Tag Archives: asylum

National Day of Action

Posted on by

National Day of Action: Immigration Advocates Head to DC

Resources for Immigrants

Friday April 7 is the National Day of Action for immigration. Immigration lawyers, activists, advocates, and immigrants descend upon Washington DC and Capitol Hill to vocalize their concerns with the immigration system. Last year’s Day of Action occurred on May 19, which was the day that President Obama’s Executive Actions – DAPA and new DACA – were supposed to begin. They have not yet taken effect. A federal judge in Texas struck them down for abrogating the Administrative Procedures Act and the Court of Appeals for the Fifth Circuit upheld that decision. The Supreme Court is expected to make its decision in June of this year.

The National Day of Action is not limited to one piece of the immigration system. Advocates will be championing other aspects of immigration reform, such as changing the H-1B cap, increasing entrepreneurial opportunities, and giving migrants fleeing persecution access to counsel and a chance to have their cases heard.

The main motivation of the National Day of Action is to exhort members of Congress to understand facts about immigration, how it benefits the United States, and demonstrate that immigration reform is desired by the country at large. A booklet distributed by the American Immigration Lawyers Association highlights important facts about immigration in the United States.

Immigrants have created businesses and generated business income in their states. California, Texas, Florida, and Ohio are four states in which a combined 1.3 million immigrants started businesses and generated over 58 million dollars in business income. Immigrant-owned small businesses employ 4.7 million people. Legalization of undocumented immigrants would have a significant impact on the tax revenue, to which undocumented migrants contribute to (state and local taxes) already.

The National Day of Action urges reform in all aspects of immigration: humanitarian, family, and business. Immigration reform has been oft-discussed but not enacted. AILA is touting the election year as an impetus to change.

Berks County Prison

Posted on by

License Refused: PA Refuses License to Berks County Prison

Pennsylvania has refused to grant the Berks County Prison the license that it needs to continue holding asylum-seeking mothers and children. Berks County has become notorious for detaining those seekers longer than they should be. There have also been clamors from advocacy groups that the prison has been mistreating them. Lawsuits have alleged and judges have found that the treatment of asylum-seekers violates a settlement agreement that controls how the prison should be run.

The State Department of Human Services did not grant the license because the federal immigration facility does not comport with licensing as a child residential center. Berks had actually been applying to double its population.

Refugees Go to Tim Horton’s

Posted on by

Welcome to Canada: Refugees Go to Tim Horton’s

The issue of Syrian refugees has caused legislators and voters in the United States to push the boundaries of immigration law in preventing their resettlement. States have written legislation in selective prevention of resettlement, and they have sued the federal government over the issue.

In Canada, this was the scene for Syrian refugees at a Tim Horton’s, Canada’s iconic doughnut and coffee shop.

Click here for CBC video.

Asylum Interviews Wait Time

Posted on by

The Backlog Continues: Long Wait Times for Asylum Interviews

Affirmative asylum is an important part of the US immigration system, in which people fleeing persecution in their home country can seek protection in the United States. Asylum is an ancient concept, in which persecuted peoples sought sanctuary in religious places. The number of granted asylum cases is limited and the number of applicants is high. The asylum offices are swamped with the number of cases that they are adjudicating. That is apparent through the release of the most recent backlogs. Here are the current wait times.

The Asylum Division held a meeting for stakeholders today. The blog will share information from the meeting once the minutes are released.

Asylum can also be obtained from an Immigration Judge in immigration court.

Employment Authorization Lawsuit

Posted on by

Class Action for Late Employment Authorizations

The Northwest Immigrants Rights Project and The Advocates for Human Rights, using 3 immigrants as plaintiffs, have filed a class action lawsuit against USCIS. The lawsuit was filed in May 2015 and the organizations filing the lawsuit are seeking immigrants they can include in the lawsuit. The claim in the class action suit is that USCIS is taking longer than 90 days to adjudicate Employment Authorization Cards. Federal regulations dictate that USCIS must decide whether an applicant receives a card within 90 days of receiving the application.  The lawsuit charges USCIS with not adhering to the mandatory 90 days.

Employment Authorization Cards are important for many reasons, chief of which is granting someone the legal authority to work. A person can apply for the card for a variety of reasons. Someone applying for an adjustment of status may want the card while the application is pending. An asylum applicant waiting 2.5 years for the interview can obtain the document and work. A VAWA applicant, qualified H-4 dependent, E-2 dependent, DACA recipient, and host of other categories of foreign nationals in the United States can benefit from the Employment Authorization Card. Not having possession of a valid card can have dire consequences for applicants, who need the card for legal work authorization.

The American Immigration Council has a call out for immigrants who believe they have been affected by late adjudications.

With this in mind, it is crucial to file for your employment authorization card as timely as possible. Most applications require a $380 filing fee, so it is important to file on time, meet the requirements, and plan financially.