Republican Senators Lindsey Graham (South Carolina) and Jeff Flake (Arizona) began brainstorming and formulating plans with Democrats on how to protect the Dreamers, the DACA recipients who received protection from deportation under President Obama’s executive order in 2012.
Refugees world-wide have heard the message from the Trump campaign – temporarily ban Muslims and people from “terrorist countries.” President elect Trump sees Syrian refugees as a Trojan horse, by which terrorist use the refugee label to enter the United States.
Asylum applicants from Mexico and Central America have an especially hard time meeting the requirements for asylum because asylum law requires each applicant to establish a connection for his or her persecution to one of the protected grounds. The protected grounds are race, religion, nationality, political opinion or membership in a particular social group. Most applicants from Mexico or Central America cannot establish a connection to race, religion, nationality or political opinion. So that leaves only one choice – membership in a particular social group.
There are two different kinds of Cancellation of Removal Applications, and different standards apply. There is one for people who have received a green card, and there is another kind for people who entered the USA without documents. This article will address those who entered without documents, also known as 42B Cancellation.
If you came to the United States without documents but you are married to a U.S. citizen or permanent resident, you cannot file for a green card from within the United States. You will need to obtain the green card through consular processing after the Petition filed by your spouse is approved. If you have spent more than one year in the United States, you will also need to file for a waiver for your unlawful presence.
Not all naturalization cases are easy. The easy ones are those in which the applicant can easily establish five years of good moral character prior to filing. But some people have a less than perfect record. Once the entire record is obtained and reviewed by the attorney, the attorney can tell you whether to take a risk and apply, or whether to not apply at all.
The National Catholic Reporter found while visiting the border that certain Custom and Border Patrol (CBP) agents were outright skeptical if not downright hostile toward asylum claims. Many of the officers believe that asylum seekers are really economic migrants.
How we treat people coming to our borders when they are fleeing persecution in their home country says a lot about who we are as a nation. When people come to the border and ask for asylum they are supposed to be referred to an asylum officer for a credible fear interview. However, the Commission found that all too often the Border Patrol will write in the file that they are coming to work. This allows them to be expeditiously removed without a hearing in front of an immigration judge.
Expedited Removal is a procedure that allows the Department of Homeland Security (DHS) to remove a person coming to the United States without a hearing. Any person who comes to a U.S. port of entry without a visa may be removed in this way. DHS can also remove a person found on U.S. soil if they are undocumented and cannot prove they have been continuously present in the United States for two years.
In our previous article [BARS OR DISQUALIFYING FACTORS TO ASYLUM] we discussed on what grounds the government attorney may disqualify an asylum claim. In the end, we mentioned that asylum is discretionary. That means the Immigration Judge can decide not to grant asylum if the judge feels the applicant does not deserve it.