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Jason Dzubow on Political Asylum

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  1. In a Time of Hate, My Refugee Clients Give Me Hope

    As an ordinary citizen, it is not easy to decide the best way to confront a Nazi march. Show up to peacefully protest? That might give additional attention to the other side. Protest violently? Not only could that elevate the Nazis, it might also de-legitimize the resistance to the Nazis (even those who peacefully resist). Ignore them? That might be viewed as condoning their views. Reasonable people can differ about what to do, at least as far as the peaceful responses are concerned.


    As a great American philosopher once said, "I hate Nazis."

    But when you are a public figure, especially an elected official, the decision about how to respond is clear: First, ensure safety and free speech. Second, denounce the evils of Nazism and make it plain that Nazis, Klan members, and anyone who might march side-by-side with such people are un-American, illegitimate, and unworthy of a seat at the table of public discourse.

    Fortunately, the vast majority of our country's elected leaders knew what to say in response to the Nazi march last weekend. But unfortunately, there was one important exception--our President, Donald J. Trump. To me, Mr. Trump's contemptible silence, followed by a reluctant "denunciation" of the Nazis, followed by a denunciation of the "denunciation" is an utter disgrace. It is a green light to Nazis. It is yet another attack on common decency and on our shared national values. It is complicity with Nazism. By the President of the United States. (As an aside, one of my lawyer-friends at the Justice Department told me--perhaps half jokingly--that she wanted to post a sign in her office that reads, "Nazis are bad," but she feared it might get her into trouble--that is where we are under Mr. Trump.)

    Frankly, I am not particularly worried about the Nazis themselves. They certainly can do damage--they murdered a young woman and injured many others. But they do not have the power or support to threaten our democracy. This does not mean we should take them for granted (few would have predicted Hitler's rise when he was sitting in prison after the Beerhall Putsch), but we should not be unduly fearful either.

    On the other hand, I am very worried about our President's behavior. His governing philosophy (perhaps we can call it, "trickle down histrionics") is poisoning our public debate, and it weakens us domestically and internationally. Thus far, his incompetence has served as a bulwark against his malevolence, but that can only go on for so long (see, e.g., North Korea). So there is much to be concerned about.

    Here, though, I want to talk about hope. Specifically, the hope that I feel from my clients: Asylum seekers, "illegals," and other immigrants. There are several reasons my clients give me hope.

    One reason is that they still believe in the American Dream. Despite all of the nastiness, mendacity, and bigotry coming from the White House, people still want to come to America. They are voting with their feet. Some endure seemingly endless waits, often times separated from their loved ones, in order to obtain legal status here. Others risk their lives to get here. They don't do this because (as Mr. Trump suggests) they want to harm us. They do it because they want to join us. They want to be part of America. My clients and others like them represent the American ideal far better than those, like our embattled President and his racist friends, who disparage them. When I see my country through my clients' eyes, it gives me hope.

    My clients' stories also give me hope. Most of my clients are asylum seekers. They have escaped repressive regimes or failing states. Where they come from, the government doesn't just tweet nasty comments about its opponents, it tortures and murders them. The terrorist groups operating in my clients' countries regularly harm and kill noncombatants, women, children, and even babies. My clients have stood against this depravity, and many of them continue to fight for democracy, justice, and human rights from our shores. My clients' perseverance in the face of evil gives me hope.

    Finally, I have hope because I see the courage of my clients, who refuse to be cowed by the hateful rhetoric of our Commander-in-Chief. Since the early days of his campaign, Mr. Trump has demonized foreigners and refugees, and after he was sworn in as President, these individuals were the first to come into his cross hairs. If he can defeat people like my clients, he can move on to new targets. But many refugees and asylum seekers have been subject to far worse treatment than Mr. Trump's bluster, and they are ready to stand firm against his bullying. Their fortitude encourages others to stand with them. And stand with them we will. The fact that vulnerable, traumatized people are on the front lines of this fight, and that they will not surrender, gives me hope.

    I have written before about the tangible benefits of our humanitarian immigration system. It demonstrates to the world that our principals--democracy, human rights, freedom, justice--are not empty platitudes. It shows that we support people who work with us and who advance the values we hold dear. When such people know that we have their backs, they will be more willing to work with us going forward. And of course, that system helps bring people to the United States whose talents and energy benefit our entire nation. Add to this list one more benefit that asylees and refugees bring to our nation in this dark time--hope.

    Originally posted on the Asylumist: www.Asylumist.com.
  2. New Study Shows that Refugees May or May Not Be Good for the Economy

    Studies about immigrants and refugees tend to be a sort-of Rorschach test: For those who support higher levels of migration, they show that immigrants contribute positively to our society; for those who want to restrict immigration, the same studies demonstrate that new arrivals have a negative impact on our country.
    Cost of resettling a refugee: $107,000. Taxes paid by said refugee: $130,00. Saving a human life: Priceless.
    I'm no expert, but it seems to me that part of the problem is a lack of data. Where there is a dearth of information, we tend to fill-in the blank spaces with our own hopes and fears. Think of those medieval maps that showed fanciful creatures and fabulous kingdoms just past the borders of the known world.


    The most recent attempt to quantify the economic impact of refugees comes from two professors at the University of Notre Dame: William N. Evans and Daniel Fitzgerald. Their paper, The Economic and Social Outcomes of Refugees in the United States, uses data from the U.S. Census Bureau's most recent five-year American Community Survey (2010-2014) to tease out the impact of refugees--as distinct from other immigrants--on the U.S. economy. The website Five Thirty Eight nicely summarizes the report's findings:

    [R]esearchers pulled a sample of 18-to-45-year-olds who resettled in the U.S. over the past 25 years and examined how their employment and earnings changed over time. They found that the U.S. spends roughly $15,000 in relocation costs and $92,000 in social programs over a refugee’s first 20 years in the country. However, they estimated that over the same time period, refugees pay nearly $130,000 in taxes — over $20,000 more than they receive in benefits.

    The authors found that, when compared to rates among U.S.-born residents, unemployment was higher and earnings were lower among adult refugees during their first few years in the country, but these outcomes changed substantially over time. After six years in the U.S., refugees were more likely to be employed than U.S.-born residents around the same age. The longer they live longer in the U.S., the more refugees’ economic outcomes improved and the less they relied on government assistance. While refugees’ average wages are never as high as the average for U.S.-born residents, after about eight years in the U.S., refugees aren’t significantly more likely to receive welfare or food stamps than native-born residents with similar education and language skills.

    Responses to the report were predictable. The restrictionist Center for Immigration Studies questioned the study's methodology (Steven Camarota notes that the authors did not include costs associated with education, incarceration, and law enforcement and looked only at more productive, working-age refugees). The Migration Policy Institute viewed the report as evidence that resettlement agencies help refugees become self-sufficient more quickly. Both points seem worthy of further exploration, and I hope this report will help spark more discussion.


    For my part, I have mixed feelings about the study. On the one hand, the whole idea of quantifying the economic impact of refugees seems like a vulgar exercise. We shouldn't be helping such people because we hope to gain a monetary benefit from them. We should help them because it is the right thing to do. Indeed, the notion that refugees should somehow be a financial boon to our economy debases the high ideals of our humanitarian immigration system.


    On the other hand (and in the real world), I recognize that it is critical for us to understand the impact of refugees on our country--economically, socially, and in the national security context. The report by Professors Evans and Fitzgerald seems to be a valuable contribution to this effort. Only with more information about refugees can we create rational, fact-based policies. How many refugees and asylum seekers should we admit each year? How well do such people integrate into our community? How can we ease the transition so that migrants become self sufficient more quickly? The more information we have, the better equipped we will be to answer such questions.


    To be sure, the economic aspect of refugee resettlement is only one part of the story. But it is important to better understand how refugees are integrating into our economy so we can help improve that process. It is also relevant (at least to some extent) to the debate about how many refugees we should be admitting into our country.


    These days I am not feeling overly optimistic about the quality of our public conversation on refugees (or on any other topic). It is far more common to hear hyperbole, falsehoods, and ad hominem attacks in the immigration debate than it is to find sober analysis. But at least in the economic realm, I think this report is significant. It contributes to a mounting body of evidence suggesting that immigrants and refugees help our economy more than most restrictionists would have us believe. It is also a serious piece of analytic work at a time when seriousness is sorely lacking from the discussion.

    Originally posted on the Asylumist: www.Asylumist.com.
    Tags: cis, economy, refugee Add / Edit Tags
  3. Updates on the Executive Orders: The Umpire Strikes Back

    President Trump's Executive Orders ("EOs") on immigration triggered a series of lawsuits that are still playing out in federal courts across the nation. The lawsuits have resulted in orders barring certain portions of the EOs, at least for the time being.
    Judge James Robart: Referees helping Refugees.
    For those not familiar with the U.S. system, we have three (supposedly) co-equal branches of government: The executive (the President), the legislative (Congress), and the judicial (federal courts). The judicial generally acts as an umpire or referee, making sure that the other branches play by the rules, or in this case, the Constitution and laws of the United States. What has been happening with the EOs is that the President is asserting his authority over immigration (and the President does have broad authority over immigration), but he is constrained by the U.S. Constitution and the existing immigration law. The lawsuits argue that the President has overstepped his authority, and so far, most courts have agreed to issue preliminary orders blocking the EOs, at least until the courts can more fully analyze whether the orders comply with the law.

    Probably the broadest decision thus far issued was by a U.S. District Judge in Seattle, James Robart. The lawsuit was brought by Washington State and the state of Minnesota in their role as "parens patriae of the residents living in their borders." The decision temporary stays several key portions of the EO related to terrorism based on the Judge's conclusion that the states' lawsuit was likely to succeed on the merits and that the states face "immediate and irreparable injury" as a result of the EOs. Specifically, the Judge found that the EO "adversely affects the States' residents in the areas of employment, education, business, family relations, and freedom to travel." In addition, the Judge found that, "the States themselves are harmed by virtue of the damage that implementation of the Executive Order has inflicted upon the operations and missions of their public universities and other institutions of higher learning, as well as injuries to the States' operations, tax bases, and public funds." Thus, the Judge issued a temporary restraining order against the EO. The order blocks portions of the EO nationwide, and will remain in effect until the Court can reach a decision on the merits of the lawsuit (or until it is overturned by a higher court).


    The President, through the Department of Justice, filed an appeal, but the U.S. Court of Appeals for the Ninth Circuit has thus far refused to overturn the District Judge's order. So what does all this mean?


    First, according to its website, USCIS "continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, 'Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.'" This means that even if you are from one of the "banned" countries--Iraq, Iran, Syria, Sudan, Somalia, Libya or Yemen--your case will be processed as before the EO. So USCIS should continue to issue decisions for nationals of such countries, at least for the time being.


    Second, the State Department will resume issuing visas for people from the listed countries, including refugees. U.S. visas for nationals of these countries that were "provisionally revoked" are now "valid for travel to the United States, if the holder is otherwise eligible." Meaning that if you are from a banned country and you have a valid U.S. visa, you should be able to enter the United States. Again, the Judge's order is temporary, and it may be overturned, so if you have a visa and wish to come to the United States, you should do so immediately, since we do not know for how long the Judge's temporary restraining order will remain in place.


    Third, DHS/Customs and Border Protection is also following the Judge's order, even if it is doing so reluctantly. From the CBP website:

    In accordance with the judge's ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States." This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order. DHS personnel will resume inspection of travelers in accordance with standard policy and procedure. At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President's Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.

    So all people with valid visas and who are otherwise eligible to enter--including nationals of the banned countries--should be able to board planes, travel to the United States, and enter the country. In short, the Judge's order restores the situation for such travelers to how it was prior to the EOs.


    Finally, I wrote in an update to last week's post that additional countries may be added to the banned list. As long as the Judge's order is in place, I doubt that will happen, and--more importantly--the State Department informed the American Immigration Lawyer's Association that there was no "addendum, annex or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in [the] Executive Order." Hopefully, this means that we will not see additional countries added to the "banned" list.


    The legal fight over the EOs is a rapidly moving target, so before you make any travel plans, please check the news or check with a lawyer to make sure there are no additional changes affecting you. I will also try to keep posting updates here.

    Originally posted on the Asylumist: www.Asylumist.com.
  4. The Refugee Ball Post-Game Report: Why It Matters

    The Refugee Ball took place on Tuesday, January 17, 2017. It was wonderful to see hundreds of people from all different backgrounds and countries come together to celebrate America's humanitarian immigration system.
    Economist, talk show host, women's rights advocate, and amazing singer, Amal Nourelhuda (originally from Sudan), performs at the Refugee Ball.

    There were musicians from Ethiopia, Sudan, Uganda, the Democratic Republic of Congo, and Tibet. There was a Persian rapper. Our emcee was a journalist/asylum seeker from Ethiopia. We had Lebanese, Tibetan, and Ethiopian food, and Syrian cookies. There was artwork by a young Honduran asylum seeker and an Iranian refugee. Speakers included the former Chairman of the Board of Immigration Appeals (who now has his own blog), an asylee from Azerbaijan, and the president and CEO of HIAS, a non-profit organization that assists refugees. We also had a special guest appearance by Congressman Jamie Raskin. All-in-all, not a bad way to spend an evening.


    One message of the Refugee Ball is that asylum seekers and refugees contribute in valuable ways to our society. They bring their skills and talents to America, and we are stronger because of their presence here. Also, by offering asylum to those who work with us and those who share our values, we demonstrate to our allies that we are on their side; that we have got their back. This makes it more likely that people around the world will cooperate with us and work to advance the values that our nation aspires to: Democracy, freedom of speech, women's rights, LGBT rights, freedom of religion, equality, peace. When we have the cooperation of our allies, our country is safer and more secure, and our asylum system helps engender that cooperation.


    And of course, granting protection to those in need of assistance is the right thing to do. I know that if my family members had to flee the United States, I would want more than anything for them to receive a friendly reception in their country of refuge. Do unto others as you would have them do unto you.


    Another message of the Ball is that advocates for asylum seekers and refugees remain committed to assisting people who have come to our country for protection. And although the incoming Administration may create a more difficult environment for our clients, our commitment to those seeking our country's protection will not wane.


    For me, though, the most important message of the Ball was that of the courage and perseverance displayed by the refugees and asylum seekers who I saw there. Many of the people who participated in the event were themselves victims of terrible torture and persecution. But there they were at the Ball--singing and dancing, giving speeches, making art and food for us to enjoy. Each of them provides an example of how the human spirit can survive extreme adversity and go on to create beauty, and of how life can triumph over death. I can't help but be inspired by their examples.


    So while we really do not know what to expect in the days and months ahead, we can draw strength from each other, and from the examples set by the refugees and asylum seekers themselves, who have endured great hardships, but who still have hope that America will live up to the high ideals that we have set for ourselves.


    To those who participated in, supported, and attended the Refugee Ball, Thank you. Thank you for contributing your time, talent, energy, and money to supporting the cause of refugees and asylum seekers. Thank you for inspiring me, and for reminding me of why I work as an asylum attorney. I feel optimistic knowing that we are united in our goal of welcoming the stranger, and that we are all in this together to support each other.

    Originally posted on the Asylumist: www.Asylumist.com.
  5. An Alternative Inaugural Ball for Refugees, Asylum Seekers, and Their Supporters

    The inauguration of a new president is almost upon us. It's traditional to celebrate the democratic transition of power with lavish parties. They take place all over Washington, DC. Some are formal affairs attended by the President and other VIPs; others are much simpler and unpretentious.

    This year, I know that many refugees, asylum seekers, and their advocates are nervous about the new Administration and what it might mean for them and their families. During the campaign, there was a lot of negative talk about immigrants and refugees. It's not surprising then, that many of us are not feeling in a celebratory mood.


    But it seems to me that we need to come together to remind ourselves of why accepting refugees, asylum seekers, and immigrants into our society is so important. We--advocates, clients, family members--draw strength from one another. For that reason, a group of us has organized a "Refugee Ball" for refugees, asylum seekers, their families, advocates, and supporters.


    The purpose of the Ball is not to celebrate the new President; nor is it to denigrate him. Rather, we want to support each other and help demonstrate the value of refugees, asylees, and immigrants to the wider community. We also want to celebrate the core humanitarian values that underpin our refugee and asylum programs--values like compassion, generosity, friendship, diversity, inclusiveness, and due process of law.


    With that in mind, it is my pleasure to invite you to attend the Refugee Ball, which will take place on Tuesday, January 17, 2017 at the Sixth and I Historic Synagogue, located at 600 I Street, NW, Washington, DC 20001.


    Refugee, asylee, and immigrant vendors will provide food, music, and art. Also, immigration lawyers--including me--will be on hand to provide free consultations and “Know Your Rights” presentations. Events will start at 5:00 PM with the legal consults. Other activities will begin at 6:00 PM.


    The Ball is free and open to the public, but please let us know if you plan to attend by responding on our Facebook page (click here for the link). We will update the Facebook page with more information as we get closer to the date.

    Also, if you would like to support the Ball financially, please consider making a contribution (click here for the link), and spreading the word about this event. All proceeds will go towards the cost of the Ball, and any leftovers will be donated to local and international non-profits that support refugees.

    Thank you, and I hope to see you there.

    Originally posted on the Asylumist: www.Asylumist.com.
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