LA Asylum Fraud and Asylum Reform

Recently, an immigration consulting business in Los Angeles was charged by the authorities with immigration benefit fraud and failing to disclose their role as preparers on hundreds of asylum applications.  This story may not be news for people who are familiar with immigration news.  It is just another immigration fraud case, one may say.  However, it offers some insights into the political asylum application process in the U.S.

The U.S. as a country of immigrants and freedom has always embraced the idea of providing protection for those who need it.  It has incorporated the definition of “refugee” from the United Nations Convention and Protocol Relating to the Status of Refugees in the domestic law.  Simply put, a refugee is a person outside her country or last place of residence who is unable or unwilling to return to that country or place because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group of political opinion.  A person who meets the definition of a refugee may apply for political asylum if such a person is physically present in the U.S.  

Because of the benefits that it offers to the applicant, including an opportunity to obtain a U.S. green card and employment authorization, political asylum has become the target of fraud and abuse.  Prior to 1995, by filing an asylum application, a person was able to also obtain an employment authorization document (EAD) at the same time, thus providing a strong motive for filing fraudulent asylum applications.   In 1996, Congress amended the Immigration Act to implement asylum reform.  An applicant who is found to have filed a frivolous asylum application is barred from applying for any immigration benefits in the future.  Further, an applicant is not able to obtain an EAD until 180 days have elapsed after filing of an asylum application.  Individuals who are involved in asylum fraud - including the applicant herself - are subject to civil and criminal punishment. 

Asylum reform was effective for a short period of time.  However, greed trumps fears of punishment again after a while when unscrupulous scammers got used to the new process.  They continued to advertize their services and lure the undocumented foreigners to submit frivolous asylum applications.  Sadly, these foreigners are the real victims of the story.  Some of them may not even know what was being filed on their behalf.  Take the recent LA-area immigration fraud case as an example – two men were charged with preparing and filing bogus asylum applications for hundreds of Chinese individuals based religious persecution.  Reportedly, these applications contain fabricated stories of religious persecution with identical accounts of happenings.  No wonder they were caught by the authorities! All of these cases will be reopened and reviewed once again.  Most if not all of them will be denied.  These applicants will likely never be able to apply for any immigration benefit.  They could also be charged with fines and put in jail.   This is after each of them has paid anywhere between $3,500 and $6,500 to the agency. 

Perhaps what is worse is the collateral damage caused by this kind of fraudulent cases - it greatly reduces the chances of genuine asylum applicants to obtain protection in the U.S.  Proving an asylum claim by itself is already a formidable task.  Adjudicators of asylum applications will be extra careful when examining asylum applications after reading reports of asylum fraud such as the LA case.  This story also suggests that more is needed to be done to improve the U.S. asylum process.  Most immigrants tend to seek assistance from the folks who speak their language and who come from their place of origin.  More non-profit organizations and outreach programs should be set up in immigrant communities to provide correct legal advice and information for newcomers to America.