An Asylum Lawyer Responds to Alexis Nungaray, Mother of a Child Killed by Illegal Migrants

by Jason Dzubow

In a Fox News interview with Vice President Kamala Harris, host Bret Baier played a clip of Alexis Nungaray, whose 12-year-old daughter Jocelyn was murdered this past June. Charged with the crime are two Venezuelan migrants who illegally entered the United States shortly before the murder. Both men were apprehended near the border and released with notices to appear in Immigration Court.

In the clip, Ms. Nungaray blames the “Biden-Harris Administration’s open border policies” for the death of her child. This same idea has long been promoted by Donald Trump, who accuses migrants of bringing crime and drugs into our country.

In reality, crime is down in the United States and migrants consistently commit fewer crimes than native-born Americans. Of course, statistics are cold comfort to anyone who has been victimized by “migrant crime.” But using Jocelyn’s death to justify further restrictions on asylum seekers would only compound the tragedy. That’s because our asylum system saves many lives each year. It also serves our national interests. (more…)

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Dear Jill Stein and “Abandon Harris” Voters: My Asylum-Seeker Clients Need Your Help

by Jason Dzubow

I have been a member of the Green Party for more than 20 years. Our presidential candidate is Dr. Jill Stein, who is polling at between 1% and 2% in most swing states. That doesn’t sound like much, but in this year’s very tight contest for president, it could determine the outcome of the election.

A portion of Dr. Stein’s support comes from those who oppose Joe Biden and Kamala Harris on their policy towards Israel and Palestine. These voters, led by the Abandon Harris movement, have thrown their support behind the Green Party candidate, who is leading Harris among likely Muslim voters in several states.

The philosophy behind refusing to choose “the lesser evil,” is nothing new, and I have long disagreed with the approach. This year, the danger is particularly acute, as a Trump win will be especially harmful to Muslims, immigrants, and minorities in the United States (i.e., my clients), as well as people in Palestine. It will also set back the third party movement and cause great harm to our democracy. (more…)

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The Demon-Haunted Election

by Jason Dzubow

In his 1995 book The Demon-Haunted World: Science as a Candle in the Dark, astrophysicist Carl Sagan explains the scientific method and encourages non-scientists to think skeptically and critically about science and pseudo-science (in Dr. Sagan’s telling, pseudo-science includes topics such as ghosts, psychic abilities, and witchcraft). He laments the failure of our institutions to educate the populace to distinguish fact from fiction, and explains how the scientific method is not a belief system, but rather a tool for discovering the truth.

I can’t say that I am 100% onboard with Dr. Sagan’s theses, as I feel he leaves too little room for subjective human experiences, whether those are religious revelations or more esoteric phenomena, such as alien abductions and bigfoot sightings. However, as a basis for policy-making in the real world, unverifiable subjective experiences–or claiming one’s own “truth” regardless of the facts–can be downright dangerous. 

Exhibit A in that regard is the Trump campaign, which is largely untethered from anything close to reality. The “demons” that haunt Mr. Trump’s world are not abstract pseudo-scientific concepts. Rather, they are flesh and blood human beings, who are routinely lied about and scapegoated, and who are suffering real harm as a result. (more…)

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Jimmy Carter’s Immigration Legacy

by Jason Dzubow

Jimmy Carter turns 100 years old today. Mr. Carter was President from 1977 to 1981. During those years, he created the modern asylum system when he signed the Refugee Act of 1980, oversaw the admission of Cubans and Haitians during the Mariel Boatlift, assisted refugees from South Vietnam, which had recently fallen to the Communist North, and worked to increase security along the U.S.-Mexico border. During his long post-presidency, Mr. Carter has championed human rights and democracy, advocated for peace, improved healthcare, fought disease, promoted low-cost housing, and engaged in various diplomatic missions for the U.S. government. Among his many honors, Mr. Carter received the Noble Peace Prize in 2002. 

On the occasion of the former President’s 100th birthday, I thought it would be appropriate to look back at his record on immigration, and see how his contributions continue to impact asylum seekers and other migrants more than four decades after he left office. (more…)

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Updates (or Lack Thereof) from the Asylum Office

by Jason Dzubow

There was a time during the good old days of the Obama Administration when the Asylum Office would release quarterly statistics and even hold in-person stakeholder meetings where advocates could talk to the Asylum Office leadership. The Trump Administration worked hard to end transparency in government, and the pandemic didn’t help. As a result, the meetings and quarterly data disappeared. I had hoped that the Biden Administration would revive these practices, but that was not to be.

So now-a-days, we have to get our data where we can. This isn’t easy, but recently–as a result of my involvement in some Congressional lobbying efforts–I came across information about the Asylum Office that I thought I would share here. (more…)

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The Asylum Office Is Not Working – It’s Time to Try Something New

by Jason Dzubow

There’s a scene in the iconic 1994 movie Clerks where Dante Hicks says to his friend and fellow slacker Randall Graves: “You hate people!” Randall responds, “Yes, but I love social gatherings–isn’t it ironic?” This is basically the opposite of my feelings towards the Asylum Office. The people are (mostly) great, but the organization is a disaster. Interviews are routinely delayed for years on end, decisions are delayed for months or years after that. The Asylum Offices rarely give sufficient notice before the interview, so there is little time to prepare, and the interviews themselves are often inefficient and interminably long.

In a recent post, I discussed Faiza W. Sayed’s bold ideas for reforming the Asylum Office and reducing the backlog (which currently stands at well over 1.3 million cases). But the more I think about it, the more convinced I am that the Asylum Office cannot be saved. It should be eliminated. (more…)

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Congratulations to the Refugee Paralympic Team!

by Jason Dzubow

The Paralympic Games began with Dr. Ludwig Guttmann, a German-Jewish neurologist who fled the Nazis and received asylum in Great Britain. There, he opened a spinal injuries center at the Stoke Mandeville Hospital. The first Games–called the Stoke Mandeville Games–were organized by Dr. Guttmann in 1948 for servicemen and women injured during World War II.

The Stoke Mandeville Games later became the Paralympic Games, which first took place in Rome, in 1960. The event featured 400 athletes from 23 countries. Since then they have taken place every four years.

The first Refugee Team competed in the Paralympics in Rio in 2016. Many people had a hand in creating the team, but one crucial contributor was Shahrad Nasajpour, a Para athlete in discus from Iran. Mr. Nasajpour fled his country and arrived in the United States in 2015. He managed to expedite his asylum case after explaining to a supervisor that he needed status to compete in the Paralympics. “Be resilient in difficult times,” he advises. “You will hear a lot of No’s on a regular basis, but don’t take that No as an answer.” With Mr. Nasajpour’s words in mind, let’s take a look at some of this year’s Paralympic athletes, each the embodiment of resilience and perseverance.

(more…)

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No CBP One = No Asylum?

by Jason Dzubow

In January 2023, Customs and Border Protection launched a new iteration of its CBP One app. When it functions, the app allows migrants at the U.S.-Mexico border to make an appointment to present an initial request for asylum in the United States. The app has been plagued with technical problems, and many migrants simply did not have the equipment, language skills or know-how to use it properly. Nevertheless, starting on May 11, 2023, any migrant who arrives at the border and does not use the app may be barred from asylum in the United States. There are exceptions to the rule and the legality of excluding asylum seekers who do not utilize CBP One has been challenged in court. 

Today, we’ll talk about CBP One and what can be done to overcome the asylum bar for people who failed to make an appointment using the app. (more…)

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How You Can Help Elect Kamala Harris

by Jason Dzubow

With Joe Biden out and Kamala Harris in, the election map has become more favorable for Democrats. However, the upcoming election is far from a done deal. At best, it’s a toss up, since the Electoral College system favors Republicans by giving a disproportionate number of votes to less populated–and generally more conservative–states. That means that despite all the positive momentum, the possibility of a Donald Trump win is still very real.

Last time Mr. Trump was in office, his Administration did everything possible to block asylum seekers and immigrants, and to undermine the fair implementation of our nation’s immigration laws. Given what we’ve seen during this election cycle, a second Trump term would likely be far worse.

Few people have more at stake in this election than asylum seekers and other non-citizens. However, non-citizens are not permitted to vote or donate money to Ms. Harris or the Democrats. But that doesn’t mean there is nothing you can do to help. Here, we’ll talk about what you, as a non-U.S. citizen, can and cannot do to assist Kamala Harris, Tim Walz, and the Democrats.    (more…)

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The Democratic Party Platform and Asylum

by Jason Dzubow

In contrast to the Republican Platform, the Democratic Party Platform specifically discusses asylum, though mostly in the context of securing the border. While the Platform is fairly general and was created when Joe Biden was still the presumptive nominee, I would not expect major changes if Kamala Harris is elected president. Aside from future aspirations, the Platform discusses the Biden Administration’s accomplishments, though again, mostly related to border security. Here, we will look at the Biden Administration’s claimed accomplishments, as well as the party’s future plans. (more…)

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The Shocking Inefficiency of an Asylum Office Interview

by Jason Dzubow

There are currently more than 1.3 million cases pending at our nation’s Asylum Offices. One reason for this massive backlog is that the number of asylum applicants far exceeds the ability of the Asylum Office to process cases. Another reason is the U.S.-Mexico border, where Asylum Officers (AOs) interview each new arrival to determine whether they meet the initial eligibility requirements for asylum. These interviews sap significant resources from the Asylum Office, though lately, the situation at the border has been easing. A third big reason for the backlog–and the subject of today’s rant–is the way AOs conduct asylum interviews, which routinely take four or five hours, and which waste considerable time on irrelevancies. (more…)

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Celebrating the Refugee Olympic Team

by Jason Dzubow

There are more than 117 million forcibly displaced people worldwide. If refugees and internally displaced people formed their own country, it would be the 12th largest nation in the world.

To raise awareness about this crisis, the International Olympic Committee created the Refugee Olympic Team, which first competed in Brazil in 2016. This year, the team is made up of 37 athletes, hosted by 15 National Olympic Committees, competing in 12 sports. One goal of the team–aside from winning medals–is to demonstrate to the world that refugees enrich the societies where they settle. Here, we’ll meet a few members of the IOC Refugee Olympic Team. (more…)

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The Republican Party Platform and Asylum

by Jason Dzubow

The Republican Party has released its Platform for 2024. As usual with these things, it is short on specifics and long on political rhetoric. The first issue mentioned in the Platform is immigration: “Common Sense tells us clearly, in President Trump’s words, that ‘If we don’t have a Border, we don’t have a Country.'” It continues: “We must not allow Biden’s Migrant Invasion to alter our Country.” “Under the Trump Administration and a Republican Congress, it will be defeated immediately.” But how?

The Platform has a six-part plan “to stop the open-border policies that have opened the floodgates to a tidal wave of illegal Aliens, deadly drugs, and Migrant Crime.” Here, we’ll take a look at the plan and I will offer some thoughts. (more…)

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Know Notice, No Problem: How the Asylum Office Can Ensure Due Process of Law

by Jason Dzubow

The Asylum Offices have lately begun scheduling interviews for the longest-waiting applicants. The good news is that people who have been waiting seven, eight, nine years or more are finally receiving interviews. The bad news is that the Asylum Offices are giving little notice prior to the interview–often only a week or two–and so applicants have insufficient time to get ready.

Last time, I wrote about what applicants themselves should be doing now to prepare for their interviews. Today, we’ll discuss how the Asylum Offices can improve efficiency and ensure due process of law for asylum seekers. (more…)

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No Notice, Know Problem: What to Do Now that the Asylum Offices Are Interviewing Old Cases

by Jason Dzubow

Recently, the Asylum Offices have started scheduling interviews for applicants who filed years ago. In our office, we’ve seen a couple cases from 2015 get scheduled in Virginia, and I have been hearing from other lawyers about their old applications receiving interview notices in Virginia and at other Asylum Offices. That’s good news for applicants who have been waiting years for an interview. But as they say, every silver lining has a black cloud, and the black cloud here is a lack of sufficient notice to prepare for the interview.

Today, we’ll discuss what is happening at the Asylum Offices and what applicants should be doing now to get ready for their interviews. In a future post, we’ll talk about how the Asylum Offices can improve the system and ensure that applicants receive due process of law. (more…)

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