A German Right-Wing Influencer Has Requested Asylum in the U.S. Does She Have a Case?

This post is by Ben Harville, an immigration attorney in Milwaukee, Wisconsin. His practice includes family-based immigration, employment-based immigration, asylum, humanitarian relief, citizenship, and removal/deportation defense. He is also an adjunct professor at the University of Wisconsin Law School, where he teaches Immigration Law.

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ICE, Lies, and Videotape

Last week, an ICE agent in Minneapolis fatally shot Renee Good, a U.S. citizen and mother of three. Ms. Good was in her vehicle protesting an ICE enforcement action in her city. Most people who have seen the various videos (including me) view the killing as completely unjustified or–at a minimum–believe that the incident requires a fair investigation to determine exactly what happened. Unfortunately, that did not stop President Trump and his team from quickly labeling Ms. Good a domestic terrorist and professional agitator, who the ICE agent shot in self defense

The killing and the Administration’s callous response have sparked mass protests in Minnesota and throughout the United States.

It’s difficult to know what to say about this terrible shooting and the subsequent attacks on Ms. Good, but for me, the incident fits a familiar pattern. The Trump Administration lies about anyone it does not like, and then uses those lies to justify harming that person. The difference here is that the harm came first and the lies came afterward. Also, the video evidence allows us to see for ourselves how the Administration is mischaracterizing events.

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What We Will Lose

As part of the transition to my new firm, I have been learning their procedures: How they intake cases, create calendars, store documents, manage consultations, etc. As a lawyer, I’ve attended many consultations over the years, but I have always been the lawyer doing the consulting. I have to listen carefully to the person’s story and think of ways to help. I don’t get to focus on the humanity of the situation. But learning the ropes at Murray Osorio (ok, yes, shameless plug for my new firm) allowed me to observe other attorneys consulting with potential clients. Since I didn’t have to pay close attention to the substance of the meeting, I could think more about the human side of things. And this got me thinking about all we are about to lose once the new Administration takes office. 

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Top Nine Reasons for Optimism in 2025

Yes, traditionally, these lists include ten items, I know. But these days, you need to take your good news where you can get it, and nine was the best I could muster.

Despite the incoming Administration’s promises of mass deportation, travel bans,  and general nastiness, there are some reasons to be hopeful in 2025. Well, maybe “hopeful” is too strong a word, but at least there are some reasons to not lose hope altogether. In any event, without further ado, here are nine reasons for optimism in the New Year: 

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An Asylum Lawyer Responds to Alexis Nungaray, Mother of a Child Killed by Illegal Migrants

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.

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Dear Jill Stein and “Abandon Harris” Voters: My Asylum-Seeker Clients Need Your Help

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.

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The Demon-Haunted Election

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.

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How You Can Help Elect Kamala Harris

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.   

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The Democratic Party Platform and Asylum

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.

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The Republican Party Platform and Asylum

The Republican Party has released its Platform for 2024. As usual with these things, it is short on specifics and long on political rhetoric. The first issue mentioned in the Platform is immigration: “Common Sense tells us clearly, in President Trump’s words, that ‘If we don’t have a Border, we don’t have a Country.'” It continues: “We must not allow Biden’s Migrant Invasion to alter our Country.” “Under the Trump Administration and a Republican Congress, it will be defeated immediately.” But how?

The Platform has a six-part plan “to stop the open-border policies that have opened the floodgates to a tidal wave of illegal Aliens, deadly drugs, and Migrant Crime.” Here, we’ll take a look at the plan and I will offer some thoughts.

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