But he new at 5:30,
Western New York will soon learn
just how many migrants seeking asylum
will come here from New York Ci.
Late this afternoon,
Erie County Executive Mark Polad
Cars confirmed the news that we
broke last night that New York
City reached out to Erie Countyo
try to help alleviate the crisi,
which has shelters and some hotl
rooms downstate filled to capac.
Now, all other counties in our region
have already issued states of emergency
in preparation for an influx of migrants.
Erie County has not gone that r.
This has become a very divisive
and political issue and based
on comments from our viewers,
there's also a lot of confusion out there.
So we want to spend a few minuts
here tonight helping get some
answers to better understand how
the situation at the southern br
is impacting Western New York.
And joining me live right now
is Carrie Battenfeld.
She is the supervising immigratn
attorney with the local bar association's
volunteer lawyers project here in Buffalo.
This is something I know you
deal with on a daily basis.
Thanks so much for for coming i.
I want to start here with just e
basics because there is so much
misinformation out there right .
When we hear the term asylum seeker refugee,
migrant,
what should we know about those terms,
how they're different and and what they mean?
So yeah, refugee and asylee or asylum
seeker get sort of used interchangeably
and they are distinct legal ter.
Migrant is more of a colloquial term.
It doesn't have a real legal definition.
It refers mostly to just peopleo
are moving from one place to another.
Refugees are individuals who are unable
or unwilling to return to their countries
of origin because they have been
persecuted in the past or they have a.
A well founded fear of future persecution,
and that needs to be on the
basis of a protected ground.
So race, religion, political opinion,
membership in a particular social group.
And so that can be something lie
they identify as a member of
the L GB TQ community,
but they go through the process
outside of the United States,
quite often in a refugee camp.
Or they might have lived for a
number of years before actually being
able to go through the process.
Go through the background check,
may prove their claim and get
a refugee status,
and they enter the United States
as refugees and are entitled to
certain benefits as a result of that.
Asylees or asylum seekers need o
meet the the definition of a ree
so they again are unable unwillg
to return to their home country
because they have been persecutd
or they fear persecution on one
of those protected grounds.
But they do it.
They go through that process and
claim that status here in the United States.
So that's really the difference.
It's the same,
the same type of claim,
but it's where you are applying for it
and where it's granted that cha.
A lot of people, and you can
see this just on social media,
have referred to the folks who
are right now in New York City
who may be coming here to Westen
New York as illegal immigrants.
And of course folks immediatelyp
back and say asylum is a legal process.
Right. Do we.
How would you explain that to pe
in as to why you know that it'st
illegal immigrants right there,
they're here legally or else
they wouldn't be asylum seekers.
Yeah, I mean illegal immigrant
is a is a really charged term.
It's also one that doesn't
have any real legal signific.
And people who are seeking
asylum are here lawfully.
The only way that you can seek asylum is to
come to the United States and request it.
That's what you have to do to seek asylum.
It's the only way to do it.
So they are, they're going about the process,
the way that it is outlined under our laws.
So they are here lawfully,
they're they have the right to
pursue that form of relief and
remain here while they are awaig
a decision on their application.
We mentioned earlier we got an updated
statement this afternoon from Ee
County Executive Mark Poland Cars and I
want to share a little bit of that with
our viewers because he said something.
A pretty strong statement here saying
over the past decade and more,
approximately 12,000 refugees have moved
into and through our area as part of the
good work that the refugee partnership does,
all without fanfare and without.
Ridiculous fears stoked by xenophobic
and illinformed community membe.
So as someone who works with asm
seekers often, but also refugee,
and you mentioned the legal
distinction between the two,
would you agree with the statemt
there from the County Executiven
terms of the resources that are
available here in Western New Y?
And I guess just the the experie
and the history that we have as a place
where asylum seekers and refuge,
migrants overall, tend to come?
Yeah, I mean we are, we're a bor
city with our location close to Canada
and those organizations that pog
cars mentioned have been operatg
in this in this area for decade,
bringing new Americans eventually into
our community and helping them get set up.
So there absolutely is the the
the programs are in place,
there's the expertise locally.
The Buffalo Immigration Court is
is housed here in the city and
covers all of upstate New York.
So people have been coming throh
this area for a very long time
and we do have the the resources
and capacity set up to to meet e
needs of of those individuals.
There's always a need for for resources
because those organizations that
polling cars mentioned do run ry
on shoestring budgets and they a
lot for a lot of people with very little,
very few resources.
Finally, I've only got about 45 seconds left.
But people who are opposed to bringing
these asylum seekers here will say that by
the time they get this all adjudicated,
the majority of asylum seekers
don't actually qualify.
Fact Check that for us.
And and what would you say to fs
who believe that there are thost
the southern border who are takg
advantage of our asylum system?
I I mean, I don't know the actul
numbers off the top of my head of how
many cases are ultimately successful.
I do know just from my
own personal experience,
I've had cases denied that I
believe were wrongfully denied.
And that happens from time to t.
I think that happens much more
frequently than, you know,
cases being approved where
there wasn't a real claim. You
said because they need attorneys
like you work against.
Yes, and that's often because. Because.
People who have experienced significant
trauma have made that long jour,
are not often in the best positn
to advocate for themselves.
And because these laws are so complex,
they don't know the parts of
their story and the parts of thr
experience that qualify for the,
that qualify them for asylum.
So having an attorney to walk yu
through that process and help you put
together a strong case is reall,
really essential.
We've been joined here by Kerry Battenfeld.
She is the supervising immigratn
attorney with the Volunteer
Lawyers Project here in Buffalo,
part of the Bar Association.
Right. That you're accounting
bar. Yeah, we fall under. Yeah.
Yeah, under that. Yeah.
Thanks for coming in.
This is an important topic.
Thank you for having me.