The US faces an unprecedented backlog—over 2 million asylum applications are pending, and this number is likely to climb with increased global violence and political unrest. If you missed the first part of our asylum series, you can check it out here to learn more about the history of asylum in the US.
Asylum cases are the second most common immigration case type Beyond Legal Aid saw in FY24, and Beyond’s attorneys remain leaders in this space. The asylum process itself is grueling. From preparation and filing, to attending hearings before judges, and finally, a decision, the process is complex, long, and often challenging for community members as they recount difficult periods in their lives. But Beyond’s team is beside each community member (CM) throughout the entire process as CM’s share their stories and secure their rights.
Attorneys will spend many hours meeting with the CM who is seeking asylum to understand their claim, determine eligibility, and create an individualized approach to their specific application. Following that initial meeting, they will collaborate to complete the evidence packet, and the attorney will put together a legal brief arguing the CM’s eligibility for asylum. Closer to the date of the hearing, attorneys will help prepare the CM to give their testimony, which includes doing several mock direct and cross examinations. They will then proceed to their assigned hearing before a judge and hope for a positive outcome.
Unfortunately, when dealing with such a complex pathway to status, setbacks are common. We asked our attorneys to share some challenges they have run into when working on asylum cases.
Senior Staff Attorney, Nadia Singh, explained that, “trying to gather documentation in a country where our community member often experienced harm or threats can create barriers for access”. This can happen if state entities in their home country do not cooperate, or paperwork documenting the persecution was not filed in the first place.
Supervising Attorney, Sarah Cockrum, noted that language barriers can also be a common challenge, “especially when there is a significant amount of evidence which needs to be translated into English or when there is difficulty in finding an interpreter.”
Senior Staff Attorney, AJ Johnson-Reyes, touched on challenges surrounding revisiting community member’s trauma:
“We are often asking people to discuss the most traumatic experiences of their life, which is understandably difficult and painful. It’s important to build rapport and trust with them so they are comfortable sharing their stories.”
The judge’s decision is what they have worked months or maybe even years for, so it is an incredibly emotional day. AJ outlined his feelings on hearing the results:
“Winning is a big relief. After spending so much time and energy arguing that someone will suffer grave harm if they are denied, it’s incredibly devastating if they are denied. Of course, it’s exciting to win, but for me, the biggest emotion is relief that the community member will get to remain safely in the US.”
Sarah added, “it is not unusual to also experience feelings of anger and sadness about the brokenness of the system – even while simultaneously experiencing feelings of happiness and relief.”
Similarly, Nadia highlighted her hopes after asylum is granted:
“The asylum process can be very re-traumatizing and often lacks human compassion, so I know that winning asylum is only the beginning of what I hope will be a healing process for these vulnerable members of our community.”
Thanks to our community partners’ direction, Beyond is proud to have asylum as a cornerstone of our work. As we’ve learned, these cases are incredibly delicate, especially because they stem from persecution in one's home country based on race, religion, nationality, membership in a particular social group, or political opinion. Seeking asylum is a fundamental human right, and it is something we will continue to fight for here at Beyond.