Asylum and Its Discontents in the United States
This is the fifth part in an ongoing series about the Refugee Protection Act. The RPA contains many provisions to improve legal services and legal access for asylum seekers. The root cause of many problems in the asylum system is that aliens are not provided with counsel. According to TRAC, a website that gathers statistical information … Read more
This is part three in a series about the Refugee Protection Act. The RPA provides guidance about what constitutes a “particular social group.” A refugee is defined as a person with a well founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. See INA § 101(a)(42)(A). … Read more
This is part dieux in our series of posts about the Refugee Protection Act. Today’s topic is the “Material Support Bar,” INA § 212(a)(3)(B)(iv)(VI), which states that an alien who commits an act that he “knows, or reasonably should know, affords material support” to a terrorist organization is inadmissible. As written, the law makes no exception for … Read more
The Refugee Protection Act of 2010 is currently working its way through Congress. The proposed law makes some pretty significant changes to the asylum laws of the United States. Most advocacy groups are endorsing the bill, though it seems not to have captured the attention of the mainstream media. As an attorney who represents asylum seekers, … Read more
The Montreal Gazette reports that Canada will offer incentives to persuade rejected refugee claimants to leave the country. The measure is part of a comprehensive overhaul designed to speed up the refugee-determination process, mired in a 60,000-person backlog. Immigration Minister Jason Kenney said “We’re going to try to use carrots instead of sticks,” and said the … Read more
The Refugee Opportunity Act (s.2960), sponsored by Senators Leahy (D-VT), Cardin (D-MD), Feingold (D-WI), and Lugar (R-IN), would exempt aliens who are admitted into the U.S. as refugees or granted asylum and are employed abroad by the federal government or a federal contractor from the continued physical presence requirement. Under current law, refugees who enter … Read more
Senators Leahy (D-VT) and Levin (D-MI) introduced the Refugee Protection Act of 2010 (S. 3113) on Monday. The new bill seeks to ensure that legitimate refugees and asylum seekers are protected by the United States. Key provisions of the bill: Increased Protections for Asylum Seekers: Eliminates the requirement that asylum applicants file their claim within one … Read more