Asylum for DACA Recipients and Dreamers

by Jason Dzubow on December 1, 2016

In 2012, President Obama’s Administration created the Deferred Action for Childhood Arrivals–or DACA–program, which deferred removal and granted work permits to certain aliens who came to the United States prior to their 16th birthdays, who have no serious criminal issues, and who meet certain educational or military-service requirements. As usual, the statistics from the government are hard to understand, but it seems that about 730,000 individuals have benefited from the DACA program.

Deporting her is a sure way to make America great again. As long as we don't get sick...

Deporting her is a sure way to make America great again. As long as we don’t get sick…

But now that Mr. Obama is “out” and Donald Trump is “in”, many DACA recipients fear that they will lose their tenuous status, and possibly face deportation. This concern is understandable. Mr. Trump has promised to “immediately terminate” the program, and since DACA beneficiaries have submitted their biographic information to USCIS, the government can more easily track them down and try to deport them. Also threatened with deportation are “Dreamers” – aliens who would benefit from the DREAM Act, which would have provided relief to a broader range of non-citizens than DACA, had it become law.

So are there any defenses to deportation for DACA beneficiaries and Dreamers? What can these people do now to start protecting themselves?

Assuming the new President ends the DACA program (which can be done by executive action, without Congressional involvement), DACA recipients would have a number of defenses to deportation (though this could change if the President and Congress modify the immigration laws). My primary focus here is asylum, but before we get to that, there are other possible defenses that DACA beneficiaries might consider: Claims to U.S. citizenship, improperly issued/served Notices to Appear, Cancellation of Removal, Adjustment of Status based on a family relationship or a job, residency applications based on being a victim of a crime or human trafficking. In short, there are many possibilities, and if you currently have DACA, it is worth thinking about whether any of them apply to you. This might entail researching the issues yourself or–if you can afford it–talking with a lawyer (if you cannot afford a lawyer, there might be free services available to you).

For many DACA recipients and Dreamers, I imagine that asylum will be the only viable option. To win asylum, an applicant must demonstrate that she faces a well-founded fear of persecution on account of her race, religion, nationality, political opinion or particular social group. This means that in order to win your case, you will need to show that someone wants to harm you for one of these reasons. If you fear return because your country is generally crime-ridden or war-torn, that is probably not enough to win an asylum case. You need to show a specific threat based on a protected ground (I’ve written in more detail about this issue here).

Most of the “protected grounds” are pretty obvious. If someone in your country wants to harm you because they do not like your religion or race or political opinion, that is easy to understand. But what is a “particular social group”? The law defining particular social group or PSG is complex, and different courts have reached different conclusions about what constitutes a PSG. For purposes of this blog post, it is easier to give some examples of PSGs, and then if you think you might fall into one of these categories (or something similar), you can talk to a lawyer to further develop your case. Some common PSGs include members of a family or tribal group, LGBT individuals, women victims of FGM (female genital mutilation) or women who fear FGM, and people who are HIV positive. Other groups of people that some courts–but not others–have found to constitute a PSG include members of a profession (doctors, journalists, etc.), former police officers, former gang members, former U.S. embassy workers, street children, people with certain disabilities, people who face domestic violence, union members, witnesses/informants, tattooed youth, perceived wealthy individuals returning from abroad, and “Americanized” people. These last two PSG groups might be of particular interest to DACA recipients and Dreamers.

Creative lawyers (and asylum applicants) are coming up with new PSGs all the time, but if you can fit your case into a group that is already recognized as a PSG, that certainly increases the likelihood that your case will succeed.

To win asylum, you also need to show that someone (either the government or someone who the government is unable or unwilling to control) wants to “persecute” you on account of one of the protected grounds. You will be shocked to know that the term “persecution” is not clearly defined by the law, and different courts have come up with different–and inconsistent–definitions. Persecution is usually physical harm, but it could be mental harm or even economic harm. An aggregation of different harmful events can constitute persecution.

In addition to all this, an asylum applicant must show that he filed for asylum within one year of entering the U.S. or that he meets an exception to this rule. I expect that this will be a particular issue for DACA recipients and Dreamers, since they have been here for years. If you have not filed within a year of entry and you do not meet an exception, then you are not eligible for asylum. You may still qualify for other relief, which is similar to asylum but not as good: Withholding of Removal and Torture Convention relief.

There are some exceptions to the one-year rule that may apply to DACA recipients and Dreamers. If a person is lawfully present in the U.S., that is considered an exception to the rule (technically, it is considered “exceptional circumstances” that excuses the missed deadline). For example, if a person is on a student visa for four years, and then she applies for asylum while still in lawful status, she meets an exception and is eligible for asylum. People with DACA could argue that DACA status constitutes an exception to the one-year rule. Whether or not this will work, I am not sure, but it is worth exploring. Another common exception is “legal disability,” which includes being a minor. So if you file for asylum before you turn 18 years old, you will meet an exception to the one-year rule.

Another exception to the one-year rule is “changed circumstances”. Maybe it was safe for you in your country, but then something changed, and now it is unsafe. If that happens, you need to file within a “reasonable time” after the change–hopefully, within a month or two. If you wait too long after the change, you will not meet an exception to the one-year rule.

For DACA recipients and Dreamers, asylum may be the last-ditch effort to remain in the U.S., and it may be difficult to win such a case. However, there are some advantages to seeking asylum. First, because it is written into the law (based on a treaty signed by the United States in 1968), Mr. Trump cannot eliminate asylum without the cooperation of Congress, and such a radical step seems unlikely. So asylum should remain an option for DACA beneficiaries and Dreamers. Second, 150 days after you file for asylum, you can file for a work permit. The Trump Administration could change this provision without Congressional action, but as the law now stands, asylum applicants can get work permits. Finally, the asylum process is slow. Normally, asylum delays are horrible for applicants (and for their attorneys), but if you are trying to delay your deportation until a new Administration comes along, asylum might do the trick. The process can take years, and if Mr. Trump follows through on his promises to deport even more people, the system may further slow down.

Whether the new Administration will move to end DACA and deport Dreamers, we do not yet know. If the goal is really to deport as many “illegals” as possible, I believe that starting with DACA recipients is a strategic mistake: Such people are well-integrated into our society and starting with them will create fierce resistance. It would be easier to step up border enforcement, block refugees from entering, and broaden detention for criminal aliens. But my suspicion is that Mr. Trump is more concerned with the appearance of progress than with actual progress. If so, DACA recipients are an easy target–the government can harm them merely by taking away their status and work permits–and this will demonstrate visible progress to those who oppose immigrants. On the other hand, there are some positive signs coming from Congress. Either way, DACA beneficiaries cannot rely on hope, they should start planning now, so they are ready for whatever the new Administration has in store.

{ 67 comments… read them below or add one }

Nirav Parikh September 5, 2017 at 11:05 am

Hi
I apply for my work permit visa afyer 180day and it’s been more then 1month and not receive any ans, is asylum work permit count as DaCA

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Jason Dzubow September 8, 2017 at 5:32 am

Asylum work permits have nothing to do with DACA. We often see wait times of 3 to 4 months for such work permits, but I think it depends where you are in the US – some places may be faster. Take care, Jason

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Kanna March 8, 2017 at 6:20 pm

Hi . Json, my asylum case is transferred to Arlington VA
From New Jersey I was appled my asylum case in 2015 Jan ,
So when will expect my interview date…plz help me in that

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Jason Dzubow March 8, 2017 at 8:08 pm

Currently, Arlington is interviewing people who filed in January 2014. You can track the progress (or lack of progress) if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason

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Vahan January 19, 2017 at 1:59 am

Hi Jason,

Could you please explain are there any fundamental differences between parolee and asylum applicant? is it only the credible fear interview at the port of entry?
I am asking this question because as an asylum seeker (my application has been pending for more than a year now and as I have applied in LA I am not sure if I will have my interview in the next decade) I have been denied federal student aid, however I have been told that parolees who have been paroled for more than a year can receive federal aid.
asylum seekers who has a case pending for more than a year should also be able to receive federal student aid just like parolees. what do you think, how can this issue be address?

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Jason Dzubow January 20, 2017 at 8:56 am

I do not know about federal student aid for asylees or parolees. I suggest you talk to the school to see whether there might be any scholarships available for you, or whether they have any ideas about student aid. Take care, Jason

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Dandibo December 16, 2016 at 7:24 am

Hello Jason,
I applied for political asylum three years ago and I am waiting for master calendar hearing , presenting my witness in front of the court who have known my case have a role to win my case better than letters? How many witness advisable to present the court?

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Jason Dzubow December 16, 2016 at 12:12 pm

I can’t say, as it depends on the case. However, the Master Calendar Hearing is a very short proceeding. After that is the Individual Hearing, when you present your case and witnesses. It is a very good idea to have a lawyer for your case in court. If you cannot afford a lawyer, I did a posting on September 22, 2016 discussing how to find a free attorney. Maybe that will help. Take care, Jason

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Zenni December 15, 2016 at 2:20 am

Hi Jason,
Thank you in advance I have an appointment a month later for master calendar hearing,how long will estimated for Individual Hearings at Baltimore courts? having a child can shorten the appointment date? what is the duties of Lawyer in this stage?

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Jason Dzubow December 15, 2016 at 7:09 am

It depends on the Judge and the case, but it can range from a few months (usually for minor children) to 1 or 2 years. I doubt having a child will make a difference, unless there is some health problem or other emergency. As for the lawyer, he or she helps prepare the case and prepare you, and presents the case to the Judge. A good lawyer does greatly increase the chances of success in court, and probably the Judge will pressure you to find a lawyer. Take care, Jason

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Mark December 8, 2016 at 9:59 am

Hi Jason Ecuador would be a third country .

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Mark December 8, 2016 at 3:02 am

Hi Jason ,.and thank you 😃

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Mark December 8, 2016 at 3:00 am

I am Permanet resident of usa through asylum, and I have my Rtd, I need to travel to Ecuador to see my mom,
I would like to ask you if you know of any experience of traveling Ecuador with RTD and GC,?
That’s all Ii need to reenter to.USA?

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Jason Dzubow December 9, 2016 at 7:25 am

You can re-enter the US with a green card and/or a RTD. Whether you can use the RTD to enter Ecuador, I do not know. You should contact their embassy to ask. Also, if Ecuador is your home country, you understand that you take some risk to your immigration status in the US by making a return visit if you originally had asylum or refugee status (before you had a green card). Take care, Jason

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Mark December 9, 2016 at 9:23 am

Hi Jason
Hi Jason
Thank you for your respond,
Ecuador is not my Home country
When i back to Usa i have to show Just my GC or also My RTD?
at the airport they will ask me why i use RTD if i have GC?.
I spoke to the Ecuadorian Embassy and they said Yes about RTD
Sorry for the inconvenience, but if someone has traveled with RTD and GC to Ecuador please it would be nice to know the experience .
Thank you one more time

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Jason Dzubow December 9, 2016 at 10:23 am

You should be able to re-enter with only the GC, but I do not know why you would also not show them the RTD. It might be nice to have something in writing from the embassy (some embassy web pages contain this info) so you do not have trouble when you arrive in Ecuador. Take care, Jason

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Mark December 9, 2016 at 11:29 am

Thank you for continuing to answer me
Is the first trip I’m going to do, and I want to be sure of everything I need to show
You mean have something written from the ecuadorian embassy?
They told me that it is not necessary that they know the subject

Allen December 6, 2016 at 7:33 pm

Hello Jason,

I am the principle applicant in my asylum application and my wife is derivative applicant. Now, her mother has a very serious health emergency in our home country. We are preparing the all the necessary documents for requesting expedite. Does it make any different if the family emergency is from derivative applicant’s family side and not the principle applicant’s? Thanks

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Jason Dzubow December 7, 2016 at 2:27 pm

There are no fixed rules related to expediting. I do think it is less likely since your mother-in-law cannot benefit directly even if you win asylum, so you need to explain why winning the case will help with her health issues (maybe your wife will travel to a third country to care for her, for example). Take care, Jason

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Sean December 6, 2016 at 12:15 am

Hello Jason, I would like to thank you for such an immense effort you’re putting for the asylum candidate, I’ve a question since I’m waiting for my interview since August 2015 as I’ve filled my case under Houston TX, it’s been almost 2 year since I left my wife, she is desperate to join me and so i, she gonna apply for an upcoming conference somewhere at GA in Feb 2017, would you please guide me would that be a smart move to apply? Or should she has to wait until i would be interviewed, would local embassy inquire USCIS before she appeare for her interview about the pending case we have? I would appreciate your timely response thanks

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Jason Dzubow December 6, 2016 at 7:29 am

I did a post on April 18, 2014 that might be helpful here. I short, your asylum case will make it more difficult for her to get certain visas (such as a B, F or J). In the 2014 article, I discuss some ideas to increase the chances for getting a visa. Take care, Jason

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Prabhu December 5, 2016 at 8:54 pm

Hi, Jason,

Do you k ow anything why there is no update in asylum bulletin from last month. It’s already near time to show that of November scheduled one but they had no update from September. Is it due to being so busy from the election or there is some reason as far as you think.
Thank you

Prabhu

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Jason Dzubow December 6, 2016 at 7:22 am

I do not think it relates to the election. I just think that updating the Schedule is not a high priority for USCIS and so they do not do it as often as we might hope. I can tell you that in my local office, Arlington, VA, they are interviewing cases filed in February 2014, so they advanced one month. Take care, Jason

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mohamed aljoujah December 6, 2016 at 10:21 pm

And what about chicago office ?

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Jason Dzubow December 7, 2016 at 2:28 pm

I do not know about that office. Take care, Jason

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mohamed December 7, 2016 at 10:18 pm

thank you very mach for you

Prabhu December 7, 2016 at 1:09 pm

Thank you Jason. We asylum applicant try to follow this schedule for rough estimation for our case and feels painful when we see it stopped somewhere.. wish very soon uscis will start updating it. Thank you for you help

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Fedel December 5, 2016 at 7:48 pm

Hi… please I have a question. I entered my asylum receipt number in the uscis case checker and was stating that waives were waived for I-765. I had my interview a fee months ago. Does that mean anything specific according to your experience please? Thank you

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LC December 5, 2016 at 10:35 pm

Did you put the number starts with Z ? When did you go for asylum interview ? I think your asylum case is approved !

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Fedel December 5, 2016 at 11:20 pm

Yes It starts with ZCH followed by numbers.
I had my interview around 6 months ago

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Jason Dzubow December 6, 2016 at 7:20 am

Sorry – I do not understand the question. Maybe you are saying that the fee for the I-765 was waived? If so, the first work permit application is free, after that, you can waive the fee using form I-912, available at http://www.uscis.gov. If the fee was waived, it means that the case is being processed. Take care, Jason

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foster December 4, 2016 at 5:53 pm

Jason,
Thank you so much for your articles!
I have one question, I’m eligible to apply for green card based on asylum in February of 2017. That’s a month after Trump gets in the office.
Can he somehow stop the applications? if he can, how long would it take him? (non-muslim from syria)
and for those who already got a green card based on asylum. can he take it away?

Thanks Jason!

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Jason Dzubow December 5, 2016 at 7:28 am

It will be very difficult for him to take asylum away from people who have it. I imagine he could make it more difficult to get a green card for people with asylum (it used to be more difficult in the past, as there were only 10,000 green cards available per year for asylees, so there were long waits), but I have not heard this as a proposal. We will just have to wait and see what changes he will make, though I suspect that people in your situation are not really targets. Take care, Jason

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foster December 7, 2016 at 5:53 pm

Thank you very much for your reply, Jason!

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Izzac December 3, 2016 at 8:59 pm

Dear jason
Am grant asylum i supposed to apply for greencard next july 2017 , now i applied for travel docoments i want to visit my family in thired country , is that gonna make to me a problem when am coming back to US ??? Shall i cary my old passport with me or just a travel docoments ???? How long i should stay outside US?i applied to my wife snd 2 kids when i applied for asylum so automatcly they got grant with me , did the new adminstration can stop them to join me here ? We are muslim and we are from country which they majorty muslims?

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Jason Dzubow December 4, 2016 at 12:24 pm

You should be able to travel to a third country without problems if you have a Refugee Travel Document (RTD). In most cases, it is better to bring your passport with you also, just in case you need it. Though it is better not to use it if that is possible (not all countries accept the RTD). If you plan to be out of the US for more than a few months, you should talk to a lawyer about the trip – I do not think it affects your eligibility for a green card, but I am not sure about that, and you should have a lawyer research that for you before you travel. Whether Trump has the power to stop your family members from coming to the US is not clear to me. There are different rules about that. Under one section (INA 208), it seem he can, but under another section (INA 207), it seems he cannot unless Congress changes the law. Take care, Jason

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T December 3, 2016 at 8:04 pm

Hi Jason,
I have a family emergency back in my country and I have a pending asylum case in the US. I have to go and visit my family there asap, it would get my asylum case abandoned. My partner here is a US citizen and we can get married. Is it technically possible(get the papers ready) to get married here, and leave the US within eight month period AND enter the US back with no problem?
Thank you!

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Jason Dzubow December 4, 2016 at 11:57 am

This depends on many factors. I recommend you talk to a lawyer about the specifics of your situation. But it may be possible to do what you suggest. This may require you to get Advance Parole, or to leave and do consular processing (to get your green card at the embassy based on your marriage). Take care, Jason

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hamid December 3, 2016 at 12:18 am

hi nick
congrats
which office did you apply?

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Ruslan December 2, 2016 at 10:33 pm

Hey Jason. I am wondering about appointment for biometrics scan. Today, I have recieved notice that my assylum claim is received. But I do not see everything about biometric scan. As I read after receiving application I should have appointment for biometrics scan. Can you please tell me when usually people get notice about biometrics ?

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Nick December 3, 2016 at 3:03 pm

You get it in separate mail

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Jason Dzubow December 4, 2016 at 11:41 am

You should get the appointment in a month or two after filing fop asylum. If not, contact the local asylum office to ask them. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Jay December 2, 2016 at 8:06 pm

Hi Jason, I am an ardent reader of your column and I appreciate all the wonderful things you have done through this medium. I finally had my interview at the Los Angeles office today after my application in October 2013. My questions is the AOL told me to come for my decision after two weeks (12/16/16) but I will not be in town then because of another engagement. Though I asked the front desk officer if there is any implication if I don’t show up that day to pick the decision and I was told no that if I don’t show up they will mail to me seven days after the two weeks pick up time. Do you think this will prevent me from renew my EAD or will that stop my Asylum clock.

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Jason Dzubow December 4, 2016 at 12:50 pm

It should not affect the asylum clock, as you should already have obtained your EAD. However, I think you should go to pick up the decision and postpone your other appointment. If you cannot be there, email the office and tell them. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Unless you get a written response from them, you should be there. I do not trust that they will mail it to you, and I fear that if you do not show up, they might deny the case. Maybe not, but I would not trust what the secretary told you on this, and I would want a better confirmation for something so important. Take care, Jason

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Jay December 4, 2016 at 11:27 pm

Thanks for that wonderful advice, that was my fear top. I appreciate all the patience you have exercised to answer all our questions.

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scopa December 2, 2016 at 6:03 pm

Congratulations Nick

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XY December 2, 2016 at 2:19 pm

Hi Jason
I applied for the asylum in may 31 2016 ND after 150 days on 14 nov I applied for my EAD but I did the change of address in Aug 2016 but it was not a major change it was from one building to another like 3 blocks down even my asylum office remain same for the change of address I went into asylum office myself ND the guy in the office change it right away for me but he didn’t give me any document as a prove that my address is changed he just said i changed it u vl recieve evety mail on ur new address know I just filled a form ND he kept it.Now on the EAD form I write down my new address do u think there is any possibility that it will affect my work permit(change of address) or they vl send my EAD or any letter before EAD to old address??
My second question is how long they vl take to send me the letter its already 15 days i have applied that they received my EAD application or approved it ND how long they Gona take to send me EAD after that(I have a case in NY asylum office).

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XY December 4, 2016 at 2:55 pm

Ur articles r great sir

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Jason Dzubow December 4, 2016 at 8:49 pm

The move should not affect your EAD, and they should send everything to the address listed on the I-765. It typically takes about 4 weeks to get a receipt. The EAD itself can take up to 4 months. Take care, Jason

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Bass December 2, 2016 at 6:34 am

Hi Jason,
thank you for the good topics you choose to discuss and enlight us with the possibilities of what we might face with the new addministration.
Do you think the Trump addministration can cancel the FGM/C type of asylum and what is the difficulties this type of asylum may face.
thanks

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Jason Dzubow December 2, 2016 at 7:43 am

FGM is persecution based on a particular social group (usually a tribe that practices FGM). This was originally created as a social group by the Board of Immigration Appeals in about 1996 (Matter of Kasinga). So the BIA or the Attorney General could change the definition of PSG to exclude FGM. They could also change the definition of persecution to exclude FGM. I am not so sure they would do this (in fact, I kind-of doubt they will), and they might have trouble if the federal courts resist such a change, but we will have to wait and see. Take care, Jason

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Hindu Guy December 2, 2016 at 1:36 am

Congrats Nick!! Which asylum office did you apply under?

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Patti Lyman December 1, 2016 at 4:03 pm

Jason, the new enforcement priority will clearly be criminal illegal aliens, which would exclude most DACA recipients, who needed relatively clean criminal records to qualify. Also, I think it’s important to explain what a frivolous asylum claim is and the downside of filing one.

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Jason Dzubow December 2, 2016 at 7:30 am

I don’t really think we know his enforcement priorities yet, but maybe I missed something. Also, if he ends DACA, he does not necessarily need to go after the DACA beneficiaries. He might leave them alone. Also, you probably saw that Lindsey Graham is introducing legislation to benefit DACA recipients (I think it is the last link in the above article). As for frivolous applications, of course, you are right, but if they are faced with no other options, DACA recipients will need to explore all possibilities, including asylum, if they want to try to remain here. Take care, Jason

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Patti Lyman December 2, 2016 at 4:52 pm

Trump has repeatedly stated they will prioritize the 2-3 million criminal aliens here. Even with DACA suspended, I think very few DACA recipients will be affected in the near term. My concern is that there are big repercussions from filing frivolous asylum applications, and losing DACA status is not, as you know, grounds for asylum. I think some could get the impression from this that asylum is just another immigration option, when in fact it is an extraordinary form of relief. I hope you and yours have a great holiday.

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James Dan December 4, 2016 at 4:55 pm

I agree, since, as you said, DACA holders need a clean background in the first place. Seems to me that there is more than enough criminal aliens (though probably not the claimed 3 million) and border crossing Mexicans (who can be quickly returned to Mexico) to keep Trump’s administration busy with high deportation numbers and keep the public happy, at least in the near term.

As for whether an asylum claim is “frivolous,” I’m sure that attorneys will rationalize it by saying that any asylum claim that has higher than a zero percent chance of success has merit. After all, as Jason admits, asylum may very well be the alien’s only last ditch claim to stay in the country; and they certainly have nothing to lose by filing a claim, frivolous or not.

But I can certainly see where, faced with an increasing immg. court backlog, the government might tighten up on the PSG definition or explicitly give conditions that don’t qualify for asylum. For example, prohibiting “drug wars,” “cartel violence,” or “gang threats” as reasons for claiming asylum will effectively prevent the majority of claims from Mexico and Central America. I can’t imagine it would be a preemptive move by the government; more than likely it would be in response to a mass number of asylum claims where attorneys go too far in attempting to stretch a PSG to cover generalized violence.

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Jason Dzubow December 5, 2016 at 7:24 am

I think any claim where the person fears persecution in his country is a legitimate claim for asylum. Different attorneys will differ on this, but it is the attorney’s job – not the applicant’s – to determine whether the case falls within a protected category, and given the uncertainty and the wide (and inconsistent) range of interpretations of PSG, there are often reasonable claims an attorney can make even if the claimed persecution does not easily fit within a protected category. To me, as long as the client understands the likelihood of success, it is the client’s choice about whether to pursue the case. And I think you are right that, where there is no alternative, even a weak case may be a better option than simply giving up. Take care, Jason

Jason Dzubow December 4, 2016 at 8:53 pm

You as well. My intention is not to encourage frivolous applications but to encourage people to think about their situation and whether there is any eligibility. This may all become moot if Mr. Trump creates some type if immigration reform to go along with stepped-up enforcement. We shall see. Take care, Jason

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Nick December 1, 2016 at 2:03 pm

Jason I think the asylum office went back randomly selecting applications. There are way more people ahead of me who applied way before me and are still waiting, tho I just called in for an interview.

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Allen December 2, 2016 at 1:01 am

Hey Nick! congrats! Can you please share your timeline? thanks!

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Jason Dzubow December 2, 2016 at 7:25 am

Who knows? Maybe you asked to be put on the short list? It is difficult to understand their methods, but generally, they seem to be going in order. Take care, Jason

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Nick December 2, 2016 at 1:23 pm

I didn’t apply for any short list. I applied on September 2, 2016. I got fingerprinted around September 15, 2016. I got my work permit around April 20, 2016. That’s it. I never applied for anything special. A few days ago the asylum office calls me and tells me they want to interview me mid December. That’s my timeline.

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Nick December 2, 2016 at 1:24 pm

Sorry I applied and got fingerprinted in 2015 not 2016.

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hamid December 3, 2016 at 3:48 am

hi nick
congrats
which office did you apply?

Jason Dzubow December 4, 2016 at 8:48 pm

Hmm – Maybe it is just the normal time line then, I do not know…

Jason Dzubow December 4, 2016 at 8:47 pm

Interesting. Maybe there is some aspect of your case that concerns them. Or maybe you are under 18? That could be an issue. Or maybe it is just random. I do not know. Given that the situation is unusual, you might want to talk to a lawyer and bring a lawyer with you to the interview. Take care, Jason

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Jason Dzubow December 11, 2016 at 8:25 am

If the embassy says they accept the RTD, that is great, but what if the officers at the airport do not know about the RTD? If the embassy can give you something (or you can print something from the website), it might smooth your entrance into the country if the Ecuadoran immigration officer does not understand what the RTD is.

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