There are many new Americans, who are eligible to vote, but who might be more comfortable speaking in their native language. The phone calls can be made from your own home (using an app, which does not reveal your personal phone number) and the people you are calling tend to be happy to hear from you, as they have been selected because they are predisposed to vote for a Democrat. The purpose of the call is to ensure that they are registered to vote, and that they know how to vote when the time comes.
You can also participate by sending text messages to prospective voters. Again, you can do this from home, and it really does help.
There are other volunteer opportunities available as well, not only for Joe Biden and Kamala Harris, but for “down ballot” candidates, whose election is also very important for protecting non-citizens (and all of us). For calling and texting, and other types of volunteer work, the Biden campaign provides training and support. To learn more, and get in touch with a volunteer coordinator, contact the Biden campaign here. Make sure they understand your immigration status, so they can put you to work in an appropriate capacity.
Finally, according to a federal court decision (penned by now-Supreme Court Justice Brett Kavanaugh no less), the foreign national ban–
does not restrain foreign nationals from speaking out about issues or spending money to advocate their views about issues. It restrains them only from a certain form of expressive activity closely tied to the voting process—providing money for a candidate or political party or spending money in order to expressly advocate for or against the election of a candidate.
Bluman v. FEC, 800 F. Supp. 2d 281, 290 (D.D.C. 2011), aff’d 132 S. Ct. 1087 (2012). Thus, it may be possible to make financial contributions to non-political “issue” organizations that do not mention candidates, political offices, political parties, incumbent federal officeholders or any past or future election. See AO 1984-41 (National Conservative Foundation). If you plan to contribute financially, check with the beneficiary organization to be sure that your immigration status is not a bar (and remember that Green Card holders may freely engage in political activity and make donations, as long as they do not vote).
There is a lot riding on the November election. Unfortunately, President Trump has used fear and division to mobilize many people. He has also attacked the rule of law, due process, and democracy itself. We need everyone–including non-citizens waiting to officially join our nation–to help elect Joe Biden and to preserve the republic for us all.
The Trump Administration came into office with the express goal of tightening rules related to asylum eligibility. Their efforts have resulted in reduced due process protections for asylum seekers, along with increased evidentiary burdens. Since the advent of the COVID-19 pandemic, the Administration’s anti-asylum rule making has gone into overdrive. If recently proposed regulations go into effect, asylum seekers could be denied protection simply for having passed through a third country or for having failed to pay taxes. Worse, these new rules will likely apply retroactively, thus potentially disqualifying some asylum seekers for choices they made years ago. While the asylum process was never easy, all these recent changes have made it much more difficult to successfully navigate the system, especially for those without legal representation. Here, we’ll review some data about asylum grant rates, discuss the process of seeking asylum, and talk about how a lawyer can help.
Data on Asylum Seekers
Unfortunately, it has never been easy to obtain solid statistics about asylum grant rates. One problem is that different asylum cases are adjudicated by different agencies. “Affirmative” asylum cases (where the applicant is inside the United States and initiates a case by submitting an asylum form) and “credible fear” cases (where the applicant presents at the border and requests asylum) are adjudicated by the Department of Homeland Security, by an asylum officer. “Defensive” cases (where the applicant requests asylum as a defense to being deported) are adjudicated by an immigration judge at the Department of Justice. Different agencies track data differently, so we do not have solid statistical information about overall grant rates. But we do have some pretty good data demonstrating that asylum grant rates are trending down and that having a lawyer helps.
According to TRAC Immigration, a nonprofit that collects and analyzes data from our nation’s immigration courts, pro se asylum applicants in 2019 and 2020 were granted asylum in about 13 percent of cases. During the same period, represented applicants received asylum in about 30 percent of cases. So, having a lawyer more than doubles the likelihood of a positive outcome. Also, the data indicates that it is getting more difficult to win asylum. In 2012, about 55 percent of asylum cases (represented and pro se) were granted. Since then, grant rates have dropped—to 41 percent at the beginning of President Donald Trump’s term and to about 25 percent by March 2020.
The world’s most powerful superheroes (pro bono attorney, second from right).
The Asylum Process
As noted above, there are two basic paths to asylum: affirmative and defensive. In addition, asylum seekers who arrive at the border or an airport and request protection undergo a credible fear interview, which is an initial evaluation of eligibility for asylum.
In an affirmative case, the applicant completes a form and an affidavit describing his fear of harm, gathers and submits evidence in support of the claim, and is eventually interviewed by an asylum officer. For a defensive case, the applicant typically appears before an immigration judge two times. The first appearance is called a master calendar hearing, which only takes a few minutes. At that stage, the judge determines whether the applicant is “removable” from the United States and what relief she is seeking (asylum and/or other types of relief). The judge then sets a date for the individual hearing (the trial), where the applicant presents her claim for asylum through evidence and testimony. Neither process is fast, and it is common for an asylum case to take several years.
A credible fear interview is more truncated. Most applicants have little or no evidence when they first arrive, and so their testimony becomes more important. If they demonstrate a “credible fear” of persecution in their home country, they are referred to an immigration judge to present a defensive asylum case. If they do not demonstrate a credible fear, they are usually quickly deported from the United States.
Preparing an asylum case—affirmative or defensive—can be challenging. The attorney needs to work with the client to write a detailed affidavit describing the asylum claim. This often involves discussing painful events from the client’s past. Obtaining evidence from other countries can also be difficult, as witnesses are overseas and may be reluctant to risk their safety by writing a letter or sending documents. In preparing a case, the attorney needs to resolve any inconsistencies between the affidavit, evidence, and country conditions, since inconsistencies can lead to a finding that the applicant is “not credible.” Also, the attorney must articulate a legal theory for the case; not everyone who fears harm in the home country is eligible for asylum, and so the attorney must examine the facts and determine the basis for eligibility. Finally, some applicants may be barred from asylum—for example, because they failed to timely file their application—and so the attorney must identify and address any legal bars to asylum.
How Pro Bono Lawyers Can Help
All this can be daunting, even for a lawyer who specializes in asylum. So, how can a pro bono attorney—who may not be familiar with this area of the law—help?
On this front, the news is good. Most asylum cases are relatively straightforward, and anyone with legal training and a bit of guidance can make a positive difference in the outcome. Also, excellent support and mentoring is available for lawyers who decide to take on a case pro bono. In representing asylum seekers, most pro bono lawyers work with a nonprofit organization, and these organizations are expert at identifying compelling cases and providing support to attorneys who do not specialize in asylum. (For some ideas about where to volunteer, check out these immigration nonprofits). Finally, while asylum cases can take years (due to government delay), the amount of attorney time needed to properly prepare and litigate a case is quite reasonable. Total prep time for a case is usually between 15 and 30 hours. For an affirmative case, applicants have only one interview, and those usually take three to five hours. Court cases usually involve two hearings: The master calendar hearing might involve waiting around for an hour or two, but the hearing itself requires only about five minutes with the immigration judge. The individual hearing (the trial) typically takes two to four hours. So, all together, the time investment is not terribly burdensome.
As for credible fear interviews, because they are not full cases and because they take place within a day or two of the applicant’s arrival in the United States, they require even less attorney time. In some cases, there is no time to prepare in advance, and the attorney’s role is simply to make sure that the asylum seeker’s interview is fair. Other times, it is possible to gather country condition evidence or other evidence in advance of the interview.
What’s It Like to Do an Asylum Case?
Having myself represented hundreds of asylum seekers, what keeps me interested are the clients’ stories. Of course, many of these stories are sad, but they are also hopeful. Asylum seekers are survivors. They have escaped danger in order to build a better life. Many asylum seekers are well-educated, successful people: politicians; activists for democracy, women’s rights, or LGBTQ rights; interpreters who’ve served with the U.S. military; members of religious or ethnic minorities; journalists. Asylum seekers I have known tend to be very patriotic towards the United States, and my clients’ faith in the American Dream is a source of constant inspiration for me.
The asylum process today is more difficult than ever. Many applicants with valid claims will be denied and deported unless they have help from an attorney. Equally important, applicants need someone in their corner to answer questions and provide moral support. Representing an asylum seeker pro bono can help change your client’s life. It can also be one of the most rewarding experiences of your legal career.
This article is by Jason Dzubow and was originally published in GPS Solo, Volume 9, Number 12, July 2020. Copyright 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
As you probably know, the Trump Administration recently proposed regulations to make it much more difficult to obtain asylum in the United States. That’s the bad news. The good news is that there is something you can do to try to reduce the damage: Submit a comment opposing the regulation. Submitting a comment is easy, free, and safe, even for people with no lawful status in the U.S. You can do it from the comfort of your own home. Right now. And best of all, it really can help. Here, we’ll talk about how to submit an effective comment.
Before we get to that, let’s talk a bit about the proposed regulation, which you can see here. The purpose of this regulation (and every regulation) is to interpret the law, as created by Congress. Regulations are created by government agencies (in our case, by the Department of Justice, Executive Office for Immigration Review) because agencies have specialized knowledge about how to implement (or in our case, subvert) the law. The regulations cannot violate the law or they will be invalidated by courts. Also, regulations cannot be “arbitrary and capricious,” meaning the agency must provide a rational reason for the regulation. While there is a lot of bad stuff in the proposed regulation, I wanted to focus here on the points that people might be most interested to comment about–
The definition of “particular social group” is narrowed, so that it is more difficult to get asylum if you fear harm from gang members or criminals, or based on domestic violence or an interpersonal dispute
The definition of “political opinion” is narrowed to exclude people who have a generalized opposition to criminals or terrorists
The level of harm required to demonstrate “persecution” is increased, and so asylum applicants will need to show a “severe level of harm”
The categories of people eligible for asylum are reduced, and people who fear persecution on account of “gender” are excluded from asylum
The new rule encourages decision-makers to deny otherwise-eligible applicants based on “discretion” and lists several “significant adverse discretionary factors,” including–
unlawful entry into the U.S. or use of fraudulent documents
the failure to seek protection in any third country the alien “transited” through, unless that country denied protection to the alien, the alien was a victim of human trafficking or the country was not a party to the Refugee Convention of 1951, the Protocol of 1967 or the United Nations Convention Against Torture
remained unlawfully in the U.S. for more than one year before seeking asylum
failed to file or pay taxes, if required
failed to report income to the IRS (i.e., worked without authorization and did not pay tax – this one will be a particular problem if the plan to delay and deny work permits for asylum seekers goes into effect)
Otherwise-eligible applicants will be denied asylum as a matter of discretion where they spent more than 14 days in a third country before coming to the U.S. or where they transited through more than one third country before coming to the U.S. (there are some exceptions to this rule, similar to those listed for the prior bullet point about “transit” through a third country)
Applicants will be denied asylum where they “either resided or could have resided in any permanent legal immigration status or any non-permanent, potentially indefinitely renewable legal immigration status… in a country through which the alien transited prior to arriving in or entering the United States, regardless of whether the alien applied for or was offered such status”
Torture Convention relief is not available where the torturer is a “rogue” official
Finally, it is not clear, but as the regulations are written, they could be applied to people who already have asylum cases pending. Obviously, this would be unfair, as it would punish applicants for choices they made years ago (if the rules are applied retroactively, they might very well be blocked by a legal challenge)
Other significant adverse discretionary factors include filing for asylum, fearing persecution, and not being an American citizen.
If there are things here you don’t like, you can comment about them. How to do that?
First, go to this web page, where the proposed regulations are posted. If you look in the upper right part of the page, you will see a dark blue box that says “Comment Now!” Click on that, and you will be taken to a page where you can type your comment. If you want to be fancy, you can even attach files to your comment. You also have to type a name. You can type your own name, but you can also write “anonymous.” The name you type will be included when the comment is posted publicly. There is an option to include your contact information, but this information will not be displayed publicly. Once you are done, check the box indicating that you “read and understand” your statement and hit “Submit Comment.” That’s it. Easy peasy.
While you are on the regulation web page, you can look to see what other people wrote (on the right side of the page). When I last checked, there were more than 1,300 comments.
What should you say?
It is best to write an individualized statement, rather than use a pre-made template. If you are an asylum applicant, maybe think about any parts of the new regulation that might harm you and explain how you will be harmed. You might also write about why you chose to seek asylum in the U.S. (if, indeed, you had a choice) and what is your impression of the U.S. asylum system. Remember, as an asylum applicant, you have something important to say and your voice should be part of this conversation. One important point: All comments must be submitted prior to 11:59 PM Eastern time on July 15, 2020. Also, if you post a comment, and you don’t mind, please copy and paste what you write into the comments section of this blog (below).
If you’d like some additional advice about what to write, check out these postings by Tahirih Justice Center and the American Immigration Lawyers Association (AILA), or just read the comments already posted on the regulation. The federal government also provides general, but helpful, advice about writing a comment.
Finally, you might ask, Does posting a comment matter?
Apparently, it does. According to AILA, “The administration will review and address those comments before the rule becomes finalized, so it is critical for us to submit as many unique comments as possible.” More comments = a longer review process. This will buy more time before these draconian new rules are implemented. Also, the “government gives more weight to each comment if it is unique from others,” and so it is important to personalize your submission.
Since its inception, the Trump Administration has been waging war against the rule of law in our country. Immigrants and asylum seekers have always been the first target in this war, but they are far from the only target. In this particular battle, asylum seekers have a crucial role to play, and so I hope you will consider making a comment in opposition to the proposed regulations. Together, we can protect our asylum system and our country.
Kate Sugarman is a family physician in Washington, DC. Here, she writes about her experience assisting detained asylum seekers who have health problems, and she invites you to join her and Doctors for Camp Closure for a lobby day and march on October 18 and 19, 2019.
In about 2005, I learned that if I can properly document scars of torture for someone who is seeking asylum, it greatly increases the odds of their being granted protection. So began my passion for human rights medicine and working to bring justice to immigrants seeking asylum in the United States. I have interviewed, examined, and written up forensic evaluations for well over 600 immigrants seeking asylum. All of these people have either been granted asylum or their cases are still pending.
Over the past several years, I have also been asked to go into ICE detention centers to document scars of torture for immigrants seeking asylum. Most of these people were detained upon entering the U.S. They have not committed any crimes, and are being held only because they have requested asylum in the United States.
Dr. Sugarman’s prescription for good health: Eat right, exercise, and stay away from ICE.
During the summer of 2018, like many other Americans, I became upset over family separations happening to those arriving at the ports of entry along the Southern border. I reached out to human rights doctors and lawyers and I became aware that many immigrants being detained in ICE facilities were being denied necessary medical care. I started building a medical-legal partnership, in which lawyers who were working with individuals being denied medical care while being held in detention could contact our group of doctors for an assessment of their client’s medical risk as a result of having appropriate care withheld. We then wrote medical letters to ICE to describe our findings, as a means of advocating for detainees to receive the care they needed and deserved. Some of our letters included medical assessments, such as “Denying HIV infected people their HIV pills would result in their getting sick and dying from a treatable illness,” “Denying surgery for a growing and painful inguinal hernia puts a patient in terrible pain and in grave danger,” and “Not treating a patient with a deep osteomyelitis that is now oozing large amounts of pus and giving her a fever will cause her to die from a treatable condition.”
Until a few months ago, more than half of these letters resulted in the person getting released. That is no longer the case, as ICE is now refusing to release asylum seekers, even if they are severely ill. As a result, I am shifting my energies, though I continue to work on behalf of detained immigrants who are being denied health care.
One case I worked on recently was for a man named Yoel, who is seeking asylum from Cuba and whose case was profiled on NPR. His lawyers contacted me because they were hoping I could get him released based on his untreated medical condition. He had been detained in Louisiana. He has a lung mass, which is quite suspicious for lung cancer. Instead of giving him a lung biopsy, which is the standard approach in this situation, ICE kept moving him back and forth from Louisiana to Mississippi. Despite a nationwide outcry from many doctors and members of Congress, he was deported, even though his wife is a U.S. resident living in Florida. Two days later, the U.S. Supreme Court ruled that people arriving at the Southern border to request asylum have to wait in extremely dangerous conditions in Mexico without being allowed to enter the United States.
A few days later, I testified on behalf of a woman seeking asylum. Since she is not being provided appropriate medical care, her neurological degenerative disease is getting worse. The judge spent most of his time grilling me over details that had no relevance at all to what I was trying to tell him. In that case, we are still waiting for a decision and the asylum seeker is still behind bars.
Which leads me to why I joined D4CC – Doctors for Camp Closure. There is no healthy amount of time for any man, woman or child to be behind bars, denied the basics of human health and dignity. Seeking safety and asylum in the United States should not result in inhumane, dangerous incarceration. We have already seen the results with multiple adults and children dying in ICE custody.
Please join us Friday October 18, 2019 as we lobby Congress for the health and safety of immigrants. Our March for Migrants in Washington, DC on Saturday October 19 is open to everyone who shares our concerns. Spread the word and let’s work together to put an end to mass incarceration of people who deserve care, not condemnation.
You can find more information about D4CC and the upcoming events here: Facebook: https://www.facebook.com/groups/915776502154354/ Twitter https://twitter.com/Doc4CampClosure Instagram: @Doctorsforcampclosure Website: https://d4cc.squarespace.com
This post is by the good folks at AsylumConnect, a web resource for LGBTQ asylum seekers.
There are still 70 countries, mostly in the Middle East, Africa, and Asia, where homosexual activity between consenting adults is illegal, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s latest State-sponsored Homophobia report. There are also currently six countries in which homosexuality is punishable by death.
According to Amnesty International, even in countries where homosexuality has been decriminalized, LGBTQ people can still face violence, arbitrary arrest, imprisonment and torture. An estimated 400 million LGBTQ people continue to face the risk of criminal imprisonment due to their LGBTQ identity.
As a result, every year, millions of people flee their home countries due to persecution based on their sexual orientation or gender identity (an estimated 5% of U.S. asylum claims are based on persecution of sexual orientation or gender identity, which suggests there are over 40,000 currently pending LGBTQ asylum cases in the United States).
AsylumConnect is a great organization. And it has a cool logo.
After fleeing violence, imprisonment, and death threats in their home countries, LGBTQ asylum seekers arrive in the U.S. in pursuit of a better life. However, many LGBTQ asylum seekers are traumatized when–nearly as soon as they arrive on U.S. soil–they are thrown into immigration detention facilities that replicate the very persecution they sacrificed so much to escape. LGBTQ asylum seekers, especially trans and gender non-conforming asylum seekers, are routinely targeted in ICE detention. For example, trans asylum seekers in detention are often denied access to hormones and gender-appropriate clothing, and some are physically and sexually assaulted.
The psychological and physical trauma endured by LGBTQ asylum seekers at the hands of their own government and families makes them especially vulnerable when they arrive in the United States. In addition to facing challenges as asylum seekers, LGBTQ asylum seekers face unique obstacles due to their LGBTQ identity:
An estimated 44 percent of LGBTQ refugees suffer from post-traumatic stress disorder (PTSD) when they arrive in the United States.
LGBTQ asylum seekers may be forced to “prove” their sexual orientation and/or gender identity to an asylum officer or immigration judge. Many are forced to face gendered stereotypes when dealing with those who are not properly trained in processing LGBTQ/SOGI (sexual orientation and gender identity) claims.
After experiencing severe levels of transphobia and homophobia in their home countries, many LGBTQ asylum seekers fear the organizations that they go to for help in the U.S. will also discriminate against them based on their LGBTQ identity. Once in the U.S., LGBTQ asylum seekers must find services that are both immigrant-friendly and LGBTQ-friendly during the lengthy asylum process.
While organizations that help LGBTQ asylum seekers do exist in this country (such as LGBTQ centers and verified LGBTQ-friendly immigration services), information on where to find these resources is difficult to access.
In 2014, a lesbian American and a gay asylum seeker co-founded AsylumConnect to fill this information gap. AsylumConnect is a nonprofit organization providing the first and only resource website and app designed for LGBTQ asylum. The AsylumConnect catalog currently helps LGBTQ asylum seekers find verified safe resources during the U.S. asylum process. LGBTQ asylum seekers can use AsylumConnect as a one-stop-shop to meet their needs in all aspects of their lives, including where it is safe to go for help with housing, hygiene and clothing, legal assistance, food, medical care, mental health treatment, community support, translation, transportation, education, and employment. Nonprofits and attorneys can also use AsylumConnect to easily gather verified resource referrals for their LGBTQ clients.
There should never be a moment when someone does not know where it is safe to go for help due to their LGBTQ identity or immigration status.
A recent paper by Neil Graffin, a Lecturer in International Law at the Open University, explores the emotional impact of working as an asylum lawyer. As you might expect, the study found that those of us who represent asylum seekers suffer from burnout and emotional stress. As a “protective mechanism,” we tend to detach ourselves from our clients, and we sometimes become “cynical or disbelieving of client narratives.” More surprising, perhaps, the author found that this “complex reaction” had both positive and negative effects in terms of case outcomes. The paper concludes that “more should be done to protect practitioners working in this area of law,” since “we cannot discharge our duties to asylum claimants, without protecting those who deliver assistance in protecting their rights.”
In researching his paper, Professor Graffin spoke to nine asylum advocates in England and one in the Republic of Ireland. The interviewees had a wide range of experience in the field, from one year to 30 years. Some worked for private firms; others for non-profits.
As we all know, we Yanks tend to be a lot tougher than the wilting flowers in England. Even so, Professor Graffin’s findings largely track with my own experience and that of my colleagues on this side of the pond. So as far as I can tell, the emotional impact of representing asylum seekers is essentially the same for lawyers in the U.S. and for our more fragile British cousins.
It seems to me that Professor Graffin’s findings can be divided into two broad categories: Effects on lawyers caused by dealing with individual clients, and effects caused by “the system.”
Corporate Lawyers
At the individual level, dealing with traumatized asylum applicants is often “emotionally demanding” and “can have a negative emotional impact on practitioners, manifesting in self-reported burnout and emotional stress.” It can also lead practitioners to develop a cynical or disbelieving attitude towards some clients.
This type of skepticism does not necessarily have a negative effect on case outcomes, however. On the contrary, some study participants observed that “having a cynical or disbelieving attitude could make them better practitioners” because it helped them get “into the minds of the ‘suspicious decision-maker’” and “to spot issues of concern in their claimant’s narratives.” From my own perspective, a healthy skepticism towards our clients’ claims is crucial. We need to imagine how our clients’ stories will be received by government decision-makers and anticipate weaknesses in their cases.
Study participants also spoke about the issue of secondary trauma, which comes from “dealing with individuals on a daily basis who have experienced gross and traumatic violations of their human rights.” One common defensive mechanism for practitioners was to distance ourselves from our clients. Too much distance leads to depersonalization, but too little can lead to burnout. The key is balance: We should aim to be “sympathetic but detached.”
Tax Lawyers
In my own practice, I often deal with people who have been traumatized. Some have been physically harmed or threated. Others have lost loved ones. Still others are suffering due to separation from family members. While I am sympathetic to my clients, I don’t believe that the main emotional impact I face relates to these micro-level issues. For me, at least, the bigger stress-inducer is the system itself: Too many cases, not enough time, too much bureaucracy, too little control. Professor Graffin also discusses these and other macro-level issues.
One big issue for me, and for the participants in Professor Graffin’s study, is volume. “Heavy caseloads… were cited as a particular concern amongst participants.” This was an issue for non-profits, which are under increasing pressure to do more with less, and for private practitioners like me, who aim to serve the asylum-seeker community and make a living in the process. “On the one hand, while having a smaller amount of cases was described as economically unviable, having too large a caseload created unmanageable pressure on the firm.”
Another issue involves unfavorable changes to the law. Both Britain and the U.S. (and many other countries) are experiencing an anti-refugee moment. Changes in the law have made it more difficult for us to help our clients. Referencing the “constant downgrading of rights,” one long-term practitioner in Professor Graffin’s study notes that for her, it is “easier to cope with [extremely traumatized clients] than the overall feeling that [she] was being disabled as a lawyer.” I agree. Lawyers are trained to learn the law and help our clients navigate the system. But lately, in the U.S., the government has been throwing up nonsensical bureaucratic barriers that make our jobs more difficult. These barriers are not legal barriers, but rather procedural hurdles. So an application that previously took, say, two hours to complete, now takes three hours. To me, this is a deliberate and arbitrary attempt to reduce immigration by making “the system” harder. I have been reluctant to pass on the costs of the additional work to my clients, as I feel that this would almost make me complicit in the government’s scheme. The problem, however, is that this leads to increased stress for my office mates and me.
Asylum Lawyer
Another job of a lawyer is to explain how the system works. If you file a claim for asylum, for example, there should be a predictable series of events that follows. Now-a-days, there is much less predictability in the system. This is in large part due to these same bureaucratic barriers. It is also due to the general dysfunctionality of the system. The end result, though, is that we lawyers have less power to influence outcomes than we should, and this also increases stress levels.
A final issue discussed in Professor Graffin’s paper is the effect of the over-all hostile environment towards asylum seekers. A number of the participants discussed how “negativity towards asylum claimants within some sections of society had an impact on them.” In an ideal world, human rights would be non-partisan. But of course, our world is far from ideal. The rhetoric in the United States and Great Britain is frequently cruel, and quite often untrue. While I can understand why such an environment can be demoralizing for asylum practitioners, I do not think it affects me that way. If anything, it has energized me to work harder for my clients. It is also one of the reasons we held the Refugee Ball back in 2017.
Finally, I of course agree with Professor Graffin’s recommendation that we provide more support for asylum practitioners, “including training and education in secondary trauma and burnout, as well as the potential for structural re-design to support individuals who hear traumatic narratives on a regular basis.” But the unfortunate fact is that most practitioners—including me—do not have time for additional training, and our current government is not about to take action to make our lives any easier. For now, we just have to keep on keepin’ on.
A few last points that were not directly mentioned in the paper: For me, an important coping mechanism is to have a sense of humor (maybe gallows humor) about the whole system. It is not always easy, but it gets me through the day. It is also nice to know that we asylum lawyers are not alone, and that all of us in the system are struggling with similar issues. So send your good vibes, and we will keep moving forward together.
Being an immigration attorney at a time when immigrants are under assault means that people often ask me what they can do to help.
Frankly, I am usually at a loss about how to answer this question. There are many ways to help, depending on what you mean by “help” and where your interests and abilities lie. The problem is, there is no magic bullet to solve our current difficulties. But there are things that people can do, both on the individual level and the collective level. I will discuss a few of those ideas here.
“I would have gotten away with deporting them all if it weren’t for you meddling kids.”
Volunteer with a Non-Profit: There are plenty of non-profit organizations that assist refugees, asylum seekers, and immigrants, and they need plenty of help. Such organizations can be found throughout the U.S. (here is a link to a list of organizations in each state), and they provide all sorts of opportunities to volunteer: Teach English or other skills, spend time assisting organizations or individual immigrants, help with job searches, resumes or job counseling. People with specialized skills can provide specialized assistance. For example, those lucky enough to be lawyers (gag!) can take a case pro bono, or—for a less burdensome commitment—attend a group event where you assist with immigration forms. Some asylum seekers need forensic medical exams or psychological reports for their cases, and could use expert assistance. Others need mental health therapy, or assistance navigating the DMV, Social Security Office or school or university bureaucracies. Still others need help with housing or public benefits. Many people who are new to our country are lost, and someone familiar with “the system” can provide invaluable guidance.
Also, many faith-based institutions, such as churches, mosques, and synagogues, have programs to assist non-citizens. My synagogue, for example, has helped refugee families from Syria and Afghanistan to resettle in the Washington, DC area. Synagogue volunteers assist with babysitting and setting up the new apartments. Some religious institutions are involved in the sanctuary movement, offering living space to non-citizens in an effort to shield them from deportation (ICE has thus far declined to enter churches to detain people). Perhaps you could encourage your church or mosque to consider joining this movement.
Get Involved Politically: There are numerous opportunities here too, and not just at the federal level. A lot has been happening at the local and state levels (where it is often easier to have an effect). One group that supports pro-immigrant candidates is Immigrants List. A group that assists with impact litigation and public awareness is the American Immigration Council. Many local non-profits are also involved in advocacy for immigrants. You can find such groups here.
Reaching out to politicians can have an impact as well. During the Obama Administration, opponents of immigration famously mailed hundreds of bricks to Congress. This was a not-so-subtle message to “build a wall.” If the other side can advocate effectively, we can too. Congress needs to know that many Americans support our humanitarian immigration system. Unless we reach out to them, our representatives will only hear half the story. You can contacting your Senators here, and your Representatives here. You can find links to the different state legislatures here. You don’t have to be a U.S. citizen to contact your representative. Anyone can do it.
Contact the Media: There are many misconceptions about asylum seekers and refugees in the news. If you see an article or program that misrepresents such people, you can contact the journalists and let them know (contact info is often available on the journalist’s website). I think it is especially powerful for refugees themselves to engage in such advocacy. It’s very difficult for stereotypes to survive in the face of individual truths, and so when asylum seekers and refugees tell their stories, it can be quite influential. Also, if you ask in advance, journalists will usually agree to keep identity information confidential, so you can talk to them without fear that your personal information will be made public.
Take to the Streets: I’m of two minds about public protests. Sometimes, I think they are useless; other times, I think they are transformative. Of course, there are all sorts of protests from mass rallies to performance-art type events (and there was also our very own Refugee Ball back in January 2017). Such events can be inspiring and energizing for the people involved. They can also help coalesce disparate people into a unified group. Such events also send a message—to politicians and to the American public.
Hire an Immigrant: The government is making it easier to discriminate against non-citizens. And in any case, it’s never been easy to get a job when you’re new to America. So if you have the ability to employ someone, why not consider an immigrant?
What if the intended employee does not have work authorization? Some people–such as people with asylum–are eligible to work even without the employment authorization document (the EAD card). It is obviously not legal to employ someone who is not authorized to work, but for many asylum seekers, who often wait months for their EAD, the only way to survive is to work without permission. Such people are frequently mistreated by employers. Hiring such a person comes with a risk to the employer as well as to the employee, and as a lawyer, I can’t advocate for breaking the law. However, at least in my opinion, employing such people, paying them fairly, and treating them decently is an act of resistance against an immoral system.
Talk to People Who Disagree with You: Advocates for immigrants have failed to convince the American public about the rightness of our cause, or at least we have failed to convince enough of them to win a presidential election. Rather than talking at people who disagree with us (as we often see on social media and left-leaning news outlets), we should be talking with such people. Speaking respectfully with people, listening empathetically and asking questions, and explaining a pro-immigrant view will not win everyone over to our side. But it might win over some. And even if we talk to people who disagree with us, and they are not swayed, a respectful conversation can help open doors later on. Anti-immigrant views seem to thrive in our current divisive environment. Perhaps if we work to tone things down and help move our country towards a more rational debate, it will also help immigrants. This needs to be done in big ways, but it also needs to be done in small ways, one conversation at a time. If you want to educate yourself about immigration issues, a good (pro-immigrant) source is the American Immigration Lawyers Association, which has policy statements on various issues.
So those are some ideas. Like I said, there is no magic solution for our current situation. But by supporting immigrants, in big ways and small, it is possible for each one of us to make a difference.
