DNA Testing Asylum Seekers Raises Concerns
Already, immigrants have numerous hurdles to jump in efforts to come to Georgia and other parts of the United States. Unfortunately, it appears that those seeking asylum will continue to have more hurdles placed in front of them and more difficult journeys toward safety in a new country. According to recent reports, an additional step that some may face is DNA testing at the border.
Utilizing this testing is purportedly to help find “fraudulent families” that may be attempting to enter the United States with children who are not related to them. Because children and families are not subjected to indefinite holds in immigration detention, there is speculation that some individuals are attempting to cross the border with unrelated children in hopes of avoiding prolonged detention. The testing would reportedly inform investigators in approximately 90 minutes whether individuals are related.
Understandably, this proposed testing has caused much concern for immigration advocates. Previously, immigration authorities have unnecessarily separated families and have considered families fraudulent after suspecting that a child is older than 18, and this testing may cause more unnecessary separations. Additionally, DNA testing could cause significant problems for parents or guardians who are not biologically related to their children.
Seeking asylum may be some individuals’ desperate attempt to find better lives for themselves and their families when danger presents itself in their homelands. Of course, the idea of going through the necessary procedures and potentially ending up in immigration detention can seem almost as harrowing. Still, individuals hoping to reach the United States safely may want to contact us to understand their rights and options for these matters.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Asylum, Immigration
Who Cannot Get Asylum in the U.S.?
Certain crimes or political issues in your history may prevent you from becoming an asylee or refugee in the U.S.
Some people are legally prohibited from becoming refugees or asylees in the United States. In other words, despite the fact that they may have been persecuted in their home country, and fear for their safety if they return there, they are categorically ineligible for asylum or refugee status.
What Makes You Ineligible?
These laws bar anyone who has been:
Convicted of a “particularly serious crime,” and is therefore a danger to the community of the United States.
There is no list of particularly serious crimes—the decision is made case-by-case. However, all “aggravated felonies” are considered particularly serious crimes. Because of the immigration laws’ strict definitions of aggravated felonies, some crimes that may have been called misdemeanors when committed will be looked upon as aggravated felonies. For more information, see What’s an “Aggravated Felony” Under U.S. Immigration Law?.
Convicted of a serious nonpolitical crime in a country outside the United States.
Applicants whose crimes were non-serious or political in nature may still qualify for refugee or asylee status.
Involved in terrorist activity.
The definition of a terrorist includes having been involved in such illegal activities as assassination; violent attacks upon an internationally protected person; hijacking or sabotaging a means of transport; using explosives, firearms, or other devices to endanger others or cause substantial damage to property; seizing, detaining, and threatening to kill, injure, or continue to detain people in order to compel a governmental organization or someone else to act; and more. It also includes giving food, money, or other material support to organizations that the U.S. government believes to be terrorist in nature (with possible exceptions if a person did so under duress, for example at gunpoint).
Involved in the persecution of others.
This can include ordering, inciting, assisting, or otherwise participating in genocide, torture, extrajudicial killings, or other abuses based on the victims’ race, religion, nationality, membership in a particular social group, or political opinion. For example, this rule is often used to deny refugee status to military or police officials who assisted in persecuting minority or guerrilla groups (even though they may, indeed, fear for their life because members of those groups are seeking revenge against them).
Responsible, while serving as a foreign government official, for particularly severe violations of religious freedom.
This includes arbitrary prohibitions or punishment for freely worshiping, preaching, praying, changing religions, and more.
To discuss the specifics of your case:
Call us at 678.324-8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Asylum, Immigration, Moral Terpitude, Refugee