⚖️NDPA NEWS: LEADING “PRACTICAL SCHOLARS” UNITE TO CHALLENGE SCOFFLAW ASYLUM REGS THAT ARE NOTHING MORE THAN “CODIFIED CRIMES AGAINST HUMANITY” — Here’s Their Brief!

From: Wadhia, Shoba Sivaprasad <ssw11@psu.edu>

Sent: Monday, January 04, 2021 1:21 PM

To: immprofslist Professors List <immprof@lists.ucla.edu>; ICLINIC@LIST.MSU.EDU

Cc: Margulies, Peter <pmargulies@rwu.edu>

Subject: [immprof] Amicus Brief on Behalf of Immigration Law Scholars on “Monster” Asylum Rule

 

Dear Colleagues:

 

Happy New Year! I hope you are staying well. We are pleased to share an amicus brief filed in the Northern District of California last week challenging the “monster” asylum rule, published as a final rule in December 2020. We are grateful to the immigration law scholars who signed onto this brief. The brief is focused on three aspects of the rule: 1) expansion of discretionary bars in general; 2) discretionary bars on unlawful entry and use of fraudulent documents in particular; and 3) expansion of the firm resettlement bar. The brief argues that these bars conflict with the immigration statute and further that the Departments have failed to provide a reasonable explanation for departing from past statutory interpretation with regard to these bars.

 

Co-counsel included Loeb & Loeb, Peter Margulies, and myself. We are grateful to the Harvard Immigration and Refugee Clinical Program and other organizations who served as counsel to plaintiffs in this case.

 

Best wishes, Peter and Shoba

 

Shoba Sivaprasad Wadhia (she, her)

Associate Dean for Diversity, Equity and Inclusion

Samuel Weiss Faculty Scholar | Clinical Professor of Law

Director, Center for Immigrants’ Rights Clinic |@PSLCt4ImmRights

Penn State Law | University Park

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Many thanks to Peter, Shoba, Loeb & Loeb, and all the many great minds with courageous hearts ♥️ involved in this effort!

I’ve said it often: It’s time to cut through the BS and bureaucratic bungling that have plagued past Dem Administrations and put progressive practical scholars like Shoba, Peter, and their NDPA expert colleagues in charge of EOIR, the BIA, and the rest of the immigration bureaucracy. It’s also time to end “Amateur Night at the Bijou” 🎭🤹‍♀️and put “pros” like this in charge of developing and implementing Constitutionally compliant, legal, practical, humane immigration and human rights policies that achieve equal justice for all (one of the Biden-Harris Administration’s stated priorities), further the common interest, and finally rationalize and optimize  (now “gonzo out of control”) immigration enforcement.

⚖️🗽Due Process Forever! Cut the BS!💩

PWS

01-06-21