Asylum & Deportation Defense
Asylum is a human right.
Free Pro Se Assistance
If you or someone you know has entered the United States within the past few years, has a fear of returning to their home country and does not currently have an immigration attorney, please call us at 505-247-1023 to inquire about our asylum legal services. We can offer pro se assistance with asylum applications, work permit applications, changes of address, hearing and case preparation, referrals for social services, and more.
NMILC provides free pro se assistance to individuals seeking asylum: a form of immigration relief that can lead to citizenship for people fleeing persecution. Occasionally, we can offer full representation in these cases.
The definition of an asylee largely follows that of a refugee-- someone who is unable or unwilling to return to their home country due to past persecution or a well-founded fear of being persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion. This definition formally became part of U.S. immigration law in 1980.
Prior to COVID-19, thousands of asylum seekers were permitted to enter the country and begin their asylum cases each year. Since then, the Trump Administration's devastating Migrant Protection Protocols program and Title 42 continue to restrict people's access to the American asylum system. In June 2022, the Supreme Court ruled in Biden v. Texas with a 5-4 decision that the Biden administration has the authority to end the Migrant Protection Protocols (MPP), notoriously known as the “Remain in Mexico” policy that was implemented by the Trump administration in 2019. The decision does not automatically end the policy, it sends it back to the Fifth Circuit Court of Appeals for it to consider whether the second termination memo violated the law, if Texas decides to challenge it.
Click for Full Press Release
Facts to know about the asylum process:
Generally, you must apply for asylum within one year of entering the United States (with some exceptions)
Generally, asylum applicants can apply for work permits one year after their asylum applications have been filed
Children and spouses may be included as derivatives in asylum applications
The Form I-589 serves as the application for Asylum, Withholding of Removal and the Convention against Torture
New Mexico does not have an immigration court, so all EOIR hearings for folks living in New Mexico take place in El Paso. The El Paso Immigration Court has a 94% denial rate for asylum.
The non-detained asylum process can take 1-2 years for affirmative filings (people who are not in removal proceedings) and 2-3 years for defensive filings (people who are already in removal proceedings) due to a nation-wide court backlog
Asylum law changes very frequently, so it's important to speak with an attorney or legal aid organization while going through the asylum process
For more information, check out the American Immigration Council's asylum page here: https://www.americanimmigrationcouncil.org/research/asylum-united-states
You can find additional pro se guides through the Florence Immigrant and Refugee Rights Project: https://firrp.org/resources/prose/
Fighting for Asylum Seekers
Welcoming Asylum Seekers With Dignity
Since April, our team has helped more than 40 pro se litigants file their application for asylum and other motions. This year, three Equal Justice Fellows joined our Detention & Asylum team and held several legal presentations at Torrance County Detention Facility for more than 150 people. In addition, our team has re-started these presentations at the Cibola County Detention Center in May.
Finding Justice for Pepper Sprayed Asylum Seekers Together
In May of 2020, 24 asylum seekers were inhumanely pepper sprayed for peacefully protesting while detained at the Torrance County Detention Facility. This past January, NMILC pro bono attorney, Christopher Benoit, together with the ACLU-NM, filed Freedom of Information Act (FOIA) litigation against ICE for failure to produce requested documents on the attack. Thanks to this litigation, our team has begun to get information on ICE’s oversight policies and the reasoning behind CoreCivic’s use of pepper spray in the May 2020 attack. In addition, pending litigation from 2021 against CoreCivic aims to hold the facility accountable for the unlawful and retaliatory use of force in the attack against the 24 asylum seekers. Read our Blog Rewind to learn more.
Asylum Work In The Media
“Dignidad y no detención,” manifestantes piden el fin de los centros de detención de migrantes
Legislator introducing bill to prevent immigrant detention in New Mexico
U.S. Supreme Court says Biden has authority to end anti-immigration policy
Gov. Michelle Lujan Grisham asks feds to not send migrants to New Mexico
Title 42 repeal blocked by federal judge, implications loom for migrants
Immigrants deserve immigration courts independent of the DOJ
In-Depth Asylum Analysis
Welcoming Immigrants & Asylum-Seekers With Dignity Can Help Avoid Future Migrant Tragedies
Welcoming Migrants and Asylum Seekers With Dignity
FAQs
+ How long does the asylum process take?
The length of the asylum process varies, but it typically takes between 6 months and several years.
The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim. Under the affirmative asylum process, the Immigration and Nationality Act (INA) requires USCIS to schedule the initial interview within 45 days after the application is filed and make a decision within 180 days after the application date. Under the defensive asylum process, applicants must go through the immigration court system, which faces significant backlogs. As of July 2018, there were over 733,000 pending immigration cases and the average wait time for an immigration hearing was 721 days. The backlog has been worsening over the past decade as the funding for immigration judges has failed to keep pace with an increasing case load.
+ Are asylum seekers released before their immigration court hearings?
It depends. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires all individuals seeking asylum at ports of entry to be detained. They remain in detention even after officials confirm their claims as credible, unless the officials decide the applicants are unlikely to flee and do not pose a safety threat. In addition, they must pay a bail, which they often cannot afford. If released, many asylum seekers are monitored by GPS ankle bracelets. Data show that 96 percent of asylum applicants show up to all their immigration court hearings.
If officials determine the applicants’ claims are not credible, the asylum seekers are ordered for “expedited removal” and do not receive an immigration court hearing.
+ Where do asylees live in the U.S.?
Throughout the United States, with the largest number in California. The largest number of individuals granted asylum in the affirmative process lived in California in FY 2016 (43.8 percent), followed by New York (10.8 percent) and Florida (7.8 percent).
+ Can an asylee become an U.S. citizen?
Yes. One year after receiving asylum in the U.S., the asylee may apply to be a lawful permanent resident, or a green-card holder. To receive a green card, the asylee must have been physically present in the U.S. for at least one year after receiving asylum, and at the time of filing his or her green card application, continue to meet the definition of a refugee, continue to be admissible to the U.S. for permanent residence, and not be resettled in another foreign country. If approved, he or she must wait at least four years before applying for citizenship.
+ Does the government provide defensive asylum seekers with appointed immigration lawyers?
No. Asylum seekers may hire their own attorney if they can afford to do so, but are not provided an attorney by the government, as criminal defendants are. Some attorneys offer pro bono services to asylum seekers and UACs in immigration proceedings.
Chances of obtaining asylum are statistically five times higher if the applicant has an attorney. In FY 2017, 90 percent of applicants without an attorney were denied, while almost half of those with representation were successful in receiving asylum.