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Backlogs and bureaucracy are no excuse for the US to fail asylum seekers Backlogs and bureaucracy are no excuse for the US to fail asylum seekers
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The current migration crisis is the worst global refugee emergency since World War II, according to the United Nations. Four million displaced Syrians are concentrated in Turkey, Jordan, Lebanon and, more recently, are trickling into Europe. The US is shielded from the humanitarian dilemma by a stroke of geographic luck, but the country could do more to assist refugees – if it had the political will to fix its broken domestic asylum system. The current migration crisis is the worst global refugee emergency since the second world war, according to the United Nations. Four million displaced Syrians are concentrated in Turkey, Jordan, Lebanon and, more recently, are trickling into Europe. The US is shielded from the humanitarian dilemma by a stroke of geographic luck, but the country could do more to assist refugees – if it had the political will to fix its broken domestic asylum system.
Immigration in the US is in dire need of reform as the courts are grossly under-staffed and under-funded. Congress tries to safeguard borders by spending more money on enforcement, but it has yet to provide the immigration courts commensurate funding to handle the hundreds of thousands of new removal cases the court receives each year. A miles-long backlog – US Citizenship & Immigration Services (USCIS) had 82,175 pending asylum cases as of March – continues to plague immigration judges and keeps asylum seekers in limbo. The New York asylum office, for example, scheduled interviews in July 2015 for people who filed applications two years ago in 2013.Immigration in the US is in dire need of reform as the courts are grossly under-staffed and under-funded. Congress tries to safeguard borders by spending more money on enforcement, but it has yet to provide the immigration courts commensurate funding to handle the hundreds of thousands of new removal cases the court receives each year. A miles-long backlog – US Citizenship & Immigration Services (USCIS) had 82,175 pending asylum cases as of March – continues to plague immigration judges and keeps asylum seekers in limbo. The New York asylum office, for example, scheduled interviews in July 2015 for people who filed applications two years ago in 2013.
Limited resources forced immigration courts to re-prioritize caseloads last summer, when roughly 68,000 unaccompanied minors and 65,000 families came to the US-Mexico border from El Salvador, Honduras and Guatemala. The young people are detained upon arrival, given a credible fear interview – a necessary step for asylum – before they are referred to an immigration court to have their applications processed. Given the sensitive nature of detaining minors, “rocket dockets” were created whereby judges could work speedily through large caseloads often at the expense of fairness.Limited resources forced immigration courts to re-prioritize caseloads last summer, when roughly 68,000 unaccompanied minors and 65,000 families came to the US-Mexico border from El Salvador, Honduras and Guatemala. The young people are detained upon arrival, given a credible fear interview – a necessary step for asylum – before they are referred to an immigration court to have their applications processed. Given the sensitive nature of detaining minors, “rocket dockets” were created whereby judges could work speedily through large caseloads often at the expense of fairness.
And the numbers show no signs of waning. Widespread gang-related violence and poverty continues to push children with asylum claims to seek safety on US soil. Meanwhile, other (non-detained) asylum seekers, including Syrians fleeing war, are put on the back-burner.And the numbers show no signs of waning. Widespread gang-related violence and poverty continues to push children with asylum claims to seek safety on US soil. Meanwhile, other (non-detained) asylum seekers, including Syrians fleeing war, are put on the back-burner.
On average, each immigration judge is handling over 1,400 matters per year, some with 3,000 cases on their docket. Federal and social security judges have a comparatively low caseload of about 550 cases per year. Although the House Appropriations Committee recommended the largest increase in immigration judges history in May – $74m for 55 new immigration judges – comprehensive reform is still needed.On average, each immigration judge is handling over 1,400 matters per year, some with 3,000 cases on their docket. Federal and social security judges have a comparatively low caseload of about 550 cases per year. Although the House Appropriations Committee recommended the largest increase in immigration judges history in May – $74m for 55 new immigration judges – comprehensive reform is still needed.
A rendering of the numbers also shows that the 83% approval rate for Syrian nationals applying for asylum in the US is helping a very small portion of the 4 million displaced. Only 272 cases were approved so far in 2015 out of 636 filed and a mere 2,170 accepted applications pending the end of the year.A rendering of the numbers also shows that the 83% approval rate for Syrian nationals applying for asylum in the US is helping a very small portion of the 4 million displaced. Only 272 cases were approved so far in 2015 out of 636 filed and a mere 2,170 accepted applications pending the end of the year.
National security concerns keep the number of Syrian asylum applicants low and the overall number of Syrians lucky enough to reach the US even lower. The State Department fears that terrorist groups operating in the Middle East, especially Isis and al-Qaida, will be able to exploit an open-door, refugee resettlement program and gain entry into the country to carry out attacks. Each Syrian must be thoroughly vetted before obtaining a visa; these procedures usually take well over a year, on average, 18-24 months.National security concerns keep the number of Syrian asylum applicants low and the overall number of Syrians lucky enough to reach the US even lower. The State Department fears that terrorist groups operating in the Middle East, especially Isis and al-Qaida, will be able to exploit an open-door, refugee resettlement program and gain entry into the country to carry out attacks. Each Syrian must be thoroughly vetted before obtaining a visa; these procedures usually take well over a year, on average, 18-24 months.
The slow trickle of Syrians obtaining asylum is not purely a domestic problem. International law is also failing forcibly displaced people worldwide with narrow definitions and a limited scope of protection. In order to be eligible for asylum in the US and most Western countries, a person must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion or belonging to a particular social group. This is an international law standard codified in the 1951 Convention on the Status of Refugees, but limited to how immigration officials define “persecution.” The Board of Immigration Appeals (BIA), the agency tasked with interpreting immigration law in the US, falls short in providing adequate guidance on interpreting the term.The slow trickle of Syrians obtaining asylum is not purely a domestic problem. International law is also failing forcibly displaced people worldwide with narrow definitions and a limited scope of protection. In order to be eligible for asylum in the US and most Western countries, a person must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion or belonging to a particular social group. This is an international law standard codified in the 1951 Convention on the Status of Refugees, but limited to how immigration officials define “persecution.” The Board of Immigration Appeals (BIA), the agency tasked with interpreting immigration law in the US, falls short in providing adequate guidance on interpreting the term.
Generally, fleeing violence, conflict, or war, by itself, does not qualify as persecution. It follows that most Syrians do not automatically get asylum, despite the atrocities in their home country. Although the US also adheres to the international principle of nonrefoulement, meaning officials will not return a person to his or her home country if their life or freedom would be threatened, this is only a temporary form of relief and does not solve the shortcomings of international law.Generally, fleeing violence, conflict, or war, by itself, does not qualify as persecution. It follows that most Syrians do not automatically get asylum, despite the atrocities in their home country. Although the US also adheres to the international principle of nonrefoulement, meaning officials will not return a person to his or her home country if their life or freedom would be threatened, this is only a temporary form of relief and does not solve the shortcomings of international law.
A collaborative effort on the part of European Union Member States with US involvement in the policy-making dialogue must be initiated. Current refugee law is not equipped to deal with a humanitarian crisis of this magnitude and must be broadened to better aid forcibly displaced people, who do not make the cut as refugees. Assistance should be based on need and the seriousness of the threat, not on the motivation that makes the applicant’s home country unsafe.A collaborative effort on the part of European Union Member States with US involvement in the policy-making dialogue must be initiated. Current refugee law is not equipped to deal with a humanitarian crisis of this magnitude and must be broadened to better aid forcibly displaced people, who do not make the cut as refugees. Assistance should be based on need and the seriousness of the threat, not on the motivation that makes the applicant’s home country unsafe.
The US asylum system can also be reformed in small but meaningful ways that would ensure more efficient processing of applicants. Family reunification should become a priority for immigration courts thereby pushing up many Syrian asylum cases that get 2019 dummy court dates.The US asylum system can also be reformed in small but meaningful ways that would ensure more efficient processing of applicants. Family reunification should become a priority for immigration courts thereby pushing up many Syrian asylum cases that get 2019 dummy court dates.
The 2016 presidential candidates also have a responsibility to shift away from the xenophobic rhetoric surrounding immigration reform. The public debate should instead revolve around how to make border enforcement funding equal to the hiring of more judges.The 2016 presidential candidates also have a responsibility to shift away from the xenophobic rhetoric surrounding immigration reform. The public debate should instead revolve around how to make border enforcement funding equal to the hiring of more judges.
In the years preceding World War II, the US turned away many displaced people out of fear that enemy spies could enter the country disguised as refugees. It is impossible to estimate how many more lives could have been saved if the US responded differently. But it’s not too late to learn from past mistakes and tackle more effectual asylum and migration policies that coincide with America’s humanitarian values. In the years preceding the second world war, the US turned away many displaced people out of fear that enemy spies could enter the country disguised as refugees. It is impossible to estimate how many more lives could have been saved if the US responded differently. But it’s not too late to learn from past mistakes and tackle more effectual asylum and migration policies that coincide with America’s humanitarian values.