Growing up gay in Nigeria was dangerous, both physically and psychologically. Despite the obstacles, Edafe Okporo managed to build a life for himself, get an education, and find a job where he helped gay men access healthcare. During his years in Nigeria, Mr. Okporo watched as conditions worsened for members of the LGBT community. The country enacted anti-LGBT legislation, which criminalized homosexuality and encouraged community members to report sexual minorities to the police. In 2016, a mob attacked Mr. Okporo in his home and beat him into unconsciousness, chanting “Gay! Gay! Gay!” The last straw came later that same year when–ironically–Mr. Okporo received recognition for his activism by a U.S.-based NGO. The NGO posted an article about Mr. Okporo online, essentially “outing” him to anyone with an internet connection. He immediately fled his home and fled his country.
In his new book, Asylum–A Memoir & Manifesto, Mr. Okporo recounts his tale of persecution, his escape to America, and his experience with the U.S. asylum system. (more…)
Let’s take a break from the doom and gloom associated with the President’s ongoing effort to subvert our democracy and look at something a bit more cheery–A new edition of the book My Trials: Inside America’s Deportation Factories by Paul Grussendorf. Judge Grussendorf’s 35-year career has spanned the gamut in the asylum law field: Immigration attorney, clinical professor, Immigration Judge, Supervisory Asylum Officer, Refugee Officer. His book, styled a “legal memoir,” discusses his time as an advocate and adjudicator and gives an insider’s perspective on our nation’s very dysfunctional immigration system.
While this book is generally targeted at people in the profession, law students, and policy-makers, it would also be useful for asylum seekers themselves. In many respects, Immigration Judges, DHS attorneys (the “prosecutors” in Immigration Court), and Asylum Officers are an inscrutable bunch. What are they thinking about when they interact with applicants and make decisions? How do they relate to each other? What are their outside interests? Judge Grussendorf’s book shines a light on the world behind the façade, and somehow, seeing government adjudicators as human beings is comforting.
That said, the overall picture painted by Judge Grussendorf ain’t pretty. He lays bare an immigration system that is a mess, where many prosecutors are unyielding and out of control, families are ripped apart for no logical reason (other than arbitrary laws that require it), politicians intervene to deny due process and treat immigrants as tools in a partisan game, and where training for judges and DHS attorneys is completely inadequate. The Judge has particular scorn for those DHS attorneys who do not know the law or care about “doing justice,” but who instead simply seek to deport anyone who comes into their crosshairs.
One aspect of the book that held particular interest for me was Judge Grussendorf’s discussions of cases he denied when he was on the bench. Such cases help illustrate how most deportations do nothing to make our country safer or better. Instead, they result in families being separated and good, hard-working people being ripped from their homes. Our harsh and unforgiving immigration laws often prevent judges–including well-meaning judges like the author–from granting relief even when that is clearly the better outcome. Other times, the applicant simply does not qualify for relief. In such cases, Judge Grussendorf did as most judges do: He denied the case and went on with his daily business. On reflection, it is striking that a judge can order someone deported in the afternoon and then go for a pleasant jog in the evening, but that’s the job, and good Immigration Judges can separate their job from their life.
The new edition of My Trials is timely, in that it has come out when Joe Biden is (hopefully) about to take office. While the Democratic Platform laid out a bold agenda, it is unclear whether a President Biden would be able (given Congressional resistance) or willing (given Mr. Biden’s more cautious nature) to pursue that agenda. Judge Grussendorf weighs in with a number of his own ideas for reform–some will require Congressional action; others will not.
A page from My Trials, chosen completely at random.
One of his proposals that I found interesting was the idea of granting Mexico some type of most favored nation status and essentially legalizing all Mexicans in the United States (except for those with criminal issues). Given that so many Mexican nationals are currently in the Immigration Court system, if this group were legalized, it would go a long way toward relieving the overburdened courts.
Judge Grussendorf also proposes removing asylum cases from the court system and delegating them to “Special Hearing Officers,” which are essentially better trained and better paid Asylum Officers. This would allow asylum cases to be adjudicated in a non-adversarial manner while freeing up the Immigration Courts to deal with other types of removal cases and eliminating the current redundant situation where the same asylum case is heard by both an Asylum Officer and an Immigration Judge.
A final proposal that I’ll mention here is the Judge’s idea to greatly reduce the use of pre-trial detention in immigration cases. This proposal is not unique to Judge Grussendorf. However, his real-world experience adds weight to arguments that the practice is dramatically over-used and illogical, and helps illustrate how devastating incarceration is for the non-citizen and the non-citizen’s family (and on the non-citizen’s ability to prepare for his Immigration Court hearing).
I hope that Judge Grussendorf’s book–and particularly his policy proposals–get some attention as we try to reform our immigration system. It seems like too often in this debate we hear from policy advocates and politicians, but not from people who have worked in the trenches. We need voices like Judge Grussendorf’s as we hopefully enter an era where immigration reform is a possibility.
My Trials sheds needed light on the absurd, cruel, dysfunctional, and unfair American asylum system. We are left with the impression that despite the systematic failures, justice in asylum cases is sometimes accomplished. When that happens, it is because individuals working within the system allow their humanity, decency, and respect for the rule of law to shine through and overcome the institutional barriers designed to prevent qualified applicants from receiving the protection they need and deserve. Judge Grussendorf is to be commended for his book, and for his effort to improve our nation’s asylum system.
In my house, we have young children who love books. We have to read to them all the time (at breakfast, at dinner, before bed – oy, it makes me crazy). Below are some books we’ve read that relate to my profession: Asylum and immigration. I’ve also included a few books that have crossed my desk for older kids or teens.
Of course, these subjects can be pretty heavy. How do you talk to young children about fleeing home, moving to a new place, separation from family? Thankfully, all this is outside my own children’s experience. But I do think it is important for them to learn about it. In part, because I work with refugees, but mostly, because it is a reality for many people, and children need to understand their world.
I must admit that the below list is pretty random. People gave us these books, or we found them at the library. If you’re looking for a more comprehensive list, check out BRYCS (Bridging Refugee Youth & Children’s Services), the “What Do We Do All Day?“ blog, and the Institute for Humane Education. But, for what it’s worth, here is my reading list for small, medium, and large children interested in a very grown-up issue:
Reading about the refugee experience can be scary.
Hannah Is My Name by Belle Yang (2004) – This is the story of a young girl who moves with her parents from Taiwan to San Francisco in the 1960s. She gives up her Chinese name, Na-Li, and takes an American name: Hannah. The girl and her family struggle in America while waiting and waiting for their green cards. A lawyer (or notario?) named Mr. Choo has helped the family with their paperwork, but there seems to be no progress and the family is stuck waiting for a decision (sound familiar?). At one point, the father has to escape from INS agents. This is a brightly colored book that really gave my children some idea about what I do in the office (waiting and more waiting). This book is probably appropriate for pre-school and elementary school-age children.
The Arrival by Shaun Tan (2007) – This is a graphic novel without words. It is probably more appropriate for middle and high school-age kids, but since I love it, I read it (assuming you can “read” a book with no words) to my elementary school-age children. The illustrations in the book are magnificent, and convey a sense of moving to a new, unfamiliar land. The book tells the story of a family living in a repressive and dangerous city. The father moves to a strange new country, where he must adapt, find work, and send for his family. This is probably my favorite illustrated book about the refugee experience. It is a moving and positive story about how people can help each other.
How I learned Geography by Uri Shulevitz (2008) – When he was four years old, author Uri Shulevitz and his family fled Poland and found refuge in Central Asia. It was World War II, and conditions in their new home were bleak. They barely had enough to eat, and so when Uri’s father spends the family’s dinner money on a large world map, Uri is understandably angry (and hungry). This book tells the story of how the young author uses the map and his imagination to escape his difficult existence and “explore” the world. In the end, Uri comes to appreciate his father’s wisdom. This is a beautifully illustrated and poetic book, which covers a challenging topic in a way that elementary-age children can understand and appreciate.
Two While Rabbits by Jairo Buitrago and Rafael Yockteng (2015) – This beautifully illustrated book tells the story of a little girl and her father who are traveling from Central America to the United States. Sometimes, they stop so that the father can work to earn more money for their trip. Why they are traveling and whether they reach their destination, we do not know. But the sights and experiences of the migration are shown from the perspective of the young girl, who spends her time counting the people, animals, and objects she encounters on the journey. As adults, we see a dangerous ride atop a freight train, menacing soldiers or a treacherous boat ride across a wide river. The girl in the story is barely aware of the danger. She focuses more on the beauty she encounters on her trip. There is a lot going on in this book visually, and my children enjoyed talking about the pictures and wondering about the girl’s journey. This story is appropriate for pre-school and elementary-age children.
Illegal by Eoin Colfer, Andrew Donkin, and Giovanni Rigano (2018) – This graphic novel is for teens or adults. I read it, but my children are still too young for a story like this. Illegal tells the story of two brothers who leave Niger, cross the Sahara, and try to reach Europe. The story is fiction, but the incidents portrayed are taken from real-life events. The book gives readers an idea about the difficult and very dangerous journey that many people take from Sub-Saharan Africa to Europe. The themes are necessarily mature, and though the worst issues (such as rape and murder) are not directly shown, there are plenty of scary incidents, including the deaths of many migrants. This is a sad, yet hopeful tale, which humanizes people who are too often treated as less than human.
An Olympic Dream: The Story of Samia Yusuf Omar by Reinhardt Kleist (2015) – This graphic novel is similar to Illegal, with a greater emphasis on the sad than the hopeful. It tells the true story of Samia Yusuf Omar, who represented Somalia in the 2008 Olympics. After the Games, she returned to her country where opportunities to train–especially for women–were limited (to put it mildly). To escape the threats and fulfill her dream of returning to the Olympics, she fled Somalia for Europe. Sadly, Samia died en route (and by the way, I am not really spoiling the story here–Samia’s death is described in the book’s introduction). While the story is depressing, the author conveys the sense of the journey and does a good job humanizing his subject. This book is appropriate for teens and adults.
Of course, this is just a sampling of the many books that discuss migration and asylum. What these books have in common is that they tell a very human story–the struggle for safety and freedom in a difficult and dangerous world. In this respect, these books form a powerful counterbalance to the dehumanizing narrative of asylum seekers as nefarious “others.” While these stories can be challenging, they are also uplifting, and they help children (and adults) better understand our world.
They say that truth is stranger than fiction because fiction has to be believable. That is basically the premise that got Scott Rempell thinking about the lives and stories of asylum seekers, and which led to his new novel, Five Grounds:
The idea to write an immigration novel that delves into the asylum process first hit me when I was working at the Office of Immigration Litigation in the Department of Justice. I was sitting in my office reviewing a Department of State report on a humanitarian crisis engulfing a particular country. I remember sitting back and thinking to myself that some of what I’m reading is stranger than fiction. It’s the type of information that people might read about in a novel and say, “no way that would happen!” But it does. It happens all the time in countries around the world and very few people know about it. I wanted to write a story that would educate readers about these countries, explain how the asylum process works, and highlight the tensions in the immigration debate.
Five Grounds is great reading material while waiting for your asylum interview.
The title refers to the five protected grounds that can form the basis for an asylum claim–race, religion, nationality, membership in a particular social group or political opinion. The novel follows three asylum seekers as they flee their home countries and make their way to the United States:
In Ethiopia, Tesfaye abandons his post at the Ministry of Defense and attempts to escape the country while a crazed rebel commander hunts him down for reasons he will spend years trying to fully understand. Lin’s mother forces her to leave China to protect her from the same fate that led to her father’s disappearance. In Mexico, Sofia’s health rapidly deteriorates, so she leaves behind her two young children and the memory of a murdered husband.
The three arrive in the United States where they must confront the American asylum system. A brief excerpt captures the flavor of the book:
Tesfaye placed a hand on each of his daughters’ cheeks. “I have some business to take care of, but I will come soon. I promise.”
Unconvinced, Yenee opened the door and grabbed hold of Tesfaye’s leg. “No, you need to come with us now, please come with us.”
Tesfaye picked up Yenee and tried to comfort her. He could feel the tears on his shoulder, seeping through his shirt. “Look at me, Yenee.” Tesfaye gently pushed up on Yenee’s chin so that her eyes met his. “Look at me,” he repeated. “I have always tried to teach you the importance of responsibility. Our country has put its trust in me and I have a responsibility to help protect it.”
“But . . .”
“You remember the importance of honoring one’s obligations?”
“Yes, it’s just . . .”
“Now I need you to be strong.” Yenee loosened her arms, which had been clenched around Tesfaye. Her body slowly slid down until her feet touched the cobblestone walkway below. After she reluctantly got back into the car, Tesfaye stuck his head inside the open window and kissed Yenee on her forehead. He walked over to the front passenger seat, reached in the car, and gently rubbed his wife’s neck, massaging her earlobe with his thumb.
“We will see you soon,” Ayana sighed, forcing herself to smile.
Tesfaye smacked the roof of the car twice with his hand and Negasi shifted into gear. The Mercedes sped down the long dirt driveway toward the front gates, dust spewing into the air. Tesfaye stood at the edge of the driveway until the dust had again settled into the bone-dry ground.
I will see them soon. I just need some time to think.
Tesfaye could not have foreseen the consequences of his decision that morning, but the circumstances of his past were already conspiring. A chain of events set in motion nearly two decades ago was about to catch up to him. Soon, the conspiracy would reveal itself, and he would spend years desperately trying to unravel it.
The author was an attorney for OIL–the Office of Immigration Litigation, which defends BIA decisions in the U.S. federal courts. Now Mr. Rempell is a professor at South Texas College of Law in Houston.
What has drawn me (and other attorneys) to the practice of asylum law is the stories of our clients: What they did in their home countries, how they survived, their journeys to the U.S., and their experience in the U.S. immigration system. Prof. Rempell writes, “my goal in writing Five Grounds is to educate and inform against the backdrop of a gripping, fast-paced story.” If you would like to learn more about Five Grounds–or buy the book, visit Prof. Rempell’s website, here.
