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Understanding Asylum Law in the U.S. – A Guide for Immigrants

September 25, 2024

Over the years, the complexity of asylum law in the United States has left many potential applicants feeling overwhelmed and uncertain. This guide is designed to provide you with a clear understanding of the asylum process, including eligibility requirements, application procedures, and important timelines. You will gain important insights that can empower you to navigate your journey with confidence and make informed decisions regarding your future in the U.S. As you read through this guide, you will find the information necessary to successfully approach your asylum claim.

Types of Asylum Seekers

For individuals seeking refuge in the United States, there are different types of asylum seekers based on their circumstances and the processes they must follow. Understanding these categories can help you determine your options and the best course of action for your case. Here are some of the main types of asylum seekers:

Type of Asylum SeekerDescription
Affirmative Asylum SeekersIndividuals who apply for asylum voluntarily and are not in removal proceedings.
Defensive Asylum SeekersIndividuals who seek asylum as a defense against removal from the U.S.
Unaccompanied MinorsChildren under 18 who arrive without a parent or legal guardian.
Women and ChildrenWomen or minors fleeing domestic violence or other threats in their home countries.
Circumstantial Asylum SeekersThose who may fall under various categories, including those seeking protection from persecution due to their sexual orientation or political beliefs.

This classification helps to address the unique needs and legal landscapes faced by each group as they seek safety and security in the U.S.

Affirmative Asylum Process

To navigate the affirmative asylum process, you will need to file your application with the U.S. Citizenship and Immigration Services (USCIS) within one year of your arrival in the country. You must demonstrate that you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. After your application is submitted, you will be scheduled for an interview with an asylum officer who will assess the credibility of your claims.

Following the interview, if your application is approved, you may be granted asylum status. This status allows you to remain in the U.S., obtain work authorization, and potentially apply for your family members to join you. If denied, you have the option to request a review of the decision or pursue defensive asylum if you are placed in removal proceedings.

Defensive Asylum Process

If you are facing removal from the U.S., your pathway may involve the defensive asylum process. This method is initiated when you apply for asylum as a form of defense in removal proceedings. You will present your case before an Immigration Judge, where you have the opportunity to argue your application and outline the persecution you fear should you be returned to your home country. You must provide evidence and testimony that supports your claim to establish eligibility for asylum protection.

Process timelines can be unpredictable, as hearings and decisions rely on the court schedule. Following the judge’s decision, you will have the choice to appeal if your request is denied, keeping in mind that the overall process could be prolonged and require thorough preparation.

Important Factors in Asylum Applications

If you are considering applying for asylum in the United States, it is important to understand that several key factors will influence the outcome of your application. These factors can determine not only the success of your application but also the speed at which it is processed. The following list highlights some of the important elements to focus on during this journey:

  • Your personal testimony and credibility.
  • The quality and relevance of any supporting evidence.
  • Your country of origin and the conditions therein.
  • The timeliness of your application.
  • Legal representation and advocacy.

This understanding can help you prepare a stronger case and navigate the asylum process more effectively.

Credibility and Evidence

For your asylum application to be successful, your credibility will play a significant role. Immigration officials are trained to assess the authenticity of the claims you make during your interview and throughout the application process. Any discrepancies in your testimony or inconsistencies with your submitted evidence can negatively impact your case. Therefore, it is vital to be honest and provide a clear, coherent narrative regarding your experiences.

Equally important is the evidence you provide to support your claims. This can include personal statements, witness declarations, and corroborating documents that substantiate your fears of persecution. Make sure that your evidence is organized, relevant, and clearly linked to the basis of your claim. Building a strong foundation with credible evidence can greatly enhance your chances of a favorable decision.

Grounds for Asylum

The criteria for qualifying for asylum in the U.S. center around specific grounds. You must demonstrate that you have been persecuted or have a well-founded fear of persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group. This can include situations of violence, discriminatory practices, or targeted threats that can affect your safety and freedom.

Plus, being able to articulate your grounds for asylum convincingly can help dictate the strength of your case. It is advisable to gather as much information as you can about the current situation in your home country, as well as any personal incidents that have led you to seek asylum. This approach will significantly benefit your application and help demonstrate that your fears of returning home are justified.

Step-by-Step Guide to Applying for Asylum

It is vital to follow a systematic approach when applying for asylum in the United States. The application process can be complex, and understanding each step will help streamline your efforts. Below is an organized outline of the key stages you will go through to apply for asylum, from preparing your application to attending the necessary interview.

Steps in the Asylum ProcessDetails
1. Determine EligibilityAssess your situation and ensure you meet the qualifications for asylum.
2. Complete the ApplicationFill out Form I-589, Application for Asylum and for Withholding of Removal.
3. Gather Supporting DocumentsCollect evidence that supports your claim for asylum.
4. Submit Your ApplicationFile your completed application and pay any necessary fees.
5. Attend the InterviewMeet with an asylum officer to discuss your application.

Preparing Your Application

You will want to start by determining your eligibility for asylum, which requires a well-founded fear of persecution in your home country. Once you’ve confirmed your eligibility, fill out Form I-589 accurately, providing detailed information about your identity, reasons for seeking asylum, and any incidents of persecution you’ve experienced. It’s beneficial to seek assistance from legal counsel or an organization specializing in immigration law to help navigate this process effectively.

You should also gather supporting documents that reinforce your asylum claim. This may include personal statements, affidavits from witnesses, news articles, and expert reports regarding the conditions in your home country. Ensure all documents are in English or include certified translations, as this will facilitate a smoother review and expedite your application process.

Attending the Interview

Any discrepancies during your interview could affect the outcome of your asylum application, so it is vital to prepare adequately. You will be scheduled for an interview with an asylum officer, during which you will be asked to recount your experiences and the reasons for your asylum claim. Approach this conversation thoughtfully and honestly, as consistency in your responses is key in establishing your credibility.

Understanding your rights and the interview process itself will significantly benefit your experience. Familiarize yourself with the typical questions that may arise during the interview and practice your responses. In addition, consider having a trusted person accompany you for emotional support, as the interview may be a stressful situation. By preparing thoroughly, you increase the likelihood of a favorable outcome on your asylum claim.

Tips for a Successful Asylum Application

Despite the complexities involved in the asylum application process, there are several strategies you can employ to improve your chances of success. First and foremost, it is crucial to prepare thoroughly. Here are some key tips to consider:

  • File your application as soon as possible to meet the one-year deadline.
  • Clearly articulate your fear of persecution in the application.
  • Gather and include all relevant supporting documents.
  • Stay organized and keep copies of your application and all correspondences.
  • Be prepared for the asylum interview by practicing your testimony.

The clearer and more comprehensive your application is, the better your chances of obtaining asylum. You must present a well-documented case that supports your claims and demonstrates the reason for your fear of returning to your home country.

Legal Representation

Assuming you decide to seek legal assistance, obtaining skilled legal representation can significantly impact your asylum case. An experienced immigration attorney can guide you through the intricacies of the law, help you prepare your application, and represent you during the asylum interview and any hearings. They can also assist in gathering and presenting evidence to substantiate your claims, which can prove vital in the adjudication of your application.

Investing in legal representation can offer you a sense of security and expertise that is often difficult to achieve alone. An attorney can help you identify strengths and weaknesses in your case while ensuring you adhere to all legal requirements set forth by U.S. immigration law. Their support may make the entire process less stressful, allowing you to focus on presenting your story effectively.

Gathering Supporting Documents

Successful asylum applications hinge on robust supporting documentation that corroborates your claims. This documentation may include personal statements, medical records, police reports, or any evidence that demonstrates your fear of persecution in your home country. You should strive to collect various forms of evidence that validate your narrative and enhance your credibility in the eyes of the adjudicator.

Supporting documents provide tangible proof of your situation and fears, which can make a significant difference in your application. Be sure to include personal accounts, letters from witnesses, and any news articles that outline the situation in your home country. The more comprehensive your evidence, the stronger your application will be, thereby improving the likelihood of a favorable decision. Gathering these documents may take time, so it’s beneficial to start early and remain organized throughout this process.

Pros and Cons of Seeking Asylum

After considering the implications of seeking asylum in the United States, it is vital to weigh both the advantages and disadvantages. Each individual’s circumstances are unique, and the choice to seek asylum should be made with a comprehensive understanding of what it entails. The following table outlines some key pros and cons to aid you in your decision-making process.

ProsCons
Provides protection from persecution in your home countryLengthy process that can take years to resolve
Grants the right to remain in the U.S. legallyPotential for denial of your asylum application
Access to work authorization after a waiting periodRestrictions on travel outside the U.S.
Eligibility for certain welfare benefitsEmotional stress and anxiety during the process
Opportunity to rebuild your life in a safer environmentFamily separation if you have dependents
A pathway to permanent residencyComplications with legal representation
Formation of community support networksDifficulty in proving eligibility for asylum
Increased awareness of your situationDiscrimination or negative stereotyping
Potential for humanitarian reliefLimited access to legal resources
Ability to seek redress for human rights violationsOngoing uncertainty about your future

Advantages of Asylum Status

Cons of seeking asylum may be overwhelming, yet it’s important to focus on the numerous advantages that come with achieving asylum status. Upon receiving asylum, you will be protected from the threats that forced you to flee your home country. You gain legal residency in the U.S., which opens up opportunities for employment and the ability to provide for yourself and your family. Moreover, asylum status allows you to access vital services and programs that support your well-being as you transition into your new life. You may also eventually apply for permanent residency, which paves the way for more stable and long-term planning for your future.

Challenges Faced by Asylum Seekers

Asylum processes can be notably challenging and can evoke emotional and psychological stress. Asylum seekers often face significant obstacles, including navigating the complex legal system and understanding the intricate procedures involved in filing an application. Additionally, you may encounter hurdles related to legal representation, as obtaining a knowledgeable lawyer can be financially burdensome and resource-intensive. The uncertainty surrounding your case status can create immense anxiety, and the fear of returning home can lead to prolonged distress.

Challenges can also result from cultural differences and language barriers, which might hinder effective communication throughout your asylum process. Furthermore, the stigma of being an asylum seeker can contribute to feelings of isolation and discrimination in your host community. Many asylum seekers experience difficulties integrating into American society, as they may lack a support network and face barriers in accessing vital services or employment opportunities. Recognizing these challenges allows you to better prepare for your journey in seeking asylum.

Frequently Asked Questions about Asylum Law

Many immigrants seeking asylum in the U.S. often have a variety of concerns and questions about the process. It is imperative to address these common concerns to help you feel more informed and prepared as you navigate the complexities of asylum law. One of the most frequent worries involves the potential risks associated with applying for asylum, including the fear of being detained or deported. It is important to understand that if you meet the definition of a refugee and apply for asylum within the designated timeframe, you have certain legal protections that can safeguard your status in the U.S. during the application process.

Common Concerns

The questions surrounding the asylum process can also extend to the duration and outcome metrics of your application. You might wonder how long it will take to receive a decision on your asylum case or what to expect if your application is denied. The asylum process can vary greatly in length, influenced by numerous factors, including the complexity of your case and the current backlog of cases in the immigration court system. If your application is denied, however, you still have options, including the possibility of appeal, which emphasizes the need to have a knowledgeable attorney by your side to guide you through various stages of the process.

Misconceptions about the Asylum Process

About the asylum process, many misconceptions exist that can cloud your understanding and impact your situation. A prevalent myth is that asylum seekers are automatically granted asylum upon submission of their applications. In reality, the process involves a rigorous evaluation, including interviews and possible court hearings, to assess the legitimacy of your claim. Additionally, some people believe that you must apply for asylum immediately upon entering the U.S., whereas the law allows you to apply within one year of your arrival, although there are important exceptions to this rule.

Understanding these misconceptions is vital to ensure that you approach the asylum process with realistic expectations. For instance, some individuals may mistakenly think that it’s easy to obtain asylum if they are fleeing persecution, but the legal standards are stringent, requiring well-documented evidence to support your claim. Staying informed about the nuances of the asylum process will empower you to make sound decisions and adopt the right strategies for your case. Consulting with an experienced immigration attorney can further enhance your understanding and help dispel any myths you may encounter along the way.

Conclusion

Considering all points, understanding asylum law in the U.S. is necessary for you as an immigrant seeking safety and refuge. The process can be complex, but being well-informed about your rights, the application process, and the criteria for eligibility empowers you to navigate the system more effectively. With the right knowledge, you can present your case confidently and enhance your chances of a positive outcome.

As you continue your journey, make sure to stay updated on legislative changes and seek professional guidance when necessary. Asylum law can evolve, and having access to current information is key. Your pursuit of asylum is not just a legal process; it represents a significant step towards a new beginning, and being well-prepared can make all the difference in achieving the safety and stability you seek.

2024 New Developments in Asylum Process You Must Know

August 6, 2024

2024 New Developments in Asylum Process You Must Know

Author: USA Asylum Lawyer Alena Shautsova

Asylum is a discretionary relief that one can apply for in the US when they fear returning to their home country. It is only possible to request asylum if one either is already in the US, or if they are at the point of entry/border of the US. It is not possible to file for asylum if one is outside the US.

U.S. asylum law is based on international agreements created after World War II to protect people who are fleeing or fearing persecution. However, in addition to the Acts of Congress, the Asylum laws are also shaped by the USCIS regulations, DHS Memos, court decisions, and Executive orders.

In 2023 and 2024, the Executive branch issued a number of such orders that drastically affect one’s chances of receiving asylum in the US. The main purpose of those orders is to regulate asylum flow at the U.S. southern border. 

For example, June 4, 2024 Presidential Executive order states that noncitizens arriving between ports of entry at the southern border are generally ineligible for asylum when the rolling seven-day average of daily encounters with inadmissible noncitizens surpasses a specific numerical threshold. This threshold has been consistently exceeded since July 2020, resulting in strict limitations on asylum eligibility for those crossing at non-designated points. See: https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.

 Before the implementation of the new rule, immigration officers conducted interviews with each noncitizen they encountered to determine if they intended to apply for asylum or if they had a fear of persecution. If a person was found ineligible for asylum, an asylum officer would then assess whether the noncitizen had a credible fear of persecution or torture, defined as a “significant possibility.” This process, outlined by 8 U.S.C. § 1225(b)(1)(B)(v) and 8 C.F.R. §§ 208.30 (e)(2)-(3), was essential in ensuring noncitizens were not erroneously sent back to perilous conditions in their home countries.

The Rule, however, adopts a screening policy that will systematically lead to the forcible return of people seeking protection from persecution, torture, and death. Under the Rule, a noncitizen can be quickly removed from the United States without any process unless an immigration officer—usually a Border Patrol agent—determines that the person has “manifested” a fear of return. Individuals must “manifest” a fear of persecution or torture on their own, without being asked if they have such a fear. In practice, non-citizens  who lack understanding of the process, are hungry, tired and scared will not be able to comply with such a demand, not even knowing they have to. Experience shows that, when a “manifestation of fear” standard or similar directives not to ask about fear of removal were imposed, asylum seekers’ fear of return has gone unrecognized.

Further, even if a Border Patrol agent concludes that a noncitizen adequately “manifests” a fear, the noncitizen will still face removal unless an asylum officer determines that the noncitizen meets a new, more stringent screening standard. Instead of satisfying the “significant possibility” standard, the noncitizen must demonstrate a “reasonable probability” of torture or persecution. Most importantly, a non-citizen has only 4 hours now to consult with an attorney prior for their life-changing interview- test that determines if they have enough fear to remain in the US or being sent home.

Another important rule to take into consideration when filing for asylum is the Circumvention of Lawful Pathways rule, which is currently is being litigated, but nevertheless must be observed until the final decision is made by the courts. Some refer to it as  “Asylum Transit Ban.”  If one enters the US between the points of entry, between May ay 11, 2023, and May 11, 2025, including minors traveling with their parents, then they are ineligible for asylum! Certain groups of people are exempt from the bar, including Asylum seekers from Mexico (as they do not travel through another country before entering the United States); Unaccompanied minors; People who enter the United States through parole (a process through which the government can give certain people permission to enter the United States); People who have a pre-scheduled appointment to come to a port of entry (CBP One App appointments), and certain vulnerable groups, including those with acute medical needs or victims of severe forms of trafficking.

As one can see, that these barriers must be overcome prior to one’s application being considered on merits. These points will be vetted in both affirmative and defensive asylum procedures.  These are new serious barriers on one’s way to asylum in the USA.

If you need help with your asylum case, call us 917 885 2261 or book appointment here: https://www.shautsova.com/m/contact-us-lawyer/calendly.html

How To Expedite Travel Documents

October 2, 2023

Author: New York Russian Speaking Immigration lawyer Alena Shautsova

If you are not a US citizen yet, you most likely have certain anxiety attached to possible international travel: you may be worried about being allowed to enter the US upon return, or if you can even qualify for travel documents, or if you will be able to return to the US after a prolonged stay abroad.

These are all common questions asked by both green card holders and those for whom the laws of the US allow to apply for a travel permit while they are in the process of receiving a status. For example, people granted asylum or a refugee status in the US can travel abroad only using an asylee/refugee travel document; persons in TPS status, adjustment of status pending, T status, or DACA may request advance parole which will allow them to return upon temporary travel abroad; persons with green cards who may stay abroad for longer than 6 months would want to file for a re-entry permit to avoid issues at the border.

 Almost all travel documents such as advance parole, re-entry permit, and refugee/asylee travel documents are filed for using form I 131 found at www.usics.gov. It is the same form that is used by different applicants for different purposes. The filing fee for the form will depend on the purpose or the type of travel authorization one is requesting. For example, today, for an advance parole one will have to pay $575, for a refugee travel document most applicants will pay $220, and for a re-entry permit: $660.

Typically, form I 131 is filed with USCIS by mail, and processing times vary upon the type of the document requested, and vary from 3.5 months to 6-9 months. But what if your need to travel is quite urgent and you cannot wait for such a long time? Then, depending on the type of document you request and the circumstances, you may request that USCIS expedite the issuance of travel documents.

There are two ways one can go about it. If your application with USCIS  had been filed already, and the travel needs from less urgent turned into very urgent, you can submit and expedite the request with USCIS asking to process the already filed application. Your request will have to comply with the expedited guidelines that can be found here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

You will have to demonstrate that failure to process the document fast will result in:

·       Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:

o   Timely file the benefit request, or

o   Timely respond to any requests for additional evidence;

  • Emergencies and urgent humanitarian reasons;
  • Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
  • U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or
  • Clear USCIS error.

If USCIS agrees with you, your document will be issued pretty quickly, but still, it will take about 30 days to get processed!

But, there is a different way as well. What if the need to travel appeared within the past 48 hours due to some sort of emergency? Then (and it is true, especially for advance paroles), you may request that your travel document be issued to you in person at a local USCIS field office. For that, you first have to request an appointment at a local USCIS field office either by calling USCIS customer service number or using the online scheduling tool: https://my.uscis.gov/en/appointment/v2. If your request for the appointment is confirmed, you will have to appear at the local USCIS office with your filing fee, filled out form I 131, proof of emergency, a copy of your ID, passport, and 2 passport-style photos, as well as proof of your eligibility to seek advance parole (a copy of receipt for pending I 485 form, affirmative asylum, or having a DACA or TPS status for example). A local USCIS officer will decide if your request warrants merit, and if agrees with you, you will receive advance parole on that very day. 

U.S.- Canada Border Crossing: A Sudden Increase in Migration From the U.S.

March 19, 2023

Author: US Asylum Lawyer Alena Shautsova

“Border security”, “illegal immigration”, “undocumented migrants”, “open border”…. I have no doubt you have heard these expressions somewhere in the past year… These are common words used to describe the state of US Immigration system. Instead of focusing on reforms in the work visa sector, speeding up family immigration and improving investment immigration, or dealing with tremendous domestic and overseas processing backlog, the parties are involved in heated arguments over something that these days look almost unsolvable: the surge of migrants coming to the US seeking protection and better life.  

Border crossing and asylum have been pertinent issues in the United States for many years now. More recently, in a drastic turn of events, there has been a surge in the number of migrants leaving the United States for Canada (via crossing the U.S.- Canadian border on foot in unauthorized border crossing points). The migrants cite long processing times, homelessness, and free bus tickets provided, for example,  by NYC administration as reasons for crossing into Canada.

Canadian Prime Minister Justin Trudeau has since been under increasing pressure to come to an arrangement with President Biden on the complete closure of the border to asylum seekers. This is a result of the sudden surge in illegal crossings into Canada by asylum seekers. Many of these migrants are beneficiaries of the New York City (and other aid agencies) free bus fares. Prime Minister Trudeau has also noted that he will discuss the issue with President Biden when he (Biden) comes to Ottawa on March 23 and 24.

What awaits migrants in Canada one may ask?

According to a CNN reporter:

“Prior to 2022, Daoud said, asylum-seekers in Canada would often receive a Refugee Protection Claimant Document, or RPCD, soon after arriving in the country. The critical document not only serves as identification for asylum seekers, but it also allows them to apply for certain provincial benefits and a coveted work authorization while their asylum cases are reviewed.

Now, because of a backlog, the best most may get upon arrival is the appointment to receive an RPCD. “We’re seeing eight months, one year, a year and a half, two years. Some of them get their appointment pushed up,” said Daoud. “Some of them have to wait and that’s becoming a problem.””

https://www.cnn.com/2023/03/13/us/roxham-canada-border-migrant-increase/index.html

But is there anything else that attracts migrants to cross into Canada illegally? Yes, of course there is something! It is a loophole in the agreement between the US and Canada. According to the Safe Third Country Agreement between the US and Canada, a person who is the United States attempts to enter Canada legally, will be returned back to the US to seek asylum there. But if the same person crosses into Canada avoiding legal check point, the mentioned agreement does not apply.

So, as you can see, if you are a law-abiding person trying to do thing the right way, in the eyes of the migrants you will be punished: not allowed to seek asylum in the US simply because you transited through it. But if you avoid the legal checkpoint, you will be rewarded with a chance of seeking asylum with all its benefits and path to citizenship!

Let’s circle back to the United States now and see why currently asylum seekers face hurdles in voicing their claims. Currently, to come to the US, migrants are using CBP One App which allows them to come into the US legally without a visa or parole, if they meet an exception to Title 42 rule which is set to expire in May of 2023. However, upon entry a person is immediately placed in Immigration court removal (deportation) proceedings. A set of documents such us I 94, I 862 is provided, and a migrant is released. But this is false safety. An Immigration court hearing is going to be scheduled for the person, yet there is uncertainty as to when. In the United States an asylum seeker must file their asylum claim using form I 589 within one year of entry.  If a person is placed in removal proceedings, the claim has to be filed with the Immigration court. But Immigration courts (that are already suffering from more than 2M case backlog) will not accept your claim until your case appears to be active in their system. And that may take months and months to happen, despite the fact that at the time of the entry, a person could have received a set date to come to court as printed on their documents. Now, it is expected that a person would know that if his/her case is not active in the Immigration court system they can send their case to USCIS in the meantime, just to save the one year filing deadline.  But how many people will know that? Also, the US, unlike other countries, does not provide any benefits to asylum seekers while their cases are pending (on a federal level; the local government may have various programs such as temporary free housing, food assistance, or free bus tickets. Many do not understand all these complications in filing systems, they miss their one year filing deadlines, and as a result get disqualified from asylum in the US and path to permanent residency).  All these hurdles force migrants to seek better options elsewhere, but also undermine access to justice.

I am positive that the United States can do better. Ideas of mobile asylum unites (officers that would be located close to the border providing expedited screening) were voiced, but to date there was no effective implementation of those plans. How about modernizing the court hearing system? Allowing a migrant to choose the first available spot on the calendar, performing remote Asylum interviews (after all if video mode is good enough for courts, it should be good enough for USCIS as well) will sped up the affirmative asylum process releasing the deadlock on the tremendous backlog.

As of the date of this article, however, the backlog in the Immigration court system and USCIS keeps growing, without a clear answer as to who, when and how will stop it.

If you need help with your asylum claim, reach out for assistance at 917 885 2261 (consultation fees apply).

Ukrainians Need Ukrainian Adjustment Act!

January 3, 2023

Ukrainian Refugees Seek Jobs And Normalcy, But Find It Hard To Do So

According to the government authorities, nearly a quarter of a million Ukrainian refugees who have escaped the Russian invasion of Ukraine have arrived in the United States. Many of these people are leaving behind family members and friends, their lives and their livelihoods. Some of those left behind are unsure of when they will see each other again.

Refugees Who Have Been Uprooted From Their Lives

It is a long journey for those escaping the fighting, who are traveling to America. Indeed, the number who make it to the US represents a much smaller part of those fleeing. Estimates of as many as 12 million Ukrainians have fled after Russia invaded their country in February of last year, with many still trying to leave. Of those who arrived in America, some came in as recently as last month.

Many of the immigrants desire to work, study, and attend college. These refugees are hardworking, well-educated people. They have skills and qualifications. Many are not content to sit back and feed off the system.

Obstacles To Establishing Themselves

Despite their skills, the refugees face many challenges as they try to integrate themselves into American society. Ukrainians are frequently prevented from working in their sector of choice due to linguistic problems. Some are having difficulties trying to enrol in college or obtaining professional certificates for their previous fields.

Since most Ukrainian refugees are women and children, they must also deal with childcare difficulties. In addition, they may encounter challenges such as American institutions not acknowledging their degrees or a lack of assistance in their search for white-collar jobs. For many, the job market here shares little with what they are more familiar with back home.

These Refugees Can Fill A Need

For the most part, American society needs the skills and qualifications these refugees bring. In some states, there are hundreds of thousands of job vacancies, and the Ukrainian refugees bring with them applicable skills. Whether there is sufficient help from companies and community-based organizations to assist the refugees in making the required changes is the question.

These are professionals with advanced skills, such as scientists, medical professionals, military officers, educators, and technicians. They can fill roles that American society desperately needs, yet they are among those frantically looking for employment. They have more to offer than the typical refugee employment in factories, warehouses, and retail establishments.

Overcoming The Challenges They Face

For immigrants or refugees, finding employment requires more than just being in the right place at the right time. It also requires knowledge of potential hiring process differences in the US.

Career development specialists advise people to start looking for employment or job titles that are comparable to their previous careers, then get in touch with the recruiting managers of those companies. Without a network of links, things can be difficult.

In an effort to provide some assistance, more than a few support groups have been formed in many US cities. These groups offer aid to arriving refugees, helping them find housing. Some also assign guides to the refugees that help them assimilate into American society.

Calls For The Government To Step In

The United States Government made a significant announcement has made it possible for Ukrainian refugees to enter the country easily. In April, President Biden pledged to accept Ukrainian refugees escaping Russia’s invasion. Arrangements were made mechanism for Ukrainian nationals and members of their close relatives who live abroad to enter the US and stay for a brief two-year parole period.

However, a lot of people want the government to take greater action. Some contend that the refugees require long-term protection as well. They demand that the government provide long-term assistance and a stable route to creating a life and a long-term status.

The Current Situation In Ukraine

Some experts predict that the Russian war effort may come to a rather anticlimactic end. With no end in sight, some are suggesting that a tentative ceasefire with both sides making compromises is the best option. Faced with stiffer than expected resistance, the Russian offensive has been subjected to a prolonged conflict, which has ground to a stalemate.

The strain on the Russian chain of command is showing, with strategic attacks becoming more sporadic. Indeed, the Russian offensive is showing misfires, with a stray missile entering Belarusian airspace just yesterday. Russia is deliberately targeting infrastructures such as power generation and road networks, trying to cripple Ukrainian morale.

Those less than stellar tactics are having a devastating effect on communities and those who still remain in Ukraine. More so as nine months have passed since the start of the Russian invasion and Ukraine is now in the dead of winter. Snow has covered all of the demolished buildings in Ukraine, and the untouched buildings are left without heating or power.

But those who managed to reach the US are in desperate need of help. In the best-case scenario, a person would qualify for a TPS or parole for 2 years, but those options are not leading to a green card or permanent residency, and are only a temporary “fix” for a problem. A Ukrainian Adjustment Act, a law that would allow eligible Ukrainians to file for green cards would help to provide some stability for the nationals left without a home and will help to unite families which are separated by the war…

Class Action against DeSantis

October 4, 2022

Florida Governor DeSantis, a member of the Republican party, has been sued alongside other state officials in view of his new migration policy. The aggrieved migrants instituted a class action on 14th September 2022 after being flown to Martha’s Vineyard, Massachusetts. Their cause of action is centered on alleged fraud on the part of Florida’s Governor, Ron DeSantis, inducing their migration from Texas on his directive. Critics argue that the Governor’s action was politically driven at the risk of stability in the lives of their migrants. It can be considered to be a revolt against the President’s open border policy, which is largely seen as the democrats’ mandate.

Who are the parties to the suit?

This class action was brought in the Federal court in Massachusetts upon the filings of Alianza Americas, together with three non-citizens individually and on behalf of all others affected by the government’s actions. The individual plaintiffs were among the ones flown by DeSantis from Florida to Martha’s Vinyard, and the Alianza Americas is a non-for-profit defending immigrants’ rights.

Alianza Americas has its root in the Latino immigrant communities in the United States with the aim of promoting humane, just and equitable policies. Apparently, DeSantis migration policy violates the tenets of the organization necessitating its involvement in the suit. 

The lawsuit features Ronald DeSantis, Florida’s Governor, as one of the defendants. He is sued alongside Jared Perdue, the Secretary of the Florida Department of Transportation; and the Florida Department of Transportation.

Key allegations against Florida’s Government

Florida’s governor, as the defendant, and the state officials have been accused of executing a fraudulent scheme that advances their personal and political interests. These accusations were made in a statement by Alianza Americas and the three migrants. It is alleged that about $615,000 was spent chartering planes, with financial assistance through the Coronavirus State Fiscal Recovery Fund. The use of the funds was alleged to breach the restrictions imposed on its use.

The Migrants boarded the plane having been deceived that they were heading to Boston or Washington D.C for a better life. Their vulnerability, specifically the migrants from Venezuela, can be linked to their experiences as victims of the humanitarian crisis in their country. It explains the hope for a “better life” that guided that actions.

  1. Inducement

It is alleged that the defendants gained the plaintiff’s trust and cooperation through the provision of Mcdonald’s gift certificates to curb food insecurity as well as free hotel stays. The exploitation of their basic needs enabled the exploitative situation, with false promises of education, housing, and employment upon arrival at Massachusetts.

The defendants, through their agents, trolled streets close to the San Antonio migrant shelter and other areas to lure about 50 migrants to leave for Martha’s Vineyard. The plaintiffs alleged that they were left at Martha’s Vineyard at the mercy of the locals., with no provision made for their basic needs.

  • Violation of Rights

The  plaintiffs seek a class action status at the federal court in Massachusetts in view of the alleged ruse being tortious, a violation of federal statutes, and the plaintiff’s protection under the Fourth and Fourteenth Amendments to the American Constitution.

Oren Sellstrom in his address as the Plaintiffs’ counsel stated that the locals at Martha Vineyard did not anticipate their arrival. He also argues that the Defendants were unresponsive to calls from the migrants who wanted to make inquiries about their situation. He emphasized the deprivation of liberty, manipulative acts of the defendants, and interference with the Federal Government’s exclusive control over immigration.

 It is of interest to note that Oren Sellstrom serves as the litigation director at Lawyers for Civil Rights, a charitable legal aid group in Boston. The Legal aid group demanded that the federal and state authorities undertake an investigation into the migrants’ flights to Martha Vineyard. Images of alleged brochures that were given to the migrants to induce their departure were posted. It was said that the brochures were intended to support DeSantis’ ruse.

Plaintiffs’ claims in the Lawsuit

The plaintiffs, in their address to the court, are praying for the certification of their action as a class action, with the migrants as class representatives. In addition, a declaration that the defendant’s actions are unconstitutional and in breach of federal and state statutes. The Plaintiffs also asked the court to award damages to them, and enjoin the defendants from using fraudulent means to induce immigrants to travel across state lines.

The Defendants’ position in the Lawsuit

DeSantis defended his actions stating that there were no legal violations. One of his spokespersons, Taryn Fenske emphasized in this statement that the migrants acted voluntarily. The Defendants argue that the migration offered the migrants access to better opportunities with the sanctuary jurisdiction.

Taryn Fenske spoke against the growing interest of the activists in immigrant welfare upon their move to Massachusetts. He highlighted that the activists had failed to look out for the migrants while they suffered of hunger and abandonment in Florida. DeSantis seems convinced about the positive impact of the $ 12 million program to relocate migrants, as he undertook to continue the project.

HOW DOES ICE KNOW WHERE TO FIND YOU? APPARENTLY, YOU TOLD THEM (WELL, NOT EXACTLY)

September 6, 2022

Author: New York Immigration Lawyer Alena Shautsova

Many undocumented individuals residing in the United States are afraid to leave a paper trail like opening a bank account or even visiting a hospital because they are concerned that this information will be used by the government to deport them. Apparently, such worries have grounds. A lawsuit was filed LexisNexis- a data broker- to cut over allegedly selling personal data of immigrants to Immigration and Customs Enforcement (ICE). The lawsuit claims that LexisNexis helped in creating a large number of surveillance files on almost every adult in the United States. Immigration and Customs Enforcement(ICE) is also accused of using this information in safe cities for immigrants. Plaintiffs in this lawsuit include Organized Communities Against Deportation, Mijente, Just Futures Law, Legal Action Chicago, and Coalition for Immigrant and Refugee Rights.

It has been reported that the information provided to Immigration and Customs Enforcement by LexisNexis, is data that otherwise can only be obtained with a court order, subpoena, or some other legal processes. Access to this information allows Immigration and Customs Enforcement to easily (without a due, fair process) arrest and deport immigrants without complete documentation.

Reporting at a meeting of the Cook County Board of Commissioners, a member of the Illinois Coalition of Immigrant and Refugee Rights and Access Living identified as Michelle Garcia started how she used LexisNexis to search her records, and found an overwhelming amount of personal data collected on her. Her personal information which she found included information that she wouldn’t ordinarily share. Not only was her personal information found there, but also information on her family members and neighbors whom she shares the same apartment complex with.

In Michelle Garcia’s words, “LexisNexis collected 43 pages of information about me, my family, and my acquaintances. It was extremely disturbing, scary, and overwhelming to see everything in writing that they have collected about my life as a Cook County resident. … This information is in the hands of a third party like LexisNexis, and then potentially in the hands of ICE, putting my loved ones and other community members at risk. I have the privilege of citizenship. But if I were one of the millions of undocumented people living in the U.S., ICE could find me within a matter of hours by searching through a report like mine. ICE is still free, has free rein to go after anyone they believe is deportable.”

When asked to lay out the details of the lawsuit and the significance of filing it in the State of Illinois, Cinthya Rodriguez, the national organizer with Mijente, disclosed how LexisNexis is gathering and selling the data of over 276 million people across the United States, especially with the aid of their Accurint product.

Cinthya Rodriguez went on to state how they want to shed light on the violation of privacy and consumer rights in the State of Illinois and the state’s common laws. As one of the biggest data brokers in the world, LexisNexis is “getting rich off the backs” of people by collecting and selling personal information, especially of community members. This in turn could lead to their arrest, detention, and deportation.

Previously, commissioners of Cook County in Illinois led an investigation to unravel the local consequences of the $22.1 million contract deal between LexisNexis and the Immigration and Customs Enforcement. Reports also have it that LexisNexis is not the only firm entering into this kind of contract with ICE.

A major unsettling fact about the issue is the ability of these agencies to gather a vast amount of personal data, including data that is not publicly available. Hence, a major reason why various immigrant advocacy communities entered the lawsuit is that they believe that the ICE is using this information collected illegally to bypass the non-compliance of cities and towns to detain undocumented immigrants.

In her interview with Democracy Now, Cinthyia Rodriguez further highlighted some ways data are collected. She described organizations like LexisNexis as a one-stop shop for data items such as phone numbers, addresses, license plate information, medical information, credit scores, and more. She stated that “tabs are kept on immigrant communities, communities of color, and protesters.” This is harming the well-being of these persons. Besides, none of this information including items such as social security numbers is collected without the owner’s consent.

It is sad to note that the privacy of the common U.S. citizen is severely threatened by such acts of impudence demonstrated by a government agency and data broking establishment. This is a breach of the fundamental rights of people, a right to privacy.  

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

June 22, 2022

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

Author: New York Immigration Lawyer Alena Shautsova

As the issue of immigration in the U.S. seems to be a never-ending rigmarole subject, new developments are expected at every turn. Most recently, the Supreme Court ruled that immigrants detained in the United States are not entitled to a bond hearing in certain situations. This ruling means that the thousands of immigrants currently held in detention facilities with open immigration cases can remain in detention indefinitely! It does not apply to all immigrants, but rather to those who already have orders of removal, but cannot depart or have additional hearings that must be conducted.

In addition to the Supreme Court’s ruling, the high court also ruled that federal courts do not possess the legal authority to grant class-wide relief to immigrants held in detention. This means that, if detainees want to petition their right to a bond hearing in the future, they can only present their cases individually. This is coupled with the fact that immigrants are not allowed to have legal representation during immigration proceedings.

The ruling of the Supreme Court seems to maintain the existing state of affairs as it concerns the issue of immigration. Many immigrants are currently detained in facilities that are more like prisons. Many immigrants have not been charged with any crime but do not possess the right to a hearing to justify their detention. Some of the immigrants are held in facilities belonging to for-profit corporations such as Geo Group and a host of others. The Court ruling also maintains that immigrants can’t have a bond hearing unless the U.S. government says so. This means that the U.S. government has the discretionary right to decide the fate of detainees. In other words, it will be up to DHS/ICE if the person is released from the detention or not, and if ICE/DHS does not want to release the person, they can keep them there technically, forever.

These  rulings dashes the hopes of immigrants who have been held long enough in detention. The cases which are Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez were brought to court by undocumented immigrants who contested they are being held in detention centers for far too long. Their argument was focused on the fact that immigrants who have been held in detention for up to six months or more should be entitled to an individualized bond hearing where the U.S. government has to prove the need for their continued detention.

The immigrants sued the U.S. government while leveraging on a 1996 immigration statute which states that an unauthorized immigrant “may” remain in detention for an extended period if they fail to meet certain criteria. The immigrants argued that since the statute uses “may be detained” instead of “shall be detained,” the right of discretion rests with the judges, hence entitling them to a hearing. The case was further appealed to the Supreme Court where representatives of the Biden administration argued that the law permits the Attorney General of the United States to indefinitely detain illegal immigrants while their cases are undergoing litigation.

Before the Supreme Court’s ruling, the Ninth Circuit Court of Appeals ruled in 2020 that detainees are entitled to a bond hearing. Since the Garland case was presented as a class-action lawsuit, the Ninth Circuit Court of Appeals granted a class-wide relief, thereby extending the right to a bond hearing to every person named in the suit.

However, the Supreme Court countered this ruling declaring that detainees are not entitled to such a bond hearing, hence a class-wide relief can’t be granted on that basis. Therefore anybody who wishes to exercise their right to a bond hearing in whatever form has to do it individually.

Certain observers feel that it is a bit unfair not to grant unauthorized immigrants the right to legal representation, whereas criminals in the U.S. are allowed legal representation. “Especially since their only offense is that they are in search of greener pastures,” according to an observer. Leah Litman, a professor at the University of Michigan Law School filed a brief in support of Gonzalez. She holds the opinion that the decision of the Supreme Court is completely unworkable and unrealistic. Furthermore, she asserted, “It makes it impossible to ensure that everyone who is potentially entitled to a bond hearing will get one.”

Aside from being denied a desired fair hearing, immigrants and advocates have since raised an alarm concerning the manner of treatment meted out to immigrants at the detention centers. Several facilities have been accused of abusing detainees. The Irwin County Detention Centre was shut down alongside another in May 2021. A gynecologist was accused of carrying out forced sterilization on the detained women at the Irwin Center.

Matt Adams, the legal director of the Northwest Immigrant Rights Project who argued the Garland case opines that the decision of the Court raises ethical questions. This is a result of the fact that the ruling contradicts the fundamental principles upon which the U.S system is founded- “that government officials may not lock up a person without at least providing them their day in court to contest whether their confinement is justified.” Although he gives reassurance that the matter will still be pursued as it is not over yet.

Border security, backlogged courts and the political divide over immigration

May 27, 2022

Border security, backlogged courts and the political divide over immigration

Author: New York Immigration Lawyer Alena Shautsova

Since the end of the fiscal year 2021, the number of people who stopped trying to cross the southwest  of the United States border has not gone down. People fleeing the consequences of the failed governments in their home countries, climate change and aggressive and uncontrollable gangs. The Trump administration tried to stop the migration by proposing to build a physical barrier and involving Title 42- legal barrier to immigration. The Biden administration rejected the idea of a physical barrier, but continued with the legal barrier, trying to find solutions that would be acceptable for both democrats and republicans. It happened that the “border security” argument became the main point of discussion when both sides are trying to address the much needed immigration reform in the United States.

Undocumented non-citizens

Thousands of undocumented immigrants live in the U.S. Many entered the United States without inspection through the “border”, many overstayed their visas but initially entered “legally”. Some were ordered deported or removed on paper but have never been physically removed from the United States. The issue becomes not only an administrative law issue, but an issue of Human Rights: because of the years- long delays in the processing of the migrants’ cases, undocumented non-citizens often develop deep social and economic ties with the United States, and their physical removal can occur decades after their initial entry becomes more akin to criminal punishment in its consequences rather than administrative citation. When addressing the “security” at the border, one can successfully argue that a physical barrier, can slow down the migration to some extent, but will not and cannot resolve the problem. The problem of global migration can be resolved only through an effective processing system of the non-citizens, and creation of favorable conditions in their home countries, where the need to move and uproot your family would not exist in the first place.

These are hard goals to accomplish, as they require talent, resources, effective management, and dedication. One would have to carefully balance the due process rights of non-citizens, human rights laws, and government interests in establishing procedures that would be effective and fair.  We can all remember draconian measures of Trump administration where children, sometimes, only months-old young, were separated at the border from their parents, many of those children were never united with their parents ever again. https://www.nytimes.com/2020/10/21/us/migrant-children-separated.html. At the same time,  Biden’s administration’s policy to allow non-citizens to entered the United States and then wait for months for their Notices to appear in court, also is not a good solution: the persons were placed in a limbo status where the document that has to initiate the court proceedings against them in a court would not be filed with the court for months and months, preventing persons to present their cases and obtain relief for those who qualify.  It seems such a policy was installed to allow the courts to artificially reduce the amount of pending cases, reporting a smaller backlog…  But it is obvious that without hiring more Immigration judges, border security personnel, and asylum officers, the backlog will not and cannot be eliminated. Cases of non-citizens require human review, they cannot be rubber-stamped by a computer, and human review requires humans, it means MORE personnel. The questions become ones of resources rather than morals.

Why There is No Immigration Reform?

Many can remember promises Biden made during the elections… the US Citizenship Act of 2021 sounded too good to be true… and of course, it never, to date materialized. But why? The obvious answer would be that the parties cannot agree on the terms of the proposals. But if you read the proposals from both sides, at times, they are not so different. So, what is really in the way of passing Immigration reform? Some say it is an issue of border security… However, it is obvious that the “border security” is only one side of the many-sided shape of the Immigrant land shaft we are dealing with. What about people who have been in the United States for decades and paid taxes, and do not have any criminal convictions. Still, even for those people, who are essential workers, TPS holders, seasonal farmers or DACA holders still, there is no relief…. At the time, the Congress can approve in a matter of hours spending bills and surpass any relief necessary to let’s say small businesses in the United States. The logical answer to this question is that neither side wants to pass a bill that would solve an immigration issue in the United States. Perhaps, some believe that administrative violators should not be awarded, some cite economic consequences and labor market collapse in case migrants who are already in the United States, are employed and will receive an official authorization to work and pay taxes… (does not make any sense, but the argument still pops up). Perhaps, the true reason would be that the situation is comfortable for those who have never felt the burden of being a reject, a “half” citizen, who works for people with voting rights and serves them well, but those with the power to change their fellow-non-documented residents fate are reluctant to do so in fear of losing some advantages…

So if this is the true answer, do you believe that a true, comprehensive reform is ever possible? What has to change for it to happen? The author believes that it is possible, but only when the need for it will outweigh the benefits of non-action. Without advocacy, true dedication to reform the society, implement innovations, and spend money on internal issues, the Immigration reform will not happen. Underfunded courts cannot be effective. USCIS, Asylum and border security personnel need salaries and training. Perhaps, the root of the issues lies in the constant ignoring of needs in the administrative sector on a Federal and local level.  

Jumpstart Legal Immigration System Act

April 6, 2022

Author: New York Immigration Lawyer Alena Shautsova

Jumpstart Legal Immigration System Act

Just recently a new Immigration reform proposal was introduced by the House Immigration and Citizenship Subcommittee Chair Zoe Lofgren (CA-19) introduced H.R. 7374. The Bill is called the “Jumpstart our Legal Immigration System Act”. The proposal recaptures hundreds-of-thousands of unused family- and employment-based visas and allows individuals who are in the U.S. and eligible for a green card – but for the lack of an available visa number – to apply for their green card upon paying a fee. 

Watch more here: