Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Almost 60,000 asylum seekers and other migrants have been pushed to Mexico to wait for their US immigration court dates. In Mexico, these mostly-Central American asylum seekers often live in tents with no sanitation, and fear for their safety. Because of this, roughly 1 in 10 asylum seekers part of the “Remain in Mexico” program are caught crossing the border outside of a port of entry or otherwise illegally. Advocates argue that forcing asylum seekers to face deadly conditions for months is the cause. If they have a particular fear, asylum seekers can ask to remain in the U.S. during their court case and not be a part of the program. However, in reality, less than 1% of asylum seekers are granted reprieve from the program.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The San Diego Union-Tribune reports that asylum seekers who have finished their court cases are being sent back to Mexico with documents that contain fraudulent future court dates, keeping some migrants south of the border indefinitely.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The first step to an asylum application is a credible fear interview, where an asylum seeker has to show they have a credible fear of returning to their home country, which was designed to be a low threshold that many could meet. When border patrol officers began conducting some of these interviews in June, the approval rate dropped sharply. The approval rate for border patrol was 47% compared to the roughly 80% for asylum officers. The move to use border patrol officers for this purpose has been criticized, with asylum officers agreeing that border patrol were trained with an enforcement mindset that is unsuitable for humanitarian work, and it is unfair to both the border patrol and the asylum seekers.
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Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal is expected to be officially published on November 14 and will have a month-long comment period.
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Posted on November 4, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over 500 flights were canceled in October, leaving refugees in limbo. Now, the moratorium on refugee flights has been extended to November 5, meaning that no refugees have been resettled in the U.S. in October. Though these refugees have already been through the vetting process and were approved to come to the U.S., the indefinite delays are causing problems, both psychologically and procedurally. Experts say forcing the refugees to continue to stay in camps in Egypt and Nigeria is “re-traumatizing.” Some unaccompanied minors have turned 18 during the month-long extension, meaning that they are no longer minors and have to wait in the refugee camps indefinitely. Some refugees have medical exams and security checks with looming expiration dates. Since the moratorium technically has an end date, flights will continue to be re-booked for the refugees.
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Posted on October 8, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The White House released a document noting that President Trump is proposing a refugee ceiling of 18,000 for FY2020. Further, the president also issued an executive order instructing the federal government to settle refugees only in those jurisdictions in which both the state and local governments have consented to receive refugees under the DOS Reception and Placement Program. CNN reports that the proposed refugee ceiling would mark a “new historic low” and that the executive order could allow states and local jurisdictions to deny refugees entry.
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Posted on October 8, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
few weeks ago, reports emerged that DHS had begun utilizing CBP officers to conduct credible fear interviews, but the unprecedented shift in functions remains shrouded in secrecy. The American Immigration Council and Tahirih Justice Center recently filed a FOIA lawsuit to uncover more information about this move and how it’s altering the asylum process.
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Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The San Francisco Chronicle reports that the Trump administration has promoted six judges to the BIA — all of whom have high rates of denying immigrants’ asylum claims. “The [BIA’s] primary function is to ensure rule of law and impartiality, yet the [DOJ] cherry-picked judges from the harshest jurisdictions with the lowest asylum grant rates in the nation
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Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L‑E‑A‑, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
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Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Maryland granted the plaintiffs’ motion for a temporary restraining order (TRO), blocking the implementation of the May 31, 2019, USCIS memo regarding updated procedures for asylum applications filed by unaccompanied children (UACs) for 14 days from issuance of the court’s order.
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