Generally, when there is a change in administration, whether it's Obama, Trump or Biden - it impacts our immigration laws in the United States. Sometimes, a regulation that came out in 2018 may not be the same in 2021. This blog is supposed to be an eye-opener for asylum seekers and those who may not follow the changes in immigration laws often.
There's a big buzz about fast-tracked immigration cases in immigration court which the Biden administration is really focused on and their agenda is to move cases along so it can help the tremendous backlog. But speed may not be such a good thing especially to those who don't have enough time to either find an immigration attorney to represent them nor present their evidence. Some individuals don't even realize that their case is under the fast-tracked system. You may have heard of the "dedicated docket" which was actually introduced on May 28, 2021. What is a dedicated docket, you ask? The dedicated docket is a process which puts individuals and/or families who have been apprehended at the Southwest Border to be placed in removal proceedings and enrolled in the Alternatives to Detention (ATD) program. Under this program, immigration judges work to issue a decision within 300 days of the initial master calendar hearing. The goal of this program is to decide cases quickly with fairness. Research shows that a lot of the individuals in this process are not getting attorneys and only 31% of cases were granted asylum. If you or someone you know received a Notice to Appear (NTA) after May 28, 2021, take a look at it and see whether you fall under the above-mentioned situation. See if you can get an attorney sooner than later because your case will move quick!
Let's now switch over to individuals who file asylum late and are waiting for their interviews before the Asylum office. Just a heads up, if the asylum officer does not grant you asylum - your case may be referred to immigration court. Believe it or not, some people don't know this. When your asylum case ends up in court, you are now in removal proceedings. Here, you may have time to find an attorney or prepare for your case. But remember, if the judge doesn't grant you asylum, you may get a removal order. Another thing to note is that when individuals file their asylum claim late, they need to overcome the 1 year issue by showing that they meet one of the exceptions to filing. Those exceptions to the one year filing rule are: changed circumstances which materially affect your eligibility for asylum and extraordinary circumstances related to the delay in your filing. This is why you should consult with an experienced immigration attorney before filing anything on your own. I haven't even mentioned the lengthy asylum interview process yet. It is a lot of work.
Remember when the Trump administration restricted and eliminated access to work authorization for asylum seekers? That caused a lot of chaos. I mean people need to work and children who are seeking asylum need access to work and education, right? How is anyone supposed to survive? But eventually the federal court stepped in and ruled that these restrictions and stripping asylum seekers of access to work authorization was invalid. So, asylum seekers may apply for a work permit through their asylum claim by filing a work permit application 150 days after the asylum application is filed. Crazy right? There is a reason why the U.S. has checks and balances!
The purpose of this blog is to raise awareness and keep your eyes open to changes under each administration. I've gotten a lot of inquiries on why court cases are moving so much faster while other inquiries on how cases are stuck since 2016 where an interview hasn't even been set up. Each case is different. Each administration has its own agenda. This is America's immigration system.
This blog was written by Attorney Poonam Minhas for informational purposes only. This blog is not to be construed as legal advice nor a formation of an attorney-client relationship. If you have questions about your case, you may set up a consultation. [December 2022]