|
ATTORNEY GENERAL ORDERS INS TO REVIEW OLD ASYLUM CASES
by Michael J. Gurfinkel, Esq.
U.S. Attorney General John Ashcroft has ordered
a "prompt review" of tens of thousands of political
asylum applications, to pinpoint immigrants who may have ties
to terrorism in their home country.
This review was prompted by the shooting at LAX
last July 4, 2002, by a person who was an asylee. Ashcroft is
concerned that INS officials may have overlooked the possibility
that Hasham Mohammed Hadayet, an Egyptian who shot and killed
two persons at the Los Angeles International Airport on July 4,
2002, before being shot dead by a security guard, may have had
links to a terrorist organization before his arrival in the United
States, and granting of political asylum in the early '90's.
Hadayet had told the INS in affidavits he filed
(in connection with his political asylum application in 1993)
that Egyptian officials had accused him of being a member of Gama's
al-Islamiyya, also known as the Islamic Group, which was eventually
labeled as a terrorist group by the State Department.
Ashcroft has now ordered a review of all existing
asylum files, to ascertain whether other individuals may be present
in the US who have admitted that they have been accused of terrorist
activity or association with terrorists.
However, this review of asylum files may also affect
other people who filed for political asylum merely to obtain work
authorization, but whose cases have been dormant for many years.
Now, INS may "activate" their cases during the course
of this file review.
In the early '90's, tens of thousands of people
filed political asylum applications, many of them making up fictitious
claims of persecution by their governments or rebel groups, to
buy time and obtain temporary working permits. The INS eventually
denied many of these asylum applications, and people were placed
in deportation. But many were lucky because INS had not yet acted
on their cases. They have remained in the United States all this
time, thinking that INS "forgot" about them. Others
eventually found a new way to obtain permanent residency.
Thousands of Filipinos also filed political asylum
applications, many of them making up fictitious claims that they
were persecuted by the NPA.
Many people have long forgotten about their asylum
application. However, once the INS's asylum case review starts,
it may be like opening the proverbial Pandora's Box that can create
problems and troubles for these people. Even though your asylum
file may say nothing about links to terrorism, this new asylum
file review by INS could nevertheless reactivate your old asylum
case, and you could be scheduled for an asylum interview or court
hearing on your case. You should consult an attorney as soon as
possible, to explore other, legitimate alternatives to legalize
your status. Don't wait until INS reviews your file and revives
your case, and starts questioning you about the validity of your
asylum claim. Cases have held that lying to an immigration officer
at an asylum interview constitutes "false testimony",
which could make a person ineligible for other forms of relief
later on.
If anyone approaches you offering quick-fix
solutions to your immigration problem like filing a frivolous
political asylum application just to get work permits, better
think twice. You will be wasting your time and money, and, worse,
get yourself in trouble and further jeopardize your immigration
status.
Back
to Main
|
