By Paul Wickham Schmidt
Courtside Exclusive
September 16, 2022
There are many “silver linings” surrounding the migrants “orbited” to Martha’s Vineyard as a Jim Crow political stunt. They are in the U.S. exercising their legal rights to apply for asylum. They have not been forced to remain in Mexico in squalid conditions, improperly returned to danger zones without being heard, or imprisoned without trial by DHS in substandard conditions to “punish” them for exercising legal rights.
In Boston, where Immigration Judges grant the majority of asylum cases, they have a much better shot at justice than in disgraceful “Asylum Free Zones” — inexplicably still operated by Garland — like Texas or Georgia. They are also within the jurisdiction of the U.S. Court of Appeals for the 1st Circuit, which often takes seriously its responsibility to enforce the legal and Constitutional rights of asylum seekers against Government overreach. By contrast, the generally extreme right 5th and 11th Circuits often disgracefully “tank” on their responsibilities to enforce the law for those seeking refuge.
As asylum seekers from Venezuela, they have about a 50|50 chance of being granted protection of some type, even in a dysfunctional Immigration Court system tilted against them. With effective legal representation, it’s likely that the majority of them will win relief, and the majority of those will become eligible for green cards and eventual citizenship. In plain terms, most of these individuals are part of our nation’s future hopes and chances for success. They are our future fellow citizens, and not incidentally, taxpayers!
It’s overwhelmingly in our best interests and those of the asylum seekers to be compassionate and welcoming, no matter what the eventual outcome of their cases. Getting them out of the toxic environment created by the GOP in places like Texas and Florida is good for them and for America.
The focus of legitimate state and local governments and NGOs should be on 1) providing food and shelter, and 2) getting individuals representation. The latter is the most important factor in not only increasing court appearance rates to nearly 100% but also increasing chances for a favorable result by four to five times. Fostering representation is actually where government entities seriously interested in rational law enforcement would put resources.
To date, the response of the Martha’s Vineyard community in providing temporary support and by the Massachusetts Government and the Biden Administration in finding the asylum seekers with a place to reside on “the mainland” appears to be working. Everyone interested in a better America in the future should focus on replicating the successful response to this albeit limited situation.
As my friend, humanitarian leader Gary Sampliner, said in his recent WashPost OpEd:
The bottom line is this: If we want to continue to live up to our values, many more of us need to step up to assist the new arrivals. And if we can meet this challenge, we will set an example for the rest of our country to follow.
Americans must focus on helping our fellow humans, bringing much needed functionality to our broken asylum system, while putting grandstanding political thugs in the rear view mirror. Focus on the individuals seeking refuge, their humanity, and their needs. Tune out everything else. That’s the key to success — as a nation and as individual humans!
🇺🇸 Due Process Forever!
PWS
09-16-22