Immigration Q&A

 There's been a lot of talk about the legality of "migrants" in the United States, and I thought I would use my experience to share some facts and insights with you. I think I'll do this in a question and answer format.

1. Isn't everything your about to say in the process of changing?

--Yes. Immigration law is always in the process of changing. When the country began, we basically had open borders (whether the Native Americans wished it or not.) Later on, though, groups began to be excluded with quotas. Then there was the "LPC" clause-- likely to be a public charge-- which required new Americans to prove they would not be a drain on the economy. We were notorious for our relatively closed doors during the Holocaust, and then it opened up a bit until 9/11. Now, it is closing again.

2. What stays the same, then?

--Human rights should not vary from administration to administration. That's why our Declaration of Independence refers to certain rights as "unalienable."

--One such human right is the right to asylum. It is protected under international law (the Refugee Convention of 1951 and the Geneva Convention, for example, and the 1967 Protocol) and under US law (Refugee Act of 1980.)

3. The Geneva Convention? Convention of 1951? That's the UN...so isn't it unenforceable?

--It is true that the UN does not have an enforcing power. However, we are signatories to these conventions and have built national laws to support the right to asylum.

4. Can't anybody just say they are seeking asylum, then?

--It isn't that easy. If an asylum seeker shows up on US soil and asks for asylum, it is considered an affirmative application. If someone is already here and then applies for asylum, it is considered defensive and is a bit more difficult to procure.

5. Does everyone who requests asylum get granted asylum?

--Not at all. About 15% are accepted, about 15% are denied, and the rest end up either as closed cases or ones that have not yet been decided.

6. What makes a person eligible for asylum status?

--- Someone who has suffered (or has a legitimate fear of suffering) persecution based on race, nationality, membership in a group, religion, or even political opinion... But also, refugees must have not have committed a felony in the US, or two misdemeanors. Furthermore, refugee status is discretionary.

7. Discretionary? What does that mean?

-- A person might meet all the requirements for asylum but not be granted it. Certain judges or locations make it more likely, and of course access to lawyers helps too.

8. So what happens if you are denied asylum? Is it certain persecution and deportation to your home country?

--- A person can receive an official (legal) status called "withholding of removal", which allows them to stay and not be deported. If a refugee thinks they are in this category, they can have a "fear interview" in which they share their story and concerns.

9. What about the ones who haven't been decided?

--Here's a grey area, and here is where detention centers sometimes come into play. The courts are backed up, so it can take years before a hearing takes place. Many of these asylum seekers are released to the community -- legally-- pending their court date(s). Some end up in detention centers for that time period. It is a sticky topic in US society, now, especially because those in detention centers are much less likely to qualify for asylum status.

10. What is this "Temporary Protected Status" I've heard about?

--Certain countries are deemed so dangerous that immigrants from there are granted legal status for a time period (that can be extended...or as is currently happening, shortened.). This is not a path to citizenship, but visitors holding TPS can apply for traditional access to more permanent status while they are here.

11. What countries are that dangerous?

--Venezuela and El Salvador, for a start. Think places you read about in horror in the news: Haiti, Sudan, Nicaragua, Ukraine, Afghanistan, Myanmar etc.... But in the past two months, Venezuelans have lost their TPS and it is still going through the courts, whether they can stay or not.

12. Are there other kinds of emergency entry to the US that are legal?

-- Sure. If you were a victim of sex trafficking or genital mutilation (yuck), or forced into a marriage, there are different legal venues for immigration.

13. So are you saying that all legal immigrants are injured souls? That doesn't seem right.

--- No. People come here for jobs, for humanitarian efforts (NGOs), for family reunification, and also some come for temporary reasons, such as students or travelers. Some come for a better life. I work with kids who are seeking SIJ (Special Immigrant Juvenile) status based on abuse/neglect.

14. So what is this about illegal border crossings?

--Many people don't know the legalese of what to say about why they are coming here. They come here hoping for the best, and are caught at the border. But most people don't just leave their homeland because it seems like a good idea at the time...there's usually a strong reason for going, especially when someone is walking from Venezuela through Mexico to the US.

15. Why can't other countries take them?

-- Other countries can and do. In Central America, though, there are several dangerous countries. Asylum seekers don't want to go out of the frying pan into the fire. Just as a matter of interest, Turkey is currently the country hosting the most refugees.

16. Didn't Trump say that he was only going to go after illegal migrants?

---He said a lot of things. He also said he wasn't following Project 2025.

17. Aren't a lot of the migrants actually dangerous, part of gangs and whatnot?

--A lot of people are dangerous, whether they come from here or not. Yes, there are gang members in the immigrant community. But most are lawful visitors, just aiming to make a life for themselves and their family, hoping for the best. In fact, the rate of crime for immigrants is much lower than the genuine population.

18. So, basically, these are people, and they have rights just like you and me?

--That's how it's supposed to be.