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ARE YOU AN ASYLUM-SEEKING TERRORIST?
by Michael J. Gurfinkel, Esq.
A Filipina who had applied for political asylum
years ago in order to get a temporary work permit, is now finding
herself in even deeper trouble. She apparently made up a story
in her political asylum application that she was persecuted by
the Philippine government because she had “helped”
the communist rebel group, New People’s Army (NPA). However,
the U.S. State Department has declared the NPA to be a “terrorist
organization” and under the U.S.A. PATRIOT ACT, anyone who
provides certain aid (or “help”) to a terrorist organization,
could be considered inadmissible for engaging in “terrorist
activity”. So, while this woman made up stories of persecution
only to obtain work authorization, she now finds herself having
to defend against charges of being a terrorist.
This woman’s story is typical of so many other Filipinos.
She arrived in the United States in the early 90's on a visitor’s
visa. She was given a three-month stay but decided to stay on
after the expiration of her allowed visit. On advice of friends,
she went to an immigration consultant, who advised her to file
a political asylum application, to obtain a work authorization,
so she could work “legally”.
During that time, political asylum seemed the quick-fix
solution to many Filipinos’ immigration problem, because
it enabled them to obtain temporary work authorization just a
few weeks after filing. So, with the help of the consultant, she
made up stories of persecution. With that false claim, she basically
shot herself in the foot, so to speak.
Many asylum seekers had similar fabricated claims
of persecution in their asylum applications, prepared by immigration
consultants, and sometimes by unscrupulous attorneys. To create
a semblance of political persecution, they claimed that they had
“helped” the communist New People’s Army, as
fund contributors, or informers against government corruption.
As a result, they were supposedly arrested, detained or tortured
by the government, or they received threats and other forms of
harassments from the police and military.
In this particular case, the woman’s asylum
claim was denied, and she was later ordered removed/deported by
the Immigration Judge. She appealed the denial of her asylum application
to the Board of Immigration Appeals. But in its ruling, the BIA
pointed out that on December 7, 2001, pursuant to the newly-signed
U.S. PATRIOT ACT, the State Department designated the NPA as a
terrorist organization.
The BIA also pointed out that aliens are ineligible
for asylum for engaging in “terrorist activity” because
the woman’s story stated that she “helped” the
NPA. The BIA ordered the case sent back to the Immigration Judge,
to give the woman and the INS an opportunity to present further
evidence, to determine whether the woman’s claimed activities,
as stated in her asylum application, constituted “terrorist
activity.”
While the filing of political asylum allowed thousands
of people to obtain work authorization, the very same applications
are now causing them sleepless nights because of the terrorist
links they have created for themselves, which, by itself, is a
ground of inadmissibility.
People should realize that there is no “quick-fix”
solution to their immigration problems. Any attempt to take a
short-cut, like entering into fixed or fake marriages, forging
documents, or making false claims of persecution, can only result
in wasted time, money and effort, and worse, deportation or prosecution.
If you have any immigration problem, the best way
to solve your problem is to consult a reputable attorney who will
analyze your situation and help you legitimize your immigration
status.
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