One Perspective Federal authority to regulate immigration

Illegal Immigration needs to be stamped out now. Repatriation of illegals to their country of ORIGEN needs to happen now. Support Chris Simcox and the Minutemen Projects coming to a border state near you.

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One Perspective Federal authority to regulate immigration

Post#1 » Fri Jul 20, 2007 8:34 am

Federal authority to regulate immigration
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Friends:

The following is interesting, but in my opinion a bit glib in its
treatment of the subject, stating a few too many things as
givens, than I think are supported by history.

For example, why in 1847 did congress choose to use the
navigation laws to control Irish immigration, rather than address
the issue head on?

Why cite the Alien and Sedition Act, which was subsequently
declared unconstitutional, and thus in effect never a law at all?

But interesting, still.

--Andy

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
J. M. Dawson Institute of Church-State Studies (Baylor
University)

Brown Bag Series

GREGORY O. NIES

J.M. Dawson Institute of Church-State Studies

"Introduction to US Immigration Policy and Asylum Procedures"

Talk given 27 March 2000

I Introduction

Chief Ben American Horse of the Sioux Indian tribe once gave Vice
President, Alben Barkley (Harry Truman’s administration) the
following advise: "Young fellow…be careful with your immigration
laws. We were careless with ours."( Elizabeth Hull, Without
Justice for All (Westport, CT: Greenwood Press, 1985), 7.)

INS Asylum and Refugee Mission Statement:

"The United States offers asylum and refugee protection based on
an inherent belief in human rights and in ending or preventing
the persecution of individuals."
(INS web site: http://www.uscis.gov/
Asylum Factsheet)



II Constitutional Authority to Regulate Immigration

While the United States Constitution does not specifically
address the issue of immigration, it does vest in Congress the
authority to regulate it in several of the enumerated powers:

1 The Commerce Clause (Article I, §8, Cl. 3) - The Commerce
Clause authorizes Congress to regulate commerce with foreign
nations.

2 The Naturalization Clause (Article I, §8, Cl. 4) - The
Naturalization Clause empowers Congress to "establish a uniform
Rule of Naturalization."

3 The War Power Act (Article I, §3, Cl. 11) - The War Power Act
gives Congress the power to declare war, permits the federal
government to stop the entry of every alien, and further permits
the President to apprehend, restrain, secure and remove alien
enemies.

4. The Migration and Importation Clause (Article 1, §9, Cl. 1) -
The Migration and Importation Clause concerns limiting migration
and importation of "such persons as any of the States now
existing shall think properly to admit."

Additionally, the authority of Congress to regulate immigration
has also been implied by the United States Supreme Court as both
an incident of sovereignty and an incident of foreign policy.
(Margaret Jasper, The Law of Immigration (Dobbs Ferry, NY: Oceana
Publications, 1996), 1.)


III Constitutional Rights of Aliens

Despite the government's unquestioned authority to regulate
immigration, the exact wording of the Constitution provides
aliens with certain rights. Significantly, the drafters did not
use the word "citizen" in many instances, but instead guaranteed
rights to "persons." The term "persons" would, it seems, include
aliens, and leaves the constitutional language open to this
interpretation. Indeed, the Supreme Court has ruled in such a
manner, incorporating to aliens constitutional rights based on
the 14th Amendment.

Relying heavily upon precedent from the Slaughterhouse Cases
(1873), the Supreme Court Ruled definitively in Yik Wo v. Hopkins
(1886) that the Due Process and Equal Protection Clauses of the
Fourteenth Amendment apply to both citizens and non-citizens
alike. Subsequent rulings guaranteed aliens additional
constitutional rights, such as; Fifth Amendment due process
rights, Wong Yang Sung v. McGrath (1950), equal protection,
Bolling v. Sharpe (1954), and Fourth Amendment security from
unreasonable searches and seizures, United States v.
Brignoni-Ponce (1975).



Brief History of U.S. Immigration Law

(Information in this section comprised primarily from Margaret
Jasper, 2-21 and Ignatius Bau, This Ground is Holy (New York:
Paulist Press, 1985), 40-59.)



First 100 years: From the foundation of the nation in 1776 and
throughout the next century the United States had an open
immigration policy, basically all who wanted to come could. A few
notable exceptions came in the form of the 1798 Alien and
Sedition Act, which gave the President the authority to deport
aliens deemed to be dangerous. This was the country’s first
immigration exclusionary policy. The next piece of immigration
legislation did not come until the 1862 law enacted to prohibit
the importation of Chinese for slave labor.

During this time period, the Supreme Court confirmed the Federal
Government had the sole jurisdiction to regulate immigration. The
Court struck down several state laws aimed at restricting
immigration: the Passenger Cases (1849) and Henderson v. Mayor of
New York, (1875).

1882 Chinese Exclusionary Act: The first general, federal
immigration law enacted in the U.S. was the Chinese Exclusionary
act of 1882. The law, which was also the first racially
restrictive law, banned Chinese from entering the country. It
also contained provisions to exclude criminals, mentally
disabled, ("idiots, lunatics"), as well as prostitutes, and
persons likely to become a public burden. A head tax of fifty
cents was charged. This law was not repealed until 1943.

1907 Immigration Act: The 1907 act established the Dillingham
Commission to study the impact of immigration. The result was
further exclusionary legislation, resulting in bans of: persons
with physical or mental defects likely to affect their ability to
support themselves, persons infected with tuberculosis, and
"feeble minded" children not accompanied by an adult.

1917 Immigration Act: The 1917 act passed by Congress over the
veto of President Wilson imposed literacy requirements, codified
previously used grounds for exclusion, excluded Asians, and
allowed for deportation up to five years after entry.

1921 Quota Law: The 1921 act established the first National
Origin Quota System in order to curb the influx of Southern
Europeans following World War I. The 3% annual quota set limits
on the immigrants from each nation based on the number of
existing U.S. residents of the same origins. The origin quotas
were intended to be temporary--they were to be abandoned after
the WW I refugees were settled.

1924 Johnson-Reed Act: The 1924 act established two immigration
precedents, the origins quota system was made permanent (lowered
to 2%) and an overall numerical limit was established (150,000
per year.)

1940 Alien Registration Act: While the principle objective of
most immigration legislation since 1880 had been racial,
undesirable persons, and labor restrictions, the 1940 act
returned policy priorities back to national security. For the
first time aliens were required to register and be fingerprinted.
New record-keeping systems were devised and "subversive persons’
was added to the ever growing list of grounds for exclusion.

1948 Displaced Persons Act: This post World War II act was the
first congressional legislation for the admission of refugees.
The act admitted 409,696 refugees who had fled Nazi or Soviet
persecution. Over 90% of these refugees were resettled by
churches or other private social agencies.

1950 Internal Security Act: This act allowed the U.S. to exclude
or deport aliens deemed to be "politically dangerous," but,
ironically, also was the first piece of legislation to address
the management of refugees in the U.S. The act prohibited the
deportation of persons who would be subject to "physical
persecution in their home country." This became the first
definition of a "refugee" under U.S. immigration legislation.

1952 Immigration and Naturalization Act (INA): The INA was a
major reorganization and recodification of immigration law which
came at the end of a two year Congressional study and was again
passed over the veto of the President. The overall annual limit,
Asian racial limits, and origins quota remained (the quota
changed to 1/6th of 1%). Preferences within each quota were
established for special skills, and several more grounds for
exclusion and deportation were added.

1953 Refugee Relief Act: This cold war act allowed the emergency
admission of racial, religious or political persecution victims
of Communist countries, primarily for foreign policy objectives.
189,021 refugees were admitted in addition to the set immigration
quotas.

1958 Natural Disaster Refugees: Congress admitted 22,213
earthquake and flood victims from Portugal and displaced Dutch
nationals from Indonesia. These refugees were all admitted in
response to disasters on an ad hoc basis. No set plan for regular
refugee admission was deemed necessary.

1960 Fair Share Refugee Act: Congress passed this act which
allowed for refugee admission on the contingency that the other
countries of the world admit their "fair share." Refugees
continued to be admitted under the Attorney General’s parole
power, and their admission was seen as only a temporary fix for
an individual international problem, not a permanent immigration
policy.

1965 INA Amendments: In the midst of the Civil Rights movement,
the racial restrictions and national origin quotas were
eliminated. Unequal quotas were established for the Western and
Eastern Hemispheres, but were equalized with a 1976 amendment,
which set a cap of 290,000 visas annually. The 1965 amendment
created preferences for dual goal of family reunification and
filling labor shortages. Concerning refugees, the act contained
in its preference system, the "seventh preference," the first
permanent provision for continued admission of refugees (as
opposed to the previous policy of admission on an ad hoc basis.)
Also, the definition of refugee was changed from "physical
persecution" to persecution on account of race, religion, or
political opinion.

1980 Refugee Act: This act established a definition of refugee in
accordance with the United Nations definition of a refugee as one
"owing to a well founded fear" of persecution, but still
maintained a clear distinction that the fear was politically
motivated, and not economic. The act eliminated geographic
restrictions on refugees and established a two tiered system:
first, it allowed a consistent regular flow of admissions with an
annual limit, and second, it contained a presidential
discretionary provision that allowed emergency admissions on an
ad hoc basis. The act stipulated that the merits of the
individual claim are to be determinative in each case, and not
the geographical or ideological/foreign policy considerations.
The act also created a specific statutory mechanism for granting
asylum to those persons already in the United States.

1980’s Immigration Revisions: The 1980 marked a decade of
immigration reform and restrictions culminating in the major 1990
overhaul of the INA. The 1986 Immigration Reform and Control act
addressed illegal immigration, legalizing select existing illegal
aliens residing in the US, established employment eligibility
verification and penalties against employers who hire
unauthorized aliens. The 1986 Immigration and Marriage Fraud
Amendments Act of 1986 tried to curb a rampant marriage fraud
epidemic. The Anti-Drug Act of 1986 retroactively redefined drugs
subject to immigration exclusions as all controlled substances.
The Omnibus Anti-Drug Abuse Act of 1988 established further
grounds of deportation and excludability based on new definitions
of "Aggravated Felons."

1990 Immigration Act: The first comprehensive revision to the
1952 INA, this revision restructured immigration procedures. It
re-defined and added employment based categories, established a
diversity visa lottery, revised, again, the grounds for exclusion
and deportation--making them more restrictive, and established
temporary protective status programs for nationals of certain
countries experiencing disasters.

1991 Armed Forces Immigration Adjustment Act: Granted special
immigration status to those who honorably served in the U.S.
armed forces.

1992 Soviet Scientists Immigration Act: Permitted the admission
of 750 scientists and engineers from the former Soviet Union
without job offers.

1996 Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA): This most resent revision of the U.S. Immigration law
implements a clear policy shift towards the tightening of
immigration restrictions and enforcement of immigration laws.
Border patrols and interior enforcement was significantly
strengthened in numbers, funds, and power. New grounds of
inadmissibility and removal are added along with more restrictive
definitions of "Aggravated Felony" and harsher penalties for
breaking immigration laws. Harsher penalties and increased
enforcement measures were created for employers of unauthorized
aliens. Several controversial benefit restrictions for aliens
were created, and likelihood of becoming a "public charge" was
designated as a ground for exclusion.

The IIRIRA contained several important provisions regarding
refugee and asylum status (IIRIR Act of Sept. 30, 1996):

1) Refugee definition expanded to include those persecuted for
resistance to coercive population control methods (limited to
1,000 annually.)

2) Restricts the Attorney General’s use of Parole.

3) Counts Long-term Parolees against worldwide numerical limits.

4) Prohibits potential asylum applicants with a "third-country"
safe haven from applying.

5) Prohibits reapplication for Asylum.

6) Imposes a time limit of one year from entry to U.S. within
which to file for asylum.

7) Restricts employment authorization for 180 days.

8) Those applicants inside the U.S. are jailed. They present
their asylum case to an INS officer, and if denied, they are
given a cursory preliminary asylum appeal "trial" by an
immigration judge--usually by telephone.

9) Expedited Removal is instantaneous and automatic when asylum
cases are terminated.

10) An alien will be permanently banned from ever receiving any
US Immigration benefits if it is determined he knowingly filed a
frivolous asylum application.

11) Aliens convicted of an immigration "aggravated felony" are
ineligible.

12) Mandatory asylum denials for individuals associated with
terrorist organizations or activities.



V Classifications of Immigration Status

(Ways Aliens Can legally Stay in the United States)

A. Nonimmigrant Status

A nonimmigrant is an alien seeking admission to the United States
to undertake a specific activity, without any intent to
permanently remain in the United States. All nonimmigrant visas
are temporary and carry various restrictions. The "Alphabet" of
nonimmigrant visas is listed in Appendix I.



B. Immigrant Status

Alien declares intent to permanently reside in the United States.
Applies for Lawful Permanent Residency (LPR) status, commonly
known as getting a "green card."

1) Family Based Applications

Immediate relatives (a spouse, unmarried child under 21, or
parent) of a US citizen are admissible without being subject to
an annual limit.

Additionally, 226,000 family-sponsored visas are currently
allotted for family members who are not immediate relatives.
There are four preference categories:

1 First Preference - This category includes the unmarried sons
and daughters of United States citizens who are age 21 or older
This category currently receives 23,400 annual visas

2 Second Preference - This category includes the spouses and
unmarried sons and daughters of Permanent Residents. This
category currently receives 114,200 annual visas. There is a
further breakdown in preference within this category by which the
spouses and unmarried minor children account for at least 77
percent of these visas (2A visas), and the unmarried adult
children of residents account for no more than 23 percent of
these visas (2B visas)

3 Third Preference - This category includes the married sons and
daughters of citizens. This category currently receives 23,400
annual visas.

4 Fourth preference - This category includes brothers and sisters
of adult US citizens. This category currently receives 65,000
annual visas.









2) Employment Based Applications

Within the currently employment-based visa allotment of 140,000,
there are five preference categories:

1 First preference - This category is reserved for three classes
of priority workers, including: (a) aliens who lave extraordinary
ability in the sciences, arts, and education, business or
athletics; (b) aliens who are outstanding professors and
researchers who have been offered employment with a university,
or with a private employer having an established research
department; and (C) business managers and executives transferred
to the US. This category currently receives 40,000 annual visas.



2 Second preference - This category includes aliens with advanced
degrees in professional fields and aliens who have "exceptional
ability" in the sciences, arts or business This category
currently receives 40,000 annual visas. DOL certification is
required for this category.

3 Third Preference - This category includes all other aliens
seeking to immigrated based on permanent employment offers- This
category currently receives 40,000 annual visas in addition to
any unused visas by the first two preferences. This category is
further broken down into 3 classes: (a) skilled workers; (b)
professionals with a bachelor's degree; and (c) 10,000 unskilled
workers. DOL certification is required for this category.

4 Forth preference - This category includes aliens defined as
'special immigrants" who are not subject to DOL certification,
and who fall within special preferred categories. This category
currently receives a maximum of 10,000 annual visas, and
includes: (a) foreign medical graduates licensed and practicing
in the United States as of January 1978; (b) certain former U.S.
government employees; (c) former employees of the Panama Canal
Company or Canal Zone government; d) religious ministers with a
minimum of 2 years experience in their denomination; (e)
religious workers with two years experience who will work for
their denomination in a professional capacity; (f) former
officers or employees of international organizations, and their
family members who have maintained long periods of residence in
the US.; and (g) aliens who have been declared dependent by a
juvenile court.

5 Fifth Preference - This category includes aliens who are
investors in new commercial enterprises, which meet certain
criteria. This category currently receives a maximum of 10,000
annual visas

All priority workers, except those who fall in First Preference,
category "a" or qualify for a National Interest Waiver, must have
offers of US employment. Further, only priority workers in the
first preference category are not subject to the Department of
Labor (DOL) certification that qualified US workers are
unavailable to fill the position that the alien has been offered.



3) Diversity Lottery

Diversity immigration refers to the admission of aliens to
Permanent Residency Status who come from certain countries which
have previously had a low admission rate. This category currently
receives 55,000 annual visas.





C. Naturalization/Citizenship

(Naturalization is not a classification of immigration status per
se, but rather the route immigrants follow in transitioning from
an immigrant to a citizen.)

Naturalization is the process where a person becomes a citizen of
the United States. A person must meet the following requirements
to be eligible for application for citizenship: Age -at least 18;
Permanent Resident and Physical Presence -5 years a PR (3 years
if married to US citizen) and no physical absences for more than
1 continuous year or more than 30 months total; Character and
Loyalty - "good moral character"; English Literacy and Education,
-applicants must pass an English and US history and civics exam;
and the Oath of Allegiance requirement.



D. Refugee Status

Can lead to LPR status. See Section VI below.





VI Refugee, Asylum, and Temporary Protected Status

A Temporary Protective Status: Available to those individuals
whose home countries the U.S. Attorney General has designated as
too dangerous to return to. Available only to those in the U.S.
prior to the date the designation was made, and is
temporary--subject to end when conditions improve. Aliens need
not prove persecution, only their nationality, and register each
year.

B Refugee: Asylum and Refugee applicants are both adjudicated
using the same definitions and legal standards, the only
difference in the two terms is Refugee status is applied for
abroad while Asylum is sought by applicants already in the US or
at a port of entry. Refugees file Form I-590, Registration for
Classification as a Refugee, with the US Immigration and
Naturalization Service through a US Embassy or Consulate.

Every year a maximum number of refugee admissions is set, in 1999
it was 78,000. This number is divided among 5 geographical
regions, in 1999 the allocations were as follows:

Africa 12,000

East Asia 9,000

Latin America/Caribbean 3,000

Near East/South Asia 4,000

Europe 48,000

Unallocated 2,000

Additionally, the US State Department designates specific
counties from each region as a "refugee sending" country. From
these countries, the refugees are chosen based on a set of four
"priority" categories.

C Definition of an Asylee and Refugee

The Immigration and Nationality Act in §101(a)(42) and Title 8
USC §1001(a)(42) defines refugee as:

(A) any person who is outside any country of such person's
nationality or, in the case of a person having no nationality, is
outside any country in which such person last habitually resided.
and who is unable or unwilling to return to, and is unable or
unwilling to avail himself or herself of the protection of, 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, or

(B) in such circumstances as the President after appropriate
consultation (as defined in section 207(e) this Act) may specify,
any person who is within the country of such person's nationality
or, in the case of a person having no nationality, within the
country in which such person is habitually residing and who is
persecuted or who has a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion. The term "refugee"
does not include any person who ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion. For purposes of
determinations under this Act, a person who has been forced to
abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population
control program, shall be deemed to have been persecuted on
account of political opinion. and a person who has a well founded
fear that he or she will be forced to undergo such a procedure or
subject to persecution for such failure, refusal, or resistance
shall be deemed to have a well founded fear of persecution on
account of political opinion.















D Interpretation of Asylum/Refugee Definition (Midwest Immigrant
and Human Rights Center web suite:
http://pbosnia.kentlaw.edu/services/chi ... anual/tes-
t.htm)

Case president has established the following interpretations of
the significant terms from the 8 USC 1101 (a)(42)(a) and (b)
definition:

1) Persecution - "the infliction of suffering or harm upon those
who differ…in a way that is regarded as offensive." Desir v.
Ilchert, 840 F.2nd 723, 727 (9th Cir. 1988) and Matter of Acista
(BIA 1985.) Threats of Life and physical abuse qualify but mere
harassment does not. Balazoski v. INS 932 F.2nd 638, 642 (7th
Cir. 1991.) Additionally, being subject to various types of harm
that so not meet persecution by themselves, can become
persecution when added together. Several examples:

- Arbitrary interference with persons privacy

- Relegation to substandard dwellings

- Exclusion from institutions of higher learning

- Enforced social or civil inactivity

- Passport denial

- Constant surveillance

- Pressure to become an informer

2) Well Founded Fear - only "well founded fear" of persecution
need be proven. INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). The
Supreme Court declared the following sufficient to establish
"well founded fear": 1) Having fear of an event even if there is
less than a 50% chance it will take place, and 2) establishing a
10% chance of being killed or tortured.

In Matter of Mogharrabi, (BIA 1987), the BIA set forth the
following four elements which must be proven to establish a "well
founded fear" of persecution:

1) applicant possesses a belief or characteristic that the
persecutor wishes to

suppress by means of punishment

2) persecutor is aware or will become aware, that applicant
possesses this

belief or characteristic

3) persecutor has the ability to punish the applicant

4) persecutor has the inclination to punish the applicant



E Asylum and Refugee Eligibility Requirements:

1) Alien must be outside the country of their nationality (except
in Cuba, Vietnam and Russia.)

2) Alien must be "unable or unwilling" to return to their country
and avail themselves of its protection

3) Reason for this inability or unwillingness must be
"persecution or well-founded fear of persecution."

4) This persecution or well-founded fear of persecution must be
due to:

a. race - all kinds of ethnic groups

b. religion - prohibition or serious discrimination amounts to

religious persecution, but mere membership in a

specific religion insufficient.

c. nationality - ethnic or linguistic groups (some overlap with

"race")

d. political opinion - actual or "imputed" political opinion

e. membership in a particular social group - similar background.

1. age

2. geographic location

3. ethnic background

4. family ties

5. gender

6. sexual orientation

f. coercive population control methods - Forced
sterilization/abortion

** ("economic migrants" do NOT qualify.)

5) Exclusions--Alien must not have:

a. Persecuted others

b. Been "resettled"

c. Previously filed for Asylum and been denied

d. Been convicted of an "aggravated felony" as defined by

immigration law. (including any crime of drug trafficking, or

crime of violence or theft with a minimum of one year sentence

regardless of imposition or suspension.)

e. Committed a serious crime even if granted immunity

f. Posed a threat to the security of the U.S.

g. been a member of the communist or any other totalitarian party

h. intended to enter the US to conduct illegal activities

i. been involved in an international child abduction

j. tried to enter the US illegally or assist others in doing so

k. intended to practice polygamy

l. committed prostitution within the past 10 years

m. been convicted of two or more criminal offences

n. committed a crime of moral turpitude

o. been a former US citizen who renounced citizenship for tax

purposes

p. been determined to be a drug abuser or addict

q. a serious physical or mental disorder

r. a communicable disease of public health significance

** Many, but not all, of these grounds for inadmission may be
waived by

the Attorney General.

6) Asylum applicants must file Form I-589 within one year of
entering the US. (some exceptions)



VII Filing for Asylum

A Asylum Application Process:

1) If asylum applicant is being represented by an attorney or
agency, the applicant will need to authorize such representation
by signing both a G-28 Notice of Appearance and an EOIR-28 Notice
of Appearance forms.

2) Applicant and any preparer will need to completely and
properly fill out and sign the I-589 Application for Asylum and
Withholding of Removal form. (Applicant signs part G ONLY after
the interview.)

3) Applicant Affidavit that explains in great detail the claim
for asylum. Signed and notarized with translation and notarized
Certificate of Translation attached if applicable.

4) Attach all evidence and documentation supporting applicants
claim for

asylum. This would include such items as:

a. State Department Human Rights Country Reports

b. Private human rights reports from such recognized agencies as

Amnesty International, Human Rights Watch, Keston Institute,

Freedom House, and the United Nations Human Rights Office,

among many others.

c. Press: Newspapers, magazines, TV transcripts, etc.

d. Applicant’s personal papers: photos, medical records, letters

containing death threats, etc., and any other pertinent

documentation supporting a claim for asylum.

5) Copies of Passport and all other travel documents. Copies of
all other previous correspondence with the INS.

6) Expert Affidavits. Affidavits from recognized experts such as
academics or human rights activists who have knowledge of the
applicant’s country. Also physicians and therapists who have
treated the applicant and found evidence to support an asylum
claim.

7) G-325 Biographical Information Sheet for each family member
applying

8) Completed Fingerprint Request form for each family member over
14.

9) Two Photographs of each family member

10) Evidence supporting family claims including marriage and
birth certificates.

11) Fee: None (except attorney fees if applicable.)

12) Cover letter briefly explaining claim to asylum and
containing a content table listing all forms and documentation
contained in the application package.

13) All documentation, including the application form itself,
must be submitted in triplicate. Additionally, a copy of the
primary applicant’s form in needed for each dependant application
filed. All documents not in English need to be accompanied by an
English translation and a Certificate of Translation.

14) File application. There are two ways to file an asylum
application: affirmatively and defensively. If applicant is in
removal proceedings, an asylum claim is filed defensively
directly to the Immigration Court with jurisdiction. If not in
removal proceedings, the applicant would file an affirmative
application package to the appropriate INS Service Center.

15) Post-filing procedures: File official notices of address
change with the Asylum Office and immigration Court (AR-11 and
EOIR-33.) Bring interpreter to interview if needed. Do not leave
the country without an Advance Parole document and under NO
circumstances return to the country of claimed persecution. After
150 days have lapsed since filing application, applicant may
apply for work authorization.

16) One year after Asylum is granted, all eligible to apply for
Permanent Residency. Only 10,000 asylees are allowed to adjust
each year and their cases are subject to re-evaluation if the
conditions in their country have changed.





B Asylum Appeal

While the new 1996 IIRIRA law gave immigration officers
tremendous discretionary power to initiate "summary removal," and
streamlined the entire appeals process, there are still several
appeals available if an asylum application is denied. See
attached flow chart at
http://www.asylumlaw.org/legal_tools/un ... ep_by_step







VIII US Asylum and Refugee Policy

How many and which ones?

1) The US admits too many/not enough Refugees and Asylees.

- The US admits between 100,000 and 150,000 refugees/asylees
annually,

by far the worlds most generous refugee resettlement program

or

- While taking in nearly 50% of the worlds refugees after WW II,
the US

now admits less than 1.5% of all refugees worldwide



2) Standards to meet definition of Refugee are too lenient/too
strict.

- New coercive family planning policy hardly amounts to
"persecution"

- Homosexuality a "social group"

or

- Too many true persecution sufferers are slipping through the
cracks







3) Not enough/too many restrictions on Asylum and refugee claims.

- Too many spurious claims filed

- Bomber of World Trade center filed for Asylum

o Alien charged with killing two CIA agents purchased
guns with money he earned from using his Asylum based work
authorization
o
o or

- New restrictions too harsh; writing a bad check could mean
exclusion

- Suffering and death from economic oppression leads to the same
result

as persecution and death from political or religious views
1

pokerkid
Site Admin
Posts: 7781

Sure why not....

Post#2 » Tue Sep 23, 2014 9:08 pm

Michelle Peng <m.peng@educatorlabs.org>
Subject: seeking permission to cite resources from your site


Hello,

I'm the resource curator for EducatorLabs, and I’m building out our resource section (http://educatorlabs.org/resources/) with guides relevant to both teachers and students as well as the general public - helping to keep the quest for knowledge alive, I hope! The summer is a great time to work on more ‘adventurous’ topics like traveling abroad.

I’m writing to seek permission to copy out some of the citations you make on this page: http://pokerface.org/fx/viewtopic.php?p=8597.

There are several there that I think would make for nice additions! Also, I happened to notice a link on that page that’s no longer working. It’s to an important resource for more information on US Citizenship and Immigration: http://www.ins.usdoj.gov.

I found the replacement - http://www.uscis.gov/ - in case you’re still updating your site.

Below is a short list of my favorite US travel resources (so far!). When you have a chance, take a look and please feel free to include any on your site that you feel would benefit your visitors:

Traveler Information Center
http://wwwnc.cdc.gov/travel/page/travel ... ion-center

Travel Kit Itinerary
http://www.kanetix.ca/travel_kit_itinerary

Common Travel Health Topics
http://wwwnc.cdc.gov/travel/page/common ... lth-topics

Locate a Doctor While Traveling
http://www.zocdoc.com/locations

Air Travel Tips
http://www.dot.gov/airconsumer/air-travel-tips

Medicare for Travelers Outside the United States
http://www.ehealthmedicare.com/faq-am-i ... ed-states/

Travel and Tourism Sites for U.S. States and Territories
http://www.usa.gov/Citizen/Topics/Trave ... rism.shtml

National Parks and Federal Recreational Lands Park Pass for Seniors
http://store.usgs.gov/pass/senior.html

Thank you for your time!

Kind regards,
Michelle

Michelle Peng
m.peng@educatorlabs.org
EducatorLabs.org :: Cultivating. Connecting. Curating.
EducatorLabs | 2054 Kildaire Farm Rd. #204 | Cary, NC | 27518

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