USCIS

# Asylum Office# Asylum Seekers

News from the Asylum Office: Blocking Work Permits & Updating Statistics

In its ongoing effort to (supposedly) “protect the American people from invasion,” the Trump Administration has published new rules to further restrict Employment Authorization Documents (EADs) for asylum seekers. If implemented, these changes will be quite harmful to people filing new asylum applications in the United States.

What’s more, there is addition bad news buried within the proposed EAD rules. USCIS has included new Asylum Office data, which shows a steep decline in asylum grant rates.

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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
# Immigration Court# Legal Relief

Fight or Flight?

I recently met with the family of a man from El Salvador who we’ll call Jorge. Jorge was detained by ICE and is facing imminent deportation. He has been in the United States for more than 10 years, has no criminal convictions, and has several relatives with legal status, including his child (a U.S. citizen) and his mother (a permanent resident). Jorge had faced danger in El Salvador: criminals tried to force him to join their gang. They also murdered his uncle. Based on these facts, Jorge is legally eligible to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation is a good idea.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# National Security

USCIS Restricts Work Permits… Again

In the aftermath of an Afghan asylum seeker’s attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other “banned” countries, as well as on asylum seekers, refugees, and other migrants.

The most recent iteration of these efforts is the decision by USCIS–justified by “security” concerns–to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# Legal# National Security

“Halting” Asylum and “Re-Examining” Previously-Approved Cases

After the terrible shooting incident last week where a CIA-trained Afghan national killed one member of the National Guard and critically injured another, President Trump declared that he would “permanently pause migration from all Third World Countries” and “remove anyone who is not a net asset to the United States, or is incapable of loving our Country.” He also vowed to “denaturalize migrants who undermine domestic tranquility, and deport any Foreign National who is a public charge, security risk, or non-compatible with Western Civilization.”

We do not yet have a full picture of how these words will be put into operation, but several government agencies have already announced new restrictions on asylum and on people from Afghanistan and other “banned” countries. Here, we’ll look at what has been said so far, and try to understand how the new policies will affect asylum seekers and asylees.

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By Jason Dzubow
# Asylum# Asylum Seekers# National Security

The Travel Ban Comes Home

Last summer, the Trump Administration implemented a travel ban to block or restrict nationals from certain countries from entering the United States. The ban was justified based on “national security” or because the targeted countries had higher-than-average visa overstay rates.

Now, according to a report from the New York Times and my conversations with Asylum Officers, it seems that people from banned countries who are already in the U.S. will face additional restrictions on receiving asylum and obtaining a Green Card.  

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By Jason Dzubow
# Asylum Seekers# National Security

USCIS Restricts Work Permits for Asylum Seekers

Asylum seekers are eligible for an Employment Authorization Document (EAD) while their application is pending. Although EADs are issued for 5 years, most applicants need to renew their employment authorization because the wait is so long.

Up until last week, if you filed to renew before your current EAD expired, you received an automatic 540-day extension of the current card. This was important, since USCIS often processes renewals slowly, and without the extension, many asylum seekers would lose the ability to work. But now, a new rule has eliminated the automatic EAD extension for asylum seekers (and others), and so when your card expires, you can no longer work lawfully.

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By Jason Dzubow
# Asylum Office# Immigration Court

Trump-Proofing Your Asylum Application (Part 1)

Since the advent of the Trump Administration, it has been getting more and more difficult to win asylum. Decision-makers in court and at the Asylum Office are more suspicious of fraud, have higher expectations for evidence, and are looking for sneaky ways to deny applications. They are also less forgiving of inconsistencies and innocent mistakes. Add to that an overall environment where non-citizens are under threat, and the asylum process has become much more fraught. How then can you best prepare an asylum application during these challenging times? 

Here and in part 2, we’ll examine some common problems faced by asylum seekers and how they can be overcome.

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By Jason Dzubow
# Asylum# Asylum Seekers

The Asylum Trap: Could Your Case Be Dismissed for Failure to Pay the $100 Annual Fee?

The Roman Emperor Caligula had a habit of frequently changing statutes and penalties during his reign. When people complained that they needed to know the law in order to avoid the punishments, Caligula posted his rules high up on a pillar, so no one could read them. That way, the law remained unknowable and the Emperor could continue to do as he pleased. This is basically the state of immigration law in the United States today.

The government’s most recent machination is the $100 annual fee for asylum. The One Big Beautiful Bill created this new fee, but as of now, there is no mechanism for most applicants to pay. So what happens with your case if you can’t make the payment? Will it be dismissed? If you have an asylum application pending at the Asylum Office, the Immigration Court or the Board of Immigration Appeals, what should you do to protect yourself?

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By Jason Dzubow