By David A. Barnett Esq.
Many new immigration laws and procedures have placed heavy obstacle in front of aliens, especially those claiming political asylum in order to remain in the United States. In addition to proving a well found fear of persecution in their native country and the burden of obtaining corroborating documentary evidence to substantiate one’s claim to asylum the Justice Department now requires that all aliens entering without proper documentation be placed in exclusion proceedings and detained in immigration custody until the case is decided.
For refugees claiming asylum from persecution the use of fraudulent demonstration as a means of entry to the United States is almost routine. In most cases persons living in fear of persecution cannot risk public exposure in obtaining a valid passport and other travel documents. Thus, for many if not most refugees, upon entering the United States they are immediately placed in custody.
The new policy of forced detention often means months of incarceration. In large cities such as New York and Los Angeles, the Immigration Service has its own facilities to house immigrants awaiting adjudication of their asylum claims. In smaller cities, however, immigrants are kept in custody in correctional facilities together with common criminals. While the legality of the new regulations concerning forced detention have been subject to litigation for the time being, change does not seem: in sight.
Despite the hardship involved in forced detention, most asylum seekers endure this plight. However, for some, there may be an alternative. Because of the United States geographic proximity with Canada, and the close diplomatic ties with that country, in certain cases Canada is willing to process and accept refugees while in exclusion proceedings in the United States. This can include the issuance of a Canadian visa while the individual applicant remains an immigration custody in the United States. Furthermore it has been my experience that although the criteria for determining refugee status is governed by international law, the evidentiary requirements in Canada are considerable less demanding than in American courts, What is more, the procedures in Canada are often much quicker than in this country. In many instances a visa can be issued within a few weeks after the application for asylum has been submitted.
Bear in mind that asylum in Canada is not applicable for every alien in immigration detention. However, in those cases which are appropriate it should be considered a viable alternative.
“Anyone wishing to discuss these matters in more detail or any other immigration related problem may contact David A. Barnett, Esq of the Law firm of Frenkel & Herskowitz at 319 Fifth Avenue, New York NY, 10016 9212) 679466 for a free consultation. Mr. Barnett is admitted
to the New York, New Jersey and California Bar. He specialized in Immigration and Naturalization Law with particular emphasis in asylum and refugee matters.
Article extracted from this publication >> June 16, 1989
