As I understand the law, ICE could legally detain almost any asylum applicant. However, there are probably 4+ million such people in the US; there are also probably another 1 or 2 million people in court seeking other (non-asylum) relief, and millions more with applications pending with USCIS. Currently, in all federal and state facilities, we detain less than 2 million people, and ICE currently has bed space for about 40,000 people. So detaining millions of people would be extremely difficult and costly. ICE of course plans to increase capacity, but they have limited resources and so while things will be bad, I do not expect that most, or even a significant percentage, of asylum seekers will be detained or placed under stricter supervision. We will have to see how things go, but with limited resources, I just don’t see that the new Administration can detins millions of people, especially in the near term. Take care, Jason

Thank you for all the work you do.

Through the INA and its amendments over the years, ICE has discretionary detainment powers over any non-citizen in removal proceedings. Is that correct?

If so and if someone applied for affirmative asylum but was referred to EOIR and placed in removal proceedings, and then also applying for a humanitarian visa like VAWA, U, or T, while still appealing to all hearings – could the new administration still target the individual for detainment through EOs, memorandums, and rule making?

Lastly, since immigration violations are civil offenses – how is the US not breaking 1951 Refugee Convention, by detaining immigrants, especially asylum seekers?

Best,

She can try to come here. The fact that you have a pending asylum case may make it more difficult for her to get a visa, but that is a bigger problem for spouses and children of asylum seekers, and less of a problem for parents (since a parent cannot benefit from your asylum case). She should present as much evidence as possible that she will return home after her visit – proof of other family back home, job, property, etc. Such evidence may increase the likelihood of getting a visa. Take care, Jason

His action of attempting to obtain a passport after applying for asylum…that fact will be counted against him in asylum adjudication…right ?

@Kayra: Do you not know that it’s not recommended to renew passport as an asylum seeker ?

After they had asylum. Take care, Jason

Thanks for the reply Jason. That is interesting. Were those cases from people during their asylum application? Or after they were granted asylum?

I don’t think you have to avoid the trip, but maybe you have to be prepared to change your plans if an interview is scheduled (or you can try to reschedule – I don’t know, but that may be easier if you file the application online). Take care, Jason

Thanks Jason. Yes, it will be easier to predict when they will send the biometrics appointment (if they ever request one) but it will be harder to predict when they will call me for an interview since it could be anytime between 3-12 months after I file the N400. So I will have to avoid any trip during this 9-months period.