⚖️ THE GIBSON REPORT — 11-07-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — HEADLINERS: Analysts Agree: Immigrants Are “Political Toast” Regardless of Midterms’ Outcome — Neither Party Sees Legal Immigration, Human Rights, Rule of Law, Racial Justice As “Electoral Winners!” — Garland’s DOJ “On A Roll” In Courts Of Appeal, Snuffing Asylum Claims in 2d (2x), 3rd, 8th, & 9th Circuits!

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

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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)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

NEWS

 

Analysts Don’t Expect Significant Changes in Immigration Policy After the Midterms

VOA: The three analysts said that no one is willing to form a framework to write immigration legislation because they do not see an electoral advantage. See also Democrats Twist and Turn on Immigration as Republicans Attack in Waves; Canada plans record immigration targets amid labour crunch.

 

Attention Travelers: New Rules Will Require More Caution When Entering USA

Forbes: Evidently, USCBP is eliminating the passport entry stamp to streamline the entry process. So now, foreign nationals will only have access to the Form I-94 website as proof of their lawful immigration status.

 

Abrupt New Border Expulsions Split Venezuelan Families

NYT: The decision to expel Venezuelans under a pandemic-era policy that allows swift expulsions, previously applied mainly to Mexicans and Central Americans, has had the unintended effect of trapping many Venezuelan families on opposite sides of the U.S.-Mexico border. See also Tougher US Asylum Laws Trigger Drop in Venezuelan Migrants Traveling Through Panama; Migrants Encounter ‘Chaos and Confusion’ in New York Immigration Courts; Nearly 500 Venezuelans admitted to U.S., thousands approved via new plan.

Accounts of migrants’ documents being confiscated by border officials prompt federal review

CBS: The department confirmed the review when asked to respond to accounts from migrants who told “60 Minutes” that U.S. Customs and Border Protection (CBP) officials along the U.S.-Mexico border kept their documents, despite agency policy instructing agents to return migrants’ personal property unless they are fraudulent.

 

130+ Civil Rights Groups Call On President Biden To Include Immigrants In Pardon Process

NIJC: More than 130 immigration, criminal justice, and civil rights organizations released a letter today urging the Biden administration to include immigrants in the pardon process.

 

Over 100 Orgs Want Visits For Detained Immigrants Restored

Law360: More than 100 immigrant rights organizations are urging the Biden administration to fully reinstate visitation at immigration detention facilities, saying in a Thursday letter that visitation is crucial for detainees’ mental health and monitoring human rights violations.

 

ACLU condemns Texas Border Patrol agents’ use of pepper balls against protesting migrants

SA Current: The ACLU is condemning the actions of U.S. Customs and Border Protection agents allegedly caught on video firing pepper balls at a group of Venezuelan migrants protesting along the banks of the Rio Grande River near El Paso.

 

LITIGATION & AGENCY UPDATES

 

2nd Circ. Won’t Review Honduran Man, Son’s Asylum Request

Law360: The Second Circuit on Wednesday declined to review a decision denying an asylum application from a Honduran man and his son who claim they will be killed by gang members if they return home, finding the Board of Immigration Appeals properly reviewed the immigration judge’s decision.

 

2nd Circ. Won’t Revive Ecuadorian’s Asylum Bid

Law360: The Second Circuit on Tuesday backed the U.S. Board of Immigration Appeal’s decision to apply a persecution motive standard used in asylum requests to an Ecuadorian’s withholding of removal request, saying it was reasonable for the agency to do so.

 

3rd Circ. Nixes Asylum Over Evangelical Christianity Link

Law360: The Third Circuit on Tuesday knocked down a Guatemalan man’s asylum bid after concluding he failed to back up his fears of violence in the Central American nation based on gang recruitment efforts and his rejection of gangs due to his evangelical Christian faith.

 

8th Circ. Denies Family’s Asylum Bid Over Gang Fears

Law360: The Eighth Circuit has upheld a Board of Immigration Appeals ruling that denied a family asylum based on alleged gang threats for lack of evidence that the government of El Salvador could not or would not protect them.

 

9th Circ. Upholds Ruling Denying Bisexual Man Asylum

Law360: A Mexican citizen who said police and criminal gangs would torture him for being bisexual and suffering from mental illness if he is deported a third time

 

9th Circ. Backs Juvenile Immigrant Adjudication Deadline

Law360: The Ninth Circuit on Thursday backed an order requiring U.S. Citizenship and Immigration Services to adjudicate Special Immigrant Juvenile petitions within 180 days, rejecting the government’s argument that a lower court relied on “stale evidence” and disregarded hardship considerations.

 

States Cry Foul Over Steep Drop In Title 42 Haitian Expulsions

Law360: Republican state attorneys general accused the Biden administration of violating an injunction requiring it to repel migrants from the border under pandemic-era restrictions, saying a sharp drop in Haitian expulsions indicated the administration was selectively lifting the so-called Title 42 border block.

 

DHS Begins Limited Implementation of DACA Final Rule

AILA: On 10/31/22, DHS began limited implementation of the DACA final rule. USCIS will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to litigation, USCIS will accept but cannot process initial DACA requests.

 

EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B

AILA: EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 12/5/22. (87 FR 66326, 11/3/22)

 

EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31A

AILA: EOIR 30-day notice-and-comment period for proposed revisions to Form EOIR-31A, which allows an organization to seek accreditation or renewal of accreditation of a non-attorney representative to appear before EOIR and/or DHS. Comments are due by 12/5/22.

 

CIS Ombudsman Introduces Revised Form for Requesting Case Assistance

AILA: The CIS Ombudsman’s Office updated the DHS Form 7001, Request for Case Assistance, used for requesting case assistance.

 

RESOURCES

 

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. If you receive an error, make sure you click request access.

 

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

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Supposedly, the main political issues right now are the economy and inflation. But, the economy and inflation are largely determined by the Fed, markets, global conditions, weather, and a certain amount of pure luck — all things beyond the direct control of the political branches of the USG.  

As mentioned by Chuck Todd on last Sunday’s NBC “Meet the Press,” many experts say that the most effective tool that the Administration and Congress have to improve the economy without triggering a recession is to increase legal immigration — sooner rather than later. But, neither party is interested. The GOP sees an anti-immigrant stance as a key to political success. And, the Dems are “actively disinterested” in the issue. So, the opportunity passes.

But, the reality is that, in the long run, no amount of shipping containers, walls, prisons, family separations, deportations, exclusions to death or despair, hate rhetoric, or restrictive legal roadblocks will halt the future flow of human migration, and not incidentally, the internal relocation in America as certain areas become “unlivable.” 

According to a government report published in today’s Washington Post:

 The U.S. can expect more forced migration and displacement

Already, the authors of Monday’s report said, major storms such as Hurricane Maria, as well as extended droughts that strained lives and livelihoods, have led people to leave their homes in search of more-stable places.

In the hotter world that lies ahead, they write, additional climate impacts — along with other factors such as the housing market, job trends and pandemics — are expected to increasingly influence migration patterns.

“More severe wildfires in California, sea level rise in Florida, and more frequent flooding in Texas are expected to displace millions of people, while climate-driven economic changes abroad continue to increase the rate of emigration to the United States,” the report finds.

Such shifts are inherently complicated and fraught.

Several Indigenous tribes in coastal regions, facing fast-rising seas, have already sought government help to relocate, but have struggled to do so without significant hurdles.

“Forced migrations and displacements disrupt social networks, decrease housing security, and exacerbate grief, anxiety and mental health outcomes,” the authors write.

https://www.washingtonpost.com/climate-environment/2022/11/07/cop27-climate-change-report-us/

Neither political party appears serious about addressing these migration realities — already underway. The ideas that we can wall ourselves off, invest in “sending countries,” detain, and deport our way out of migration are not  “solutions.”  

Failure to act boldly and expansively on legal immigration will create a huge class of exploitable, disenfranchised, extralegal residents and plenty of work for border agents, internal police, righty judges, and jailers. It will also be a huge boon to smugglers and cartels who basically will “own” the American migration franchise. But, in the long run, building a large “underground humanity” won’t be enough to offset the “downside” of lacking a robust, realistic, orderly, legal immigration process.

Eventually, those nation-states that figure out how to harness, welcome, and distribute the power of human migration will rule the future. Right now, America’s leaders, of both parties, seem wedded to a “sure to fail” approach of either opposing or ignoring the realities and unlimited potential of human migration. Too bad — for all of us!

🇺🇸 Due Process Forever!

PWS

11-08-22

CATHERINE @ WASHPOST “GETS IT!” — Why Are The Biden Administration & Some Dem Pols “Running Scared” From What Should Be A Big Win? — Many Of The Legal,Workers We Need Are Patiently Waiting @ The Border For Processing & Legal Admission — Dems Need To Stop “Shaking In Their Boots” & Start “Shaking Their Tails” To “Pre-Process” Refugees For An Orderly Restoration Of The Rule Of Law On May 23!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2022/04/11/democrats-missing-real-immigration-threat-workers-economy/

Opinion: Democrats are missing the bigger immigration issue

By Catherine Rampell

Democrats are terrified that a coming border surge might tank their midterm chances.

But they have largely ignored a much more serious immigration-related political risk. The problem in the months ahead isn’t that the United States will allow in too many immigrants; it’s that we’ll admit too few, particularly the kinds of workers who can fill critical labor-market shortages.

The Biden administration recently announced it would soon end Title 42, a Trump-era border-control policy. Citing the public health emergency when it invoked the policy in March 2020, the Trump team used the pandemic as a pretext to expel all arriving migrants without first allowing them to apply for asylum, as they have a legal right to do. Public health experts and immigration advocates — and many elected Democrats — have long condemned the policy, which has been used to carry out more than 1.7 million migrant expulsions.

President Biden’s own appointees have called the policy illegal and inhumane, with multiple high-level officials blasting it when they resigned. But Biden delayed reversing Title 42, fearing bad optics and attacks from Fox News. (Which arguably was going to attack him as an “open borders” president regardless.)

As expected, right-wingers are now catastrophizing about the looming “Armageddon” that will follow Title 42′s unwinding.

As a result, some worried Democrats are demanding that Biden keep this (likely illegal) policy in place. They have been so fixated on bad-faith right-wing attacks that they have missed the bigger, and much more serious, immigration-related liability: the millions of immigrants whose absence from the U.S. workforce is putting upward pressure on inflation.

Which Democrats are being blamed for, and which voters appear to care much more about.

The United States is experiencing inflationary levels not seen in four decades. Americans are unhappy, and they are more than five times as likely to cite “inflation,” “cost of living” or the economy in general than immigration as the nation’s biggest problem. These economic concerns are, however, rooted at least partly in immigration policy.

Worker shortages are pervasive, with vacancies hovering around record highs. The resulting disruptions to supply chains and normal business operations have raised costs for companies and consumers. Some of thesemissingworkers retired; some dropped out of the labor force because of care issues or illness. But a huge chunk were foreign-born workers who either never arrived in the United States in recent years or who were already here but have been forced out of their jobs because of government incompetence.

There are about 1.8 million fewer working-age immigrants in the United States today than would be the case if pre-2020 immigration trends had continued unchanged, economic researchers Giovanni Peri and Reem Zaiour estimate. Unsurprisingly, they also find that industries that had a higher percentage of foreign workers in 2019 — such as hospitality and food services — tend to have higher rates of unfilled jobs now.

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These immigrants, legal and otherwise, are “missing” because of a combination of Trump policies, covid-19 (which the Trump administration cited to justify imposing even more immigration restrictions) and Biden’s foot-dragging.

Although Biden pledged more humane and efficient immigration policies when he ran for president, he has been slow to reverse many of President Donald Trump’s onerous paperwork requirements and other policies designed to reduce legal immigration. Biden’s sluggishness owes partly to the magnitude of the challenge of rebuilding the U.S. immigration infrastructure — and partly to that deep Democratic fear of how Fox News et al. might portray any efforts to help immigrants.

As a result, last year, the United States experienced the lowest levels of new international migration in decades, census data shows.

. . . .

A border surge is infinitely more telegenic and attack-ad-friendly than backlogged paperwork. But the missing immigrant workforce is what more directly affects voters’ pocketbooks — and, by extension, Democrats’ political fortunes.

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

Read Catherine’s complete article at the link!

There is no need for a self-created “border surge” on May 23! We have a potentially quite efficient asylum screening and adjudication process in our existing law. If it were properly staffed and run, with competent legal and judicial  oversight, asylum seekers would use it — even if “success” is far from guaranteed. 

Experience has shown that asylum seekers in the U.S. who are represented, and therefore understand the system and their obligations, faithfully appear for hearings nearly 100% of the time, even when they appear likely to lose. Just because we as a nation have lost faith in our ability to operate under the the rule of law doesn’t mean that asylum seekers have! Obviously folks who have “hung around” in Mexico, in life-threatening conditions, for months or years, believing in a false promise of future fair and humane treatment by the U.S. aren’t as easily persuaded that our legal system is a sham as are our own politicos, bureaucrats, and pundits.

Sure, folks without asylum claims and those who don’t trust the system will continue to attempt unauthorized entry — particularly if the legal system lacks credibility, thus allowing smugglers to convince migrants to evade it.

But, with a robust asylum system functioning at ports of entry, CBP won’t be diverted by squandering resources “apprehending” (a serious misnomer) individuals who want nothing more than a fair and timely chance to present their asylum claims. CBP can concentrate their resources on those who truly intend to evade the legal system.

Even without the bogus Title 42, the law provides more than adequate tools for dealing with unauthorized entry. Those without documents are subject to “summary removal” by CBP Agents. Those subject to summary removal who claim asylum can be promptly screened for “credible fear” by trained USCIS Asylum Officers. Those who “flunk” credible fear are summarily removed under the existing order. Those who “pass” can be funneled into the legal asylum system and processed accordingly.

If you are a believer in “deterrence theory” for migrants who don’t have credible asylum claims, then the “expedited summary removal process” provides just that. No need to illegally invoke Title 42!

If the Obama, Trump, and now Biden Administrations had spent time and resources training Asylum Officers and reforming the Immigration Courts, instead of screwing around with futile (sometimes illegal) “enforcement only” gimmicks, idiotic walls, inhumane, expensive detention, inane messaging, and deterrence, there wouldn’t be largely manufactured “border emergencies.” Just a variety of fairly predictable “humanitarian situations” and opportunities to show how the rule of law works in a functioning democracy.

For example, the much feared and ballyhooed “caravan” that had Trump scared out of his (already limited) wits moved in “slow motion” to the border. A competent Administration could have processed them fairly, humanely, and timely upon arrival or shortly thereafter. Indeed, a competent Administration probably would have worked with the Mexican authorities and the UNHCR to have processed members of  those “caravans” for refugee status, in an orderly manner, at a point in Mexico well-removed from our border!

If, after truly fair, humane, and timely processing at ports of entry few qualified (I deem this unlikely under a truly fair and  competent system, but perhaps possible, who really knows, since we have been “chicken” to fairly adjudicate asylum claims from Latin American and the Caribbean for many years), then there’s your “legal deterrent” (for those who believe in deterrents) to those who might seek to come in the future.

“Caravans” don’t cross the border irregularly unless legal ports or entry are closed or de facto unvailable to them. Even then, most asylum seekers in caravans would prefer to wait for legal processing if it were available in a predictable, orderly, humane, fair, and timely manner. The Trump kakistocracy’s decision NOT to follow asylum laws and procedures at ports of entry actually caused unnecessary chaos, created danger, and provoked and encouraged unauthorized entries. The Biden Administration has, unfathomably, followed in Trump’s footsteps!

The “missing piece” for decades, across Administrations of both parties, has been a robust, realistic, well-staffed “outside the US” refugee processing system for Latin America and the Caribbean. If we REALLY don’t want folks “trying their luck” on asylum at the border, then give them honest and prompt answers to their refugee claims in or nearer to the countries in conflict they are fleeing.

The current law is by no means perfect. But, it’s a whole lot better than the politicos and bureaucrats who, for most of the past four decades, have failed to take straightforward, achievable steps to “make it work.” Refugee admissions overseas, and asylum admissions in the U.S. and at our borders, are a key element of our legal immigration system. It’s time to stop pretending otherwise!

And, as Catherine cogently points out, rapidly approving work authorizations and all types of applications for legal immigration under existing law also should have been “low hanging fruit” for the Biden Administration. A group of summer college students could have been trained in short order to wipe out the backlog of Employment Authorization Documents (“EADs”) during the summer of 2021. 

Even now, with just a little initiative, creativity, and energy, USCIS could hire and train summer employees to handle many routine and repetitive “adjudications.” All “adjudications” are NOT equal! EAD backlogs, intentionally created by the Trump kakistocracy, are totally unnecessary and inexcusable under Biden. 

How many retired Asylum Officers, USCIS Adjudicators with asylum experience, retired Immigration Judges, retired BIA staff attorneys, and retired Congressional immigration staffers has USCIS “rehired” during the past year to prepare for the reopening of the border?  If they haven’t, why not? It’s not too late to get more qualified individuals on board temporarily and give them to tools they need to fairly and timely process credible fear cases. 

How many agreements has USCIS entered with NGOs to prescreen, organize into orderly lists, and, where necessary, represent individuals now waiting at or near the Southern Border. If not, why not get some of those agreements into effect on an “expedited” basis by next Monday?

In Government, everything seems to be a candidate for bogus “expedited treatment” EXCEPT common sense, readily available measures that actually solve problems! Why is that? What’s an Administration that got elected by claiming “Government can work” going to do to prove that before May 23! Stop “making excuses for failure” and start solving problems!

It’s not rocket science! Dems must stop “hand wringing” about what they didn’t do in the last year and start making the system work under current conditions. That’s what “good government” is supposed to do! 

Poland, a country of fewer than 40 million about the size of a large U.S. state, was able to handle 4-5 million Ukrainian refugees in a matter of weeks. Meanwhile the US is “paralyzed” by the idea that 60,000 might apply with more than a month of lead time to prepare, and an established, if now suspended, legal framework to use. Not to mention that Biden had more than a year’s “advance notice” that the asylum system would need rebuilding and rejuvenation at the Souther border. Gimmie a break! The Biden Administration was put in office largely to “make Government work” — not to mindlessly repeat GOP White Nationalist “woe is me” talking points!

On a smaller scale, religious organizations and voluntary agencies mobilized and organized almost overnight to assist the U.S. Government in processing Ukrainian refugees at the border. Why couldn’t those efforts be expanded and replicated for the largely non-White refugee hopefuls currently waiting? Why create an “emergency” that needn’t be? Why not put more time, effort, and creativity into ACHIEVING success, rather than thinking of excuses for anticipated failure or shifting blame to the “victims?”

Honestly, as the late, great political pundit
Casey Stengel
 would have said, “can’t anyone here play this game?”

Casey Stengel
“Time and time again, the Biden Administration’s inept and unprincipled approach to immigration and human rights leaves this guy scratching his head.”
PHOTO: Rudi Reit
Creative Commons

Also, Catherine Rampell understands the complex issues of immigration better than any “top level” official in the Biden Administration that I’m aware of. If they aren’t going to hire her, they should at least heed her advice. It’s free, accessible, clearly and succinctly written, and almost always “spot on!”

🇺🇸Due Process Forever!

PWS

04-14-22

🇺🇸AMERICA NEEDS MORE LEGAL IMMIGRATION, NOT MORE WALLS & JAILS! — Rampell Gets It Right @ WashPost!

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2021/07/15/worried-about-illegal-immigration-create-more-legal-immigrants/

If Republicans are truly worried about the supposed scourge of undocumented immigrants, they should start building that “big, beautiful door” on our borders that Donald Trump always talked about.

The solution to concerns about “illegal immigration” is creating more legal pathways to immigrate here.

Immigration reform has stalled for decades, despite widespread agreement that the existing system is broken, and occasional bipartisan attempts to fix it. The latest sweeping reform bill, backed by President Biden, has gone nowhere, unlikely to secure enough Republican votes to avoid a filibuster.

So now Senate Democrats are attempting a workaround. They’ve signaled that they’ll include a narrow subset of immigration issues in their forthcoming reconciliation bill, which could be passed with only Democratic votes.

Exact details are still being hashed out, but the bill is expected to contain a pathway to citizenship for certain categories of undocumented immigrants, including “dreamers” (unauthorized immigrants who came to the United States as children), those with temporary protected status (people from countries facing emergencies such as armed conflict or natural disaster), essential workers and farm laborers.

A majority of both Democratic and Republican voters support earned legalization of these groups, according to recent polls.

This legislative strategy is by no means a slam-dunk. Moderate Democratic lawmakers need to get on board, since passing the bill through the reconciliation process would require all 50 Senate Democrats’ votes. The biggest wild card, Sen. Joe Manchin III (D-W.Va.), has already indicated his support, which seems promising.

The bigger hurdle involves legislative rules: The Senate parliamentarian must determine that these immigration measures are sufficiently budget-related to include in the reconciliation process. Legalizing millions of undocumented migrants would have some effect on federal budgets — for example, through more immigration application fees and taxes on legalized immigrants’ earnings. Activists also point to a 2005 reconciliation bill that included different immigration-related provisions. Even so, the parliamentarian may nix these particular measures.

None of this has stopped Republicans from preemptive scaremongering about the “illegal alien” hordes supposedly rushing our “open borders” to seize their “amnesty.”

“Democrats are trying to sneak mass amnesty for millions of illegal immigrants through Congress under the cover of their budget scheme,” warned Rep. Steve Scalise (R-La.).

“The Democrats want to include a massive amnesty in that legislation,” echoed his colleague Sen. Tom Cotton (R-Ark.). “That will simply act as a bigger magnet for more illegal immigration into this country.”

This is nonsense. First and foremost, the population eligible for legalization would likely be restricted to people who’ve already been here for some minimum period of time, rather than those contemplating coming, say, tomorrow. This is how that broader, Biden-backed bill works, and how previous legalization proposals have been structured.

More importantly, though, if these restrictionists are really so concerned about all the immigrants slipping in through the back door, the best solution is a more accessible, clearly monitored front door.

. . . .

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

Well and clearly said, Catherine! You can read her complete op-Ed at the above link. 

The solution to border “surges” has little or nothing to do with walls, jails, and more agents. The prerequisites are reopening the ports of entry, restoring the legal asylum system, staffing it with experts, and expanding other legal immigration opportunities as Catherine cogently suggests!

PWS

07-16-21

WE NEED MORE WORK VISAS & A LONG-OVERDUE REVISION OF CATEGORIES, SAYS “NEW AMERICAN ECONOMY” STUDY & IMMIGRATION EXPERT PROFESSOR STEPHEN YALE-LOEHR OF CORNELL LAW! — Hannah Miao Reports For CNBC

Hannah Miao
Hannah Miao
Reporter, CNBC
PHOTO: CNBC

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/expert-business-visa-categories-outmoded

From Dan Kowalski @ LexisNexis Immigration Community:

Expert: Business Visa Categories Outmoded

Hannah Miao, CNBC, June 10, 2021

“We have not revamped our legal immigration categories, including business immigration, since 1990. Some of those categories are out of alignment with our needs in the United States today,” said Stephen Yale-Loehr, an immigration law professor at Cornell Law School, who was not involved with the NAE study.  “The pandemic has exacerbated those inconsistencies because people who are desperately needed to restart various businesses have been unable to enter the United States,” Yale-Loehr said.”

pastedGraphic.png

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

We should be expanding legal immigration opportunities in all three categories that currently feed our “green card system:”

  • Family visas;
  • Work visas; and
  • Refugee and asylum admissions.

We have seen during the pandemic that “essential workers” we depend upon and whose presence enriches our society and helps us build for a better future come in all types of statuses, including so-called “undocumented.” Those coming in the family, refugee, and asylum categories contribute valuable job skills, experiences, and enrichment to our society just as much, and in some cases, even more than those whose visas are based on work skills. We need to draw on and expand all three categories.

My Georgetown Law Immigration and Refugee Policy students did their own research and pointed these things out in our class just this week. They “get it!” But, our current Government immigration policy makers, not so much!

Again, to state the obvious, the Biden Administration is “missing the boat” by not restarting our asylum system at the border, running it in an appropriately generous and fair manner with experts, and expanding and getting our refugee programs functioning again. Many of those with skills we need and can use are literally “dying to get in” while we ignore both their humanity and our collective best interests.

Progressive legislative reforms to our legal immigration system are long, long overdue. But, we already have the legal authority to run far more robust and fairer legal refugee and asylum systems that would benefit America and the world, a well as saving lives and ending the ongoing squandering of Government resources on failed, illegal, cruel, and counterproductive “enforcement schemes.” 

Progressive experts with the needed skill sets to fix the migration problems are out here. Obviously, Professor Yale-Loehr is just one of many. Yet, for the most part, the Biden Administration ignores their expertise and turns a deaf ear to their solutions. Doesn’t make sense to me!

Unfortunately, we appear to appear to lack the will, imagination, courage, and most of all progressive expertise in the Executive Branch to use currently available tools and legal authorities to fix migration problems.

My students continually give me hope that the next generations will provide enlightened leadership and build a more just society and a better world for the future. But, in the meantime, my generation continues to squander opportunities for improvement. There will be a cost, of that I’m sure! 

🇺🇸⚖️🗽Due Process Forever!

PWS

06-11-21

CNN: Some Separated Families Reunited; Biden Restores Legal Immigration; “Remain in Mexico” Phaseout Begins!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

Immigration

 

Lawyers are slowly making progress in locating and reuniting children and families separated at the southern US border as part of the Trump administration’s “zero tolerance” immigration policy. A month ago, the parents of 611 children had yet to be located. Now, that number is down to 506. President Biden this month signed an executive order establishing a new task force designed to identify and reunify these separated families. Meanwhile, the Biden administration has lifted an order that temporarily banned certain immigrant visas during the pandemic and will begin admitting some of the hundreds of migrants held in deplorable conditions in tent camps as part of a policy requiring them to stay in Mexico until their US court dates. Both these decisions are reversals of controversial Trump-era policies.

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

Progress on restoring the rule of law at the border and in our legal immigration system, although many advocates yearn for much faster remedial action. Links to more detailed analysis, much of it by CNN All-Star 🌟 Immigration Reporter Priscilla Alvarez, are embedded in the above CNN summary.

🇺🇸⚖️🗽Due Process Forever!

PWS

02-25-21

🏴‍☠️🇺🇸☠️ DEATH MERCHANT ⚰️⚰️ — U.S., “The Wuhan Of The America’s,” Deports Death 💀 To Latin America! — Legal Immigrants Aren’t A Threat To U.S., But Trump Regime Threatens The World’s Health!

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

https://www.washingtonpost.com/world/the_americas/us-is-deporting-infected-migrants-back-to-vulnerable-countries/2020/04/21/5ec3dcfe-8351-11ea-81a3-9690c9881111_story.html

Kevin Sieff & Nick Miroff report for WashPost:

They arrive 24 hours a day in the Mexican border city of Reynosa, groups of men, women and children deported by the United States. Each time, at the edge of the international bridge, Ricardo Calderón Macias and his team get ready.

They put on masks and gloves. They prepare their thermometers and health forms. They wonder, sometimes aloud: Will anyone in this group test positive?

“We’re worried that eventually, with these deportations, we’re all going to get infected,” said Calderón, the regional director of the Tamaulipas state immigration institute.

Since the coronavirus struck the United States, immigration authorities have deported dozens of infected migrants, leaving governments and nonprofits across Mexico, Central America and the Caribbean struggling to respond.

[[Public health experts: Coronavirus could overwhelm the developing world]]

When some countries resisted continued deportations, U.S. officials said they would screen migrants slated for removal. But they did not commit to administering coronavirus tests. In many instances, the screenings, which consist primarily of taking a person’s temperature, have failed to detect cases. Even though overall deportations declined this month, the United States has returned thousands of people across the Western Hemisphere in April.

President Trump said late Monday he would “suspend immigration” to the United States. Even before that announcement, officials in the region were concerned about the deportations. Guatemala’s health minister spoke this month of the worrying number of infected deportees sent from the United States — the “Wuhan of the Americas,” he said.

[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]

Mexicans just deported from the United States walk toward a repatriation building in Matamoros. (Veronica Cardenas/Reuters)

Mexico’s Tamaulipas state, across the Rio Grande from the southern tip of Texas, is receiving roughly 100 deportees per day, officials there say. In some cases, repatriation workers have noticed that deportees are visibly sick as they arrive. Those deportations are blamed for at least one new outbreak in a Mexican migrant shelter.

On Monday, the Mexican government asked the U.S. Department of Homeland Security to test deportees for the virus, but DHS has not committed to doing so, according to a Mexican official with knowledge of the conversations who spoke on the condition of anonymity to describe diplomatic talks.

In Guatemala, at least 50 deportees have tested positive, about 17 percent of the country’s total confirmed cases. Three-quarters of passengers on a deportation flight to Guatemala City last month were infected, according to the country’s Health Ministry. Guatemalan officials said last week they would suspend returns from the United States.

[[Coronavirus outbreaks at Mexico’s hospitals raise alarm, protests]]

In Haiti, the poorest country in the Western Hemisphere, three people sent back from the United States in early April have tested positive, officials said. The country has 62 ventilators for 11 million people. The Trump administration reportedly was planning another deportation flight to Haiti this week.

“Rather than be deported where they face serious harm if they fall ill and risk infecting thousands of others, they should be released from detention into the care of their friends and families so that they may safely quarantine,” a coalition of 164 human rights and religious organizations said in an open letter pleading for suspension of deportations.

Health workers carry supplies delivered by family members to a temporary shelter for Guatemalan citizens deported from the United States in Guatemala City. (Moises Castillo/AP)

In Mexico over the past week, two deportees tested positive for the virus. Calderón’s team spotted a deportee in Reynosa who was visibly ill, with a dry cough, red eyes and a fever. They wondered how the man, who arrived from Atlanta, had made it through U.S. health screenings.

A second man was deported to Nuevo Laredo from Houston “without knowing he was a carrier of the virus,” the Tamaulipas state government said in a statement, and was sent to a migrant shelter in the city.

That case apparently prompted an outbreak in the shelter, Casa del Migrante Nazareth; 14 others have since tested positive.

“The risk we face is bringing a massive contagion into our own country,” said Raúl Cardenas, the city manager of Nuevo Laredo. “We’re mortified that these deportations are continuing.”

. . . .

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

Read the rest of the article at the link.

Not only are Trump’s immigration diversions racist and inappropriate, they are dangerous and threaten unnecessarily to spread the pandemic. Unwilling and unable to address the real needs of the American people during the pandemic (see, e.g., tests, aid to states, speaking truth, encouraging compliance with “best practices”) Trump diverts our resources on controversial and counterproductive measures while diminishing our national humanity and surrendering our world leadership.

This November, Vote ‘Em Out. End The Deadly ☠️ Trump/GOP Clown Show 🤡!

PWS

04-22-20

ANOTHER ILLEGAL TRUMP IMMIGRATION POLICY PUT ON HOLD: This Time It’s His “Insurance Scam” To Slash Legal Immigration — But, Will The Supremes Ultimately Uphold The Rule Of Law, Or Cave To The Trump Regime Again?

Susannah Liuthi
Susannah Luthi
Healthcare Reporter
Politico

https://apple.news/A-uzpmvT_TDyK8JGHsQ60ZA

Susannah Luthi for Politico:

Policy: Employment & Immigration

Judge halts Trump’s insurance mandate for immigrants

A federal judge in Oregon blocked President Donald Trump’s bid to deny immigrants visas unless they buy health insurance within 30 days of entering the country or otherwise show they can cover their medical costs.

U.S. District Court Judge Michael Simon issued an order on Tuesday to stop the State Department from enforcing a policy that officials unveiled in late October under a mandate from President Donald Trump, and which could drastically curtail the ability of people to legally migrate to the United States.

Simon noted that the requirement that immigrants buy unsubsidized insurance — meaning they couldn’t get financial assistance through Obamacare — barred poor people from entering the country, which he said clearly infringed on the law.

“The proclamation is anticipated to affect approximately 60 percent of all immigrant visa applicants,” the judge wrote. “The president offers no national security or foreign relations justification for this sweeping change in immigration law.”

Simon agreed with plaintiffs, including U.S. citizens and their overseas family members as well as the non-profit Latino Network, that the rule violated the Constitution’s separation of powers. His decision applies nationwide.

Immigration officials could have begun enforcing the requirement on Dec. 1. The administration is expected to appeal.

Simon, a Barack Obama appointee, had already temporarily blocked the policy from taking effect early this month, saying there was sufficient concern about the legality of the new requirements to merit a delay, particularly since the administration didn’t use a standard public comment period for the new rules.

The plaintiffs argued the sweeping nature of the executive action showed an attempt “to rewrite our country’s immigration laws and fundamentally shift the balance of power between the branches of government.”

The policy originated with a proclamation Trump issued on Oct. 4 that cast confusion and uncertainty onto the immigrant community and raised immediate concerns it could be unworkable. In the original order, Trump laid out the parameters for the types of health insurance legal immigrants could buy as a condition for getting a visa.

They wouldn’t be able to use federal subsidies to buy coverage on Obamacare exchanges, but could buy short-term insurance plans the administration has promoted that are cheaper but only offer barebone coverage.

That latter option layered Trump’s tough immigration policies on top of the fight over short-term plans. Democrat-led states including New York and California — which happen to draw a large share of immigrants — have banned the sale of such plans.

The plaintiffs also argued that since short-term plans leave people underinsured, the directive is undermining its own stated goal of cutting some of the uncompensated care costs from the U.S. health care system.

They also estimated the State Department through the policy would bar up to 375,000 people who could otherwise legally enter the country, shrinking the annual number of legal immigrants by nearly two-thirds.

The administration contends the criticisms are overblown and that the policy wouldn’t affect all legal immigrants, such as parents coming to the country to reunite with their children or vice versa.

Sign up for POLITICO Playbook and get top news and scoops, every morning — in your inbox.

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Of course Trump’s intent was to invidiously discriminate against immigrants of color and the poor. Of course, that’s unconstitutional. It’s not rocket science! It’s not even very complicated constitutional law.

But, then again, Trump’s “Muslim Ban,” his rewriting of asylum statutes, and his misappropriation of funds for his border wall stunt were also clearly unconstitutional. That didn’t seem to bother the Supreme’s GOP majority a bit in their “race to roll over for the Trump Regime.” After all, as Trump and his chump Solicitor General Noel Francisco keep not too subtly reminding the “Gang of Five,” they are “bought and paid for” and expected to perform as Regime toadies. Most of the time, they get the message.

So far, the Supremes and many Circuit Courts have lacked the guts and integrity to stand up consistently and powerfully to the Trump Regime’s attacks on our Constitution and humanity.

They apparently think that they are above the fray, particularly when the rights of the most vulnerable and defenseless are involved. But, maybe they are wrong. Perhaps, when Trump has finished eradicating constitutional norms and imposed his unique form of authoritarian dysfunction on our nation, these “robed wondermen” will be refugees along with the rest of us.

Nobody that I’ve ever met expects or wants to be a refugee. It can happen to anyone, at any time, no matter how fat, content, above the fray, and complicit you might be in your current position. Disturbingly, a majority of our very highest judges appear to lack the human perspective, historical knowledge, decency, courage, and empathy to see themselves in the position of those whose legal rights they abuse in Trump’s behalf. They certainly try hard not to understand the situation of refugees and migrants.

Yes, we want fair and impartial judges (something the Supremes have conveniently overlooked in dealing with the Immigration Courts). But, we don’t want or need judges who are detached from or indifferent to humanity and human suffering. After all, our laws are made by humans to regulate human conduct. When detached from its human roots and consequences, it becomes a tool for disorder and tyranny.

PWS

11-27-19

IT’S NEVER BEEN ABOUT “LEGAL V. ILLEGAL,” “BORDER SECURITY,” “JOBS,” OR “GETTING IN (NON-EXISTENT) LINES” — The Trump Regime Has Always Been About A White Nationalist Immigration Agenda Of Hate!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/theres-no-other-way-to-explain-trumps-immigration-policy-its-just-bigotry/2019/11/25/348b38f4-0fcc-11ea-9cd7-a1becbc82f5e_story.html

 

Catherine Rampell in the WashPost:

 

November 25, 2019 at 7:58 p.m. EST

It was never about protecting the border, rule of law or the U.S. economy. And it was never about “illegal” immigration, for that matter.

Trump’s anti-immigrant bigotry was always just anti-immigrant bigotry.

There’s no other way to explain the Trump administration’s latest onslaught against foreigners of all kinds, regardless of their potential economic contributions, our own international commitments or any given immigrant’s propensity to follow the law. Trump’s rhetoric may focus on “illegals,” but recent data releases suggest this administration has been blocking off every available avenue for legal immigration, too.

Last month, the number of refugees admitted to the United States hit zero. That’s the first month on record this has ever happened, according to data going back nearly three decades from both the State Department and World Relief, a faith-based resettlement organization.

 

So what happened?

The problem wasn’t that the 26-million-strong global refugee population lacked a single person who met America’s strict screening requirements. No, our admissions flatlined because Trump announced and then delayed signing a new refugee ceiling for the 2020 fiscal year. This delay led to a complete moratorium on admissions.

Hundreds of flights were canceled for approved refugees who had waited years or decades to come — once again, legally — to our shining city on a hill. As the moratorium dragged on, some refugees’ eligibility expired. At least four were minors who have now turned 18. This means they’ve aged out of the resettlement program they were accepted under and now must get back in line, perhaps indefinitely, to reapply under a different system as adults.

By the way, when Trump finally did sign off on that new fiscal 2020 refugee ceiling, it was for a mere 18,000 admissions. That too is an all-time low. The Trump administration has also thrown up other roadblocks for refugees, such as allowing states and localities to veto any resettlements within their borders. (This policy is being challenged in court.)

Trump supporters might argue that, whatever our moral obligations to the world’s destitute and desperate, the president is merely keeping immigrants out to protect our economy.

They are wrong.

The Trump administration’s own research — which it attempted to suppress — found that refugees are a net positive for the U.S. economy and government budgets. That is, over the course of a decade, refugees pay more in taxes than they receive in public benefits.

The Trump administration is also turning away categories of legal would-be immigrants who are historically admitted because they are economically valuable.

Last week, for instance, we learned that enrollment of new international students has fallen more than 10 percent over the past three years, according to the Institute of International Education.

This is a shame. Higher education has been one of our most successful industries, adding $45 billion to the U.S. economy last year alone. International students spend money in the local economies where they study — on lodging, food, books, entertainment. They are also more likely to pay full freight in tuition. This means they cross-subsidize American students, especially in states where public education funding has fallen.

International students are also more likely to major in high-demand STEM fields, providing U.S. employers with a pipeline of talent that supports the jobs of native-born Americans.

New international student enrollment is declining for a number of reasons, including high tuition and fear of campus gun violence. But the barrier most frequently cited by universities lately is problems with the visa-application process. Meanwhile, other developed countries, such as Canada and Australia, are poaching students who might otherwise have contributed their talents here.

These are hardly the only signs we’re discouraging or denying legions of desirable and legal would-be immigrants.

Denial rates for H-1B visas — awarded to high-skilled workers — have more than doubled since Trump took office, according to tabulations from National Foundation for American Policy. Processing delays for citizenship applications have doubled. Naturalization and visa fees have skyrocketed.

Meanwhile, when families apply for their legal right to asylum at the border, we tell them to await processing in Mexico, in a region so dangerous that Americans are instructed not to visit. (“Violent crime, such as murder, armed robbery, carjacking, kidnapping, extortion, and sexual assault, is common,” the State Department website advises.)

There, asylum seekers live outdoors, in filthy, flooded, freezing tents. Agonized parents send sick and frostbitten toddlers to cross into the U.S. alone, because they fear they’ll die waiting in Mexico.

And if these desperate families don’t like living in squalor, we tell them they should just return home, get in line and apply through another legal route into the United States. Perhaps as refugees, students or workers.

As though there were still such routes to be found.

 

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

It’s institutionalized hate, racism, sexism, lawlessness, and cruelty.

 

One of the worst things is that’s it’s basically enabled by Federal Appellate Courts who see the same problems as many U.S. District Judge do, but “go along to get along” by “normalizing” Trump’s disgraceful racist behavior and “deferring” to pretextual Executive actions that are merely facades for a dishonest, illegal, and unconstitutional White Nationalist agenda. Sort of reminds me of the bogus “separate but equal” doctrine of judicial cowardice.

 

Apparently, too many life-tenured Article IIIs in the ivory tower think that they and their privileged circles will escape the gratuitous harm being inflicted on our nation and on vulnerable individuals by a scofflaw executive. Certainly, not unlike the enabling white male judges and Supreme Court Justices who “looked the other way” and thereby enabled Jim Crow regimes to corruptly use our legal system to disenfranchise, murder, oppress, and otherwise abuse African American citizens.

 

Where has judicial courage among the higher levels of our Federal Judiciary gone?

 

PWS

 

11-26-19

 

 

WHITE NATIONALIST AGENDA: Trump Regime Announces Plans For All-Out Assault On Legal Immigration — “It’s an attempt to lock into place changes to immigration policy that cannot be easily undone, regardless of the outcome of the 2020 presidential election.”

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

https://apple.news/AKO1peXCgQpS_Ol7Hfyg_6g

Stuart Anderson writes in Forbes:

Trump Plans Far-Reaching Set Of New Immigration Regulations

The Trump administration plans a far-reaching set of new immigration regulations that, if enacted, would profoundly affect employers, international students, H-1B and L-1 visa holders, EB-5 investors, asylum seekers and others. The proposed forthcoming rules are detailed in the administration’s just-released Unified Agenda for the Department of Homeland Security (DHS). 

H-1B Visas: “As a result of more restrictive Trump administration policies, denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 24% through the third quarter of FY 2019 for new H-1B petitions for initial employment,” according to a recent National Foundation for American Policy analysis. A new H-1B regulation would make life even more difficult for employers and high-skilled foreign nationals.

The summary of a forthcoming H-1B rule states it would: “[R]evise the definition of specialty occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program, and revise the definition of employment and employer-employee relationship to better protect U.S. workers and wages. In addition, DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders.” (The target date for publishing a proposed rule is December 2019.)

The rule could be used to defend the administration against lawsuits from companies that contend many actions by U.S. Citizenship and Immigration Services (USCIS) on H-1B petitions have violated the Administrative Procedure Act by not going through the rulemaking process.

“Undoubtedly they will push the boundaries and aim for long-term, structural changes to the H-1B visa category,” said Lynden Melmed, a partner at Berry Appleman & Leiden and former Chief Counsel for USCIS, in an interview. “But absent new authority from Congress, going too far risks a court injunction and they could end up with nothing.” 

One way USCIS may try to push the boundaries would be to place into regulation the theory behind a March 31, 2017, internal document now used in adjudications that excluded computer programmers from qualifying as a specialty occupation. The document discusses computer programmers and tells adjudicators that since the Department of Labor Occupational Outlook Handbook states that “. . . some employers hire workers with an associate’s degree . . . it suggests that entry level computer programmer positions do not necessarily require a bachelor’s degree and would not generally qualify as a position in a specialty occupation.” (Emphasis added.)

The March 31, 2017, document notes this has applicability to many occupations and states: “The Policy Memorandum is specific to the computer programmer occupation. However, this same analysis should be conducted for occupations where the Occupational Outlook Handbook does not specify that the minimum requirement for a particular position is normally a bachelor’s or higher degree in a specific specialty.” (Emphasis added.)

“Companies may be surprised to learn how many different positions do not require a bachelor’s degree under Department of Labor standards,” said Melmed. “Employers may have to rethink how they approach their talent strategy.”

A new regulation that would “revise the definition of employment and employer-employee” will make it even more difficult for IT services companies and others that place employees at customer locations. Such companies already have experienced much higher H-1B denial rates due to USCIS policies that, attorneys say, have targeted the companies for tougher scrutiny. 

H-4 EAD: The administration continues to place on the regulatory agenda a measure to rescind an existing rule that allows many spouses of H-1B visa holders to work. The target date for a proposed rule is March 2020. (See here for more background.) 

L-1 Visas: The irony of USCIS trying to tighten the L-1 visa category is companies complain the Trump administration already has made it nearly impossible to gain approval of L-1 visas at U.S. consulates in India to transfer employees into the United States. Companies also cite U.S. consular posts in China as a problem. “Our refusal rate for L visas at consular posts in India is 80% to 90%,” an executive of a major U.S. company told me in an interview. Denial rates have also increased considerably at USCIS for individual L-1B petitions (used for employees with “specialized knowledge”).

According to the summary of a new item placed on the regulatory agenda: “In order to improve the integrity of the L-1 program, the Department of Homeland Security will propose to revise the definition of specialized knowledge, to clarify the definition of employment and employer-employee relationship, and ensure employers pay appropriate wages to L-1 visa holders.” (September 2020 is the target date for publishing a proposed rule.)

Companies note they already endure visa denials by consular officers who, with little background knowledge, decide that a company should only have a limited number of people who possess “specialized knowledge” – even though there is nothing in the law or regulation about a numerical limit within a company on employees with specialized knowledge of a company’s “product, service, research, equipment, techniques, management, or . . . expertise in the organization’s processes and procedures.”

Regulating on L-1 wages may place USCIS in legal difficulties. “As a practical matter, most employers already pay their L-1 workers at high rates of pay,” said Kevin Miner, a partner at the Fragomen law firm, in an interview. “We will want to see what specific regulatory proposals are made regarding wage rates for L-1 workers, since Congress specifically did not impose prevailing wage requirements in the L-1 statute. Adding requirements that Congress has not put into the statute would be an overreach by the agency and would call into question the legal viability of the new regulations.” 

International Students, OPT and Unlawful Presence: New enrollment of international students at U.S. universities declined by more than 10% between the 2015-16 and 2018-2019 academic years – and new Trump administration regulations are likely to further discourage international students from coming to America.

The ability to gain practical work experience following a course of studies attracts many international students to the United States. Many competitors for talent and students, such as Canada and Australia, already make it easier than the United States for international students to work after graduation.

The administration continues to target Optional Practical Training (OPT), which allows international students to work for 12 months after graduation and 24 additional months in science, technology, engineering and math (STEM) fields. A summary of a rule proposal on the agenda states: “ICE [Immigration and Custom Enforcement] will amend existing regulations and revise the practical training options available to nonimmigrant students on F and M visas.” (August 2020 is the target date for a proposed rule.)

Ironically, Trump administration officials from the State Department recently praised Optional Practical Training. “OPT is one of our greatest strengths,” said Caroline Casagrande, a deputy assistant secretary at the U.S. Department of State, during a November 18, 2019, press event on international students. “And we know that students value the practical experience that they gain here in the United States and it is one of our most helpful recruitment tools as a reason that a student chooses to study in the United States.” 

A 2019 National Foundation for American Policy study by economist Madeline Zavodny concluded, “There is no evidence that foreign students participating in the OPT program reduce job opportunities for U.S. workers.”

In 2018, USCIS issued policy memos that could cause many international students who unknowingly violate their immigration status to be barred from the United States for 10 years. On May 3, 2019, a U.S. District Court issued an injunction blocking the two policy memos following a lawsuit (Guilford College) filed by universities.

USCIS placed on the regulatory agenda plans for a proposed rule (with a September 2020 prospective date) called “Enhancing the Integrity of the Unlawful Presence Inadmissibility Provisions.”

“The recent announcement in the regulatory agenda regarding unlawful presence is likely a response to the Guilford College litigation,” Paul Hughes, a partner at McDermott Will & Emery and the lead attorney in the case, told me. “In Guilford College, the court issued a nationwide injunction blocking USCIS from applying this memo, both because it did not undertake the notice-and-comment rulemaking required by the Administrative Procedure Act, and because it was at odds with the statutory text. It appears that the administration is now trying to use rulemaking in an apparent effort to cure the procedural errors they made the first time.”

The Department of Homeland Security regulatory agenda contains at least two other measures of interest to the education community and international students. An item on the agenda (with a June 2020 target date for a proposed rule) states: “ICE proposes to vet all designated school officials (DSOs) and responsible officers (ROs), who ensure that ICE has access to accurate data on covered individuals via the Student and Exchange Visitor Information System (SEVIS).” 

An item that remains on the regulatory agenda – with a February 2020 target date for publishing a proposed rule – would establish a “maximum period of authorized stay for students.” Currently, international students are admitted for the “duration of status” until they complete their studies. Universities warn changing to a maximum period of stay is likely to carry negative consequences for students. 

EB-5: USCIS has proposed and finalized (November 21, 2019) a rule governing EB-5 (employment-based fifth preference) “immigrant investor classification and associated regional centers” that made significant changes to the category, including substantially raising the minimum investment amount for a foreign investor. The administration appears interested in further restricting the category with two items placed on the agenda. One would make regulatory changes to the EB-5 Immigrant Investor Regional Center Program, including how they file, and their designation, termination and continued participation. The other rule would “increase monitoring and oversight of the EB-5 program as well as encourage investment in rural areas.”

Family Sponsorship: After failing to convince Congress to reduce or eliminate most family-sponsored immigration, the Trump administration put forward two measures that could significantly reduce legal immigration to the United States: 1) an October 4, 2019, presidential proclamation (blocked at least temporarily by a court) would bar new immigrants from entering the United States without health insurance and 2) a rule on Inadmissibility on Public Charge Grounds – finalized on August 14, 2019, but blocked by an injunction. 

A proposed rule on “Enhancing the Integrity of the Affidavit of Support” shows the administration wants to restrict and discourage Americans from sponsoring family members. “DHS intends to update regulations at 8 CFR 213a by aligning the requirements with the statutory provisions and amending sponsorship requirements to better ensure a sponsor has the assets and resources to support the intended immigrant at the statutorily required level,” according to a summary. “DHS further intends to update the provisions to allow the public benefit granting agencies to more easily obtain information from USCIS in order to seek reimbursement from a sponsor when the sponsored immigrant has received public benefits.”

Asylum: Many items on the regulatory agenda aim to restrict asylum, which has already seen wholesale changes in procedures in the past three years. All of the proposed rules are designed to make it more difficult for individuals to avail themselves of the U.S. asylum system.

In one measure, “The Department of Justice (DOJ) and the Department of Homeland Security propose to amend their respective regulations governing the bars to asylum eligibility. The Departments also propose to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications.” In another proposed rule, DOJ and DHS would “amend regulations governing the standards and procedures for making credible fear determinations or reasonable fear determinations for aliens who are subject to expedited removal, but who want to seek asylum or express a fear of persecution or torture.” Others would affect asylum interviews, work authorization and procedures.

Other Rules on the Agenda: The administration proposes to continue with its announced fee increases for immigration benefits, make changes that could affect adjustment of status and limit a future administration’s use of parole and employment authorization. “Removal of International Entrepreneur Parole Program” is listed on the agenda with a “final action” date of December 2019. 

The Trump administration’s regulatory agenda on immigration is ambitious and far-reaching. It’s an attempt to lock into place changes to immigration policy that cannot be easily undone, regardless of the outcome of the 2020 presidential election. There is one glaring omission from the Trump administration’s regulatory agenda – any measure to make it easier for foreign-born individuals to work, study or live in the United States.

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With “Moscow Mitch” and the GOP making sure that Congress can’t do its job and the Supremes and much of the Federal Judiciary apparently in his pocket, Trump’s plans for a White Nationalist Fascist State are on a roll. As Stuart points out, once the damage is done to our nation, it’s likely to take a long time to repair, regardless of when Trump finally leaves office.

Who would have thought that institutions and values developed painstakingly over centuries would be so easily thrust aside by a lawless authoritarian and his gang.

PWS

11-22-19

LITTLE SUPPORT AMONG AMERICANS FOR TRUMP’S WHITE NATIONALIST SCHEME OF SLASHING LEGAL IMMIGRATION!

https://apple.news/A0qG8LufUToKIgRLhjfQEIw

Mariana Alfaro reports in Business Insider:

Americans are more open to increased immigration than most Europeans, though far more people around the world would like to see a decrease in immigration overall, according to a recent poll by the Pew Research Center.

Pew surveyed 27 countries this spring on their views on immigration. Together, Pew reported, these 27 countries house more than half of the world’s international migrants. Of those surveyed, 45% said fewer or no immigrants should be allowed into their country while 36% said they want just about the same number of immigrants – including the U.S.

Among European countries, 82% of Greeks said they would like fewer immigrants to be allowed into the country, which has, since 2015, struggled with a surge of migrants and refugees escaping civil war in Syria. Nearly three-quarters of Hungarians, 71% of Italians, and 58% of Germans also believe fewer immigrants should be allowed to move to their countries, which have also been heavily affected by the refugee crisis.

In the U.S., only 29% of Americans want a decrease in immigration while 44% think about the same amount of immigrants should be allowed in. Nearly a quarter of Americans want immigration to increase. In Mexico, currently facing a surge in Central American migrants, 44% of those surveyed said they wanted immigration to decrease in the country, while 42% said they wanted it to stay the same.

Read more: Jeff Sessions said immigrants should ‘wait their turn’ to come to the US – here’s how complicated that process can be

Spain and Japan are among the most open to the idea of increased immigration, with 28% and 23% of their respective populations opting for more open borders. Japan, known for its isolationist policies and historically low immigration numbers, is currently facing a dire economic threat – its population is getting older.

The Pew report also found that outmigration is widely seen as a problem among the nations surveyed. Greeks (89%) and Spaniards (88%) are the most worried about the number of people leaving their countries, which Pew reported have seen an increase in people moving abroad in recent years. Eight out of 10 Mexicans also see outmigration as a problem. Mexico, according to the United Nations, has one of the largest numbers of people living outside their country, second only to India. But only 64% of those surveyed by Pew in India think outmigration is a problem.

Published on December 10, the report came out the same day global representatives gathered in Morocco to sign the Global Compact for Safe, Orderly and Regular Migration. The non-legally binding agreement, backed by Angela Merkel, was created to manage migration for both origin and destination countries but was rejected by several nations, including the U.S., Chile, and Australia.

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While there was little appetite (likely almost none outside of Trump’s base) for the restrictionist scheme to slash legal immigration, there also is a cautionary note for immigrants’ advocates who believe in increases in legal immigration levels; a significant plurality of Americans want to maintain legal immigration at current levels.

Consequently, even though more legal immigration channels appear to me to be 1) in our best economic interests; 2) a way of reducing “extralegal immigration;” 3) helpful in focusing the resources we spend on immigration enforcement;  and 4) our destiny as a “nation of immigrants” if we wish to maintain a position of leadership among nations, there is some persuasion to be done before that’s likely to become a political reality.

PWS

12-14-18

 

NY TIMES: David J. Bier @ CATO Tells How Trump is Skirting Congress & The Law To Destroy Legal Immigration & Darken The Future Of America!

https://www.nytimes.com/2018/11/15/opinion/trump-legal-immigrants-reject.html

David J. Bier writes in the NY Times:

At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.

This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.

A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.

This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.

In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.

The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.

Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”

So what is going on?

Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.

Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.

As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.

This is happening at a time when there are more job openings than job seekers in the United States. This month, Federal Reserve Chairman Jay Powell stated that fewer immigrants and foreign workers would slow economic growth by limiting the ability of businesses to expand.

On some level, President Trump appears to understand this reality, but his policies are making the situation worse.

David J. Bier is a policy analyst at the Cato Institute.

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The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.

In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)

His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.

Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?

CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.

They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!

I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!

America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!

PWS

11-16-18

 

HOW THE WHITE NATIONALIST RESTRICTIONSTS MIS-APPROPRIATED AND MIS-CONSTRUED THE TERM “CHAIN MIGRATION” – It’s All About Race & Culture Wars, Not The Best Interests Of The US!

https://www.vox.com/policy-and-politics/2017/12/29/16504272/chain-migration-family-how-trump-end

Dara Lind writes for VOX:

“Over the course of President Donald Trump’s first year in office, his administration’s top immigration priority has shifted subtly. He’s talking less about deporting “bad hombres” and talking more — a lot more — about how “chain migration” is bad for the United States.

“We have to get rid of chainlike immigration, we have to get rid of the chain,” Trump told the New York Times’s Mike Schmidt in an impromptu interview at his West Palm Beach golf club in December. He followed it up, as he does, with a tweet:

“Chain migration” — which is loosely used as a synonym for all immigration to the United States that happens based on family ties (when a US citizen or, in some cases, a green card holder petitions for a relative to join them) — has become a conservative boogeyman, and an excuse to cut down on legal immigration. It’s long been a target of immigration restrictionists whose concerns about immigration are less about people “respecting the law” than about the government exercising stricter control over who enters the country.

Under the Trump administration, those restrictionists have more political power than they’ve had in a generation — and they’re using it to prosecute an aggressive case against the family-based system as it stands.

The Trump administration’s attacks on “chain migration” have helped shift the terms of the debate over immigration policy. “Chain migration” is being invoked, among other things, to frame two totally different demands Republicans have made in the debate over legalizing immigrants temporarily covered by the Deferred Action for Childhood Arrivals program: preventing current DACA recipients from sponsoring their parents after becoming citizens, and cutting or eliminating some categories of family-based immigration for all immigrants in exchange for legalizing DACA enrollees.

But it’s not just during the DACA debate. The Trump administration blamed the failed New York subway bombing in December on “chain migration” because the would-be bomber came as the child of a US citizen’s sibling in 2010. Its National Security Strategy, issued Monday, called chain migration a security threat.

In other words, the Trump administration’s attack on “chain migration” isn’t just a setup for a particular policy fight. It’s about who is allowed to be a part of America — and whether changes to the country’s makeup are healthy demographic development or a sign of uncontrolled invasion.

“Chain migration” is the technical name for a commonsense idea: People are more likely to move where their relatives are

The dynamic underlying “chain migration” is so simple that it sounds like common sense: People are more likely to move to where people they know live, and each new immigrant makes people they know more likely to move there in turn.

But as obvious as the reality is on the ground, it wasn’t always incorporated into theoretical models of migration (particularly economic models). Economists tended to think about the decision to migrate as a simple calculus of how much money someone was making at home versus how much he could be making abroad, rather than understanding that the decision was more complicated — and that family and social relationships played a role.

Princeton demographer Doug Massey, one of the leading scholars on immigration to the US at the end of the 20th century (and the beginning of the 21st), was one of the scholars who tried to correct this oversimplified view. As he put it in an essay for the Inter-American Parliamentary Group on Population and Development in the early 1990s:

The first migrants who leave for a new destination have no social ties to draw upon, and for them migration is costly, particularly if it involves entering another country without documents. After the first migrants have left, however, the costs of migration are substantially lower for their friends and relatives living in the community of origin. Because of the nature of kinship and friendship structures, each new migrant creates a set of people with social ties to the destination area.

These immigrants would also end up behaving differently once they arrived in their new countries. If they were just there for economic reasons, they’d have an incentive to move back once they’d made enough money, or circulate back and forth. But immigrants who move for social reasons are moving to a new community — a new place they’ll stay. That’s an upside if you think it’s important for immigrants to become American — and a downside if you think the US should be much pickier about who gets to move here for good than it is about who gets to work here.

One upshot of chain migration: Any policies that made it easier for immigrants to bring their relatives would allow migration chains to form, thus expanding immigration into the country. “Family reunification systems,” Massey wrote, “work at crosspurposes with the limitation of immigration.”

Massey and the other demographers of “chain migration” weren’t presenting it as a negative. But their words were easily adopted by people who did. The Massey essay quoted above ended up being reprinted in an issue of The Social Contract — the journal founded by immigration restrictionist mogul John Tanton, who also founded the three most visible restrictionist organizations in American politics (the think tank the Center for Immigration Studies and the advocacy groups NumbersUSA and FAIR).

The Social Contract was a forum for concerns about the threat of mass immigration (particularly mass nonwhite immigration) to the United States. (The Southern Poverty Law Center, which considers all Tanton-affiliated institutions to be “hate groups,” has a rundown of some of the journal’s more incendiary content.) Massey, on the other hand is a longtime supporter of reforms that would make it easier for immigrants to come to America.

An article by a supporter of expansive immigration policy could be reprinted, with few apparent edits, in a journal for his intellectual opponents only because the debate over chain migration is fundamentally not about whether it happens, but whether it’s okay. Defenders of chain migration tend to argue that it’s important for immigrants to put down roots in the US, and that having a family here is part of what that means.

Opponents, on the other hand, see family-based immigration as the government ceding some control for who gets to come here, so that it’s not selecting individuals in a vacuum — which leads rapidly to fears of the US government losing control of the immigration system entirely.

The actual policy behind “chain migration”

It’s not clear whether President Trump understands how family-based immigration actually works — and when it can lead to “chains” of relatives. Trump has claimed that the man who ran over several pedestrians in New York in November brought 23 (sometimes he says 24) relatives to the US in the seven years he’d lived here — a claim that chain migration opponent Mark Krikorian of the Center for Immigration studies said was impossible. And the White House’s “chain migration” diagram makes it looks like each generation of adults brings in children, which brings their children — which isn’t how chain migration works.

To better understand what policies, exactly, opponents of “chain migration” are worried about, check out this chart from the restrictionist advocacy group NumbersUSA — which is a more detailed representation of the same fear of overwhelming, uncontrollable waves of migration.

It’s a little overwhelming!
NumbersUSA

Let’s walk through the scenario in that chart. It depicts an immigrant who’s come to the US on an employment-based green card (in black) and is able to bring over his spouse and children immediately. He can also petition for his parents to come to the US on green cards, and — after he becomes a citizen (something the NumbersUSA chart doesn’t clarify) — he can petition for his siblings as well (all in gray).

The siblings all bring over their spouses and children immediately, and the spouses (in orange, maroon, navy, and teal) petition to bring over their own parents and (upon naturalization) their own siblings. The original immigrant’s parents (eventually) petition for their own siblings to come to the US, and the siblings then petition to bring over their married adult children — whose spouses can then petition for their own parents and (eventually) siblings, etc., etc.

Meanwhile, the original immigrant’s spouse can petition for her parents (in pink) and, once she becomes a citizen, her siblings (in blue, purple, red, and green). Those siblings bring over their spouses, who subsequently petition for their own parents and siblings, etc., etc.

There are a ton of assumptions in this model about the way immigrants behave — why is everyone in families of four or five? Does no one really want to stay in her home country? Is there no such thing as a bachelor in any of these families? — but the visa categories under US law make it a hypothetical possibility. But the thing is, US policymakers know that it’s a hypothetical possibility. And there are safeguards built into the system that restrict family-based immigration far more than the diagram would have you believe.

In practice, bringing over a family member takes years — which makes it very hard to build a chain

No one is automatically allowed to immigrate to the US. Anyone applying for residency in the country has to go through a standard vetting process — including a criminal and terrorism background check, and an evaluation of whether they’re likely to become a “public charge” in the US (i.e., be unable to support themselves for income and rely on social programs).

Trump’s National Security Strategy claims that “chain migration” is a problem for national security, but there’s nothing inherent to the way someone is allowed to immigrate to the US that makes it harder for the US to catch would-be terrorists — that is, if anything, a failure of the screening process.

The bigger obstacle, though, isn’t qualifying to immigrate — it’s that the number of hypothetically qualified family-based immigrants greatly exceeds the number of slots available for immigrants each year. The US doesn’t set caps on the number of spouses, minor children, or parents of US citizens who can come to the US each year — but, again, those categories in themselves don’t create chains.

The categories that do create chains are strictly capped: 23,400 married children of US citizens (plus their own spouses and minor children) are allowed to immigrate each year, and 67,500 adult siblings of US citizens (plus spouses and minor children). Furthermore, because the total number of immigrants coming from a particular country each year is capped, would-be immigrants from Mexico, China, India, and the Philippines end up facing even longer wait times.

When people talk about the “visa backlog,” this is what they mean: In January 2018, for example, the US government will start processing applications for F4 visas (the siblings of US citizens) who first petitioned to let them immigrate on June 22, 2004, or earlier. That is, unless the sibling lives in India (in which case the petition had to be filed by December 2003 to get processed in January 2018), Mexico (November 1997), or the Philippines (September 1994).

Sudarshana Sengupta, pictured here with family in Massachusetts, had been waiting for a green card for seven years when this picture was taken.
Washington Post/Getty Images

Understanding that an F4 visa is a 13- to 23-year process throws that NumbersUSA diagram into a different light. How implausible it is depends on your assumptions about how close together generations are, and how young the immigrants are when they come to the United States. But if you start by understanding that the first members of the orange, maroon, navy, teal, blue, purple, red, and green chains don’t enter the US until 18 years after the original immigrant (signified by black) does — and that the first immigrants in the yellow section of the chart don’t enter the country until 23 years later — it should give you a sense of how long it will take in to fill in the rest of the chain.

In practice, this ultimately looks like a lot of people coming to the US in late middle age. That’s backed up by the data: A study from Jessica Vaughan of the Center for Immigration Studies — which is critical of “chain migration” — found that the average age of immigrants to the US has risen over the past few decades, and that family-based immigration was a substantial cause.

But even then, the NumbersUSA scenario assumes that all the immigrants can afford to sponsor a family member to immigrate to the US. A US citizen (or green card holder seeking to bring an unmarried child or parent) has to prove to the government that they can provide financial support if their relative needs it, rather than relying on the government for aid.

In practice, this means that every immigrant needs to have someone vouching for them whose household income is 125 percent of the poverty line — and the “household” includes the relative who’s trying to come to the US. In other words, a single adult could sponsor his parent to immigrate if he made at least $20,300 — 125 percent of the federal poverty line for a two-person household — but if he had a spouse and two children, he’d have to be making 125 percent of the poverty line for a five-person household. And that includes any other immigrants who the household is sponsoring at the same time.

So an immigrant with a wife and two children who wanted to sponsor his parents and four siblings to immigrate as soon as he became a citizen would have to be making $56,875 — around the median income in the US. And if his spouse were trying to do the same thing with her parents and four siblings, as in the NumbersUSA chart, they’d have to be making $83,000 — which would place them in the 66th percentile of US household income.

That’s not impossible. But it certainly calls into question the stereotype of family-based migration as a way for “low-skilled,” low-earning immigrants to bring their low-skilled, low-earning relatives into the US.

There are ways for citizens to get other people to agree to help support a potential immigrant relative. But at the same time, the US government has discretion to reject an application, even if the citizen meets the income threshold, if they suspect that in practice the immigrant won’t be supported in the US. (Another factor in determining “public charge”is age — which is interesting, given the data about family-based immigrants being older.)

Add all of these factors together, and it becomes clear that an immigrant won’t be able to bring that many relatives to the US over the course of his or her lifetime. Vaughan’s studyfound that as of 2015, immigrants who came to the US from 1981 to 2000 had sponsored an average of 1.77 relatives to come join them. The most recent immigrants in the study — those who came to the US in the late 1990s — had sponsored the most relatives: 3.46. But both of those numbers include the minor children they brought with them at the time: In other words, they were hardly starting 3.46 new “chains.”

If anything, in fact, the family-based system is so overloaded that it ends up creating unrealistic hopes in people that they’ll be able to immigrate to the US. If your sibling moves to the US on a work visa, for example, you might start to hope that he’ll eventually be able to bring you along — but if you try to plan your life around that, you’ll end up waiting for two decades.

There are hints all this panic over “chain migration” is really about fear of cultural change

All of this is relevant to a conversation about whether to further restrict, or eliminate, the F3 and F4 visas for married children and adult siblings of US citizens. And indeed, that’s the most common policy demand being made by Republicans who are seeking to end or reduce “chain migration.”

But the most stalwart opponents of “chain migration,” the ones who use it to refer to all family-based immigration, period, are talking not just about the mechanics of the chain but about a bigger normative question: whether allowing immigrants to come as family units, or allowing people to immigrate based on family relationships, gives the US too little control over who gets to come.

The ultimate impression of both the White House and NumbersUSA “chain migration” diagrams is to make it seem that admitting a single immigrant unleashes an uncontrollable tide of infinite future family-based immigration — that each immigrant is a one-person Trojan horse for hundreds more.

A pro-Brexit billboard depicting a stream of refugees “overrunning” Britain.
This is an image from the pro-Brexit campaign, but the theme’s the same: a lack of control.
Daniel Leal-Olivas/AFP via Getty

“As more and more immigrants are admitted to the United States, the population eligible to sponsor their relatives for green cards increases exponentially,” the restrictionist group FAIR says on its website. “This means that every time one immigrant is admitted, the door is opened to many more.”

This potent visual is why “chain migration” has been a longtime target of immigration restrictionists, even when the Republican Party as a whole was attempting to welcome legal immigrants. For people whose biggest fear regarding immigration is that immigrants will change the face of America — that they’ll trample the country’s “traditionally” white, Christian majority — there’s little more potent than the idea of immigrants bringing over huge families, replanting their communities whole in American soil.

This fear goes hand in hand with a fear that immigrants won’t assimilate. When immigration restrictionists cite the second quarter of the 20th century as a great time for the United States, they’re not (at least explicitly) praising the racist country quotas that governed immigration at the time. They’re (explicitly) praising the fact that, with overall immigration levels low, immigrants were forced to interact with and eventually integrate among US citizens. The more immigrants that come over — and especially the more that immigrants bring their families over — the less, in theory, that they and their descendants will have to interact with people from outside of their community. In turn, this gets into fears that parts of America could become alien to Americans — cultural, or literal, “no-go zones.”

The use of “chain migration” in the current debate over DACA, to refer to DACA recipients allowing their parents to become legal immigrants, complicates the matter even further. Because the parents of DACA recipients have, by definition, lived in the US as unauthorized immigrants, this isn’t really about bringing new people into the US — it’s about legalizing people who are already here (or bringing people back who have been deported, something US policy already makes pretty hard).

The insistence among some Republicans that “Dreamers” not be allowed to sponsor their parents, even after they become US citizens, is really about not wanting to “reward” unauthorized immigrants for living in the US without papers. They’re worried about losing “control” in a slightly different sense — worried that any “reward” for illegal behavior will incentivize a new wave of unauthorized migration to take advantage of potential rewards. This is pretty far afield from the way that “chain migration” is commonly understood — but that’s the word being used in the DACA debate anyway, not least because the president has helped turn it into a buzzword.

Because these memes, and the fears that they provoke, are all so tightly connected, “chain migration” is both an ideological concern about America selecting immigrants based on their merit, and a racist smokescreen for fears of demographic change. It can be hard to separate the two. And it’s certainly not in the interests of the opponents of “chain migration” to try.

There’s a reason that family-based immigration has lasted as long as it has

It’s a lot easier to get people to agree, in theory, that the US should be accepting immigrants on the basis of “merit” — i.e., without concern for whether they have relatives living here — than it is to get them to agree on exactly what should be done to reduce the importance of family-based immigration to the current system.

For one thing, many policymakers, including many Republicans, see allowing some family members to immigrate as an important factor in encouraging integration. Allowing immigrants to bring along their spouses and minor children, for example, makes it less likely that they’ll decide to return to their home countries — and it means their children will grow up American, in more ways than one.

There are also policymakers who see family unity as a value worth protecting for its own sake (an argument you’ll often hear among religious advocates). And there’s, of course, an ethnic component. Asian Americans, in particular, feel that they are still trying to make up ground after decades of racist exclusion from the immigration system — and family-based immigration has been the best way for them to make that ground up. Mexican Americans, too, feel that the current system has unfairly forced Mexican immigrant families to be separated while other families get to reunite with ease.

All of these objections have combined, so far, to make Democrats firmly opposed to any proposal that would restrict future family-based immigration. But as “chain migration” begins to eclipse other issues (like immigration enforcement in the interior of the US) as a top Republican priority, it’s not clear whether Democrats’ commitment to hypothetical legal immigrants of the future is going to win out over their commitment to legalizing unauthorized immigrants who are currently here.”

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

The fear that the US won’t be a “White Christian country” is what’s really driving the campaign against family migration (a/k/a/ “chain migration”). But, in reality, the days of the US as a “White Christian Empire” are in our national rearview mirror, no matter what the White Nationalist restrictionists do. It’s really just a question of how much pain, suffering, and divisiveness the White Nationalists can inflict as their already tenuous control inevitably continues to slip.

As almost all “non-restrictionist” economists tell us, restrictive national immigration policies are not in our national interest. In fact, more, not less legal immigration is going to be a necessity to keep our economy from stagnating like that of Japan and some European countries. Indeed, Paul Ryan’s goofy “everyone should have more kids” was an acknowledgement of how our future success depends on a robust legal immigration system.

Also, the concept that the legal admission of Dreamers is a “negative” that has to be “offset” by cuts in legal immigration elsewhere is pure fiction. Dreamers are already here and contributing to our society and our national welfare. Giving them legal status is not only the right thing to do, but also the smart thing. And doing the “smart thing” requires no bogus “offsets.”

PWS

01-01-18

TRUMP ADMINISTRATION’S WAR ON AMERICA — Proposals To Restrict Student Visas & Reduce Legal Immigration Will Hurt Economy, National Standing

These articles from today’s Washington Post highlight three “gonzo” immigration proposals driven by the Trump Administration’s white nationalist agenda.

First, the proposal to require nonimmigrant students in the U.S. to apply for annual extensions of stay would roll back the “duration of status program” for students — arguably the single best and most mutually beneficial efficiency move in the history of INS/USCIS. It would also create chaos in student visa programs that not only keep many colleges and universities financially viable, but also fuel American innovation and technological advances in the STEM fields.

Second, proposals to make visa issuance a law enforcement function within the DHS would lead to chaos in the visa issuing program and probably will result in retaliation by other friendly nations. Visas are part of the foreign commerce of the U.S., not a domestic law enforcement program.

Finally, proposals to reduce legal immigration and further restrict legal opportunities for unskilled workers would deprive the U.S. of workers at a time when the growing economy needs them the most. This short-sighted policy would likely lead to the same type of economic stagnation that has plagued EU countries and Japan over the past several decades.

Read the articles here:

https://www.washingtonpost.com/opinions/the-latest-nativist-trump-proposals-would-actually-hurt-american-institutions/2017/07/17/c85765fc-67eb-11e7-8eb5-cbccc2e7bfbf_story.html?utm_term=.570c8e41fee6

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/cutting-legal-immigration-50-percent-might-be-trumps-worst-economic-policy-yet/?utm_term=.ac7808d8383d

Restrictionist policies driven by xenophobia and racism inevitably lead to disaster.

PWS

07-18-17

TRUMP’S NEXT ATTACK ON AMERICA: LEGAL IMMIGRATION!

http://www.vanityfair.com/news/2017/07/trump-legal-immigration-crackdown

Bess Levin writes in Vanity Fair:

“The most public components of Donald Trump’s nativist agenda are also, somewhat reassuringly, the most symbolic. Yes, the president wants to build an expensive wall along the southern border to keep “rapists” and “criminals” from Mexico from illegally entering the country, but as even Republicans have pointed out, building a wall is just about the least effective way to secure the border. Life will go on, regardless of whether the president adds an extra foot or two of barbed wire to the eyesore that already stretches across several hundred miles of Texas, Arizona, and California. Trump also wants a figurative fence around the country, in the form of his executive order banning travel from several Muslim-majority countries, but said ban was always designed to be temporary. The president’s long-term ambitions to curtail immigration, meanwhile, have mostly flown under the radar: a plan dreamt up by the White House’s resident nationalists Steve Bannon and Stephen Miller to crack down on legal immigration.

Now, Trump’s endgame appears to be moving into public view. According to a new report from Politico, Miller and Bannon—the latter of whom apparently keeps reminders to himself to restrict immigration “scribbled on the walls of his office” like other people keep reminders to order more ink for the printer—have been working on a bill with Republican Senators Tom Cotton and David Perdue that would cut the number of legal immigrants coming into the U.S. by half, to 500,000, as of 2027. The bill is said to be a “revised and expanded” version of the RAISE Act that Cotton and Perdue presented in February and discussed with the president in March.

The lawmakers, along with Miller, Bannon, and Trump, argue that allowing lower-skilled immigrants into the country hurts job prospects and suppresses wages for American-born workers. In addition to wanting to restrict the overall number of legal immigrants, they want to shift to a merit-based system in which foreigners who are granted entry, for example, hold advanced degrees or demonstrate a particular “extraordinary ability” in their given field. That dovetails with the White House’s desire to “limit citizenship and migration to those who pay taxes and earn higher wages.” Last month, in a display of his infinite generosity, particularly toward those who haven’t “made a fortune,” Trump promised that legislation banning legal immigrants from coming into the U.S. if they were expected to rely on any kind of welfare would be coming “very shortly.”

The move will likely appeal to Trump’s base. Unfortunately, a restrictionist immigration policy could backfire for the same set of voters. In April, 1,470 economists wrote an open letter to the president explaining that, actually, the economy benefits from immigration, describing it as “not just a good thing” but “a necessity.” Senators like Lindsey Graham and John McCain have also argued that the economy gets a boost from cheaper labor. Mountains of evidence suggest native workers aren’t interested in the kind of grueling, seasonal, low-wage employment that is typically the domain of recent immigrants. Experts have warned that a crackdown on immigration could, for example, destroy the U.S. agriculture industry, whose workforce is disproportionally made up of foreigners.

Of course, wanting to drastically restrict legal immigration and actually getting a bill passed to do so are two very different things, and Team Trump faces a steep uphill battle, given that G.O.P. lawmakers like Graham and McCain are against it. There are also more pressing matters to attend to, including but not limited to: health care, tax reform, and avoiding a government shutdown in September. Building a border wall around the entire country might have to wait.”

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

The white nationalist agenda is a threat to America. Immigration is good for America. And, the real answer to the “immigration enforcement issue” is more, not less, legal immigration. This is particularly true with a declining birth rate and an expanding economy. Without the benefits of immigration, the U.S. economy is doomed to stagnate like the economies of Japan and some European countries.

PWS

07-13-17

WashPost: Administration Warns Employers Not To Use H-1B Program To “Dis” U.S. Workers!

https://www.washingtonpost.com/politics/us-tells-companies-not-to-overlook-qualified-americans/2017/04/04/87fa4e06-1909-11e7-8598-9a99da559f9e_story.html?utm_term=.fe6b3da5783c

Sadie Gurman reports for the AP:

“WASHINGTON — The Trump administration has issued a stern warning to U.S. companies as they begin applying for coveted skilled-worker visas, cautioning that it would investigate and prosecute those who overlook qualified American workers for jobs.

The message came on the opening day of applications for American employers seeking visas known as H-1B, which are used mostly by technology companies to bring in programmers and other specialized workers from other countries.

“U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims,” Tom Wheeler, acting head of the Justice Department’s Civil Rights Division, said in a statement.

The Obama administration sued companies for violating the Immigration and Nationality Act’s anti-discrimination provisions, including businesses that favored foreigners over U.S. workers. But Monday’s warning in a news release at the start of the visa process appeared to be a first-of-its kind signal to employers not to put American workers at a disadvantage.

U.S. Citizenship and Immigration Services also announced that it would step up its reviews of employers that use H-1B visas, saying “too many American workers who are qualified, willing and deserving to work in these fields have been ignored or unfairly disadvantaged.”

The statements were the latest indication that even legal immigration will be scrutinized under the Trump administration.”

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Interesting that Jeff Sessions and the DOJ’s Civil Rights Division are getting so involved in the H-1B program. Normally, H-1B enforcement would be a matter for the DHS, the U.S. Department of Labor, and the Office of Special Counsel for Unfair Immigration-Related Employment Practices at the DOJ. But, I suppose without any voting rights or police abuse cases to investigate, the Civil Rights Division will have some time on its hands for taking on some new immigration enforcement responsibilities.

Another thought.  Rather than battling the Administration over the H-1B program and threatening to move tech operations to Canada and elsewhere if their demands are not met, why don’t U.S. tech companies and Democrats “think outside the box.”

Why not make areas of the “Rust Belt” with willing workers and high unemployment the new “Silicon Valley East?” Use H-1Bs to re-train U.S. workers for permanent jobs in technology. Build new offices or refurbish abandoned plants. Establish training programs with local community colleges and technical colleges. Fund some opioid addiction treatment programs to get capable workers off of drugs and into jobs where they have some future. Support regional airports in “the hinterlands” that Trump is trying to shut down.

Trump seems only vaguely interested in addressing the real problems of unemployed and underemployed workers. If he actually does succeed in so-called “health care reform,” (that is transferring money from the needy to the rich) their situation will become immeasurably worse. Futile grandstanding like relaxing environmental controls for an “ain’t gonna happen” revival of the coal industry, appointing Gov. Chris “The Bridge” Christie to a form a new governmental committee on opioid addiction, or having Jeff Sessions divert the Civil Rights Division into H-1B investigations aren’t serious attempts to address the issues.

But, so far, the Dems and the leaders of the tech industry have been largely MIA on practical solutions to these problems that Trump seems unlikely to address in any realistic manner. So, while the Dems are tilting at the “Gorsuch Windmill,” which I can guarantee you isn’t a concern for most “Dems turned Trump voters” in the Rust Belt, the opportunity for real leadership, genuine concern for U.S. workers, and demonstrated problem solving is going by the boards. Maybe that’s how Donald Trump became President with 46.4% of the vote.

Just proving once again the Trump might not have to act presidential or accomplish much of positive value to be a two-term President. And, as he has already shown, he can do that relatively easily even if he never attains the approval of the majority of Americans.

PWS

04/04/17