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Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
Book Synopsis Immigration Judges and U.S. Asylum Policy by : Banks Miller
Download or read book Immigration Judges and U.S. Asylum Policy written by Banks Miller and published by University of Pennsylvania Press. This book was released on 2015 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
Book Synopsis Immigration Judges and U.S. Asylum Policy by : Banks;Holmes Miller (Jennifer S.;Keith, Linda Camp)
Download or read book Immigration Judges and U.S. Asylum Policy written by Banks;Holmes Miller (Jennifer S.;Keith, Linda Camp) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Asylum Adjudication by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Policy
Download or read book Asylum Adjudication written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Policy and published by . This book was released on 1982 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Asylum is a complex area of immigration law and policy. While much of the recent debate surrounding asylum has focused on efforts by the Trump Administration to address asylum seekers arriving at the U.S. southern border, U.S. asylum policies have long been a subject of discussion. The Immigration and Nationality Act (INA) of 1952, as originally enacted, did not contain any language on asylum. Asylum provisions were added and then revised by a series of subsequent laws. Currently, the INA provides for the granting of asylum to an alien who applies for such relief in accordance with applicable requirements and is determined to be a refugee. The INA defines a refugee, in general, as a person who is outside his or her country of nationality and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Under current law and regulations, aliens who are in the United States or who arrive in the United States, regardless of immigration status, may apply for asylum (with exceptions). An asylum application is affirmative if an alien who is physically present in the United States (and is not in removal proceedings) submits an application to the Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS). An asylum application is defensive when the applicant is in standard removal proceedings with the Department of Justice's (DOJ's) Executive Office for Immigration Review (EOIR) and requests asylum as a defense against removal. An asylum applicant may receive employment authorization 180 days after the application filing date. Special asylum provisions apply to aliens who are subject to a streamlined removal process known as expedited removal. To be considered for asylum, these aliens must first be determined by a USCIS asylum officer to have a credible fear of persecution. Under the INA, credible fear of persecution means that ﷿there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum.﷿ Individuals determined to have a credible fear may apply for asylum during standard removal proceedings. Asylum may be granted by USCIS or EOIR. There are no numerical limitations on asylum grants. If an alien is granted asylum, his or her spouse and children may also be granted asylum, as dependents. A grant of asylum does not expire, but it may be terminated under certain circumstances. After one year of physical presence in the United States as asylees, an alien and his or her spouse and children may be granted lawful permanent resident status, subject to certain requirements. The Trump Administration has taken a variety of steps that would limit eligibility for asylum. As of the date of this report, legal challenges to these actions are ongoing. For its part, the 115th Congress considered asylum-related legislation, which generally would have tightened the asylum system. Several bills contained provisions that, among other things, would have amended INA provisions on termination of asylum, credible fear of persecution, frivolous asylum applications, and the definition of a refugee. Key policy considerations about asylum include the asylum application backlog, the grounds for granting asylum, the credible fear of persecution threshold, frivolous asylum applications, employment authorization, variation in immigration judges﷿ asylum decisions, and safe third country agreements.
Book Synopsis Immigration by : Andorra Bruno
Download or read book Immigration written by Andorra Bruno and published by Independently Published. This book was released on 2019-04-04 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asylum is a complex area of immigration law and policy. While much of the recent debate surrounding asylum has focused on efforts by the Trump Administration to address asylum seekers arriving at the U.S. southern border, U.S. asylum policies have long been a subject of discussion. The Immigration and Nationality Act (INA) of 1952, as originally enacted, did not contain any language on asylum. Asylum provisions were added and then revised by a series of subsequent laws. Currently, the INA provides for the granting of asylum to an alien who applies for such relief in accordance with applicable requirements and is determined to be a refugee. The INA defines a refugee, in general, as a person who is outside his or her country of nationality and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Under current law and regulations, aliens who are in the United States or who arrive in the United States, regardless of immigration status, may apply for asylum (with exceptions). An asylum application is affirmative if an alien who is physically present in the United States (and is not in removal proceedings) submits an application to the Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS). An asylum application is defensive when the applicant is in standard removal proceedings with the Department of Justice's (DOJ's) Executive Office for Immigration Review (EOIR) and requests asylum as a defense against removal. An asylum applicant may receive employment authorization 180 days after the application filing date. Special asylum provisions apply to aliens who are subject to a streamlined removal process known as expedited removal. To be considered for asylum, these aliens must first be determined by a USCIS asylum officer to have a credible fear of persecution. Under the INA, credible fear of persecution means that ﷿there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum.﷿ Individuals determined to have a credible fear may apply for asylum during standard removal proceedings. Asylum may be granted by USCIS or EOIR. There are no numerical limitations on asylum grants. If an alien is granted asylum, his or her spouse and children may also be granted asylum, as dependents. A grant of asylum does not expire, but it may be terminated under certain circumstances. After one year of physical presence in the United States as asylees, an alien and his or her spouse and children may be granted lawful permanent resident status, subject to certain requirements. The Trump Administration has taken a variety of steps that would limit eligibility for asylum. As of the date of this report, legal challenges to these actions are ongoing. For its part, the 115th Congress considered asylum-related legislation, which generally would have tightened the asylum system. Several bills contained provisions that, among other things, would have amended INA provisions on termination of asylum, credible fear of persecution, frivolous asylum applications, and the definition of a refugee. Key policy considerations about asylum include the asylum application backlog, the grounds for granting asylum, the credible fear of persecution threshold, frivolous asylum applications, employment authorization, variation in immigration judges﷿ asylum decisions, and safe third country agreements.
Book Synopsis Asylum and “Credible Fear” Issues in U.S. Immigration Policy by :
Download or read book Asylum and “Credible Fear” Issues in U.S. Immigration Policy written by and published by DIANE Publishing. This book was released on with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
At a time when immigration law is in flux, Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understand and apply U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, prevent separation of and reunite families, and provide relief to foreign nationals facing removal proceedings. Attuned to the sensitivity and responsibility necessary to ensure just results in high stakes immigration cases, the authors, who have a combined 35-plus years of front-line experience, provide readers with in-depth information and highlight readers recent changes and ongoing litigation where applicable. In addition, the book offers a new section on enforcement in both in the non-and employment-based contexts, providing avenues for discussions on matters of policy. They generously and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, followed up by proposing strategies for the professionals seeking to help them. New to the Second Edition: Major revisions that reflect a new focus on strict enforcement of immigration laws and the use of Executive Orders and procedural changes that affect the implementation and application of the law including: Migrant Protection Protocols Zero Tolerance Policy Safe Third Country Proposals Extreme vetting Muslim Ban Updated discussions of significant legal changes arising from case law such as: Pereira v. Sessions, a decision of the U.S. Supreme Court and subsequent decisions by the Board of Immigration Appeals and circuit courts, highlighting tensions around what information a valid notice to appear should contain. Matter of A-B, which sought to categorically exclude asylum claims based on domestic and gang-based violence Matter of L-A-B-R-, which severely restricts the use of continuances in removal proceedings Matter of Castro Tum, which limits the ability of immigration judges to close removal proceedings administratively. Analysis of the changes to public charge requirements affecting family members seeking to immigrate or become permanent residents in the United States Review of the recent changes to the EB-5 or investor visa process as an avenue to achieve permanent residency for those who provide job creating investments in the United States Professors, students, and legal practitioners new to the practice of immigration law will benefit from: Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, F-1. H-1Bs, and visas for investment and trade. Immigration options for humanitarian immigrants such as asylum seekers, refugees, survivors of domestic violence protected by the Violence Against Women Act (VAWA), SIJ, U, and T visa applicants. Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status, Permanent Labor Certification Program (PERM), and consular processing. Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers and relief from removal. Explanation of immigration court procedures and relief available in removal proceedings Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving. Numerous cases for discussion, with responses on the companion website available to instructors. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing. Website updates to keep students and faculty current with the latest changes in this fast-moving subject area.
Book Synopsis Understanding Immigration Law and Practice by : Ayodele Gansallo
Download or read book Understanding Immigration Law and Practice written by Ayodele Gansallo and published by Aspen Publishing. This book was released on 2020-02-10 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when immigration law is in flux, Understanding Immigration Law and Practice offers a thorough, accessible, and practical approach to understand and apply U.S. laws and regulations to help protect refugees, bring needed workers to the U.S, prevent separation of and reunite families, and provide relief to foreign nationals facing removal proceedings. Attuned to the sensitivity and responsibility necessary to ensure just results in high stakes immigration cases, the authors, who have a combined 35-plus years of front-line experience, provide readers with in-depth information and highlight readers recent changes and ongoing litigation where applicable. In addition, the book offers a new section on enforcement in both in the non-and employment-based contexts, providing avenues for discussions on matters of policy. They generously and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, followed up by proposing strategies for the professionals seeking to help them. New to the Second Edition: Major revisions that reflect a new focus on strict enforcement of immigration laws and the use of Executive Orders and procedural changes that affect the implementation and application of the law including: Migrant Protection Protocols Zero Tolerance Policy Safe Third Country Proposals Extreme vetting Muslim Ban Updated discussions of significant legal changes arising from case law such as: Pereira v. Sessions, a decision of the U.S. Supreme Court and subsequent decisions by the Board of Immigration Appeals and circuit courts, highlighting tensions around what information a valid notice to appear should contain. Matter of A-B, which sought to categorically exclude asylum claims based on domestic and gang-based violence Matter of L-A-B-R-, which severely restricts the use of continuances in removal proceedings Matter of Castro Tum, which limits the ability of immigration judges to close removal proceedings administratively. Analysis of the changes to public charge requirements affecting family members seeking to immigrate or become permanent residents in the United States Review of the recent changes to the EB-5 or investor visa process as an avenue to achieve permanent residency for those who provide job creating investments in the United States Professors, students, and legal practitioners new to the practice of immigration law will benefit from: Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, F-1. H-1Bs, and visas for investment and trade. Immigration options for humanitarian immigrants such as asylum seekers, refugees, survivors of domestic violence protected by the Violence Against Women Act (VAWA), SIJ, U, and T visa applicants. Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status, Permanent Labor Certification Program (PERM), and consular processing. Grounds of inadmissibility, deportation, and immigration court removal processes, including waivers and relief from removal. Explanation of immigration court procedures and relief available in removal proceedings Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem solving. Numerous cases for discussion, with responses on the companion website available to instructors. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing. Website updates to keep students and faculty current with the latest changes in this fast-moving subject area.
In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system, showing how the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers and what we can do about it.
Book Synopsis The End of Asylum by : Philip G. Schrag
Download or read book The End of Asylum written by Philip G. Schrag and published by Georgetown University Press. This book was released on 2021-05-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system, showing how the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers and what we can do about it.
The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Book Synopsis Refugee Roulette by : Jaya Ramji-Nogales
Download or read book Refugee Roulette written by Jaya Ramji-Nogales and published by NYU Press. This book was released on 2011-04-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Book Synopsis An Overview of Asylum Policy by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration
Download or read book An Overview of Asylum Policy written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and published by . This book was released on 2002 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.
Book Synopsis The Accidental History of the U.S. Immigration Courts by : Alison Peck
Download or read book The Accidental History of the U.S. Immigration Courts written by Alison Peck and published by Univ of California Press. This book was released on 2022-05-10 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.
