The Future?—?Today & Tomorrow’s Immigration Policy Series?—?Just the Truth Part Two

Welcome back for part two of The Future?—?Today & Tomorrow's Immigration Policy Series. In our first edition, we provided background on our Immigration laws, the impediments to passing new immigration laws and some of the realities about our Southern Border situation (the MAGA Dictatorship Republican lies aren't true, please check out part one at https://www.dhirubhai.net/pulse/future-today-tomorrows-immigration-policy-series-4497c/?trackingId=5jI9Q%2FeGS9iMa%2BbQLhbGRQ%3D%3D ). The importance of our series is heightened by the racist lies about Immigrants regardless of legal status, by Donald Trump, J.D. Vance and people in the MAGA Dictatorship Republican movement. Quick editorial note, no immigrants, documented immigrants such as those in Springfield Ohio and undocumented immigrants are not eating pets, people or any of the dehumanizing Anti-American hate speech that comes from the MAGA movement. Please educate everyone you know about the facts and help people reject such lies.

To recap, our series will address our actual legal structure of our immigration system and we will present our series in a question and answer format model to hopefully make it easier to follow. Part Two of our series will provide an overview of the detailed vetting process for immigrants who reach our Southern and Northern borders across the various immigration pathways.

The Asylum process

Question: The MAGA Dictatorship Republican elected officials, candidates for office and MAGA Mainstream Media repeatedly says we don’t know who is coming into our country via the Southern Border and that we don’t screen or verify who the people are that request asylum at the Southern Border, is this true or a lie??

Answer: No, despite the MAGA Dictatorship Republicans lies, The United States has comprehensive procedures for asylum and refugee immigration processes, that while it needs improvement, we know who is coming to our country. Here’s an overview of these processes:

Receiving and considering a claim of asylum[1] under current U.S. laws involves multiple steps. Here are the key stages in the process[2]:

1. Expression of Fear of Persecution or Torture: An individual in expedited removal proceedings expresses a fear of persecution or torture, or a fear of return to their country, to U.S. Customs and Border Protection (CBP) officers.
2. Credible Fear Screening[3]: The individual is referred to USCIS for a credible fear interview conducted by an asylum officer to determine whether there is a credible fear of persecution or torture.
3. Outcome of Credible Fear Screening: If credible fear is found, the individual is either retained for an Asylum Merits Interview or issued a Notice to Appear before an immigration judge (IJ). If no credible fear is found, the individual can appeal to an immigration judge.
4. Asylum Merits Interview: If the case is retained by USCIS, a non-adversarial interview is conducted to consider eligibility for asylum, and determinations for withholding of removal or protection under CAT (Convention Against Torture) are made based on the record before USCIS.
5. Decision by USCIS Asylum Officer: If asylum is granted, the individual receives a grant letter with information on benefits and procedures. If asylum is not granted, the individual and any dependents are issued a Notice to Appear in streamlined removal proceedings where they can present their asylum claim before an IJ.
6. Immigration Court Proceedings: If referred to an IJ, the individual presents their asylum claim in court. The judge reviews the case de novo and decides whether to grant asylum.
7. Post-Decision Steps: If granted asylum, the individual can apply for a Green Card one year after being granted asylum and may petition to bring family members to the U.S.. If denied, the individual may be subject to removal from the U.S. unless they qualify for other forms of relief.
8. Background and Security Checks: Throughout the process, the individual undergoes various background and security checks.

Each step is crucial, and the duration and complexity of each phase can vary based on individual circumstances.

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Question: How many steps are involved in doing the various background and security checks on people seeking asylum in the U.S.?

Answer: There are detailed and complicated steps for the background and security checks[4] for asylum seekers in the U.S.. Here’s some of the steps involved:

1. Biographical Information Check: This includes verifying the identity of the asylum applicant and checking their background information against law enforcement databases. It may involve checks against both domestic and international law enforcement and intelligence databases.
2. Biometric Data Collection: The asylum seeker's fingerprints are collected and checked against the FBI's database. This step helps identify any criminal history or previous immigration violations.
3. USCIS's Automated Biometric Identification System (IDENT) Check: This system checks the applicant's biometric data for immigration history, travel movements, and any law enforcement or national security concerns.
4. Interagency Security Checks: These involve screening the applicant's biographical and biometric data through various agencies, including the National Counterterrorism Center (NCTC) and other intelligence community partners. This step helps identify any national security concerns.
5. FBI Fingerprint Check: This is specifically for checking the applicant's criminal history and any past interactions with law enforcement that are in the FBI's database.
6. Department of Defense Holdings Check: This step involves checking biometric records collected by the Department of Defense in areas where it has had a significant military presence.
7. Continuous Monitoring: Throughout the process, the applicant's information may be subject to ongoing checks to ensure no new relevant information arises that would affect their eligibility for asylum.

These checks are designed to ensure that individuals seeking asylum do not pose a threat to public safety or national security. The depth and extent of these checks can vary based on individual cases and specific circumstances.

Question: Can a person seeking asylum avoid going through these process steps and gain entry to the U.S.?

Answer: No, a person seeking asylum in the U.S. cannot typically avoid the established process steps, including background and security checks, and still gain legal entry. The U.S. asylum process is designed to be thorough and comprehensive, ensuring that those granted asylum genuinely meet the criteria for protection under U.S. immigration law and do not pose a threat to public safety or national security.

Here are key reasons why bypassing these steps is not feasible:

1. Legal Requirements: U.S. immigration law requires that all asylum seekers undergo a credible fear interview and, if applicable, an asylum merits interview. These interviews assess the legitimacy of their fear of persecution in their home country.
2. Security and Background Checks: These checks are mandatory and are designed to identify any criminal history, immigration violations, or security concerns. Skipping these checks would be contrary to U.S. immigration policy and law.
3. Entry Points and Border Control: At ports of entry, U.S. Customs and Border Protection (CBP) officers are responsible for enforcing immigration laws. Individuals presenting themselves without undergoing the required processes are likely to be detained and possibly placed into removal proceedings.
4. Immigration Courts: For those not granted asylum by USCIS, the next step is often to appear before an immigration judge. Attempting to bypass this step would mean evading a critical legal process.
5. Potential Consequences: Avoiding the asylum process can lead to legal consequences, including deportation and being barred from future entry into the U.S.
6. Integrity of the Asylum System: The U.S. asylum system is based on principles of international and domestic law designed to protect genuine refugees. Circumventing this process undermines the integrity of the system and the protection it offers.

In summary, while the asylum process can be lengthy and complex, it is a necessary and legally mandated procedure for those seeking protection in the U.S. Avoiding these steps is not only impractical but also legally inadmissible.

The Refugee process

Question: How many process steps exist in considering a refugee claim for admission under the current U.S. process and laws?

Answer: No one just comes into America without going through one of the process paths, including refugee status under the U.S. Refugee Admissions Program (USRAP). Considering a refugee claim for admission under current U.S. process and laws involves several key steps[1]:

1. Referral to the U.S. Refugee Admissions Program (USRAP)[2]: Refugees are often referred by the United Nations High Commissioner for Refugees (UNHCR), U.S. Embassy, or a non-governmental organization.
2. Preliminary Assessment and Resettlement Support Center (RSC) Interview: The RSC conducts preliminary interviews and collects biographic and other relevant information.
3. Biographic and Biometric Checks: This includes checks by the Department of State (DOS), FBI, and other U.S. agencies for security concerns, criminal history, and identity verification.
4. USCIS Interview: USCIS officers conduct in-person interviews with refugees to assess eligibility based on the criteria of persecution risk due to race, religion, nationality, political opinion, or membership in a particular social group.
5. Adjudication of Refugee Status: USCIS officers decide whether the individual qualifies as a refugee and whether they pose any security risk.
6. Medical Screening: Refugees undergo a medical screening to identify any public health concerns that need attention before arrival in the U.S.
7. Cultural Orientation and Pre-Travel Processing: Refugees receive cultural orientation and complete necessary pre-travel processes.
8. Travel Arrangements: The International Organization for Migration (IOM) typically arranges travel to the U.S., often funded through a loan to the refugee that is repaid after settling in the U.S.
9. Arrival in the United States: Refugees are admitted to the U.S. and usually assisted by a voluntary resettlement agency for initial resettlement support.
10. Post-Arrival Services and Integration: Refugees receive assistance with integration, including obtaining social security cards, enrolling children in school, finding employment, and connecting with community resources.

These steps are designed to ensure that those admitted as refugees genuinely face persecution risks and do not pose security threats to the United States[3]. The process can be lengthy, reflecting the need for thorough vetting and preparation for resettlement.

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Question: If a refugee seeks a claim for admission at the U.S. Southern Border without a referral from the USRAP, how is their claim for admission handled?

Answer: If a refugee seeks a claim for admission at the U.S. Southern Border, specifically from Central American countries (El Salvador, Guatemala, Honduras), the Central American Minors (CAM)[1] program outlines a specific process:

1. Program Eligibility and Application: The CAM program is designed for certain qualified children from El Salvador, Guatemala, and Honduras, along with certain family members. Parents or legal guardians lawfully present in the U.S. can request access to the program for qualifying children. The qualifying child must be unmarried, under 21, and a national of these countries. Sometimes an in-country parent of the qualifying child may also qualify.
2. Program Reopening and Phases: The CAM program was restructured and reopened in two phases. The first phase focused on reopening and processing eligible applications that were closed when the program was terminated in 2018. The second phase expanded eligibility to include more categories of legal guardians in the U.S..
3. Enhancements to the Program: Enhancements include gathering additional information during CAM parole adjudication to confirm the child’s relationship with a parent or legal guardian in the U.S. and provisions for individuals who requested access to CAM for their children before February 2018 but were not afforded a parole determination.
4. Affidavit of Relationship (AOR) Filing: A qualifying parent or legal guardian in the U.S. may file an AOR with the assistance of a designated resettlement agency. There is no fee for this application. DNA relationship testing is required between individuals claiming a biological parent-child relationship.
5. Interview and Refugee Status Determination: USCIS officers interview the qualifying child and eligible family members to determine who may be approved for classification as a refugee. Eligibility for refugee status is determined on a case-by-case basis.
6. Consideration for Parole: If individuals are found ineligible for refugee status, they may be considered for parole into the United States for urgent humanitarian reasons or significant public benefit. Parole does not provide permanent immigration status but allows lawful presence in the U.S. temporarily.
7. Review of Refugee Application: In case of a denial of a refugee application, there is no appeal process, but USCIS may review a case upon timely receipt of a Request for Review (RFR) from the principal applicant or a third party.
8. Case Reopening Requests: If a parole case was administratively closed, the applicant may contact USCIS to request reopening of the case.
9. Re-Parole Requests: Individuals already paroled under CAM but without an immigration status in the U.S. must request re-parole to lawfully remain in the U.S. past their initial parole expiration. This is considered on a case-by-case basis.

This process is specific to the CAM program and may differ from general refugee claims at the U.S. Southern Border. For refugees from other regions or those not eligible under the CAM program, the process may involve different steps and criteria.?

Question: How does the refugee claim for admission process at the U.S. Southern Border function differently for adult parents and adults with no children??

Answer: The refugee claim for admission process at the U.S. Southern Border can function differently for adult parents and adults with no children, particularly in relation to programs like the Central American Minors (CAM) program. Here’s how these differences generally manifest:

For Adult Parents (Specifically under CAM Program):

1. Eligibility to Petition: Adult parents who are lawfully present in the U.S. can petition for their children under the CAM program. This includes those with certain immigration statuses like lawful permanent residence, Temporary Protected Status, parole, deferred action, deferred enforced departure, or withholding of removal.
2. Petition Process: These parents can file an Affidavit of Relationship (AOR) for their children who are nationals of El Salvador, Guatemala, or Honduras, and are unmarried and under 21 years of age.
3. Family Reunification Focus: The CAM program is designed specifically for family reunification, allowing parents in the U.S. to bring their children to the country legally.
4. Parole Consideration: If the children are found ineligible for refugee status, they may still be considered for parole into the U.S. Parole allows them to lawfully enter and live temporarily in the U.S. and to apply for work authorization.

For Adults With No Children:

1. General Asylum Process: Adults without children typically go through the general asylum process, which is not specifically tailored for family reunification.
2. Credible Fear Interview: Upon arrival at the U.S. Southern Border, they may express a fear of persecution or torture in their home country, leading to a credible fear interview by a USCIS asylum officer.
3. Detention and Court Proceedings: Depending on the outcome of the credible fear interview, they may be detained and placed in removal proceedings before an immigration judge.
4. No Special Petition Privileges: Unlike the CAM program, there is no specific petition process for these individuals to bring family members. Their process is more focused on individual protection rather than family reunification.
5. Broader Eligibility Criteria: Their eligibility for asylum is not limited to specific countries (like the CAM program) and is assessed based on their fear of persecution on grounds of race, religion, nationality, membership in a particular social group, or political opinion.

Key Differences:

• Purpose: CAM is designed for family reunification, specifically for minors from certain Central American countries, while the general process caters to individual protection needs of adults.
• Process: CAM involves a petition by a U.S.-based parent or guardian, whereas the general process involves direct applications by the individuals.
• Eligibility: CAM eligibility is tied to the parent or guardian’s status in the U.S. and the child’s nationality, while general refugee eligibility is broader and based on the individual’s circumstances and fear of persecution.

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Question: What are the detailed steps for the U.S. refugee background and security screening process?

Answer: We have detailed administrative rules and Statutory laws in place driving this process. The U.S. refugee background and security screening process involves several detailed steps designed to ensure that individuals admitted as refugees do not pose a threat to public safety or national security[2]. These steps include:

1. Initial Refugee Screening by Resettlement Support Centers (RSCs): RSCs conduct preliminary interviews and collect biographical information from applicants. This stage involves gathering detailed personal history, including family information, education, and employment history.
2. Biographic Checks: DOS Consular Lookout and Support System (CLASS): The Department of State initiates CLASS name checks for all refugee applicants, which includes checking primary names and any variations used by the applicant against various databases. Security Advisory Opinion (SAO): Conducted by the FBI and intelligence community partners, SAO biographic checks are for certain groups and nationalities that require a higher-level check. These checks must be cleared before USCIS completes refugee adjudication. Interagency Check (IAC): Screens biographic data including names, dates of birth, and other data points for all refugee applicants within designated age ranges. It's conducted by the RSCs and provided to intelligence community partners, including the National Counterterrorism Center (NCTC).
3. Biometric Checks: FBI Fingerprint Check: This check goes through the Next Generation Identification system for criminal history and previous immigration data. DHS Automated Biometric Identification System (IDENT): Checks travel and immigration history for non-U.S. citizens, as well as immigration violations and law enforcement and national security concerns. Department of Defense (DOD) Holdings Check: This biometric record check covers DOD holdings collected in areas where DOD has had a significant military presence.
4. Enhanced Fraud Detection and National Security (FDNS) Review: This involves classified and unclassified research, screening data against publicly available social media, and synthesizing this information in an assessment for the interviewing USCIS officer.
5. USCIS Interview: Conducted by highly trained USCIS officers, this interview is a crucial part of the refugee screening process. It involves confirming basic biographic data, verifying the applicant’s access to USRAP, determining if the applicant has suffered past persecution or has a well-founded fear of future persecution, and assessing their admissibility to the U.S..
6. Controlled Application Review and Resolution Process (CARRP): CARRP is a USCIS-wide process for handling cases with national security concerns. It identifies individuals or organizations with links to terrorism, espionage, sabotage, or illegal transfer of goods, technology, or sensitive information.
7. Medical Screening: All refugee applicants undergo medical screening to identify any public health concerns.
8. Final Admissibility Determination by CBP: Even after a refugee is approved by USCIS, the U.S. Customs and Border Protection (CBP) must find them admissible to the U.S. This inspection occurs upon their arrival at a U.S. port of entry.

This comprehensive and multi-layered process ensures thorough vetting of refugee applicants to address security concerns, while also fulfilling the U.S.’s humanitarian obligations to protect refugees.

Question: How about the U.S. Temporary Protected Status immigration program? That's how the immigrants in Springfield Ohio got into America, what is the process for the TPS program[1]?

Answer: The U.S. Temporary Protected Status (TPS) immigration process is a humanitarian relief program for foreign nationals who cannot safely return to their home countries due to ongoing conflicts, environmental disasters, or other extraordinary conditions. Immigrants accepted into the TPS program are legal U.S. immigrants, so every TPS immigrant in Springfield Ohio is a Legal U.S. Immigrant. Here's an overview of the process:

General Overview of TPS

• Purpose: TPS is granted by the Secretary of Homeland Security to individuals from designated countries who cannot return home safely due to conditions preventing safe return.
• Designation Criteria: Countries can be designated for TPS due to ongoing armed conflict, environmental disasters, epidemics, or other extraordinary and temporary conditions.
• Eligibility: To be eligible for TPS, individuals must be nationals of a designated country, have filed for status during a specified registration period, and have been continuously physically present in the U.S. since a designated date.

Benefits and Conditions

• Protection from Removal: TPS holders are not removable from the U.S. and are not detainable by the Department of Homeland Security (DHS) based on their immigration status.
• Employment and Travel Authorization: TPS holders are eligible for an Employment Authorization Document (EAD) and travel authorization.

Current TPS Status

• Numbers and Locations: As of March 31, 2023, the U.S. provides TPS to approximately 610,000 foreign nationals from 16 countries. TPS holders reside all over the U.S., with the largest populations in Florida, Texas, California, New York, and Virginia.

Expiry and Extensions

• Expiration Dates: TPS designations have specific expiration dates, which are subject to extension by the Secretary of Homeland Security after reviewing country conditions. Extensions can be for 6, 12, or 18 months and must be decided upon at least 60 days before the current expiration.

Recent Legal Changes and Contributions

• Rescinding Terminations: The Biden administration rescinded Trump-era terminations of TPS for El Salvador, Honduras, Nepal, and Nicaragua, extending protections for another 18 months.
• Economic Contributions: TPS holders contribute significantly to the U.S. economy, particularly from El Salvador, Honduras, and Haiti.
• Workforce Participation: Many TPS holders work as essential critical infrastructure workers in various sectors, including healthcare and food services.

Documentation for TPS

• Most Recent Notices: The Executive Office for Immigration Review provides updates on TPS designations, extensions, and redesignations for various countries like Afghanistan, Burma (Myanmar), Cameroon, El Salvador, and Ethiopia.

In summary, TPS is a critical program providing temporary refuge and work authorization to individuals from designated countries experiencing significant disruption. The program is characterized by periodic reviews and extensions, contributing to the U.S. workforce and economy while offering protection to those who cannot safely return to their home countries.

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Question: What is the screening process for Temporary Protected Status applicants and how detailed is the screening process?

Answer: The screening process for Temporary Protected Status (TPS) applicants in the United States is thorough and detailed, involving several steps to ensure that beneficiaries do not pose a security risk and meet the eligibility criteria. Here is an overview of the screening process:

Initial Application and Eligibility Check

1. Application Submission: Applicants must file Form I-821, Application for Temporary Protected Status, along with Form I-765, Application for Employment Authorization, if they seek work authorization.
2. Eligibility Verification: USCIS verifies that the applicant is a national of a country designated for TPS and checks for the continuous physical presence and continuous residence requirements.
3. Criminal and Security Background Checks: Applicants undergo rigorous security checks, including fingerprinting and biographic checks. This involves vetting through multiple security databases to identify any criminal history, immigration violations, or national security concerns.

Detailed Security Screening

1. FBI Fingerprint Checks: Fingerprints are run through the FBI’s database to check for criminal records and other relevant security information.
2. Interagency Checks: The applicant's data is checked across various federal agencies, including the Department of Homeland Security (DHS) and the Department of Defense (DoD), for any potential security threats or past violations of U.S. laws.
3. Name and Biographical Checks: USCIS conducts thorough name and biographical information checks against a range of databases, including those related to terrorism, organized crime, and other national security concerns.
4. Immigration History Review: The applicant’s immigration history is reviewed to ensure they have not been involved in activities that would disqualify them from TPS, such as persecution of others or involvement in terrorist activities.

Additional Screening Steps

1. Health-Related Grounds: While not a formal part of TPS screening, applicants may be assessed for public health-related grounds of inadmissibility, especially if they apply for an adjustment of status later.
2. Review of Prior Immigration Violations: Any past immigration violations or deportations are reviewed to determine if they impact the applicant's eligibility for TPS.

Continuous Monitoring

• Ongoing Checks: Even after granting TPS, beneficiaries can be subject to ongoing monitoring. If new information arises indicating that a beneficiary no longer meets the criteria for TPS or poses a security risk, their TPS can be withdrawn.

Summary

The screening process for TPS applicants is comprehensive and designed to ensure that beneficiaries meet all eligibility criteria and do not pose a security threat to the United States. This process includes multiple layers of background checks and vetting against various security and law enforcement databases, reflecting the U.S. government’s commitment to maintaining national security while providing temporary protection to nationals of designated countries.

In a nutshell, persons who come to our Southern Border and are processed through the Asylum, Refugee or Temporary Protected Status programs are vetted fully, will be immediately turned around if they have criminal records and if they are granted initial entry via one of these options, have a rigorous process to manage where these immigrants are in America. This system isn't perfect however. It needs more staffing, newer rules for claims consideration and final status determinations and work visas to get those who seek employment opportunities to gain employment legally, but it's not a blank slate program as millions of Americans have been told by MAGA Dictatorship Republicans.

Part three of this series will focus on The Future - Today & Tomorrow's legislative proposal for an immigration and border security bill. Talk without solutions are just empty words. We call on candidates for office to consider adopting our recommendations in part three while using the information in part one and two of our series to tell voters the truth about our immigration system. ?

[1] https://www.uscis.gov/humanitarian/temporary-protected-status

[1] https://www.state.gov/refugee-admissions/central-american-minors-cam-program/

[2] https://www.uscis.gov/sites/default/files/document/fact-sheets/Refugee_Screening_and_Vetting_Fact_Sheet.pdf

[1] https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees

[2] https://www.uscis.gov/humanitarian/refugees-and-asylum/usrap

[3] Section 4(m) of Executive Order 14013,?Rebuilding and Enhancing Programs?To?Resettle Refugees and Planning for the Impact of Climate Change on Migration,?86?F.R.?8839 (Feb. 9, 2021)

[1] https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

[2] https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/asylum-merits-interview-with-uscis-processing-after-a-positive-credible-fear-determination

[3] https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/credible-fear-screenings

[4] https://www.ecfr.gov/cgi-bin/text-idx?SID=b40fc1dc366fd382c9206aa9d75dcf08&mc=true&node=pt8.1.103&rgn=div5#se8.1.103_12