Comments by "Scott Farner" (@scottfarner5100) on "Chip Roy Fires Back At Pramila Jayapal During Intense Debate On Immigration" video.
-
6
-
3
-
2
-
2
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
Under the United States’ international obligations and domestic immigration law, immigrants cannot be returned to their home countries if they would be subject to persecution or suffer torture at the hand of their government. To qualify for asylum, you must be unable or unwilling to return to your country because you have been persecuted in the past or have a well-founded fear of persecution because of your political opinion, religion, race, nationality, or membership in a particular social group. With some exceptions, you must apply for asylum within one year of entering the United States.
If you are inside the United States and are either in lawful status, overstayed your status, or entered illegally you can affirmatively apply for asylum with US Citizenship and Immigration Services (USCIS) by filing form I-589. The general categories of people eligible for asylum or withholding of removal are those who will be or have been persecuted because of one of the following categories:
1. Religion
2. Ethnicity
3. Nationality
4. Political opinion
5. Membership in a particular social group
Asylum seekers may apply either when they arrive in the United States, or after they enter. In order to be able to be eligible for Asylum you must apply within one year of your entry into the US, although there are exceptions such as if you were in legal status, were a minor when you entered, or even if you suffered from Post-traumatic stress disorder (PTSD).
Individuals who fail to file within one year and don’t qualify for an exception are ineligible for asylum but may still apply for withholding of removal. Although the requirements are generally the same, asylum status is more beneficial for a variety of reasons. Asylees are able to adjust to permanent residency and get their green cards, therefore being placed on the path to citizenship. Asylees can also sponsor spouses and children if they remain overseas.
1
-
The Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security to exercise discretion to temporarily allow certain noncitizens to physically enter or remain in the United States if they are applying for admission but do not have a legal basis for being admitted. DHS may only grant parole if the agency determines that there are urgent humanitarian or significant public benefit reasons for a person to be in the United States and that person merits a favorable exercise of discretion. Grants of parole are made for limited periods of time, often to accomplish a discrete purpose, and individuals are typically expected to depart the United States when the authorized period expires unless another form of status or relief is conferred.
While individuals who receive a grant of parole are allowed to enter the United States, they are not provided with an immigration status nor are they formally “admitted” into the country for purposes of immigration law. An admission occurs when an immigration officer allows a noncitizen to enter the United States pursuant to a visa or another entry document, without the limitation of parole. The distinction between an admission and parole is a significant one under immigration law.
Who Has Authority to Grant Parole?
The Secretary of Homeland Security has delegated parole authority to the three immigration agencies within DHS: U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE).
USCIS adjudicates many of the parole requests made by individuals seeking to enter the United States for humanitarian reasons, while ICE typically handles parole requests related to court hearings or intelligence matters, as well as parole from immigration detention. ICE has separate jurisdiction over decisions about whether or not to parole detained individuals out of ICE custody, including “arriving aliens” who establish a credible fear of persecution or torture. CBP has authority to make parole decisions at ports of entry. For example, it can parole noncitizens fleeing persecution and who wish to apply for asylum. It also may parole individuals for “deferred inspection,” which means that they permit an individual to enter the United States, but they schedule a subsequent interview to address unresolved issues about their admissibility.
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
East Bay Sanctuary vs Trump. Page 21 of the federal courts decision when they reversed Trumps policy of separating children from asylum seekers who crossed the border between check points. "Congress’s determination that place of entry not be disqualifying to an application for asylum is consistent with the treaty obligations underlying §1158’s asylum provisions. Congress enacted the Refugee Act of 1980, including 8 U.S.C. §1158, “to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees, 19 U.S.T. 6223, T.I.A.S. No. 6577, to which the United States acceded in 1968.” Because the Protocol is not “self-executing,” it “does not have the force of law in American courts.” Khan v. Holder, 584 F.3d 773, 783 (9th Cir. 2009). Nonetheless, it provides “a useful guide in determining congressional intent in enacting the Refugee Act.” Id.(citation omitted); see also Cardoza-Fonseca, 480 U.S. at 436-37.Of particular relevance here, Article 31of the Protocol provides: The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of [A]rticle 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.19 U.S.T. at 6275 (emphasis added).Considering the text and structure of the statute, as well as the interpretive guide of the U.N. Protocol, reveals Congress’s unambiguous intent. The failure to comply with entry requirements such as arriving at a designated port of entry should bear little, if any, weight in the asylum process. The Rule reaches the opposite result by adopting a categorical bar based solely “[a]n alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.” Inadmissible aliens are generally placed in full removal proceedings"
§1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title...
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1