Asylum on the Immigration Court Docket

Thursday, August 07, 2014

Guatemalan Francisco Ramos shows a picture of his son Gilberto Francisco Ramos, a 15-year-old boy who died in the Rio Grande Valley in Texas, while trying to reach the United States on his own. Guatemalan Francisco Ramos shows a picture of his son Gilberto Francisco Ramos, a 15-year-old boy who died in the Rio Grande Valley in Texas, while trying to reach the United States on his own. (JOHAN ORDONEZ/AFP/Getty Images/Getty)

As cases for unaccompanied minors make their way through immigration courts, the question of who qualifies for asylum is a big one. Judge Dana Leigh Marks has been an immigration judge in San Francisco for 27 years and is the president of the National Association of Immigration Judges. She talks about the decisions that immigration judges have to make and what the law says about who qualifies.


Dana Leigh Marks

Comments [11]

CR from Manhattan

Funding by the taxpayer? Not a chance. How about all the pro-immigration groups and individuals blow the dust off their wallets, and/or re-direct some of money they already supply to Hispanic candidates and put their money where their mouths are. This is an issue of charity, not inalienable rights of American citizens.

Aug. 07 2014 11:45 AM
tom from licity

WHERE ARE THEIR PARENTS? Isn't it part of the law here that they need parents to be with them. I believe many of the parents are hiding out in US cities working and sending money back Of course we know this is occurring -- MAKE THE PARENTS COME OUT OF THE SHADOWS AND GET THEIR CHILDREN!!!

Aug. 07 2014 11:45 AM
Mr. Bad from NYC

@ Andrew Campbell from Putnam County, NY

Just because gangs aren't under the direct control of the government doesn't mean the government isn't trying to stop them or is unopposed to their existence. IF, for instance, they were government supported paramilitary groups that would be a different story. Drug gangs are criminals that are not supported by the government hence those fleeing such gangs would not generally speaking be refugees.

Aug. 07 2014 11:43 AM
jgarbuz from Queens

Mr. Bad

No, it's not Congress's fault, but the fault of the Democrats who need more immigrants to vote for them and keep the Dems in power forever, and need to create a lot of work for lawyers and judges who are their major contributors and so kick back plenty to the Dem's coffers.

Aug. 07 2014 11:42 AM
David from South Orange NJ

I believe the Judge said a person has to show that she or he will be victimized by a group not controlled by the government by virtue of her/her nationality, social group, etc.

Why not take judicial notice of the fact that, e.g., Honduras is so lawless and violent a place that it is mortally dangerous for entire social layers -- i.e., practically everyone who cannot afford private security? Then the defendant would only have to show that she or he is Honduran and poor to meet the criteria for refugee status.

Aug. 07 2014 11:41 AM

This is so helpful and clear. Thank you, Judge Marks.

Aug. 07 2014 11:38 AM
Mr. Bad from NYC

Nice to see the judge has admitted her bias towards admitting this latest wave of illegal immigrants... no doubt her fellow judges will "find" something in their individual b.g. to meet the criteria. Sham process.

Why would anyone even go through the legal immigration process anymore? Just fly to Mexico and sneak across the border ... we'll make it legal, one way or another. She's right about one thing though, this mess is entirely Congress's fault.

Aug. 07 2014 11:37 AM
Holllis from Brooklyn

This article talks about how the US impact in South and Central America has impacted the current immigration. Based upon the details, do we not have a obligation to fairly deal with these poor refugees.

Aug. 07 2014 11:35 AM
Andrew Campbell from Putnam County, NY

The judge didn't answer th question about: if the gangs aren't under the control of the government, why that doesn't apply to all such gangs--by definition, not under the control of the government!?

Aug. 07 2014 11:34 AM
Gabriel Romeu from chesterfield,nj

wondering how the hold up of federal judicial nominees have added to the backup in the docket of cases...?

Aug. 07 2014 11:31 AM
jgarbuz from Queens

Well, just as the GOP is owned by the fossil fuel, defense and related industries, so the Dems are owned by the trial lawyers, the unions, Hollywood and other media-related organizations. So the job of the Dems is to provide more and more work for lawyers and judges. And this is just another boondoggle to give work to immigration lawyers and judges.

Aug. 07 2014 11:22 AM

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