You call this justice?
Here's more proof that we need to reform our immigration system. Researchers have uncovered that immigration justice is not fair. Judges grant asylum to applicants at differing rates -- depending on where you apply. Miami's judges scrape the bottom of the barrel.
Worse: If you're a Haitian asking for asylum in immigration courts in Miami, your chances -- in comparison to other nationalities and in other places -- is very slim.
Is justice color blind? Doesn't sound like it.
Worse: If you're a Haitian asking for asylum in immigration courts in Miami, your chances -- in comparison to other nationalities and in other places -- is very slim.
Is justice color blind? Doesn't sound like it.
posted by Ana Veciana-Suarez at 9:35 AM
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5 Comments:
Just looking at grant/deny numbers won't tell you the whole story. You need to dig a little deeper to make meaningful criticisms on this subject. I don't think there's any doubt that there is disparity between different judges in asylum denial rates.
However, have you thought of the possibility that the vast majority of Haitian asylum claims are fraudulent? I'll bet if you really did a study on the validity Haitian asylum claims (i.e. based on actual statutory eligibility) you'd find that over 95% of Haitians are economic refugees--not political refugees. Unfortunately, economic refugees are not protected by the law.
Economic refugees from other high-volume nations (Mexico, Honduras, Guatemala, etc.) rarely even ask for asylum, because there is not even a chance they'll get it. However, real political refugees from other nations are granted because their claims are more meritorious and based on the protections under federal law. This creates what appears to be a major discrepancy. Looking at the numbers alone won't tell the story.
Additionally, you fail to realize that most meritorious asylum claims are granted by the immigration service before being referred to an immigration judge. Typically, only the weakest cases are being adjudicated by immigration judges. This will also account for high denial rates by immigration judges.
I know of a case that after 14 years of living in the US asylum was denied. This family has two US born children, the oldest one in the last year of high school and their 14 year olds son. They were deported without any consideration or evaluation of their case. Profesionals, english spoken, taxes paid, college paid for their children, and a lot of positive in their profiles.
I think after 14 years immigration can not destroy a life of a family at least give them a chance especially if they are people who brought culture and positive things. I am not talking about people coming illegal via the border. These are people who entered legally and asylum was granted by the immigration department. After all these years they have a life in this country and they are 14 years older. Seems to me that it's easier to deport them than to open their files and evaluate them.
They should evaluate in a case by case basis. Not all immigrants are the same. An evaluation would help to get rid of criminals.
Well, illegal Mexicans are certainly economic immigrants and they are protected by law. They are not escaping political persecution and the Bush Administration has had friendly relations with the Mexican government. A government that encourages its citizens to break our laws, by the way. Yet, millions of illegal Mexicans have been given amnesty. Haitians are in far worse poverty than Mexicans, they live in fear of violence and natural disasters, and even under those conditions they rarely get such amnesty. How do you account for that?
Some judges have more tolerance for lies and deceit. Those in South Florida apparently do not.
The U.S. Government should grant green cards to everyone that wants to come to the United States legally or illegally. Americans aren't enforcing immigration laws anyway. So, let's give citizenship to everyone. We didn't learn anything from 9/11. We were attacked by illegal immigrants who were in the U.S., in Florida, with fake and expired visas and passports. We haven't done anything to protect ourselves. We might as well admit everyone because we obviously can't prevent them from coming anyway.
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