Asylum

# Asylum# Asylum Seekers

Book Review: Asylum–A Memoir & Manifesto by Edafe Okporo

Growing up gay in Nigeria was dangerous, both physically and psychologically. Despite the obstacles, Edafe Okporo managed to build a life for himself, get an education, and find a job where he helped gay men access healthcare. During his years in Nigeria, Mr. Okporo watched as conditions worsened for members of the LGBT community. The country enacted anti-LGBT legislation, which criminalized homosexuality and encouraged community members to report sexual minorities to the police. In 2016, a mob attacked Mr. Okporo in his home and beat him into unconsciousness, chanting “Gay! Gay! Gay!” The last straw came later that same year when–ironically–Mr. Okporo received recognition for his activism by a U.S.-based NGO. The NGO posted an article about Mr. Okporo online, essentially “outing” him to anyone with an internet connection. He immediately fled his home and fled his country.

In his new book, Asylum–A Memoir & Manifesto, Mr. Okporo recounts his tale of persecution, his escape to America, and his experience with the U.S. asylum system.

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By Jason Dzubow
# Asylum# Asylum Seekers

Disorder at the Border

The Biden Administration has proposed new regulations that restrict who is eligible to claim asylum at the U.S.-Mexico border. The new rules anticipate the end of Title 42, a public-health program that limited the number of people who could seek protection at the border. Advocates have condemned the new measure, labeling it a “transit ban” that is unworkable and a violation of U.S. asylum law. Whether the policy is illegal, I am not sure, but it certainly seems unworkable in the sense that it will likely not deter many asylum seekers from coming to the border to ask for protection.

Here, I want to talk about the new rule, and what impact it might have on asylum seekers at the border and in the interior.

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By Jason Dzubow
# Asylum# Asylum Office# Asylum Seekers

Afghan Asylum Absurdity

I wrote last time about recent updates from the Asylum Division. Here, I want to focus on one element of those updates: How the Asylum Offices are dealing with asylum applications from Afghan evacuees.

Since Afghanistan fell to the Taliban in August 2021, about 88,000 Afghans have been evacuated by the U.S. government and brought to our country. These are generally people who cooperated or worked with the United States or the prior Afghan government, plus their immediate family members. These Afghans would be at risk of harm or death in their country due to their affiliation with the United States or the prior government of Afghanistan.

Ideally, we would have brought these people here and given them permanent status, so they could feel stable and safe, and so they could start rebuilding their lives. Unfortunately, that is not what happened. A bill to regularize the status of Afghan evacuees–the Afghan Adjustment Act–has stalled in Congress, and so the evacuees are left in limbo, not knowing whether they can stay or whether they will have to leave. As a result, many evacuees have no other option but to seek asylum. This situation is absurd and insulting, and–adding injury to insult–the Asylum Offices are mishandling the Afghan’s applications.

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By Jason Dzubow
# Asylees and Refugees# Asylum

Preemptive Asylum for Ukrainians

Vladimir Putin has had a gun to the head of Ukraine for years. The most recent troubles began in 2014, when a pro-Russian president of Ukraine fled to Russia, rather than submit to an impeachment vote (he was impeached anyway). Several regions of Ukraine declared loyalty to the former president, and fighting broke out. Ultimately, parts of Ukraine came under Kremlin control, including the Crimean peninsula, which Russia annexed after an “election” by that region’s residents. Since then, fighting and allegations between the two nations have waxed and waned, but the Russians did not move towards a major escalation–until recently.

The current buildup began last fall, and there are now more than 100,000 Russian soldiers and Ukrainian separatists deployed for war. Analyst have suggested that a large-scale invasion is likely in the coming days or weeks. What does this mean for Ukrainian citizens in the United States who face possible persecution if Russia takes over or installs a pro-Russian puppet? Can such people file for asylum now, even though a Russian invasion is still speculative?

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By Jason Dzubow
# Asylum# Asylum Seekers

Circularity in Particular Social Group Decisions

This post is by Jim Feroli, an attorney with Immigration Legal Services (ILS) of Catholic Charities, Washington, DC. He has worked with ILS since 2014 and helps to manage the pro bono program. He focuses on asylum, U Visa and VAWA cases, and removal defense generally. He has also represented immigration clients before the Board of Immigration Appeals and U.S. Courts of Appeals.

I’m a movie fan. If you haven’t seen it, I recommend the film Gladiator. Russell Crowe stars as Maximus, a Roman general who is betrayed, sold into slavery, and forced to fight in gladiator matches. The movie has some good action scenes and strong acting by Crowe and Joaquin Phoenix, who plays the demented and cruel heir to the throne. It’s about persistence, redemption, and the human spirit and is worth a watch on Netflix.

As an immigration lawyer, I wondered would Maximus, as a slave in ancient Rome, qualify for membership in a particular social group? I’m sure most people watching the film had the same concern. My answer is yes. Maximus’s status is immutable. Slavery in this context is both a status and a condition. As much as Maximus may want to change his status, it is beyond his control. By chance he could be emancipated, but more likely, he will die a slave. Being a member of the group of slaves is also particular. It is distinct and the borders of the group are clear. There is a strong contrast between persons who are slaves—and thus private property—and those who are not. Generally, people should understand if they fit within the group of slaves or free persons, in this case Roman citizens. Lastly, the group is socially distinct. Legally and economically, society recognizes slaves as different. They are deprived the rights to participate in civic life and may be bought and sold by others. Certainly, a runaway slave should qualify for refugee status and not be returned to face additional persecution.

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By Jason Dzubow
# Asylum# Asylum Office

Reflections and Advice from a Recently-Retired Asylum Officer

This article is by Allen Schwartz, a former Asylum Officer who now offers consulting services to asylum seekers and attorneys. He may be reached at allen.schwartz@visaconsults.com or (305) 528-6474. Learn more about him at his website, www.visaconsults.com.

After a 23-year career as an Asylum Officer with INS/USCIS, I decided to retire in late 2019 and pursue my lifelong passions, such as travel and exploring this incredible world with its wide variety of people, cultures, and languages. I also planned on utilizing my extensive background in immigration, particularly asylum and refugee work, as a consultant. Little did I know or could have predicted that a few months after my retirement, the COVID-19 pandemic struck the world in unimaginable ways and turned “normal life” upside down. As a result of the pandemic, international borders were closed, embassies and consulates were shut down, travel was severely restricted, and immigration to the United States came to an almost virtual standstill.

COVID-19 has also dramatically reduced the number of affirmative asylum cases being scheduled and interviewed at our Asylum Offices here in the United States and the affirmative asylum backlog has continued to grow exponentially. Only recently have we seen that in-person asylum interviews are being scheduled again, albeit at a significantly reduced number.

Before COVID-19, each Asylum Officer was required to interview eight cases per week, a very daunting task. Currently, the number of interviews have been cut at least in half in most offices, since the Asylum Officer, the attorney/representative, and the applicant must be in separate rooms. A recent policy change requires that interpretation must be provided by a telephonic government-contracted translator during the interview. Prior to COVID-19, applicants were required to bring their own interpreter for the interview. The future for an accelerated and expansive interview schedule for affirmative asylum cases remains to be seen. While we wait, I have prepared a six-point “best advice” list for your review–

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By Jason Dzubow
# Asylum# Asylum Seekers# Published Decisions

Back to Bad

Last week, Attorney General Merrick Garland issued two decisions reversing Trump-era cases that limited asylum eligibility. Here, we’ll discuss those cases and how the AG’s decision will affect asylum seekers.

The first case, Matter of A-B-, 28 I&N 307 (AG 2021), involves asylum for victims of domestic violence. There is a long history here, but the basic story is that victims of domestic violence have traditionally had a hard time qualifying for asylum. Through a series of cases between 2004 and 2014, the government created a (convoluted) path for victims of DV to receive asylum by classifying them as a “particular social group” (to qualify for asylum, an applicant must show that the feared harm is “on account of” race, religion, nationality, political opinion or particular social group). While this was an important step for DV asylum seekers, presenting a successful case was still very difficult, especially for people without a lawyer (probably the majority of applicants). The Trump Administration re-visited DV asylum starting in 2018, and essentially erased the gains made during the prior decade and a half. Now, the pendulum has swung once again, and the Biden Administration has reversed the Trump-era reversal. In other words, we are back to the not-so-great place where we were in 2017. This means that victims of domestic violence can once again obtain asylum, assuming they can satisfy the narrow definition created prior to President Trump.

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By Jason Dzubow
# Asylum# Get Involved# Human Rights

Join Me for an Online Conference about the U.S. Asylum Crisis and What You Can Do About It

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).

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By Jason Dzubow
# Asylum# Asylum Seekers

Fixing Asylum Part 2: USCIS Forms

Here’s a point that should be self-evidence, but isn’t: Bureaucracy exists to facilitate the implementation of the law. Congress passes a law, and then government agencies create a system of policies and procedures to put that law into effect. In principle, this system should be easy to use and efficient, and should allow people to … Read more

By Jason Dzubow