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Yemen and #MuslimBan 3.0

12/17/2017

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On September 25th, 2017, President trump released Travel Ban 3.0. The list of banned visitors from countries now included Yemen, Chad, together with other five countries. The inclusion of Chad aroused immediate controversy in the media, considering its status as a long-term US ally in fighting against terrorism. 1 In contrast, news did not appear to be surprised by the inclusion of Yemen. The main reason perhaps lies in the well-reported political instability in this country since 2011.

Yemen has gone into a stage of transformation since the Arab spring, where its longtime authoritarian president, Ali Abdullah Saleh, was forced to hand over power to President Abdrabbuh Mansour Hadi, his deputy, in 2011. Hadi then had to juggle among various political and social problems, including attacks by al-Qaeda, the Houthi movement led my Shia Muslim minority, the continuing loyalty of many military officers to Saleh, as well as unemployment and food insecurity. The Iranian-backed Houthi movement was at one time joined by Saleh to fight together against Hadi, who was backed by Saudi Arabia and eight other mostly Sunni Arab states, together with support from the US, UK and France. However, the bondage proved quite fragile between Houthi militia and Saleh and there was soon a rift between these them. On December 2nd, 2017, Saleh appeared on television to show some kind intention towards Saudi Arabia, which, got himself assassinated by a Houthi rebel militia at his home in the capital, Sanaa.

War always imposes tremendous cost at civilians. According to BBC, the ongoing conflict left 20 million people in need of humanitarian assistance and created “the world's largest food security emergency.” Only 45% of the 3,500 health facilities are fully functioning, who have struggled to cope with the world's largest cholera outbreak, which has “resulted in more than 913,000 suspected cases and 2,196 deaths since April 2017.” 2 In addition to these humanitarian catastrophes, what happens in Yemen deeply worries the West. According to BBC, the most dangerous branch of al-Qaeda and the emergence of IS affiliates in Yemen is a serious concern.

Now looking back at President’s Trump decision on banning all people from Yemen, or on travel ban in general, is he right? It is certainly not right if we think humanitarianly. This banning of country residents is not unlike preventing Jewish refugees from coming to America after World War II for fear of Nazis. Just like people now lamented this decision that led to more Jews dying, will this decision in banning Yemen and other countries, let Americans or the world regret forty years later? Yet American history is never lack of these similar foreign policies and lack of institutional constraints against these policies. The active approval of travel ban from the supreme court is not surprising.

We, as an immigration law firm, value national security as much as upholding the American values -- its tolerance and globalism. We also understand these two often come into conflict with each other. The current right-leaning administration chooses to prioritize the former by imposing a simple fix: banning the whole country to increase a sense of security. Yet, we hope we won’t forget the other important values that we also hold. There needs to be a check and balance on values as well.

1 There has been continuous follow-up reports about the reason why Chad is included. Just give a few examples, http://www.slate.com/blogs/the_slatest/2017/10/19/trump_put_chad_on_the_travel_ban_because_of_passport_paper.html; https://www.theguardian.com/us-news/2017/oct/18/trump-travel-ban-chad-passport-paper
2 All the statistical facts come from BBC news. http://www.bbc.com/news/world-middle-east-29319423

Huirong Jia
​HMA Legal Intern
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Asylum Stats: Location, Location, Location!

12/11/2017

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We think it is important to understand the big picture before we make strategy about individual cases. Thanks to the statistics released by the Department of Homeland Security, we can get an idea of who are entering the United States as Asylees in recent years. Then, with the data from Transactional Records Access Clearinghouse, we are also able to know which court is relatively asylee-friendly, namely, which court is more likely to grant foreigners asylum. We hope our clients could thus make better decisions about their filing for asylum.      
    
Recent years have witnessed a slight increase of asylum approvals by the immigration court, especially in affirmative cases. (Whether this continues remains to be seen.)

​As shown in Chart 1, the government’s grants of approval for asylees are 25,151(2013), 23,374 (2014) and 26,124 (2015).
Compared to year 2013, though there is small drop in the number of asylees in 2014, the government still increases its approval by 4% in 2015. More importantly, despite the fluctuations of the overall number of approval, there is a consistent decrease of numbers of individuals getting their asylum defensively. This trend naturally brings more importance to the affirmative asylums.   


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Then, we dig into these numbers to get an idea who are getting the asylum approvals these years. Chart 2 first gives us a broad picture of where these asylees come from. In 2013 and 2014, we can see that people from Asia and Africa account for the majority of those who are granted with asylums. In 2015, in addition to these two continents, there is a sharp increase of people from North America who get their asylee status. Chart 3 offers us more details about where these asylees come from. During the year of 2013 and 2014, the Asia proportion can be explained by the fact that more people from Syria (5%), Iran (4%) and China (27%) are granted with asylum. The Africa proportion mainly compose of people from Egypt (20%). In 2015, however, there is a huge increase of asylees coming from Honduras (6%), Guatemala (10%), and El Salvador (10%).

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In addition, we are also able to identify the most asylum-friendly immigration court for the past 6 years. Based on Chart 3, these courts are in New York (23.1%), Los Angeles (11.2%), San Francisco (9.4%), Boston (4.6%) and Arlington (4.2%).

Chart 3: Asylum Grant Rate in Immigration Courts Year 2011-2016:

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Thanks to the available data, we can tell the slight increase of asylum approvals granted by the court and the growing importance of affirmative cases. We are now also aware that more people from Central America are getting their asylums, probably from those asylum-friendly states that we are able to identify. We hope this information will be of some use to relevant lawyers and clients.

Huirong Jia
HMA Legal Intern
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Are Immigrants Stealing US Jobs?

12/10/2017

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Are new jobs being created being taken by non-US nationals?

The answer, according to a comprehensive study published by the National Academies of Sciences, Engineering, and Medicine, is no, immigrants do not take American jobs; rather, they contribute to our society, not take away from it. This has been made worse by the crackdown by President Donald Trump on illegal immigrants. By assuming jobs are a zero sum game, the position of Trump is that the immigrants compete directly with the American workers thus leading to lower job openings for the natives and lower wages.

The study analyzes demographic data on U.S. immigration over the past 20 years. The report found "little evidence" that illegal immigrants have any effect on American employment prospects. Meanwhile, the available evidence suggests that immigration has positively affected government budgets at the federal, state, and local levels.

​Immigrants don't steal jobs or push down wages for legal citizens. Most immigrants are ambitious and hardworking. When we allow immigrants into our country who are bringing much-needed skills that are in short supply here, the outcome is job creation and a healthier economy. The low-skilled immigrants lead to occupational mobility, human capital creation and specialization of the natives while the high-skilled immigrants contribute towards the technological adaptation.

Hala Kaddo
​HMA Legal Intern



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    DISCLAIMER: If a blog post you read here contains case results, be advised that case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Authors

    Sharifa Abbasi, Esq.
    Hassan M. Ahmad, Esq.
    Humza Kazmi, Esq.
    Faisal Khan
    ​Valeria Prudencio
    Carly Stadum-Liang, Esq.

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