In a recent editorial, the Washington Post opined that Congress’s failure to pass immigration reform has led to the ongoing crisis at the U.S.-Mexico border. But even without Congress, the Biden Administration can use its regulatory power to better define the term “refugee” and thus better control who is eligible to enter the United States under our asylum law. (more…)
USCIS recently announced a unique program to assist Ukrainians affected by the current war. Called Uniting for Ukraine, the program “provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a two-year period of parole.” The program is unique in that the Ukrainian beneficiaries must be chosen by U.S.-based sponsors. The government will vet the sponsors “to ensure that they are able to financially support the individual whom they agree to support” and then start the process of bringing the chosen Ukrainian to the United States.
Here, we’ll look at why the U.S. government created this program and how it works. (more…)
As an attorney who represents asylum seekers, I believe our country has a moral duty to help those coming to us for protection. I also believe that we as a nation benefit from our asylum system. Aside from enriching our country with patriotic, hard-working individuals, the asylum system makes manifest our highest ideals–freedom of religion and speech, democracy, equality, and women’s and minorities’ rights.
Unfortunately, those of us who support a robust humanitarian immigration system have not convinced enough of our countrymen on that point. Indeed, a poll of Trump voters found that their #2 and #3 most important issues are more secure borders and a more restrictive immigration system (the #1 issue for these voters was preservation of individual rights). Contrast that with Biden voters, who feel less strongly about reducing barriers to migration (ranking “being open to immigration” as the #27 most important issue facing our country, out of 55 issues surveyed).
There is little doubt that these views find expression in the voting booth–President Trump based his 2016 campaign on anti-immigration themes and we know how that turned out. (more…)
This year marks the 400th anniversary of the first Thanksgiving, celebrated in Massachusetts in 1621 by 53 Pilgrims and 90 Native Americans from the Wampanoag tribe. To commemorate this grand occasion, researchers here at the Asylumist have unearthed the original immigration file of one of the Pilgrim families, William and Mary Brewster, and their children Jonathan, Patience, Fear, Love, and Wrestling (and yes, those are their real names; if you don’t believe me, look it up). Here, for the first time, is that story.
The Brewster family arrived in North America on the Mayflower on November 21, 1620. They and their shipmates did not encounter anyone from Homeland Security, and so they entered without inspection and immediately began working without authorization to find food and shelter. But the land was barren and frozen, and the Pilgrims began to die off one-by-one. Seeing their plight, a group of Native American activists, calling themselves No More Deaths, illegally provided food to the beleaguered migrants. The Wampanoag council later charged these do-gooders with felony alien smuggling and other crimes, but failed to obtain a conviction. Predictably, this encouraged more Europeans to make the dangerous journey to America. These included nonconformists and Anabaptists, though some, we assume, were good people. (more…)
What’s it like to practice immigration law these days?
For a case in Immigration Court, we write the affidavit, gather evidence, get witness statements, research country conditions, organize everything, copy it, and submit copies to the court and to DHS within the 30-day deadline. We then hold practice sessions with the client and witnesses. A few days before the trial date, we check the online system. The case is canceled. There is no new date. There is no explanation.
We file an application for an asylee’s Green Card. The case takes forever. The client moves. We file a change of address and get an online confirmation. Finally, the client receives an online notice: The Green Card has been mailed and delivered. But not to his current address. USCIS has sent the card somewhere else. Maybe to his old address, but who knows? He does not have it, and requests to re-deliver the card have no effect. (more…)
USCIS has a new Director. Ur Mendoza Jaddou is the daughter of a Mexican immigrant and an Iraqi immigrant. She started her career on Capitol Hill working for pro-immigrant Congresswoman (and former immigration attorney) Zoe Lofgren, and later served in the Department of Homeland Security during the Obama Administration. Ms. Jaddou spent her Trump-Administration exile as a law professor at American University. Earlier this year, President Biden nominated her to direct USCIS. The Senate confirmed her nomination on July 30, 2021 and she assumed the directorship last week.
In her first news release, Director Jaddou states–
As a proud American and a daughter of immigrants, I am deeply humbled and honored to return to USCIS as director. I look forward to leading a team of dedicated public servants committed to honoring the aspirations of people like my parents and millions of others who are proud to choose this country as their own. USCIS embodies America’s welcoming spirit as a land of opportunity for all and a place where possibilities are realized.
Since January, USCIS has taken immediate steps to reduce barriers to legal immigration, increase accessibility for immigration benefits, and reinvigorate the size and scope of humanitarian relief. As USCIS director, I will work each and every day to ensure our nation’s legal immigration system is managed in a way that honors our heritage as a nation of welcome and as a beacon of hope to the world; reducing unnecessary barriers and supporting our agency’s modernization. (more…)
It’s summer and I’m feeling lazy. So instead of a regular post, I thought I’d share a few of my favorite songs related to asylum and/or immigration.
This first song involves one of my favorite musical groups of all time, the Clancy Brothers. The song is based on some letters discovered in a house in Washington, DC. It’s about an immigrant from Ireland to the U.S. in the Nineteenth Century. Warning: This is one of the saddest and most sentimental songs I know (but you have to pay attention to the words): (more…)
When you were in middle school, did you ever have a crush on a classmate? Did you analyze every stray glance and dissect every off-hand comment for signs that your crush liked you too? I feel like that’s what we’ve come to as observers of the asylum system. The mere mention of the words “asylum” and “backlog” by a government bureaucrat in the same sentence has become cause for celebration. My crush knows I exist! Woo Hoo!
Such a momentous event came to pass last week, when the Acting Director of the Office of Management and Budget (“OMB”) included the following paragraph in a letter to the Chairman of the Senate Appropriations Committee, summarizing President Biden’s “Discretionary Funding Request” for FY2022–
Supports a Humane and Efficient Immigration System. The discretionary request supports the promise of a fair and equitable immigration system that welcomes immigrants and reflects the Nation’s values. The discretionary request provides $345 million for the United States Citizenship and Immigration Services to address naturalization and asylum backlogs, support up to 125,000 refugee admissions in 2022, and allow for systems and operations modernization. The discretionary request supports expanded access to the Alternatives to Detention program and provides enhanced case management services, particularly for families seeking asylum. (more…)
The number of migrants arriving at the U.S. Southern border has been increasing since President Biden took office. According to one DHS official, “We are on pace to encounter more individuals on the southwest border than we have in the last 20 years.” Border agents have been turning away most adults and families based on a Trump-era public health rule. But unaccompanied minors are being admitted, and the Biden Administration is ramping up efforts to accommodate them.
The border situation represents three different crises. First is the crisis of violence and poverty in Central America and Mexico, which is pushing people to flee those countries.
Second, is the border “crisis” itself. I put crisis in quotes, since the influx of migrants is very manageable. Last month, for example, about 9,500 unaccompanied minors arrived at the border. Our country has the resources to humanely process this many young people. Indeed, when compared with historic trends, the overall number of arrivals during the last decade is significantly lower than what we’ve seen in the 1980s and 1990s. And so if there is a crisis at the Southern border, it is more about our willingness to deal with the influx, rather than our capacity.
The third crisis–and the one I want to discuss here–is the political crisis. New polling from Populace illustrates the crux of the problem: There is a sharp partisan divide on the issue of immigration. Trump voters rank “severely restricting immigration” as the #3 most important issue facing America. In contrast, Biden voters rank this as the #46 most important issue (out of 55 issues surveyed). For the question of whether America “is open to immigration,” Trump voters rank this as # 52 and Biden voters rank it as # 27. In short, Trump voters have strongly negative feelings about immigration, while Biden voters have moderately positive views towards immigration. There are a few lessons we can draw from this survey. (more…)
It’s less than two months since President Biden took office, and already it seems we are facing a new surge of arrivals at our Southern border. The increase is being attributed to the continuing dire conditions in Mexico and Central America, Mr. Biden’s promise to treat asylum seekers humanely, and pent up demand among migrants who were deterred by the Trump Administration’s harsh policies. Republican strategists are (predictably) teeing up Latin American migration as a “wedge issue” for the 2022 midterm elections, and so the situation at the border is not only a humanitarian crisis, but also a political crisis.
To address the problem, Mr. Biden is sending more resources to the border, expanding shelter capacity, and continuing a policy of the Trump Administration to turn away most adults and families based on the public health emergency (under Title 42 of the U.S. Code). His Administration is also trying to encourage would-be migrants to stay home. It seems pretty obvious that none of these measures will end the crisis. So what can be done? (more…)
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. (more…)
Last week, President Biden issued several Executive Orders (EOs) related to immigration. Here, we’ll review the new EOs and discuss how they might affect asylum seekers. (more…)
As you’ve probably heard, President Biden has proposed a comprehensive immigration reform bill, called the U.S. Citizenship Act of 2021. What does this proposal mean for asylum seekers? Who is included? When–if ever–will it go into effect? We’ll discuss those questions here. Spoiler alert: The answer to each question is “I don’t know.”
The first thing to know is that the bill is not yet public. All we have is a summary. Assuming the Biden Administration is being truthful (and I’m willing to grant them the benefit of the doubt, at least for Mr. Biden’s first week in office), a bill was sent to Congress on day one of the new Administration. Only a select few Congress people have the text of the bill, including New Jersey Senator Bob Menendez, who plans to introduce the bill in the Senate. Eventually. (more…)
There’s a concept in Judaism known as “teshuvah,” which means “returning.” The term implies a return to righteousness, and repenting for past sins. In Judaism, when we think of teshuvah during Rosh HaShana (the New Year) and Yom Kippur (the Day of Atonement), we think in terms of collective sin: We ask G-d to forgive us for the sins “we” committed, even if we did not personally commit those sins. We also pledge to right wrongs, even where we did not personally engage in wrongdoing. This is what I am thinking about as we inaugurate the Biden-Harris Administration after four years of President Trump.
If you’ve filed an application or petition with USCIS lately, you’ve probably noticed that receipts have been substantially delayed. Many people are waiting six, seven, eight weeks or more for receipts. Below is an announcement from USCIS about the delays at their Lockbox facilities, along with some tips about filing. Hopefully, once we have new leadership at the agency, we will start to see some improvement. Also, of course, if we turn the corner on the pandemic, that should help as well. Anyway, below is the USCIS announcement, and I have added relevant links, for your enjoyment–
USCIS Updates: USCIS Lockbox
The USCIS lockbox facilities have received a significant increase in filings in recent weeks. This increase, along with facility capacity restrictions necessary to protect the health and safety of the lockbox workforce during the COVID-19 pandemic, is causing significant delays for processing receipt notices. We continue to work to minimize delays. Once we process your submission, we will review your package.
If you properly filed your form, we will send a receipt notice to the mailing address provided on your form, normally within 30 days. If your submission is incomplete or improperly filed, we will reject it per current procedures.
You can take steps to decrease the time it takes us to process and send your receipt notice or find out the status of your case:
· File online (if this option is available for your form type) and receive immediate confirmation that we have received your form instead of waiting for the mail;
· Create a free USCIS online account and check the status of your case from your mobile device, anywhere, anytime using our case status online tool; or
· Complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your form to request a text message and/or email when we accept your form.
We also encourage you to follow the tips below when submitting evidence with your application package:
· Review the form instructions and checklist of required initial evidence on the form webpage (if this option is available for your form);
· Submit single-sided photocopies of requested documents, unless the form instructions specifically state you must submit an original document;
· With the exception of passport photos, please copy photographs to an 8.5”x11” sheet of paper instead of sending originals. Always send in original passport photos where requested;
· Submit only the required evidence and supporting documentation listed in the form instructions. If we need additional information, we will request it from you; and
· If you cannot provide the required primary evidence when filing a form, review the form instructions for appropriate secondary evidence.
For more information about USCIS filing tips, please visit our Form Filing Tips webpage.
Here’s a couple bonus tips from me (Jason – not USCIS). Sign up for informed delivery with the U.S. post office. With this service, you will get an email with photos of all the mail that is coming to your house. That way, if USCIS sends something important (and I suppose most USCIS mail is important), you will know in advance to expect it. Also, when you send your application to USCIS, send it by certified mail (we generally use flat rate mail through the U.S. postal service, which costs $7.75), so you will be able to track whether it was received. Finally, if you have to pay a fee, use a personal check, if possible. That way, you will know when the check is cashed and if you get a copy of the check from your bank, it should have the USCIS receipt number stamped onto it.
Hopefully, we will soon have a new Administration that will do a better job managing USCIS. Regardless of that, the more you can do to track and monitor your applications, the better.