Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
As part of a joint six-month investigation, NBC-owned television stations across the country interviewed retired and current immigration judges, some of whom said the backlog is threatening to overwhelm the court
By Chris Glorioso, Dave Manney, Erica Jorgensen and Evan Stulberger
Documents from the Trump administration show the president’s plan to ship more immigration judges for temporary assignments in border states is encountering a fundamental problem: there isn’t enough work for all the new judges to do.
According to an assessment of “Surge Hearing Locations,” dated April 4, 2017, the Department of Justice found six of the 17 immigration courts receiving transferred judges could not give those judges enough work to support a full docket.
INVESTIGATIVE’Phantom’ Judges Cause Confusion in NYC Immigration Court
In the assessment and supporting documents, DOJ staffers wrote about an immigration court in Karnes, Texas, where there was “concern regarding the lack of filings to sustain details from other courts”
Immigration: Crisis in the Courts
An overview on how immigration judges are struggling with a punishing backlog that in many cities is pushing cases far into the future, slowing deportations and leaving families in limbo.
The same assessment says another court in Texas’s Prairieland Detention Center “is not receiving enough cases to truly fill a docket or even come close to it.”
At the court inside Texas’s Dilly Family Residential Center, DOJ staffers wrote “the one judge detailed there is not occupied.”
At New Mexico’s Cibola County Detention Center, DOJ staffers found the caseload “has not been sufficient to keep the two immigration judges assigned to this docket occupied.”
Staffers also noted two empty courtrooms at New Mexico’s Otero immigration facility — and concluded there were “insufficient caseloads for further deployments.”
Scheduling records show the Justice Department repeatedly assigned five transferred judges to the immigration court in Louisiana’s LaSalle Detention Facility, even though an assessment of the court found “at this time there is not enough work for five judges. There is enough work for a reasonable docket and three judges.”
The report went on to conclude that inefficient transferring of detainees often means “there is very little work for a detailed judge to complete.”
In most cases, the transferred judges spend two weeks to a month hearing cases in out-of-state court.
The Department of Justice declined to comment for this story, but in response to a previous inquiry by Politico, an agency spokesman said “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process.”
While transferred judges may have had light workloads when they arrived in some of the border state courts, there is evidence the dockets they left behind suffered in their home courts.
A joint analysis by the News 4 I-Team and Telemundo 47 Investiga found case adjournments in New York City’s immigration court went up 276 percent — from an average of 139 adjournments in the three months before the judge transfers began, to 522 in the three months after judge transfers began.
Despite that, the Trump administration has increased its target from 50 judge reassignments, to at least 137 nationwide. Nineteen New York City immigration judges — more than half of the city’s 32-judge staff – participated in the temporary transfer program.
Olga Byrne, an advocate for refugees at Human Rights First, a nonprofit that represents asylum-seekers in court, said immigration attorneys at her organization have noticed the spike in adjournments and questioned whether judicial assignments border state assignments are worth the trouble.
“We’ve been in touch with a couple of judges who have expressed a lot of frustration about being sent to a detention center where they could take a long lunch break,” said Byrne. “They had only a few cases to consider for a whole week and yet they had to defer hundreds of cases from their docket in their home court.”
But it is clear the Trump Administration knew its decision to deploy more judges to border states would likely have negative impacts on dockets those judges leave behind in their home states.
In response to questions from U.S. Senate staffers, a DOJ memo concedes that “it is likely that the case backlog will increase for the locations from which an Immigration Judge is assigned.”
In New York City alone, there are more than 82,000 immigrants waiting for a court hearing. The average wait time is north of two and a half years. Nationwide, the immigration case backlog stands at more than 617,000.
Rep. Adriano Espaillat (D – Upper Manhattan), who came to America as an undocumented immigrant, said he fears the Trump administration is over-staffing border state courts to rapidly deport current border-crossers, while ignoring the population of non-detained immigrants who’ve been living and working in America’s big cities, hoping for a shot at citizenship for years.
“By shifting judges to the border, they are in fact maybe predicting that there will be lots of cases before them in those jurisdictions,” Espaillat said. “I am concerned this is part of a greater effort to put together a deportation machine – and proceed to arrest and deport thousands of people who are undocumented.”
This isn’t the first time a presidential initiative has been criticized for mucking up immigration court schedules and exacerbating the nationwide case backlog.
During the Obama Administration, the Justice Department launched an effort to prioritize court hearings for unaccompanied minors who enter the country illegally.
Byrne says that too was a political decision which negatively impacted the court’s ability to handle thousands of older cases languishing in the backlog.
“It’s not a new thing that they are basically fulfilling political objectives with the way that the immigration court dockets are managed,” Byrne said. “I think we should be equally critical of both [the Trump and Obama administrations] for using the immigration court to fulfill political objectives rather than focusing on making that court system work well and efficiently.”
Source: I-Team: Immigration Judges Sent to Courts With ‘Very Little Work’ – NBC New York http://www.nbcnewyork.com/investigations/Immigration-Court-New-York-Judge-Investigation-448498463.html#ixzz4uXiMR2xJ
Follow us: @nbcnewyork on Twitter | NBCNewYork on Facebook“
To put this in context, during this massive abuse of the US Immigration Courts at the direction of Sessions and his incompetent politicos at the DOJ, the Chief Immigration Judge issued the notorious “Continuance Policy.” That document not not very subtilely implied that unjustified continuance requests by private attorneys (all of them overburdened by the effects of ADR, and many working on a pro bono or “low bono” basis) and laxity in granting continuances by overwhelmed and demoralized U.S. Immigration Judges were major contributing factors in increasing backlogs. Nothing could be further from the truth!
In fact, conscientious Immigration Judges and dedicated private attorneys are the only ones trying to make this broken system work and to maintain at least a semblance of due process. Their main obstacles: improper politically-motivated interference from the DOJ and poor administration and failure to stand up to the politicos by out of touch bureaucrats at EOIR Headquarters in Falls Church who are afraid to “blow the whistle”because they value their jobs over due process.
What kind of incompetents would draw the bulk of unneeded judicial details from what are known to be the most seriously backlogged Immigration Courts in the US, such as New York and Arlington? What type of incompetents would “study” the impact and need for the details after the fact, rather than carefully planning in advance? Assuming they were necessary (which they weren’t) why weren’t judicial details drawn from among the Assistant Chief Immigration Judges in Falls Church Headquarters who are never assigned actual cases? They, actually have time on their hands. And why does a system in crisis with inept management have highly-paid bureaucratic administrators like the ACIJs who never do any real judging? What makes a person a “judge”if he or she never “judges” anything?
Yes, as I’ve stated before, the Obama Administration enforcement policies and political interference from the Obama DOJ helped drive the backlogs to new heights. But, after taking over an obviously broken system, rather than doing the right thing and fixing the Immigration Courts with bipartisan legislation to create an independent Immigration Court System, with adequate resources, professional court administration, and freedom from political interference in its due process functions, the Trump Administration intentionally made things much, much worse! More judges have resulted in more backlogs because of politicized, incompetent judicial administration and poorly designed enforcement policies at DHS. If that doesn’t tell you something is seriously wrong, what will?
Families in the La Perla neighborhood of San Juan get water from a cistern truck. (Dennis M. Rivera Pichardo for The Washington Post)
Unlike the president, Homeland Security or the Federal Emergency Management Agency, José Andrés has no responsibility to respond to natural disasters, and yet the Washington celebrity chef has become a reliable presence in disaster zones, deploying his Chef Network to help feed thousands of displaced people.
Andrés was among the first responders in Haiti and Houston, and now he and his crew from World Central Kitchen are on the ground in Puerto Rico, improvising ways to feed countless residents who are stranded without electricity, drinking water and food in the wake of Hurricane Maria. With little ability to speak with the outside world, Andrés has used his Twitter feed to keep followers updated on his progress in the U.S. territory.
“Today’s a hard day,” he said in a video posted Thursday to Twitter. “We’ve been getting deliveries, but we’ve been missing a few things. When we have bread, we don’t have cheese . . . But more or less, things keep falling into place.”
Since arriving, Andrés has teamed up with chef José Enrique, a native son whose eponymous restaurant in the Santurce district of San Juan has served as one of two bases for meal preparations. The other is Mesa 364, a private-events restaurant launched by chef Enrique L. Piñeiro. Volunteers from the island and the U.S. mainland, working under the hashtag #chefsforPuertoRico, have prepared stews, sandwiches, paella and pastelon (a Puerto Rican lasagna with fried sweet plantains for “noodles”) for those in hospitals, senior homes and San Juan neighborhoods. They’ve used food trucks to help distribute meals.
In a series of tweets published Sunday, in fact, Andrés offered a number of suggestions to the president.
This isn’t the first time Andrés has set himself against the president: In April, the two settled lawsuits against each other after Andrés backed out of his lease to open a restaurant in Trump International Hotel.
He also tweeted:
According to Andrés’s PR team back in Washington, the crews in Puerto Rico are now feeding 5,000 people a day, and since Monday, they have served more than 15,000 meals. (In late August, Andrés was in Houston with World Central Kitchen, where they served 20,000 meals for victims of Hurricane Harvey.)
You could make the argument that his relief efforts in Puerto Rico are more personal to Andrés. He has a restaurant on the island: Mi Casa is a modern Caribbean restaurant inside a Ritz-Carlton property in Dorado, just west of San Juan. The restaurant took a hit from Maria and remains closed.
“While they are undergoing efforts to restore operations at the property, guests are not able to make reservations,” emailed Margaret Chaffee, spokeswoman for ThinkFoodGroup, parent group for Andrés’s family of restaurants.
Despite poor cell coverage on the island and a packed schedule, Andrés called The Post to provide a brief update on his team’s efforts. Well, sort of. The first words out of the chef’s mouth were, “I’m sorry, but I cannot speak right now.”
Andrés then spent the next five minutes answering questions, as those around him urged the chef to move along to the next task at hand. Andrés said they’re feeding close to 8,000 people daily now, between the two San Juan restaurants and the food trucks.
When asked how he’s managing to get supplies on the island, Andrés just said, “When you have a credit card, everything is possible.”
“On September 4, immigration judge Denise Slavin followed orders from the Department of Justice to drop everything and travel to the U.S.-Mexico border. She would be leaving behind an overwhelming docket in Baltimore, but she was needed at “ground zero,” as Attorney General Jeff Sessions called it—the “sliver of land” where Americans take a stand against machete-wielding, poison-smuggling criminal gangs and drug cartels.
As part of a new Trump administration program to send justices on short-term missions to the border to speed up deportations and, Sessions pledged, reduce “significant backlogs in our immigration courts,” Slavin was to spend two weeks at New Mexico’s Otero County Processing Center.
But when Slavin arrived at Otero, she found her caseload was nearly half empty. The problem was so widespread that, according to internal Justice Department memos, nearly half the 13 courts charged with implementing Sessions’ directive could not keep their visiting judges busy in the first two months of the new program.
“Judges were reading the newspaper,” says Slavin, the executive vice president of the National Immigration Judges Association and an immigration judge since 1995. One, she told POLITICO Magazine, “spent a day helping them stock the supply room because she had nothing else to do.”
Slavin ended up leaving Otero early because she had no cases her last day. “One clerk said it was so great, it was like being on vacation,” she recalls.
In January, President Donald Trump signed an executive order directing the DOJ to deploy U.S. immigration judges to U.S. detention facilities—most of which are located on or near the U.S.-Mexico border. The temporary reassignments were intended to lead to more and faster deportations, as well astake some pressure off thecurrently overloaded immigration court system. But, according to interviews and internal DOJ memos, since the new policy went into effect in March, it seems to have had the opposite result: Judges have frequently had to cancel cases on their overloaded home dockets only to find barely any work at their assigned courts—exacerbating the U.S. immigration court backlog that now exceeds 600,000 cases.
According to internal memos sent by the DOJ’s Executive Office of Immigration Review (EOIR) and obtained by the National Immigrant Justice Center (NIJC) via a Freedom of Information Act request, judges delayed more than 20,000 home court hearings for their details to the border from March to May.
“I canceled about 100 cases in my home court to hear 20,” says Slavin, who was forced to postpone those Baltimore hearings by a year since her court schedule was already booked through most of 2018. In Otero, she had no more than 50 hours of work over the course of two weeks (she typically clocks 50 hours per week in Baltimore). But she couldn’t catch up on her work at home because she had no access to her files.
Her three colleagues at the facility who had also been ordered there by the DOJwere no busier. One who had been sent to Otero previously told her the empty caseloads were normal.
“Sending judges to the border has made the backlog in the interior of the country grow,” says Slavin, “It’s done exactly the opposite of what they hoped to accomplish.”
On April 11 in Nogales, Arizona, Sessions formally rolled out the DOJ’s judge relocation program. “I am also pleased to announce a series of reforms regarding immigration judges to reduce the significant backlogs in our immigration courts,” he told the crowd of Customs and Border Protection personnel gathered to hear him. “Pursuant to the president’s executive order, we will now be detaining all adults who are apprehended at the border. To support this mission, we have already surged 25 immigration judges to detention centers along the border.”
The idea was to send U.S. immigration court judges currently handling “non-detained” immigration cases—cases such as final asylum decisions and immigrants’ applications for legal status—to centers where they would only adjudicate cases of those detained crossing the U.S.-Mexico border, along with others who had been picked up by ICE for possible deportation. More judges would follow, the attorney general said.
But as Sessions spoke, nearly half of those 25 “surge” judges—whose deployments typically last two weeks or a month—were largely unoccupied. One week before the attorney general’s Nogales announcement, EOIR—the Justice Department office that handles immigration cases—published an internal memo identifying six of 13 detention centersas offering inadequate work for their visiting justices.
“There are not enough cases to fill one immigration judge’s docket, let alone five,” the DOJ wrote of Texas’ T. Don Hutto facility, which had been assigned five Miami judges to hold hearings via video teleconference with the women detained there.
One judge sent to the South Texas Residential Center, a family detention facility, had no cases at all; a judge at another family facility, Karnes Residential Center, had a “light” docket; and Texas’ Prairieland Detention Center, which had received a judge, also was “not receiving enough cases to fill a docket or even come close to it,” the memo stated.
The two judges assigned to New Mexico’s Cibola Detention Facility also had barely any work to do, and Louisiana’s La Salle Detention Center—not on the border but treated as such in its receipt of five “surge” judges—had similarly been overstaffed. “There is not enough work for five judges,” said one DOJ memo. “There is enough work for a reasonable docket and three judges.”
The Justice Department documents also revealed a number of logistical issues with the border courts, including a lack of phone lines or internet connectivity, and noise infiltrating the courtroom from the detention facility. “The courtrooms at Imperial Regional Detention Facility are not suitable for in-person hearings because security is wholly inadequate,” said one memo of the California facility. “The court cannot do telephonic interpreters and the request for in-person interpreters remains pending. … Last week an immigration judge was left in the courtroom without a bailiff.”
Meanwhile, the judges sent to the border were forced to abandon thousands of home court cases—which the DOJ was aware could increase pressure on the U.S. immigration court system, where a specialized cadre of judges handles questions over whether people can remain in the country or face deportation. “It is likely that the backlog will increase for the locations from which a judge is assigned,” predicted one March 29 document, which also projected the deployments would cost $21 million per fiscal year.
Within the first three months of the program, judges postponed about 22,000 cases around the country, including 2,774 in New York City alone, according to the DOJ memos. (The delays added to an already clogged system: New York City’s immigration court backlog stood at 81,842 as of July, according to the immigration data tracker TRAC Immigration.)
When asked about these FOIA documents, and why the DOJ had deployed judges where they were not needed, a Justice Department spokesmanresponded that the program had improved in recent months. “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process,” he said.
Immigration judges and advocates acknowledge that the program has slightly improved since May—but many say that’s largely because the DOJ is sending fewer judges on temporary missions. “Some of the least productive assignments have either been discontinued or converted to video teleconferencing hearings, and it seems that fewer judges are being sent overall,” says National Association of Immigration Judges President Dana Marks, who serves as an immigration judge in San Francisco. But, she says, “the basic problem still persists.”
More than 100 total judges have been reassigned since March, but Politico was not able to obtain data on whether deployments are declining or increasing, or how many judges are still facing empty caseloads.
The spokesperson declined to comment on Slavin’s experience at Otero. But the DOJ discontinued deployments to Otero this month, as soon as Slavin completed her assignment there.
The U.S. immigration court backlog has increased under Trump, moving from 540,000 in January to 600,000 in July. But the DOJ spokesperson denied thatthe deployments were responsible for the bump, instead blaming the overloaded system on the Obama administration’s policies. He noted that the first six months of the Trump administration had seen a14.5 percent increase in final immigration court rulings from the previous year,and that more than 90 percent of cases by “surge” judges had led to deportation orders.
But just because judges have ruled on more cases doesn’t mean the Trump administration hasn’t worsened the backlog, NIJC communications director Tara Tidwell Cullen says. In fact, it could likely mean the opposite. Trump’s first six months in power saw 40 percent more immigration arrests in the country’s interior than the year before, adding more cases to already overloaded dockets.
“The ‘home’ courts where judges are sent from continue to be understaffed and their caseloads are adversely impacted as judges are sent to temporary assignments,” adds Marks, the San Francisco judge. Adding to the problem, she points out, istheadministration’s decision to detain immigrants without allowing the Department of Homeland Security to grant them bonds. Now, detainees have to go to immigration court to get a bond, creating extra work for those justices.
Not everyone thinks sending judges to the border is a bad idea.
“The best use of resources is to throw them all at detention,” says Leon Fresco, who served as deputy assistant attorney general under President Barack Obama. Judges typically release individuals detained for more than 90 days with no trial on habeas corpus, he explains, in which case the government has “wasted money in detaining them” to start. Better, then, to hear all the detained cases quickly.
Any administration will have to make tough calls, says Fresco. “You have just about 300 judges to hear more than 500,000 cases, so you have to prioritize.” Under Obama, the DOJ—while it hadn’t sent judges to the border—had also prioritized recent border crossers in order to send a message that the U.S. would immediately hear their cases, rather than allow them to “wait eight years to be adjudicated” while staying in the country, Fresco says. Trump’s priorities similarly send a message to potential border crossers that “we do have quick justice.”
The problem, Fresco adds, is that the Trump administration has been clumsy in its border deployments—sending judges to places where they aren’t needed. “There are ways to do this, but they need to be more flexible and nimble, and they’re not being as nimble as they can be,” he says. “EOIR is an agency badly in need of some sort of consulting firm. … There’s still too little rhyme or reason about how case assignments work—you shouldn’t have weeks with judges with hours of idle time.”
Chicago immigration judge Robert D. Vinikoor says his deployment went smoothly. He had a full caseload in his two-week detail at Otay Mesa Detention Center in San Diego this April, and he maintains that the reassigned judges were necessary to get immigrants out of detention as expeditiously as possible. “DHS is detaining more and more people and keeping them in custody, so that’s the need for the judges,” says Vinikoor, who retired in June after serving 33 years as an immigration judge. “The question is: Are they over-detailing? In some cases they put the cart before the horse.”
But Marks, who has been an immigration judge for 30 years, disagrees. Even if the DOJ gets deployments right, she says, the surge policy shows the administration has the wrong priorities. She says the administration’s biggest mistake was making a “politically motivated decision” and not consulting immigration judges. “The judges weren’t asked and that’s always been our big frustration,” she says.” The judges are the ones who are the experts in handling their cases.”
Marks notes that her union had similar frustrations with the Obama administration’s prioritization of recent border crossers—predominantly Central American women and children seeking asylum—to send a message they would be deported quickly if they could not prove they qualified for asylum. That decision, she says, worsened the backlog, too.
The overloaded system jeopardizes due process for immigrants, says NIJC’s policy director Heidi Altman, who filed the FOIA for EOIR’s memos after hearing about “chaos” in the courts when the border details began.
“When the backlog is exacerbated it makes it exponentially harder for us and other legal services to take on clients,” says Altman, whose NIJC organizes pro-bono attorneys handling immigration cases, which do not guarantee legal representation. Without a lawyer handling a case, she says, it is less likely to proceed fairly.
But there’s another reason that Trump might want to reconsider the border surge, says John Sandweg, former acting director of ICE under the Obama administration: It takes the pressure off the undocumented immigrants who have lived in the country for years and may be fighting to prevent an order of deportation.“They’re basically giving amnesty ironically to the non-detained docket.”
“By shifting the judges away they’ll never have their hearing so they’ll never be ordered deported,” he says. “You’re letting them stay.”
Tom Odula reports for the AP from Nairobi, Kenya, where the unnecessary human suffering caused by the Trump Administration is a daily reminder of how our national soul was diminished by Trump’s election:
“Somali refugee Asho Manangara Ibrahim has a dream. She wants to educate herself and her children in the United States. For 10 years she went through a rigorous process of interviews and screening and finally she was cleared to travel to the United States.
But Ibrahim’s hopes have been dashed. The U.S. Supreme Court on Tuesday allowed the Trump administration to maintain its restrictive policy on refugees. The court agreed to an administration request to block a lower court ruling that would have eased the ban on refugees and allowed up to 24,000 refugees to enter the country before the end of October.
Ibrahim, a 30-year-old mother of four children, escaped war-torn Somalia in 2007 after three men forced their way into her house and assaulted her.
She trekked for three days with her 2-year-old daughter to reach the sprawling Dadaab refugee camp in neighboring Kenya where she stayed for three years. She was relocated to Kakuma refugee camp where she learned that she could apply to be resettled in a third country. By the time she was cleared to travel to the U.S. on July 19, she had three other children from a second marriage.
After years of patiently waiting to be resettled, the news that she may not be allowed into the U.S. because of the Trump administration restrictions has devastated her.
“I feel shocked. I forget things now,” she told The Associated Press last month through an interpreter.
She and her three daughters and small son pass their days in a makeshift home of mud walls, sticks and battered sheets. The children sit on woven plastic rugs covering a cracked-earth floor amid the barest of possessions: plastic water jugs, metal basins, a simple stove.
Ibrahim is one of about 500 people among the hundreds of thousands in Kenyan refugee camps who are ready for resettlement in the U.S. but are now stranded, said Jennifer Sime, senior vice president with the International Rescue Committee, an organization that helps resettlements.
The fear and rhetoric that refugees are a security threat or terrorists looking to infiltrate the U.S. are unfounded, Sime said.
“The probability of dying from an act of terrorism committed by a refugee is unbelievably low. Refugees have not perpetrated terrorist acts,” she said. The chance of being murdered in a terrorist attack committed by a refugee is one in 3.64 billion a year, she added, citing 2016 figures from the Cato Institute.
Globally about 45,000 refugees have been approved for resettlement in the U.S. and 2,000 are ready to board planes but this has been put on hold, Sime said. Many gave away their hard-earned belongings to start a new life, she said.
Tuesday’s court order was not the last word on the travel policy that President Donald Trump rolled out in January. The Supreme Court justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on refugees anywhere in the world and on travelers from six mostly Muslim countries.
It’s unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.
The Trump administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.
For now Ibrahim, like many in limbo, must wait to see if her American dream of education for her family will become a reality.”
Maybe, moral leadership doesn’t end wars or prevent famine. But, we have graphically demonstrated over the past four decades the inability to solve problems by use of military force. Moral leadership is still a useful thing to have. And, by electing Trump and his intellectually shallow, unqualified, amoral minions we have diminished ourselves in the world’s eyes!
“In 2016, the last year of President Obama’s administration, the U.S. accepted 85,000 refugees and set a goal of bumping that number up to 110,00 this year. Those plans changed with President Trump’s so-called travel ban, which set the refugee limit at 50,000 for 2016. Now, the administration is considering setting that number even lower for 2018, despite the worst refugee crisis since World War II.
The President has until October 1 to set a refugee ceiling and, the Times reports, there’s a debate raging in the White House about whether the number should be reduced to numbers not seen in decades. Leading the arguments against cutting the totals is Trump senior adviser Stephen Miller, an immigration hawk and ally of Steve Bannon and Attorney General Jeff Sessions. Miller has reportedly produced cutting the number all the way to 15,000. The Department of Homeland Security has proposed its own cut to 40,000.
The Times explains their purported thinking:
Two administration officials said those pushing for a lower number are citing the need to strengthen the process of vetting applicants for refugee status to prevent would-be terrorists from entering the country. Two others said another factor is a cold-eyed assessment of the money and resources that would be needed to resettle larger amounts of refugees at a time when federal immigration authorities already face a years long backlog of hundreds of thousands of asylum seekers.
This reasoning doesn’t align with the facts. Refugees are far more likely to be victims of politically motivated attacks than perpetrators. Limiting refugees does not keep America safer because refugees are not dangerous. It’s difficult not to see nativism as the motive behind pretending that they are: fear makes it easier to convince people that suffering people should be excluded from the United States. As for the cost concerns, the GOP’s feigned fiscal prudence should never be taken seriously.
By setting the refugee cap at 50,000 this year, Trump has already pushed the number lower than it’s been in decades. In the 37 years since the Refugee Act of 1980 gave the president a role in setting the cap, it hasn’t slipped lower than the 67,000 President Reagan set in 1987.
Cutting the refugee ceiling would leave tens of thousands of vulnerable people out in the cold, the International Rescue Committee said in a report last month. The humanitarian organization advocates for a ceiling no lower than 75,000 people. “An admissions level of at least 75,000 is a critical signal to the world that the United States remains a safe haven for those fleeing persecution, terror and ideologies antithetical to American democratic values,” the report says. “Anything less would be to turn our backs on the United States’ humanitarian tradition and global leadership.”
Under the last three Administrations, the US has made an absolute muddle out of two ill-advised wars and Middle East policies in general. The idea that guys like Trump, Tillerson, Miller, Bannon, Sessions, and even “the Generals” can come up with a constructive solution borders on the ludicrous. Nope. They going to to fight the 21st Century version of the “100 Years War” with similar results.
If there is a solution out there that will help achieve stability and provide a durable solution to the terrorist threats, it’s more likely going to be coming from one of today’s refugees who have a better idea of what’s actually going on and how we might become part of the solution rather than making the problems worse.
Refugees represent America’s hope. The Sessions-Miller-Bannon cabal represents America’s darkest side — one that threatens to drag us all into the abyss of their dark, distorted, and fundamentally anti-American world view.
“The basic thing is that most judges regard these people [unrepresented litigants] as kind of trash not worth the time of a federal judge,” he said.”
Read the full, very revealing interview at the above link.
I do hope that Judge P will turn his attention and boundless energy to the way that unrepresented litigants are routinely mistreated, denied due process, and abused in our U.S. immigration Court system. Children forced to present their own asylum claims? He could also shed some needed light on how the DOJ is intentionally attacking and wearing down the NGOs and pro bono attorneys, who are indigent migrants’ sole lifeline to due process, with Aimless Docket Reshuffling (“ADR”).
I was interested in how he described the staff attorney system in the 7th Circuit as placing the real adjuducation of appeals in the hands of staff, with Article III Judges all too often merely “signing off” or “rubber stamping” results. Most Circuit Court staff attorney systems were instituted to deal with the overwhelming flow of petitions to review BIA decisions following the so-called “Ashcroft Purge and Reforms” that largely eliminated critical thinking and dialogue at the BIA and turned it into the “Falls Church Service Center.”
The current BIA is largely a staff-driven organization. That the Article III Courts have replicated the same system resulting in the same problems is disturbing, and shows why due process for migrants is being given short shrift throughout our legal system.
The good news: The New Due Process Army knows what’s going on in the system and is positioned to carry the fight to the entrenched status quo, for decades if necessary, until our legal system delivers on the constitutional guarantee of due process for all.
Many thanks to my good friend and colleague Judge Dorothy Harbeck for sending this item my way!
Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.
WaPo: “The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue…The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.”
The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates. The NYIC will also email updates and put them on our social media.
Immigrant ARC is working with MOIA for a large scale event. More details coming soon.
If you are an Immigrant ARC member and develop materials etc. that can be shared, please send them my way and I will upload them into the databank.
We will be uploading flyers for events, etc onto the nyic calendar (link on our front page).
Bloomberg reports that immigration attorneys are seeing what could be an expansion of a USCIS effort to root out fraud in the immigration system. It’s “clear” the agency is looking for fraud across all visa categories, AILA Treasurer Allen Orr said.
The Guardian reports that a federal judge has issued a preliminary injunction that blocks key parts of Texas’s ban on sanctuary cities, two days before the law was scheduled to go into effect. AILA moved its 2018 conference out of the Dallas area in protest at SB 4.
AILA Doc. No. 17083140
CALLS TO ACTION
DACA Rally – The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates.
NYIC SIJS Request: As a follow up to ongoing conversations that have come out of our liaison meetings and other conversations with the local USCIS office, they have asked me to put together a list of A numbers of over 18 year old SIJS cases that have been pending with no movement or decision so that they can get more information from the NBC. If you have cases like that could you let me know. I would love to get this to them in mid-September so that they have the information by our next liaison meeting.
In times like these, all of us on the “right side of history” — who have reflected on things like the causes of World War I and World War II, the horrors of Communism, Jim Crow Laws, the failure of the American Legal System to stand up to racism during most of the century following the Civil War, and the costs of “science deniers” — need to stick together and work as a team to resist and ultimately defeat the forces of darkness and evil that have taken over our Government, our country, and are now threatening the future and safety of our world. They can’t be allowed to prevail with their ignorant, yet disturbingly arrogant, messages and actions of hate, disdain, racism, and selfishness.
Time for the “good hombres” to stand up and be counted in opposition to the “bad hombres!”
Thought you might find a couple stories of mine that we published this morning interesting.
As always, all the best,
A storm is brewing for DACA this September
By: Tal Kopan, CNN
A suite of pressures on the policy that protects young undocumented immigrants is brewing — and it could mean the program soon either becomes permanent or disappears entirely.
Next month, the Trump administration faces both an ultimatum from challengers to the Deferred Action for Childhood Arrivals policy, or DACA, and a potentially nasty government funding fight that could require an 11th hour deal to avert a shutdown.
Last week, the administration’s biggest defender of DACA moved much closer to the President, who has also spoken about being sympathetic to DACA recipients. Gen. John Kelly is now the White House chief of staff, and as homeland security secretary, he spoke frequently about preserving the program under this administration.
But the move also takes him out of the department that was responsible for issuing permits under the Obama administration policy — and he recently warned Democrats on the Hill that the program’s prospects are dim.
When Congress wraps up its August recess, members will return to a consequential month — one in which they may be forced to act whether they want to or not.
The earliest trigger will be September 5. That’s the deadline in an ultimatum issued by Texas Attorney General Ken Paxton and nine other state attorneys general to the Trump administration: Rescind DACA or we will challenge it in an unfriendly court. They have already succeeded in stopping a similar program to protect the parents of childhood arrivals to the US.
Trump said the ultimate decision on what to do will be made by him.
“It’s a decision that I make and it’s a decision that’s very, very hard to make. I really understand the situation now,” Trump said in a conversation with reporters on Air Force One last month. “I understand the situation very well. What I’d like to do is a comprehensive immigration plan. But our country and political forces are not ready yet.”
Trump has spoken recently about having compassion for recipients of the policy, which protects undocumented immigrants brought to the US as children from deportation and allows them to work and study in the US. But he also pledged to end the program “immediately” on the campaign trail, and his base strongly opposes the Obama administration policy they call an “amnesty.”
That could make punting the issue to Congress an appealing solution for the administration.
“My assumption is that the cleanest thing they can do, though they’ll take the vast majority of the blame for ending the program, is simply announce come September 5 a sunset of the program, that they’ll stop approving applications, and then invite Congress to work on legislation,” said a Democratic congressional staffer familiar with the issue who spoke on condition of anonymity to be candid.
On President Donald Trump’s 200th day in office, he still lags far behind his predecessors in staffing up his administration, both in terms of nominations and confirming those positions.
Any new administration has to fill roughly 4,000 positions across the government, more than 1,200 of which require Senate confirmation. While no administration can accomplish that task in 200 days, the nonprofit good-government group Partnership for Public Service recommends having the most important 300-400 confirmed by August recess.
Trump hasn’t come close.
The President got a big boost to his progress last week when the Senate confirmed en masse more than five dozen outstanding nominees — roughly doubling the number of nominees Trump has had confirmed.
But he still remains far behind.
As of August 4, when the Senate left town for its August recess, Trump has nominated 277 people for key posts, has had 124 confirmed, and has withdrawn eight of the nominations, according to CNN’s tracker.
The Partnership for Public Service has identified 577 executive branch positions as being particularly essential — and Trump has only successfully filled about a fifth of them.
Meanwhile, his predecessor fared far better at the same point in their terms. President Barack Obama had 433 nominations and 310 confirmations at the same point, President George W. Bush had nominated 414 and had 294 confirmed, and President Bill Cilnton had 345 nominations and 252 confirmed.
Trump’s rate of 45% of nominees confirmed lags behind Obama’s 72%, Bush’s 71% and Clinton’s 73%. His nominees have also taken far longer to confirm — an average of 54 days compared with 41, 35 and 30 respectively.
The White House has consistently placed blame for its slow pace on Democrats — the minority party in the Senate — arguing they’ve employed stall tactics to slow-walk Trump’s confirmations.
Indeed, before the failure of the Senate to advance a plan to repeal Obamacare, Senate Democrats were forcing Republicans to go through all procedural steps for nominees, dragging out the process.
But part of the slowness has also been due to difficulty getting paperwork in for many of the nominees, and some announced nominations were not transmitted to the Senate for formal consideration for months. Trump also lags in naming officials amid reports that Cabinet officials and the White House have butted heads over potential candidates.
Trump has had his entire Cabinet confirmed, although when he selected John Kelly as his chief of staff late last month, he created a vacancy at the Department of Homeland Security. But experts say his slowness to fill deputy positions at agencies is equally important, as those officials handle much of the day-to-day management of government.
Partnership for Public Service President Max Stier, who has advised multiple presidents and presidential candidates, including Trump, on transitioning into office, said the President should be prioritizing filling positions if he wants to execute his agenda.
“While the pace of nominations for political appointees has picked up in recent weeks, critical leadership positions remain vacant at almost every agency and department,” Stier said. “The President must prioritize getting his full team in place. Doing so will strengthen his ability to run the government, achieve his priorities and deal effectively with the inevitable crises that will take place in our complicated and dangerous world.”
“Late last month, Congressman Luis Gutiérrez (D-Ill.), introduced the American Hope Act, H.R. 3591, with 116 co-sponsors, all Democrats.
The bill would provide conditional permanent resident status for undocumented aliens who were brought to the U.S. before their 18th birthday, which would permit them to live and work here legally for three years and put them on a path to Legal Permanent Resident status and citizenship.
Such bills are referred to as “DREAM Acts,” an acronym for “Development, Relief, and Education for Alien Minors Act.”
It might be more accurate, however, to call this bill “The False Hope Act.”
Bills to provide lawful status for undocumented aliens who were brought here as children have been pending in Congress since 2001, and we are yet to see one enacted legislatively, rather than by executive action. And this one was introduced by Democrats in a Republican-controlled Congress. Moreover, it is out of step with President Donald Trump’s policies on legal immigration.
. . . .
Why hasn’t a DREAM Act bill been enacted?
No one knows for sure. I think it is due mainly to the fact that the number of undocumented aliens who would benefit from such legislation could get quite large. Also, the fact that they are innocent of wrongdoing with respect to being here unlawfully does not make it in our national interest to let them stay. This is particularly problematic with respect to the American Hope Act. Section 4 of this bill includes a waiver that applies to some serious criminal exclusion grounds.
Although estimates for the number of undocumented aliens who could be impacted are not available yet for the American Hope Act, they are available for similar bills that were introduced this year, the Recognizing America’s Children Act, H.R. 1468, and the Dream Act of 2017, S. 1615.
The Migration Policy Institute estimates that potentially 2,504,000 aliens would be able to meet the minimum age at arrival and years of residence thresholds for the House bill and 3,338,000 for the Senate bill. However, some of them would need to complete educational requirements before they could apply.
The American Hope Act would treat all immigrant youth who were brought here as children the same, regardless of educational level, military service, or work history. Gutiérrez said in a press release, “We are not picking good immigrants versus bad immigrants or deserving versus undeserving, we are working to defend those who live among us and should have a place in our society.”
This is inconsistent with the skills-based point system in the revised version of the RAISE Act that Trump is supporting. It would prioritize immigrants who are most likely to succeed in the United States and expand the economy. Points would be based on factors such as education, English-language ability, age, and achievements.
Thus, Democrats’ American Hope Act as presently written is very likely to suffer the same fate as the other DREAM Acts.
Success requires a fresh, new approach, and the approach taken by the revised RAISE Act might work by basing eligibility on national interest instead of on a desire to help the immigrants. Certainly, it would be more likely to get Trump’s support.”
Read Nolan’s complete article over at The Hill on the above link.
I agree with Nolan insofar as any immigration bill sponsored by
Democrats at present is DOA. On the other hand, I doubt that the RAISE Act will pass either. There aren’t enough votes in the GOP caucus to pass any type of meaningful immigration reform without some help from the Democrats.
So, it doesn’t hurt for the Democrats to start laying down some specific “markers” for some future negotiations on immigration reform. Also, while it might not happen in my liftetime, history suggests that the Democrats are no more permanently “dead” as a party than the GOP was after the first Obama election and Democratic surge into power in the Executive and Legislative Branches.
The last time Democrats were in power, the Latino/Hispanic voters who had helped put them there were treated as largely non-existent. Indeed, the Obama Administration ran the U.S. Immigration Courts largely as if they were an extension of the Bush Administration, giving the advocacy community the cold shoulder, enacting zero reforms, and pitching a “near shutout” on outside appointments to the Immigration Court and the BIA over which they had total control.
The next time Democrats come into power, it would be wise of the groups that will help put them there to insist on the types of specific reforms and improvements that the Democrats are now articulating in “can’t pass” legislative proposals. And, in addition to doing something for Dreamers and other migrants who are contributing to our society, meaningful Immigration Court reform to remove it from Executive Branch control needs to be high on the list. Realistically, that’s probably going to require some bipartisan cooperation, participation, and support.
I also disagree with Nolan’s suggestion that it would not be in the national interest to let “Dreamers” stay. Of course, it would be strongly in our national interest to fully incorporate these fine young folks into our society so that they could achieve their full potential and we could get the full benefit of their talents, skills, and courage.
I had a steady stream of DACA applicants coming through my court in Arlington. Sure, some of them had problems, and DHS did a good job of weeding those folks out and/or revoking status if problems arose. But, the overwhelming majority were fine young people who either already were making significant contributions to our society or who were well positioned to do so in the future. Indeed, they were indistinguishable from their siblings and classsmates who had the good fortune to be born in the U.S., except perhaps that they often had to work a little harder and show a little more drive to overcome some of the inaccurate negative stereotypes about undocumented migrants and some of the disabilities imposed on them.
The University of Maryland Support, Advocacy, Freedom, and Empowerment (SAFE) Center for Human Trafficking Survivors is seeking a candidate to apply for a SAFE Center-hosted Equal Justice Works Fellowship. Third-year law students, recent law school graduates, and experienced attorneys with a demonstrated commitment to public interest law are eligible to apply. About the University of Maryland SAFE Center (Host Organization) The University of Maryland SAFE Center is a direct services, research, and advocacy center on human trafficking. Through in-house service provision and collaboration with partners, the Center provides comprehensive social, legal, mental health, medical, and economic empowerment services to sex and labor trafficking survivors regardless of nationality, age, or gender. The SAFE Center is located in College Park, Maryland. Learn more on our website: www.umdsafecenter.org. About the Equal Justice Works (EJW) Fellowship Program The Equal Justice Works Fellowship program funds public interest attorneys for two years at a host organization in an effort to close the justice gap on pressing social issues. The host organization provides training, support, supervision, and health insurance and other standard employee benefits. The Application Process Candidates who are interested in applying for an EJW Fellowship to work at the SAFE Center must apply to the SAFE Center by August 9, 2017. The SAFE Center will choose a candidate with whom to apply for an EJW fellowship. The candidate and the SAFE Center will work together to develop the project listed below, and will collaborate on the EJW application. The candidate will submit that application to EJW by September 27, 2017. If the application is successful, the EJW Fellow will begin work on the project at the SAFE Center in September 2018. For more information on the EJW application process, please see http://www.equaljusticeworks.org/post-grad/equal-justice-works-fellowships/apply. Proposed Project Outreach and Legal Services for Forced Labor Victims: This project focuses on survivors of labor trafficking in Maryland and the metropolitan Washington DC area. Labor trafficking is a form of modern-day slavery that involves forcing, coercing, or defrauding a person into involuntary servitude in restaurants, factories, farms, hotels, beauty salons, private homes as domestic workers, family-run businesses, and other industries. Victims are typically forced to work extremely long hours under inhumane conditions, with few or no days off, for little or no money. They are controlled by threats, violence, fake debts, isolation, and other methods. Labor trafficking is occurring in Maryland and the metropolitan DC area but it is largely under-identified, underreported and under-prosecuted. This project will involve direct legal immigration services, outreach, and advocacy on labor trafficking. The EJW Fellow will represent labor trafficking victims in applying for T visas and other forms of immigration relief. The EJW Fellow will create Know Your Rights materials and conduct presentations for relevant community organizations and agencies in the metropolitan DC area in order to increase identification of labor trafficking victims. The EJW Fellow will also identify legislative and policy gaps on labor trafficking in the DC metropolitan area and assist in proposing solutions. Candidate Qualifications: Demonstrated commitment to public interest law. Demonstrated interest in human trafficking, immigration, civil rights, labor rights, women’s rights, or other social issues. Excellent research, writing, and oral communication skills. Highly self-motivated, well organized, detail-oriented, and flexible. Ability to work well with culturally diverse populations. Have a strong work ethic and a positive attitude. Agree to sit for the Bar Exam the summer after graduating law school. Foreign language ability preferred but not required. To apply, please send a resume, cover letter, 5-10 page writing sample, and a copy of your academic transcript (unofficial) to email@example.com by Wednesday, August 9, 2017.
GO FOR IT!
Thanks to Professor Alberto Benitez of GW Law for sending this my way.
“The chief judge’s memo correctly states that “at least one continuance should be granted” in order to allow a respondent to obtain counsel. However, the memo raises concerns about granting additional adjournments, “particularly when all respondents are initially provided a list of pro bono legal services…” However, the memo fails to mention the strain the same backlog has put on the limited resources of the listed pro bono representatives. Therefore, denying additional continuances will require more applicants to proceed without counsel. At present, many cases pending before the courts involve asylum seekers (including minors) fleeing gang violence in Central America and Mexico. Many of these claims are based on the claimants’ membership in a particular social group, a still-evolving area of the law. BIA precedent requires an asylum applicant to “delineate and establish to the Immigration Judge any particular social group he claims.” See Matter of A-T-, 25 I&N Dec. 4, 10 (BIA 2009). “Particular social group” is a term of art that a pro se applicant would not understand. Furthermore, a knowledge of existing case law is essential in crafting a proposed social group to present to the immigration judge. In other words, the denial of additional continuances to allow an asylum applicant to obtain representation in order to move a case along can be fatal to an individual’s chances for obtaining relief, and can further undermine the applicant’s chance of success on appeal.
Hopefully, judges will continue to consider all of the above in their application of the Chief Judge’s memo.”
I agree entirely with Jeffrey that continuances play a critical role in maintaining due process. I also agree that memos such as this OPPM show a total misunderstanding and lack of appreciation for the situation of NGOs — who are basically keeping the system afloat — and the due process need for counsel in asylum cases. See my comments from yesterday on the OPPM:
Contrary to the Chief Judge’s tone, problems caused by DOJ and EOIR management have basically tied the individual Immigration Judges’ hands in granting continuances. Let’s face it, after DOJ and EOIR arbitrarily “orbit” ready for trial non-detained cases for their own political goals, individual Immigration Judges lose both credibility and effective control of their dockets. How can a judge in good conscience deny most motions to continue when cases are intentionally left pending for years: attorneys change, the law changes, country conditions change, witnesses change or become unavailable, and other forms of relief pop up.
Moreover, as pointed out by Jeffrey, rather than simplifying the system so that protection could be quickly granted in more straightforward cases, the BIA has intentionally made the process more complicated — to the extent that it is virtually impossible to imagine that any unrepresented asylum applicant could document a PSG case to the BIA’s hyper-technical specifications.
And, Congress also shares responsibility for the current untenable situation. During several relatively recent “contrived” Government shutdowns, the Immigration Court’s entire non-detained docket and the the vast majority of Immigration Judges who staffed them were determined to be “nonessential” and therefore “furloughed,” leaving active dockets “to rot.” Non-detained cases were cancelled en masse and the court system never really recovered. For all I know, some of those cases are still “off docket.”
Also, these actions sent a strong message that the politicos in both the Legislative and Executive branches neither respected the work of U.S. Immigration Judges nor considered it important. The “non-detained docket” basically became the “who cares docket.”
The Obama Administration then further aggravated the problem by unwisely (and without consulting “line” U.S. Immigration Judges) prioritizing new “Not Quite Ready For Prime Time” Southern Border cases over regularly scheduled non-detained cases, thus sending the non-detained docket further into complete chaos: “Aimless Docket Reshuffling.” Now, the Trump Administration’s “gonzo, anything goes, show no judgement, exercise no prosecutorial discretion” regime is pushing the courts over the brink.
We need bipartisan legislation to get the U.S. Immigration Courts out of the DOJ and into an independent judicial structure where they can focus on providing high quality due process in an efficient, predictable, and systematic manner.
New York University Immigrant Defense Initiative Seeks Staff Attorney
The New York University (NYU) Immigrant Defense Initiative seeks a Staff Attorney for a one-year contract position (part or full time) with the possibility of renewal. The NYU Immigrant Defense Initiative is a project of the NYU Law School’s Immigrant Rights Clinic, directed by Professors Alina Das and Nancy Morawetz. The NYU Immigrant Defense Initiative provides legal advice, representation, and referrals to members of the NYU community, including students and staff, who are at risk of deportation or otherwise in need of urgent legal immigration support. Working closely with pro bono partners, the NYU Immigrant Defense Initiative also organizes Know Your Rights trainings and other community events in response to ongoing concerns with immigration policies and recent legal developments. The Staff Attorney will conduct screenings, consultations, and broader outreach in the NYU community, and represent members of the community in removal defense and/or affirmative applications and waivers as needed. In addition, the Staff Attorney will conduct Know Your Rights trainings, present at community events, and develop materials and advisories in relation to current and potential changes to immigration law and policy. The Staff Attorney will work closely with our pro bono law firm partners to refer cases for longer term representation and/or additional support. Terms of Position and Salary: The position is available for one year, with the possibility of renewal. The preferred start date would be in August 2017. The position may be full time or part time, depending on the applicant’s preference. Please state your preference with respect to full or part time work in your cover letter. Salary will be commensurate with experience and the full or part time nature of the position. Qualifications: Applicants for the Staff Attorney position should have a minimum of three years of experience working with applicants for student, employment, and family visas and related waivers, as well as naturalization applications. Ideally, applicants will also have experience in asylum law and removal defense as well. Applicants must be comfortable with and interested in conducting Know Your Rights trainings and community presentations. Applications: Applicants should submit a resume/CV and a cover letter describing their interest in the position, relevant experience, and preference for full or part time work to the Immigrant Defense Initiative’s Program Coordinator, Noelia Rodriguez, at firstname.lastname@example.org. Applications will be considered on a rolling basis through July 15, 2017. NYU is an equal opportunity employer. EOE / AA / Minorities / Females / Vet / Disabled / Sexual Orientation / Gender Identity
Tracy Jan writes in the Washington Post’s Wonkblog:
“Refugees have been at the center of a political maelstrom, accused of everything from terrorism to being a drain on taxpayers — prompting President Trump, in one of his first official acts, to suspend the country’s four-decade old refugee resettlement program.
But a new study shows that refugees end up paying more in taxes than they receive in welfare benefits after just eight years of living in this country.
By the time refugees who entered the U.S. as adults have been here for 20 years, they will have paid, on average, $21,000 more in taxes to all levels of government than they received in benefits over that time span, according to a working paper released Monday by the National Bureau of Economic Research that examined the economic and social outcomes of refugees in the U.S.
Your daily policy cheat sheet from Wonkblog.
“There was a lot of rhetoric saying these people cost too much, but we didn’t actually know what that number was,” said William N. Evans, an economist at the University of Notre Dame who co-authored the paper.
Trump, in his January executive order temporarily barring refugees from entering the country, had directed the State Department to study the long-term costs of the refugee admissions program to federal, state and local governments.”
Trump’s immigration policies usually are not based on facts. He uses anti-immigrant anecdotes (some fabricated or exaggerated) along with policy statements straight out of the Bannon, Miller, Sessions, Kobach White Nationalist playbook to “whip up his base” and promote xenophobia.