USCIS Ends Some “Holds,” Including on Certain Asylum Seekers

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USCIS Begins Re-Verifying — and Sometimes Detaining — Refugees

Earlier this month, USCIS announced the commencement of Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening) in Minnesota with plans to later expand across the country. USCIS describes the operation as “a sweeping initiative reexamining thousands of refugee cases through new background checks and intensive verification of refugee claims.” The Agency will initially focus on “Minnesota’s 5,600 refugees who have not yet been given lawful permanent resident status (Green Cards).” USCIS adjudicators will conduct “thorough background checks, reinterviews, and merit reviews of refugee claims.”  

As part of this new effort, ICE agents have arrested “dozens of refugees… mainly from Somalia and includ[ing] children.” The targeted individuals mostly do not seem to have any criminal issues, and many have been quickly transported out of state, away from family members, friends, and lawyers.

Today, we’ll discuss what USCIS’s so-called “war on fraud” means for refugees and other immigrants, and how to prepare in the event that your case is subject to re-verification.

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ICE, Lies, and Videotape

Last week, an ICE agent in Minneapolis fatally shot Renee Good, a U.S. citizen and mother of three. Ms. Good was in her vehicle protesting an ICE enforcement action in her city. Most people who have seen the various videos (including me) view the killing as completely unjustified or–at a minimum–believe that the incident requires a fair investigation to determine exactly what happened. Unfortunately, that did not stop President Trump and his team from quickly labeling Ms. Good a domestic terrorist and professional agitator, who the ICE agent shot in self defense

The killing and the Administration’s callous response have sparked mass protests in Minnesota and throughout the United States.

It’s difficult to know what to say about this terrible shooting and the subsequent attacks on Ms. Good, but for me, the incident fits a familiar pattern. The Trump Administration lies about anyone it does not like, and then uses those lies to justify harming that person. The difference here is that the harm came first and the lies came afterward. Also, the video evidence allows us to see for ourselves how the Administration is mischaracterizing events.

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USCIS Restricts Work Permits… Again

In the aftermath of an Afghan asylum seeker’s attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other “banned” countries, as well as on asylum seekers, refugees, and other migrants.

The most recent iteration of these efforts is the decision by USCIS–justified by “security” concerns–to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.

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“Halting” Asylum and “Re-Examining” Previously-Approved Cases

After the terrible shooting incident last week where a CIA-trained Afghan national killed one member of the National Guard and critically injured another, President Trump declared that he would “permanently pause migration from all Third World Countries” and “remove anyone who is not a net asset to the United States, or is incapable of loving our Country.” He also vowed to “denaturalize migrants who undermine domestic tranquility, and deport any Foreign National who is a public charge, security risk, or non-compatible with Western Civilization.”

We do not yet have a full picture of how these words will be put into operation, but several government agencies have already announced new restrictions on asylum and on people from Afghanistan and other “banned” countries. Here, we’ll look at what has been said so far, and try to understand how the new policies will affect asylum seekers and asylees.

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The Travel Ban Comes Home

Last summer, the Trump Administration implemented a travel ban to block or restrict nationals from certain countries from entering the United States. The ban was justified based on “national security” or because the targeted countries had higher-than-average visa overstay rates.

Now, according to a report from the New York Times and my conversations with Asylum Officers, it seems that people from banned countries who are already in the U.S. will face additional restrictions on receiving asylum and obtaining a Green Card.  

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USCIS Restricts Work Permits for Asylum Seekers

Asylum seekers are eligible for an Employment Authorization Document (EAD) while their application is pending. Although EADs are issued for 5 years, most applicants need to renew their employment authorization because the wait is so long.

Up until last week, if you filed to renew before your current EAD expired, you received an automatic 540-day extension of the current card. This was important, since USCIS often processes renewals slowly, and without the extension, many asylum seekers would lose the ability to work. But now, a new rule has eliminated the automatic EAD extension for asylum seekers (and others), and so when your card expires, you can no longer work lawfully.

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Targeting Pro-Palestinian Students (and Why That’s Bad for the Jews)

The Trump Administration has been targeting pro-Palestinian activists under an obscure provision of the Immigration and Nationality Act (INA), which provides, “An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.” See INA § 237(a)(4)(C)(1). Under this section, Marco Rubio, the Secretary of State, can basically designate any non-citizen for deportation.

Until recently, this provision was rarely used, but now, the Trump Administration seems intent on labeling hundreds of non-citizens–mostly students who have expressed opposition to Israel’s war in Gaza–as people whose presence in the U.S. has “potentially serious adverse foreign policy consequences,” thus rendering them deportable. 

Here, we’ll discuss INA § 237(a)(4)(C)(1) and some policy implications of its widespread use.

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Reading the Tea Leaves on Trump’s Mass Deportation Plan

One of President-elect Trump’s key campaign promises is the “mass deportation” of “illegals.” Now that Mr. Trump is preparing to assume the reins of power, there is understandable fear among immigrants and asylum seekers. What does the once-and-future President mean by “mass deportation”? Who will be affected? How will these plans be carried out?

The short answer is: We don’t know. Neither Mr. Trump nor his incoming staff has provided much detail about their plan. Here, we’ll review what we do know, and also take a look at the legal and logistical difficulties inherent in removing large numbers of people from the United States.   

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