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 charged in the Boston Marathon bombing.

Hmm... There's something strange about this Naturalization ceremony.
Hmm… There’s something strange about this Naturalization ceremony.

How CIS got from four alleged terrorists to “thousands” is not explained. Although I often disagree with CIS’s conclusions, I’ve found them to be generally reliable when it comes to the facts. Not so in this case. To make such an outrageous and inflammatory claim with almost no evidence casts doubt on the organization’s credibility.

Concerned about the possibility of major immigration reform, is CIS becoming unhinged? Will they–like so many partisan groups–make all sorts of unsubstantiated claims in the hope of getting their way (i.e., killing immigration reform)?

It seems that in many of our country’s policy debates, the end justifies the means. “Swiftboating” has replaced reasoned debate. I hope that CIS won’t go down this road. Like I say, I often disagree with CIS, but I recognize the need for different voices in the conversation. For those voices to make a positive impact, however, they must be grounded in reality. CIS should correct their unfounded claim that the U.S. has “naturalized at least a few thousand alleged terrorists,” and issue an apology.

With that as background, I want to turn briefly to CIS’s testimony on Capitol Hill. This past Monday, Mark Krikorian, Executive Director of CIS testified about the proposed immigration reform before the Senate Judiciary Committee. He spoke about the Tsarnaev family who–he said–immigrated to the United States a decade ago after receiving political asylum. Mr. Krikorian asked:

Why were they given asylum since they had passports from Kyrgyzstan and, especially, why were they given asylum since the parents have moved back to Russia, the country supposedly they were fleeing and wanted asylum from?

A few points. Maybe this is an immigration-lawyer-geek point, but by definition, no one immigrates to the U.S. after receiving political asylum. It is only possible to obtain political asylum if you are already present in the United States. In the case of the Tsarnaev family, events are a bit unclear. It appears that the father came as a non-immigrant to the United States in 2002 with Dzhokhar, and then applied for–and received–political asylum. Afterward, he brought his wife and minor children (including alleged bomber Tamerlan) to the United States. Maybe this is a geek point, but if I were from an immigration organization testifying before Congress, I would want to get the law and terminology correct.

Second, I do not know how Mr. Krikorian knows that the Tsarnaev family had passports from Kyrgyzstan. As far as I know, the family were Russian citizens, and the father was originally from Chechnya, which is part of Russia. While it appears that at least the younger brother was born in Kyrgyzstan, this does not necessarily mean that he had a Kyrgz passport or was a citizen of that country (unlike the U.S., many countries do not automatically confer citizenship on people born within their territory). Assuming that the father had Kyrgz citizenship, he would not have qualified for asylum unless he demonstrated that he had a well-founded fear of persecution in Kyrgyzstan or that he was not firmly resettled in that country. As of now, we do not know why the father received asylum from Russia, let alone from Kyrgyzstan. Suffice it to say that the human rights situation in Kyrgyzstan is no picnic, and that country has produced several hundred thousand refugees. While Mr. Krikorian’s question (why was the family given asylum if they had passports from Kyrgyzstan?) is reasonable, the implied answer (that the family should not have received asylum) is pure speculation.

Finally, Mr. Krikorian asks why the family received asylum since the parents have moved back to Russia, the country supposedly they were fleeing. Again, the implication is that the family should not have received asylum. Mr. Krikorian does not answer his own question, and indeed, we do not know why the father returned to Russia. Maybe he felt that conditions had improved and it would be safe for him to return. Maybe the father was more concerned with his children’s safety than his own, and so once his children were safely in the U.S., he decided to return. Or maybe–as Mr. Krikorian implies–the asylum case was fraudulent from the beginning. At this point, we don’t know. And while I agree that we need to explore all aspects of the brothers’ history, I am not sure that the investigation is well served by cynical assumptions that the father’s asylum claim was false.

As I have said, I often disagree with CIS, but I believe they (and other restrictionist groups) have an important role to play in the current discussion about immigration and asylum reform. I just believe that the debate–and the credibility of CIS–would be better served if the organization speculated a little less, and got the facts right a little 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 that the two men who placed the bombs are from Chechnya.

Chechnya is part of the Russian Federation. It has been seeking independence since the break-up of the Soviet Union. The state is majority Muslim and the war against Russia has attracted radical Islamists and has helped radicalize some of the indigenous population. The Russian government has committed terrible atrocities in Chechnya, and Chechen separatists are some of the most evil terrorists around (their worst attack came in 2004, when they took an entire school hostage–in the end, over 380 people were killed, including many, many children).

We still do not know if the Boston attack was somehow related to the conflict in Chechnya, but here are some things we do know: The two bombers were brothers who came to the United States legally with their family. The older brother has been a lawful permanent resident since 2007. At least one brother had a driver’s license (apparently, investigators used facial recognition software to help match a photo of the man with his driver’s license). The younger brother attended school in the U.S., at least since the seventh grade.

One question is how they obtained legal status here? Slate reports that the family escaped the war in Chechnya and went to Kazakhstan and then came to the U.S. as refugees. If this is correct, it will raise questions about the U.S refugee program. I have discussed this issue before, and perhaps will revisit the question once we have more information.

Another question is whether the men were sent here to commit terrorist acts? If it is correct that the brothers have been LPRs since 2007, it seems unlikely that they were sent to the U.S. to engage in terrorist acts. Once a refugee arrives in the U.S., he can become an LPR after one year. This means that the brothers–ages 26 and 19–must have been here since at least 2006. In 2006, they would have been ages 19 and 12. I doubt they could have been sent here at those ages with the idea that they would attack U.S. targets years later. It seems more likely that they somehow got involved in terrorism while in the United States.  

A final questions (for now), is how the revelation that the attackers were Chechen will affect the debate over immigration and asylum reform. I have no doubt that opponents of reform will use the attack to try to derail any new law. But on the other hand, when something like this happens, it is perfectly legitimate to raise security concerns. On this point, I would offer a few observations:

– Immigration reform brings otherwise invisible people out of the shadows. If we legalize people who have been here for years, we learn more about those people. One of the Boston terrorists was identified, in part, because he had a driver’s license. If he was living here illegally, he might not appear in any state or federal database. Thus, legalization reduces the number of unknown people and helps us know more about the people who are here.

– Second, if we are worried about terrorists within our foreign-born populations, we should encourage people within those communities to cooperate and trust law enforcement officials. If foreigners without legal status are afraid of law enforcement, it is less likely that they will cooperate with government investigations. If such people have a path to lawful status, they will be less afraid, and thus more likely to cooperate.

– Finally, the vast majority of immigrants and asylees are law abiding. Many of my asylum-seeker clients have worked closely with the U.S. military in countries like Iraq and Afghanistan. They have risked their lives to fight terrorists and extremists. Punishing and stigmatizing such people, and hundreds of thousands of other law-abiding foreigners, for the actions of two or three terrorists is simply wrong. And, in a country premised on individual rights and responsibilities, it is un-American.

In the coming days and weeks, we will learn much more about the terrorists, their motivation, and how they got to the U.S. We will also learn how the attack will impact the debate over immigration reform. While national security issues should certainly be a part of this debate, I hope that the attack will not destroy the hopes of thousands of good, law abiding immigrants.

To the Security Officers of the World: Thank You

In light of the terrorist attack in Boston earlier this week, I wanted to write about security at Immigration Courts, USCIS, and the Asylum Offices.

As of this writing, we don’t know who perpetrated the attack on the Boston Marathon. But we do know that as residents of a free society, we are vulnerable. We also know that people who would harm others have all too easy access to powerful weapons: guns, explosives, you name it.

Bull
Don’t forget to thank the people who keep us safe.

In the context of immigration, there are those in our society who not only oppose immigration and immigrants, but who hate foreigners and would do them—and the Americans who work with them—harm. Behind such people are others—people who would not engage in physical violence themselves, but who encourage such behavior in others with their racism and xenophobia. For these people, their hate is matched only by their dishonesty. Because if a person is honest, and considers perspectives other than his own, it is hard to hate. I am thinking about people like Pam Geller, who says that all Muslims are terrorists and “savages,” Lou Dobbs, who claims that illegal immigrants bring bubonic plague, and Pat Buchanan who is fighting to preserve white America (ok, I admit to a soft spot for Pat Buchanan; at least he is entertaining). But I digress.

For the small number of people who might consider attacking immigrants and “the system,” Immigration Courts, USCIS, and the Asylum Offices are potential targets.

Of course, such offices are part of the federal government, protected by armed guards and metal detectors. Before this week, I hadn’t given it much thought. Mostly, I assumed that the security officers were there in case an immigrant becomes violent (or, perhaps more likely, a lawyer becomes violent and decides to clobber his client). But in the aftermath of the Boston attack, I am reminded that the officers are there to protect the immigrants, their advocates, and government employees from harm.

I suppose it is an obvious point, but for busy people (like me) who view the security checks as a nuisance, it is important to remember how essential they are. Also, lest anyone thinks security officers at the Immigration Courts (and elsewhere) don’t put their lives on the line, check out this virtual tribute to private security officers killed in the line of duty.

Today, I passed through three different security check points—at my son’s day care (he’s in a federal building), the Asylum Office, and the Immigration Court. I try to be friendly to the officers whenever I see them and to thank them, but it’s not always easy when I am rushing from one place to the next. Today, I tried to make a special effort to express my thanks, and going forward, I will try to be better about that. So, to the extent that anyone pays attention to what I write here, I’d like to say to the security officers who protect us: Thank you.

Attention Glenn Beck – Please Hire Me!

It seems that Glenn Beck is hiring immigration lawyers, and I want in.  First, some background:

I’ve written before (here and here) about the Romeike family, a German Evangelical homeschooling family. They were granted political asylum in the United States after the German government tried to force them to send their children to public school. DHS appealed the ruling, and the Board of Immigration Appeals reversed the Immigration Judge’s decision. The case is currently before the U.S. Court of Appeals for the Sixth Circuit.  Oral argument is scheduled for later this month.

The Romeikes have a tough case. They have to demonstrate that they face persecution in Germany. They face fines and possible jail time, and they might even lose custody of their children. Such punishments are harsh, but I doubt a court would find that they rise to the level of persecution (though maybe the loss of the children would qualify).

This would be me if I worked for Glenn Beck (except I am not black) (and I normally do not wear a tie).
This would be me if I worked for Glenn Beck (except I am not black) (and I normally do not wear a tie).

Further, and this may be the most controversial aspect of the case, the Department of Justice is supposedly taking the position that the Romeikes do not have a “right to home school anywhere.”  At least this is how the Home School Legal Defense Association characterizes the DOJ’s position. Frankly, I am a bit skeptical that this is actually DOJ’s position (their brief is not public, so I have not seen it), given that they can probably win their case without stirring up this type of controversy (see previous paragraph). But I suppose if DOJ wanted to make all possible arguments against asylum, this would be one.

So how does Glenn Beck tie into all this?

Earlier this week, Mr. Beck discussed the Romeike family on his show:

“They [Romeikes] did it the right way,” said Beck. “They had their visas. They came here and asked for political asylum. Because if they return to Germany the state will take their children unless they dump them into the system that [goes against their Evangelical values].”

Beck said that the idea of deporting the Romeikes flies in the face of everything that the U.S. stands for. “There is nothing more un-American than this.”

Mr. Beck compared the family with our country’s earliest settlers, who were seeking religious liberty.

The Romeike’s have become a bit of a cause célèbre among American homeschoolers and religious conservatives. A petition to the White House supporting them has received over 100,000 signatures, and–this is the part that caught my attention–Glenn Beck has pledged $50,000 to pay for their legal fees.

As a side note, I do these cases for far less than $50,000 (for affirmative asylum cases, I charge $2,400, which makes me think I need to raise my rates). Mr. Beck, if you feel inclined to help out others seeking asylum based on religious persecution (and I represent many, including people from Iran, Iraq, China, Afghanistan, and Eritrea), please give me a call.

So is it hypocritical for conservatives who normally oppose immigration to support the Romeikes? Writing for Salon, Sally Kohn theorizes that Mr. Beck and his fellow conservatives are supporting the Romeikes because they are white. While I am no fan of Glenn Beck, I am willing to give him the benefit of the doubt on this one (though it seems reasonable to ask why he isn’t funding asylum seekers from countries like Iran and Eritrea, which harshly punish–and kill–religious dissidents). So what’s going on here?

My guess is that Mr. Beck is confusing American values–such as allowing parents to home school their children–with asylum law, which protects people from persecution on account of religion. Just because we in the U.S. enjoy a particular right–like the right to school our children at home–does not mean that an alien can get asylum when his country refuses to allow him the same right. We have a right to abortion in the U.S. and a right to own a gun, but I doubt an alien who was denied one of these rights in another country would qualify for asylum in the U.S.

Also, I wonder whether Mr. Beck has thought about the dreaded “slippery slope” argument. Would he support this family if they were members of a Christian Identity (i.e., Neo-Nazi) Church? What if they were (gasp!) Muslims?

The Romeikes, like any other asylum seeker, need to show that they face persecution, as that term has been defined by case law. Otherwise, they simply do not qualify for asylum. I wish the Romeikes well in their case. But if it doesn’t work out for them, and if Glenn Beck wants to fund some other worthy asylum seekers who are fleeing religious persecution, I have a few cases he might be interested in…

I corrected an error in an earlier version of this post (see comments).

Fox News Goes After Syrian Asylee – By Any Means Necessary

On Fox News, the ends always seem to justify the means. It’s acceptable to smear a perceived political opponent based on the most tenuous of evidence. For this reason, even when Fox News raises a legitimate concern, it’s hard to separate truth from half-truth (which reminds me of the old Yiddish proverb: “A halber emes iz a gantse lign” or “A half-truth is a whole lie”). So I am not exactly sure what to make of Fox’s latest campaign to “expose” Syrian asylee Daoud Chehazeh.

According to Fox News:

Daoud Chehazeh is a known associate of the 9/11 hijackers.  The government has spent more than half a million dollars trying to deport him, but has had no success.

Like a Swedish gymnast, Fox News is both fair and balanced.
Like a Swedish gymnast, Fox News is both fair and balanced.

Another (of many) reports by Fox News states:

With nearly 400,000 people waiting for U.S. citizenship, Daoud Chehazeh last November received political asylum for a third time after a series of bureaucratic screw ups at the federal level….

It’s a slap in the face to Americans, especially the victims of 9/11 and the families,” said Jim Bush, who as a New Jersey state criminal investigator was part of the 9/11 investigation code-named PENTTBOMB. His partner in the investigation was Bob Bukowski, a now-retired FBI special agent.

“Three thousand people were murdered,” Bukowski said. “(Chehazeh) was definitely part of that conspiracy…. He facilitated the moves and protection up to the whole flight, basically, of Flight 77. Could we prove that in a court of law? No. But there are other remedies. Deport him. That’s what should have been done in this case.”

Before I get to Mr. Chehazeh’s case, I want to break down some of the Fox commentary. First, it’s true that “Daoud Chehazeh is a known associate of the 9/11 hijackers.” According to a published federal court decision, he met two of the hijackers at a mosque in Northern Virginia. After the September 11th attack, Mr. Chehazeh contacted the FBI and reported whatever information he had on the two men. So to claim that he was a known associate of the hijackers, without mentioning that he went to the FBI to report what he knew about the men, is kind of like calling Woodward and Bernstein “known associates” of Richard Nixon because they reported the Watergate cover-up. At best, it’s a half-truth.

Second, Fox News claims that the “government has spent more than half a million dollars trying to deport” Mr. Chehazeh. How they could possibly know the amount that the U.S. government spent on Mr. Chehazeh’s case is beyond me. Unless they actually know how many hours each government employee worked on the case, it seems impossible that they could know the amount. Here, I suspect that Fox News just guesstimated (which is a polite way of saying that they made it up).

Next, Fox News says that “With nearly 400,000 people waiting for U.S. citizenship, Daoud Chehazeh last November received political asylum for a third time….” I am not sure who these 400,000 people are, or how Fox arrived at this figure. I also am not sure what they have to do with anyone’s asylum case. I do know that Mr. Chehazeh did not receive asylum “for a third time.” He received asylum once (in 2002). The government appealed and later filed a motion to reopen, but he was only ever granted asylum one time.

Finally, the retired FBI agent Bob Bukowski says that Mr. Chehazeh was “definitely part of [the 9/11] conspiracy…. Could we prove that in a court of law? No.” It seems to me, if Mr. Chehazeh was “definitely” part of the conspiracy, Mr. Bukowski could prove it in a court of law. In fact, claiming that someone was “definitely” responsible for murdering nearly 3,000 people when there is little or no evidence to support such a claim, would likely form a strong basis for a libel lawsuit.

Despite the problems in Fox’s reporting, Mr. Chehazeh’s case raises some serous issues.

For one thing, the IJ’s behavior during the case was–to say the least–unusual. According to the government’s brief (as set forth in the Third Circuit’s decision):

[The IJ’s] behavior in this matter… included… ordering the Service… to personally travel to Respondent’s place of detention to assist him in preparing his I-589 [application for asylum and withholding of removal]. When the Service declined, the [I]mmigration Judge advised that she would assume Respondent had a meritorious claim and grant him asylum. Ultimately, the Immigration Judge personally reviewed and completed Respondent’s I-589. At the time of the individual hearing prior to obtaining any testimony from Respondent, the Immigration Judge advised that she was ready to render a decision

The IJ’s actions are strange, and might very well have been reversed on appeal, but the government attorney failed (forgot?) to file a brief, and so the government’s appeal was dismissed.

Another odd aspect of the IJ’s decision is that she found an exception to the one-year filing requirement based on changed circumstances, to wit: the fact that Mr. Chehazeh had recently spoken to the FBI. However, she granted asylum based on Mr. Chehazeh’s particular social group–“hopeless debtors.” It’s questionable whether this is a cognizable social group. Also, if the IJ found an exception to the one year-rule based on Mr. Chehazeh’s cooperation with the FBI, she should have granted asylum on a related ground (such as imputed political opinion since anti-American extremists might view Mr. Chehazeh as pro-American). Instead, the IJ granted asylum on a totally different basis: The fact that Mr. Chehazeh owed a substantial debt to someone in Syria. Since he owed this debt at the time he arrived in the U.S., more than one year before filing for asylum, it is unclear why he would qualify for an exception to the one-year rule.

Despite the difficulties with the case, it appears that the matter is now settled, and–unless new evidence is unearthed–Mr. Chehazeh will be able to remain in the United States as an asylee.

So in the end, Fox News has a point: There are real problems with Mr. Chehazeh’s case, both procedurally and substantively. However, since Fox’s coverage of the case is so distorted and inaccurate, it leaves more questions than answers.