New Rule on Asylum at Southern Border Violates Letter and Spirit of Asylum Law

The law as passed by Congress is very clear as to who may seek asylum in the United States.  Immigration & Nationality Act Section 208 states: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable section 235(b).

The Multi-Front War on Immigration

The Multi-Front War on Immigration Last month, after I posted about the Attorney General (AG)’s decision in Matter of A-B-, I went home, stood on the roof of my building, and just yelled for a while. It felt good to vocalize some of the horror that this administration makes me feel. Of course, yelling isn’t a solution. If it was, we’d long since be out of this mess. Instead, we have seen the administration make even bolder attempts to limit legal immigration over the last month (leading to, you guessed it, more yelling).

Sessions Guts Asylum Protections

Sessions Guts Asylum Protections It’s another rough day to be an immigration attorney in America. Yesterday, a decision was issued that seriously undermines the ability of immigrants to seek asylum in this country. The administration is continuing its war against immigrants, building its invisible wall to complement the one they want to put on the border and finding new ways to keep immigrants from coming here or from obtaining protections. A crazy thing about our immigration system it is that the Immigration Courts are entirely under the control of the Department of Justice (DOJ).

Clients of the Month, May 2018: Marcelle de Lima and Luciano da Silva

Clients of the Month, May 2018: Marcelle de Lima and Luciano da Silva   Our May 2018 clients of the month are Marcelle de Lima and Luciano da Silva. Marcelle and Luciano are from Brazil and they came to the United States after the Brazilian economy started to decline in 2001 and they lost their jobs. When they came to the U.S., neither could speak English and they had to start their lives over from scratch. They were resourceful and determined to build a stable and happy life for themselves and their future children.

What is the Caravan and what should U.S. immigration authorities do with it?

What is the Caravan and what should U.S. immigration authorities do with it? We have heard a lot about the “Caravan” of immigrants making its way north through Mexico from the Northern Triangle- El Salvador, Honduras and Guatemala- of Central America.  Once numbering over 1200 people, the remaining 150-200 members Caravan arrived at the U.S. border to request refuge in the United States.   When they got there, they were told that the U.S. was full.  There was not even a manger to house them.

DACA is Back, Almost!

DACA is Back, Almost! DACA lives!  Maybe?  Yesterday, U.S. District Judge John Bates ruled that the Department of Justice’s termination of the DACA program rested on a lack of legal reasoning and was unlawful.  Judge Bates was the third federal judge to rule that the administration’s termination of DACA was unlawful.  However, Judge Bates went even further than the other courts and Judge ordered not only that the DACA program must stay in place, but that the government must accept NEW applications.