In a Time of Hate, My Refugee Clients Give Me Hope

As an ordinary citizen, it is not easy to decide the best way to confront a Nazi march. Show up to peacefully protest? That might give additional attention to the other side. Protest violently? Not only could that elevate the Nazis, it might also de-legitimize the resistance to the Nazis (even those who peacefully resist). Ignore them? That might be viewed as condoning their views. Reasonable people can differ about what to do, at least as far as the peaceful responses are concerned.

As a great American philosopher once said, “I hate Nazis.”

But when you are a public figure, especially an elected official, the decision about how to respond is clear: First, ensure safety and free speech. Second, denounce the evils of Nazism and make it plain that Nazis, Klan members, and anyone who might march side-by-side with such people are un-American, illegitimate, and unworthy of a seat at the table of public discourse.

Fortunately, the vast majority of our country’s elected leaders knew what to say in response to the Nazi march last weekend. But unfortunately, there was one important exception–our President, Donald J. Trump. To me, Mr. Trump’s contemptible silence, followed by a reluctant “denunciation” of the Nazis, followed by a denunciation of the “denunciation” is an utter disgrace. It is a green light to Nazis. It is yet another attack on common decency and on our shared national values. It is complicity with Nazism. By the President of the United States. (As an aside, one of my lawyer-friends at the Justice Department told me–perhaps half jokingly–that she wanted to post a sign in her office that reads, “Nazis are bad,” but she feared it might get her into trouble–that is where we are under Mr. Trump.)

Frankly, I am not particularly worried about the Nazis themselves. They certainly can do damage–they murdered a young woman and injured many others. But they do not have the power or support to threaten our democracy. This does not mean we should take them for granted (few would have predicted Hitler’s rise when he was sitting in prison after the Beerhall Putsch), but we should not be unduly fearful either.

On the other hand, I am very worried about our President’s behavior. His governing philosophy (perhaps we can call it, “trickle down histrionics”) is poisoning our public debate, and it weakens us domestically and internationally. Thus far, his incompetence has served as a bulwark against his malevolence, but that can only go on for so long (see, e.g., North Korea). So there is much to be concerned about.

Here, though, I want to talk about hope. Specifically, the hope that I feel from my clients: Asylum seekers, “illegals,” and other immigrants. There are several reasons my clients give me hope.

One reason is that they still believe in the American Dream. Despite all of the nastiness, mendacity, and bigotry coming from the White House, people still want to come to America. They are voting with their feet. Some endure seemingly endless waits, often times separated from their loved ones, in order to obtain legal status here. Others risk their lives to get here. They don’t do this because (as Mr. Trump suggests) they want to harm us. They do it because they want to join us. They want to be part of America. My clients and others like them represent the American ideal far better than those, like our embattled President and his racist friends, who disparage them. When I see my country through my clients’ eyes, it gives me hope.

My clients’ stories also give me hope. Most of my clients are asylum seekers. They have escaped repressive regimes or failing states. Where they come from, the government doesn’t just tweet nasty comments about its opponents, it tortures and murders them. The terrorist groups operating in my clients’ countries regularly harm and kill noncombatants, women, children, and even babies. My clients have stood against this depravity, and many of them continue to fight for democracy, justice, and human rights from our shores. My clients’ perseverance in the face of evil gives me hope.

Finally, I have hope because I see the courage of my clients, who refuse to be cowed by the hateful rhetoric of our Commander-in-Chief. Since the early days of his campaign, Mr. Trump has demonized foreigners and refugees, and after he was sworn in as President, these individuals were the first to come into his cross hairs. If he can defeat people like my clients, he can move on to new targets. But many refugees and asylum seekers have been subject to far worse treatment than Mr. Trump’s bluster, and they are ready to stand firm against his bullying. Their fortitude encourages others to stand with them. And stand with them we will. The fact that vulnerable, traumatized people are on the front lines of this fight, and that they will not surrender, gives me hope.

I have written before about the tangible benefits of our humanitarian immigration system. It demonstrates to the world that our principles–democracy, human rights, freedom, justice–are not empty platitudes. It shows that we support people who work with us and who advance the values we hold dear. When such people know that we have their backs, they will be more willing to work with us going forward. And of course, that system helps bring people to the United States whose talents and energy benefit our entire nation. Add to this list one more benefit that asylees and refugees bring to our nation in this dark time–hope.

Asylum for Nazis?

The Moscow Times reports on a mixed martial arts champion and neo-Nazi who fled Russia and is now seeking asylum in Norway.  Vyacheslav Datsik escaped from a psychiatric facility in St. Petersburg and made his way to Norway, where he was arrested on suspicion of violating the country’s law on gun ownership and having possible links to organized crime.  Mr. Datsik’s asylum case is pending, but apparently it is becoming more difficult for Russians to obtain asylum in Norway, and given his checkered history, Mr. Datsik might have a difficult time gaining asylum.

In the U.S., I know of two reported neo-Nazi asylum cases in the last couple years.  In July 2008, Simon Sheppard and Stephen Whittle were convicted of publishing “race-hate” by the Leeds Crown Court in England.  After receiving bail, the two men fled the UK for Los Angeles.  On arrival at LAX, immigration officials took the two men–now dubbed the “heretical two”— into custody.  The men filed for political asylum in the United States. 

The Heretical Two

The heretical two believe that their government is unjustly curtailing their right to freedom of speech.  Indeed, many European governments—in particular Germany—have made neo-Nazi activities and Holocaust denial illegal.

Claims for asylum by European neo-Nazis raise some interesting questions.  For one, can a person receive asylum in the United States for hate speech that is illegal in his home country?  Such speech would be legal in the United States, but can be punished by jail time in Europe.  Arresting people for hate speech certainly satisfies the requirement under U.S. asylum law that a person be targeted “on account of” political opinion.  Whether or not the government action against the individual rises to the level of “persecution” might be a more difficult case to make.  But recently, an Immigration Judge granted asylum to some German home schoolers who faced “persecution” because they refused to send their children to public school (the DHS appeal of this decision is currently pending).  If home schoolers face persecution (i.e., jail) in Germany, then perhaps neo-Nazis in Europe face persecution as well. 

Whether European neo-Nazis should receive asylum also raises questions about the purpose of asylum.  Our asylum laws, to some extent, reflect our values.  We grant asylum to Chinese citizens who face coercive population control measures even though such measures are deemed necessary—even crucial—by the Chinese government.  Nevertheless, we have decided that such government intervention into private life is so unacceptable that it is worthy of an asylum grant.  Do we think that people arrested for political statements should be granted asylum?  Does the imprisonment of such people rise to the level of persecution? 

If these individuals can show that their treatment by their home government is persecution, it seems that they should be eligible for asylum.  Whether they qualify as a matter of discretion is another matter.

As for the heretical two, their applications for asylum were denied and they declined to appeal.  After removal to England, they were each convicted of crimes related to racial hatred.  Mr. Sheppard received four years and ten months imprisonment, and Mr. Whittle was sentenced to two years and four months.