Attorney General orders INS to review old asylum cases

U.S. Attorney General John Ashcroft has ordered a "prompt review" of tens of thousands of political asylum applications, to pinpoint immigrants who may have ties to terrorism in their home country.

This review was prompted by the shooting at LAX last July 4, 2002, by a person who was an asylee. Ashcroft is concerned that INS officials may have overlooked the possibility that Hasham Mohammed Hadayet, an Egyptian who shot and killed two persons at the Los Angeles International Airport on July 4, 2002, before being shot dead by a security guard, may have had links to a terrorist organization before his arrival in the United States, and granting of political asylum in the early ‘90’s.

Hadayet had told the INS in affidavits he filed (in connection with his political asylum application in 1993) that Egyptian officials had accused him of being a member of Gama’s al-Islamiyya, also known as the Islamic Group, which was eventually labeled as a terrorist group by the State Department.

Ashcroft has now ordered a review of all existing asylum files, to ascertain whether other individuals may be present in the US who have admitted that they have been accused of terrorist activity or association with terrorists.

However, this review of asylum files may also affect other people who filed for political asylum merely to obtain work authorization, but whose cases have been dormant for many years. Now, INS may "activate" their cases during the course of this file review.

In the early ‘90’s, tens of thousands of people filed political asylum applications, many of them making up fictitious claims of persecution by their governments or rebel groups, to buy time and obtain temporary working permits. The INS eventually denied many of these asylum applications, and people were placed in deportation. But many were lucky because INS had not yet acted on their cases. They have remained in the United States all this time, thinking that INS "forgot" about them. Others eventually found a new way to obtain permanent residency.

Thousands of Filipinos also filed political asylum applications, many of them making up fictitious claims that they were persecuted by the NPA.

Many people have long forgotten about their asylum application.

However, once the INS’s asylum case review starts, it may be like opening the proverbial Pandora’s Box that can create problems and troubles for these people. Even though your asylum file may say nothing about links to terrorism, this new asylum file review by INS could nevertheless reactivate your old asylum case, and you could be scheduled for an asylum interview or court hearing on your case. You should consult an attorney as soon as possible, to explore other, legitimate alternatives to legalize your status. Don’t wait until INS reviews your file and revives your case, and starts questioning you about the validity of your asylum claim. Cases have held that lying to an immigration officer at an asylum interview constitutes "false testimony", which could make a person ineligible for other forms of relief later on.

If anyone approaches you offering quick-fix solutions to your immigration problem like filing a frivolous political asylum application just to get work permits, better think twice. You will be wasting your time and money, and, worse, get yourself in trouble and further jeopardize your immigration status.

Michael J. Gurfinkel has been a licensed attorney in California for over 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.