Seattle Immigration Lawyer Blog

A new report out by Transactional Records Access Clearinghouse (TRAC) at Syracuse University details asylum denial rates by individual judges across the country from 2006-2010 and compares them across national trends. The national denial rate is 53.2%. TRAC states that denial rates can vary among judges because of nationality of the applicant, whether the person is represented, and the individual personal perspectives brought to the court by the judges. TRAC statistics are for judges reporting having at least 100 cases in the reporting period and having decided at least 25 of those. Nationally, 11% of asylum seekers do not have counsel, and of those, 88% of their cases are denied by immigration judges. The nationality of asylum seekers can make a difference in the statistics because asylum seekers have different types of grounds for which they seek asylum depending upon where they are from and the country conditions. The top four countries from which people seek asylum are China, Haiti, El Salvador and Columbia. However, people from over 100 countries sought asylum. Where members of a particular nationality tend to settle in the U.S. can also affect the denial statistics by judges or regional courts. Because of the risk of harm and even death to asylum applicants if forced to return home, immigration court proceedings can be, as Immigration Judge Dana L. Marks told the New York Times, "like trying death penalty cases in traffic court." Because of substantially increased enforcement, the immigration courts are inundated with cases having substantial backlogs, and judges are pressured to conclude cases.

Seattle Judges Deny More Cases Than the National Average, According To TRAC

In the Seattle Immigration Court, there are three judges downtown and one or more judges at the Tacoma based Northwest Detention Center. On occasion, some judges do double duty at both locations, and sometimes there are roving judges in Tacoma from other parts of the country. The TRAC report gives detailed statistical information by judge about caseload, denial rates, and nationality of applicants before the Court. Collectively, the Seattle/Tacoma judges denied more cases than the national average, 59-79% compared to the national 53.2% denial rate. The judge at the Tacoma Northwest Detention Center denied 79% of her cases. This is primarily because 53% of her case load are detainees who lack legal counsel compared to the national average of 11% of asylum seekers lacking counsel. In Seattle, the top countries of origin for asylum seekers were from India, Mexico, China, Guatemala, El Salvador, Kenya, Eritrea and the Ukraine.

Detainees Lack Access to Counsel and Face High Asylum Denial Rates

In a September 2010 study called Isolated in Detention, the National Immigrant Justice Center, which surveyed 150 detention facilities nationwide, found that a majority of detainees around the country lacked sufficient access to counsel. This included limited phone privileges, lack of "know your rights" briefings, lack of available affordable legal services, and insufficient pro bono services for the detainee population, with most non-governmental organizations having staffs of five or less. Given that the Obama administration has been deporting 400,000 people a year, and at any given moment there are 32,000 beds filled at detention centers, the lack of available legal services directly impacts success in court.

Continue reading "New Report Out on Asylum Denial Rates by Immigration Judge" »

Following up to my July 4th post, On Becoming a U.S. Citizen, lo and behold, to my surprise, my husband bought me "Citizen U.S.A.: A 50 State Road Trip" by Alexandra Pelosi, the book accompanying the HBO documentary produced by Ms. Pelosi and mentioned in my earlier post. The book is an excerpt of interviews in which Ms. Pelosi asked new Americans around the country:

• What are you bringing to this country?


• What do Americans take for granted?


• What did you discover when you came to America?


• What has America given you?


• What's so great about America?


• What is the hardest thing to get used to in America?


• Why did you swim the river?


• Why did you choose to become an American?


• How to become an American

The responses are varied and enlightening. From people working on national security projects, finding the cure for AIDS, developing critical software, starting a business, to having more generalized hopes and dreams, of setting goals and achieving them, to seeking fame and fortune, or personal peace and freedom, the reasons people come to America are many. And what do they find here? Things most Americans take for granted: free soda refills, refrigerators and dish washers, automated doors, drive-throughs, malls, cheerleaders, tail gate parties and Oprah; critical things: medical care, affordable college or financial aid, gay rights, the right to purchase land, and free speech -"the right to dis my president"; and other benefits: funding for artists, ability to go bankrupt, men and women going to the beach together, career hopping, co-existence among races and religions, community service, charity, and more.

There are some amusing stories in the book about how and why people became U.S. citizens, such as a woman married to a U.S. citizen CPA who appealed to his wife's "sense of cheapness" by encouraging her to naturalize to save on estate taxes, or the person who met her future spouse while standing in line at USCIS. New Americans give their advice about the many myths of living in the U.S. such as no, the streets are not paved with gold, and yes, there are homeless people here, plus tips on how to fit in: "work twice as hard"; "go to a baseball game"; "go with the flow"'; "vote on American Idol"; "go to Costco"; "learn the Constitution"; and "don't take democracy for granted." A constant theme throughout the book is the interviewees' experiences of having worked very hard from the moment of their arrival in the U.S.

USCIS swore in 24,000 new citizens on July 4th, 525 of them here in Seattle from 83 countries, ranging from age 18 to 80 years old. Will you be next?

I am sipping an early morning Starbucks bold Italian brew on this gorgeous Seattle Fourth of July and reflecting on what it means to be a U.S. citizen. Today, across the country, U.S. Citizenship and Immigration Services will be holding large-group naturalization ceremonies in stadiums, concert halls and other big venues to coincide with our country's independence day. The ceremonies will be solemn on the one hand, and full of pomp and circumstance on the other, as those taking the oath of allegiance celebrate their new citizenship status on one of the most patriotic days of the year. Having been born in the U.S. myself, I can't possibly imagine what it must feel like to achieve the lifelong dream of U.S. citizenship from the perspective of someone born abroad. However, I have been to a few of these ceremonies in the past to see my clients take the oath of allegiance, and I always get goosebumps. The room is always full of people from many different lands, who came here for such diverse reasons as job opportunities, falling in love, uniting with family, escaping economic or environmental hardship, or fleeing physical abuse or oppression. Some were even brought here as children and always thought they were U.S. citizens until as adults they learned they were not automatic citizens. Naturalization ceremonies are one of the happiest services provided by USCIS and the courts. And, to their credit, they always do a nice job making the ceremony a pleasant and meaningful experience.

When I ask my clients why they want to apply for naturalization, the most common reason given is the "desire to participate in our system" or to vote. Another common reason for some who have had green cards for many years, is because their native country finally allows their nationals to have dual citizenship or because long time permanent residents finally "feel American." Other reasons include not wanting to jeopardize having a green card taken away due to a criminal or legal mishap or abandonment of residence. Still other reasons are to qualify for scholarships, or to obtain top level security clearances or employment opportunities for certain military, government and private sector jobs. Ability to sponsor relatives is sometimes given as a reason to become American. Others have spent years learning English and studying for the test or have worked two jobs to raise the high filing fees and now feel ready to apply and be successful. Still others have served our country through military service. Whatever the reasons, new Americans undertake this solemn oath of allegiance with dedication and excitement. Many of these reasons and others are shown in a new film by Alexandra Pelosi, the daughter of Nancy Pelosi in her new documentary film, "Citizen USA: A 50 State Road Trip" in which Ms. Pelosi interviews new Americans around the country. The film airs tonight on HBO at 9pm.

Being American As a State of Mind
The citizenship ceremonies being conducted across America today are the culmination of highly technical requirements and procedures, besides being emotionally exciting for the participants and their families. Many "followed the rules" the entire way of their immigration journey while others may not have, but found ways to lawfully immigrate in the end. Some have been here just a short time, while others have been here for years.

However, there are many people for whom "being American" is a state of mind only. While most U.S.-born citizens rarely take time to pause and reflect on the enormous privilege they have to be American, there are other people living among us who currently have no chance of becoming American citizens, but have for all intents and purposes grown up in America and feel American to the core of their souls. They are the Dream Act youth - the ones who would benefit from the Dream Act pending in Congress in one form or another for the last 10 years. If Congress would just get off its duff and pass the Dream Act, thousands of young people who are American in their souls as well as in their dedication to serve our country could be set on the path toward citizenship rather than languish aimlessly in the underground in what would otherwise be the start of their careers. They have grown up here most of their lives, have no allegiance to or knowledge of any other country, who desire to go to college and/or join the military. They all want to give back to America in one way or another. They have already shown they are a politically astute and well-versed in how to effectuate change. They are force to be reckoned with. Although the various versions of the Dream Act would put these kids on a ridiculously and unnecessarily long path to citizenship, at least they would be on the road, while their current road to nowhere is no fault of their own. As I said in a previous post, A Good Mind is a Terrible Thing to Waste.

Ask every one of the Dream kids, and they will tell you that they feel American and are American in all respects except having a piece of paper and the right to vote. Aside from living in fear of deportation, they live with stresses most American teens and young people don't live with: no legal right to drive in most states, no right to work, no right to attend college or get financial aid in many states, and no right to pursue a future consistent with their talents or dreams. However, they grew up with their U.S.-born neighbors, played soccer or baseball together, participated in Scouts, took music lessons, learned about U.S. and state history, attended countless Fourth of July barbecues and watched fireworks every year that they have been in the U.S. Some are valedictorians. Others are born leaders. Still others have started nonprofits or private businesses. Most have lived in America longer than many of the people being naturalized today. "Papers:The Movie" documents the Dream Act youth and their parents, teachers and mentors who have dealt with the multiple hardships these youth experience.

Let's hope that many of today's newly naturalized citizens will exercise their new status by writing to Congress and demanding passage of the Dream Act so that this group of young people may someday experience the emotional high and awesome responsibilities of becoming naturalized citizens.