President Biden’s New Border Policy: Sound and Fury at the Border, Signifying Nothing for Those Who Wait

by Jason Dzubow

In response to record numbers of migrants arriving at our Southern border–2.2 million in FY2022–President Biden has announced some new rules designed to deter people from coming to our country to seek asylum. At the same time, these rules also open a new pathway for “up to 30,000 migrants from Venezuela, Nicaragua, Cuba and Haiti… to enter the United States on ‘parole’ each month if they have financial sponsors here and pass background checks.”

Today, we’ll discuss the import of these new rules. We’ll also look at how the rules might affect asylum seekers who currently have cases before the Asylum Office or Immigration Court. (more…)

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The Blessings of Resettling Refugees

by Jason Dzubow

Conventional wisdom holds that resettling refugees and asylum seekers is a burden on the host country. Indeed, many of our nation’s immigration policies are based on this premise: We make it difficult for asylum seekers to enter the country; once they are here, their cases often take many years to resolve and in a majority of cases, they are denied; politicians routinely malign asylum seekers as economic parasites, criminals, and terrorists. But why should this be? What is the evidence that refugees and asylum seekers have a negative impact on their host countries?

A new academic paper by Jennifer M. Chacón, Recounting: An Optimistic Account of Migration, challenges the idea that refugees burden their host countries. (more…)

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Judging the Judges in Immigration Court

by Jason Dzubow

To paraphrase Forrest Gump, Immigration Court is like a box of chocolates; you never know what you’re going to get. Also, some of the chocolate is poison.

For many applicants in Immigration Court, the most important factor in determining success is not the person’s story or the evidence or the quality of their lawyer. It is the judge who is randomly assigned to the case. According to TRAC Immigration, a non-profit that tracks asylum approval rates in Immigration Court, Immigration Judge (“IJ”) approval rates vary widely. For the period 2017 to 2022, asylum approval rates ranged from 0% (a judge in Houston) to 99% (a judge in San Francisco). Of the 635 IJs listed on the TRAC web page, 125 granted asylum in less than 10% of their cases. At the other extreme, nine IJs granted asylum more than 90% of the time.

Based solely on these numbers, there is a 20% chance (1 in 5) that your IJ denies at least 90% of the asylum cases that he adjudicates. That’s pretty frightening. But there is much more to the story, which we will explore below. (more…)

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New USCIS Report Highlights Progress and Challenges

by Jason Dzubow

USCIS recently issued its Fiscal Year 2022 report (covering the period from October 1, 2021 to September 30, 2022). The report discusses USCIS’s efforts to dig itself out of the hole created by the pandemic and the prior Administration, and sets forth plans for the current fiscal year.

There were some positive developments during FY2022 and most of these relate to the immigration agency’s efforts to reduce its various backlogs (though this report does not discuss the asylum backlog) and to address humanitarian crises in Afghanistan and Ukraine. These developments were made possible with the help of Congress, which appropriated additional funds for USCIS’s mission (USCIS normally receives more than 95% of its funding from customer fees). The agency notes that for FY2023, “Continued congressional support is critical to eliminate current net backlogs and achieve a robust humanitarian mission, while a new fee rule will help prevent the accumulation of additional backlogs in the future.” (more…)

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Withdrawing Your Asylum Case

by Jason Dzubow

If you are reading this blog (which presumably, you are), you already know about the massive delays at our nation’s Asylum Offices. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. In this post, we’ll talk about when it might be appropriate to withdraw a case and how to do that. (more…)

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How Do U.S. Immigration Courts Compare to Iranian Revolutionary Courts?

by Jason Dzubow

I recently read an article in the Washington Post about the treatment of political activists in Iran: “Protesters arrested in Iran face a justice system stacked against them.” Political detainees in Iran are denied due process of law, denied access to a lawyer, and forced to litigate their cases in a tribunal that acts more like a prosecutor than like a neutral arbiter. Reading about the situation in Iran, I couldn’t help but think of my own clients’ experience with EOIR–the Executive Office for Immigration Review, the agency that oversees our nation’s Immigration Courts and the Board of Immigration Appeals.

Here, we’ll look at some of the practices in Iran and compare them to what we see every day in U.S. Immigration Court. (more…)

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Asylum Division Continues to Hire Fraud Detectors; Not Protection Officers

by Jason Dzubow

This post is by Larry Gollub, who writes: I first encountered a proposal to create a professional corps of asylum adjudicators while in law school in 1985 and immediately knew that was what I wanted to do. I had to wait till 1991 for the government to create the asylum corps, but was hired with the second wave of new officers in 1992, serving with the asylum corps in one capacity or another until my retirement in 2015. I was asked to return to the training program on a part time basis in 2017 and stayed there through 2019. After returning to retirement, I worked with a group from the Asylum Officers union to draft Amicus Briefs to be filed in numerous court cases challenging Trump Administration policy changes. My main contribution was my detailed knowledge of the history of the asylum program.

About a dozen years ago, while researching just what the public thought an Asylum Officer did, I came across this post, by a person calling herself Lucette, in an online discussion thread conveniently titled, “Asylum Officer Qualifications”:

I am an immigration attorney with 3 years experience in Immigration Law and an interest in asylum law. I have successfully represented asylum applicants before CIS and in Immigration Court over the past three years. I am interested in a position as an asylum officer and I am wondering whether anyone would be so kind as to tell me whether my qualifications are such that I would be a viable candidate?

Lucette was constantly being passed over in her applications for employment as an Asylum Officer (“AO”) and wanted to know why. (more…)

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Afghan Asylum Absurdity

by Jason Dzubow

I wrote last time about recent updates from the Asylum Division. Here, I want to focus on one element of those updates: How the Asylum Offices are dealing with asylum applications from Afghan evacuees.

Since Afghanistan fell to the Taliban in August 2021, about 88,000 Afghans have been evacuated by the U.S. government and brought to our country. These are generally people who cooperated or worked with the United States or the prior Afghan government, plus their immediate family members. These Afghans would be at risk of harm or death in their country due to their affiliation with the United States or the prior government of Afghanistan.

Ideally, we would have brought these people here and given them permanent status, so they could feel stable and safe, and so they could start rebuilding their lives. Unfortunately, that is not what happened. A bill to regularize the status of Afghan evacuees–the Afghan Adjustment Act–has stalled in Congress, and so the evacuees are left in limbo, not knowing whether they can stay or whether they will have to leave. As a result, many evacuees have no other option but to seek asylum. This situation is absurd and insulting, and–adding injury to insult–the Asylum Offices are mishandling the Afghan’s applications. (more…)

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Updates from the Asylum Office–or–How I Learned to Stop Worrying and Love the Backlog

by Jason Dzubow

In a meeting held earlier this month, we received some updates from the Asylum Division. Although Acting Director Sue Raufer could point to some positive developments in asylum world, the news is generally pretty bleak. In a development that will shock no one, the worst news relates to the backlog, which is growing at an unprecedented rate.

(more…)

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Asylum Office Red Flags: Insight from a Former Asylum Officer

by Jason Dzubow

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.

One year ago, I contributed to The Asylumist by submitting a post entitled Reflections and Advice from a Recently-Retired Asylum Officer. Now, as the number of affirmative asylum interviews continue to increase at Asylum Offices across the country, I would like to highlight some red flags that could occur during these interviews. A good number of these red flags may be due to Asylum Officer (“AO”) burnout and/or lack of sufficient training/experience. (more…)

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The Message Behind Red State Governors’ Migrant Transports

by Jason Dzubow

The governors of Texas, Arizona, and Florida have been transporting asylum seekers from the border to “sanctuary” jurisdictions, such as Washington, DC, New York City, Chicago, and Martha’s Vineyard. Many of these migrants have suffered persecution in their home countries and have undergone difficult and dangerous journeys to reach the United States. The governors have enticed them to travel from the border to other parts of the country by falsely promising them jobs, work permits, and other benefits. In most cases, the receiving localities have not been forewarned about the new arrivals, and so have had difficulty coordinating a humanitarian response.

Immigration advocates have referred to these transfers as a “cynical political game,” a “publicity stunt” and a “political ploy.” Others have called it an effort to “own the libs.” While I agree that lying to vulnerable people and manipulating them is cruel and immoral, I think we on the Left are not being honest or wise when we dismiss the migrant transports as mere political theater. The issues underlying the governors’ efforts are serious and we ignore those issues at our peril. (more…)

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President Biden Must Protect Russian Refugees

by Jason Dzubow

This article is by Stanislav Stanskikh, a Visiting Scholar at the Fletcher School of Law and Diplomacy, Research Fellow at UNC-Chapel Hill, and founder of The New England Institute for Country Conditions Expertise. He may be reached here: stanskikh [at] countryconditions.expert

There is an ongoing debate about whether Russians fleeing political repressions and the military draft should be granted refuge in the United States and the West, or whether protection should be refused so that these potential refugees rebel against the Kremlin instead. Opponents also draw a line between “real” refugees and those who left Russia merely to save themselves despite their prior loyalty to the regime. While the Baltic countries and Poland are turning away new arrivals, Germany and some other EU members have extended their welcome by generously granting refugee status. The President of the European Council Charles Michel favors opening the EU to fleeing Russians.

What about the United States?

(more…)

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Due Process Disaster in Immigration Court

by Jason Dzubow

It is not easy to convey the magnitude of the ongoing disaster at EOIR, the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts. Simply stated, the agency is rescheduling and advancing hundreds–maybe thousands–of cases without notifying attorneys, checking whether we are available to attend the hearings or checking whether we have the capacity to complete the cases.

On its face, this appears to be a mere scheduling problem. But in effect, it is a vicious and unprecedented assault on immigrants, their attorneys, and due process of law. (more…)

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Remembering Queen Elizabeth’s First Public Speech – About Refugees

by Jason Dzubow

The longest-serving British monarch, Queen Elizabeth II, passed away last week. The Queen leaves a complicated legacy that has touched many aspects of life in Britain and the world beyond. She became queen in 1952, when women with power were few and far between. For the next seven decades, she steered the monarchy into the modern era. While she served as a spiritual and moral leader for her nation and the British Commonwealth, she rarely opined about political issues. Perhaps her effort to stay “above” politics helped her serve as a unifying force in Great Britain, where she remained widely respected, admired, and loved until her death last week at age 96.

In this post, I want to remember one small, but significant, incident from the Queen’s long life–the very first public speech she gave as a 14-year old princess on BBC’s Children’s Hour. (more…)

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