Should You Claim Asylum in Response to Deportation?

Deportation, the forced removal of an individual from their home country, can be a traumatic event for many people. It often means leaving behind everything they know, including their homes, jobs, and families. Deportation can be the result of many factors, including immigration violations, criminal convictions, or political persecution.

For those who fear persecution or danger if they are sent back to their home country, claiming asylum may be a way to avoid deportation and stay in the United States. But is seeking asylum always the best option? In this article, we’ll explore the pros and cons of asylum claims in response to deportation, as well as the latest government resources and recommendations.

What is Asylum?

Asylum is a form of protection that allows individuals to remain in the United States if they can show they have a credible fear of persecution in their home country. Asylum can be granted to those who are already in the United States or those who are seeking admission at a port of entry. To win asylum, an individual must show they have a well-founded fear of persecution based on:

– Race
– Religion
– Nationality
– Membership in a particular social group
– Political opinion

If an individual wins asylum, they can remain in the United States, work legally, and eventually apply for permanent residency. However, winning asylum is not an easy process. It requires extensive documentation and preparation, as well as convincing evidence that the individual meets the criteria for asylum.

Pros of Claiming Asylum in Response to Deportation

There are several potential benefits to claiming asylum in response to deportation:

1. Legal Protection: Seeking asylum can provide legal protection that may prevent the deportation from taking place. While the process can be lengthy and difficult, many people have successfully avoided deportation by claiming asylum.

2. A Chance to Build a Stronger Case: By claiming asylum, an individual may have the opportunity to gather evidence and build a stronger case for their claim to stay in the United States. This can include gathering documentation and testimony from people who can support their claim of persecution.

3. A Better Chance at Winning the Case: While winning asylum is never guaranteed, claiming asylum can give an individual a better chance at winning their case than if they simply accepted deportation. An experienced immigration attorney can help guide an individual through the process and find ways to build a stronger case.

Cons of Claiming Asylum in Response to Deportation

While there are benefits to claiming asylum, there are also potential drawbacks:

1. Risk of Detention: If an individual claims asylum after being picked up for deportation, they may be detained for a longer period while their case is being reviewed. This can add another layer of stress to an already difficult situation.

2. Lengthy Process: The asylum process can be lengthy, and there is no guarantee that an individual will win their case. It can take months or even years for a case to be reviewed and decided upon.

3. Financial Strain: Asylum seekers are not eligible for most government benefits, including welfare and food stamps. This means that they may need to rely solely on their own resources while their case is being reviewed.

The Latest Government Resources and Recommendations

Asylum claims have been a hot topic in recent years, with the Trump administration’s attempts to restrict asylum claims and the Biden administration’s promised changes to the policies. To stay up-to-date on the latest government resources and recommendations, here are some helpful resources:

1. U.S. Citizenship and Immigration Services (USCIS): The USCIS website offers information on the asylum process, eligibility requirements, and how to apply for asylum.

2. Immigration and Customs Enforcement (ICE): The ICE website provides information on detainment, deportation, and immigration enforcement.

3. The Biden Administration: The Biden administration has promised to make significant changes to the asylum process, including creating a new system that would allow individuals to apply for asylum from their home countries and expanding protections for individuals who fear persecution based on their sexual orientation or gender identity.

Conclusion

The decision to claim asylum in response to deportation is complicated and should be made with careful consideration. While there are potential benefits, it is important to also weigh the potential risks and drawbacks. Seeking asylum requires significant documentation and preparation, as well as convincing evidence of persecution. It is important to work with an experienced immigration attorney to ensure the best possible chance of winning the case. As the administration’s policies on asylum continue to evolve, it is important to stay up to date with the latest government resources and recommendations to make informed decisions.

Although lack of a requirement for legal immigrant status and a likewise lack of remuneration may enable fake asylum claims, to go in the other direction and require legal status and money would stand to hurt the honest asylum and refugee applicants whose very lives may be saved by the protection of the federal government. It would not make sense to punish everyone for the sins of a few bad apples. Also, those who call for the immediate expulsion of all failed asylum immigration attempts would be wise to consider that for which they wish.

These individuals are likely not giving credence to the argument that deportation is not a cheap exercise. Thousands of dollars are potentially spent per failed asylum applicant, not only to oust them from the country but also to provide them basic rights and resources prior to their deportation. So, while there are some noticeable flaws to the asylum immigration system, the cure may be worse than the problems. Enforcing the law is important, but not if it hurts the constituents it is designed to protect in the long run.