Fraud

# Asylum Seekers# Immigration

On Top of Everything Else, Immigrants Are Being Targeted by Scammers

During the past year, immigration lawyers and non-profits have reported a sharp increase in scams targeting non-citizens. From the scammers’ perspective, there is a sad logic to this: It is easier to take advantage of vulnerable and desperate people, and these days, non-citizens are more vulnerable and desperate than ever.

The harm caused by these scams is not only financial. Immigrants can lose their opportunity to remain in the United States and face deportation as a result of the fraudulent schemes. Lawyers and non-profits are also harmed, as scammers are essentially stealing their identity in order to defraud non-citizens.

Fortunately, there are precautions people can take to protect themselves, and here, we will discuss some ideas about how to stay safe.

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By Jason Dzubow
# Asylees and Refugees# National Security

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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By Jason Dzubow
# Asylum Office# Asylum Seekers

Asylum Fraud Is Real, But It’s Not What You Think

Since he entered politics, our President has denigrated asylum seekers as fraudsters who game the system in an effort to harm hard-working Americans.

Having practiced in this area for more than two decades, my observation is that most asylum seekers have legitimate claims, and in many cases, there is indisputable evidence about the risks they face. That’s not to say that people don’t sometimes exaggerate or even make things up–many asylum seekers come from countries where lying to their governments is necessary for survival–but at least in the cases I have seen, the large majority of applicants have legitimate claims for protection.

But there is another type of fraud in the asylum system. This fraud is more pervasive and more dangerous because it points to wider problems within our government. I am speaking here about the fraud perpetrated by the Asylum Office itself.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# Legal Relief

Implementing the Executive Orders: The DHS Memo

Earlier this week, DHS Secretary John Kelly issued a memorandum describing how DHS plans to implement President Trump’s policies concerning “Border Security and Immigration Enforcement Improvements.” Here, I want to discuss how this memo could affect the asylum system. First, for people granted asylum or who have obtained their residency (green card) or citizenship through asylum, the memo … Read more

By Jason Dzubow
# Immigration# Immigration Court

When Lawyers Lie

The case of Detroit-area immigration lawyer David Wenger has been in the news lately. Mr. Wenger was recently sentenced to 18 months in prison for counseling his client to lie to the Immigration Court. Mr. Wenger’s client is a 45-year-old Albanian citizen who has lived in the U.S. since he was six months old. The client’s family, including … Read more

By Jason Dzubow
# Asylum Seekers# Immigration

Asylum and the DV Lottery (and DV Lottery Scams)

It’s Autumn, which means that it’s time again for the Diversity Visa Lottery. The Lottery was created by Congress to increase immigration from countries that have traditionally sent us few immigrants. Every year, 50,000 people “win” the lottery and are then (probably) able to immigrate to the U.S. Given the current state of affairs in the … Read more

By Jason Dzubow
# Asylum# Asylum Seekers# BIA

The BIA’s Tepid Response to Asylum Fraud

A recent Board of Immigration Appeals (“BIA”) decision upheld an Immigration Judge’s adverse credibility finding where the respondent’s affidavit was “substantially similar, and in some regards identical, to an asylum application previously filed by respondent’s brother in a different proceeding.” Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015). In this case, the first brother came to the U.S., … Read more

By Jason Dzubow