Myths About Asylum for Immigrants to the United States

 Posted on September 18, 2018 in Immigration

With the events occurring at the U.S. border in recent months, a near tidal wave of misinformation has been going around regarding asylum and refugee status, and many people are misinformed about the immigration laws and procedures surrounding this hot-button issue. For both U.S. citizens and incoming immigrants, it is absolutely crucial to understand what asylum actually is and what it is not. Failure to do so can jeopardize your or a loved one’s immigration claim and render them inadmissible or even deportable. The stakes are too high to buy into misinformation.

Myth: No One at the Southern Border of the U.S. Should Get Asylum, Because They Crossed Into the Country Illegally.

False - The United States is a signatory to the Geneva Convention, having signed it and ratified it into law in 1955. Article 31 of that convention states explicitly that those seeking asylum should not be penalized on account of illegal entry if they have come from a country where their life or freedom is threatened. Some might argue that many are coming from Mexico, rather than from their home countries, but the Article is open to interpretation. Besides, Mexico is decidedly unsafe for many undocumented people as well.

Myth: Asylum Is a Process Abused By Economic Migrants.

False - Asylum is a recognized process under both international law and U.S. law, designed to help those fleeing persecution in their home countries. Asylum seekers must pass extensive background checks and demonstrate credible fear of future persecution if returned to their home country. People cannot simply make up a story and expect to remain in the United States. Hearings and interviews must be attended and handled with sincerity and honesty.

Myth: Genuine Asylum Seekers Are Having Their Cases Delayed Because So Many False Cases Are Creating Backlog in the Courts.

False - Any case that is entered into the dockets of immigration courts has at least enough legitimacy to make it past the initial stage of an interview at the border. Also, the backlog has been increasing for many years--long before the current influx of immigrants at the southern border--due to understaffing and lack of resources. The current presidential administration has plans to hire significantly more judges, though nothing has happened as of this writing.

Myth: Anyone Who Does Not Support Detaining Asylum Seekers Must Support Open Borders.

False - and more than a bit absurd. To be opposed to detention does not mean that a person thinks no immigration laws should exist whatsoever, or that no one should be barred from the United States for any reason.

Contact an Experienced DuPage County Immigration Lawyer

If you are seeking asylum, or have a loved one who is, it is important to make sure you understand your rights and the processes that must be followed. Having a knowledgeable attorney on your side can help demystify the process significantly. The dedicated asylum attorneys at Mevorah & Giglio Law Offices will work hard to put your claim on the most appropriate possible footing, providing you with the best chance at success. Call us today at 630-932-9100 to set up a free consultation.