February 7, 2014
A critical component of the United States’ commitment to refugees and asylum seekers is the ability of those granted protection here to become engaged members of our democracy. The immigration law provides that individuals granted refugee or asylum status may become lawful permanent residents (green card holders) and, eventually, apply for citizenship. Because of the humanitarian nature of the refugee and asylum process, there is a special waiver available to some refugees and asylees who would otherwise be ineligible for a green card because of involvement in the criminal justice system. In many cases, these waivers are provided to refugees whose history of trauma underlies the mistakes that led to an arrest or conviction.
Yesterday, the Fifth Circuit Court of Appeals issued an important decision preserving the ability of individuals granted asylum to get on the path to permanent status. The case is about Joel Siwe, who fled Cameroon and was granted asylum in the United States in 2003. In 2011, an Immigration Judge terminated his asylum status because of a criminal conviction from 2007, and then denied his application for a green card precisely because his asylum status had been terminated. The Judge found that an individual whose asylum status had been terminated was ineligible to adjust status to lawful permanent residence. Mr. Siwe reached out to CAIR Coalition for assistance, and Michael Ward at the law firm of Alston & Bird LLP agreed to represent Mr. Wise on appeal to the Fifth Circuit Court of Appeals. Mr. Ward argued to the Court that the Immigration Judge simply had the law wrong.
The Fifth Circuit agreed. The Court found that Mr. Siwe’s 2003 asylum grant was enough to allow him, at the very least, to ask the Immigration Judge to consider his green card and waiver application. The immigration law, the Court said, simply does not require that an individual’s asylum status remain intact for him to apply for his green card. In fact, reading the immigration law to include such a requirement “would obviate the need for the waiver mechanism” that allows refugees and asylees to request forgiveness for certain criminal conduct and convictions. This decision now allows Mr. Siwe the opportunity to finally have his day in court and ask the Immigration Judge to consider the reasons why he merits a humanitarian waiver of his conviction so that he may remain in the United States permanently.
This decision is an affirmation of our nation’s commitment to those seeking refuge on our shores. Many of those granted refugee or asylum in the United States have suffered horrors that most of us cannot imagine, and it is only fair that the immigration law provide some leeway and forgiveness when considering their applications to remain here permanently. We at CAIR Coalition congratulate Mr. Siwe on his success, and tip our hat to Michael Ward and Alston & Bird LLP for moving forward this important issue.
