Immigration in the Age of Trump

Transcription

1 Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later on. It is possible, says the gatekeeper, but not now. Franz Kafka, Before the Law Immigration in the Age of Trump Course Leaders: Hans Meyer & Aaron Hall

2 Juana* Asylum Application in Immigration Court Testimony and Supporting docs found her story credible Stalked by gang members on walk home from place of work

3 Juana*

4 Juana* Record Evidence: 98% impunity rate for crimes against women many [Guatemalan] prosecutors do not see violence against women as a serious problem that warrants attention. Indigenous women particularly susceptible 2013 US Department of State Report finding femicide, murder of women and girls because they are women, typically preceded by sexual assault, as major problem. Guatemalan attempts to address problem found ineffectual

5 IJ Decision

6 Asylum For noncitizens already in the United States or at the border Who meet international law definition of refugee.

7 Refugee Person who is unable or unwilling to return to home country and cannot obtain protection in that country due to past persecution or a well-founded fear of future persecution on account of: Political opinion Race Religion Nationality Membership in a particular social group Definition from 1951 UN Convention, 1967 Protocol, and incorporated into domestic U.S. law with Refugee Act of 1980

8 Benefits of Asylum Protection from return to home country Work authorization May request travel document for international travel (but not to home country). After one year, asylee can apply for green card. Then later for citizenship.

9 Application process Affirmative Asylum Someone not in removal proceedings files with USCIS Application will either be approved or referred to an immigration judge in removal proceedings Defensive Asylum Person already in removal proceedings

10 Bars to Asylum Failure to apply for asylum within one year of entering U.S. With limited exceptions Particularly serious crimes Those who pose danger to U.S.

11 Asylum seekers at U.S. Border At POE or near border Expedited Removal (accelerated process authorizing quick deportation) Credible fear for those in expedited removal proceedings who express fear of return Asylum officer determines whether significant possibility of eligibility, if so referred to immigration judge If no credible fear found, can be appealed to immigration judge for truncated hearing on credible fear only.

12 How long does the asylum process take? As of March 2018, over 318,000 Affirmative Asylum applications pending with USCIS. Immigration Court backlog over 800,000

13 Denver Immigration Court

14 All Immigration Courts (Grant Rate)

15 Aurora Detained Court

16 Denver (Non-Detained)

17 DHS on caravans and asylum

18 USCIS and Immigration Court statistics 93% of those in Spring 2018 Caravan passed USCIS credible fear screening

19 Top Ten Countries of Origin for Asylum Grants in U.S.

20 What happens to asylum seekers while application processed? Those arriving at the border can be detained or paroled Some courts have given right to bond hearing after six months of detention If not detained, work permit after 150 days

21 Home by Warsan Shire

22 Central American Honduras, Guatemala, and El Salvador Among most violent places in the world Corruption Domestic Violence Poverty

23 Why caravans Market rate around $10K for a smuggler Safety in numbers for caravan

24 Administration s Responses Attorney General Sessions with Matter of A-B- Purports to eliminate DV-related asylum claims

25 Family Separation Zero Tolerance DHS Secretary Nielsen: There is no policy 2017 pilot program: families separated, children reclassified as unaccompanied April 2018 AG Sessions: If you cross the border unlawfully... then we will prosecute you. If you smuggle an illegal alien across the border, then we'll prosecute you.... If you're smuggling a child, then we're going to prosecute you, and that child will be separated from you, probably, as required by law. Audio recording from Pro Publica 6/18/2018

26 Reversal June 20, 2018: President signs order, directs families be detained together. According to government court filings, over 2,500 September 20, 2018, the government reported to the court that it had reunified or otherwise released 2,167 of the 2,551 children over 5 years of age who were separated from a parent and deemed eligible for reunification by the Government.

27 Asylum Ban 11/2018: Barring those arriving between ports of entry.

28 Enjoined by federal court 12/19/2018 Preliminary Injunction by Federal Judge 12/21/2018: Supreme Court declines government appeal to remove injunction and allow policy to go into effect

29 Metering Intercepting asylum seekers at bridge before on U.S. soil Saying no capacity Use of the list Managed and run by the asylum seekers themselves Now more than 4000 names on the list in Tijuana Cannot, and does not, legally exist

30 Migrant Protection Protocols Asylum applicants at southern border to wait in Mexico while applications processed Safety concerns Cartels Mexican authorities Access to counsel Still in effect, lawsuits pending

31 Questions and Comments