⚖️👩🏾‍⚖️💡FIXING THE IMMIGRATION COURTS! 👨‍🔧 — Preoccupied With Nativist Schemes & Expensive, Cruel, Wasteful, & Demonstrably Counterproductive Mega-Enforcement Gimmicks, Neither Congress Nor The Administration Has Done Realistic Planning For Eliminating The Immigration Court Backlog! — So Don & Brendan Kerwin Have Done Their Work For Them — Their “Interactive Toolbox” 🧰 Is Now Available To EVERYONE Right Here!

Donald M. Kerwin
Donald M. Kerwin
Senior Researcher, Keough School of Global Affairs, University of Notre Dame

https://journals.sagepub.com/doi/10.1177/23315024241226645

Executive Summary

This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.

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Wow! This is beyond amazing! Kudos and thanks to Don and Brendan for this incredibly helpful and informative analytical tool. Get the full report and access to all the charts and interactive features at the above link!

Just yesterday, my friend, Arizona “practical humanitarian” Robb Victor, was asking about how legislators and policy makers could do better planning for hiring Immigration Judges and Asylum Officers to reduce the backlog and address processing problems at the border. This is for you, Robb!

As Don and Brendan cogently point out, hiring alone can’t solve the problem! America needs positive, due-process-oriented, reforms to our legal immigration system embracing the reality and the economic power of robust orderly refugee and asylum acceptance and increases in legal immigration of all types. 

The longer we ignore the need for these positive changes, and embrace the dangerous and defective myth that we can or should continue the failed program of attempting to enforce our way out of the migration realities and opportunities of the 21st century, the longer the disorder and grotesque waste of human lives and fiscal resources by our nation will continue.

And, of course, the innovative, low budget, potentially high-impact “Judges Without Borders” proposal by Judge Tom Lister and me should be part of any legislative package to improve the asylum system! See https://immigrationcourtside.com/2023/12/13/%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-%E2%9A%96%EF%B8%8F%F0%9F%97%BDjudges-without-borders-an-innovative-op/.

Why not plan for success rather than investing in failure? As my friend Robb says, “give peace a chance!”✌️ 

🇺🇸 Due Process Forever!

PWS

02-18-24

  

⚖️🤯👩🏽‍⚖️👨🏻‍⚖️ AS GARLAND’S BACKLOG HITS 3 MILLION, WAY PAST TIME TO CLEAN HOUSE, 🧹 BRING IN COMPETENT EXPERTS, 🧐 & START IMPLEMENTING THE “MPI PLAN” FOR BACKLOG REDUCTION & DUE PROCESS! — Empower “The Magnificent Seven” To Take The Field & Bring Order From Chaos!

 

Amateur Night
As predicted by experts from the “git go,” AG Merrick Garland’s indolent, half-baked approach to his most important responsibility — bringing justice and functionality to his Immigration Courts, has been a disastrous failure endangering our entire democracy!
PHOTO: Thomas Hawk
Creative Commons
Amateur Night

Here’s the latest report from TRAC documenting how former Federal Judge Merrick Garland’s failure to fulfill his most important duty — reforming and fixing the U.S. Immigration Courts, has built backlog at record paces and undermined our democracy:

https://trac.syr.edu/reports/734

Here’s the “action plan” that’s been publicly available since July 2023 — “Rethinking The U.S. Immigration Court System” — yet largely, and disastrously ignored by Garland, his lieutenants, and the Biden Administration:

https://www.migrationpolicy.org/sites/default/files/publications/mpi-courts-report-2023_final.pdf

Executive Summary

The U.S. immigration courts—and the nation’s immigration enforcement system they support—face
an unprecedented crisis. With a backlog of almost 2 million cases, it often takes years to decide cases. Moreover, the recent growth in the caseload is daunting. In fiscal year (FY) 2022, immigration courts received approximately 708,000 new cases, which is 160,000 more than in any previous year. Such numbers, coupled with the courts’ resource constraints and decision-making processes, ensure that the court system will continue to lose ground.

For asylum cases, which now make up 40 percent
of the caseload, the breakdown is even more dire. Noncitizens wait an average of four years for a hearing on their asylum claims to be scheduled,
and longer for a final decision. Those eligible for protection are thus deprived of receiving it in a timely manner, while those denied asylum are unlikely

to be returned to their countries of origin, having
established family and community ties in the United
States during the intervening years. The combination
of years-long backlogs and unlikely returns lies at the
heart of our broken asylum system. That brokenness contributes to the pull factors driving today’s migration to the U.S.-Mexico border, thereby undermining the integrity of the asylum and immigration adjudicative systems, and immigration enforcement overall.

Many of the factors contributing to the dramatic rise in the courts’ caseload have deep and wide-reaching roots, from long-standing operational challenges in administering the courts to new crises in the Americas that have intensified both humanitarian protection needs and other migration pressures. The scale of these twin challenges has made it more urgent than ever to address them together. In the aftermath of lifting the pandemic-era border expulsion policy known as Title 42 in May 2023, the Biden administration is implementing wide-ranging new border policies and strategies that establish incentives and disincentives linking how migrants enter the United States with their access to the asylum system. But timely, fair decisions are also central to the success of this new regime.

While many other studies have outlined wholesale changes in the immigration court system that only Congress can enact, such legislative action seems unlikely, at least in the near term. Thus, this report calls
for changes that can be made by the Executive Office for Immigration Review (EOIR), the agency within the Department of Justice (DOJ) that houses the immigration courts, as it is presently organized. Because the immigration courts are administrative bodies, the executive branch has considerable latitude in determining their policies and procedures. The changes laid out in this report hold great potential to improve the courts’ performance and, in turn, enhance the effectiveness of the U.S. immigration system more broadly.

Some steps in this direction are already being taken. The Biden administration has streamlined certain important policies and procedures at EOIR. Nonetheless, these courts and the Board of Immigration Appeals

page4image2846206864

2 million

cases in the backlog

About 650

immigration judges nationwide

Less than 500

cases completed per judge in most recent years

page4image2845099584

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AT THE BREAKING POINT: RETHINKING THE U.S. IMMIGRATION COURT SYSTEM

(BIA), which reviews appeals from immigration court decisions, fall short of meeting the hallmarks of a well- functioning adjudicatory system: that decisions be accurate, efficiently made, consistent across both judges and jurisdictions, and accepted as fair by the public and the parties in the case.

Related issues of caseload quantity and decision quality have given rise to the difficulties EOIR is confronting. Under the Trump administration, the reopening of thousands of administratively closed cases and increased interior enforcement led to rising court caseloads. And since 2016, increased border crossings have accounted for growing numbers of new cases, many of them involving asylum claims.

Cases are also taking longer to complete. While pandemic-related restrictions played a role in this slowdown, case completion rates had in fact already been declining. In FY 2009, each immigration judge completed about 1,000 cases per year. By FY 2021, the completion rate had decreased to slightly more than 200 cases per year, even as the number of immigration judges grew. Thus, more judges alone are not the answer. Slow hiring, high turnover, and a lack of support staff have resulted in overwhelmed judges whose productivity has decreased as the backlog has grown.

Concerns about the quality of decision-making by immigration courts and the BIA have existed for decades. More than one in five immigration court decisions were appealed to the BIA in FY 2020, and appeals of BIA decisions have inundated the federal courts. Federal court opinions have pointed to errors of statutory interpretation and faulty reasoning when overturning decisions. Policy changes at

the BIA, ever-changing docket priorities from one
administration to the next, and some recent Supreme
Court directives have contributed to the diminished
adjudicative quality. Wide variances in case outcomes among immigration judges at the same court and across different courts around the country further point to quality concerns; for example, the rate at which individual immigration judges denied asylum claims ranged from 1 to 100 percent in FY 2017–22.

EOIR has increasingly turned to technology to manage its dockets, primarily through video-conferencing court proceedings. The COVID-19 pandemic accelerated its use of internet-based hearings. Four important, yet at times competing, considerations are central when evaluating how technology—and particularly video-conferencing tools—are used in immigration proceedings: efficiency, the impact of technical difficulties, security issues, and concerns about due process.

The U.S. Immigration and Customs Enforcement (ICE) attorneys who prosecute removal cases also play an important role in the court system. Their use of prosecutorial discretion, along with judges’ docket management tools, help shape which cases flow through the system, and how.

Legal defense representation—or the lack of it—is a critical issue plaguing the immigration court system. Noncitizens in immigration proceedings, which are civil in nature, are not entitled to free legal counsel, as

The rate at which asylum claims are denied varies widely, from

1% with one judge to

page5image2955219344

100%

with another in FY 2017-22

page5image2948753808

2

AT THE BREAKING POINT: RETHINKING THE U.S. IMMIGRATION COURT SYSTEM

defendants in criminal proceedings are. But they can face life-changing, and sometimes life-threatening, circumstances when subject to an order of removal from the United States. Studies have repeatedly found that representation in immigration proceedings improves due process and fair outcomes for noncitizens. It also improves efficiency, as represented noncitizens move more quickly through immigration court. Lawyers, accredited representatives, immigration help desks, and legal orientation programs aid some noncitizens through this process. But many more move through complex proceedings pro se (i.e., unrepresented).

Federal funding for representation of noncitizens in removal proceedings is effectively barred. Public funding at the state and local levels has increased the availability of representation for some noncitizens. A large share of representation is provided by nonprofit legal services organizations and pro bono law firm resources. Nonetheless, representation is fragmented and insufficient, given the scale of need.

One element of this system that has seen notable signs of change in recent years has been how border management feeds into the courts’ caseload. The Biden administration began implementing a new
asylum processing rule at the southwest border in June 2022 that aims to ease the growing pressures on immigration courts.1 The rule authorizes asylum officers, who are part of U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security (DHS), to make the final decision in asylum cases instead of immigration judges. Asylum seekers whose claims are denied by an asylum officer can still appeal the decision, but on an expedited timeline. As such, the rule holds the potential to reduce the growth of the immigration court backlog and shorten adjudication times to months instead of years.

Since lifting the Title 42 expulsion policy, the Biden administration has paused implementation of the asylum rule due to competing demands for asylum officer resources. But returning to the rule, and strengthening EOIR’s functioning overall, will be important for managing the flow of cases into the immigration courts and the courts’ ability to keep pace with them. Doing so depends on the court system using technology better, more strategically exercising discretion in removal proceedings, and increasing access to legal representation so that courts deliver decisions that are both timely and fair.

This report’s analysis of the issues facing the nation’s immigration courts and its recommendations for addressing them reflect research and conversations with a diverse group of stakeholders—legal service providers, immigration lawyers and advocates, current and former immigration judges, BIA members and administrators, academics, and other experts who have administered, practiced before, and studied the immigration court system. The report urges EOIR and DHS, in its role as the agency whose decisions and referrals come before EOIR, to work together to:

Strengthen the immigration court system’s management and efficiency

► Schedule new cases on a “last-in, first-decided” basis. Such a reset to the system, which has proven successful in the past, could bring processing times on new cases down to months, rather than years.

1 This rule draws in part on proposals made in an earlier Migration Policy Institute (MPI) report: Doris Meissner, Faye Hipsman, and T. Alexander Aleinikoff, The U.S. Asylum System in Crisis: Charting a Way Forward (Washington, DC: MPI, 2018).

page6image2955637376

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AT THE BREAKING POINT: RETHINKING THE U.S. IMMIGRATION COURT SYSTEM

Because this disadvantages cases that have already been waiting for a long time, it should be treated as a temporary, emergency measure alongside policy and procedural reforms that protect fairness and promote efficiency more broadly. Shifting resources back to adjudicating older cases, as timeliness is established with incoming cases, is essential for shrinking the growth and size of the backlog, which should be among the courts’ highest priorities.

  • ►  Terminate cases that do not meet the administration’s prosecutorial guidelines, which focus priorities on felons, security threats, and recent entrants. One approach to this would be to task ICE attorneys with triaging backlog cases to determine which could be fast-tracked for grants of relief or for removal. Such efforts would allow the courts and ICE attorneys to focus on more serious cases, especially those involving criminal charges.
  • ►  Centralize case referrals from DHS. Instead of the current practice of having all three DHS immigration agencies (ICE, USCIS, and U.S. Customs and Border Protection) refer cases separately to EOIR, ICE attorneys should initiate all cases. As de facto prosecutors, they are best positioned to determine the legal sufficiency and priority for moving cases the government has an interest in pursuing.
  • ►  Establish two tiers of immigration judges—magistrate and merits judges—modeled on existing state and federal court systems where judges and staff are assigned to different roles or dockets so that cases move through the adjudication system efficiently and expeditiously.
  • ►  Expand the use of specialized dockets or courts that handle cases involving specific groups of noncitizens or require certain subject matter expertise, such as juveniles, families, reviews of credible fear determinations, cancellation of removal, adjustment of status, and voluntary departure.Restart the asylum officer rule and provide the support needed to implement it

► Establish a dedicated docket for the asylum officer rule’s streamlined appeal proceedings. As the most far-reaching reform the Biden administration has introduced for strengthening management of the asylum and immigration court systems, implementing the rule effectively is key to reducing the pace of caseload growth in the court system and discouraging weak claims.

Upgrade how the courts use technology

► Ensure that technology is used to make immigration courts fairer for everyone involved, such as by holding hearings remotely when parties would be unable to attend an in-person hearing. Special attention should be paid to how the use of technology can affect detained noncitizens and vulnerable populations such as children.

Increase access to legal representation

► Establish a new unit within EOIR devoted to coordinating the agency’s efforts to expand representation. The unit should collaborate with nongovernmental stakeholders to make representation of detained noncitizens a priority and to allow partially accredited representatives— some of whom may be non-lawyers—to appear in immigration court for limited functions.

4

AT THE BREAKING POINT: RETHINKING THE U.S. IMMIGRATION COURT SYSTEM

  • ►  Develop new and innovative ways to scale up representation by coordinating with lawyers who take responsibility for specific aspects of cases or non-lawyers who are specially trained and supervised
    to do so. Legal service providers should build a multi-stage, collaborative online system that enables representation by lawyers or non-lawyers in specific stages of a case for which they have the requisite expertise (e.g., filing forms, attending bond or master calendar hearings, or seeking relief ). This approach requires creating e-files for cases, with files moving from one representative or provider to another as cases progress, resulting in both expert representation at each stage and greater efficiency in moving cases forward overall.
  • ►  Encourage efforts by state and local governments to provide and/or increase funding to support representation, especially given current restrictions on federal funding of representation in most removal cases.

Despite efforts by successive administrations to bring
the immigration court system’s unwieldy caseload
under control and to improve the quality of its
decision-making, the courts remain mired in crisis.
And while many of the most pressing problems have
roots that stretch back decades, they have in recent
years reached a breaking point. The measures
proposed in this report hold the potential to reduce
case volumes, increase the pace of decision-making,
and improve the quality of adjudications. They would
also mitigate migration pull factors that result from
years-long waits for decisions. The deeply interconnected nature of the nation’s immigration court system and its immigration enforcement and asylum systems mean that such efforts to modernize and fully resource the courts are critical to the health of the U.S. immigration system overall.

page8image2847247216

The deeply interconnected nature of the nation’s immigration court system and its immigration enforcement
and asylum systems mean that such efforts to modernize and fully resource the courts are critical to the health of the U.S. immigration system overall.

BOX 1
About the Rethinking U.S. Immigration Policy Project

This report is part of a multiyear Migration Policy Institute (MPI) project, Rethinking U.S. Immigration Policy. At a time when U.S. immigration realities are changing rapidly, this initiative has been generating a big- picture, evidence-driven vision of the role immigration can and should play in America’s future. It provides research, analysis, and policy ideas and proposals—both administrative and legislative—that reflect these new realities and needs for immigration to better align with U.S. national interests.

The research, analyses, and convenings conducted for MPI’s Rethinking initiative address critical immigration issues, which include economic competitiveness, national security, and changing demographic trends, as well as issues of immigration enforcement and administering the nation’s immigration system.

To learn more about the project and read other reports and policy briefs generated by the Rethinking U.S. Immigration Policy initiative, see bit.ly/RethinkingImmigration.

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Read the full report at the link.

Not the first time I’ve said this, but it’s time for “Amateur Night @ The Bijou” (“A/K/A Merrick Garland’s failed EOIR”) to end! Reassign the EOIR senior management folks who have demonstrated “beyond any reasonable doubt” their inability to provide dynamic, due process with efficiency management and visiononary leadership and to solve pressing problems. (This includes the inability to stand up and “just say no” to bonehead “gimmicks” like Garland’s due-process-denying, quality diminishing, backlog-building, “expedited dockets”). 

It’s not an exaggeration to say that the anti-asylum, anti-human rights, anti-reality charade now playing out in Congress is driven in large part by Garland’s three-year failure to do his job by getting functionality and due process focused leadership into EOIR.

Bring in a competent, expert executive team, hand them the MPI Plan, and empower them to move whatever “bureaucratic mountains” need to be moved to get results, including, but not limited to, major personnel changes at the BIA and in Immigration Courts and taking a “hard line” with counterproductive performance by DHS (actually “just a party” before the Immigration Courts, NOT “their bosses!”) 

Bring in these experts:

  • Judge (Retired) Dana Leigh Marks
  • Professor Stephen Yale-Loehr
  • Dean Kevin Johnson
  • Michelle Mendez (NIPNLG)
  • Professor Michele Pistone
  • Jason “The Asylumist” Dzubow
  • Wendy Young (KIND)

Task this “Magnificent Seven” — folks with centuries of practical expertise and creative ideas for actually solving humanitarian problems (rather than making them worse, as per the ongoing travesty on the Hill) — with turning around the EOIR disaster; support and empower them to achieve results and to reject politicized bureaucratic meddling from DOJ and elsewhere! Make the long-unfilled “promise of INS v. Cardoza-Fonseca”  — a legitimate, properly generous, practical, efficient asylum and refugee adjudication system that complies with international and domestic law and simple human decency — a reality!

This is about rebuilding America’s most important and consequential court system, NOT running an “government agency!”

This is also the “demand” that Congressional Dems SHOULD be making of the Biden Administration, instead of engaging in disgraceful (non) “bargaining” with GOP nativists that seek an end to asylum and an increase to human suffering and ensure continuing humanitarian disaster at our borders!

🇺🇸 Due Process Forever!

PWS

12-19-23

⚖️ GIVING CONTEXT TO THE GOP’s OVERHYPED “BORDER TERRORIST” CLAIMS: Experts Set The Record Straight!

Maria Ramirez Uribe
Maria Ramirez Uribe
Immigration Reporter
PolitiFact
PHOTO: PolitiFact.com

Maria Ramirez Uribe reports for PolitiFact:

https://www.politifact.com/article/2023/oct/27/ask-politifact-how-many-people-on-the-terrorist-wa/

Some Republican lawmakers are flagging Hamas’ attack on Israel as an example of why more security is needed at the southern U.S. border. Hamas militants breached a border fence and attacked Israeli villages bordering the Gaza Strip on Oct. 7.

“Potential terrorists are attempting to cross our southern border. In September alone, 18 illegal immigrants on the terror watchlist were caught at the border,” U.S. Sen. Marsha Blackburn, R-Tenn., posted Oct. 21 on X. “The attack on Israel should serve as a warning as to why we must secure the border.”

The next day, U.S. Rep. Kevin McCarthy, R-Calif., also mentioned the terrorist watchlist on NBC’s “Meet The Press.”

“We just caught 18 people, just last month, on the FBI terrorist watchlist, coming across our border,” McCarthy said. “More than 160 have done it this year, a record breaking.”

U.S. immigration officials have encountered rising numbers of people on the watchlist. But not everyone on the list is a terrorist, and not everyone encountered is allowed to enter the country.

Terrorism and immigration experts say that the threat of attacks in the U.S. and Israel are incomparable.

“They both involve borders, but the comparison ends there,” David Bier, an immigration expert at the libertarian Cato Institute, previously told us. “People aren’t crossing the border to conduct terrorist attacks or take over parts of the United States. A very small percentage may come to commit ordinary crimes, like selling drugs, but overwhelmingly, they are coming for economic opportunity and freedom.”

McCarthy’s office did not respond to our query for more information. A Blackburn spokesperson pointed us to a Fox News reporter’s post on X. Customs and Border Protection did not confirm whether 18 people were stopped in September.

Here’s what we know about who is on the terrorist watchlist, and what the data can and can’t tell us.

. . . .

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Read Maria’s complete article which includes comments from real experts like Professor Stephen Yale Loehr, Professor Denise Gilman, Aaron Reichlin-Melnick, and others in addition to David Bier. They stand in sharp and long overdue contrast with the GOP’s alarmist, out of context, claims.

It’s little wonder that a party of anti-democracy activists, insurrectionists, and election deniers would want to deflect attention from themselves onto folks who are overwhelmingly coming to save their lives and to work hard and contribute to our economic growth! 

I have previously “called out” Kristen Welker and NBC’s Meet the Press for giving McCarthy an unnecessary public forum for his alarmist narrative. See, e.g.,  https://immigrationcourtside.com/2023/10/23/🚩politics-gops-bakuninist-clown-show-sows-american-chaos🤮☠️/. Worse yet, there was no effective “pushback” from Welker on McCarthy’s attempt to blame vulnerable asylum seekers for the political disorder and threats to our democracy that he and his righty GOP buddies helped sow!

Many thanks to Maria for setting the record straight and to the experts who were interviewed from her article! You actually did the “due diligence” that Welker and others often brush off when “doing immigration.”

Those wanting to learn about what’s really happening at the border and what reasonable improvements might actually be possible will get a chance to hear from Professor Yale Loehr and  Muzaffar Chishti in a webinar upcoming on Nov. 7. See https://immigrationcourtside.com/2023/10/25/🗽tired-of-border-bs-from-nativist-pols-media-bureaucrats-get-the-real-skinny-from-the-experts-yale-loehr-chishti-on-nov-7-zoom-option-availab/.

Of course border security is important! A significant, achievable improvement would be to establish a fair, timely, functional asylum screening and adjudication system at ports of entry so that those seeking asylum will be motivated to use it (rather than attempting  to “punish” and “deter” those who can’t use the current dysfunctional DHS/EOIR “system.”) That would give CBP a chance to concentrate on the real law enforcement challenge: identifying and stopping those who seek to harm the U.S. That’s going to take even better intelligence and more sophisticated efforts.

I also wouldn’t minimize that, as pointed out by the experts, CBP has been able to identify and deny entry to individuals on their list. That’s a sign of success, not failure!

To state the obvious, further cutting or restricting asylum (as many in the GOP disingenuously advocate) would only force even more of those seeking refuge into the hands of smugglers and push them into the dangerous lands between ports of entry. Misdirecting enforcement resources to fruitlessly and improperly trying to “deter” and “apprehend” those legitimately seeking refuge will only further dilute the attention that CBP can pay to any real dangers lurking at the border!

🇺🇸 Due Process Forever!

PWS

10-30-23

🗽TIRED OF BORDER BS FROM NATIVIST POLS, MEDIA, & BUREAUCRATS? — Get The “Real Skinny” From The Experts, Yale-Loehr & Chishti on Nov. 7! — Zoom Option Available!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law
Muzaffar Chishti
Muzaffar Chishti
Senior Fellow
Migration Policy Institute
PHOTO: MPI

The Migrant Surge: What’s Different About It This Time?

Please join us on November 7, 2023, from 12:15 p.m. to 1:15 p.m. in Myron Taylor Hall G85 of Cornell Law School for a lunchtime seminar given by our guest Muzaffar Chishti and moderated by Stephen Yale-Loehr. 

Food will be provided during the event, so please RSVP at https://cornell.ca1.qualtrics.com/jfe/form/SV_bxQgGPjwGJmgu8K

Join Mr. Chishti and Professor Yale-Loehr as they discuss the history of recent migrant flows to the U.S. border, the current migrant surge at the border, the impact on cities and states beyond the border, and possible impacts on federal immigration policy.

Muzaffar Chishti is a Senior Fellow at the non-partisan Migration Policy Institute (MPI) and Director of MPI’s office at New York University School of Law. He received his LLM from Cornell Law School in 1975.

Steve Yale-Loehr teaches immigration and asylum law at Cornell Law School as Professor of Immigration Practice and is of counsel at Miller Mayer in Ithaca, New York. 

Can’t make it to our event in-person? You can attend virtually!

We are also livestreaming the event, so you can sign up to attend via Zoom at this link: https://cornell.zoom.us/webinar/register/WN_RwEvxopRTWOfcootUY5-qA

Please feel free to distribute the link to anyone you feel would be interested in the seminar. All are welcome!

This event is co-sponsored by the Cornell Migrations Initiative.  

*********************

Sorry, “zoomers,” but you will have to provide your own food!☹️

“Open borders” is a dangerous myth pushed by GOP nativist pols and “closet nativist” Dems. In fact, the border has never been more fortified, inhospitable, and deadly than it is now. See, e.g., https://www.axios.com/2023/10/17/us-mexico-border-open-borders-myth. Border deaths are up. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj2_OP3opGCAxXjElkFHQjFDUUQFnoECBMQAw&url=https://www.voanews.com/a/iom-us-mexico-border-the-deadliest-land-crossing-in-the-world-/7297145.html#:~:text=Fatalities%20double%20in%20fiscal%202023,with%2071%20in%20fiscal%202022.&usg=AOvVaw1VipHkDxFBrakZDiwTcyB9&opi=89978449.

The Title 42 farce instituted by Trump, under false pretenses, to unjustly suspend asylum laws has expired. But, the Biden Administration has come up with its own scofflaw regulations and policies intended to “meter” the flow of legal asylum seekers at ports of entry and to improperly “punish” those who exercise their legal rights by entering and turning themselves in to CBP. Biden’s BIA continues to churn out unrealistic hyper-technical asylum precedents (that actually fly in the face of precedents like Cardoza-Fonseca and Mogharrabi) and wrong, anti-asylum decisions intended to “deter and discourage” asylum seekers from applying and to make it unnecessarily difficult, frustrating, and time consuming for pro bono lawyers to represent them!

Yet, desperate forced migrants continue to come. That’s hardly “rocket science” given that the world is experiencing record forced migration from various causes. See https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf. 

Contrary to the nativist myths, the U.S. does NOT bear the brunt of increased forced migration! Even in the Western Hemisphere, Colombia has many times more displaced Venezuelans than the U.S. Indeed, the U.S. experience, no matter how much it’s hyped or distorted by nativists and shallow media alarmists, is only a relatively modest slice of the pie. Over three quarters of the world’s forced migrants end up in low and middle income countries outside the U.S. https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf. Yet, you would never know that from listening to the apocalyptic narrative of GOP nativists and their Dem “fellow travelers!”

Years of cruelty, dehumanization, fortification, imprisonment, prosecution, endangerment, harsh laws, family separations, racist rhetoric, illegal turn backs, and summary deportations of asylum seekers in the U.S. and at the border have demonstrably, and quite predictably, failed to stop or materially deter forced migration stemming from causes outside of U.S. legal policies. Yet, most of our “dialogue” about the U.S. border and immigration start with the bogus assumption that closing the border and unilaterally suspending due process and domestic and international legal obligations will effectively create “Fortress America” where no migrant will dare to tread!

A real discussion of the border and migration must reject nativist myths, racist tropes, and media alarmism by starting with the truth. That is:

  • Human migration is a real and inevitable worldwide phenominon;
  • No one nation-state can unilaterally stop or prevent human migration;
  • Because of climate change and political instability in the world, forced migration is likely to increase in the foreseeable future;
  • Seeking asylum is a basic legal and human right;
  • The U.S. will have to accept more migrants, whether legally (preferable)  or extralegally (the alternative).

Only by “ditching” and getting beyond nativist myths can we develop solutions that will deal realistically and humanely with human migration. I’m hoping that these two knowledgeable migration and legal experts can get us beyond the myths and to a discussion of practical, achievable actions!

🇺🇸 Due Process Forever!

PWS

10-25-23

🇺🇸⚖️🗽📚 CMS PROUDLY ANNOUNCES THE OSUNA COLLECTION: “Honoring The Late, Great Juan Osuna on Access to Justice, the Rule of Law and Due Process!”

Juan P. Osuna
Juan P. Osuna (1963-2017)
Judge, Executive, Scholar, Teacher, Defender of Due Process

Special Collection on Access to Justice, Due Process and the Rule of Law in Tribute to Juan Osuna

On November 15, 2018, CMS hosted an event on access to justice, due process and the rule of law to honor the legacy of Juan Osuna, a close colleague and friend who held high-level immigration positions in four administrations over a 17-year period. Prior to his government service, Mr. Osuna served as a respected editor and publisher and a close collaborator with many civil society organizations. As a follow-up to its gathering, CMS is publishing a series of blogs, essays, talks, and papers on the values and issues to which Mr. Osuna devoted his professional life. It will ultimately compile these papers into a CMS special collection in Mr. Osuna’s memory. CMS hopes that this special collection will contribute to the development of a removal adjudication system that operates in a fair, equitable, effective, and rights-respecting way.

Publications

Access to Justice, the Rule of Law, and Due Process in the US Immigration System: A Tribute to Juan Osuna
By Donald Kerwin
Date of Publication: June 16, 2023

The US Immigration Courts, Dumping Ground for the Nation’s Systemic Immigration Failures: The Causes, Composition, and Politically Difficult Solutions to the Court Backlog
By Donald Kerwin and Evin Millet
Date of Publication: May 25, 2023

Charitable Legal Immigration Programs and the US Undocumented Population: A Study in Access to Justice in an Era of Political Dysfunction
By Donald Kerwin and Evin Millet
Date of Publication: September 28, 2022

Strengthening the US Immigration System through Legal Orientation, Screening and Representation: Recommendations for a New Administration
By Donald Kerwin
Date of Publication: August 26, 2020

Universal Representation: Systemic Benefits and the Path Ahead
By Lindsay Nash
Date of Publication: August 19, 2019

An Overview and Critique of US Immigration and Asylum Policies in the Trump Era
By Paul Wickham Schmidt
Date of Publication: August 14, 2019

Reflections on a 40-Year Career as an Immigration Lawyer and Judge
By Hon. Dana Leigh Marks
Date of Publication: April 8, 2019

Access to Counsel and the Legacy of Juan Osuna
By Ingrid V. Eagly
Date of Publication: February 5, 2019

Access to Justice in a Climate of Fear: New Hurdles and Barriers for Survivors of Human Trafficking and Domestic Violence
By Kathryn Finley
Date of Publication: January 29, 2019

Moving Away from Crisis Management: How the United States Can Strengthen Its Response to Large-Scale Migration Flows
By Rená Cutlip-Mason
Date of Publication: January 23, 2019

No Agency Adjudication?
By Jill E. Family
Date of Publication: December 18, 2018

Immigration Adjudication: The Missing “Rule of Law”
By Lenni B. Benson
Date of Publication: August 8, 2018

*********************

Juan was my friend, colleague, fellow Adjunct Professor at Georgetown Law, and one of my successors as BIA Chair.  My tribute to Juan at the time of his untimely death in 2017 was, I believe, the “most viewed item ever” on “Courtside.” For those who missed it, here it is. https://wp.me/p8eeJm-1gd.

I am honored to have one of my articles included with those of amazing immigration “practical scholars” in this connection!

Many thanks to Don Kerwin for alerting me to this “Tribute Collection” and for his work in putting it together. I know that Don was a close friend and admirer of Juan’s comprehensive and inspiring body of work! Don’s heartfelt introduction, Access to Justice, the Rule of Law, and Due Process in the US Immigration System: A Tribute to Juan Osuna, and several of his original works are included in this collection!

Donald M. Kerwin
Donald M. Kerwin

🇺🇸 Due Process Forever!

PWS

06-18-23

⚖️🧑‍⚖️ THERE’S STILL TIME (BUT NOT MUCH) TO REGISTER FOR CMS’S “DEEP DIVE” INTO EOIR’S DYSFUNCTION, WITH TRUE EXPERTS

 

TOMORROW, June 6 at 12:30pm ET, the Center for Migration Studies of New York (CMS) will host a webinar and discussion on its latest paper entitled, The US Immigration Courts, Dumping Ground for the Nation’s Systemic Immigration Failures: The Causes, Composition, and Politically Difficult Solutions to the Court Backlog, by Donald Kerwin and Evin Millet.

Experts on the immigration court system will highlight the systemic problems in the US immigration system that have caused and sustained the backlog, and offer recommendations for reversing the backlog.

Speakers include:

  • Donald Kerwin, former executive director of CMS and Editor of the Journal of Migration and Human Security
  • Mimi Tsankov, President, National Association of Immigration Judges and member, Expert Advisory Group
  • Richard A. Boswell, Professor of Law, UC College of Law, San Francisco, and member, Expert Advisory Group

As well as additional members of the Expert Advisory Group:

  • Gregory Chen, Senior Director of Government Relations, American Immigration Lawyers Association
  • Anna Gallagher, Executive Director, Catholic Legal Immigration Network, Inc.
  • Karen T. Grisez, Pro Bono Counsel, Fried, Frank, Harris, Shriver, and Jacobsen, LLP
  • Hon. Dana Leigh Marks (retired), President Emerita, National Association of Immigration Judges (in her personal capacity)
  • Michele Pistone, Professor of Law, Villanova University
  • Andrew Schoenholtz, Professor from Practice, Georgetown University Law Center
  • Denise Noonan Slavin, retired judge, Adjunct Professor, St. Thomas University School of Law
  • Charles Wheeler, Senior Attorney/Director Emeritus, Catholic Legal Immigration Network, Inc.
Click the button below to register for FREE!
REGISTER
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The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.

Copyright © 2023 Center for Migration Studies, New York, All rights reserved.

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Center for Migration Studies, New York · 307 East 60th Street · New York, NY 10022 · USA

***********************

To be bluntly honest, this panel of experts appears to be the group that an Administration seriously committed to restoring due process, fundamental fairness, and best practices to the “retail level” of U.S. justice would have hired in January 2021, to clean house 🧹 and institute lasting institutional reforms at America’s worst courts!

They have been “hiding in plain sight” for the past 2.5 years while Garland has been flailing and failing to bring order and long-overdue reforms to his tragically broken system!

Clown Car
Isn’t it time to finally get the “EOIR Clown Show” off the road before it causes more fatalities? Many experts think so!
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

🇺🇸 Due Process Forever!

PWS

06-05-23

⚖️ DON KERWIN & EVIN MILLET MAKE CASE THAT IMMIGRATION COURT DISASTER GOES FAR BEYOND EOIR:  “The US Immigration Courts, Dumping Ground for the Nation’s Systemic Immigration Failures: The Causes, Composition, and Politically Difficult Solutions to the Court Backlog!”

Donald M. Kerwin
Donald M. Kerwin, Senior Research Associate, University of Notre Dame

In forwarding this article, Don says: “The report makes the case that the backlog has nothing to do with the immigration courts and everything to do with systemic, unresolved problems in the broader US immigration system.”

Here’s the abstract with a link to the article:

https://journals.sagepub.com/doi/10.1177/23315024231175379

Abstract

The US immigration court system seeks to “fairly, expeditiously, and uniformly administer and interpret US immigration laws” (DOJ 2022a). It represents the first exposure of many immigrants to due process and the rule of law in the United States, and occupies an integral role in the larger US immigration system. Yet it labors under a massive backlog of pending cases that undermines its core goals and objectives. The backlog reached 1.87 million cases in the first quarter of FY 2023 (Straut-Eppsteiner 2023, 6). This paper attributes the backlog to systemic failures in the broader immigration system that negatively affect the immigration courts, such as:

Visa backlogs, United States Citizen and Immigration Services (USCIS) application processing delays, and other bottlenecks in legal immigration processes.
The immense disparity in funding between the court system and the Department of Homeland Security (DHS) agencies that feed cases into the courts.
The failure of Congress to pass broad immigration reform legislation that could ease pressure on the enforcement and court systems.
The lack of standard judicial authorities vested in Immigration Judges (IJs), limiting their ability to close cases; pressure parties to “settle” cases; and manage their dockets.
The absence of a statute of limitations for civil immigration offenses.
Past DHS failures to establish and adhere to enforcement priorities and to exercise prosecutorial discretion (PD) throughout the removal adjudication process, including in initial decisions to prosecute.
The location of the Executive Office for Immigration Review (EOIR), which oversees US immigration courts, within the nation’s preeminent law enforcement agency, the Department of Justice (DOJ).
The misconception of many policymakers that the court system should primarily serve as an adjunct to DHS.
A past record of temporary judge reassignments and government shutdowns.

The paper supports a well-resourced and independent immigration court system devoted to producing the right decisions under the law. Following a short introduction, a long section on “Causes and Solutions to the Backlog” examines the multi-faceted causes of the backlog, and offers an integrated, wide-ranging set of recommendations to reverse and ultimately eliminate the backlog. The “Conclusion” summarizes the paper’s topline findings and policy proposals.

*********************************

This is a “treasure trove” of information about systemic failure of our Immigration Courts, for which I am deeply grateful to Don & Evin.

So, is EOIR a symptom or a cause of immigration dysfunction, or a mixture of both?

I’m inclined to believe that notwithstanding the evidence described in the article that EOIR is largely a “victim” of deeper problems in our immigration system, there is a strong case to be made that more principled Attorneys General, more courageous and talented EOIR personnel, and a Democratic Party with democratic values and a spine could have thrust EOIR into a due process and legal expertise leadership role, thereby making the current immigration system operate more fairly, efficiently, and in the public interest. 

I don’t think that the Democratic Party can continue to use the lack of overall immigration reform, something the current GOP does not want to see and will continue to block, is an excuse for not making the current legal system work better, starting with EOIR. See, e.g., https://immigrationcourtside.com/2023/04/14/%e2%9a%96%ef%b8%8f%f0%9f%97%bd%f0%9f%87%ba%f0%9f%87%b8-speaking-out-matthew-at-the-border-acting-on-the-message-of-chapter-25/\

It’s a shame that we’ll never know the truth. That just leaves commentators and scholars to analyze the carnage and to speculate on “what might have been” or “what could be” in a different political atmosphere. 

This is perhaps interesting, even significant, from an historical standpoint. But, the practical effect remains to be seen.

If I could have just one immigration “reform, it would be an Article I EOIR! Without due process, all other reforms and improvements are doomed to failure!

🇺🇸 Due Process Forever!

PWS

05-28-23

☠️👎🏽 UNMITIGATED DUE PROCESS DISASTER! 🤮 — GARLAND’S TOTALLY OUT OF CONTROL “COURTS” DAMAGE HUMANITY, DEGRADE AMERICAN JUSTICE!🏴‍☠️

Alexandra Villarreal
Alexandra Villarreal
Freelance Reporter
The Guardian

Alexandra Villarreal reports for The Guardian:

https://www.theguardian.com/us-news/2022/feb/21/us-immigration-courts-cases-backlog-understaffing?CMP=Share_iOSApp_Other

. . . .

On the line are millions of futures. Undocumented immigrants who fear being split from their American children and spouses, people facing persecution and death in their countries of origin, or those being sent to countries they haven’t seen in decades are all fighting for fair play and often literally their lives in courts ill-equipped to do them justice.

“Let’s make it absolutely clear: due process is suffering,” said Muzaffar Chishti, a senior fellow at the Migration Policy Institute. “There’s just no way around that.”

Chishti said he sees all the hallmarks of a strong administrative law system suffering in the nation’s immigration courts, which are housed under the Department of Justice in the executive branch of the federal government, not within the judicial branch.

“It is a system in crisis,” he said.

After Trump made hardline anti-immigration policies pivotal to his 2016 presidential campaign, he flooded courts with judges more inclined to order deportations, Reuters reported.

His administration hired so many new immigration judges so hastily that the American Bar Association warned of “under-qualified or potentially biased judges”, many of whom had no immigration experience.

And as officials such as then-attorney general Jeff Sessions made sweeping proclamations that “the vast majority of asylum claims are not valid”, judges simultaneously confronted performance metrics demanding they each race through at least 700 cases a year.

Yet in the roughly 70 US immigration courts across the country, judges are deciding complex cases with potentially lethal consequences.

People ranging from asylum seekers forced to wait in Mexico to unaccompanied children crossing the border on foot, to longtime undocumented residents with families stateside end up appearing in court, often without attorneys to help them parse the country’s byzantine laws.

In a process smacking of a zip code lottery, one judge in New York may grant nearly 95% of asylum petitions while colleagues in Atlanta almost universally deny similar requests, creating a patchwork of standards.

. . . .

***************************

Read Alexandra’s full report at the link.

Alfred E. Neumann
Garland’s stubbornly indolent approach to racial justice and due process at “Justice” endangers the lives of millions of vulnerable humans! PHOTO: Wikipedia Commons

Not news to Courtside readers or the millions whose lives and futures are caught up in Garland’s totally dysfunctional morass! And, that doesn’t even include hundreds of thousands of migrants orbited to danger under bogus “border closure” gimmicks that Garland and his ethically-challenged DOJ continue to defend!

While Garland and his top lieutenants might be too willfully tone deaf to “get it,” many legislators are “connecting the dots” between the systemic racial injustice and indifference to human life exhibited in Garland’s failed immigration justice system and the endemic problem of racial justice in America.  See, e.g.https://www.menendez.senate.gov/newsroom/press/menendez-booker-lead-100-congressional-colleagues-in-urging-president-biden-to-reverse-inhumane-immigration-policies-impacting-black-migrants

There will be no racial justice in America without immigrant justice!

🇺🇸 Due Process Forever!

PWS

02-21-22

THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

PRACTICE ALERTS

 

Mandatory E-Filing with EOIR Is Now in Effect

Efiling is not permitted for cases with a preexisting paper file, but all new cases moving forward require efiling with ECAS.

Once a case is fully ECAS, you do not need to serve ICE separately. However, you still need to submit a certificate of service that lists ECAS as the means of service. eService/mail can still be used on paper files. eService is the only method of filing for PD requests.

Also, EOIR apparently has not come up with a system for filing motions to substitute counsel in ECAS. The system physically will not let you file a new primary E-28 if there already is an attorney, and you cannot file a motion without an E-28. The workaround so far has been to file a non-primary E-28 and then to ask the court to change it to primary. Hopefully, EOIR will fix this soon.

 

Updated Legal Assistant Directories for NYC (attached)

 

NEWS

 

U.S. to try house arrest for immigrants as alternative to detention

Reuters: The Biden administration will place hundreds of migrants caught at the U.S.-Mexico border on house arrest in the coming weeks as it seeks cheaper alternatives to immigration detention, according to a notice to lawmakers and a U.S. Department of Homeland Security (DHS) official. A 120-day pilot program will be launched in Houston and Baltimore, with 100-200 single adults enrolled in each location, according to the notice, which was sent by U.S. Immigration and Customs Enforcement (ICE) and reviewed by Reuters. See also Immigrant Rights Organizations Call on Biden to Stop Expansion of Surveillance and End the Immigration Detention System as a Whole.

 

The Continuing Impact of The Pandemic on Immigration Court Case Completions

TRAC: As of the end of January 2022, the pace of Immigration Court work continues to lag as a result of the pandemic. There have been not only fewer case completions, but the average time required to dispose of each case has doubled since before the pandemic began.

 

Nationwide Labor Pause Planned In ‘Day Without Immigrants’ Protest

LAA Weekly: Valentine’s Day has been strategically selected for the “Day Without Immigrants” protest, as it is a day where an abundance of consumer spending occurs, through labor that is often carried out by immigrants.

 

Quick Fix to Help Overwhelmed Border Officials Has Left Migrants in Limbo

NYT: These migrants were instructed to register with Immigrations and Customs Enforcement within 60 days to complete the process the border officials started. But in some parts of the country, local ICE offices were overwhelmed and unable to give them appointments. So the Haitian family and other new arrivals have spent months trying in vain to check in with ICE and initiate their court cases.

 

US citizenship agency reverts to welcoming mission statement

AP: The new statement unveiled Wednesday by Citizenship and Immigration Services Director Ur Jaddou is symbolic but somewhat restores previous language after the agency removed a reference in 2018 to the U.S. being a “nation of immigrants.”

 

Salvadoran Denied Naturalization Over Pot Dispensary Job

Law360: A Washington federal judge has ruled that a Salvadoran citizen’s U.S. naturalization application was properly denied because of her admission that she distributes marijuana as co-owner of a state-licensed dispensary.

 

EOIR Apologizes After Asking Atty To Delete Tweets

Law360: The U.S. Department of Justice’s Executive Office for Immigration Review apologized on Tuesday to an attorney after asking her to delete tweets about immigration court hearings for people enrolled in the controversial “Remain in Mexico” program.

 

Undocumented parents have weathered a pandemic with no safety net

WaPo: A patchwork of federal aid kept many families afloat during the pandemic, but families with undocumented parents did not qualify for most of it, including unemployment insurance, the stimulus payments, Medicaid and food stamps.

 

LITIGATION/CASELAW/RULES/MEMOS

 

AO issues NOID for Afghan Who Worked for U.S.

Boston AO: A NOID from the asylum office stated that an individual who worked for the U.S. government as a mechanic had not demonstrated a fear of future persecution based on his imputed political opinion. The AO held there was insufficient evidence the Taliban was or would become aware of his imputed political option. The AO also stated the Taliban does not have the capability to persecute all former employees of the U.S. and the applicant had not demonstrated similarly situated people were being targeted. Counsel has submitted a detailed rebuttal with testimony from a US military official, and the applicant’s mother was granted asylum by a different officer.

 

District Court Vacates Two Trump Administration Asylum EAD Rules

AILA: A federal district court vacated the final rules “Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications” and “Asylum Application, Interview, and Employment Authorization for Applicants.” (AsylumWorks v. Mayorkas, 2/7/22)

 

Lawsuit against the BIA Levels the Legal Playing Field for Immigrant Advocates

NYLAG: Under the settlement, the Board will be required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access to these opinions within six months of when they are issued. The Board also must post its decisions dating back to 2017 as well as some from 2016. Posting will begin in October 2022 and will be phased in over several years.

 

2nd Circ. Says BIA Undercuts Precedent In Asylum Case

Law360: The Second Circuit on Wednesday granted a Nigerian man’s petition for review of a Board of Immigration Appeals order that denied him asylum, finding that the agency made several legal and procedural errors and did not adequately explain its reasons.

 

3rd Circ. Says Nigerian Paroled Into US Wasn’t ‘Admitted’

Law360: The federal government properly charged a Nigerian man as inadmissible to the U.S. rather than removable, because his entry to the country on parole constituted an arrival despite his previous admission, the Third Circuit ruled Friday.

 

CA6 on U Visa Waitlisting: Barrios Garcia v. DHS

Lexis: We hold that § 706(1) allows the federal courts to command USCIS to hasten an unduly delayed “bona fide” determination, which is a mandatory decision under 8 U.S.C. § 1184(p)(6) and the BFD process. We hold, however, that the federal courts cannot invoke 5 U.S.C. § 706(1) to force USCIS to speed up an unduly delayed pre-waitlist work-authorization adjudication, which is a nonmandatory agency action under 8 U.S.C. § 1184(p)(6) and the BFD process. We hold that Plaintiffs have sufficiently pleaded that USCIS has unreasonably delayed the principal petitioners’ placement on the U-visa waitlist.

 

9th Circ. Finds Part Of Immigration Law Unconstitutional

Law360: The Ninth Circuit invalidated the subsection of a law that makes it a crime to encourage unlawful immigration, ruling Thursday it is overbroad and covers speech that is protected by the First Amendment.

 

9th Circ. Rejects Mexican Kidnapping Victim’s Protection Bid

Law360: The Board of Immigration Appeals need only to consider the possibility — not the reasonableness — of an immigrant’s safe relocation back to their home region when weighing protections under the Convention Against Torture, the Ninth Circuit ruled Wednesday.

 

USCIS, Immigrants Get Approval To Bar Juvenile Policy In NJ

Law360: A New Jersey federal judge signed off Wednesday on a class action settlement that would prevent the U.S. Citizenship and Immigration Services from refusing to place young immigrants on the path to a green card based on Garden State family court findings.

 

Foreign Spouses May Work With Feds’ Approval At Border

Law360: U.S. Customs and Border Protection is marking the entry records of certain foreign executives’ spouses to show that they are immediately eligible to work in the U.S. without going through the monthslong process of obtaining a work permit.

 

EOIR to Close Fishkill Immigration Court

AILA: EOIR will close the Fishkill Immigration Court due to the closure of the Downstate Correctional Facility in which the court is located. Holding hearings at the location will cease at close of business on February 17, 2022. Pending cases at time of closure will transfer to Ulster Immigration Court.

 

EOIR Clarifies Alternative Filing Locations

AILA: EOIR updated its Operation Status website with information clarifying that alternate filing locations are designated for the purpose of filing emergency motions and explaining how it will treat other filings if a court is closed.

 

USCIS Issues Updated Policy Guidance Addressing VAWA Petitions

AILA: USCIS updated policy guidance addressing VAWA petitions, specifically changing the interpretation of the requirement for shared residence. The guidance also affects use of INA 204(a)(2), implements the decisions in Da Silva v. Attorney General and Arguijo v. United States, and more.

 

DHS and VA Launch New Online Resources for Noncitizen Service Members, Veterans, and Their Families

AILA: DHS, in partnership with the Department of Veterans Affairs and Defense, launched an online center to consolidate resources for noncitizen service members, veterans, and their families, including a request form for current or former service members seeking return to the U.S. after deportation.

 

USCIS Updates Policy Guidance on VAWA Self-Petitions

USCIS: We are updating our interpretation of the requirement for shared residence to occur during the qualifying spousal or parent-child relationship. Instead, the self-petitioner must demonstrate that they are residing or have resided with the abuser at any time in the past.

We are also implementing nationwide the decisions in Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), and Arguijo v. United States, 991 F.3d 736 (7th Cir. 2021). Da Silva v. Attorney General held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.” Arguijo v. USCIS allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions even if the parent and stepparent divorced.

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, February 14, 2022

Sunday, February 13, 2022

Saturday, February 12, 2022

Friday, February 11, 2022

Thursday, February 10, 2022

Wednesday, February 9, 2022

Tuesday, February 8, 2022

Monday, February 7, 2022

 

 

 

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***************

After two plus decades of largely wasted time, effort, and resources, EOIR finally moves into the era of E-Filing! 

Elizabeth notes one of the “initial workarounds” for motions to substitute counsel. While early glitches are to be expected in any system, this one seems odd because: 1) the system has supposedly been extensively “beta tested;” and 2) motions to substitute counsel have to be one of the most common motions filed at EOIR (particularly with cases often taking many years to complete with the ever-growing 1.6 million case backlog.)

I’d be interested in getting any “practitioner feedback” on how this system (applicable only to newly filed NTAs) is working out for them. You can just put in the “comments box” for this post.

Speaking of backlog, this excellent recent study and analysis from CMS (under “Friday Feb. 11” above) certainly suggests that the majority of the “aged cases” being “warehoused” by Garland’s EOIR relate to law-abiding long-term residents who are already firmly grounded in our society and should be prime candidates for “non-priority” status and removal from the dockets. 

Undocumented immigrants contribute to every aspect of the nation’s life.16 During the COVID-19 pandemic, the case for legalization has become increasingly evident to the public and policymakers due, in part, to the fact that a remarkable 74 percent of the nation’s 7.3 million undocumented workers meet DHS’s definition of essential workers (Kerwin and Warren 2020). As the nation ages and its population over age 65 exceeds that under age 15 (Chamie 2021), the need for immigrant workers will only increase. US fertility rates fell for five consecutive years prior to the COVID-19 pandemic, and the US birth rate decreased by four percent in 2020 (Barroso 2021).17

Legalization programs benefit the larger society: they “raise wages, increase consumption, create jobs, and generate additional tax revenue” (Hinojosa-Ojeda 2012, 191).18 One study has estimated that broad immigration reform legislation, including a legalization program and a flexible, rights-respecting, legal immigration system, would add $1.5 trillion to the US gross domestic product over 10 years (ibid., 176). Another study found that a legalization program would increase the productivity, earnings, and taxes paid by the legalized, resulting in increased contributions to the Social Security (SS) program, which would more than offset the SS benefits that they would receive (Kugler, Lynch and Oakford 2013).

Indeed, the data in the CMS study confirms what many of us have suspected for a long time: That deportation of many of the individuals now occupying the Immigration Court’s mind-boggling docket backlog actually would be a counterproductive “net loss” for the U.S.!

So, why are Garland and Mayorkas letting the backlog fester and ooze disorder and injustice? ☠️ Rather than using largely self-created backlogs to support more “enforcement gimmicks” purporting to lead to the forced removal of many productive members of our society, EOIR is long overdue for some form of the “Chen Markowitz Plan” in anticipation of the types of ameliorative legislation outlined in the CMS study.  

Ready to Stay: A Comprehensive Analysis of the US Foreign-Born Populations Eligible for Special Legal Status Programs and for Legalization under Pending Bills by Donald Kerwin, José Pacas, Robert Warren

https://immigrationcourtside.com/2021/02/04/its-not-rocket-science-%f0%9f%9a%80-greg-chen-professor-peter-markowitz-can-cut-the-immigration-court-backlog-in-half-immediately-with-no-additional-resources-and/

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies — He and his friends at CMS have some great ideas on immigration and human rights backed by some of the best scholarship around! Why are Garland, Mayorkas, and others “tuning them out” while they continue to bungle immigration policy, degrade human rights, and undermine our legal system?

Garland’s disgraceful failure to put a “Progressive A-Team” in charge at EOIR continues to drag down our entire justice system.

Note that Sessions and Barr had no trouble and no hesitation installing their “Miller Time” restrictionist team at DOJ and EOIR despite almost universal outrage and protests from human rights advocates, immigration experts, and some legislators! 

Why do Dems keep appointing AG’s who are too “tone deaf,” clueless, and timid to fully “leverage” the almost unlimited potential of reforming EOIR to be a font of due process, best practices, and scholarly,  efficient judging?

Why do Dems prefer the equal and racial justice “disaster zone” that they have helped to create, aided, and abetted over the past two decades of abject failure and disorder at EOIR?

There is a reason why Chair Lofgren and others on the Hill are pushing for Article I! But, that in no way diminishes or excuses the failure of Garland to make available due process and best practices reforms at EOIR, including a major shakeup of “Trump holdover” judges and managers who aren’t up to the job of running a system “laser-focused” on due process and fundamental fairness!

🇺🇸 Due Process Forever!

PWS

02-15-22

🇺🇸🗽IN MEMORIAM: BELOVED “PRACTICAL SCHOLAR” DR. DEMETRIOS G. PAPADEMETRIOU, DIES @ 75 — Renowned Migration Expert Co-Founded Migration Policy Institute, Among Many Other Life Achievements!

 

As reported on ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2022/01/mpi-honors-the-life-of-dr-demetrios-papademetriou.html

Friday, January 28, 2022

MPI Honors the Life of Dr. Demetrios Papademetriou

By Immigration Prof

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Dr. Demetrios G. Papademetriou, president emeritus and co-founder of Migration Policy Institute, and founding president of MPI Europe,  died Wednesday, January 26, at the age of 75. He was one of the world’s pre-eminent scholars and lecturers on international migration, with a rich body of scholarship shared in more than 275 books, research reports, articles and other publications. He also advised numerous governments, international organizations, civil society groups and grant-making organizations around the world on immigration and immigrant integration issues.

Papademetriou began his career as Executive Editor of the International Migration Review. After stints at Population Associates International and the U.S. Labor Department, he served as Chair of the Migration Group of the Organization for Economic Cooperation and Development. He then joined the Carnegie Endowment for International Peace’s International Migration Policy Program, which in 2001 was spun off to create the freestanding Migration Policy Institute.

He co-founded Metropolis: An International Forum for Research and Policy on Migration and Cities, which he led as International Chair for the initiative’s first five years and then served as International Chair Emeritus. He was Chair of the World Economic Forum’s Global Agenda Council on Migration (2009-11) and founding Chair of the Advisory Board of the Open Society Foundations’ International Migration Initiative (2010-15).

Papademetriou, who traveled the world lecturing and speaking at public conferences and private roundtables, also taught at the University of Maryland, Duke University, American University and the New School for Social Research.

MHC

*************************

Demetrios was one of those amazing, charismatic, “larger than life” intellects who could “electrify” a room just by walking through the door. His ability to “connect” with audiences far beyond the world of scholarly research — and to appreciate the “human lives and heroic stories beyond the number-crunching” was unparalleled.  

He led in “putting immigration scholarship on the map” — as an academic discipline, a ground-breaker in clinical legal education, and a basis for progressive migration and human rights policies in government and NGOs. Through his work at MPI, Carnegie, and other institutions, he used scholarship to spur and encourage practical “grass roots” reforms in our immigration system and, indeed, in the international migration system. Many leaders of today’s “New Due Process Army” can trace their “practical scholarly roots” to Demetrios’s inspiration and example!

Perhaps ironically, another recent posting on ImmigrationProf Blog points out how the Biden Administration has disturbingly and inexcusably failed to “cash in” on the full potential of the extraordinary growth in “applied migration scholarship” fueled by Demetrios, his long time friend and colleague former Immigration Commissioner Doris Meissner, MPI Executive Director Donald Kerwin, Jr., and other giants in the field. 

Rather, the Biden Administration has veered far off-track on immigration, human rights, and social justice issues by placing politicos without immigration expertise and lacking both moral courage and belief in fundamental human values in charge of its flailing and failing immigration mess. In particular, these tone-deaf politicos have failed to “connect the dots” between immigrant justice and racial justice in America. 

Not surprisingly, that has resulted in across the board failures, unfulfilled promises, and angry, disgruntled potential allies on meaningful reforms in both areas. This, in turn, has demoralized and turned off the younger, dynamic, diverse, progressive, expert immigration, human rights, and social justice leaders who are key to the future of the Democratic Party and the preservation of American democracy.

https://lawprofessors.typepad.com/immigration/2022/01/mpi-honors-the-life-of-dr-demetrios-papademetriou.html

Talk about a lose-lose-lose approach! And, I guarantee that it hasn’t garnered one vote of support from “hard-liners” and “naysayers” who continue to mindlessly and dishonestly babble about “open borders!”

I’m not exaggerating here. Yesterday, I was on (Zoom) panels in Houston and DC. Both audiences and fellow panelists were stunned and outraged by the betrayal of due process, good government, expertise, common sense, and human values demonstrated by Biden’s “Miller Lite” approach to asylum at the Southern Border, the intentional mistreatment of migrants of color, and Garland’s beyond dysfunctional and chronically unjust Immigration Courts! 

Particular disgust was reserved for the Administration’s intentional, continued, cowardly abuse of Haitian migrants. That, actually says more about their attitude toward true racial justice than the promise to appoint a Black Woman to the Supremes.

Welcome and long overdue as the latter is, it isn’t going to change the result on any major issue before this version of the Supremes. By contrast, the Biden Administration’s anti-Haitian policies are actually harming, dehumanizing, endangering, and even potentially killing Black migrants every day! No wonder they want to “sweep truth under the rug.”   

It’s exactly the type of “applied stupidity,” willful blindness, intentional cruelty, and disdain for common sense, humanity, facts, and relevant experience that Demetrios would have resisted!

🇺🇸Due Process Forever!

PWS

01-29-22

🏴‍☠️TOTALLY LOST IN TRANSLATION!🤮 — Inadequate Interpretation Is Just One Of Many Mockeries Of Due Process In Garland’s Disgracefully Dysfunctional Immigration Courts! — “[T]he promise of justice in immigration court is little more than a façade!”

Maya P. Barak
Maya P. Barak, PhD
Assistant Professor of Criminal Justice Studies
U. of Michigan -Dearborn
PHOTO: UM-D Websitew

https://cmsny.us5.list-manage.com/track/click?u=ab341dd06620fe24c64cc2f00&id=8c2b818989&e=be87a1d505

By Maya P. Barak, University of Michigan-Dearborn:

This quote sums it all up for me:

. . . .

Ultimately, perceptions of justice within immigration court merit examination not despite the fact that due process can be used to manipulate images of fairness, but because of it.

This study highlights just some of the many problems running deep within the US immigration system. Current interpretation and technology practices reveal the promise of justice in immigration court is little more than a façade—at least from immigration attorneys’ perspectives. Further exploration of due process within immigration court is needed to determine whether or not addressing existing interpretation and technology problems through the reforms proposed here would improve immigrants’ access to justice in a meaningful way. Drawing inspiration from movements to abolish the death penalty, prison, and the police, meaningful immigration court reform efforts should also reduce the need for an immigration court altogether.

***************************************

When I arrived at the Arlington Immigration Court in 2003, I found the contract interpreters to be excellent — some truly outstanding. A key part of the “Due Process Team.” 

Before I retired in 2016, however, EOIR “re-competed” the interpretation contract and awarded it to a company that did not appear to have sufficient qualified interpreters already on staff to perform the functions. That company offered to employ most of the interpreters of the “deposed contractor,” but evidently at lower salaries and less favorable terms. The predictable result: Some of the best interpreters left and went to Article III Courts, State Courts, or other types of interpretation offering better wages and working conditions.  

“[T]he promise of justice in immigration court is little more than a façade!” This bears repeating, over and over, until we get the radical due process reforms and long overdue personnel changes we need at EOIR.

This isn’t exactly “new news” to Garland and friends! Shortly after the “Ashcroft Purge of ’03,” Peter Levinson wrote a scholarly, yet scathing, expose’ of the “farce of justice at the BIA” entitled “The Facade Of Quasi-Judicial Independence In Immigration Appellate Adjudication.” 

https://immigrationcourtside.com/2018/05/17/courtside-history-lest-we-forget-the-ashcroft-purge-at-the-bia-in-2003-destroyed-the-pretext-of-judicial-independence-at-eoir-forever-heres-how-read-peter-levinson/

EYORE
“Eyore In Distress” — Some believe that Attorney General Merrick Garland could be charged with “cruelty to stuffed animals” for his callous failure to heed the desperate cries for help from poor abused, long suffering EYORE.

Nearly two decades later, now almost a year into the second “post-Ashcroft” Dem Administration, and still no effective corrective actions at EOIR! Indeed, whatever remnants of due process might have existed in 2003 have deteriorated steadily since then, despite nearly nine years of Dem Administrations and enough weighty evidence to sink a battleship. During that time, thousands of lives and American families have been ruined and several generations of immigration attorneys driven to despair (some quitting the field) by a system any first year law student could see is totally out of compliance with Constitutional due process and fundamental fairness!

🇺🇸Due Process Forever!

PWS

11-12-21

@WASHPOST: CATHERINE RAMPELL SAYS IT WELL! — “Contrary to Trumpers’ claims, keeping our word to Afghan allies in trouble is wholly consistent with a philosophy that puts ‘America First.’ Indeed, it’s central to the entire operation.”  — Getting Beyond Bogus Racist Nativism To A Robust, Honest, Expanded Legal Immigration System That Treats Refugees & Asylees Fairly, Humanely, & Generously — As Assets, Not “Threats” — Is Putting America First!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/2021/08/26/putting-america-first-would-require-keeping-our-word-afghan-allies/

Opinion by Catherine Rampell

August 26 at 5:56 PM ET

Trumpy nativists, posing as fiscal conservatives, want you to question whether the United States can afford to take in Afghan allies and refugees.

The better question is whether we can afford not to.

The Republican Party has cleaved in recent weeks over the issue of Afghan refugees, specifically those who served as military interpreters or otherwise aided U.S. efforts. On the one hand, Republican governors and lawmakers around the country have volunteered to resettle Afghan evacuees in their states. Likewise, a recent CBS News/YouGov poll found that bringing these allies to the United States is phenomenally popular, garnering support from 76 percent of Republican respondents. Influential conservative constituencies are invested in this issue, too, including veterans’ groups and faith leaders.

On the other hand, the Trump strain within the GOP has been fighting such magnanimous impulses with misinformation.

Xenophobic politicians and media personalities have been conspiracy-theorizing about the dangers of resettling Afghan allies here — even though we had previously entrusted these same Afghans with the lives of U.S. troops and granted them security clearances. And even though they go through additional extensive screening before being brought to our shores.

No matter; if you listen to Tucker Carlson and his ilk, you’ll hear that these Afghans are apparently part of a secret plot to replace White Americans, and that untamed Afghan hordes are going to rape your wife and daughter.

Often these demagogues try to disguise their racist objections to refugee resettlement (and immigration more broadly) as economic concerns. Their claim: that however heartbreaking the footage from the Kabul airport, compassion for Afghan refugees is a luxury Americans simply cannot afford.

Refugees are somehow responsible for existing housing shortages, proclaims Carlson. (This is demonstrably false; the reason we have too little affordable housing is primarily because people like Carlson oppose building more and denser housing.) More refugees would sponge up precious taxpayer dollars, according to Rep. Marjorie Taylor Greene (R-Ga.). And in general, refugees — like all immigrants — are a massive drain on the U.S. economy, alleges Stephen Miller.

This is nonsense.

. . . .

***********************
Read Catherine’s complete op-ed at the link!

Thanks, Catherine, for once again standing up to and speaking truth against disgraceful, neo-Nazi, nativist racists like Stephen Miller, Tucker Carlson, and Marjorie Taylor Greene!

As Catherine has observed on this and other occasions, in addition to all of the legal and moral reasons for welcoming them, refugees are good for the U.S. economy. See, e.g., https://immigrationcourtside.com/2018/09/04/forget-trumps-white-nationalist-lies-three-ways-immigrants-have-2-cms-refugees-are-good-for-ame/

By contrast, one might well ask what “value added” folks like Stephen Miller and his buddies, (Miller has largely sponged off of taxpayer funds while looking for ways to inflict misery on others and destroy America) bring to the table. None, that I can see!

Moreover, even beyond the undoubted value of robust refugee admissions, there is good reason to believe that large-scale migration presents our best opportunity for salvation and prosperity, rather than the “bogus threat” posited by Miller & Co.

As Deepak Bhargava and Ruth Milkman recently, and quite cogently, wrote in American Prospect:

. . . .

A “Statue of Liberty Plan” for the 21st century could make the United States the world’s most welcoming country for immigrants. Right now, the foreign-born share of the U.S. population lags behind that of Canada, Australia, and Switzerland. In order to surpass them, the United States would have to admit millions more people each year for a decade or longer. We currently admit immigrants to promote family integration, meet economic needs, respond to humanitarian crises, and increase the diversity of our population from historically underrepresented countries. Under this plan, we could dramatically expand admissions in all four categories and add a fifth category to recognize the claims of climate migrants. As a civic project of national renewal, with millions of people playing a role in welcoming new immigrants, such a policy could reweave frayed social bonds and create a healthier, outward-looking, multiracial national identity.

The politics of immigration, however, lag far behind the moral and economic logic of the case for a pro-immigration policy. The immigrant threat narrative has become so pervasive that many liberals have embraced it, if only because they hope to fend off threats from right-wing nationalists. President Obama not only deprioritized immigration reform in his first term but deported record numbers of immigrants, hoping that such a display of “toughness” might win support for legalization of the undocumented immigrants already here. Hillary Clinton advocated liberal immigration policies in her 2016 presidential campaign but later tacked toward restrictionism. Liberals and leftists across the global North, from Austria to France to the U.K., have offered similar concessions to nativism. But mimicking right-wing appeals is a losing gamble that only serves to legitimize the anti-immigrant agenda and its standard-bearers.

There are promising signs of potential for shifting the debate, however, if progressives lean in. Polling shows that Americans increasingly reject the immigrant threat narrative, largely due to Trump’s shameless cruelty. Last year, for the first time since Gallup began asking the question in 1965, more Americans supported increased levels of immigration than supported reduced levels. A telling barometer of how the sands are shifting is that President Biden’s proposed immigration bill is far to the left of what Obama proposed.

The work of shifting gears toward a more welcoming policy can begin right now by fully welcoming immigrants who already reside in our country. A crucial starting point would be to include a path to citizenship for essential workers, Dreamers, farmworkers, and Temporary Protected Status holders in the American Jobs Plan Congress is considering. This is not only a humane approach, but it also will stimulate economic growth and thus help finance other parts of the plan. A separate campaign by the Biden administration (not requiring congressional action) to simplify the naturalization process for nine million eligible green-card holders would help make the nation’s electorate more reflective of its population.

Getting the politics of immigration right isn’t just important for immigrants. Nativism, built upon the sturdy foundation of racism, remains among the most potent tools in the arsenal of right-wing authoritarians. Any program for economic equity or democracy will be fragile in the absence of a coherent immigration agenda. The antidote to authoritarianism is not to duck, cower, or imitate the nativists, but rather to make the case for opening the door to millions more immigrants.

If slavery and genocide were the country’s original sins, its occasional and often accidental genius has been to renew itself through periodic waves of immigration. Once we expose the immigration threat narrative as the Big Lie that it is, it becomes plain that immigration is not a problem to be solved but an opportunity and necessity to be embraced.

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/why-mass-immigration-is-the-key-to-american-renewal

This, of course, also casts doubt on the wisdom of our current, wasteful and ultimately ineffective, policy of illegally rejecting legal asylum applicants at our Southern Border, rather than attempting in good faith to fit as many as qualify under our current system, as properly and honestly administered (something that hasn’t happened in the past). Additionally wise leaders would be looking for ways to expand our legal immigration system to admit, temporarily or permanently, those whose presence would be mutually beneficial, even if they aren’t “refugees” within existing legal definitions. In this respect, the proposal to modernize our laws to admit climate migrants is compelling.

Remember, as stated above:

Getting the politics of immigration right isn’t just important for immigrants. Nativism, built upon the sturdy foundation of racism, remains among the most potent tools in the arsenal of right-wing authoritarians. Any program for economic equity or democracy will be fragile in the absence of a coherent immigration agenda. The antidote to authoritarianism is not to duck, cower, or imitate the nativists, but rather to make the case for opening the door to millions more immigrants.

NDPA members, keep listening to Catherine and the other voices of progressive wisdom, humanity, practicality, and tolerance. The key to the future is insuring that the “Stephen Millers of the world” never again get a chance to implement their vile, racist propaganda in the guise of “government policy.”

Happily, many Northern Virginians have listened to our “better angels.” Humanitarian aid and resettlement opportunities for Afghan refugees are pouring in, as shown by this report from our good friend Julie Carey @ NBC 4 news:

https://www.nbcwashington.com/news/local/northern-virginia-residents-offer-donations-shelter-to-afghan-refugees/2785567/

Julie Carey
Julie Carey
NOVA Bureau Chief, NBC4 Washington
PHOTO: Twitter

The local couple interviewed by Julie emphasized the impressive “human dignity” of the Afghan refugees! (I also observed this during many years of hearing asylum cases in person at the Arlington Immigration Court.) Compare that with the lack thereof (not to mention absence of empathy and kindness) shown by the nativist naysayers!

🇺🇸Due Process Forever!

PWS

08-27-21

🗽🇺🇸CATHERINE RAMPELL @ WASHPOST STANDS UP FOR REFUGEES & AMERICAN VALUES — President Biden Should Too!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

Catherine writes: 

https://www.washingtonpost.com/opinions/2021/08/19/biden-shouldnt-cave-bigots-evacuating-our-afghan-allies/

. . . .

The White House denies that political cowardice caused its foot-dragging. But if true, this wouldn’t be the first time fear of right-wing blowhards distorted Biden’s immigration policies.

In February, Biden announced he was lifting Donald Trump’s draconian restrictions on worldwide refugee admissions. Then, inexplicably, Biden didn’t sign the paperwork to put his change into effect. Refugees who’d already been fully vetted, approved and booked onto flights by the State Department were left stranded.

For months, the White House refused to explain the delay; spokespeople repeated the same content-free bromides about how Biden believes refugees are “the heart and soul of this country.”

Eventually it came out that Biden was dragging his feet because of worries about political optics.

Then as now, his attempt to duck GOP attacks backfired. His delays inspired several negative news cycles about his broken promises. By the time he finally signed the paperwork, the refugee system had been effectively shut down for months, leaving Biden on track to close out the fiscal year with the lowest refugee admissions on record.

Even lower than under Trump alone.

You might wonder how the nativists have responded to Biden’s attempts to cave to their preferences. Unsurprisingly: They’re still not happy!

Amid Biden’s delays over the refugee ceiling, and his decisions to maintain other (possibly unlawful) Trump-era immigration policies, Trumpers continued to attack him. Fast-forward to today, as former Trump officials ludicrously fearmonger that Afghans who assisted U.S. troops are dangerous and claim that efforts to rescue them are an extension of Biden’s “self-destructive open border policies.” Tucker Carlson and fellow Fox News colleagues accuse Biden of encouraging Afghan refugees to “change” or even “invade” America, offering rhetoric reminiscent of the white-supremacist “Great Replacement” conspiracy theory.

Here’s the thing Biden never learned: No matter what he does, these bad-faith demagogues will accuse him of “open borders.” So he might as well pursue the policies he thinks are right and not let decisions be dictated by fear of how Fox News might frame them.

This is especially true of today’s Afghan refugee crisis, since there are many conservatives who do support efforts to keep our promises to wartime allies and welcome them here for resettlement. They include veterans who fought alongside these allies, as well as Republican governors, senators and congressmen.Republican lawmakers voted overwhelmingly to fund more visas for Afghan allies, as Rep. Peter Meijer (R-Mich.) pointed out in an interview.

“If there is one immigration issue that could have rallied conservatives, it is the protection of Afghans who have helped our military,” said Ali Noorani, president and chief executive of the National Immigration Forum, an advocacy organization working with faith, law enforcement and business leaders. “This was a profound misreading of the politics by the [administration]. And, even worse, believing Tucker Carlson represents America.”

Biden calls himself pro-immigrant. His appointees to senior immigration posts have generally been excellent. And unlike his openly xenophobic predecessor, Biden speaks warmly of newcomers and their contributions to this country. But such words are meaningless if he still caves to the bigots when it matters.

******************

I urge everyone to read Catherine’s complete op-ed at the above link.

As I always say, actions speak louder than words! The essence of Catherine’s article is so true, and bears repeating and remembering by all members of the NDPA:

Here’s the thing Biden never learned: No matter what he does, these bad-faith demagogues will accuse him of “open borders.” So he might as well pursue the policies he thinks are right and not let decisions be dictated by fear of how Fox News might frame them.

None have said it better and more clearly! And, it’s true not just of Biden, but of Dems almost across the spectrum. When “push comes to shove” they are too often unwilling to stand up for their own values and implement them in the face of well-orchestrated right wing lies and myths. 

Having a competent implementation plan, staffed and led by progressive experts, is another frequent Dem failure. The GOP has no problem bringing in unqualified ideologues and hacks to carry out their toxic agendas at the “retail level” of Government.

But, the Dems leave the “progressive all-star team” in the dugout! I’ve pointed out many times that no matter how noble your rhetoric, or meritorious your ideas, you’re doomed to failure if you don’t have the courage, expertise, and determination at the “retail levels” of Government (including the legal system, particularly EOIR) to put better Government into effect.

Catherine is right that many of Biden’s upper level immigration appointees are promising. But, the critical levels below them are still infested with Trump holdovers and folks who simply lack the progressive knowledge, courage, and skill set to constructively solve problems and implement long overdue reforms.

I’ve actually lived through it in a number of Administrations where once in office, the Dems basically carried out the GOP immigration agenda, pissed off some of their most loyal supporters, but were still characterized as “open borders” and “weak” by the GOP while actually killing, maiming, and destroying the lives of those they once had pledged to protect! Could there be a worse result?

As usual, Catherine’s analysis is much clearer, more succinct, and more articulate than the gibberish and double-talk that often comes out of politicians on both sides, but particularly the White Nationalist nativist crowd. I’ve suggested before that the Biden Administration or Dems in Congress would do well to hire Catherine as their spokesperson and “press flackie” on immigration. They also would do well to pay attention to her substantive analysis on issues including immigration and the economy.

Refugees are a huge boon to the United States!  See, e.g., https://immigrationcourtside.com/2018/09/04/forget-trumps-white-nationalist-lies-three-ways-immigrants-have-2-cms-refugees-are-good-for-ame/

But, even if they weren’t, we would have a moral obligation to help Afghan refugees after 20 years in their nation, during which many have been placed in life-threatening situations because of their assistance to us or their adherence to our stated ideals and promises.

Many of us have been warning for some time about the catastrophic human and moral consequences of the Biden Administration’s “slow walk” to repair the intentional, legally questionable, and unconscionable dismantling of the once-proud U.S. Refugee Program done by the Trump White Nationalist kakistocracy and its cowardly cronies, enablers, and bureaucratic toadies. (The same is true of our legal asylum system, which deals with refugees in a different context.)  Now, our worst fears are playing out with the world watching and lives in the balance. 

🇺🇸🗽Due Process Forever!

PWS

08-20-21

LATEST CMS UPDATE BASICALLY CATALOGUES BIDEN ADMINISTRATION’S FAILURE TO GET A HANDLE ON RESTORING REFUGEE & ASYLUM SYSTEMS — Illegally Pushing Folks Back Across The Border, “Orbiting” Them To Harm Or Death, & Funding Human Rights Abuses Beyond Our Borders In The Mold Of Trump, Miller, & Wolf Might Fool The Public, At Least For Awhile — But Experts & Advocates See The Biden Administration’s Failures On Immigration Quite Clearly, As Will History!

 

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April 20, 2021
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Check out this week’s digest of news, resources, faith reflections, and analysis of international migration and refugee protection, brought to you by the Center for Migration Studies of New York (CMS).
Haga clic aquí para la versión en español de la Actualización de Política.
Hopelessness Continues Driving Hondurans to Migrate

The Associated Press (April 17, 2021)

Last month, US Customs and Border Protection (CBP) reported more than 41,000 encounters with Hondurans along the US-Mexico border, an increase of 12,000 over the same period in 2019. Eugenio Sosa, a sociologist at the National Autonomous University in Honduras, said that pervasive violence, deep-seated corruption, lack of jobs, and the devastation of two hurricanes in November 2020 have contributed to hopelessness among Hondurans. “The people don’t go just because it’s really bad,” Sosa said. “The people go because it’s bad and because they are certain that it is going to continue to be bad and that the country has rotted forever.” The Biden administration continues to expel adults arriving at the border under Title 42, which permits immigration authorities to bar foreign nationals for public health reasons and to prevent them from seeking asylum. The policy has not stopped Hondurans from arriving at the US-Mexico border. According to Sosa, small, positive changes in Honduras would encourage some to stay in their home country.

READ MORE

White House Walks Back Order On Refugee Limits After Backlash

NPR (April 16, 2021)

On April 16, 2021, the White House released a memorandum reallocating the 15,000 refugee admission spots for Fiscal Year (FY) 2021.The historically low admissions ceiling was set by the Trump administration. In the early days of his presidency, Biden promised to raise the cap via a presidential determination (PD) to 125,000 for FY 2022 and a February Department of State report recommended an increase in FY 2021 to 62,500 admissions. Friday’s memo reallocated admissions but did not increase the admissions cap. After backlash from Democratic lawmakers, refugee advocates, and human rights groups, the Biden administration issued a statement saying that its memorandum opened up refugee resettlement to regions that had previously been blocked under the Trump administration. The administration said it will raise refugee admissions for the current fiscal year on May 15th. The fiscal year ends on September 30, 2021. It is uncertain what the new cap will be for FY 2021.

READ MORE

READ Memorandum for the Secretary of State on the Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021

SIMI Interview with  Fr. Marvin Ajic, c.s., Director of Casa del Migrante Nazareth in Nuevo Laredo, Tamaulipas, on the Situation on the US-Mexico Border

Scalabrini International Migration Institute (April 19, 2021)

In an interview sponsored by the Scalabrini International Migration Institute (SIMI), Fr. Marvin Ajic, c.s., reflects on the situation on the US-Mexico Border, differences between Trump- and Biden-era policies, and the important work of Casa del Migrante Nazareth in Nuevo Laredo, Tamaulipas, which he directs. The interview is in Spanish.

WATCH NOW

In Tijuana, Desperate Migrants Not Waiting For Godot But For Governments

Crux (April 17, 2021)

The United States government continues to deport from 200 to 500 migrants daily across its southern border under Title 42. Title 42 of the US Code gives US immigration authorities broad power to expel migrants it deems a danger of spreading COVID-19. It has severely curtailed access to asylum. Meanwhile, migrants continue to arrive at the US-Mexico border with the mistaken belief that they will be able to cross the border and receive asylum. The result is a “grim situation,” according to some immigrant advocates. Fr. Pat Murphy, Director of the Casa del Migrante Tijuana, says that US immigration authorities “keep sending more and more people under Title 42, and that means the pressure is on here in Mexico. We’re completely overwhelmed.” Tijuana’s 30 migrant shelters are all full, and approximately 2,000 migrants are camping outside a Mexican immigration facility waiting for the asylum process to resume. Fr. Murphy said that ending Title 42 and a resumption of the asylum process in Mexico would improve the situation. “All people are looking for is a chance,” he said.

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Indonesian Asylum Seekers Survived Trump’s Attempt to Deport Them, But Now They’re Facing Off Against Biden

The Gothamist (April 15, 2021)

The Biden administration is continuing efforts started by the Trump administration to deport about two dozen Indonesian Christians who have been living in Central New Jersey for decades. The Obama administration protected them from deportation and gave them work authorization, but the Trump administration sought to deport them. In February 2018, a federal judge issued a temporary restraining order, which is still in effect but the order could be lifted any day. Advocates are surprised that the Biden administration is trying to deport the Indonesian asylum seekers because they do not fit the administration’s revised enforcement priorities. Senators Cory Booker and Robert Menendez of New Jersey along with members of the New Jersey congressional delegation submitted a letter to the Secretary of the US Department of Homeland Security (DHS) Alejandro Mayorkas asking that the group not be detained or deported. The letter states, “For nearly 30 years, these Christian refugees have raised families, bought homes, attended church services, and volunteered countless hours to aid neighbors. . . . These New Jerseyans exemplify the best qualities of our state. Their ability to continue living and working safely in New Jersey is critical to the well-being of their U.S. citizen children and to the benefit of their church communities and neighbors they serve.”

READ MORE

Ottawa Opens New Pathway to Permanent Status for Temporary Essential Workers and Graduates

New policy will allow up to 90,000 workers and international graduates to obtain permanent residency.

CBC News (April 14, 2021)

Canadian Immigration Minister Marco Mendicino announced the creation of a new pathway to permanent residence for up to 90,000 foreign nationals. The program is geared toward workers and international graduates with temporary visas and in designated “essential jobs.” Minister Mendicino said, “Since COVID-19 first arrived on our shores, we have charted a course guided by one north star — that immigration is key to Canada’s short term economic recovery and long term prosperity. . . . Fundamentally, we know that by attracting and retaining the best and the brightest … we will add more jobs, growth and diversity to our economy.” To qualify as an essential worker, a foreign national must have at least one year of work experience in one of 40 health-care jobs or 95 other “essential jobs.” Some listed essential occupations include electricians, metal workers, farmworkers, cashiers, home childcare providers, and French immersion teachers. For international graduates to qualify, they must have completed an eligible Canadian post-secondary program within the last four years. Minister Mendicino hopes that the program will encourage immigrants to put down roots in the country. The application period will be from May 6, 2021 through November 5, 2021. The Canadian government will accept up to 20,000 applications from temporary workers in healthcare, 30,000 from temporary workers in essential jobs, and 40,000 from international students.

READ MORE

Venezuelan Military Offensive Sends Thousands Fleeing, Recharging One of the World’s Worst Refugee Crises

The Washington Post (April 1, 2021)

In mid-March, the Venezuelan military launched a campaign against Colombian guerrillas operating in the jungle of the western Venezuelan state of Apure. The guerrilla group, the 10th Front, became a target for interfering in the Venezuelan government’s profitable narco-trafficking business. The Venezuelan government reports that nine camps have been destroyed, 32 people arrested, and nine people killed during the offensive. Thousands of Venezuelans have fled the offensive, crossed into Colombia, and are in makeshift shelters in the border town of Arauquita. As of the beginning of April, nearly 5,000 refugees, 40 percent of them children, arrived in Arauquita. UNHCR employees are providing the refugees with tents, mattresses, hygiene kits, and face masks. Jose Miguel Vivanco, Director for Human Rights Watch’s Americas division, claims that there is “credible evidence” that the Venezuelan military carried out extrajudicial killings of three men and a woman during the offensive. The Venezuelan government, however, claims that every person killed during the offensive is a terrorist.

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The American Dream & Promise Act: It Feels Like Deja Vu

Ignatian Solidary Network (March 26, 2021)

On March 18, 2021, the US House of Representatives passed HR 6, the American Dream and Promise Act by 228 to 197 votes. The bill proposes a pathway to citizenship for Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA) recipients as well as for certain immigrant youth. In the Senate, there are two separate bills that would open a pathway to citizenship for TPS holders, DACA recipients, and certain immigrant youth. The DREAM Act would legalize DACA recipients and immigrant youth. The SECURE Act would legalize TPS beneficiaries. Each bill needs 60 votes in the Senate to pass, and thus will require bipartisan support. For 20 years, the Dream Act has been introduced in Congress, but has never become law. Although many people were excited by HR 6’s passage, many DACA recipients were not. Instead, their past experience has given them a sense of déjà vu. They are tired of the same story of a bill that progresses and does not become law. DACA recipients have been in limbo with no path to legalize. They continue to fight for a pathway to citizenship for all undocumented immigrants.

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NEW FROM CMS

The Next Presidential Determination on Refugee Resettlement: The Time to Act is Now

On Friday, April 16, President Biden issued a long-awaited “Memorandum for the Secretary of State on the Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021.” The presidential determination opened up refugee admissions to regions blocked by the Trump administration but did not raise the historically low cap of 15,000 for the current fiscal year. The White House later stated it would decide on a new admissions ceiling by May 15. In this CMS essay, Susan Martin — Donald G. Herzberg Professor of International Migration Emerita for Georgetown University — outlines how the Biden administration can prepare to admit more refugees and how the United States will benefit from welcoming them.

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Daniela Alulema on the Contributions of DACA Recipients

As the Supreme Court heard oral arguments regarding the Trump administration’s efforts to terminate the DACA program, CMS released a paper offering detailed estimates of DACA recipients, their economic contributions, and their deep ties to US communities. The paper, which also features testimonies of several DACA recipients, was published in CMS’s Journal on Migration and Human Security (JMHS). In this episode, Daniela Alulema — who is author of the JMHS paper, CMS’s Director of Programs, and herself a DACA recipient — describes the paper’s findings, shares the stories of the DACA recipients, and outlines potential policy directions for the DACA program.

Listen on Spotify, Apple Podcasts, Soundcloud, and cmsny.org.

POLICY UPDATE

On April 16, 2021, President Biden signed an emergency presidential determination that keeps in place the Trump administration’s historically low refugee admissions cap of 15,000 for FY 2021 but returns to allocating refugee admissions based on region. The next day the Biden administration released a statement saying it expects to increase the 2021 refugee ceiling next month but did not specify the number. In February 2021, President Biden proposed welcoming 62,500 refugees to the United States in 2021. Under former President Trump’s directive, stringent restrictions were placed on accepting refugees from certain African and majority-Muslim countries and priority was given to Christians who faced religious persecution and Iraqis who worked for the US military. The new allocations include 7,000 slots for Africa, 1,000 for East Asia, 1,500 for Europe and Central Asia, 3,000 for Latin America/Caribbean, 1,500 for Near East/South Asia, and 1,000 slots that are unallocated.

On April 14, 2021, Washington Governor Jay Inslee signed a bill that will ban for-profit detention centers in the state. Under the bill, one of the largest for-profit immigrant detention centers, the Northwest Detention Center in Tacoma, will be shut down by 2025 when its contract with US Immigration and Customs Enforcement (ICE) expires. Washington is one of the first states to pass legislation that bans private prison companies, including immigration facilities, from operating.

On April 13, 2021, Texas Attorney General Ken Paxton announced that Texas and Missouri filed a lawsuit demanding that the Biden administration reinstate the Migrant Protection Protocols (MPP) program to reduce the influx of migrants at the southwest border. MPP was established by the Trump administration in January 2019. It allowed border officers to send non-Mexicans who sought asylum at the US southern border to Mexico to await their immigration hearings. In January 2021, the Department of Homeland Security (DHS) suspended the MPP program and the Biden administration began admitting program enrollees into the United States in February. The lawsuit alleges that the Biden administration’s decision to suspend the program led to a surge of Central American migrants coming to the southwest border to make asylum claims.

On April 12, 2021, President Biden nominated Chris Magnus to lead Customs and Border Protection (CBP) and Ur Jaddou to head United States Citizenship and Immigration Services (USCIS). Magnus is currently the police chief in Tuscon, Arizona, and Jaddou was head counsel of USCIS under the Obama administration. Biden also nominated John Tien, the former senior director for Afghanistan and Pakistan of the National Security Council, as deputy director of DHS.

On April 12, 2021, the Biden administration secured agreements with Mexico, Honduras, and Guatemala to tighten their borders and stem the flow of migration to the United States. Under the agreements, the countries will put more troops at their own borders to monitor migration and prevent traffickers and cartels from taking advantage of migrants and unaccompanied minors. CBP apprehended a record number of 18,890 unaccompanied minors last month and more than 172,000 people attempting to cross the US-Mexico border. In March 2021 President Biden tasked Vice President Kamala Harris with coordinating efforts with Central American countries to address the root causes of migration.

ACTUALIZACIÓN DE POLÍTICA

El 16 de abril de 2021, el presidente Biden firmó una determinación presidencial de emergencia que mantiene el límite de admisiones de refugiados históricamente bajo de la administración Trump de 15.000 para el año fiscal 2021, pero vuelve a asignar las admisiones de refugiados según la región. Al día siguiente, la administración de Biden emitió un comunicado diciendo que espera aumentar el límite de refugiados de 2021 el próximo mes, pero no especificó el número. En febrero de 2021, el presidente Biden propuso dar la bienvenida a 62.500 refugiados a los Estados Unidos en 2021. Según la directiva del ex presidente Trump, se impusieron estrictas restricciones a la aceptación de refugiados de ciertos países africanos y de mayoría musulmana y se dio prioridad a los cristianos que enfrentaban persecución religiosa e iraquíes. que trabajaba para el ejército de los EE. UU. Las nuevas asignaciones incluyen 7.000 espacios para África, 1.000 para Asia Oriental, 1.500 para Europa y Asia Central, 3.000 para América Latina / el Caribe, 1.500 para Cercano Oriente / Asia Meridional y 1.000 espacios sin asignar.

El 14 de abril de 2021, el gobernador de Washington, Jay Inslee, firmó un proyecto de ley que prohibirá los centros de detención con fines de lucro en el estado. Según el proyecto de ley, uno de los centros de detención de inmigrantes con fines de lucro más grandes, el Centro de Detención del Noroeste en Tacoma, se cerrará para el 2025 cuando expire su contrato con el Servicio de Control de Inmigración y Aduanas (ICE). Washington es uno de los primeros estados en aprobar una legislación que prohíbe el funcionamiento de las empresas penitenciarias privadas, incluidas las instalaciones de inmigración.

El 13 de abril de 2021, el fiscal general de Texas, Ken Paxton, anunció que Texas y Missouri presentaron una demanda exigiendo que la administración Biden restableciera el programa de Protocolos de Protección a Migrantes (MPP) para reducir la afluencia de migrantes en la frontera suroeste. El MPP fue establecido por la administración Trump en enero de 2019. Permitió a los oficiales fronterizos enviar a personas no mexicanas que buscaban asilo en la frontera sur de Estados Unidos a México para esperar sus audiencias de inmigración. En enero de 2021, el Departamento de Seguridad Nacional (DHS) suspendió el programa MPP y la administración Biden comenzó a admitir inscritos en el programa en los Estados Unidos en febrero. La demanda alega que la decisión de la administración Biden de suspender el programa provocó un aumento de migrantes centroamericanos que llegaron a la frontera suroeste para presentar solicitudes de asilo.

El 12 de abril de 2021, el presidente Biden nominó a Chris Magnus para dirigir la Oficina de Aduanas y Protección Fronteriza (CBP) y a Ur Jaddou para dirigir el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS). Magnus es actualmente el jefe de policía en Tuscon, Arizona, y Jaddou fue el abogado principal de USCIS bajo la administración de Obama. Biden también nominó a John Tien, ex director senior para Afganistán y Pakistán del Consejo de Seguridad Nacional, como subdirector del DHS.

El 12 de abril de 2021, la administración Biden aseguró acuerdos con México, Honduras y Guatemala para reforzar sus fronteras y detener el flujo migratorio hacia Estados Unidos. Según los acuerdos, los países pondrán más tropas en sus propias fronteras para monitorear la migración y evitar que los traficantes y los carteles se aprovechen de los migrantes y los menores no acompañados. CBP detuvo a un número récord de 18,890 menores no acompañados el mes pasado y más de 172,000 personas que intentaban cruzar la frontera entre Estados Unidos y México. En marzo de 2021, el presidente Biden encargó a la vicepresidenta Kamala Harris que coordinara los esfuerzos con los países centroamericanos para abordar las causas fundamentales de la migración.

The CMS Migration Update is a weekly digest produced by the Center for Migration Studies of New York (CMS), an educational institute/think-tank devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. CMS is a member of the Scalabrini International Migration Network – an international network of shelters, welcoming centers, and other ministries for migrants – and of the Scalabrini Migration Study Centers, a global network of think tanks on international migration and refugee protection, guided by the values of the Missionaries of St. Charles Borromeo. If you wish to submit an article, blog, faith reflection, or announcement for the CMS Migration Update, please email cms@cmsny.org.
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Biden and Harris campaigned, quite logically and convincingly, on a pledge to do away with the illegality, cruelty and stupidity of the Trump/Miller White Nationalist, racist immigration program.

But, following the inauguration, Biden supporters working at the “retail level” of our failed immigration system have seen few meaningful changes, little if any honest dialogue, and most disturbingly, far, far too few progressive experts who can solve problems in key positions! 

Encouraging Northern Triangle countries notorious for corruption and human rights abuses to stop their nationals from fleeing to safety is NOT a solution. It’s the moral equivalent of having encouraged the Soviet Union and East Germany to machine gun those attempting to flee to the West during the (not so) Cold War!

The right to leave one’s country to seek refuge is a basic human right. See, e.g., https://www.peacepalacelibrary.nl/ebooks/files/GCIM_TP8.pdf

Basically, the Biden Administration is encouraging and funding some of the most corrupt and repressive nations in the Hemisphere to violate human rights, just as the Trump Administration did. See, “Policy Update,” above. That’s NOT the way to establish positive international leadership on human rights and migration issues!

Two other nuggets particularly worthy of note:

  • “According to [Eigenio] Sosa, small, positive changes in Honduras would encourage some to stay in their home country.” This contradicts the “conventional wisdom” that addressing the roots of the problem in sending countries is either futile or such a long-term project that it can’t be part of addressing today’s flow of forced migrants.
  • “In this CMS essay, Susan Martin — Donald G. Herzberg Professor of International Migration Emerita for Georgetown University — outlines how the Biden administration can prepare to admit more refugees and how the United States will benefit from welcoming them.” Professor Susan Forbes Martin is a long-time friend and a brilliant “practical scholar.” Her point that we should welcome refugees, rather than fearing them, is well taken and the key to better, far more robust, legal immigration laws and policies.

Due Process Forever!

PWS

04-21-21

🤮☠️⚰️BIDEN ADMINISTRATION BETRAYS REFUGEES OVERSEAS & @ BORDERS — Catherine Rampell @ WashPost

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2021/04/12/most-anti-refugee-president-modern-history-might-not-be-donald-trump/

Catherine writes: 

. . . .

Asked repeatedly (by me and others) what accounts for Biden’s delay, White House officials have struggled to answer. Sometimes they try to blame Trump, complaining that his administration left a system in “disrepair” that requires “rebuilding.” No doubt, Trump wrought a lot of damage upon the immigration system, and more resources would be necessary to reach the much higher refugee admissions that Biden claims he wants for the next fiscal year (125,000); currently, there aren’t enough people sufficiently far along in the refugee-screening pipeline to meet that goal.

But none of this explains why the few thousand already fully vetted and deemed “travel-ready” by the State Department as of early March have not been allowed in. The only thing preventing their entry is Biden — who refuses to do the right thing and sign a simple document.

The only explanation I can fathom for what’s going on is that the White House fears ordinary Americans will confuse the refugee resettlement system with the surge of migrants at the southern border. “Refugees” and “asylum seekers” might sound synonymous, but the groups are subject to different sets of laws, screening procedures and executive authorities. One key difference is that refugees apply from abroad and are screened for eligibility before they arrive; asylum seekers apply from within our borders or at a port of entry.

In other words, refugees are doing precisely what both Biden and Republicans urge those fleeing persecution and violence to do: staying abroad, and not crossing into the United States unlawfully; proving to U.S. and international officials that their lives are indeed in danger, and that they meet the legal requirements for resettlement; enduring extensive screening to prove they don’t threaten national security or public health; and then patiently waiting their turn for admission, a process that usually takes years.

And how is Biden rewarding them? The same way Trump did: by slamming the door.

*********************

Read Catherine’s complete article at the link.

[The Biden Administration] fears ordinary Americans will confuse the refugee resettlement system with the surge of migrants at the southern border.

Wow. In 50 years of “hanging around” the migration/human rights/political scene in D.C., I’ve heard plenty of insanely lame, cowardly excuses for not doing the right thing. But, this is “Top Five” material!

I have ideas on how to solve this problem, quickly:

    • Invest the “big bucks” to hire Catherine as the Biden Administration’s “Head Immigration Flackie.” She can explain the situation in terms that the American people will understand. That’s what Catherine does! Brings clarity, humanity, and common sense to complicated situations that flummox politicos and press offices.
    • Alternatively, get a “Loaner Law Student” from the Georgetown Law CALS Asylum Clinic. In two decades of working with CALS students in court, the classroom, and elsewhere, I’ve never run into one who doesn’t have a deeper understanding of, and better ability to explain, refugee and asylum policy than any of the “inept talking heads” the Biden Administration has thrown into the fray so far. 

      Georgetown Law
      Georgetown Law
    • Another alternative: Hire Don Kerwin, currently the Executive Director of the Center for Migration Studies (“CMS”) to fix and explain the Administration’s (so far) mind-boggling failure to re-establish our refugee and asylum programs — actually both legal and moral obligations (although you wouldn’t know that by listening to the mindless negative natter from politicos of both parties). Don probably knows more than any living person about the amazing, quantifiable, benefits that refugees and asylees bring to our nation and is an expert at puncturing all of the White Nationalist myths and fear-mongering that have driven these essential programs into complete failure over the past few years.

      Donald M. Kerwin
      Donald M. Kerwin
      Executive Director
      Center for Migration Studies

It’s also worthy of note that because of the Trump Administration’s “malicious incompetence” combined with the Biden Administration’s “willful incompetence,” against the background of an Attorney General unwilling to speak out and stand up for the legal rights of refugees, asylum seekers, and people of color in general, (just what is the purpose of an Attorney General who won’t stand up for the people — some of us thought, erroneously I guess, that we had voted that “model” out of office last November) we have no refugee program in Latin America and we have illegally closed ports of entry to legal asylum seekers. 

So there is no regular system for asylum seekers to apply in an orderly fashion in accordance with our international, statutory, and Constitutional (not to mention moral) obligations. In violation of the mandatory provisions of Article 33 of the U.N. Convention, incorporated by the Refugee Act of 1980, every day we return legitimate refugees to danger, torture, or death without any inquiry at all. The “law violators” here aren’t the desperate folks vainly, yet gamely, trying to apply for asylum under our lawless system. It’s us!

Maybe, that’s why the Biden Administration doesn’t want anyone to understand what they really are doing and how wrong-headed it is!🤮👎🏴‍☠️

🇺🇸⚖️🗽Due Process Forever!

PWS

04-14-21