DHS issued a Final Rule on Monday modifying the regulation governing the time frames by…
Courts / Judicial
Searching for Hope Among the Ruins of Our Asylum System
If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone. You are not alone in your dread of the next,
If you feel our asylum laws have been gutted, that our nation’s protections for those fleeing persecution and violence have been systematically dismantled, and that the administration is using the façade of health concerns during a pandemic to make it worse, you are not alone.
You are not alone in your dread of the next case certified to the Attorney General, the next BIA published decision, the next proposed rule, the next executive order, the next policy change…and the ensuing scramble to understand how it impacts your clients who have been waiting in the backlog for months or years. You are not alone in feeling like you just can’t keep up with it all.
You are not alone in the justified outrage at how children and families have been treated by the administration. You are not alone in feeling ashamed by the way this country now treats those seeking protection at our borders.
You are not alone in feeling like every immigration court hearing is like pushing back against an ocean of injustice; there is no due process, no fundamental fairness for asylum seekers anymore.
You are not alone in sometimes, perhaps even often, feeling hopeless.
But, you are not alone. There are thousands of others working on these issues, fighting for what’s right. We are a regiment of seasoned asylum practitioners who know the ins and outs of this complex area of law and how to practice it effectively. We are the newcomers to asylum law who may feel uncertain but who know deep in our souls that fighting these battles is what we are called to do. We are the lawyers who take on pro bono asylum cases even when that requires preparing witnesses for their testimony while simultaneously entertaining our toddlers because our offices are now our dining room tables.
We are in this together, and that is what makes me feel inspired and determined, rather than hopeless.
Serving as chair of the upcoming AILA Virtual Asylum Conference and planning the program is one way that I’ve been reminded that we’re not alone, that we are part of a community of talented, passionate attorneys still fighting to keep asylum alive. Join me as we lay out the sweeping policy changes to the U.S. asylum system and the ever higher hurdles for asylum seekers and their advocates that the administration has implemented. Join me as we work through where litigation and advocacy efforts to combat the administration’s changes stand. Join me in fighting for asylum seekers in this country (and supporting each other in those efforts!). I promise you that you will leave this virtual conference with a solid understanding of where things stand and what that means for your clients, as well as expert guidance on new strategies to employ at the border and in the immigration courts as we continue to fight for asylum seekers and the soul of our nation.
I know this is a tough fight to keep up. I know you feel tired. But we can lift each other up, help each other succeed, and save our clients’ lives.
Source: Searching for Hope Among the Ruins of Our Asylum System
Photo by Adam Smotkin on Unsplash
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BREAKING
Supreme Court won’t reinstate Biden policy limiting immigration arrests
According to this article on Washington Post, by Robert Barnes and Maria Sacchetti
“The Supreme Court on Thursday refused to reinstate the Biden administration’s policy limiting immigration arrests, after a Texas district judge said the guidance to deportation officers violated federal laws.
The court instead said it will hear the merits of the case in December. The practical result is that the administration will not be able to implement its strategy for the rest of the year. The Biden administration had protested that it was unfair to allow a single district judge to disrupt the executive branch’s immigration priorities on a nationwide basis.
The vote was 5 to 4. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson indicated they would have granted the administration’s request to put the lower court ruling on hold and allow the administration to go forward with its policy while deciding the merits of the case.”
BREAKING
U.S. Supreme Court says Biden has authority to end anti-immigration policy
According to this article on NM Political Report, by Susan Dunlap
“The U.S. Supreme Court ruled on Thursday that President Joe Biden has the authority to end the Trump-era immigration policy forbidding asylum seekers from entering the U.S.
On its final day of the 2020-2021 term, the Supreme Court agreed with Biden in Biden v. Texas that he has the authority to end former President Donald Trump’s “Remain in Mexico” policy, also known as the Migration Protection Protocols. The policy has prevented asylum seekers from entering the U.S.
Biden is still fighting, separately, the ability to end Title 42, which put controls on asylum seekers due to the COVID-19 pandemic. Trump issued that policy in the spring of 2020, saying at the time that he was protecting human health. The Biden administration has tried to lift Title 42 this year but a Louisiana federal court blocked the move in May.”
BREAKING
US charges political rival in Haitian president’s killing
According to this article on Associated Press, by Associated Press
“MIAMI (AP) — A former Haitian senator is facing charges in the United States related to last year’s assassination of former Haiti President Jovenel Moïse, authorities said.
John Joel Joseph made his initial appearance Monday in Miami federal court, according to court records. The Haitian citizen was extradited from Jamaica to the U.S. on Friday to face charges of conspiring to commit murder or kidnapping outside the United States and providing material support resulting in death, knowing or intending that such material support would be used to prepare for or carry out the conspiracy to kill or kidnap. He faces a possible life sentence.
According to a criminal complaint, Joseph and others, including about 20 Colombian citizens and several dual Haitian-American citizens, participated in a plot to kidnap or kill Haiti’s president, who was ultimately slain at his home in Haiti on July 7.
Joseph was arrested in Jamaica in January along with his wife and two sons.”
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