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Thread: 40,000 Asylum-seeking immigrants file class-action suit against federal government

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  1. #1
    Senior Member JohnDoe2's Avatar
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    40,000 Asylum-seeking immigrants file class-action suit against federal government

    Asylum-seeking immigrants file class-action suit against federal government over interview backlog

    EXCLUSIVE: The bombshell lawsuit claims immigration services have unlawfully delayed the processing of applications for more than 40,000 immigrants. Federal statue states applicants should be interviewed within 45 days and a decision made within 180 days 'absent extraordinary circumstances.'

    BY JOHN MARZULLI
    NEW YORK DAILY NEWS
    Friday, July 4, 2014, 2:30 AM

    ENID ALVAREZ/NEW YORK DAILY NEWS
    New Yorkers call on Congress to take action on immigration reform in Foley Square in April.


    More than 40,000 immigrants who are seeking asylum in the U.S. are stuck in a federal limbo waiting up to two years to be interviewed about their applications, a bombshell lawsuit charges.


    The class-action suit filed in Brooklyn Federal Court accuses top officials of Homeland Security and U.S. Citizenship and Immigration Services of unlawfully delaying the processing and resolution of asylum applications.


    Under federal statue, applicants are supposed to be interviewed within 45 days of filing and a decision reached within 180 days “absent extraordinary circumstances,” according to the suit.


    What’s causing the backlog appears to be the database used by USCIS to schedule asylum interviews. The suit says that a computer creates a monthly calendar of “slots” for interviews based on the availability of officers at eight regional offices throughout the nation.

    SETH WENIG/AP
    Supporters of immigration reform, including a Mariachi band, gathered to call for action.


    But not every new applicant ends up getting called for an interview and they end up dumped in a backlog category.


    The computer selects the next batch of interviews from the newest filings so “the longer a case is pending the less likely it is to be scheduled for an interview,” lawyer Paul O’Dwyer said in the suit filed last month.


    O’Dwyer is representing 17 plaintiffs who are identified in the complaint only by their initials and hail from a wide range of countries, including Peru, Lebanon and Jamaica.

    VIEW GALLERY
    Surge of undocumented immigrant children overwhelms U.S. facilities


    Among them is L.M. She is a transsexual from Nicaragua who filed for asylum in August 2012 citing threats because of her gender and sexual orientation and is still waiting to be scheduled for an interview.


    The plaintiffs all reside in the U.S. and none is currently detained, O’Dwyer told The Daily News.


    While the number of asylum applications over the past two years has been fairly stable, the backlogged cases have ballooned from 12,450 in January 2012 to 45,193 in March 2014, the suit says, citing USCIS statistics.

    DON EMMERT/AFP/GETTY IMAGES
    Immigration activists rally on the the steps of the New York Public Library in January, voicing support for the DREAM Act.


    A spokesman for USCIS declined to comment on the pending litigation.

    The suit is demanding that Federal Judge Nicholas Garaufis oversee the process of reducing the backlog.

    Once granted asylum an immigrant can remain in the U.S. indefinitely and their family members may also be eligible for asylum.


    jmarzulli@nydailynews.com


    Read more: http://www.nydailynews.com/news/nati...#ixzz36WGHV5Es
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    Another case of laws made by government and broken by government. hoow to judge this, judges must be appointed, can we afford enough judges to keep up? I believe we need to furnish asylum to fewer. The qualifications for asylum may need modernizing and/or better specified.

    Of course, government may have become overgrown, thus cannot manage its own store.

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    Super Moderator Newmexican's Avatar
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    The timing couldn't be better to help Obama in overwhelming the system. Nice coordination.

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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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