Reading the Tea Leaves on Trump’s Mass Deportation Plan

by Jason Dzubow

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.    (more…)

Continue reading

38 Comments

Testifying in Immigration Court

by Jason Dzubow

For asylum seekers in Immigration Court, the Individual Hearing is where they tell their story to the judge and get a decision. Even with a kind Immigration Judge (IJ) and a reasonable DHS Attorney (prosecutor), testifying in court can be intimidating and stressful. Here, we’ll talk about the Individual Hearing and what is expected from respondents (non-citizens seeking protection) and witnesses.

(more…)

Continue reading

65 Comments

Getting Ready for the Trumpocalypse

by Jason Dzubow

Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).

In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready? (more…)

Continue reading

187 Comments

Yesterday, Hate Won. Today, We Keep Going.

by Jason Dzubow

Today is a sad day. It is sad that hate, division, and lies have carried the day in our election. It is sad for our country, which has put its trust in one who is not worthy of that trust. It is sad for the free world, which has traditionally looked to us for leadership. It is sad for our government workers, who strive to serve their country faithfully, but whose efforts have been scorned by the electorate. It is a sad day for those of us who know and admire asylum seekers as some of the bravest, most hard working, and most patriotic people we know. And it is sad for asylum seekers themselves, who have fled persecution and honored our country by choosing to come to the United States, only to be met with falsehoods and hate. 

As I write these words, Mr. Trump’s victory has just been called. I have not had much time to absorb the news (though as a confirmed pessimist, I can’t say I was particularly surprised), but here I thought I’d share a few initial thoughts. (more…)

Continue reading

201 Comments

A Pre-Election Letter to My Asylum Seeker Clients

by Jason Dzubow

With the election a week away, I wanted to share a few thoughts with my asylum-seeker clients.

While we do not know how the election will turn out, it’s difficult to feel optimistic for our country or for the asylum system. If Donald Trump wins, he plans to use the full force of government to harm immigrants, to implement mass deportations, and to block foreigners–and in particular Muslims–from coming to the United States. If Kamala Harris wins, we can expect much more reasonable policies, though given public concern about migration, her ability to make significant improvements will likely be limited.

Whatever happens, and whatever hardships are to come, it is important for asylum seekers and immigrants to know that you are not alone. There are many, many Americans who are glad you are here and who will do whatever we can to help you remain in the United States. (more…)

Continue reading

95 Comments

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…)

Continue reading

46 Comments

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…)

Continue reading

41 Comments

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…)

Continue reading

38 Comments

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…)

Continue reading

56 Comments

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…)

Continue reading

113 Comments

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…)

Continue reading

77 Comments

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…)

Continue reading

66 Comments

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…)

Continue reading

90 Comments

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…)

Continue reading

97 Comments

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…)

Continue reading

141 Comments