Mexican Asylum Seekers Accused of Abusing "The System"

August 13, 2013 - Senator Jeff Sessions (R-AL) has in recent days accused Mexican immigrants of abusing US immigration laws by stating they have a credible fear of persecution from drug cartels if they are forcibly returned to Mexico. A well-known critic of comprehensive immigration reform, Sen. Sessions has argued that the House of Representatives should not advance comprehensive immigration reform until this "loophole" is addressed. He said the recent surge in asylum cases originating from Mexico has "exposed another grave flaw" in federal immigration laws. Sen. Sessions added "They must use every power they have to end this absurdity. No immigration bill should advance until these abuses are ended."

Generally, when an immigrant enters the US unlawfully and is apprehended, a Customs and Border Patrol Officer will ask the person if they have a fear of persecution if returned to their home country. If so, they will have an interview with a USCIS (United States Customs and Immigration Services) officer who will make an initial "credible fear determination" to see if there is a "significant possibility" that the individual will be eligible for asylum. If so, then the immigrant will have a hearing before an immigration judge who will make the final decision on whether to grant asylum (or other associated forms of relief such as withholding of removal or the Convention against Torture). However, before they see an immigration judge, the immigrant will either be placed in a detention facility or released. Those released promise to appear for their hearing, but that is not always the case, with many just disappearing, forcing an immigration judge to order the immigrant "removed in absentia" (in effect, an order which has no real force since the immigrant is nowhere to be found). Very few Mexican nationals are found eligible for asylum, unlike say those individuals from Syria or China.

Fox News on August 13 also ran an "exclusive article" on the surge of Mexican asylum seekers. In its report, Fox News reported that some Mexican asylum seekers are being placed in $99/night hotels in the San Diego area due to overcrowding - a fact that is sure to fire up those opposed to immigration reform. The report also mentioned that illegal immigrants have recently learned that by using a few keywords - "credible fear of persecution from drug cartels" - they can extend their stay in the United States by applying for asylum and possibly being released into the community before their court dates.

Asylum seekers, who truly have valid claims, are wise to seek the advice and counsel from immigration attorneys. This office has handled numerous asylum applications and know what the immigration judges are looking for. If you have a credible (truthful) fear of persecution if returned to your home country, speak to an Orange County Immigration Lawyer at 949-440-3240 who is best positioned to determine the merits of your case and put you in the best position to be granted asylum.