Congress

# Immigration

Remembering the Immigration Act of 1924

The late 1800s and early 1900s was a period of expanding and diversifying immigration to the United States. Prior to that time, the majority of immigrants to the U.S. came from Northwestern Europe, but between 1890 and 1920, most immigrants originated in Southern and Eastern Europe. Predictably, this shift caused a negative political reaction, which ultimately led to the very restrictive and racist Immigration Act of 1924 (also called the Johnson-Reed Act after the Congressmen who sponsored it).

It may be a fool’s errand to look for parallels between 1924 and 2024, but we’re going to try it anyway. And perhaps there are lessons to be learned from the Immigration Act one hundred years later.

Read more

By Jason Dzubow
# Asylum Seekers# Immigration

Let’s Talk About the Bipartisan Immigration Bill – or – Don’t Speak Ill of the Dead

The long-awaited bipartisan border security bill has finally been released. The bill was negotiated by Senators Chris Murphy (D-CT), Kyrsten Sinema (I-AZ), and James Lankford (R-OK).

Before details of the bill were even released publicly, Donald Trump came out against it. His main objection seems to be a fear that the bill might improve conditions at the Southern border, which would potentially harm his chances for re-election. As a result of his opposition, many House Republicans–including Speaker Mike Johnson–have labeled the bill “dead on arrival.” It is even questionable whether the bill can pass the Senate. While the chances for passage seem low, the bill could still have an effect. If Republicans are seen as opposing reasonable border reform, it might just come back to haunt them in the upcoming election.

Politics aside, let’s discuss the provisions of the bill, and how it might affect asylum if it happens to become law.

Read more

By Jason Dzubow
# Asylum Office# Asylum Seekers

Congress to the Asylum Office: “You Must Do Better!”

In a recent letter to USCIS, 61 members of Congress have expressed their “concern” about delays at our nation’s Asylum Offices. The letter calls on USCIS to prioritize the oldest cases for interviews and asks a number of pointed questions about the reasons behind the agency’s interminable delays.

Anyone familiar with the asylum system knows why this letter was necessary–approximately 800,000 cases (representing well over 1 million people) are stuck in the affirmative asylum backlog. More than 180,000 of these cases have been pending for five years or more, and some applicants have been waiting for their interview since 2015 with no real prospect of being interviewed any time soon.

Read more

By Jason Dzubow
# Asylum Office# Asylum Seekers

Congress Addresses the Asylum Office Backlog

In April, I wrote about our efforts to lobby Congress for help with the affirmative asylum backlog. Those efforts have finally born some fruit. Last week, forty Democratic members of Congress wrote a letter to Alejandro Mayorkas, the Secretary of the Department of Homeland Security, and Ur Jaddou, the Director of USCIS.

In the letter, the Members of Congress express their concern about the affirmative asylum backlog, which currently stands at well over 400,000 cases. The letter notes that many people in the backlog have already suffered severe trauma in their home countries, and expresses particular concern for “those who have languished in the backlog for extended periods of time—some close to seven years.” Many of these applicants are separated from immediate family members and have not seen their spouses or children for years. 

Unless it passes a new law, Congress does not have the authority to order DHS or USCIS to take particular actions. However, this new letter is significant in that–for the first time–Congress is “recommending” certain actions by the agency to address the backlog. I imagine such recommendations must be taken seriously, given that Congress does ultimately control funding for DHS and, to a lesser extent, USCIS (USCIS is largely funded by user fees). Hopefully, the agencies will take a look at these recommendations and make some changes to help those who have been waiting the longest. The main recommendations are as follows–

Read more

By Jason Dzubow
# Asylum Seekers# Get Involved# Legislation

Lobbying Congress to Reduce the Asylum Backlog

President Joe Biden sent the U.S. Citizenship Act of 2021 to Congress on January 20, his first day in office. This bill provides a roadmap to citizenship for undocumented individuals, prioritizes family reunification, addresses the root causes of migration from Central America, modernizes border security, and aims to reduce the Immigration Court backlog.

But even if the U.S. Citizenship Act becomes law (which seems increasingly unlikely), it does not address the backlog of over 373,000 affirmative asylum cases–these are mostly individuals who entered the United States legally with visas, and who then applied for asylum. They include democracy and human rights advocates, journalists, religious minorities, and members of the LGBT community, among others. Many in the backlog are torture survivors and others who have suffered severe persecution. Since one case sometimes contains several family members, the total number of people waiting in the affirmative asylum backlog is something like 600,000 individuals. Many of those in the backlog have already been waiting four, five or even six years for an interview. These individuals represent a “Hidden Asylum Crisis” because their suffering is invisible to the general public and has thus far been ignored by lawmakers.

Read more

By Jason Dzubow
# Asylum Seekers# Immigration

President Biden’s Immigration Bill

As you’ve probably heard, President Biden has proposed a comprehensive immigration reform bill, called the U.S. Citizenship Act of 2021. What does this proposal mean for asylum seekers? Who is included? When–if ever–will it go into effect? We’ll discuss those questions here. Spoiler alert: The answer to each question is “I don’t know.”

The first thing to know is that the bill is not yet public. All we have is a summary. Assuming the Biden Administration is being truthful (and I’m willing to grant them the benefit of the doubt, at least for Mr. Biden’s first week in office), a bill was sent to Congress on day one of the new Administration. Only a select few Congress people have the text of the bill, including New Jersey Senator Bob Menendez, who plans to introduce the bill in the Senate. Eventually.

Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# National Security

Congress: Asylum System Letting in Terrorists

According to a letter from four members of Congress to DHS Secretary Jeh Johnson,  a “recent disclosure [by USCIS] regarding the number of aliens found to have a ‘credible fear’ in cases where the terrorism bar to asylum eligibility may have applied raised the concern that hundreds of known and suspected aliens with terrorist connections may be attempting … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Legislation# National Security

Judiciary Committee Hearing on Asylum Abuse: Some Questions for Rep. Goodlatte and for Asylum Advocates

Lately, I’ve been worrying that asylum might become a victim of its own success. Thanks to lawyers pushing the law, the number and categories of people eligible for asylum has increased pretty dramatically: Victims of FGM and domestic violence, LGBT individuals, certain victims of crimes. This is a good thing, as many lives have been … Read more

By Jason Dzubow
# Asylum Seekers# Credible Fear# Immigration

Forget the Dream Act – Just Grant Them Asylum

It seems that advocates for “Dreamers”–young foreigners who would benefit from the Dream Act–are trying a new tactic: Leaving the country and then returning to seek asylum. Not long ago, I wrote about the Dream 9, who presented themselves at the U.S./Mexico border and requested asylum. They were released and will have to appear before … Read more

By Jason Dzubow
# Asylees and Refugees# International

Bill Linking Palestinian and Jewish Refugees Sets a Dangerous Precedent

A new bill in the House of Representatives seeks to link resolution of the Palestinian refugee situation with the plight of Jews (and Christians) expelled from Arab lands.  Both Palestinians and Jews suffered as a result of expulsions from their home countries during and after the creation of the State of Israel.  Palestinians left and … Read more

By Jason Dzubow