Men and women gather with signs on Farrand Field on the CU campus for the immigration rally before the GOP debate tonight in Boulder.(Oct. 28, 2015)(Danny Anderson/CU Independent)
Opinion pieces do not necessarily reflect the views of the CU Independent or its staff.
The media often highlights that asylum seekers who’ve made it to the U.S. have done so illegally. While this may be true, focusing on the legality of peoples’ journey to escape their struggle diverts our focus from the reasons that people are seeking asylum in the first place.
There are countless reasons why people need to seek asylum: war, political unrest, religious or political persecution, discrimination, subjugation – the list goes on. Making it to the United States is a battle in itself, and becoming a legal refugee, asylum seeker, or immigrant is a whole new fight. Instead of focusing on if people enter the country legally, we must focus on how we can make their transition easier.
A newly proposed rule by the Biden Administration would restrict families who have entered the U.S. illegally and institute a five-year ban for their re-entry. Families risk the unimaginable in order to make it to the United States. This shows how much worse the hostilities they face in their home country must be. Many of the families do not have the time to wait to come to the U.S. legally or the money to pay for travel. For some families, unsafe or illegal options are sadly the only possibility to escape their tumultuous situations. Many are unclear on the legal process of seeking refuge, asylum, or becoming an immigrant. Closing the border cuts them off.
In more detail, it can cost $1,200 to attain a green card for an applicant living abroad (and $1,760 for non-refugee applicants living in the U.S.), according to Boundless. This excludes medical examinations ranging from $100-$500. It should be noted that admitted refugees are exempt from paying the application form and biometrics fees, saving about $1,225. But unfortunately, this is only for admitted refugees.
Now, becoming a registered refugee requires receiving a referral for consideration from the United States Refugee Admissions Program. According to the USCIS, after receiving a referral, “you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.” The criteria for eligibility consist of qualifying under a designated processing priority, meeting the definition of being a refugee, not being firmly settled in a third country, and being admissible under U.S. law. United States Citizenship and Immigration Services officers evaluate applicants’ credibility and consider the conditions in their country of origin.
Additionally, there are three ways to obtain asylum in the United States. The first way is through affirmative asylum processing with USCIS in which you submit an Application for Asylum and for Withholding of Removal, regardless of your immigration status or how you entered the country (which is subject to change if Biden’s proposed rule is passed.) If your case is declined, your immigration status will not be legal, you will then receive a notice to appear in court and you will be referred to an immigration judge. Another option for seeking asylum is through an Asylum Merits Interview with USCIS after a “Positive Credible Fear Determination.”
Migrants who “are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to their country, will be referred to USCIS for a credible fear screening,” according to the USCIS. A USCIS officer will conduct a screening to determine whether immigrants have a credible fear of persecution or torture, an officer who’s likely never endured such circumstances. If the officer decides you have a credible fear, he may either retain and consider your application for another interview to ensure eligibility for asylum or he may order you to appear before an immigration judge for consideration. Simple, right?
The last option is achievable through an appeal process, the Defensive Asylum Processing with the Executive Office for Immigration Review. Applicants can appeal if they are denied asylum by an immigration judge, apprehended without legal documents or undergo an Asylum Merits interview. Immigration judges again hear these asylum cases to dictate eligibility. If you are ineligible, you will be evaluated for other forms of relief. If that fails, you will be removed from the United States.
It’s a lot. Now imagine if English were not your first language.
Some argue that undocumented immigrants are “stealing” jobs from Americans – an argument unsupported by recent data. As cited in a 2020 Pew Research Center survey, about 77% of adults say undocumented immigrants mostly fill jobs U.S. citizens do not want, while 21% say undocumented immigrants fill jobs U.S. citizens would like to have.
Yet 94% of Hispanic immigrants argue that immigrants work jobs citizens do not want. Many immigrants are not granted the luxury of choosing their job and must resort to what is available. Immigrants have as much of a right as natural-born citizens to support themselves. It is also mentioned in the article that documented and undocumented immigrants work heavily in certain industries like food, agriculture, construction, service, and farming. The majority of Americans are not seeking these jobs.
The Biden administration’s new proposed rule limits options for asylum seekers in the U.S., forcing them to seek asylum at official country borders. Not only will it cause legal centers to receive more applicants than they can handle, but it will also force more families into immigration detention centers which are known to have abhorrent conditions, ranging from overcrowding, cold temperatures, lack of proper medical care, neglect, sexual abuse, and sexual assault. The proposed rule is open until March 27, 2023, for public comment before it goes into effect. To prevent it from having the consequences mentioned, consider making a comment on the proposed rule [1615-AC22].
In regard to CU Boulder, the university, fortunately, offers an array of resources for undocumented students and staff, Deferred Action for Childhood Arrivals (DACA) beneficiaries, and first-generation students through the Center for Inclusion and Social Change. CU Boulder has more than 3,800 first-generation students and X undocumented or DACA beneficiaries. These communities can utilize financial support, confidential counseling, academic advising, and most importantly legal assistance relating to immigration, removal defense, and DACA renewal assistance. CU Boulder’s accommodation and care for immigrant populations can help alleviate their stress, it is unfortunate that universities across the country don’t provide aid in this capacity.
The focus on refugees and asylum seekers has continually been related to the legality of their entrance into America. If we truly care about helping families, creating more options for people to seek asylum and refuge in America is a sure way to assist in their struggle.
Contact CU Independent Guest Writer Nicholas Johnson at nicholas.johnson-2@colorado.edu.
