How Legal Entrants Are Being Targeted
Dree Collopy, an immigration lawyer based in Washington DC, warns that a recent change in US visa policy could expose lawful entrants to greater risk of arrest and deportation, particularly asylum seekers navigating the system. Speaking in early April 2024, Collopy argued the policy shift undermines protections for those who follow legal pathways to seek refuge in the United States.
The new policy, introduced by the Department of Homeland Security, tightens scrutiny on visa holders and asylum applicants by expanding grounds for expedited removal and reducing access to legal counsel during initial proceedings. Collopy explained that individuals who enter the US legally—such as those with tourist or student visas who later file for asylum—may now be treated as enforcement priorities even if they have not violated any laws. She emphasized that the change blurs the line between legal and illegal immigration, creating confusion and fear among vulnerable populations.
What Happens When Legal Paths Become Dangerous?
Collopy cited cases where asylum seekers who arrived with valid visas were detained shortly after filing their claims, despite having no criminal record or prior immigration violations. She noted that under the previous framework, such individuals were typically allowed to pursue their cases while living in the community. Now, she said, immigration officers are more likely to initiate detention based solely on the timing of an asylum application relative to visa expiration. This shift, she argued, discourages honest reporting and pushes people into hiding, increasing their vulnerability to exploitation.
When asked whether the policy deters fraudulent claims, Collopy acknowledged concerns about abuse but stressed that the current approach harms legitimate seekers more than it prevents misuse. She pointed to data showing that over 70% of asylum applicants who enter legally are ultimately granted protection or alternative relief, suggesting the system already filters effectively. Collopy warned that penalizing lawful behavior erodes trust in government institutions and may drive individuals toward irregular routes, counteracting the policy’s stated goals.
Why does the new policy affect people who entered the US legally? The policy expands enforcement to include visa holders who apply for asylum after their status changes, treating them as potential enforcement targets regardless of compliance with immigration rules.
Frequently Asked Questions
Are asylum seekers still allowed to work while their cases are pending? Some may qualify for work authorization, but delays and increased detention under the new policy often prevent timely access, leaving many without legal income during prolonged proceedings.
What alternatives does Collopy suggest for balancing security and fairness? She recommends preserving access to legal representation, maintaining case-by-case assessments, and restoring timely hearings to ensure both due process and effective border management.