#U.S. asylum procedures

[minnesotafollower]

Skilled Immigrants Are Entering U.S. Illegally 

In recent years the U.S. numbers of undocumented migrants from India and China have increased dramatically. For example, in 2023 there were more than 65,000 such immigrants, most of whom are skilled. [1] They thereby avoid  the difficulties of doing so legally by first obtaining a U.S. job offer and then applying for a U.S. work visa (H-1B), which is time consuming and full of uncertainty. This…

[hoosbandewan]

No matter who someone votes for does not make them a bad person. If someone votes differently than you and you find that as a reason to not support them then you are part of the problem. I'm thankfully open-minded and glad I can have Democrat and Republican friends and we can all still be friends even with different beliefs and opinions. I don't understand how anyone can have that mindset.... You want Peace and love but are the first ones to throw someone under the bus if they think differently than you do.

And using Ewan to push your thoughts is shameful

Having friends on both sides of the aisle is fine. Having a difference in opinions is fine. I think it can be incredibly damaging for people to get caught in an echo chamber and be surrounded only by people who share their same viewpoint. And the fact that we can all have our own thoughts and opinions is what makes a free country like the U.S. so wonderful.

I even know a good number of Republicans and conservative-leaning people who didn't and wouldn't vote for Trump. And, you see, that's the difference.

Voting for Trump.

You cannot, in good conscience, look me in the eye and tell me that casting a vote for Donald Trump makes you a good person. I could have forgiven a Trump vote in 2016, but not in 2020 and certainly not in 2024.

Trump attempted to overturn a democratic election and was indicted for it. And on that day, he voiced support for the Capitol rioters who wanted to hang his vice president for failing to reject the electoral votes that proved Biden's win.

Trump nominated Supreme Court justices to overturn Roe v. Wade, a move that has already killed women and will continue killing people. In Texas alone, the maternal death rate rose by 56% between 2019 and 2022, the year that Roe was overturned. Since the reversal, the infant mortality rate has risen by 7% nationally - and by 13% in Texas alone.

Trump is unapologetically and unabashedly racist, displaying repeated and disturbing rhetoric aimed at immigrants, Mexicans, black Americans, Haitians, Muslims, and more. In his first term, he instituted new procedural barriers to prevent immigrants from seeking asylum in America. He put migrant children in cages. He has unjustly called for the death penalty for numerous people of color - remember the Central Park 5?

Trump has threatened to deploy the military and law enforcement to target his political opponents and left-leaning Americans.

Trump rolled back almost 100 policies focused on clean air, water, wildlife, and toxic chemicals in an era when mitigating climate change is more important than ever. And he plans on gutting even more.

Trump is a convicted felon with 34 felony counts under his belt.

Trump has shown time and time again that his views and policies align with fascist ideals. He wants very, very badly to turn the U.S. democracy into an authoritarian regime.

And if this isn't enough, Trump has been endorsed by the KKK since his 2016 campaign. He's the golden child of white supremacists and white nationalists everywhere.

So, yeah. If this is your guy, I don't want fucking anything to do with you.

I am so sick and tired of Trump supporters crying about peace and love and civility and "oh, but where are the tolerant left?" when they turn right around and vote for Donald Trump.

You don’t get to hold abhorrent views and beliefs and then be friends with us. You don’t get to be friendly to our faces all while supporting a man who wants us dead or oppressed. You can't profess to love your fellow Americans if you are condemning them.

I don't want to hang out with racists and fascists. Because if you choose to support and vote for a racist, fascist, misogynistic, dangerous person, then that makes you one, too.

[political-us]

This past year, Republican lawmakers in Congress have introduced several bills that have sparked significant controversy, some being:

1. Protecting Women’s Private Spaces Act: Introduced by Representative Nancy Mace in November 2024, this bill aims to prohibit individuals from using single-sex facilities on federal property that do not correspond to their biological sex. The legislation has been criticized for targeting transgender individuals, particularly following the election of Sarah McBride, the first openly transgender person elected to Congress.

2. Stop the Sexualization of Children Act: Introduced by Representative Mike Johnson, this bill seeks to ban the use of federal funds for programs, events, or literature deemed “sexually oriented” for children under the age of 10. Critics argue that its broad definitions could lead to the suppression of LGBTQ+ content and infringe upon free speech rights. 

3. CBDC Anti-Surveillance State Act: Led by House Majority Whip Tom Emmer, this bill aims to block the Federal Reserve from issuing a central bank digital currency (CBDC) to individuals, citing concerns over financial privacy and government surveillance. The bill has faced opposition from those who believe it could hinder financial innovation and the modernization of the U.S. monetary system. 

4. National Defense Authorization Act (NDAA) Amendments: In June 2024, House Republicans passed a defense bill that included amendments addressing various social issues, such as restrictions on diversity training and limitations on medical treatments for transgender service members. These provisions have been contentious, with critics arguing they politicize defense policy and marginalize certain groups within the military. 

5. Safeguard American Voter Eligibility (SAVE) Act: Prioritized by House Republicans in the new session, this bill requires individuals registering to vote in federal elections to provide proof of citizenship. Supporters claim it ensures election integrity, but opponents argue it could disenfranchise eligible voters, particularly among marginalized communities. 

6. Anti-Immigration Legislation Package: Between March 18 & March 24, 2021, Republican lawmakers introduced 11 bills targeting various aspects of immigration, including asylum procedures and border security. Critics contend that these measures could undermine the rights of asylum seekers and immigrants.

[trump47actions]

Here are some of the orders Mr. Trump signed on his first day in office:

Federal Work Force

Freeze federal hiring, except for members of the military or “positions related to immigration enforcement, national security, or public safety.”

Restore a category of federal workers known as Schedule F, which would lack the same job protections enjoyed by career civil servants.

Halt new federal rules from going into effect before Trump administration appointees can review them.

Review the investigative actions of the Biden administration, “to correct past misconduct by the federal government related to the weaponization of law enforcement and the weaponization of the intelligence community.”

Grant top secret security clearances to White House staff without going through traditional vetting procedures.

End remote work policies and order federal workers back to the office full time.

Immigration and the Border

Bar asylum for people newly arriving at the southern border.

Move to end birthright citizenship, which is guaranteed by the 14th Amendment, for the children of undocumented immigrants. The president cannot change the Constitution on his own, so it is not yet clear how Mr. Trump plans to withhold the benefits of citizenship to a group of people born in the United States. Any move is all but certain to be challenged in court.

Suspend the Refugee Admissions Program “until such time as the further entry into the United States of refugees aligns with the interests of the United States.”

Declare migrant crossings along the U.S.-Mexico border to be a national emergency, allowing Mr. Trump to unilaterally unlock federal funding for border wall construction, without approval from Congress, for stricter enforcement efforts.

Resume a policy requiring people seeking asylum to wait in Mexico while an immigration judge considers their cases.

Consider designating cartels as “foreign terrorist organizations.”

Gender and Diversity, Equity and Inclusion Initiatives

Terminate D.E.I. programs across the federal government.

Recognize two sexes: male and female.

Remove protections for transgender people in federal prisons.

Tariffs and Trade

Direct federal agencies to begin an investigation into trade practices, including persistent trade deficits and unfair currency practices, as well as examine flows of migrants and drugs from Canada, China and Mexico to the United States.

Assess China’s compliance with a trade deal Mr. Trump signed in 2020, as well as the United States-Mexico-Canada Agreement, which Trump signed in 2020 to replace the North American Free Trade Agreement.

Order the government to assess the feasibility of creating an “External Revenue Service” to collect tariffs and duties.

Carry out a full review of the U.S. industrial and manufacturing base to assess whether further national security-related tariffs are warranted.

Energy and the Environment

Withdraw the United States from the Paris Agreement, the pact among almost all nations to fight climate change.

Declare a national energy emergency, a first in U.S. history, which could unlock new powers to suspend certain environmental rules or expedite permitting of certain mining projects.

Attempt to reverse Mr. Biden’s ban on offshore drilling for 625 million acres of federal waters.

Begin the repeal of Biden-era regulations on tailpipe pollution from cars and light trucks, which have encouraged automakers to manufacture more electric vehicles.

Roll back energy-efficiency regulations for dishwashers, shower heads and gas stoves.

Open the Alaska wilderness to more oil and gas drilling.

Restart reviews of new export terminals for liquefied natural gas, something the Biden administration had paused.

Halt the leasing of federal waters for offshore wind farms.

Eliminate environmental justice programs across the government, which are aimed at protecting poor communities from excess pollution.

Review all federal regulations that impose an “undue burden” on the development or use of a variety of energy sources, particularly coal, oil, natural gas, nuclear power, hydropower and biofuels.

TikTok ban

Consult federal agencies on any national security risks posed by the social media platform, then “pursue a resolution that protects national security while saving a platform used by 170 million Americans.” Mr. Trump ordered his attorney general not to enforce a law that banned the site for 75 days to give the Trump administration “an opportunity to determine the appropriate course forward.”

Other

Withdraw from the World Health Organization.

Rename Mount Denali and the Gulf of Mexico.

Ensure that states carrying out the death penalty have a “sufficient supply” of lethal injection drugs.

Fly the American flag at full-staff on Monday and on future Inauguration Days.

Implement the Department of Government Efficiency, the Elon Musk-led cost-cutting initiative.

Revoke security clearances for 51 signers of a letter suggesting that the contents of Hunter Biden’s laptop could be Russian disinformation.

[jadestormcloud2]

"The Trump administration wanted to deport Ward Sakeik. There was one problem: Where should she be sent?

The 22-year-old woman of Palestinian descent is “stateless” — having been born in a country that doesn’t claim her, having lived in a country that no longer wants her.

...

Sakeik was born in Saudi Arabia, which doesn’t grant automatic birthright citizenship to children of foreigners.

Her family then arrived in the United States with a visa and her father filed for asylum, her lawyer Waled Elsaban said. But the application — which included Sakeik due to her age — was denied in 2011, so she has had a deportation order since she was 9 years old. With no clear place to send the family, however, Elsaban said ICE has allowed them to remain in North Texas while they do regular check-ins with the agency in Dallas.

...

But while the couple was at the St. Thomas airport for their flight home on Feb. 11, Shaikh said a Customs and Border Protection officer stopped his wife after asking about her immigration status.

...

Sakeik has been held in ICE custody for more than 120 days — and counting.

...

Much of the problem lies with her father’s denied asylum claim, which Sakeik was lumped into as a young child more than a decade ago. For instance, attorneys said she cannot obtain a green card, despite being married to a U.S. citizen.

And because so much has changed for Sakeik since that initial asylum claim, her legal team is trying to reopen her immigration case separately.

Felix Galvez, an attorney who previously helped with Sakeik’s case, said he only encountered roadblocks. In prior administrations, he said, it was common to be able to make deals with DHS attorneys to jointly reopen such cases. Not this time.

“I was basically advised that, under the current administration, they are not allowed to agree to anything,” Galvez said.

Elsaban, Sakeik’s lawyer, asked the Board of Immigration Appeals to consider the case’s reopening in May. They are still waiting for a decision.

...

Earlier last week, Sakeik was transferred from El Valle to the Prairieland Detention Center in Alvarado, less than an hour’s drive from the couple’s Arlington home. But she wasn’t at the ICE facility for long before she said she was told that she would be sent to the Israeli border — despite not having her travel documents.

...

Sakeik and Elsaban also said they were told several different reasons why she was not deported then, including the ongoing Israel-Iran conflict.

...

The News also contacted the offices of U.S. Senators John Cornyn and Ted Cruz, as well as U.S. Rep. Roger Williams — all Republicans who represent the couple’s Arlington district — about the case. They didn’t provide comments following multiple requests.

As of Thursday, Sakeik was still at Prairieland."

[didierleclair]

FIGHT WITHOUT GETTING BURNT

FIGHT WITHOUT GETTING BURNT

The unfortunate events occurring in the United States against asylum seekers, migrants, and undocumented immigrants are disturbing. The American immigration police, nicknamed ICE, deploys as it sees fit. They appear at immigrant workplaces, in schools, on public construction sites, and even around churches.

Officially, ICE was created to control immigration, prevent terrorism, and combat the illegal movement of people and goods. This police agency was established in 2003. Following the attacks of September 11, 2001, a federal law enacted in 2002 allowed its creation.

The agency has more than 21,000 employees and 400 offices in the United States and abroad, including in U.S. embassies. Its annual budget is $9 billion. Deportation is priceless for the U.S. government.

Today, the organization has metastasized into an entity above the law. They detain many individuals without following due process. Some American citizens also fall into their net due to administrative laziness. ICE doesn't verify on-site whether you're a citizen. Once imprisoned, you have the burden of proof. This can take days, even weeks. Meanwhile, the American citizen is threatened with deportation to a prison in El Salvador, Latin America. These arrests are based on appearance, skin color, and denunciation.

Not all of America is ablaze yet, and I hope it won't be in the future. However, the situation is worrying. In Los Angeles, citizens are beginning to react to arbitrary arrests. ICE can separate a mother from her child in the street and disappear with the prisoner without further ado. The agents are hooded and, above all, armed to the teeth. We see them with tear gas grenades, handcuffs, bulletproof vests, and submachine guns. They have taken Spanish courses and are proficient with surveillance equipment, particularly wiretapping.

A California judge has just ordered President Donald Trump to stop deploying the National Guard to intervene in anti-ICE protests in Los Angeles. California Governor Gavin Newsom, a democrat, is locked in a legal standoff with Mr. Trump. He wants to regain control of this armed force, which only intervenes in the event of a major uprising. Mr. Newsom maintains that there is no rebellion. The protests are peaceful and disciplined. On the contrary, the California governor accuses the president of adding fuel to the fire in order to justify arbitrary arrests.

Phil Collins, the British singer, has a song called "Another Day in Paradise." With his inimitable voice, he tells the story of homeless and destitute people in a big city. This song bears the mark of irony. If America once enjoyed the title of "paradise," then today's America increasingly resembles the city Phil Collins is talking about. That is, a lost paradise.

Indeed, in his obsession with making massive cuts to the civil service, Mr. Trump has fired more than 70,000 employees from the Department of Veterans Affairs. It is one of the departments that employs the most civil servants in the United States. America is a lost paradise for many of these dismissed civil servants. An unemployed person in the United States does not have access to the universal health care system. It is difficult to seek treatment if one becomes seriously ill.

Another irony is that veterans were often Trump's biggest supporters. The American president also had many supporters within the Cuban and Venezuelan communities. Today, this is no longer certain. Social media quickly came up with a nickname for disappointed Donald Trump fans: "FAFO." The acronym contains an inappropriate word.

There is one community that remains relatively calm. These are African Americans. They are shocked to see ICE act with impunity. However, they remain calm because they know they live in a country that does not respect administrative and legal procedures. They have lists of names of Black people arbitrarily arrested, assaulted, and even suffocated under the knee of a police officer. Victims' families are still waiting for justice for their loved ones.

African Americans voted overwhelmingly for Kamala Harris, the Democratic candidate in the last presidential election. They knew that a Trump victory would be detrimental to them. But impunity no longer stops there. It has multiplied and targets those who thought they were living in paradise. The "American dream" has become a nightmare, even for Trump fans.

Black Americans could offer some advice to those who have just entered their world. The first piece of advice they should impart is the patience to fight without getting burned. Those who have experienced slavery, lynching, segregation, and who are familiar with job discrimination and police brutality know a thing or two about injustice. But are these new rebels ready to listen to the advice of the "wretched of the earth," as Frantz Fanon put it? Only time will tell.

Didier Leclair, writer

[rauthschild]

"Francis Fukuyama: we are entering a new, dangerous period of history." Fukuyama has changed his mind, the end of history is not imminent - instead, he has heaped on new prophecies that the West is in for a host of problems.

"Expect general destabilization. Trump's rule will give confidence to populist parties, especially in France and Germany. We are already seeing defections in Eastern Europe: Slovak Prime Minister Robert Fitzo is already in Putin's camp. I fear this phenomenon will intensify. There are geopolitical implications as well.

✔️ I am struck by what has happened recently. Trump has suddenly started calling for US expansionism. He has announced the takeover of Greenland, the Panama Canal and even Canada. Probably two-thirds of these can be considered fantasies that will never come true. But they still have a major impact on international relations.

✔️ One of the basic rules of the old system was that you can't just take away someone else's territory. That's why the attack on Ukraine in 2022 was such a shock. And now the US is saying "we want this or that territory and we can use military force" . This completely undermines the arguments we make against Putin. And Putin is taking advantage of that. He has suggested that Russia and the US should divide Greenland between them because no one cares about borders and sovereignty anymore.

✔️ Let's think about China. Their claim to Taiwan is certainly stronger than America's claim to Greenland. If the Chinese decide that the American president agrees that great powers militarily intimidate smaller countries, why not try to get Taiwan back? I think we are indeed entering a dangerous period.

✔️ The war in Ukraine is entering its fourth year. And it doesn't look good for the Ukrainians. Let's see what kind of deal Trump will make , and whether he will negotiate at all.

✔️ The US will surely be less reliable than before. Never before have we had a president who questioned the need for NATO. However, I think that in a practical sense Trump will have trouble implementing this idea. There is one thing he definitely doesn't want - a bad image. That's why Trump won't give up on Ukraine right away. He will approach big changes, such as cutting off aid to Ukraine, slowly. But that doesn't change the fact that he has already weakened NATO.

✔️ A common problem in the U.S. and Europe is that the rules provide for lengthy and expensive legal procedures to determine whether a person is eligible for asylum. In practice, such proceedings are impossible for large numbers of people. Migrants have realized that it is sufficient to request refugee status and thus trigger procedures that provide them with legal protection.

✔️ The idea that Europe can create a separate military entity without the US doesn't make sense. I don't think it's possible.

✔️ I think in 2016 Trump didn't believe he was going to win, and when he took office he didn't have people ready. He had to rely on the party. For the first 3 years he was very unhappy with his cabinet that was disloyal to him. It was only in the fourth year of his term that he started to allocate his people. This time, the most important criteria for nominations will be loyalty to Donald Trump. His candidates so far are already showing how radical he will be.

✔️ Musk is like an unguided missile that sows destruction wherever it appears. And at the same time, his character makes a pretty strong argument that democracies should not allow anyone to accumulate so much money. Billionaires used to be businessmen. Now this guy wants to rule the world. I don't know what he's going to do. Obviously, Musk is already breaking away from Trump himself and his hard-line supporters."

[starstruckbyacomet]

Trump’s Executive Orders: Reversing Biden’s Policies and Attacking the ‘Deep State’

The president moved swiftly in his first hours in office, signing a slew of executive orders in front of a roaring crowd and then in the Oval Office.

Source: The New York Times. This is the complete version of the summary provided by @e-the-village-cryptid.

The Capitol building in Washington on Monday. Credit: Chang W. Lee/The New York Times.

By Zolan Kanno-Youngs, Michael D. Shear, and Noah Weiland. Reporting from Washington.

Published Jan. 20, 2025. Updated Jan. 21, 2025.

Leer en español 阅读简体中文版 閱讀繁體中文版

Follow live updates on the start of the Trump administration.

President Trump on Monday issued a barrage of executive orders, kicking off his presidency with a muscular use of power intended to signal a sharp reversal from existing policies on issues including immigration, the environment and diversity initiatives.

The flurry of executive actions was an effort to roll back many of President Joseph R. Biden Jr.’s most significant domestic policies, primarily on climate and immigration, while also reimposing a Trump agenda that would launch drilling and mining on natural resources and fundamentally upend the United States’ global role as a sanctuary for refugees and immigrants.

In a speech on Monday evening, Mr. Trump said he was also revoking almost 80 “disruptive, radical executive actions of the previous administration.”

Among those revoked Biden orders were directives that the federal government rebuild the refugee program, and gradually end the Justice Department’s use of private prisons.

Some of Mr. Trump’s orders are almost certain to be challenged in court, and others will be largely symbolic. But taken together, they represent his intention to sharply turn away from the direction of the Biden administration, and to make good on his campaign promises to break what he and his aides cast as a “deep state” effort to thwart his agenda.

Here are some of the orders Mr. Trump signed on his first day in office:

Federal Work Force

Freeze federal hiring, except for members of the military or “positions related to immigration enforcement, national security, or public safety.”

Restore a category of federal workers known as Schedule F, which would lack the same job protections enjoyed by career civil servants.

Halt new federal rules from going into effect before Trump administration appointees can review them.

Review the investigative actions of the Biden administration, “to correct past misconduct by the federal government related to the weaponization of law enforcement and the weaponization of the intelligence community.”

Grant top secret security clearances to White House staff without going through traditional vetting procedures.

End remote work policies and order federal workers back to the office full time.

Immigration and the Border

Bar asylum for people newly arriving at the southern border.

Move to end birthright citizenship, which is guaranteed by the 14th Amendment, for the children of undocumented immigrants. The president cannot change the Constitution on his own, so it is not yet clear how Mr. Trump plans to withhold the benefits of citizenship to a group of people born in the United States. Any move is all but certain to be challenged in court.

Suspend the Refugee Admissions Program “until such time as the further entry into the United States of refugees aligns with the interests of the United States.”

Declare migrant crossings along the U.S.-Mexico border to be a national emergency, allowing Mr. Trump to unilaterally unlock federal funding for border wall construction, without approval from Congress, for stricter enforcement efforts.

Resume a policy requiring people seeking asylum to wait in Mexico while an immigration judge considers their cases.

Consider designating cartels as “foreign terrorist organizations.”

Gender and Diversity, Equity and Inclusion Initiatives

Terminate D.E.I. programs across the federal government.

Recognize two sexes: male and female.

Remove protections for transgender people in federal prisons.

Tariffs and Trade

Direct federal agencies to begin an investigation into trade practices, including persistent trade deficits and unfair currency practices, as well as examine flows of migrants and drugs from Canada, China and Mexico to the United States.

Assess China’s compliance with a trade deal Mr. Trump signed in 2020, as well as the United States-Mexico-Canada Agreement, which Trump signed in 2020 to replace the North American Free Trade Agreement.

Order the government to assess the feasibility of creating an “External Revenue Service” to collect tariffs and duties.

Carry out a full review of the U.S. industrial and manufacturing base to assess whether further national security-related tariffs are warranted.

Energy and the Environment

Withdraw the United States from the Paris Agreement, the pact among almost all nations to fight climate change.

Declare a national energy emergency, a first in U.S. history, which could unlock new powers to suspend certain environmental rules or expedite permitting of certain mining projects.

Attempt to reverse Mr. Biden’s ban on offshore drilling for 625 million acres of federal waters.

Begin the repeal of Biden-era regulations on tailpipe pollution from cars and light trucks, which have encouraged automakers to manufacture more electric vehicles.

Roll back energy-efficiency regulations for dishwashers, shower heads and gas stoves.

Open the Alaska wilderness to more oil and gas drilling.

Restart reviews of new export terminals for liquefied natural gas, something the Biden administration had paused.

Halt the leasing of federal waters for offshore wind farms.

Eliminate environmental justice programs across the government, which are aimed at protecting poor communities from excess pollution.

Review all federal regulations that impose an “undue burden” on the development or use of a variety of energy sources, particularly coal, oil, natural gas, nuclear power, hydropower and biofuels.

TikTok ban

Consult federal agencies on any national security risks posed by the social media platform, then “pursue a resolution that protects national security while saving a platform used by 170 million Americans.” Mr. Trump ordered his attorney general not to enforce a law that banned the site for 75 days to give the Trump administration “an opportunity to determine the appropriate course forward.”

Other

Withdraw from the World Health Organization.

Rename Mount Denali and the Gulf of Mexico.

Ensure that states carrying out the death penalty have a “sufficient supply” of lethal injection drugs.

Fly the American flag at full-staff on Monday and on future Inauguration Days.

Implement the Department of Government Efficiency, the Elon Musk-led cost-cutting initiative.

Revoke security clearances for 51 signers of a letter suggesting that the contents of Hunter Biden’s laptop could be Russian disinformation.

Reporting was contributed by Erica L. Green, Zach Montague, Ana Swanson, Hamed Aleaziz, Lisa Friedman and Brad Plumer.

Zolan Kanno-Youngs is a White House correspondent, covering President Trump and his administration. More about Zolan Kanno-Youngs.

Michael D. Shear is a White House correspondent for The Times, covering President Biden and his administration. He has reported on politics for more than 30 years. More about Michael D. Shear

Noah Weiland writes about health care for The Times. More about Noah Weiland

A version of this article appears in print on Jan. 22, 2025, Section A, Page 13 of the New York edition with the headline: Trump’s Executive Orders. Order Reprints | Today’s Paper | Subscribe

[reasonandempathy]

So do you have a clue about Borders. what constitutes requirements for asylum.

Probably country specific, but internationally there are a few rules around requesting asylum.

In the U.S. the difference between refugee and asylum seeker is mainly a procedural one. Without busting out a legal dictionary, it's applies to people fleeing persecution (ex. Jews in Germany in 1938) of fear of persecution (ex. Jews in Poland in 1938) for one of a person's demographic characteristics.

Race

Creed

Nationality

Political Ideology

Group Identity

Under international law there isn't really a universal process everyone goes through, but people can generally apply for refugee/asylum status in any country from any country, with different procedures for each application.

Along the border, under existing law it is basically "show up and request asylum; we'll begin the application process." They can do it at any point of entry as well as when inside the country itself.

Again, being very general here.

[beardedmrbean]

COLUMBIA HEIGHTS, Minn. (AP) — For more than two hours on a Sunday afternoon, the Rev. Gustavo Castillo led the Pentecostal congregation he’s been growing in this Minneapolis suburb through prayer, Scriptures, rousing music and sometimes tearful testimonials.

But it all may end soon. A sudden procedural change in how the federal government processes green cards for foreign-born religious workers, together with historic highs in numbers of illegal border crossers, means that thousands of clergy like him are losing the ability to remain in this country.

“We were right on the edge of becoming permanent residents, and boom, this changed,” Colombia-born Castillo said as his wife rocked their 7-month-old boy, a U.S. citizen by birth. “We have done everything correctly, from here onward we believe that God will work a miracle. We don’t have any other option.”

To become permanent U.S. residents, which can eventually lead to citizenship, immigrants apply for green cards, generally through U.S. family members or employers. A limited number of green cards are available annually, set by Congress and separated into categories depending on the closeness of the family relationship or the skills needed in a job.

Citizens of countries with disproportionately high numbers of migrants are put in separate, often longer green card queues. Currently, the most backlogged category is for the married Mexican children of U.S. citizens – only applications filed before March 1998 are being processed.

For faith leaders, the line historically has been short enough to get a green card before their temporary work visas expired, attorneys say.

That changed in March. The State Department announced that for nearly seven years it had been placing in the wrong line tens of thousands of applications for neglected or abused minors from Guatemala, Honduras and El Salvador, and would now start adding them to the clergy queue. Since the mid-2010s, a surging number of youth from these countries have sought asylum after illegally crossing into the U.S.

This change means that only applications filed before January 2019 are currently being processed, moving forward the Central American minors by a few months but giving clergy with expiring visas, like Castillo, no option but to leave their U.S. congregations behind.

“They’re doing everything they’re supposed to be doing and all of a sudden, they’re totally steamrolled,” said Matthew Curtis, an immigration attorney in New York City whose clients, like an Israeli rabbi and a South African music minister, are running out of time. “It’s like a bombshell on the system.”

Attorneys estimate so many people are now in the queue that the wait is at least a decade long, because only 10,000 of these green cards can be granted annually.

Curtis’ firm advises potential clergy applicants that “there is no indication when you can receive a green card.”

That’s likely to dissuade religious organizations from hiring foreign workers precisely when they’re most needed because of the growing demand for leaders of immigrant congregations who can speak languages other than English and understand other cultures.

“There’s a comfort to practice your religion in your native tongue, in someone close to your culture celebrating Mass,” said Olga Rojas, the Archdiocese of Chicago’s senior counsel for immigration. The U.S. Catholic Church has also turned to foreign priests to ease a shortage of local vocations.

At one Chicago-area parish that’s been helping with this year’s surge of new arrivals from the border, two Mexican religious sisters have started ministries for women in the shelters as well as English classes, Rojas said.

“These two sisters know they won’t get green cards,” she added, and they expect to lose other religious sisters and brothers who are teachers, principals and serve in other key roles. “That’s catastrophic.”

Those from religious orders with vows of poverty, like Catholic nuns and Buddhist monks, are especially hard hit, because most other employment visa categories require employers to show they’re paying foreign workers prevailing wages. Since they’re getting no wages, they don’t qualify.

Across all faith traditions, there are few options for these workers to continue their U.S.-based ministry, attorneys say. At a minimum, they would need to go abroad for a year before being eligible for another temporary religious worker visa, and repeat that process, paying thousands in fees, throughout the decade – or for however long their green card application stays pending.

“A big concern is that leaving is not really viable. The church will replace the pastor or shut down, it’s too much instability,” said Calleigh McRaith, Castillo’s attorney in Minnesota.

Being in limbo is challenging for the affected religious workers, including Stephanie Reimer, a Canadian serving a nondenominational Christian youth missionary organization in Kansas City. Her visa expires in January.

“I’ve done a lot of praying,” she said. “There are days when it feels overwhelming.”

Martin Valko, an immigration attorney in Dallas whose clients include imams and Methodist pastors, said many rely on their faith to stay hopeful.

But realistic options are so few that the American Immigration Lawyers Association and faith leaders, like Chicago’s Catholic cardinal and coalitions of evangelical pastors, have lobbied the Biden administration and Congress to fix the problem.

Administrative solutions could include allowing religious workers to at least file for their green cards, so they can get temporary work authorization like those in other queues awaiting permanent residence.

The most effective and immediate fix would be for Congress to remove from this category the vulnerable minors’ applications, attorneys say. Despite being humanitarian, they make up the vast majority of the queue they share with religious workers, said Lance Conklin, a Maryland attorney who co-chairs the lawyer association’s religious workers group.

“They shouldn’t be pitted against each other in competition for visas,” said Matthew Soerens, who leads the Evangelical Immigration Table, a national immigrant advocacy organization.

Back at the Iglesia Pentecostal Unida Latinoamericana, Castillo said he has ministered to a family with two young children who survived the Darien Gap, a jungle in Central America favored by smugglers that’s among the most dangerous parts of migrants’ journeys, and a mother and daughter who said they came “through the hole” in the border wall.

“Some of them are in a better migration situation” than himself and his wife Yarleny, Castillo said. But he added that his call to minister to them is undaunted. “I serve God. He will take charge of these affairs while I lead those he has entrusted to me.”

That’s why, even as they face having to leave the country when their visas expire in February, the Castillos are fundraising to buy the building where they now rent worship space. They also regularly drive 10 hours to South Dakota, where they’re establishing another church.

“In this work, one is constantly helping destroyed migrant families,” Yarleny Castillo said. “And they need a space like this.”

[minnesotafollower]

Proposed New U.S. Restriction on Asylum Applications 

On May 9, the U.S. Department of Homeland Security announced a proposed new restriction on applications for asylum in U.S. that would allow U.S. asylum officers to remove any foreigner deemed to be a danger to U.S. security at the initiai credible fear screening immediately after being apprehended at the U.S. border.[1] The Announcement “Federal law bars individuals who pose a national security…

[fengimmigrationlaw]

Solving Complex Immigration Cases with Experience, Dedication, and Proven Legal Strategy

Navigating the U.S. immigration system is no easy feat, especially when your case involves unique challenges, tight deadlines, or life-altering consequences. For those facing legal barriers such as deportation, persecution, or visa complications, having a trusted immigration law firm makes all the difference. At Feng Immigration Law, we solve even the most complex immigration cases with a combination of deep legal experience, unwavering dedication, and time-tested strategies designed for success.

From handling high-stakes asylum and removal defense to guiding clients through nuanced aspects of visa applications and green card filings, our firm’s focus is always the same: achieving the best outcome for each individual case. Whether you're applying for political asylum in California, seeking protection from deportation, or needing help with the asylum application process, we are here to provide trusted, customized legal solutions.

Why Complex Immigration Cases Require Legal Expertise

Immigration law is one of the most intricate areas of U.S. law. Each case involves its own set of statutes, policies, and court procedures. Asylum seekers must meet strict eligibility standards, and individuals facing removal often have very little time to prepare a defense. Moreover, changes in immigration policies—such as the updated asylum processing rule—can impact how quickly cases move through the system and what is required to win them.

For these reasons, having an experienced attorney is essential. Feng Immigration Law provides individualized attention to every case. We understand that no two immigration journeys are alike. Our in-depth knowledge allows us to spot potential problems early, develop proactive legal strategies, and deliver successful outcomes where others might fall short.

Leaders in Asylum and Removal Defense

Many of our clients come to us seeking refuge from danger in their home countries. They may be victims of political persecution, religious oppression, or violent conflict. For these individuals, asylum is more than just a legal status—it is a path to safety and a new beginning. But applying for asylum is a complex legal process that requires professional support.

Our team has successfully represented individuals through all stages of the asylum application process, from initial filings to interviews with asylum officers, and, when necessary, appeals in immigration court. As a trusted asylum attorney in Irvine, CA, we focus on building persuasive, well-documented cases that meet the legal standards and clearly tell the client’s story.

In many instances, asylum is not just pursued as a standalone application but also as a form of removal defense for clients facing deportation. Immigration enforcement actions can be sudden and deeply disruptive. In these moments, the need for a strong legal defense is urgent.

Our attorneys have earned a reputation as some of the best removal defense lawyers in California for a reason. We handle detained and non-detained cases, represent clients in bond hearings, and present compelling legal arguments in immigration court. Whether we are filing for cancellation of removal, prosecutorial discretion, or humanitarian relief such as asylum or withholding of removal, we pursue every legal avenue to help our clients remain in the United States.

Keeping Up with the Asylum Processing Rule

Recent changes to the asylum processing rule have made the process faster, but also more demanding. The Biden Administration’s updated regulations aim to streamline asylum decisions by shortening adjudication timelines and requiring applicants to present complete cases early in the process. While intended to reduce backlogs, these changes increase the pressure on asylum seekers to get everything right—quickly.

Feng Immigration Law stays on the cutting edge of these policy changes. We ensure that our clients are fully prepared from day one. Our team helps gather essential documents, prepare personal statements, and respond to requests for evidence in a timely and thorough manner. This approach not only helps meet legal deadlines, but it also strengthens the client’s overall chance of success.

Political Asylum in California: Legal Support for the Persecuted

California has long been a destination for immigrants seeking freedom, security, and opportunity. With its diverse population and relatively accessible immigration court system, it also sees a high volume of asylum applications. However, filing for political asylum in California is a rigorous process that requires careful legal planning.

Feng Immigration Law represents individuals from countries around the world who have faced political violence, censorship, wrongful imprisonment, and threats to their lives. We work closely with each client to develop a compelling case narrative that supports their claim of persecution. We include documentation from credible sources, expert declarations, and personal testimonies that meet the legal definition of a “well-founded fear.”

Because every asylum claim is unique, we spend time learning about each client’s background, helping them understand their rights, and guiding them step-by-step through the legal process.

Reputation for Excellence Across California

Feng Immigration Law is recognized as a premier law firm for difficult immigration matters. We’re proud to be ranked among the best asylum lawyers and best removal defense lawyers in California, thanks to our relentless advocacy, attention to detail, and client-first approach.

Our office in Irvine serves clients throughout Southern California and beyond. As a top asylum attorney in Irvine, CA, our team has represented clients in interviews, immigration court, and federal appeals. We understand the intricacies of local court systems and work closely with our clients to prepare for every possible scenario.

What distinguishes our firm is our proactive and thorough approach. We don’t just respond to immigration challenges—we anticipate them. We craft legal strategies that are forward-looking and designed to secure lasting results, whether that means protection from deportation, adjustment to lawful permanent residency, or eventual U.S. citizenship.

A Comprehensive Legal Strategy for Long-Term Success

Solving a complex immigration case is not just about getting one petition approved—it’s about building a sustainable legal pathway for your future in the U.S. That’s why we develop comprehensive legal plans that consider both your current situation and your long-term immigration goals.

Whether you are applying for asylum, defending against removal, or transitioning to a green card after a successful asylum claim, we’re with you every step of the way. We help clients adjust their status, apply for work authorization, file family petitions, and prepare for naturalization.

By offering a full range of immigration services backed by strategic legal insight, we ensure that your case doesn’t just survive in court—it thrives.

Your Future Deserves the Best Legal Advocacy

At Feng Immigration Law, we believe that no case is too complex to solve. Whether you’re facing deportation, seeking political asylum in California, or navigating the evolving asylum processing rule, you can count on us to stand with you and fight for your rights. Our success is built on three pillars: legal experience, client dedication, and proven strategy.

We don't just represent clients—we partner with them to overcome legal challenges and build better lives. Our results speak for themselves, and our commitment to justice never wavers.

[soniyakc]

Understanding the Importance of Immigration Lawyers for Latinos in Queens

Why Immigration Lawyers Matter: Latinos in Queens face unique challenges in the U.S. immigration system. Immigration lawyers who understand Latino culture and language can better communicate, advocate, and guide clients through complex legal processes.

Common Challenges for Latinos: Language barriers make it hard for many to navigate legal issues alone. Specific immigration issues include visa petitions, deportation defense, and family reunification. Cultural factors, such as strong family and community ties, influence legal strategies.

Benefits of Hiring Latino-Sensitive Immigration Lawyers: They provide clear, bilingual communication and trusted legal advice. They offer personalized support at every step of the immigration process. They simplify complex procedures, making the process less stressful. They build trust by respecting cultural values and emotional concerns.

Recent Policy Impacts: Fear of deportation under previous policies has affected Latino families’ mental health, use of public services, interaction with police, and children’s education. These effects may continue to impact Latino communities long-term.

How to Find the Right Lawyer: Verify experience in immigration law and specific areas like deportation and asylum. Ensure cultural sensitivity and knowledge of Latino community issues. Check credentials and local court familiarity. Look for accessibility and client referrals from Latino social or community groups.

Getting Help: The law firm Gehi and Associates offers bilingual services, experience with large Latino client bases, affordable fees, and a convenient Queens office. They guide clients through visas, green cards, and citizenship processes with compassion and expertise. Learn more about their immigration services here. For personalized assistance, visit their contact page or call 718-263-5999.

Contact Gehi & Associates today for a Free Consultation! Call 718-263-5999 Visit www.gehilaw.com

Follow Gehi and Associates on social media: Gehi & Associates Linktree

#ImmigrationLawyers #LatinosInQueens #GehiAndAssociates #BilingualLawyers #ImmigrationHelp #QueensNY

[soniyaabogados]

Understanding the Importance of Immigration Lawyers for Latinos in Queens

Why Immigration Lawyers Matter: Latinos in Queens face unique challenges in the U.S. immigration system. Immigration lawyers who understand Latino culture and language can better communicate, advocate, and guide clients through complex legal processes.

Common Challenges for Latinos: Language barriers make it hard for many to navigate legal issues alone. Specific immigration issues include visa petitions, deportation defense, and family reunification. Cultural factors, such as strong family and community ties, influence legal strategies.

Benefits of Hiring Latino-Sensitive Immigration Lawyers: They provide clear, bilingual communication and trusted legal advice. They offer personalized support at every step of the immigration process. They simplify complex procedures, making the process less stressful. They build trust by respecting cultural values and emotional concerns.

Recent Policy Impacts: Fear of deportation under previous policies has affected Latino families’ mental health, use of public services, interaction with police, and children’s education. These effects may continue to impact Latino communities long-term.

How to Find the Right Lawyer: Verify experience in immigration law and specific areas like deportation and asylum. Ensure cultural sensitivity and knowledge of Latino community issues. Check credentials and local court familiarity. Look for accessibility and client referrals from Latino social or community groups.

Getting Help: The law firm Gehi and Associates offers bilingual services, experience with large Latino client bases, affordable fees, and a convenient Queens office. They guide clients through visas, green cards, and citizenship processes with compassion and expertise. Learn more about their immigration services here. For personalized assistance, visit their contact page or call 718-263-5999.

Contact Gehi & Associates today for a Free Consultation! Call 718-263-5999 Visit www.gehilaw.com

Follow Gehi and Associates on social media: Gehi & Associates Linktree

#ImmigrationLawyers #LatinosInQueens #GehiAndAssociates #BilingualLawyers #ImmigrationHelp #QueensNY

[questionsimmigration4]

How to File an Appeal Before the Board of Immigration Appeals: A Step-by-Step Guide

Learn how to file an appeal before the Board of Immigration Appeals (BIA), including eligibility requirements, deadlines, necessary forms, and why hiring an immigration lawyer or attorney can improve your chances of success. 

You see, receiving an unfavorable decision from an immigration judge can be overwhelming—but it doesn’t have to be the end of your immigration journey. If you believe an error was made in your case, you have the legal right to file an appeal before the Board of Immigration Appeals (BIA). This administrative body provides a critical opportunity to challenge decisions such as deportation orders, asylum denials, and other immigration court rulings. 

In this blog post, you'll learn how to file an immigration appeal, what to expect during the process, and why having the right legal support can make a big difference. 

What Is the Board of Immigration Appeals (BIA)?

The Board of Immigration Appeals is the highest administrative body within the U.S. Department of Justice (DOJ) that reviews decisions made by immigration judges and certain Department of Homeland Security (DHS) officers. 

The BIA primarily handles appeals related to: 

Removal (deportation) orders 

Asylum applications 

Adjustment of status 

Waivers of inadmissibility 

Family-based visa denials 

Certain criminal immigration issues 

The decisions issued by the BIA are binding unless overruled by a federal court.   

Who Can File an Appeal Before the BIA?

Can I Appeal an Immigration Judge’s Decision?

Yes. You can appeal an immigration judge’s decision if you believe there was a legal or procedural error in your case.

Common appealable decisions include: 

Deportation or removal orders

Denied applications for asylum, cancellation of removal, or adjustment of status

Bond decisions 

However, some immigration rulings—especially discretionary decisions—may not be eligible for appeal. 

What is the Deadline to File a BIA Appeal? 

You must file your appeal within 30 calendar days from the date of the immigration judge’s decision. This deadline is strict. Missing the deadline usually results in your right to appeal being waived. 

How to File an Appeal Before the Board of Immigration Appeals 

Step 1: Understand the Grounds for Appeal 

Before beginning, review the written decision by the immigration judge. An appeal must be based on legal or factual errors, not simply dissatisfaction with the outcome. 

If you’re unsure about your eligibility or the validity of your claim, speak with an immigration appeal attorney or immigration question lawyer for a professional review. 

Step 2: Complete Form EOIR-26 

To officially start the appeal process, complete Form EOIR-26 – Notice of Appeal from a Decision of an Immigration Judge. 

Key requirements: 

Indicate the exact issues you’re appealing 

Clearly explain your reasons

Submit a signed and dated form 

Pay the $110 filing fee (or request a fee waiver using Form EOIR-26A) 

Step 3: Submit the Appeal 

You must mail the completed Form EOIR-26 to: 

Board of Immigration Appeals

Clerk’s Office

5107 Leesburg Pike, Suite 2000

Falls Church, VA 22041 

Note: The BIA must receive your appeal—not just postmark it—within 30 days of the immigration judge’s decision.

What Happens After You File the Appeal? 

Once your appeal is received: 

1. Acknowledgment Notice 

Once the BIA receives your Form EOIR-26 (Notice of Appeal), they will send you an Acknowledgment Notice.  This is an official letter confirming that: 

Your appeal has been received within the required timeframe 

The appeal is now under review by the Board 

You are assigned a case number for reference 

This notice serves as proof that your appeal is active and pending. It also gives you a point of contact for checking the status of your case. 

2. Briefing Schedule 

After the acknowledgment, the BIA may send a briefing schedule, which is a timeline outlining when you (or your attorney) must submit a legal brief. 

A brief is a written document that explains: 

The legal errors made in the original immigration judge’s decision 

Supporting immigration laws, case law, and facts 

Why the decision should be reversed or reconsidered 

You may also receive a schedule for the opposing party (e.g., the Department of Homeland Security) to submit their response. 

Failing to submit your brief on time or submitting a poorly written one can hurt your appeal. A strong legal argument is essential. 

3. Review 

Once the briefing schedule is complete and all necessary documents are submitted, the BIA will begin reviewing your appeal. 

Important details: 

The BIA does not hold new hearings or take new evidence (except in very rare circumstances) 

Decisions are based only on the existing record from the immigration judge and the written briefs 

There’s usually no in-person or oral argument unless specifically granted 

You won’t get another chance to tell your side in court—so your paperwork must be persuasive and legally sound. 

4. Decision 

After reviewing the case, the BIA will issue a written decision sent by mail to you and your attorney. 

The decision can be one of the following: 

a. Uphold the Original Ruling 

The BIA agrees with the immigration judge. 

Your appeal is denied, and the original decision stands (e.g., deportation order remains in effect). 

b. Reverse the Decision 

The BIA disagrees with the immigration judge and changes the outcome. 

For example, a deportation order could be canceled, or an asylum application might be approved. 

c. Remand the Case 

The BIA sends your case back to the immigration judge for further review or clarification. 

This often happens if the judge made a procedural mistake or failed to consider important evidence or law. 

Each outcome affects your legal status differently. A reversal can mean a win, while a remand gives you another opportunity in immigration court. An upheld decision may require further legal action, like appealing to a federal court. 

This process can take several months to over a year, depending on case complexity and caseload.

Do I Need a Lawyer to File an Immigration Appeal? 

While not required, it is strongly recommended to work with an experienced immigration appeal lawyer or immigration question attorney. 

Reasons include: 

Precise understanding of legal technicalities

Professional writing of appellate briefs

Increased chances of success

Avoiding common filing errors 

Hiring a lawyer could be the difference between deportation and lawful status. Look for licensed attorneys who specialize in immigration appeal services or provide immigration question consultations. 

Common Mistakes to Avoid When Appealing to the BIA 

Missing the 30-day deadline 

Incorrect or incomplete Form EOIR-26 

Failing to explain the basis of the appeal 

Not submitting a legal brief if requested 

Attempting to introduce new evidence (which BIA typically does not consider)

Studies show that immigrants who are represented by legal counsel are more than five times likely to win their cases compared to those who represent themselves, according to data from the American Immigration Council. So, do yourself a favor and get an immigration appeal attorney.   

FAQs: Immigration Appeal Process 

1. How long does the BIA appeal process take? 

    It typically takes 6 to 12 months, though complex cases may take longer.   

2. Can I stay in the U.S. while my appeal is pending? 

    In most cases, yes. Filing a timely appeal generally stays (pauses) deportation until the BIA issues its decision.   

3. What if my appeal is denied? 

    If the BIA denies your appeal, you may be able to petition for review by the federal circuit court of appeals.   

Final Thoughts 

Filing an appeal before the Board of Immigration Appeals is a detailed legal process that offers a vital second chance for many immigrants. Understanding the steps, meeting all deadlines, and seeking professional support are key to improving your chances of success. 

If you’re facing a tough immigration decision, don’t give up hope. Consult with a trusted immigration appeal attorney or immigration question services provider who can guide you through the process and advocate on your behalf.   

If you need Help with an Immigration Appeal, contact our team of experienced immigration lawyers today. We offer personalized consultation and immigration question services tailored to your situation. Let us help you fight for your future in the U.S.