Comments on: When asylum might not be a good thing http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/ All that flavorful brownness in one savory packet Sat, 30 Nov 2013 11:11:28 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Ex-Lawyer http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52566 Ex-Lawyer Thu, 30 Mar 2006 12:38:07 +0000 http://sepiamutiny.com?p=3213#comment-52566 <p>It's sad how an example of the Federal Government unfairly detaining genuine asylum seekers provokes an immediate discussion of abuse of the immigration system. I think it's a little more than "unfortunate" that these 2 individuals had to spend 4 years in Federal jail and we should instead focus on the abuse of immigrants that takes place by the system. This sort of abuse by the system of asylum seekers takes place because society doesn't care enough about these people to take notice and these immigrants usually don't have anyone to effectively advocate on their behalf (I am thrilled to see desi attorneys working on the cases in question here). And I hope that as South Asians, while we recognize there is abuse in all aspects of the immigration process (sham marriages for green cards whatever) we don't criticize our own people as a whole based on the few bad apples that break the rules. You know the rest of society will be the first to do that for us....</p> It’s sad how an example of the Federal Government unfairly detaining genuine asylum seekers provokes an immediate discussion of abuse of the immigration system. I think it’s a little more than “unfortunate” that these 2 individuals had to spend 4 years in Federal jail and we should instead focus on the abuse of immigrants that takes place by the system. This sort of abuse by the system of asylum seekers takes place because society doesn’t care enough about these people to take notice and these immigrants usually don’t have anyone to effectively advocate on their behalf (I am thrilled to see desi attorneys working on the cases in question here). And I hope that as South Asians, while we recognize there is abuse in all aspects of the immigration process (sham marriages for green cards whatever) we don’t criticize our own people as a whole based on the few bad apples that break the rules. You know the rest of society will be the first to do that for us….

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By: GujuDude http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52518 GujuDude Thu, 30 Mar 2006 04:54:28 +0000 http://sepiamutiny.com?p=3213#comment-52518 <p>Bottom line - the system has huge holes in it for abuse (authorities as well as people seeking immigration). That is a cop out answer, but fundamentally the truth. I don't think immigration is bad, but saying giving illegal immigrants a pass while harping how authorities abuse the system doesn't make sense (this isn't directed at anyone here in particular, just a general statement).</p> <p>The knee jerk reactions have been to either stop immigration or turn a blind eye to abuses and inefficiencies in the system. Ineffective laws and policies need to shift and change in step with the dynamic realities. Make the avenue for illegal immigrants legal, afterall, we need them. Laws/regulations should not be selectively applied by authorities OR citizens. The law is the law, if it doesn't work, then change it to make the system better. Not abuse it like this chronicled case, or 'fake' folks getting in. Address inefficiences.</p> Bottom line – the system has huge holes in it for abuse (authorities as well as people seeking immigration). That is a cop out answer, but fundamentally the truth. I don’t think immigration is bad, but saying giving illegal immigrants a pass while harping how authorities abuse the system doesn’t make sense (this isn’t directed at anyone here in particular, just a general statement).

The knee jerk reactions have been to either stop immigration or turn a blind eye to abuses and inefficiencies in the system. Ineffective laws and policies need to shift and change in step with the dynamic realities. Make the avenue for illegal immigrants legal, afterall, we need them. Laws/regulations should not be selectively applied by authorities OR citizens. The law is the law, if it doesn’t work, then change it to make the system better. Not abuse it like this chronicled case, or ‘fake’ folks getting in. Address inefficiences.

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By: AK http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52517 AK Thu, 30 Mar 2006 04:54:24 +0000 http://sepiamutiny.com?p=3213#comment-52517 <p><b>FAS </b>-- What evidence do you have for your sweeping, unsupported assertions about "fake asylum claims"? Asylum seekers are subject to intense scrutiny and cross-examination by asylum officers, trial attorneys, and immigration judges at every step of the process. As a result, asylum claims are denied in large numbers. Moreover, the problem of torture by the police in South Asia is well-documented and supported by plenty of credible evidence -- not just by human rights NGOs both inside and outside of India, but also by the Indian government itself (the NHRC, the Supreme Court, the Home Ministry).</p> <p>Even if some percentage of asylum claims are fraudulent, that would be true in any context -- and in this context, many, many claims are denied. Other than your opinion, what support do you have for the assertion that there are "hundreds" of such fraudulent claims that are actually granted, rather than denied, and that thereby make the system on verge of collapse? Experts who look at these issues closely actually tend to find the opposite, that many meritorious asylum and Torture Convention claims are in fact denied.</p> FAS – What evidence do you have for your sweeping, unsupported assertions about “fake asylum claims”? Asylum seekers are subject to intense scrutiny and cross-examination by asylum officers, trial attorneys, and immigration judges at every step of the process. As a result, asylum claims are denied in large numbers. Moreover, the problem of torture by the police in South Asia is well-documented and supported by plenty of credible evidence — not just by human rights NGOs both inside and outside of India, but also by the Indian government itself (the NHRC, the Supreme Court, the Home Ministry).

Even if some percentage of asylum claims are fraudulent, that would be true in any context — and in this context, many, many claims are denied. Other than your opinion, what support do you have for the assertion that there are “hundreds” of such fraudulent claims that are actually granted, rather than denied, and that thereby make the system on verge of collapse? Experts who look at these issues closely actually tend to find the opposite, that many meritorious asylum and Torture Convention claims are in fact denied.

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By: FakeAsylumSeekers http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52513 FakeAsylumSeekers Thu, 30 Mar 2006 04:32:23 +0000 http://sepiamutiny.com?p=3213#comment-52513 <p>While it is unfortunate that they were stuck in the system, bigger issue is how South Asians are exploiting the asylum system to gain illegal entry to US. There are still hundreds of Sikhs, Tamils claiming fake asylum even to this day claiming that Indian/Sri Lankan police torture them blah blah blah.</p> <p>Let us not forget that asylum attornies are big money makers now. The whole system is waiting to collapse with all these fake asylees and equally morally bankrupt South Asian attornies promising moon to the parties.</p> <p>Just go through Punjabi/Tamil US weekly and see dozens of these sleazeballs proudly offering their services.</p> <p>Someone need to tell 9th circuit court that Khalistan lives only in the gurudwara and homes in Canada/UK/US. Same with the Eelam - it is alive only in the streets and minds of UK/Canada tamilian gangstas who rule the streets of Vancouver,Toronto.</p> While it is unfortunate that they were stuck in the system, bigger issue is how South Asians are exploiting the asylum system to gain illegal entry to US. There are still hundreds of Sikhs, Tamils claiming fake asylum even to this day claiming that Indian/Sri Lankan police torture them blah blah blah.

Let us not forget that asylum attornies are big money makers now. The whole system is waiting to collapse with all these fake asylees and equally morally bankrupt South Asian attornies promising moon to the parties.

Just go through Punjabi/Tamil US weekly and see dozens of these sleazeballs proudly offering their services.

Someone need to tell 9th circuit court that Khalistan lives only in the gurudwara and homes in Canada/UK/US. Same with the Eelam – it is alive only in the streets and minds of UK/Canada tamilian gangstas who rule the streets of Vancouver,Toronto.

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By: Abhi http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52512 Abhi Thu, 30 Mar 2006 04:25:02 +0000 http://sepiamutiny.com?p=3213#comment-52512 <p>Thanks AK. While in DC I am stuck on dial-up so my researching ability is quite degraded. I know the ACLU lawyer mentioned in the article above.</p> Thanks AK. While in DC I am stuck on dial-up so my researching ability is quite degraded. I know the ACLU lawyer mentioned in the article above.

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By: AK http://sepiamutiny.com/blog/2006/03/29/when_asylum_mig/comment-page-1/#comment-52511 AK Thu, 30 Mar 2006 04:18:54 +0000 http://sepiamutiny.com?p=3213#comment-52511 <p>They actually weren't being detained under the material witness statute, but under the immigration laws. Incidentally, desi lawyers representing each of them. See <a href="http://www.aclu-sc.org/News/Releases/2006/101728/">here</a> and <a href="http://www.aclu-sc.org/News/Releases/2006/101697/">here</a>.</p> They actually weren’t being detained under the material witness statute, but under the immigration laws. Incidentally, desi lawyers representing each of them. See here and here.

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