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A New Trump Rule Could Leave Thousands Of Asylum Seekers Out Of A Job

The Trump administration has proposed denying work permits to asylum seekers who cross the border illegally, and any that have been convicted of a felony or arrested for certain crimes. The plan would also make it so that qualified asylum seekers have to wait longer to even apply for a permit. Currently, any asylum seeker is allowed to apply for a work permit regardless of how they entered. 

The Department of Homeland Security also wants asylum seekers to pay an application fee to obtain a worker’s permit, which would make it one of four countries on the planet to do so. The proposals are another tactic to deter asylum seekers from the southern border altogether. 

Advocates find the attacks on asylum seekers to be cruel and unlawful. 

“Asylum law explicitly permits applications regardless of the manner of entry,” an asylum officer told BuzzFeed News. “To single out those asylum seekers who couldn’t afford a visa and prohibit them from obtaining lawful employment is cruel and has no basis in the law.”

The policy would make receiving a work permit nearly impossible for any migrant who does not enter at the United States port of entry. It would also change the waiting time to apply for a permit from 150 days to 365 days from the day migrants filed their asylum applications.

“Employment authorization ensures asylum-seekers the ability to support themselves while the government processes their claims. It often means access to a temporary driver’s license that has a huge liberating impact in a ton of car-centric places,” said Andrew Free, an immigration attorney. “These changes would leave more asylum-seekers dependent, vulnerable to exploitation, and in the shadows, which is exactly where the regime wants them.” 

The new guidelines would broaden the scope of which officials could terminate work authorization for asylum seekers who have unfavorable outcomes in immigration court and from asylum officers. For example, immigration officials could request an asylum application or work permit request if a migrant missed an appointment. 

“Make no bones about it, denying asylum seekers the ability to work during the two to three years the asylum process can take—thus forcing them to starve, rely on charity, or work under the table—is arbitrary and capricious,” immigration attorney Eneida M. Román told Common Wealth.

The new policy could affect tens of thousands of people.

According to CBS News, the policy would extend retroactively, which means the government could reject work permit renewals from asylum seekers that are already authorized to live and work in the United States. 

“The effects of this would be seriously significant,” Aaron Reichlin-Melnick, policy counsel at the American Immigration Council, told CBS. “We’re talking about tens of thousands of people potentially losing their jobs and hundreds of thousands no longer being eligible for work authorization.”  

Some cases can drag on for years, thus a work permit is of the utmost importance for migrants living here while they are being processed. According to Common Wealth Magazine, on average it takes two to three years for asylum to be granted.

“Because of the long delays in asylum processing, this rule means that some individuals would have to wait five or six years without being legally allowed to work,” Reichlin-Melnick said

According to BuzzFeed, the White House began aggressively pushing the policy in April. President Trump signed a memo asking U.S. Citizenship and Immigration Services to create a proposal for the policy which would then go through a process before being enacted. 

The Trump administration claimes asylum seekers are “gaming the system.” 

“Let’s not forget: People seeking asylum are legal immigrants,” said Doug Rand, a former immigration official under the Obama administration, told BuzzFeed. “This proposed rule sounds like another rush job calculated to scare vulnerable people in advance of inevitable lawsuits.”

However, Ken Cuccinelli accused many asylum seekers of being frauds. 

“Illegal aliens are gaming our asylum system for economic opportunity, which undermines the integrity of our immigration system and delays relief for legitimate asylum-seekers in need of humanitarian protection,” Cuccinelli said in a statement. “These proposed reforms are designed to restore integrity to the asylum system and lessen the incentive to file an asylum application for the primary purpose of obtaining work authorization.”

Following publication in the Federal Register, the new policy will have to go through a 30-day review period where the public can provide feedback. 

“When we wonder if the administration can go any lower, they prove that there is no bottom to the swamp by proposing a fee for asylum applications,” said Mahsa Khanbabai, the New England chapter head of the American Immigration Lawyers Association. 

“These are people who flee their homes with little but the clothes on their back, often enduring precarious conditions because of the dangerous conditions they face back home.”

The Trump Administration Raised Fees For Immigration Cases Including For Refugees

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The Trump Administration Raised Fees For Immigration Cases Including For Refugees

Drew Angerer / Getty Images

In its continuing campaign against immigrants and refugees, the Trump administration has increased the costs of immigration proceedings – in some instances by more than 80%. These new fees could make the cost of seeking asylum protection in the U.S. or becoming a citizen out of reach for tens of thousands of immigrants.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes.

The Trump administration announced major changes to the fees charged for immigration proceedings.

On Friday, the Trump administration announced it would dramatically increase the fees for U.S. immigration services on everything from refugee asylum requests to naturalization services. The new fee structure, released by U.S. Citizenship and Immigration Services (USCIS), is expected to take effect on October 2.

The new fees are seen as little more than an additional tool used by the administration to further limit immigration to the U.S. and make life more difficult for those seeking to call the U.S. homes. It will also have an outsized impact on business that hire foreign workers.

The agency, which has closed offices and suspended most services during the pandemic, has said it faces a significant revenue shortfall that could trigger furloughs. Earlier this year, the agency requested $1.2 billion in emergency funds from Congress.

The U.S. will now be one of just a few countries that actually charge refugees to file asylum requests.

Credit: Gregory Bull / Getty Images

With the new fee charged to refugees and asylum seekers, the U.S. will become one of just four countries that actually charge for this application. The new fee for asylum is a blatant attack on the most vulnerable among us and is another way for the administration to target and restrict protections for those fleeing their home countries.

The $50 application fee for asylum applications now puts the U.S. in the same ranks as Iran, Fiji, and Australia. The new rule would also raise the cost for an asylum applicant to apply for an employment authorization document (EAD) from the current zero to $490, one of many policy changes to discourage potential asylum applicants. DHS commented, “DHS does not believe that the EAD fee is unduly burdensome for asylum seekers.”

However, one asylum officer who spoke with BuzzFeed News on condition of anonymity said the fee was discouraging.

“The larger problem is that humanitarian applications by their nature should be free,” the officer said. “The idea of charging people who are fleeing — and not helping if they don’t pay up — is disgusting.”

Another asylum officer said it will cost the agency more to collect the fee than $50, “which doesn’t come close to covering the cost of adjudicating an asylum application.”

Other fees – from green card replacements to citizenship applications – will also be going up.

The new fee changes impact several categories of services offered by USCIS that will impact our community. Two of the most common types of visas issued by the agency (L and H-1B visas) will increase by 75% and 21% respectively.

The L visa – which is used for short term work in the U.S. – will increase from $460 to $805. The fee for an H-1B petition (which is used by employers to hire highly-skilled workers) will rise from $460 to $555.

For season workers in the U.S., of which there are hundreds of thousands, their fees will also increase by almost 50%. The current fee for these visas is $460 but the H-2A (season agricultural) will rise to $850 and the H-2B (seasonal non-agricultural) will rise to $715.

USCIS would increase the cost of the application (N-400) to become a U.S. citizen by more than 80%, rising from $640 to $1,160 (for online filings, although a separate $85 biometrics fee would be eliminated). 

The new increased fees come as the agency faces a financial crisis that many say are of its own making.

Many are concerned about the timing of these fee increases because USCIS is in the midst of historic mismanagement, that has face the agency from a substantial surplus to a deficit so severe USCIS has requested a $1.2 billion bailout from Congress.

Rep. Zoe Lofgren, chair of the House Judiciary’s Subcommittee on Immigration and Citizenship, held a July 29, 2020, oversight hearing that helped explain how the Trump administration caused the financial problems at USCIS through its policy choices on immigration.

“Under the Trump Administration, USCIS has issued a flurry of policies that make its case adjudications more complicated, which reduces the agency’s efficiency and requires more staff to complete fewer cases,” testified Doug Rand, a founder of Boundless Immigration and a senior fellow at the Federation of American Scientists. “There are dozens if not hundreds of such policies.” 

Trump, Living In Alternate Reality, Says The U.S. Has Less Coronavirus Thanks To His Border Wall

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Trump, Living In Alternate Reality, Says The U.S. Has Less Coronavirus Thanks To His Border Wall

Evan Vucci / Getty Images

Trump has long framed the U.S.-Mexico border wall – his vanity project – as protection from outside forces. He’s claimed that his wall will not only deter undocumented migrants from crossing the border but it will also prevent terrorism and crime and now, it provides health security.

On several occasions, Trump has tried to link his wall with protection from the Coronavirus. However, the pandemic is raging out of control within the United States. In fact, it’s other countries that are putting up barriers for Americans as they try to protect themselves from America’s failure to halt the spread of the disease.

Trump claimed that his border wall has protected the U.S. from Coronavirus.

During a Fox News interview with Chris Wallace, Trump made an absurd claim that the U.S. was protected from Coronavirus thanks to his border wall. Wallace was pressing Trump on the U.S. response to the pandemic and how it’s number one in both infections and deaths.

“But you take a look, why don’t they talk about Mexico? Which is not helping us. And all I can say is thank God I built most of the wall, because if I didn’t have the wall up we would have a much bigger problem with Mexico,” Trump told Chris Wallace.

However, Trump must be living in an alternate reality if he truly believes that his border wall has helped prevent the spread of Coronavirus into the country. The U.S. currently has 11 times more cases and far more deaths from the outbreak than Mexico. As of today, Johns Hopkins totaled more than 144,000 deaths and 3.97 million infections in the United States.

Then there’s the fact that the Trump administration has actually been very slow to build Trump’s vanity wall project. According to U.S. Customs and Border Protection (CBP), 245 miles of barrier have been built so far, including parts that replaced older barriers. That’s 245 miles of a 1,954 mile long border.

However, this wasn’t the first time that Trump has made such claims.

Long before Coronavirus had claimed it’s first known victim in the U.S., President Trump was already trying to connect the disease to the U.S.-Mexico border and his wall project.

At a rally in South Carolina on February 28, he argued that we needed to build more wall to keep the virus out, even though it was already in the country and spreading like wildfire.

“We must understand that border security is also health security,” Trump argued. “We will do everything in our power to keep the infection and those carrying the infection from entering our country.”

That same day, the U.S. had 63 known cases of COVID-19, and Mexico announced its first two confirmed cases. Nevertheless, Trump and some of his allies have continued trying to frame illegal crossings of the Mexican border as a top potential source of coronavirus in the United States.

Just this month at a visit to an Arizona segment of the border wall, Trump tried to credit his new wall with stopping both undocumented immigration and the Coronavirus.

“It stopped COVID, it stopped everything,” Trump said.

His comments sparked outrage on both sides of the U.S.-Mexico border.

Trump is known for uttering complete falsehoods – he’s told more than 20,000 since taking office. But these comments about his wall protecting the U.S. from Coronavirus (as it rages within our borders) left many shocked.

In Mexico, President AMLO was asked about Trump’s assertion that construction of the border wall has prevented Coronavirus contagion coming north from Mexico. Although AMLO acknowledged he doesn’t agree with Trump, he also wouldn’t confront him.

“I respect President Trump’s point of view,” López Obrador told reporters during a daily press conference. “Of course I don’t share his opinion, but I’m not going to confront [Trump],” he added.

Both countries have been hit hard by the pandemic, but the U.S. leads the world in infections and deaths.

It’s true that Mexico has also been hit hard by the pandemic. The country is currently ranked seventh globally in terms of the number of infections and fourth in number of deaths. As of July 22, Mexico has 356,255 confirmed Covid-19 cases and has suffered more than 40,000 deaths. Although those numbers are disheartening, they pale in comparison to the figures seen in the United States.

And although the virus has spread aggressively in both countries, Mexican governors of states that border the U.S. have called for stricter border controls to protect their residents. States along the southern border (including California, Arizona, and Texas) have become the new epicenter for the virus in the United States and Mexicans hope to prevent contagion into their states.