A new report, Lives in Limbo: How the Boston Asylum Office Fails Asylum Seekers, raises concerns about the Boston Asylum Office and about the affirmative asylum system in general. Here, we’ll discuss some of the report’s findings and some suggested improvements to the system. I want to focus on one particular suggestion in the report, which has been on my mind lately: Whether asylum applications can be approved largely “on the papers,” with only a brief interview. But first, let’s take a look at the report’s main points. (more…)
If you are a regular or even occasional reader of this humble blog, you know my opinion of the affirmative asylum system–it is a disaster. There are currently more than 435,000 pending cases, representing upwards of 800,000 people. Some applicants have been waiting for their interviews for five, six, seven or more years, separated from spouses and children and living in existential uncertainty. Now, it seems that we are on the verge of a perfect storm, which will throw tens of thousands of new cases into the system at the same time as resources will be diverted away from affirmative cases. These changes will result in some winners and some losers. Here, we’ll discuss these new developments and how they might affect the asylum process. (more…)
Let’s imagine a not-so-hypothetical scenario: You filed for asylum at the Asylum Office, and your case has been pending for years without an interview. Or here’s another one: You finally had an interview at the Asylum Office, but you have been waiting months or years without a decision. Today and in an up-coming post, we’ll talk about the most effective ways to make an inquiry in these situations. (more…)
In a prior post, we discussed asylum-seeker dependents at the Asylum Office. We’ll finish that discussion here, and also talk about dependents in Immigration Court, where there are some unique issues to be aware of. (more…)
Asylum seekers may include their spouse and unmarried, minor (under 21-years old) children as dependents on their asylum case, as long as the dependents are physically present in the United States. Here, we’ll discuss issues related to dependents at the Asylum Office. In a future, post, we’ll discuss dependents in Immigration Court, as there are some differences. Let’s get right to it. (more…)
This article is by Andrea Barron, the advocacy program manager at the Torture Abolition and Survivors Support Coalition International, based in Washington, DC. The article was originally published in the Washington Post.
Genet Lire Dobamo was a 17-year-old elite sprinter with the Ethiopian national team when she defected at Dulles International Airport in 2014, terrified of returning to her native Ethiopia. She held Ethiopia’s national title for the 400-meter race and had an excellent chance of representing her country in the 2016 Olympics. But Dobamo had been severely beaten by police for opposing Ethiopia’s one-party dictatorship and was frightened of being tortured again or even killed if she returned home.
She applied for asylum in March 2015 and was featured in a Washington Post story on elite Ethiopian runners seeking asylum in the United States. The Post reporter said the asylum process can take “months, sometimes more than a year.” Six years later, Dobamo has still not been interviewed by an asylum officer at the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security. (more…)
Maybe you’ve heard this old joke–
One night, a policeman sees a drunk man searching for something under a streetlight and asks what he has lost. The man says he lost his keys and they both look under the streetlight together. After a few minutes the policeman asks if the drunk is sure he lost the keys here. The drunk replies, no, he lost them in the park. Surprised, the policeman asks why he is searching here, and the drunk replies, “This is where the light is.”
Asylum interviews these days remind me of this joke. We spend–literally–hours sifting through testimony and evidence, as the Officer goes on a fishing expedition for fraud, even in cases where it’s quite clear that no fraud exists. Why is this happening? How can you prepare for these questions? (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…)
Even before the Taliban took control of Afghanistan, that country was suffering a humanitarian disaster. In 2020, about 2.5 million Afghans were living outside their country as refugees; another 3.5 million were displaced within Afghanistan. In August 2021, the Taliban occupied Kabul, which triggered one of the largest air evacuations in history–over 124,000 people were flown out of Hamid Karzai International Airport.
Where all these people will go remains an open questions. As usual, Afghanistan’s neighbors are hosting the large majority of refugees, with more than 1.4 million in Pakistan and about 780,000 in Iran. Significant numbers of people are also in Europe and Turkey.
The United States is also accepting Afghans, and we are currently in the process of receiving about 50,000 people for permanent resettlement. Given our long involvement in Afghanistan, and that many Afghans relied on us and assisted our efforts, it seems only right that we protect those in need. The problem (or, more accurately, one problem) is that for most Afghan evacuees, there is no legal mechanism for them to remain permanently in the U.S., and so their legal status in our country is uncertain. (more…)
This summer, pro-immigrant Representative Gerry Connelly (D-Virginia) wrote to USCIS inquiring about the affirmative asylum backlog. The USCIS response is instructive.
First, USCIS notes that, “The backlog is the result of the mathematical reality that USCIS receives more cases than it can adjudicate given current resources.” That much is true. But here’s the money shot, which is where I part ways with the Biden Administration’s reasoning–
LIFO is a critical tool in controlling non-meritorious or fraudulent applications filed to take advantage of the backlog in order to obtain work authorization. But for LIFO, the backlog would doubtlessly be worse.
The evidence for this supposition is weak, and as I view things, based more on coincidence than causation. While the number of new cases decreased under LIFO, other factors–such as the Trump Administration’s Muslim travel ban, “extreme vetting” for visa applicants, and the coronavirus pandemic–better explain the reduction in new asylum filings. Here, we’ll examine how LIFO affects the backlog, and why I think the agency is wrong to conclude that the last-in, first-out system helps prevent fraud. (more…)
In April, I wrote about our efforts to lobby Congress for help with the affirmative asylum backlog. Those efforts have finally born some fruit. Last week, forty Democratic members of Congress wrote a letter to Alejandro Mayorkas, the Secretary of the Department of Homeland Security, and Ur Jaddou, the Director of USCIS.
In the letter, the Members of Congress express their concern about the affirmative asylum backlog, which currently stands at well over 400,000 cases. The letter notes that many people in the backlog have already suffered severe trauma in their home countries, and expresses particular concern for “those who have languished in the backlog for extended periods of time—some close to seven years.” Many of these applicants are separated from immediate family members and have not seen their spouses or children for years.
Unless it passes a new law, Congress does not have the authority to order DHS or USCIS to take particular actions. However, this new letter is significant in that–for the first time–Congress is “recommending” certain actions by the agency to address the backlog. I imagine such recommendations must be taken seriously, given that Congress does ultimately control funding for DHS and, to a lesser extent, USCIS (USCIS is largely funded by user fees). Hopefully, the agencies will take a look at these recommendations and make some changes to help those who have been waiting the longest. The main recommendations are as follows– (more…)
This article is by Allen Schwartz, a former Asylum Officer who now offers consulting services to asylum seekers and attorneys. He may be reached at allen.schwartz@visaconsults.com or (305) 528-6474. Learn more about him at his website, www.visaconsults.com.
After a 23-year career as an Asylum Officer with INS/USCIS, I decided to retire in late 2019 and pursue my lifelong passions, such as travel and exploring this incredible world with its wide variety of people, cultures, and languages. I also planned on utilizing my extensive background in immigration, particularly asylum and refugee work, as a consultant. Little did I know or could have predicted that a few months after my retirement, the COVID-19 pandemic struck the world in unimaginable ways and turned “normal life” upside down. As a result of the pandemic, international borders were closed, embassies and consulates were shut down, travel was severely restricted, and immigration to the United States came to an almost virtual standstill.
COVID-19 has also dramatically reduced the number of affirmative asylum cases being scheduled and interviewed at our Asylum Offices here in the United States and the affirmative asylum backlog has continued to grow exponentially. Only recently have we seen that in-person asylum interviews are being scheduled again, albeit at a significantly reduced number.
Before COVID-19, each Asylum Officer was required to interview eight cases per week, a very daunting task. Currently, the number of interviews have been cut at least in half in most offices, since the Asylum Officer, the attorney/representative, and the applicant must be in separate rooms. A recent policy change requires that interpretation must be provided by a telephonic government-contracted translator during the interview. Prior to COVID-19, applicants were required to bring their own interpreter for the interview. The future for an accelerated and expansive interview schedule for affirmative asylum cases remains to be seen. While we wait, I have prepared a six-point “best advice” list for your review– (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…)
Based on the latest data (from July 2020), there are more than 22,000 asylum cases that have been interviewed, but where the Asylum Office has not yet issued a decision. Some of these cases have been pending decisions for months or even years. What’s the reason for this post-interview delay, and what can you do if you were interviewed, but have not received a decision?
First, let’s talk about some reasons for delayed decisions. One common reasons is the security background check. Before a case can be granted, each applicant is subject to a background check. This somewhat mysterious process involves reviewing multiple government databases to determine whether there are any “hits,” meaning that the person’s name or information raises a security concern. Such checks are largely outside the control of the Asylum Office, and can cause significant delay. At least in my experience, the delay tends to be worse for people (especially men) from majority Muslim countries. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. Why this should be, I do not know. I once asked a prior Asylum Division Director about the discrepancy, and the only explanation I received was that the background checks are different at the two different agencies.
Another reason for delay is that each case needs to be reviewed by a supervisor, and the Asylum Offices are apparently short of supervisors. Related to this is the high turnover rate for Asylum Officers. When officers leave without completing a case, this seems to cause additional delay (since another officer has to review the case, get up to speed, and then complete the work). (more…)