It’s been more than a year now that we’ve been able to file the Application for Asylum, form I-589, online, and I think the verdict is in: The online system stinks. So much so, that I have decided to stop filing my cases online and return to sending the paper forms by mail. Among attorneys I know, I am not alone.
Immigration Reform
The U.S. Citizenship Act of 2021 and Asylum
The U.S. Citizenship Act of 2021 is finally here. It was unveiled last week by Senator Bob Menendez and Representative Linda Sanchez. The bill is very ambitious in scope, and aims to legalize about 11 million people, including “undocumented” immigrants, Dreamers, and people with Temporary Protected Status.
The odds-makers in the media seem to give the bill little chance of passing through the Senate, which requires at least ten Republicans to join with all the Democrats and Independents in order to overcome a filibuster. Some Senators (notably Lindsey Graham) have signaled a potential willingness to support a smaller bill–maybe one that would legalize Dreamers (also known as beneficiaries of DACA). This dilemma–which proponents of immigration reform have faced for decades–is nothing new: Go big and have more trouble passing a bill, or go small and help fewer people. We will have to see how things go, and certainly immigrant advocates need to be lobbying for a more comprehensive bill.
The bill itself is over 350 pages long and covers many different aspects of immigration. In this post, I will focus on a few points that directly affect asylum seekers. You can find basic summaries of the entire bill at Vox and Wikipedia, and a more comprehensive summary from blogger extraordinaire Greg Siskind. Here, though, we’ll stick to discussing only those provisions that relate most directly to asylum seekers.
The End of Asylum as We Know It – Denouement
In the last couple posts, I wrote about how the asylum system is being strained by a significant uptick in the number of credible fear interviews and for other reasons. I concluded that the “new normal” for asylum seekers will be longer delays. This means longer separation from family, and greater stress and uncertainty. Today, … Read more
The “Dream 9,” and the Use and Mis-use of Asylum
If you’re at all following the current debate about immigration reform, you are probably familiar with the Dream 9. The LA Times provides a neat (and mostly accurate) summary of their case: Last month, the five women and four men, who were brought to the U.S. illegally as children, staged an unconventional and risky protest … Read more
Immigration Reform and Asylum Fraud
As lawmakers consider changes to the asylum system, one area of concern is asylum fraud. The Senate Bill, in its current form, would eliminate the one-year asylum filing deadline. This deadline was created in an effort to stop asylum fraud. In reality (and as I discuss here), the one-year deadline does little to stop fraud, … Read more
Senators Try to Help Women Immigrants, But Ignore Women Asylum Seekers
A proposed amendment to the Senate Immigration Bill would reserve 30,000 green cards for people in jobs traditionally held by women, such as nannies, home health-care workers, and early childhood educators. The amendment is sponsored by 12 of the 20 women in the U.S. Senate. According to the Washington Post, the “lawmakers say pending immigration legislation … Read more
Yours Truly on NPR
As the new Immigration Bill heads from the committee to the full Senate, NPR turned for comment to a brilliant and seasoned asylum lawyer. Unfortunately, he wasn’t available, so they called me. Yes, your humble blogger debuted earlier this week on the NPR show Talk of the Nation. This was my first ever appearance on … Read more
You Can’t Go Home Again (Thanks to the Tsarnaev Brothers)
As the Senate inches forward on immigration reform, the bombing in Boston looms large. In a recent amendment, Senators agreed that asylum seekers will automatically lose their status if they return to their home country. According to the Washington Post: Senators unanimously approved an amendment by Sen. Lindsey O. Graham (R-S.C.) that would terminate the … Read more
CIS Uses Boston Attack to Condemn Asylum, Immigration System
The “low immigration, pro-immigrant” group Center for Immigration Studies claims that the “United States has naturalized at least a few thousand alleged terrorists in recent years.” As evidence for this dramatic claim, CIS lists exactly four (four!) examples of naturalized foreigners who engaged (or attempted to engage) in terrorist acts, including Dzhokhar Tsarnaev who is … Read more
Immigration, Asylum Reform and the New Terrorism
The situation is still developing in Boston. As of this writing, one terrorist is dead; another is on the loose, and a third man–dubbed “an accomplice”–is in police custody. There are still many unanswered questions about the men’s motivation and what connections, if any, they have to other terrorists. One thing we do now know is … Read more