I took it as a very human look at the broken parts of the immigration process and appreciate it as such. But, yes, would have been useful to run it by someone with expertise in the area to potentially make sure to clarify specific facts.
For one, Asylum is processed through two separate agencies, USCIS (for affirmative asylum applications…
I took it as a very human look at the broken parts of the immigration process and appreciate it as such. But, yes, would have been useful to run it by someone with expertise in the area to potentially make sure to clarify specific facts.
For one, Asylum is processed through two separate agencies, USCIS (for affirmative asylum applications, which it seems Shay is. This is the "asylum interview" agency) and through EOIR (which is the agency that operates the immigration courts). Backlogs in one agency rarely affect backlogs in the other and at least with EOIR, one can file a motion to expedite if there's compelling reasons to advance trial.
For another, one of the big reasons USCIS has such a massive backlog is because the Trump administration redirected money and personnel that should have been used to process USCIS business into working for ICE. That combined with a deliberate slowdown of USCIS (including, but not limited to a reduction in staffers there) is a major reason for its disfunction today.
That said, the human element is important to keep in mind. Shay isn't an immigration attorney and shouldn't be expected to know the ins and outs of the business. It's an article that's a testament to how our immigration system (legal immigration even! USCIS doesn't handle anything that has its proper jurisdiction before the Court) hurts even those who try to do things "the right way."
Thanks for this comment. Very helpful to understanding some of the issues.
I still don’t understand how he wants Biden to fix it though. Republicans want 0 asylum claims to be adjudicated in a positive outcome for the asylum candidate. Am I missing something much more basic?
The solution, if there is one, is to hire a ton of new USCIS asylum officers. The "problem" that creates though is if you're doing that, you've also got to hire new USCIS officers at the processing centers, which speeds up legal immigration processing. Which, y'know, the nativists in the Republican Party are against, too.
I'll go through the mechanisms of how this works practically, but more USCIS asylum denials creates more workload and headache for the Immigration Courts.
I took it as a very human look at the broken parts of the immigration process and appreciate it as such. But, yes, would have been useful to run it by someone with expertise in the area to potentially make sure to clarify specific facts.
For one, Asylum is processed through two separate agencies, USCIS (for affirmative asylum applications, which it seems Shay is. This is the "asylum interview" agency) and through EOIR (which is the agency that operates the immigration courts). Backlogs in one agency rarely affect backlogs in the other and at least with EOIR, one can file a motion to expedite if there's compelling reasons to advance trial.
For another, one of the big reasons USCIS has such a massive backlog is because the Trump administration redirected money and personnel that should have been used to process USCIS business into working for ICE. That combined with a deliberate slowdown of USCIS (including, but not limited to a reduction in staffers there) is a major reason for its disfunction today.
That said, the human element is important to keep in mind. Shay isn't an immigration attorney and shouldn't be expected to know the ins and outs of the business. It's an article that's a testament to how our immigration system (legal immigration even! USCIS doesn't handle anything that has its proper jurisdiction before the Court) hurts even those who try to do things "the right way."
Thanks for this comment. Very helpful to understanding some of the issues.
I still don’t understand how he wants Biden to fix it though. Republicans want 0 asylum claims to be adjudicated in a positive outcome for the asylum candidate. Am I missing something much more basic?
I honestly have no idea.
The solution, if there is one, is to hire a ton of new USCIS asylum officers. The "problem" that creates though is if you're doing that, you've also got to hire new USCIS officers at the processing centers, which speeds up legal immigration processing. Which, y'know, the nativists in the Republican Party are against, too.
I'll go through the mechanisms of how this works practically, but more USCIS asylum denials creates more workload and headache for the Immigration Courts.