SOUTHERN BORDER: BIDEN ADMINISTRATION FINALLY REVEALS PLAN FOR LIFTING TITLE 42 — Long On Enforcement, Deterrence, Punishment, Notably Short On Humanitarian Reforms, Positive Legal Guidance, Cooperation With NGOs, States, & Localities Who Welcome Refugees & Asylum Seekers !

Here it is:

https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf

Unfortunately, you have to get “down to the fine print” (page 13 of 20) find the paragraph that should be the “centerpiece of restoring the rule of law” — a functional legal  asylum processing at ports of entry that would encourage refugees to present themselves there for fair and humane processing rather than seeking irregular entry with the help of smugglers.

Port of Entry Processing

The imposition of the Title 42 public health Order severely restricted the ability of undocumented noncitizens to present at POEs for inspection and processing under Title 8. The closure of this immigration pathway for much of the time Title 42 has been in effect has driven people between POEs at the hands of the cartels. Returning to robust POE processing is an essential part of DHS border security efforts. Beginning in the summer of 2021, DHS restarted processing vulnerable individuals through POEs under Title 8, on a case-by-case basis for humanitarian reasons, pursuant to the exception criteria laid out in CDC’s Title 42 Order. These efforts, which we have recently expanded, offer individuals in vulnerable situations a safe and orderly method to submit their information in advance and present at POEs for inspection and subsequent immigration processing under Title 8. We also have enhanced Title 8 POE processing through the development of the CBP One mobile application, which powers advanced information submission and appointment scheduling prior to an individual presenting at a POE. We will make this tool publicly available and continue to expand its use to facilitate orderly immigration processing at POEs.

13 of 20

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

The failure of Garland to appoint a new, expert BIA committed to due process and providing fair, practical positive guidance on the generous application of asylum law foreshadowed by INS v. Cardoza Fonseca a quarter of a century ago, but never realized in practice, is likely to become a millstone around the Administration’s neck. There is no substitute for due process and fundamental fairness. The current dysfunctional, mismanaged, and inappropriately staffed EOIR is not capable of providing the necessary leadership, consistency, and accountability.

Also, in light of U.S. District Judge Robert Summerhays’s  “off the wall” decision in Arizona v. CDC, it’s not clear that Title 42 will ever be lifted. 

🇺🇸Due Process Forever!

PWS

04-29-22

🏴‍☠️ PARALLEL UNIVERSE — TRUMP JUDGE ELEVATES FABRICATED “STATE HARM” OVER HUMAN LIVES, RULE OF LAW, & HUMAN RIGHTS! 🤮

Arizona v. CDC, W.DLA

https://storage.courtlistener.com/recap/gov.uscourts.lawd.188754/gov.uscourts.lawd.188754.37.0_3.pdf

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

So, the DHS can’t make advance preparation for orderly resumption of legal processing for asylum seekers? Clearly fabricated “harm” over human lives and human rights? Ignoring the well-documented record of deadly harm inflicted on those seeking asylum by lawless Title 42 enforcement? Racist actions by a U.S. District Judge specifically directed against Hispanic migrants from the Northern Triangle? No realistic connection whatsoever to “public health?” Obviously this is a scheme by an unqualified Federal Judge and White Nationalist GOP state AGs to end asylum law at the border!

The problem: They are  getting away with it!

🇺🇸 Due Process Forever!

PWS

04-28-22

 

⚖️STACY CAPLOW @ AILA IMMIGRATION COURTS ARE SINKING — ROUND TABLE 🛡⚔️ FIGHTING FOR CHANGE!

 

Stacy Caplow
Stacy Caplow
Associate Dean of Experiential Education & Professor of Law
Brooklyn Law
PHOTO: Brooklyn Law website

“Sir Jeffrey” Chase reports:

Hi all:  A new volume of the AILA Law Journal was released yesterday.  It contained an article by Stacy Caplow, co-director of Brooklyn Law School’s Safe Harbor Project, called The Sinking Immigration Court: Change Course, Save the Ship.  I’m not sure if all can access it, but the link is:

https://www.aila.org/File/Related/19110103g.pdf#page=40.  It is a very much worth reading generally, but I wanted to highlight  the following mention of our group at pp. 49-50:

The Round Table of Former Immigration Judges, “a group of 51 former Immigration Judges and Members of the Board of Immigration Appeals who are committed to the principles of due process, fairness, and transparency in our Immigration Court system,” bears witness to the degrading of the court and, speaking with the voice of years of experience, has been an increasingly active and vocal critic of recent developments at the court both before Congress and as amicus curiae.

 There are also citations to a couple of our group’s statements (including one to Congress) and an amicus brief filed with the Supreme Court in the footnotes. 

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

How come the Biden Administration, and particularly AG Garland, don’t “get it?”  

🇺🇸 Due Process Forever!

PWS

04-28-22

🗽 BORDER MAYORS WELCOME END OF TITLE 42, STAND UP FOR RIGHTS OF REFUGEES, WHILE RIPPING FALSE NARRATIVES OF FEAR BEING SPREAD BY GOP AND SOME DEMS! — “We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees.”

https://thehill.com/latino/3462471-two-border-mayors-come-out-in-support-of-ending-title-42/

Rafael Bernal reports for the Hill:

. . . .

But Romero and Mendez criticized Democrats who embrace a rhetoric of border security versus immigrant rights.

Biden administration lays out post-Title 42 border plan

Title 42 looms over Biden meeting with Hispanic Democrats

“Instead of caving into the anti-immigrant rhetoric of the Republicans, Congress should work on real immigration reform that doesn’t exploit an arcane public health authority to deny people their basic, human right to seek asylum,” they wrote.

And the two mayors painted an optimistic picture of border management where security is not at odds with proper asylum management.

“Our offices are working closely with the Biden Administration and with various community organizations on the ground to ensure that there are resources in place to execute a comprehensive plan to process asylum seekers, crack down on cartels, and establish appropriate COVID-19 protocols. We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees,” Romero and Mendez wrote.

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

Read the complete article at the link.

Hats off to Mayor Romero (Tucson) and Mayor Mendez (Brownsville) for standing up for the rule of law and human decency and pushing back against false xenophobic rhetoric from both the GOP nativists and their “values challenged” Dem “fellow travelers.”  

Remarkably, Moldova, a small, poor country living in the shadow of Russia has stepped up in ways that should embarrass cowardly Repubs and their Dem enablers. Moldova has taken the largest per capita number of Ukrainian refugees. https://www.nbcnews.com/news/world/refugees-flee-moldova-russias-shadow-looms-large-rcna25529

🇺🇸Due Process Forever!

PWS

04-27-22

☠️🏴‍☠️👎🏽TRUMP JUDGES MAKING RULE OF LAW A FARCE: It’s Weeks From May 23, But Righty Judge Already Planning To Shaft Vulnerable Asylum Seekers!🤮  

Rebecca Beitsch

Rebecca Beitsch @ The Hill:

A federal judge in Louisiana says he intends to block the Biden administration’s plans for rescinding Title 42, siding with GOP-led states that had asked for the courts to force the White House to temporarily retain the pandemic-era border policy.

The decision from Judge Robert Summerhays, an appointee of former President Trump, will prevent the Biden administration from carrying out its plans to end Title 42 on May 23 and once again allow migrants to seek asylum.

The order, though temporary, is a victory in a suit initially filed by Louisiana, Missouri and Arizona that now includes some 20 GOP-led states.

It’s not yet clear what the terms of the order will be, as a summary of the hearing — which was not open to the public — said “the parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

. . . .

************* 

Read the complete report at the link.

What’s wrong with a system where scofflaw judges undermine, rather than stand up for, the rule of law and the most vulnerable among us? The word “cowards” comes to mind!

🇺🇸Due Process Forever!

PWS

04-25-22

⚖️HISTORY, LAW ENFORCEMENT, HUMAN RIGHTS, FORENSIC SCIENCE COME TOGETHER TO BRING WAR CRIMINALS TO JUSTICE!  — “They [Guatemalan soldiers and local Civil Patrol] covered her mouth, kicked her, and slapped her. Then they ordered her to take her clothes off and took her to the bedroom. They took turns raping her.”

 

This from my good friend and Alexandria neighbor Professor Alberto Benitez over at GW Law:

The attached article from the Washington Post reads like the affidavits we prepare and file in support of our clients’ asylum applications. Please read to the end. All respect to Sra. Alvarado, Sr. Osorio, and all the survivors, may the victims rest in peace, and thanks to Ms. Schneider and Mr. Langille.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

Scanned from a Xerox Multifunction Printer – 2022-04-25T093400.796

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

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post
Nick Miroff
Nick Miroff
Reporter, Washington Post

From the above article by Kevin Sieff & Nick Miroff @ WashPost:

page5image3650581856

 

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

Obviously, what’s described elsewhere in the article is really “top notch” law enforcement work from DHS. It also illustrates one of my “continuing themes” of “effective interdisciplinary cooperation in immigration cases.” 

The irony is that DHS now spends too much of its law enforcement time trying to “chase down the victims of persecution” and deny them their rights to apply for asylum and their opportunity have their cases fairly evaluated and adjudicated.

What if, if rather than yielding to disgusting political grandstanding by GOP nativists and, sadly, some misguided Dems, who want to misuse Title 42 to end asylum law, the Administration stood up for the rights of refugees and asylum seekers for fair and orderly processing and determination of their claims for protection? What if refugees were encouraged to apply at legal ports of entry and at points outside the U.S. Wouldn’t that leave more time for “real” law enforcement at DHS — at the border and everywhere else? 

Interestingly, during the Trump regime, some ICE Special Agents came to the same conclusion. They unsuccessfully “lobbied” then DHS Secretary Nielsen for separation from the “gonzo civil enforcement” that ICE then was carrying out — concentrating on “terrorizing” local ethnic communities. Not surprisingly, this made local enforcement in many areas reluctant to cooperate with ICE on real law enforcement priorities — like that described in this case.

As this article suggests, there has been a real “mixed message” in DHS and DOJ in handling of asylum claims from the Northern Triangle. One arm acknowledges and prosecutes massive acts of persecution that are actually war crimes. Another arm, aided by bad judging at EOIR and poor leadership at DOJ, disingenuously denies that such persecutions took place — sometimes mischaracterizing it as “random violence”  — and that violence amounting to persecution on account of a “protected ground,” particularly violence directed at women and children, remains widespread in Latin America today.

🇺🇸Due Process Forever!

PWS

04-25-22

⚖️👍🏽NDPA:  TWO BIG WINS FOR THE GOOD GUYS ! — Crime — Nunc  Pro Tunc Order —Family-Based Asylum From El Salvador!😎

Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)

https://www.justice.gov/eoir/page/file/1496311/download

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/matter-of-dingus-28-i-n-dec-529-bia-2022#

“In a decision dated May 21, 2020, an Immigration Judge found the respondent to be removable as charged, denied her application for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(h) (2018), and ordered her removed from the United States. On appeal, the respondent contests the Immigration Judge’s determination that her Virginia conviction for distributing a controlled substance renders her ineligible for a section 212(h) waiver, arguing that a State court issued a nunc pro tunc order reflecting that she was not convicted of distributing a substance controlled by Federal law. The Department of Homeland Security (“DHS”) opposes the appeal. Because the nunc pro tunc order reflects the respondent has not been “convicted” of an offense relating to a controlled substance within the meaning of the INA, the respondent’s appeal will be sustained and the record will be remanded for further proceedings.”

[Hats off to Ben Osorio!]

pastedGraphic.png

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

Many congrats, Ben!😎 A rare win for the rule of law and the “good guys” at the BIA. And, give the BIA panel (Judges Goodwin, Gorman, & Greer) credit for rejecting the ICE position and getting this one right under the categorical approach.

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

Hello all,

Just wanted to share some good news!  A client had her merits hearing yesterday afternoon in Seattle. Her asylum claim was based on her PSG of being an immediate family member of a police officer.  She had been threatened by some maras and approached because the maras knew her husband was an officer.  She fled within 2 weeks.  The judge granted and DHS surprisingly did not put up much of a fight.

Sincerely,

Ramon Trujillo

Ramon Trujillo

Law Offices of Ramon Trujillo

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

Many congrats, Ramon! Clearly the correct result under Matter of Fuentes, 19 I&N Dec. 658 (BIA 1988). A former policeman is a PSG; so, undoubtedly the immediate family is also. And certainly, that relationship was “at least one central reason” for the persecution.

Imagine what a “Better Immigration Court” could look like if everyone had the awareness and integrity of the group in court for this case. Justice is a “team effort,” and it sounds like that’s what happened in your case.

That’s what should happen every day in every case at EOIR!

Also, I’ll bet there are more cases like this that were unfairly “locked out of our refugee/asylum system” by abusive use of Title 42 by the Trump and Biden Administrations.

🇺🇸 Due Process Forever!

PWS

04-23-22

🤯 BIDEN’S MUDDLED “NEW” UKRAINIAN REFUGEE POLICY FAVORS WHITE GUYS OVER OTHERS — But, Ukrainian Refugees At Border Will Soon Be Shafted Like Non-Whites! — The Farce Continues As Humanity Suffers!🤮

Ben Fox for AP:

https://www.huffpost.com/entry/us-ukraine-refugees-immigration-border_n_62615daee4b09c32edf97761

. . . .

U.S. officials say a majority of the Ukrainian refugees want to stay in Eastern Europe because they have family fighting in the war and eventually hope to return home.

Advocates have said the U.S. should take far more than 100,000 refugees and do more to expedite the process.

To qualify for admission to the U.S. under the new expedited program, officially known as Uniting for Ukraine, people must have been in Ukraine as of Feb. 11; have a family sponsor in the United States; complete vaccinations and other public health requirements and pass background checks.

Typically, they would start the application process in their home country, but that’s no longer possible because the U.S. pulled its diplomats from Ukraine. The State Department will expand resettlement operations in Eastern Europe under the new program to compensate.

Most will receive two years of residence and authorization to work in the United States under what’s known as humanitarian parole. Those who coming to the U.S. through the formal refugee process, including thousands who will come as members of religious minority groups, will have permanent legal residency.

It will be a streamlined process in Europe, but refugees won’t be able to complete it in Mexico, senior administration officials told reporters, speaking on condition of anonymity to discuss the program before the public announcement.

Instead, Ukrainians who show up at the border will generally be turned away without being able to apply for asylum under a public health order known as Title 42 that has been in place since the start of the pandemic in March 2020.

The Centers for Disease Control and Prevention has said the use of Title 42, which has been used to turn away more than 1.7 million people, is set to end May 23. The agency is under pressure to keep it in place not to control COVID-19, as it was supposedly intended, but to help ease an increase in migrants seeking to cross the border.

Critics of the use of Title 42 at the border have pointed out that it denies people their right under U.S law and international treaty to make claims for asylum and forces migrants to return to dangerous conditions in Northern Mexico and elsewhere.

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

Read the full article at the link.

Actually, although you wouldn’t know it from the Biden Administration’s bizarrely twisted policies, an “asylee” is a “refugee” who shows up at our border and seeks admission. Except that we eliminated our asylum program at the border without any legislative repeal. Got that?

White Ukrainian refugees who came to the border because we had no functioning refugee program in Europe have been admitted over the past few weeks, racing ahead of non-White refugees who have been stuck in Mexico under the Administration’s ill-advised, immoral, and illegal continuation of Stephen Miller’s bogus Title 42 charade aimed at barring refugees of color. Now the Biden Administration proposes to treat Ukranians at the Mexico-U.S. border just as horribly as it does Haitians, Central Americans, and African refugees.  

But, perhaps not quite as badly. They probably won’t be able to “orbit” them back to torture and death in Ukraine because of logistics, if for no other reason.

Ironically, in a relatively short period of time, humanitarian organizations had put together a program for the orderly screening and admission of Ukrainian asylum seekers whom the Administration quickly found a way to “exempt” from their Title 42 charade.

Logic might suggest that such a program could be expanded to non-Ukrainian refugees at the border. But, logic, common sense, courage, and expertise play little role in Biden Administration human rights policies. Instead, the Administration has just mindlessly decided to screw everyone at the border, with some largely unprincipled exceptions, until May 23, when they might, or might not, begin following the law again. 

Wonder how politicos of both parties will react as Ukrainians at the southern border are now left to “twist in the wind” as if they were “mere refugees of color?” That’s likely to lead to some pretty ugly media coverage.

Honestly! Is this any way to “run the railroad” with human lives at stake?

🇺🇸Due Process Forever!

PWS

04-22-22

 

⚖️NYDN OP-ED: Ending Abortion Will Hurt Refugee Women!☹️

Eliana Weinstein
Eliana Weinstein
research assistant in the department of anesthesiology at Weill Cornell Medicine
PHOTO: Cornell
Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

By ELIANA WEINSTEIN and STEPHEN YALE-LOEHR, NEW YORK DAILY NEWS |

APR 20, 2022 AT 5:00 AM

https://www.nydailynews.com/opinion/ny-oped-supreme-court-refugee-abortion-20220420-iyjrkcorjndk5gpxads5qzi4z4-story.html

. . . .

Abortion bans have far-reaching consequences. Within the first 30 days of the enactment of the Texas abortion ban last September, the state saw a 60% decline in abortions. Refugees — who are disproportionately represented in southern states along the U.S. border — are among the most endangered groups. These individuals face imminent danger, violence or persecution in their home country.

Due to inherent instability, refugees are especially vulnerable to sex trafficking along the migration journey. The fear of deportation, lack of immigration status, lower educational attainment, inability to speak English and unfamiliarity with U.S. employment protections mark them as targets. Immigrant women make up 80% of sex-trafficked individuals in the United States.

The glaring omission of exceptions for rape or incest under the Texas law is disturbing. An estimated 5% of rapes among victims of reproductive age result in pregnancy, which by one estimate amounts to 32,000 rape-related pregnancies each year in the United States. The six-week mark under the Texas law allows a maximum buffer of two weeks from the time a pregnant woman misses her period, the first sign of pregnancy. In a third of rape-related pregnancy cases, victims do not discover they are pregnant until the second trimester, 13 weeks into the pregnancy.

. . . .

The shadow of the forthcoming Supreme Court decision lies at the intersection of human rights, law, and medicine. Abortion transcends partisan politics, with far-reaching consequences for women, children, healthcare providers, and all tax-paying citizens.

Rather than prioritize the life of an unborn child, our country must consider the lives that will be forever altered by a birth into desperate circumstances. States should enact protections for groups that will be most vulnerable, including victims of assault or rape, sex-trafficked individuals, and refugees. By defending our nation’s most vulnerable, we would see substantial benefits to the nation as a whole.

Weinstein is a research assistant in the department of anesthesiology at Weill Cornell Medicine. Yale-Loehr is an immigration professor at Cornell Law School.

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

Read the full op-ed at the link.

But, as some of my NDPA colleagues would say, isn’t cruelty and hurting refugee women of color the point of the far right’s war on abortion?

It’s certainly not about the welfare of children and women for which they care not a fig. See, e.g., vicious attacks on vulnerable LGBTQ kids and their families; end of child tax credits; child separtion; unrepresented kids in Immigration Court; making “White kids feel good” at the expense of their minority classmates; seeking to circumvent protections for unaccompanied minors at the border; disparaging statements calling U.S. citizens “anchor babies,” etc.

Ironically, children of migrant women are considered by the GOP to be “persons” as long as they are in the womb. Once they are born, they become “nonpersons” with few if any rights that Repubs are willing to recognize. 

If they could (and that might be next), they would strip kids of undocumented parentage of citizenship. Who says today’s Supremes wouldn’t go along? Having a class of “nonpersons” makes their job easier. No rights, no problems for righty judges and right wing politicos!

Sound familiar?  It should? See Dred Scott. 

🇺🇸Due Process Forever!

PWS

04-20-22

🗽⚖️👍🏼GW CLINIC SAVES ANOTHER REFUGEE LIFE — But, It’s A Sobering Example Of The Type of Person Who Will Be Left To Die At Our Borders If Feckless, “Miller Lite” (Or, “Miller Genuine?”) Dems Are Able To Persuade Biden To Kill Asylum For Good  & Join GOP’s Racist Abrogation Of Rule Of Law! — Progressives Need To “Push Back Hard” On Latest Dem Cowardice & Nonsense — Insist On Restoration Of Rule Of Law For ALL Asylum Seekers @ Border!

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera

“I really do not find enough words to let you know how grateful I am to all of you for your wise and timely guidance at all times and for the dedication and commitment that you assumed from the first moment towards our asylum case.”

Please join me in congratulating Immigration Clinic client T-G and her son F-P, from Venezuela, and their student-attorneys Karoline Núñez, Samuel Thomas, Alexandra Chen, and Jeremy Patton. The clients’ asylum application was filed April 28, 2017, their interview at the Asylum Office was on November 1, 2021, and the grant was issued March 21, 2022. T-G received the grant yesterday.

T-G is a survivor of domestic violence at the hands of her husband. He’d punch T-G, force her to have sexual relations, infected her with a STD, and he blamed her for their daughter’s neurological issues. Their daughter contracted Zika but was unable to receive the appropriate treatment because T-G was not a supporter of the Maduro government. Their daughter died at age 14.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

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

Many congrats to the GW Immigration Clinic and all the GW All-Stars! 🤮⚖️

Let’s get behind the intentional dehumanization and the chronically misleading “numbers” being thrown around by nativists, some so-called “moderate” Dems, and the DHS. Put a “human face” on our nation’s dereliction of legal duty and abandonment of values at out Southern border.

Suffering at the Border
The Faces Of Human Suffering @ Our Border
PHOTO: The Guardian

This case is a compelling example of the types of refugees, many women and children and most people of color, who are stuck at our Southern Border as illegal suspension of asylum laws, based on racially- motivated bogus “public health” grounds grinds on. With some legal assistance and a fair and orderly system in place, many of those waiting could qualify for asylum if given a fair chance under the law. 

Access to the asylum system, representation, and fair and impartial adjudication are essential to success. Right now, the Biden Administration is denying all three.

Now, more amoral and weak-kneed Dems are urging Biden to kill asylum and refugees of color along with it by “delaying” the long overdue resumption of legal asylum processing at the border for another “60 days.” https://www.forbes.com/sites/joewalsh/2022/04/18/more-democrats-criticize-biden-for-plan-to-end-trump-era-border-restrictions/?sh=68b608c251d8  

Make no mistake, this disingenuous action would kill asylum for good! These guys don’t even have the guts to admit that they are now carrying out Stephen Miller’s xenophobic war on immigrants and refugees of color.

  • Biden ran on an elimination of Title 42 and restoration of the legal asylum process. If 18 months after the election they lack a “plan,” there is no reason to believe that 60 more days would make a difference. It’s now or never!
  • 60 days would bring us even closer to the mid-terms. If Dems are scared to follow the law now, that’s not going to improve as the midterms get even closer. 
  • You can be sure that once the midterms are past, particularly if Dems get “blown out” as they fear, they will claim that the time “isn’t right” for any immigration “reform” (although, following the law is hardly a real “reform”) in advance of the 2024 election. If the GOP wins in ’24, the effective elimination of legal immigration — with or without legislation — will be finalized.
  • This has nothing to do with COVID at this point. It never really did. It was always about finding a pretext to close the border and keep it closed — at least to non-White refugees. But, since COVID constantly mutates, there will always be some sort of “COVID emergency” out there for the foreseeable future. 
  • Asylum applicants have NOT been a significant source of COVID. They are far less of a threat to our health, safety, and security than GOP “magamorons” who eschew vaccination and basic public safety precautions. The Biden Administration should have a plan in place to insure that asylum seekers are tested and if necessary vaccinated before admission.
  • If we have no legal asylum system at the border, no functional refugee system abroad, and no hope for the future, the only way for individuals to seek protection will be by using smugglers to enter illegally and then hoping to “lose themselves” in a burgeoning “extralegal population” throughout out America. Once we abandon any pretext of a legal system for asylum seekers, the border will get further and further out of control. That will add to the GOP’s claims that more and more cruel, draconian, and punitive measures are necessary. But, they won’t stop desperate people from attempting entry until they either succeed or die in the process.
  • Contrary to the misguided blather of some Dems, there will never be a better time for Dems to support asylum seekers. They are concentrated in border areas, and eager to have their claims heard. Orderly processing and admitting as many as qualify, in a period of artificially reduced migration, would help the economy, raise tax revenues, and address supply chain issues. If not now, when?
  • Restoring asylum law is a legal requirement, not a “strategy,” “policy,” or “political choice.” If Dems turn their backs on the rule of law, what makes them different from the GOP?

If this divisive nonsense and backsliding on basic constitutional, racial justice, and social justice issues continues, progressive Dems are going to be faced with having to make a decision about the party’s future.

Progressive Dems make up a key part of the party’s core base and a disproportionate amount of the “boots on the ground, grass roots enthusiasm.” Republicans aren’t going to vote for Dems, no matter how xenophobic, hateful, and racist Dems are toward migrants. So-called “independents,” are neither going to fill the Dems coffers nor pound the pavement and work the phone lines to “get out the vote.”

So, arrogant “Title 42 Dems” are assuming that they can “spit on” immigrant justice, racial justice, economic justice, and social justice and that their “core support” among progressives won’t diminish because they will always be preferable to “Trump Republicans.”  

All in all, it’s a “big middle finger” to progressives and their social justice agenda. That’s an agenda that Biden actually successfully ran on. 

If progressives really believe in a pro immigrant, pro rule of law, racial justice agenda, then they need to stand up to the backsliders and let them know that there will be real consequences of yet another “sellout of immigrants’ rights.” We’ll see whether progressive Dems have more backbone and courage than their “Title 42/Miller Lite wing.”

This morning, a WashPost editorial correctly pointed out that Ukrainian refugees “couldn’t afford to wait” for the Biden Administration to get its act together. https://www.washingtonpost.com/opinions/2022/04/19/united-states-ukraine-refugee-effort-slow-start/

But, the Post badly missed the larger point — NO refugee can afford to wait, be they White Ukrainians, Black Haitians, Cameroonians, and Congolese, or Latinos from the Northern Triangle, Venezuela, and Nicaragua! Our obligations to asylees are not supposed to be “race-based!”

The U.S. has had a legal refugee and asylum system for more than four decades. During that time, Congress has made several amendments of the law to allow DHS to rapidly process and summarily remove those appearing at the border who, after prompt expert screening by Asylum Officers, cannot establish a “credible fear” of persecution. 

Restrictionists and shamefully some so-called moderate Democrats, and sometimes CBP, seem to have conveniently “forgotten” that the law was designed to deal fairly and promptly with so-called “mass migrations” long before the advent of the bogus Title 42 charade.

For some periods during the 40 years since the enactment of the Refugee Act of 1980, the U.S. has run functional refugee and asylum programs. Not “perfect” or perhaps even “optimal,” but “functional.”

They have done this by employing experts, cooperating with NGOs (domestic and international), and building resettlement and support systems spearheaded by NGOs, using Government grants, and promoting teamwork and coordination with states and localities.

It has only been when Administrations of both parties have mindlessly turned away from human rights experts and followed the misguided and tone-deaf gimmicks advocated by nativists and apostles of “enforcement only deterrence” that the legal systems for refugees and asylees, and efficient, humane border enforcement, have fallen into disorder.

While refugee and asylum laws could undoubtedly be improved, contrary to the media blather and nativist grandstanding, we have the basic legal framework to deal with the current refugee and asylum situations at our borders and beyond. The question is whether the Biden Administration and Dems have the will, vision, competence, and willingness to cooperate with human rights experts to fix the mess intentionally created by Trump and return human decency, competence, and the rule of law to our borders! If not now, when?

🇺🇸Due Process Forever!

PWS

04-19-22

 

⚖️ THE GIBSON REPORT — 04-18-22 — Compiled By Elizabeth Gibson Esquire, Managing Attorney, National Immigrant Justice Center — 2021 DOS Country Reports, TPS For Cameroon and Ukraine, Harris Co. (TX) Legal Services Fund, Among The “Headliners!”

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • PRACTICE ALERTS
  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

PRACTICE ALERTS

 

TPS For Ukraine Scheduled to Be Published tomorrow, 4/19/22

 

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

 

2021 DOS Country Reports on Human Rights Practices

 

USCIS Announces Online Filing for DACA Renewal Forms

 

ICE announces new policies strengthening protections for detained noncitizens with mental disorders

 

NEWS

 

State Department Unveils US 2021 Human Rights Report

VOA: A U.S. State Department annual report highlighted concerns about continuing human rights abuses in Russia, China, Iran, Venezuela, Egypt and other authoritarian nations, as well as the impact the coronavirus pandemic has had on rights practices around the world.

 

U.S. arrests 210,000 migrants at Mexico border in March, rivaling record highs

Reuters: The 210,000 migrants arrested in March, a figure made public in a court filing on Friday night, is the highest monthly total on record since February 2000, according to U.S. Customs and Border Protection statistics dating back to 2000.

 

Launch of Program for Legal Representation of Detained Immigrants

RAICES: On Monday, April 18th, 2022, immigrant legal services providers, advocates and community members will hold a press conference to announce the launch of the Harris County Immigrant Legal Services Fund (ILSF), which will provide free legal representation for immigrant members of the county who are detained and facing the threat of deportation. As of February 2022, Harris County had the most residents with pending immigration court cases in the country.

 

Democrats intensify fight against Biden immigration policy

CNN: While immigration advocates celebrated the decision to reverse Title 42, many moderate Democrats have sounded the alarm warning that lifting the policy without an adequate plan in place will lead to a rapid influx of migrants at the Southern border, something that Republicans will be quick to seize on the campaign trail.

 

First busload of migrants from Texas arrives in D.C.

WaPo: They were also thankful that Abbott had given them a free ride and trips to McDonald’s, even after being told the governor is calling for them to be expelled from the United States…“The truth is, they helped us. They gave us a hand so that we could arrive here and honestly, we are very grateful.” See also Texas halts truck inspections that caused border gridlock; Examining Nearly Two Decades of Taxpayer-Funded Border Operations.

 

Kansas gov signs bill to ban local ‘sanctuaries’ for immigrants

AP: The bill was filed after Wyandotte County passed a “sanctuary” ordinance in February that would provide local identification cards for immigrants and other residents and would prevent local law enforcement from helping the federal government enforce immigration laws unless public safety is threatened. Lawrence and Roeland Park have similar ordinances.

 

Watchdog Pans ICE For Sole-Sourcing $87M Hotel Deal

Law360: A federal watchdog rebuked U.S. Immigration and Customs Enforcement for an $87 million no-bid contract to house migrant families in hotels, saying the agency hadn’t justified directly awarding the deal to a nonprofit inexperienced in emergency family residential services.

 

Cuba has stopped accepting deportations of its nationals from the US, ICE says

Denver Gazette: The Cuban government has not been accepting deportations of Cuban nationals from the U.S. for more than six months, at a time when tens of thousands are leaving the island to reach the U.S. in the largest exodus since the 1980s Mariel boatlift.

 

Illinois budget expands tax breaks and healthcare for immigrants

WTTW: An expanded class of low-income workers will permanently get a larger tax break via the Earned Income Tax Credit, and that benefit will be extended to those who file taxes with an Individual Taxpayer Identification Number (ITIN), something that Rep. Aaron Ortiz, D-Chicago, said is important to many immigrants who play an important role in the state’s economy. Illinois is allocating $70 million for healthcare for undocumented immigrants. See also Illinois launches health care coverage for older immigrant adults aged 55 to 64.

 

Ukrainians Face New Hurdle at U.S. Border: No Dogs

NYT: Federal health guidelines limit the entry of pets from countries like Ukraine with a high incidence of rabies. For some refugees, the rule has been devastating. See also Poland builds a border wall, even as it welcomes Ukrainian refugees.

 

LITIGATION & AGENCY UPDATES

 

4th Circ. Won’t Grant Immigrant Fees, Despite Feds’ Loss

Law360: The Fourth Circuit refused to award attorney fees to a man who convinced the full appeals court that the federal government had arbitrarily rejected him for special immigrant juvenile status, saying the U.S. was justified in fighting the suit.

 

7th Circ. Leery Of Letting States Step Into Public Charge Fight

Law360: The Seventh Circuit seemed unconvinced Wednesday that it should unsettle the dust in a dispute over a Trump-era public charge rule that the Biden administration has already begun redrafting by letting a group of Republican-led states enter the fray.

 

USCIS To Give Veterans Citizenship After Failing To Ax Suits

Law360: U.S. Citizenship and Immigration Services will grant naturalization requests made by two immigrant veterans after federal courts refused to toss the soldiers’ lawsuits alleging the agency unfairly disqualified them from expedited processing of their citizenship bids.

 

DHS Can’t Block Probe Of Detained Migrants’ Counsel Access

Law360: A D.C. federal court has denied the U.S. Department of Homeland Security’s bid to block inspections of detention facilities that immigration advocates say are denying inmates access to counsel, but the government did get its choice of monitor for the probe.

 

18 Additional States Join Suit To Keep Pandemic Border Block

Law360: Eighteen additional states on Thursday signed on to a lawsuit started by Arizona, Louisiana and Missouri to challenge the Biden administration’s decision to wind down a pandemic-related order known as Title 42 that allows the quick expulsion of migrants arriving at U.S. land borders.

 

Immigrant groups sue ICE for information on alternative detention programs

Hill: A coalition of immigrant rights groups filed a lawsuit Thursday seeking information from Immigrations and Customs Enforcement (ICE) about the agency’s Intensive Supervision Appearance Program (ISAP), a so- called alternative to detention program that has ballooned during the Biden administration.

 

Immigration warning not needed in police questioning of undocumented suspects, court rules

NJ Monitor: Police do not have to — and should not — advise crime suspects that their cooperation could impact their immigration status, a New Jersey appeals court ruled Friday.

 

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

USCIS: Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.

 

DHS Equity Action Plan

DHS: The key program areas include: Applying for naturalization; Accessing humanitarian protection during immigration processing

Bidding on DHS contracts; Countering all forms of terrorism and targeted violence; Filing complaints and seeking redress in DHS programs and activities; Airport screening; Accessing Trusted Traveler Programs.

 

USCIS Releases New Webpage for Lockbox Filing Location Updates

AILA: USCIS announced that its website will now feature a Lockbox Filing Location Updates page, where customers can track when lockbox form filing locations are updated. Updates will also be emailed and announced on social media.

 

EOIR Announces Appointment of Mary Cheng as Deputy Director

EOIR: Since April 2021, Judge Cheng has served as the Regional Deputy Chief Immigration Judge for the Eastern Region at EOIR. She previously served as a Deputy Chief Immigration Judge from 2017 to 2021, and she was the Acting Principal Deputy Chief Immigration Judge from August 2020 to February 2021. Judge Cheng has also served in the New York Immigration Court both as an Assistant Chief Immigration Judge from 2015 to 2017, and as an Immigration Judge from 2009 to 2015. Before joining EOIR, she served as Assistant Chief Counsel for the Department of Homeland Security, Immigration and Customs Enforcement, from 2002 to 2009; and before that, she practiced immigration law in New York from 2000 to 2002.

 

EOIR Announces New Appellate Judge

AILA: EOIR announced the appointment of Beth Liebmann as a member of BIA by Attorney General Merrick B. Garland. Biographical information for Liebmann has been provided.

 

AMICUS INVITATION (Texas Burglary – Crime of Violence)

BIA: Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft, or an assault under Texas Penal Code § 30.02(a)(3) necessarily supersedes or implicitly contains generic burglary’s intent element, which requires an “intent to commit a crime” upon entry into a building or habitation. Due Date: May 3, 2022

 

RESOURCES

 

 

EVENTS

 

NIJC EVENTS

 

GENERAL EVENTS

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Thanks Elizabeth. 

🇺🇸 Due Process Forever!

PWS

04-19-22

 

 

⚖️RICHARD HERMAN @ IMMIGRATIONPROF BLOG:  PD IS KEY! 🗝 But, It Also Requires A More Active Role By EOIR To Get The “Debilitating Deadwood” Off The Dockets!

https://lawprofessors.typepad.com/immigration/2022/04/guest-post-richard-herman-ice-issues-new-guidance-on-prosecutorial-discretion.html

. . . . .

The Bottom Line

The latest guidelines of ICE are welcomed by the American Immigration Lawyers Association (AILA). The memo will allow prosecutors to resolve cases immediately. It will help in reducing the backlog in immigration court proceedings. Thousands of people are waiting in line for years to get asylum or a green card. The Doyle Memorandum offers clear guidelines for prosecutors.

In the past, ICE Prosecutors have not always closely adhered to PD memos issued by OPLA.  In addition, federal courts have, at times, intervened and enjoined prosecutorial discretion policies by ICE.

But one thing is clear.  With nearly 1.7 million cases currently pending in immigration courts and the Board of Immigration Appeals, let’s hope that ICE Prosecutors will “do justice,” conserve scarce administrative resources best used against high priority cases, and remove low priority cases from the deportation process.  This will not only make the U.S. a more safe and equitable nation, but will help keep peaceful and hardworking families together.

On May 12, 2022, ICE Principal Legal Advisor Kerry Doyle and ICE Detroit Chief Counsel Tara Harris will hold a community meeting with interested legal services providers, non-governmental organizations (NGOs), and community stakeholders who work with immigrant communities in Michigan and Ohio.

This meeting presents a unique opportunity to hear directly from PLA Doyle on her recently issued guidance to ICE attorneys on enforcing the civil immigration laws and prosecutorial discretion.  It is anticipated that specific guidance on process will be provided.

For more information on how to submit a request for PD, please see the ICE Website.

Richard Herman is a nationally renowned immigration lawyer, author, and activist.  He has dedicated his life to advocating for immigrants and helping change the conversation on immigration.  He is the founder of the Herman Legal Group, an immigration law firm launched in 1995 and recognized in U.S. World News & Report’s “Best Law Firms in America.”  He is the co-author of the acclaimed book, Immigrant, Inc. Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009).  Richard’s poignant commentary has been sought out by many national media outlets, including The New York Times, USA Today, BusinessWeek, Forbes, FOX News (The O’Reilly Factor), National Public Radio, Inc., National Lawyers Weekly, PC World, Computerworld, CIO, TechCrunch, Washington Times, San Francisco Chronicle and InformationWeek. He serves as counsel to the Consulate of Mexico, Michigan/Northern Ohio.

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

Read the rest of Richard’s outstanding and very informative analysis at the link.

It’s critical that Immigration Judges and the BIA take an active role in “encouraging and motivating” parties to maximize the use of PD. One possible tool is proactively closing certain types of cases without waiting for motions.

For example, the modest step of granting TPS to Cameroonians in the U.S. (https://immigrationcourtside.com/2022/04/16/%f0%9f%97%bdbiden-administration-grants-tps-to-cameroonians-a-modest-step-forward-it-also-illustrates-the-horrible-illegality-immorality-of-the-biden-administrations-co) and the just announced TPS for Ukrainians (https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/tps-for-ukraine-advance-copy) offers EOIR an opportunity to simply close these non-detained cases (except ones with pending criminal charges) without waiting for the parties.  

Either party that wants the case back on the docket can, of course, make a motion to redocket. Based on my experience with several past similar programs at the BIA, I anticipate that such motions would be relatively rare. Moreover, I would be reluctant to “redocket” a case without a joint agreement from the parties that it will be resolved in a “short hearing,” or a compelling reason to proceed in Immigration Court (e.g., the respondent failed to apply, committed a crime, or was denied TPS).

It’s going to take teamwork, cooperation, and creative thinking among the parties and the courts to get dockets back in shape so that Immigration Judges can do their jobs in something “approaching real time.” 

PD could be the key to success; or, it could become just another in the long line of things that looked good on paper but never achieved full potential. Time, and the efforts of all parties concerned to solve the problem in the most constructive and practical ways possible, will tell.

🇺🇸Due Process Forever!!

PWS

04-18-22

🗽BIDEN ADMINISTRATION GRANTS TPS TO CAMEROONIANS — A Modest Step Forward! — It Also Illustrates The Horrible Illegality & Immorality Of The Biden Administration’s Continuing Use Of “Title 42” Against Non-White Refugees At Our Border!🏴‍☠️☠️🤮👎🏽

 

https://www.dhs.gov/news/2022/04/15/secretary-mayorkas-designates-cameroon-temporary-protected-status-18-months

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

Release Date: April 15, 2022

WASHINGTON— Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.

“The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary Alejandro N. Mayorkas. “Cameroonian nationals currently residing in the U.S. who cannot safely return due to the extreme violence perpetrated by government forces and armed separatists, and a rise in attacks led by Boko Haram, will be able to remain and work in the United States until conditions in their home country improve.”

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely. The conditions result from the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a humanitarian crisis. Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.

This marks the first time the Secretary of DHS will permit qualifying nationals of Cameroon to remain temporarily in the United States pursuant to a TPS designation of that country. Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022 will not be eligible for TPS. Cameroon’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

###

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

According to TRAC, there were 3,191 pending Cameroonian cases in Immigration Court as of March 22, 2022. https://trac.syr.edu/phptools/immigration/court_backlog/. On the basis of my experience, I would guess that most of these are in the mid-Atlantic region. 

Cameroonian asylum cases were a “staple” in Arlington over my 13 years on the bench ending on June 30, 2016. For example, in FY 2012, they were approximately 9% of my asylum docket, although that number dwindled between then and my retirement.

According to EOIR’s first quarter FY 2022 stats, the asylum grant rate for Cameroon is about 60%, and the denial rate is only 6%. https://www.justice.gov/eoir/page/file/1107366/download

The other 1/3 of cases are disposed of in “other” ways. This indicates that with TPS as a tool, almost all of the pending Cameroonian cases at EOIR could be resolved in short order without diminishing anyone’s rights.

That’s a “drop in the bucket” on a 1.8 million case backlog. But, it does suggest that better docket management tools, ones that comply with due process, are available to Immigration Judges and could be built upon for the future with more visionary and due-process-focused leadership at EOIR and DOJ.

Sadly, this profile also confirms that the Biden Administration’s illegal use of Title 42 to return Cameroonians to harm’s way without an opportunity to apply for asylum has been exactly the race-based, grotesque violation of asylum laws, human rights, and human dignity that critics have asserted.

It also graphically demonstrates why real Democrats, core progressive supporters who put Biden and company in office, must aggressively stand up against the disgraceful agitation by a minority of Dem legislators and uninformed, amoral politicos within the Administration to retain the already totally unjustifiable Title 42 blockade!

Continuing violation of domestic and international law through use of Title 42 is NOT, I repeat NOT, an option! Yes, the Administration needs to get a plan in place for an orderly restoration of asylum processing for Cameroonians, Haitians, Latin Americans, Ukrainians, Russians, Afghans, and all  other nationalities at our Southern Border. 

Fair, humane, advance processing of those seeking asylum at the border NOW is the essential key to avoiding a mess on May 23. Pumping credibility, efficiency, humanity, and proper generosity into the asylum system at the border NOW will reduce the chances of an “immediate backlog” come May 23. 

More importantly, showing that our laws can work in a fair, humane, and efficient way will encourage individuals seeking asylum to come to legal ports of entry to apply, rather than seeking more dangerous and difficult irregular entry that does not hold out the same prospects for rapidly obtaining legal status. Why wouldn’t legitimate asylum seekers present themselves at legal ports of entry if we had a fair, functioning, transparent system for processing them? 

By eliminating the need and reducing  the motivation for legal asylum seekers to attempt irregular entries to obtain refuge, the traffic between ports of entry should be reduced even though of course not eliminated. And the “expedited removal” procedures available under current law to CBP for those apprehended without credible asylum claims while attempting unauthorized entires are perfectly adequate to quickly process removals of those with no legal claim to be here!   

Assuming that all or most asylum seekers will attempt unauthorized entries between legal ports will become a dangerous “self-fulfilling prophecy.” Yet, to the extent that the Biden Administration has a plan, it appears to be driven by the misguided notion that all the “action” will be at unauthorized crossing points. See, e.g., https://immigrationimpact.com/2022/04/12/what-is-bidens-plan-to-end-title-42/ (a sad commentary on wobbly, uninformed, unprincipled, pedestrian, un-creative thinking about an important solvable problem if I’ve ever seen one). 

That’s only going to happen if the Administration continues to ignore the pressing need for immediate steps to establish the credibility of the asylum system at ports of entry. 

The Administration went to considerable trouble to establish a “new” regulatory framework for processing asylum claims at the border (which becomes effective on May 28). I was one of those who pointed out serious flaws in the new system adopted. 

One of the main defects is that for integrity, legal guidance, and effective supervision it heavily relies on Garland’s dysfunctional, hopelessly backlogged, and still anti-asylum-tilted Immigration Courts, at least where some of the common types of asylum applications at the border, like those from Northern Triangle countries, are concerned. These “courts that aren’t really courts” have shown a disturbing lack of asylum expertise and little effective commitment to a fair and practical application of asylum laws nationwide. It’s basically still a “denial factory” — just as Sessions and Barr staffed and manipulated it to be. That has spelled disaster in the past and will continue to do so in the future unless it can be “sidestepped” by granting more cases at the border without calling on these “courts.”

There’s where the “new system” has potential to work! One key advantage of the “new system” that many of us applauded is the potential for the USCIS Asylum Office expeditiously to grant many more claims at or near the border, thus entirely avoiding the broken Immigration Courts, prolonged detention, and releasing individuals to the interior without status. 

As asylees, refugees can be admitted in a legal, work-authorized status right off the bat. Not only does that eliminate the never-ending debate about appearing for later Immigration Court hearings, but it also helps the economy and resettlement by putting individuals anxious to support themselves and their families directly into the workforce at a time when we need workers in many segments of the economy! It also avoids the current wildly inconsistent, unprincipled, and often defective asylum adjudication that now plagues Garland’s Immigration Courts, particularly in border areas and detention centers.

But, success isn’t going to happen by “magical thinking,”  operating in “Stephen Miller’s world,” repeating platitudes about border crises, and reviving the past mistakes of “enforcement/deterrence only regimes.” I call BS! A “border crisis” is what happened in Poland! We’re not even remotely close to that!

It requires the Biden Administration to get the lead out, shut down the “naysayers,” work with NGOs, and get the expertise and manpower in place NOW at ports of entry and in Mexico to achieve success on May 23! But, continuing the illegal Title 42 charade/blockade is not an option that is on the table!

🇺🇸Due Process Forever!

PWS

04-16-22

MORE ON IMMIGRATION & THE ECONOMY: LINDA CHAVEZ JOINS C. RAMPELL IN TOUTING ASYLUM AND REFUGEE ADMISSIONS AT THE BORDER AS A TERRIFIC OPPORTUNITY FOR BIDEN ADMINISTRATION & THE DEMS TO “STEP UP,” REINSTITUTE THE RULE OF LAW, IMPROVE THE ECONOMY, FULFILL PROMISES, AND SHOW HOW IMMIGRATION “WORKS” FOR AMERICA!

Dan Kowalski @ LexisNexis reports:

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/linda-chavez-more-immigration-less-inflation

Daniel M. Kowalski
15 Apr 2022
immigration
chavez
inflation

Linda Chavez
Linda Chavez

Linda Chavez: More Immigration, Less Inflation

Linda Chavez, Apr. 14, 2022
“… [A]dmitting asylees and giving them work authorizations, as well as allowing in more Ukrainian and Afghan refugees, could alleviate some of the country’s labor shortage. The Department of Labor reported last month that there were 11.3 million job openings in February, a number that has remained at historic highs for months. We should be opening our doors wider so that those seeking refuge in the United States can come here and help fill those jobs. …”

“Linda Chavez is a senior fellow at the National Immigration Forum. Chavez is the author of “Out of the Barrio: Toward a New Politics of Hispanic Assimilation“, which the Denver Post described as a book that “should explode the stereotypes about Hispanics that have clouded the minds of patronizing liberals and xenophobic conservatives alike”, as well as her memoir  “An Unlikely Conservative: The Transformation of an Ex-Liberal”. In 2000, Chavez was honored by the Library of Congress as a “Living Legend” for her contributions to America’s cultural and historical legacy.
Chavez has held a number of appointed positions, among them Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and she was a member of the Administrative Conference of the United States (1984-1986).  Chavez was the Republican nominee for U.S. Senator from Maryland in 1986.  In 1992, she was elected by the United Nations’ Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez was also editor of the prize-winning quarterly journal American Educator (1977-1983), published by the American Federation of Teachers, where she also served as assistant to AFT president Al Shanker (1982-1983) and assistant director of legislation (1975-1977).
Chavez serves on the Board of Directors of ABM Industries, Inc. a Fortune 500 company, as well as on boards of several non-profit organizations.
Chavez was born in Albuquerque, NM, on June 17, 1947, received a Bachelor of Arts degree in English Literature from the University of Colorado in 1970 and a Master of Fine Arts in Creative Writing from George Mason University in 2012.  She currently resides in Silver Spring, MD.”

*************************
Come on, Biden Administration (and so-called “moderate Dems”), get with the program! Repeating “sanitized versions of Stephen Miller talking points” isn’t going to get you a single vote from Trump’s GOP, which is most of the party now. They have the xenophobic vote locked up.

But, in addition to energizing your real supporters and activists in the Dem base, making border policy work by smoothing the admission of qualified asylum seekers and refugees from all countries (not just “White guys”) might have some “crossover appeal” to at least a few conservatives who value economic vibrancy, are willing to acknowledge they their ancestors were once immigrants, and are somewhat turned off by the overt racism, chronic resentment, and insurrectionist, anti-American nonsense that has become part of the GOP “party line.”

And, showing that Government can actually solve problems without breaking the bank and improve the economy in the process might give some boost to standing among independents and centrists who thought that they were getting competence and leadership in return for voting out Trump’s incompetent Clown Show.

🇺🇸Due Process Forever!

PWS
04-15-22

IMMIGRATION & THE ECONOMY:  RAMPELL RIPS MAGAMORON ABBOTT — Latest Racist Stunt Adds To Nation’s Economic Woes!🤮

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2022/04/14/greg-abbott-border-inspection-policy-hurt-texas-own-voters/

. . . .

Or maybe Abbott, like many other Republican politicians, simply thinks his voters are stupid.

He might presume that angry voters will see backlogged traffic, empty store shelves and struggling businesses and blame President Biden, even though this latest contribution to supply-chain woes comes courtesy of Abbott’s own policies. If that sounds far-fetched, recall that Abbott and other Republicans have tried to blame Biden for mounting covid infections and deaths, even as these same politicians have deliberately sown distrust in vaccines and undermined or outright barred efforts to increase vaccination and other covid-prevention measures.

If Abbott’s border policy is motivated by the last of these possible explanations — if he’s assuming Texans are too dense to figure out causality here — let’s hope voters will be motivated to prove him wrong.

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

Read Catherine’s full article at the link.

As Catherine points out, Texas voters have a golden opportunity to show their “clown prince” 🤡  the door this fall. But, I wouldn’t count on it.

Meanwhile Abbott claims to have negotiated “security agreements” with several Mexican Governors thereby “allowing” him to “relax” his unneeded blockade. Exactly what this grandstanding means is opaque. Trucks entering the U.S. are ready checked for drugs and migrants by CBP at the border. Somehow, I doubt that Mexican authorities are going to do a better job than CBP.

Of course, the best way to deal with Abbott’s stunts is for the Biden Administration and NGOs to work together to encourage asylum seekers to present themselves in an orderly manner at legal ports of entry once the “Title 42 Blockade” is lifted. Indeed, as I’ve perviously suggested, there should be a system in place NOW to “prescreen” asylum applications in Mexico and to parole as many as possible of those whose claims pass credible fear and who can be resettled away from the border areas in advance of May 23. That would avoid long lines and confusion.

New regulations that would allow Asylum Officers to outright grant well-documented asylum cases go into effect on May 28. Surely, somebody out there in the “world of rational thinkers and doers” should be able to “leverage” this opportunity to cut through the BS and finalize grants of deserving cases without more bureaucratic red tape. Plan to show that that the new system can work. Start building the necessary credibility and confidence in orderly legal processing among asylum seekers now, rather than hoping that they all die or go away before May 23. They won’t. 

That’s just an “expanded version” of what’s already happening for Ukrainian asylum seekers at the border. But, unfortunately, I haven’t seen much hard evidence that either the Administration or the NGOs are planning for “achievable success” rather than “finger pointing failure” on May 23. The real victims here are, as usual, the migrants whose humanity and rights are routinely ignored in the politicization of the border.  

Let’s look at what has happened with another Abbott stunt mentioned by Catherine:  “Bussing” asylum seekers from the border to downtown DC and dropping them near the headquarters of Fox News, NBC News and C-SPAN. Obviously, Abbott anticipated a “Fox photo op” of bewildered folks wandering the streets, causing traffic jams, and sparking anti-immigrant protests and overreaction by local Dem officials.

But, thanks to local NGOs, the opposite has happened. Volunteers have met the arriving busses, helping those bound for other areas to make the right transportation connections and directing those bound for the DMV area to the appropriate local organizations who can assist them in orderly resettlement. 

Most of the migrants who volunteered for the busses expressed gratitude for the free transport. Few appeared to know that they were intended to be part of “Nativist Political Theater.” Both CBP and local NGOs at the Texas border worked to facilitate those seeking transportation to use the busses. 

Evidently inadvertently, in this case Abbott’s publicity stunt appears to have “morphed” into a good example of how cooperation among Federal and state authorities, NGOs in different areas, and migrants themselves can work to facilitate orderly processing of migrants once they are in the U.S. 

Who knows if this initial success will be temporary or long term. If the latter, it will be interesting to see if Abbott will continue to fund efforts to make the immigration system work rather than to showcase its anticipated failures. But, in any event, this should be a practical example for the Biden Administration of how public-private partnerships, teamwork, and cooperation can work even across party and ideological lines.

Unfortunately, to date, the Biden Administration’s wobbly approach to immigration and human rights has failed to capitalize on almost every opportunity to show the benefits of an orderly, legally compliant, and humane immigration policy. 

Will they finally get this one right? Or, as Catherine has suggested before, will this just be another in a too long line of Biden’s missed opportunities to show that the rule of law and legal immigration work for America?

🇺🇸Due Process Forever!

PWS

04-15-22

UPDATE:

RAMPELL “DUNKS” ON ABBOTT AS TEX GOV FORCED TO RESCIND IDIOTIC STUNT ORDER!

https://www.latimes.com/world-nation/story/2022-04-15/texas-repeals-immigration-order-that-caused-border-gridlock

The American Trucking Assn. called the inspections “wholly flawed, redundant and adding considerable weight on an already strained supply chain.”

This stunt, not surprisingly, turned up neither a single smuggled individual nor any drugs. They did turn up some safety violations, actually the only thing Texas officials were legally empowered to inspect for. But, safety problems have been around forever, and Abbott hasn’t given them a second thought as he misallocates state resources on a grotesque scale. See, the bogus “Operation Lone Star.”

The best way to deter human smugglers is to reopen ports of entry to asylum seekers and grant the many worthy applications out there, thereby ending years of manipulating asylum law to deny protection to legally qualified refugees.

While there of course will always be pressure on the border, the many individuals who seek only a fair chance to present their legal claims for asylum through our legal system will no longer be forced to use smugglers to gain “black market” refuge just because the Government has shirked their legal responsibilities!

That ought to make the border safer and CBP’s job at least somewhat easier.

It all depends on whether the border asylum system is credible. So far, no Administration has succeeded in pulling that off.

All have employed various degrees of bias and inhumane detention to “hold down” the number of asylum grants at the border. A legitimate legal asylum system at the border is possible, particularly if accompanied by a robust refugee program beyond the border. But, possible doesn’t mean probable!

DPF!

PWS

04-15-22