The Treason Lobby`s Latest Vendetta—Not Enough Asylum Granted by Immigration Judges

The Treason Lobby`s latest
pro-alien propaganda effort by its

in the

media and the foundations
was released last Monday.
It`s a

 called Immigration Judges—An extensive
analysis of how hundreds of thousands of requests for
asylum in the United States have been handled has
documented a great disparity in the rate at which
individual immigration judges declined the applications

The effort was produced by

TRAC Immigration
(Transactional Records Access
Clearinghouse), which calls itself as "a non-partisan
research organization associated with Syracuse
It was

dutifully covered
promptly in the press.

An e-mail accompanying the

TRAC report
explained that "[s]upport for
this report — part of a wider project on U.S.
immigration matters — was provided by the

JEHT Foundation
that`s "justice, equality,
human dignity and tolerance"
. . . of course],

Ford Foundation,
the Knight Foundation and the

New York Times Company Foundation
as well as
Syracuse University."

The report publishes EOIR
statistics identifying particular Immigration Court
judges from the Department of Justice`s Executive Office
for Immigration Review (EOIR), for the apparent unstated
purpose of chastising them for not granting enough
asylum applications in Immigration Court.

I`ve maintained

that the EOIR should be

abolished outright
. But the Treason Lobby calls the
shots in the media. So the only criticism of the EOIR
allowed in print is the type indicting the EOIR for the
scandalous crime of

not loving asylum-seeking aliens enough.

Fortunately for EOIR-watchers like
myself, the report actually lists the EOIR immigration
judges who have been granting asylum to just about any
alien with a pulse who shows up and asks for it.

The report specifically identifies
the main offender (from VDARE.COM`s point of view):

judge with the smallest proportion of denials
most asylum grants] of all the judges for this period
was Margaret McManus of New York. She declined 9.8% of
her 1,638 asylum requests in represented cases. Judge
McManus was appointed in 1991. She began her career in

private practice and
for one five year period was a staff attorney with

Legal Aid Society`s Immigration Unit."

With an over 90 percent

grant-rate for asylum cases
, oh that all EOIR
immigration judges could emulate former legal aid lawyer
McManus . . . the Treason Lobby hopes!

MSM coverage of the TRAC report
features anguished hand-wringing over all the
un-McManus-like asylum-denying immigration judges out
there. But the report is not exactly explicit about
remedies.  By implication, the Treason Lobby`s solution
to its newly-perceived problem of disparate asylum
results in the EOIR is that it could be fixed by

taxpayer-funded lawyers
for the aliens— among other
bureaucracy-expanding and burden-of-proof-rigging

But this forgets or conveniently
obscures a key fact about the nature of asylum cases
heard by EOIR Immigration Court judges: many of the
cases have already been rejected…and should be
denied again!

The fact is that asylum
applications can reach the EOIR in two distinct ways. As
the EOIR`s 2005

statistical yearbook
explains [PDF,
page 27]:

are two ways that aliens may request asylum:
"affirmatively," by completing an asylum application and
filing it with a Department of Homeland Security (DHS)
Asylum Office [
of the U.S. Citizenship and
Immigration Services (USCIS) division]; or
"defensively" by requesting asylum before an Immigration
Judge. Aliens who file affirmatively with DHS, but whose
requests for asylum are not granted [
by USCIS],
may be placed in removal proceedings and referred to the
appropriate Immigration Court for further review of the

What the Treason Lobby`s henchmen
at TRAC Immigration don`t mention in their report is
that a good percentage of the asylum applications
reaching the EOIR Immigration judges have

already been rejected
by the USCIS asylum offices.

This omission of the distinction
between previously-rejected "affirmative" and
newly-filed "defensive" applications skews the
EOIR`s statistics by making denial rates seem that much

According to the EOIR`s 2005

statistical yearbook
page 27], approximately 30 percent of the total number
of asylum applications heard in Immigration Court were
already "referred"— in other words: rejected—by
the USCIS asylum office.  In fiscal year 2005, the EOIR
received 35,049 asylum applications filed for the first
time “defensively” in Immigration Court, but also
received 15,551 “affirmative” asylum applications
that were already rejected by USCIS asylum officers.

So TRAC Immigration`s
interpretation of the EOIR statistics is flawed right
off the bat with the 15,551 already suspect asylum
applications mixed throughout the EOIR data. 

In the asylum statistics provided
by EOIR, all of the presumptively valid cases already
approved by the USCIS asylum offices are nowhere to be
found. They`ve been already cherry-picked out and
granted refugee status by the USCIS.  Unlike the
rejected cases, all the “good ones” never reach
the EOIR immigration judges at all.

So by definition, all the
inherently suspect and outright bogus applications reach
the EOIR in the "affirmative" asylum track.

But how many are

completely bogus?
 No one really knows.

Remember that these
(USCIS-rejected) applications are the
cases that even the notoriously pro-alien USCIS couldn`t
grant. And so what if the EOIR`s judges reject them all
over again?

I say bravo to the immigration
judges with the courage to deny bogus asylum
applications. Well done!

The USCIS has the power to

grant refugee status to aliens
like it`s going out
of style, but not the power to actually "deny"
anything.  As part of Congress` ongoing full-employment
act for immigration lawyers, the rejected applications
are just passed along to the EOIR so that the aliens and
their lawyers

can give it another try all over again
before an
immigration judge.

Such is the nature of the beast.
Remember that legal formalism, duplicative work and
endless litigation represent the hallmark of the

federal litigation bureaucracy.

And while the Treason Lobby bemoans
the differing asylum "grant rates" of particular
immigration judges, they fail to recognize the fact that
15,551 USCIS-rejected asylum applicants are included in
the supposedly damning asylum statistics.

So much for the Treason Lobby`s
vendetta against asylum-denying immigration judges.

Juan Mann [email
him] is an attorney and the proprietor of
He writes a weekly column for
contributes to Michelle Malkin`s

Immigration BLOG