Asylum Division Continues to Hire Fraud Detectors; Not Protection Officers

by Jason Dzubow

This post is by Larry Gollub, who writes: I first encountered a proposal to create a professional corps of asylum adjudicators while in law school in 1985 and immediately knew that was what I wanted to do. I had to wait till 1991 for the government to create the asylum corps, but was hired with the second wave of new officers in 1992, serving with the asylum corps in one capacity or another until my retirement in 2015. I was asked to return to the training program on a part time basis in 2017 and stayed there through 2019. After returning to retirement, I worked with a group from the Asylum Officers union to draft Amicus Briefs to be filed in numerous court cases challenging Trump Administration policy changes. My main contribution was my detailed knowledge of the history of the asylum program.

About a dozen years ago, while researching just what the public thought an Asylum Officer did, I came across this post, by a person calling herself Lucette, in an online discussion thread conveniently titled, “Asylum Officer Qualifications”:

I am an immigration attorney with 3 years experience in Immigration Law and an interest in asylum law. I have successfully represented asylum applicants before CIS and in Immigration Court over the past three years. I am interested in a position as an asylum officer and I am wondering whether anyone would be so kind as to tell me whether my qualifications are such that I would be a viable candidate?

Lucette was constantly being passed over in her applications for employment as an Asylum Officer (“AO”) and wanted to know why. (more…)

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Afghan Asylum Absurdity

by Jason Dzubow

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. (more…)

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Updates from the Asylum Office–or–How I Learned to Stop Worrying and Love the Backlog

by Jason Dzubow

In a meeting held earlier this month, we received some updates from the Asylum Division. Although Acting Director Sue Raufer could point to some positive developments in asylum world, the news is generally pretty bleak. In a development that will shock no one, the worst news relates to the backlog, which is growing at an unprecedented rate.

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More Unsolicited Advice for the Asylum Office

by Jason Dzubow

Dear Asylum Office –

Did you ever have an annoying friend who keeps wanting to tell you what’s what? Who couldn’t accept that you’re not interested in his advice about how to improve your life? Who blathers on about this-and-that without noticing that you’ve nodded off? I get it. But here I am anyway. The fact is, my dear Asylum Office, you’re a mess and something needs to be done.

Please don’t misunderstand when I say that you’re a mess. I am speaking as a friend. Or maybe a frenemy. According to your own data, there are now (as of December 2021) more than 438,500 cases pending at our nation’s Asylum Offices. Many applicants have been waiting for years without an interview and with no real hope of receiving a decision any time soon. The good news is that you’ve hired 80 brand-spankin’ new officers to interview older (pre-2016) cases. But the concern is that these officers will not be used efficiently or fairly. Luckily, I am here to offer some unsolicited advice about maximizing efficiency and protecting due process of law. (more…)

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Help Is on the Way for Asylum Seekers in the Backlog + a Humble Request for the Asylum Office

by Jason Dzubow

It’s the rare occasion when I can report some good news, but it seems that USCIS is taking action to help people in the affirmative asylum backlog. According to the most recent data (from December 2021), there are about 438,500 cases pending at the Asylum Office. The large majority of these applicants have not yet received interviews. Now, USCIS has hired an additional 80 Asylum Officers who will be dedicated to interviewing applicants who filed for asylum on or before January 1, 2016, meaning that they will be interviewing asylum seekers who have been waiting the longest.

Here, we’ll discuss what this means for those applicants, and also for people who filed after January 1, 2016. I’ll also make some suggestions about how to schedule these interviews in a way that is fair to applicants and to their lawyers (i.e., I will beg USCIS to have mercy on us). (more…)

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Asylum Office Finally Releases New-ish Statistics

by Jason Dzubow

Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nation’s Asylum Offices. The Biden Administration has not seemed particularly eager to restore transparency, but now, a year and a half after President Biden took office, we finally have some new data from the Asylum Division. Mind you, the data is only current as of December 31, 2021, but we are told more information will be released soon. Since “soon” in asylum world tends to mean “not any time soon,” I’ve decided to write about the information we have now, rather than wait for a second data dump, which may or may not be released in the near future.

The new data gives us a lot to discuss and sheds some light on why cases are moving so slowly. It also raises questions about how the asylum system is working–or not working. (more…)

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Don’t Forget to Update Your I-589

by Jason Dzubow

It’s common these days to find asylum seekers at the Asylum Office and in Immigration Court who filed their asylum application, form I-589, five, six, seven or more years ago. During that time, some information on the form becomes out of date. Also, new events occur which need to be added to the form. What is the best and most efficient way to update your asylum application at the Asylum Office and in court? (more…)

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Second Interviews at the Asylum Office

by Jason Dzubow

Though I haven’t seen any data to back this up, it seems to me that second interviews at the Asylum Office are becoming more common. I’ve been hearing reports about second (or third) interviews from others and we are seeing it in our own practice as well. In this post, we will talk about the second interview: Why is it needed? What happens at a second interview? How should you prepare? (more…)

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Failures and Solutions at the Asylum Office

by Jason Dzubow

A new report, Lives in Limbo: How the Boston Asylum Office Fails Asylum Seekers, raises concerns about the Boston Asylum Office and about the affirmative asylum system in general. Here, we’ll discuss some of the report’s findings and some suggested improvements to the system. I want to focus on one particular suggestion in the report, which has been on my mind lately: Whether asylum applications can be approved largely “on the papers,” with only a brief interview. But first, let’s take a look at the report’s main points. (more…)

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Affirmative Asylum Updates: Winners and Losers

by Jason Dzubow

If you are a regular or even occasional reader of this humble blog, you know my opinion of the affirmative asylum system–it is a disaster. There are currently more than 435,000 pending cases, representing upwards of 800,000 people. Some applicants have been waiting for their interviews for five, six, seven or more years, separated from spouses and children and living in existential uncertainty. Now, it seems that we are on the verge of a perfect storm, which will throw tens of thousands of new cases into the system at the same time as resources will be diverted away from affirmative cases. These changes will result in some winners and some losers. Here, we’ll discuss these new developments and how they might affect the asylum process. (more…)

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Anatomy of an Asylum Office Inquiry: Expedite Requests

by Jason Dzubow

Let’s imagine a not-so-hypothetical scenario: You filed for asylum at the Asylum Office, and your case has been pending for years without an interview. Or here’s another one: You finally had an interview at the Asylum Office, but you have been waiting months or years without a decision. Today and in an up-coming post, we’ll talk about the most effective ways to make an inquiry in these situations. (more…)

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I’m a Dependent in an Asylum Case (part 1)

by Jason Dzubow

Asylum seekers may include their spouse and unmarried, minor (under 21-years old) children as dependents on their asylum case, as long as the dependents are physically present in the United States. Here, we’ll discuss issues related to dependents at the Asylum Office. In a future, post, we’ll discuss dependents in Immigration Court, as there are some differences. Let’s get right to it. (more…)

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