🤯🗽 STUART ANDERSON @ THE HILL: DEMS MISSING THE POSITIVE MESSAGE ON IMMIGRATION: “The loudest voices in the room are usually not the ones with the best solutions.”

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

https://thehill-com.cdn.ampproject.org/c/s/thehill.com/opinion/4627011-biden-should-choose-legal-pathways-over-new-restrictions/amp/

Stuart writes in The Hill:

President Joe Biden would make a mistake if he issued a new executive order to block asylum seekers in the hope of improving his election standing. It is unlikely the order would be lawful or effective. Instead, the Biden administration should focus on policies that have worked by expanding legal pathways. Individuals and families allowed to enter lawfully do not immigrate illegally.

The Associated Press reports, “The White House is considering using provisions of federal immigration law repeatedly tapped by former President Donald Trump to unilaterally enact a sweeping crackdown at the southern border.” The effort shows how pressure over the upcoming rematch with Donald Trump influences U.S. immigration policy.

The president may declare that individuals crossing the southwest border are ineligible to apply for asylum. A court would block it, given the experience when Donald Trump tried a similar approach via regulation.

. . . .

America needs workers. A recent study by economist Madeline Zavodny concluded that the slowdown in the working-age foreign-born starting in 2017 under Donald Trump’s immigration policies (and compounded by COVID-19) likely shaved off a significant amount of real GDP growth in 2022. Real GDP growth, or economic growth, is needed to improve living standards.

Zavodny, an economics professor at the University of North Florida, found that U.S. real GDP growth was lower by an estimate of up to 1.3 percentage points in 2022. In other words, the growth rate was only 1.9 percent but could have been as high as 3.2 percent if “the working-age foreign-born population had continued to grow at the same rate it did during the first half of the 2010s.”

Congress should create temporary work visas for year-round jobs in sectors like hospitality and construction to complement the current seasonal visas that cover jobs mostly in agriculture and summer resorts.

The loudest voices in the room are usually not the ones with the best solutions. On immigration policy, those shouting have called for more enforcement measures, even if such policies are ineffective. The Biden administration should focus on a policy that has worked by expanding humanitarian parole programs and other legal pathways.

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

Read Stuart’s full article at the link!

Unfortunately, the Biden Administration has lacked consistent, dynamic, expert leadership on immigration. Consequently, cycles of modest successful positive steps are followed by irrational, failed “deterrence only.”

The Trump Administration turned immigration policy over to notorious White Nationalist restrictionist Stephen Miller and let him have his way. By contrast, the Biden Administration has shown little leadership on this important issue, despite having access to what is probably the greatest intellectual “brain trust” of proven immigration expertise and innovative “practical scholars” in American history!

Preferring to avoid the discussion, the Administration has bounced aimlessly from modest improvements to proven failed cruelty and repression. It’s what happens when an issue of fundamental values that requires vision, courage, consistency, and creative leadership is improperly relegated to the realm of “political strategy” controlled by those who have never personally experienced the human trauma of failed immigration enforcement feeding into a dysfunctional, due-process-denying “court system.”

Stuart understands the issue far better than anyone I’m aware of in Administration leadership. The Biden campaign should “give him a call” and heed his advice!

🇺🇸 Due Process Forever!

PWS

04-30-24

⚖️🗽 EXPOSING THE “NO SHOW MYTH:” 99% Of Paroled Migrants Checked In With CBP!

Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
Policy Counsel
American Immigration Council
Photo: Twitter

Aaron Reichlin-Melnick reports on X:

@ReichlinMelnick
On May 12, 2023, Border Patrol briefly restarted using humanitarian parole as a mechanism to release migrants as a means of avoiding overcrowding. Of the 2,572 people released that day, 2,545 have since checked in with ICE as required. That’s 99% in total. They didn’t disappear.
Quote
Big Cases Bot
@big_cases
Automated
New filing: “Florida v. Mayorkas (migrant parole policy TRO)” Doc #74: STATUS REPORT Defendants’ Supplemental Report for April 2024 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # 1 Exhibit… [full entry below 👇] PDF: courtlistener.com/docket/6736730 #CL67367309
Show more

The entry's text: STATUS REPORT Defendants' Supplemental Report for April 2024 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # 1 Exhibit Declaration of Donna Vassilio-Diaz, # 2 Exhibit Supplemental Data) (RYAN, ERIN) (Entered: 04/22/2024)

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

So much of the one-sided “border debate” is based on myth rather than reality!

🇺🇸 Due Process Forever!

PWS

04-29-24

🇺🇸⚖️🗽 MARYLAND IMMIGRANT LEGAL ASSISTANCE PROGRAM (“MILAP”) HELPS KIDS FACING THE TRAUMA OF OVERWHELMED IMMIGRATION COURTS!

Cate ScennaDirector of PBRC's Maryland Immigrant Legal Assistance Project (MILAP)
Cate Scenna
Director of PBRC’s Maryland Immigrant Legal Assistance Project (MILAP)
PHOTO: Linkedin

From the Pro Bono Resource Center of Maryland:

Cate Scenna, Director of PBRC’s Maryland Immigrant Legal Assistance Project (MILAP), and Bill Meyer, a longtime volunteer with MILAP, spoke to the Baltimore Banner about the state of the Baltimore Immigration Court, and how the overwhelmed system is affecting asylum seekers’ lives.  

“One group — attorneys with the Pro Bono Resource Center of Maryland — has established a presence on the fourth floor of the George Fallon Federal Building, where the immigration court in Baltimore is located. This is where the five Salvadoran sisters waited.” 

Read more the growing and persistent need for pro bono representation at the Baltimore Immigration Court: https://lnkd.in/et63PTxe

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

A system that lets kids face Immigration Court alone has lost touch with justice and common sense.

🇺🇸Due Process Forever!

PWS

04-28-24

🇺🇸🗽⚖️👍 REPORT FROM KANSAS CITY! — The Sharma-Crawford Clinic Immigration Court Trial Advocacy College Reaches New Heights!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha Sharma-Crawford writes in Linkedin:

The Clinic at Sharma-Crawford Attorneys at Law Immigration Court Trial Advocacy College Faculty, 2024. Kick ass trial lawyers sharing their wisdom and knowledge to elevate the practice before the immigration courts. Blessed to call them all friends! Thank you my friends!! 🙏🏽🗽⚖️💕 

Sharma-Crawford Faculty 2024
Sharma-Crawford Faculty 2024

 

Paul Schmidt Lory Rosenberg Elina Magaly Santana Erich Straub Michael Sharma-Crawford Kelli Stump Lindsay Gray David Bell Kelly Driscoll Nathan Dayani Davorin Odrcic Michelle Saenz-Rodriguez Sarah Owings Genevra Alberti Susan Roy Patrick Lewis Angel Marie Graf

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

Immigration Court Trial Advocacy College Defensive Asylum Day 2! 

 

Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2

It’s incredible to witness the dedication and passion of our attendees as they dive into the world of defensive asylum cases.

 

#TheClinicSCAL #KansasCity #TrialCollege …see more

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

Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Immigration Court can, quite intentionally on the part of its “political handlers,” be intimidating, particularly for newer litigators.

Among the many “user unfriendly/due process denying features:”

  • Arbitrary, “make ‘em up as you go along” rules that apply to individuals, but not to DHS or EOIR;
  • Cosmically inconsistent adjudications;
  • Lack of universal asylum expertise among judges at both the trial and appellate levels;
  • Institutional bias against asylum seekers and failure to follow generous precedents such as Cardoza-Fonseca and Mogharrabi;   
  • Shifting political priorities driving “Aimless Docket Reshuffling” and creating unmanageable backlogs;
  • Permissive lack of discipline at DHS in intentionally overloading system; 
  • Grotesque overemphasis of “bogus productivity” over due process, quality, and fundamental fairness; 
  • One-sided “disciplinary procedures” that give DHS counsel a “free pass;” and
  • A “permissive culture” of racial bias and “any reason to deny” decision-making.  

Yet, despite this intentional, unethical “tilting of the playing field’ against migrants, particularly asylum seekers of color, and their representatives, well-represented individuals win their cases against the odds at all levels of this system every day! 

The faculty of the Sharma-Crawford Immigration Court Trial College is a unique blend of experienced, hard-nosed, gutsy, immigration advocates, criminal defense attorneys, former prosecutors and judges, teachers, and coaches. We teach skills and instill fearless attitudes that have proven to be successful in criminal, civil, and immigration litigation!

 The Trial College now has more the 150 “alumni” nationwide who are using their enhanced talents to force due process on a reluctant system, save lives, and “build America,” one case at a time!  The “Class of 2024” was larger than usual and showed exceptional seriousness, dedication, creativity, and commitment to changing the course of American Justice for the better at the oft-ignored but existentially important “retail level.”

I was particularly pleased to be “reunited” on the faculty with my colleagues and “EOIR Alums” retired Judges Lory Rosenberg, Sue Roy, and “new recruit” Ed Kelly! I also appreciate the courtesy of Assistant Chief Immigration Judge Jayme Salinardi and the  Kansas City Immigration Court in arranging for the students and faculty to observe some Master Calendar hearings.

I am privileged to be part of this amazing and inspiring multi-disciplinary effort! Thanks to Rekha Sharma-Crawford, Michael Crawford, Genevra Alberti, and the Clinic Staff for their leadership in making this happen!😎

Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law
Genevra W. Alberti, Esq.
The Clinic at Sharma-Crawford Attorneys at Law
Kansas City, Mo.
PHOTO: The Clinic

🇺🇸 Due Process Forever!

PWS

04-27-24

😎🗽🇺🇸⚖️ CORNELL LAW’S “PATH2PAPERS PROGRAM” GIVES HOPE TO DACA RECIPIENTS WHILE TRAINING THE NEW GENERATION OF THE NDPA!

 

https://www.lawschool.cornell.edu/news/groundbreaking-path2papers-initiative-receives-1-5-million-grant/

From Cornell Law School News:

News

Groundbreaking Path2Papers Initiative Receives $1.5 Million Grant

pastedGraphic.png

Jaclyn Kelley-Widmer (left) and Steve Yale-Loehr are two of the leaders of the new Path2Papers initiative.
Jaclyn Kelley-Widmer (left) and Steve Yale-Loehr are two of the leaders of the new Path2Papers initiative.

By Chris Brouwer

April 22, 2024

JNews

Groundbreaking Path2Papers Initiative Receives $1.5 Million Grant

By Chris Brouwer

April 22, 2024

Professors Jaclyn Kelley-Widmer and Stephen Yale-Loehr have secured a $1.5 million grant from Crankstart for their groundbreaking initiative, the Path2Papers project. Housed at Cornell Law School, this new nonprofit venture helps DACA recipients in the San Francisco Bay Area pursue work visas and other pathways to legal permanent residency. Cornell DACA recipients can also receive consults through this project.

Since its inception by the Obama administration in 2012, the Deferred Action for Childhood Arrivals (DACA) program has allowed an estimated 600,000 undocumented young migrants who arrived in the United States as children to obtain the right to work and temporary protection from deportation. However, with Congress’s failure to find a legislative solution and legal challenges entangling the program in federal courts, uncertainty looms over DACA’s future.

Path2Papers is one of the only programs in the country that combines experience in employer representation with expertise in evaluating employment-based immigration options for DACA recipients. Coordinated by Kelley-Widmer, Yale-Loehr, and several others, including Dan Berger ’96, an immigration lawyer and nonresident academic fellow at the Law School, the project aims to facilitate the transition of up to 40 percent of the approximately 12,000 Bay Area DACA recipients to alternative lawful immigration statuses. By doing so, it seeks to ensure that even if Congress or the courts terminate DACA, many recipients in the Bay Area can continue to reside legally in the United States, unlocking their full potential.

Path2Papers will employ a multifaceted approach to achieve its objectives. This includes providing personalized legal consultations to DACA recipients, training students and professionals in immigration law, hosting legal information sessions, offering referrals to legal service providers and pro bono attorneys, conducting training sessions for attorneys on handling DACA-related issues, and educating employers about visa options for their DACA employees.

Over the two-year grant period, Path2Papers will establish a robust infrastructure to deliver comprehensive legal assistance to Bay Area DACA recipients. During the first stage of this process, Kelley-Widmer is shifting the focus of her longstanding 1L Immigration Law and Advocacy Clinic to the Path2Papers project. “I’m excited to have the opportunity to build proactive support for DACA recipients through this cutting-edge model while integrating clinical students into the work,” Kelley-Widmer says. “And already, other organizations around the country have reached out about how to replicate this project in their area.” In addition, the project has hired immigration lawyer Krsna Avila ’17, a former clinic student, as a full-time attorney based in the Bay Area.

“This project teaches valuable legal skills to law students while also addressing a real need for a deserving and underserved population,” says Yale-Loehr. “In that sense it fulfills Cornell Law School’s mission of creating ‘lawyers in the best sense.’”

For more information about Path2Papers, visit path2papers.org.

aclyn Kelley-Widmer (left) and Steve Yale-Loehr are two of the leaders of the new Path2Papers initiative.

Professors Jaclyn Kelley-Widmer and Stephen Yale-Loehr have secured a $1.5 million grant from Crankstart for their groundbreaking initiative, the Path2Papers project. Housed at Cornell Law School, this new nonprofit venture helps DACA recipients in the San Francisco Bay Area pursue work visas and other pathways to legal permanent residency. Cornell DACA recipients can also receive consults through this project.

Since its inception by the Obama administration in 2012, the Deferred Action for Childhood Arrivals (DACA) program has allowed an estimated 600,000 undocumented young migrants who arrived in the United States as children to obtain the right to work and temporary protection from deportation. However, with Congress’s failure to find a legislative solution and legal challenges entangling the program in federal courts, uncertainty looms over DACA’s future.

Path2Papers is one of the only programs in the country that combines experience in employer representation with expertise in evaluating employment-based immigration options for DACA recipients. Coordinated by Kelley-Widmer, Yale-Loehr, and several others, including Dan Berger ’96, an immigration lawyer and nonresident academic fellow at the Law School, the project aims to facilitate the transition of up to 40 percent of the approximately 12,000 Bay Area DACA recipients to alternative lawful immigration statuses. By doing so, it seeks to ensure that even if Congress or the courts terminate DACA, many recipients in the Bay Area can continue to reside legally in the United States, unlocking their full potential.

Path2Papers will employ a multifaceted approach to achieve its objectives. This includes providing personalized legal consultations to DACA recipients, training students and professionals in immigration law, hosting legal information sessions, offering referrals to legal service providers and pro bono attorneys, conducting training sessions for attorneys on handling DACA-related issues, and educating employers about visa options for their DACA employees.

Over the two-year grant period, Path2Papers will establish a robust infrastructure to deliver comprehensive legal assistance to Bay Area DACA recipients. During the first stage of this process, Kelley-Widmer is shifting the focus of her longstanding 1L Immigration Law and Advocacy Clinic to the Path2Papers project. “I’m excited to have the opportunity to build proactive support for DACA recipients through this cutting-edge model while integrating clinical students into the work,” Kelley-Widmer says. “And already, other organizations around the country have reached out about how to replicate this project in their area.” In addition, the project has hired immigration lawyer Krsna Avila ’17, a former clinic student, as a full-time attorney based in the Bay Area.

“This project teaches valuable legal skills to law students while also addressing a real need for a deserving and underserved population,” says Yale-Loehr. “In that sense it fulfills Cornell Law School’s mission of creating ‘lawyers in the best sense.’”

For more information about Path2Papers, visit path2papers.org.

 

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

Congrats to all involved at Cornell Law and appreciation to Professor Steve Yale-Loehr for alerting me to this wonderful initiative. This appears to be an approach that could be replicated elsewhere.

🇺🇸 Due Process Forever!

PWS

04-26-24

 

⚖️🗽‼️ ATTENTION NDPA LITIGATORS! — Hamed Aleaziz, Immigration Reporter @ The NY Times Wants To Speak With YOU About The Dysfunctional Mess Facing Asylum Seekers & Their Representatives @ EOIR!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
NY Times

Hamed posted on LinkedIn:

We are looking to connect with immigration attorneys who have clients who crossed the border in recent years and have sought asylum in immigration court.

Specifically, we are looking to talk to asylum-seekers who have waited years/months for their cases to be heard in immigration court and are STILL waiting for a final decision.

Please comment or send me a message if you have a client who would be interested in speaking with us.

Here’s the link to LinkedIn:

https://www.linkedin.com/feed/update/urn:li:activity:7188327072870682624?updateEntityUrn=urn%3Ali%3Afs_feedUpdate%3A%28V2%2Curn%3Ali%3Aactivity%3A7188327072870682624%29

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

I want you
. . . To tell Hamed Aleaziz at The NYT the truth about the “under the radar” mess at EOIR that is systemically treating those with valid claims and sound defenses unfairly and threatens, with its unrelenting disorder and “deterrence bias,” to destabilize the entire U.S. Justice System!
Public Domain

The (largely avoidable), backlog building, due-process-denying mess at Garland’s EOIR is one of the “unsung drivers” of bad immigration policies and myths about migrants, particularly asylum seekers.

To the extent that this glaring problem is covered at all by the so-called “mainstream media,” it’s usually superficial: reference to the 3.5 million case backlog, long delays, and the need for more Immigraton Judges and court personnel. 

Here’s your chance to correct that “cosmetic coverage” by giving Hamed input on the overall unfairness, unnecessary inefficiencies, “user-unfriendliness,” and grotesque lack of overall legal expertise, consistency, and common sense in this broken system! It has improperly become a tool of “deterrence” in behalf of DHS Enforcement and has lost sight of its only proper role of insuring Constitutionally-required due process and fundamental fairness for individuals coming  before the Immigration Courts!

🇺🇸 Due Process Forever!

 

PWS

04-25-24

 

🦸🏻‍♀️🎖️ NDPA SUPERHERO REKHA SHARMA-CRAWFORD HONORED BY ASIAN AMERICAN CHAMBER OF COMMERCE OF K.C. ON THE EVE OF THE SHARMA-CRAWFORD CLINIC’S 7th ANNUAL IMMIGRATION COURT TRIAL ADVOCACY COLLEGE IN KANSAS CITY, MO, April 24-26, 2024

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

Congrats, my friend, on this well-deserved recognition! Kansas City, here I come! On my way, looking forward to seeing you and the rest of the All-Star 🌟 faculty on Thursday!

🇺🇸 Due Process Forever!

PWS

04-24-22

🗽⚖️ TALIA INLENDER IN THE L.A. TIMES:  A Better Immigration System Is Possible, But It Would Take Political Will On the Part Of An Administration That Appears To Be “Walking (Or Running) Away” From Equal Justice For All!

Talia Inlender is deputy director of the Center for Immigration Law and Policy at UCLA School of Law.
Talia Inlender
Deputy Director of the Center for Immigration Law and Policy at UCLA School of Law
PHOTO: UCLA

https://www.latimes.com/opinion/story/2024-04-21/immigration-court-representation-jose-franco-gonzalez

On a sunny January morning, in the windowless office of a nondescript government building, Jose Franco Gonzalez was sworn in as a United States citizen. There is not a lot of good news in immigration these days, with President Biden doubling down on proposals that would gut remaining asylum protections and former President Trump threatening mass deportations. But Franco’s story is a reminder that a better immigration system remains possible. His experience points toward a path for getting there.

. . . .

No system is perfect, and this one is no exception. There remain significant gaps in screening and identification, competency assessments are often done by judges without the aid of professional mental health evaluations, and people still languish in immigration custody for months or longer as their cases wind through the system. And, to our collective shame, the right to legal representation has not been extended to any other groups in immigration proceedings, including children. Still, there is no question that Franco’s namesake litigation not only changed the course of his own life, but also created a sea change in an immigration system that often feels impossible to move toward justice.

The next positive changes may be harder to win in the courtroom, and almost certainly won’t come from the halls of this Congress. But the Biden administration has the power to make good on its promise of a more humane immigration system, including by extending the National Qualified Representative Program to other groups, among them children and families. No court order or act of Congress is required to do so, just political will. And, of course, dollars: Diverting from the nearly $3 billion spent annually on immigration detention is a good place to start.

States and localities can also play a crucial role in expanding legal representation as well as other protections in the face of federal gridlock. And immigrant organizing, especially among youth, will continue to break open new paths for change. As we head into another election cycle in which the demonization of immigrants and the failures of our current system take center stage, Franco — now a U.S. citizen — is living proof that a better immigration system is possible.

Talia Inlender is deputy director of the Center for Immigration Law and Policy at UCLA School of Law.

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

Read Talia’s full op-ed at the link.

Thanks, Talia, for all you do, and for sharing this inspiring “real life saga!” It’s always helpful to know “the rest of the story,” especially when there is a “happy ending.”

The Franco case is a “biggie” in modern immigration due process impact jurisprudence! While it didn’t apply in Arlington, Virginia, where I was sitting as a judge, I certainly remember colleagues assigned to do “TV Court” in 9th Circuit jurisdictions speaking about doing “Franco hearings!”

For a fraction of the cost of more cruel and counterproductive enforcement gimmicks being pushed by both parties in this election year, our nation could make real improvements in the immigration justice system, particularly at EOIR. Tragically, there appears to little political will to do the right (and smart) thing here!

🇺🇸 Due Process Forever!

PWS

04-23-24

🇺🇸🗽👏 FILLING THE GAP:  MIGRATION IN THE AMERICAS PROJECT @ U.W. MADISON: Creative Interdisciplinary Approach Seeks To Provide Migrants With Better Information & Options Before They Reach Our Borders!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law
Sara McKinnonProfessor Pronouns: she/her/ella Email: smckinnon@wisc.edu Sara L. McKinnon is Professor of Rhetoric, Politics & Culture in the Department of Communication Arts, and Faculty Director of Latin American, Caribbean, and Iberian Studies. She is co-chair of the Human Rights Program
Sara McKinnon
Professor, U.W. Madison
Sara L. McKinnon is Professor of Rhetoric, Politics & Culture in the Department of Communication Arts, and Faculty Director of Latin American, Caribbean, and Iberian Studies. She is co-chair of the Human Rights Program
PHOTO: U.W
Jorge OsorioDirector, Global Health Institute Pronouns: he/him/él Email: jorge.osorio@wisc.edu Phone: 608-265-9299 Jorge Osorio, DVM, Ph.D., M.S., is a professor in the Department of Pathobiological Sciences in the School of Veterinary Medicine. Osorio has had a lengthy career in medical sciences, including virology, field epidemiological studies, vaccinology,…
Jorge Osorio
Director, Global Health Institute
Jorge Osorio, DVM, Ph.D., M.S., is a professor in the Department of Pathobiological Sciences in the School of Veterinary Medicine. Osorio has had a lengthy career in medical sciences, including virology, field epidemiological studies, vaccinology,…
PHOTO: U.W.

https://migrationamericas.commarts.wisc.edu/

Migration in the Americas Project

A policy and research collective of the University of Wisconsin-Madison focused on assessing migration policy and developing ways to reduce risk and harm to make movement and residence safer for migrants throughout the Western Hemisphere. We approach this goal from a range of methodologies and perspectives, and share our work in a range of formats including research reports, policy documents, field briefings, narratives and stories, videos, and audio recordings or podcasts. We hope you find our research and information to be helpful in your own work.

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

Get more information on this amazing initiative at the above link.

Also, here’s a link to a video of the recent UW Global Health Symposium, where Sara and Erin explain their truly amazing work in detail (starting at about 1:22 of the video):

https://videos.med.wisc.edu/videos/118169

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

Here’s another related event:

Judges Without Borders.jpeg

I am also proud that my U.W. Law ’73 classmate retired Judge Tom Lister and I will be Erin’s guests at a public luncheon presentation at the U.W. Law School tomorrow (April 23, 12pm-1pm, ) where will will discuss, among other topics related to justice, our concept for “Judges Without Borders.” This innovative idea ties in well and supports the objectives of the Migration In The Americas project of analyzing and providing accurate, unbiased information about the situations of migrants before they reach our border utilizing the huge potential of retired State and Federal judges. 

We hope you will join us if you are in the Madison area! (The room assignment was “pending” when the flyer went to press, so you should call the Clinic or ask at the Law School on arrival for the latest).

Thomas Lister
Hon. Thomas Lister
Retired Jackson County (WI) Circuit Judge

You can read more about “Judges Without Borders” here:

👩🏽‍⚖️👨🏻‍⚖️ ⚖️🗽”JUDGES WITHOUT BORDERS” — An Innovative Open Letter Proposal For Budget-Friendly Assistance With The Humanitarian Situation At & Beyond Our Southern Border By Retired Judges Thomas E. Lister & Paul Wickham Schmidt! 

🇺🇸 Due Process Forever!

PWS

04-22-24

🇺🇸🗽 “REALTIME ECONOMICS: Offering more lawful pathways for US border crossings reduces unlawful crossings!”

Michael A. Clemons
Michael A. Clemons
Senior Researcher
Petersen Institute for International
Economics (“PIIE”)
PHOTO: PIIE

https://www.piie.com/publications/working-papers/2024/effect-lawful-crossing-unlawful-crossing-us-southwest-border

PLAIN LANGUAGE SUMMARY

An increasing number of migrants attempt to cross the US Southwest border without obtaining a visa or any other prior authorization. 2.5 million migrants did so in 2023. In recent years, responding to this influx, US officials have expanded lawful channels for a limited number of these migrants to cross the border, but only at official ports of entry. These expanded lawful channels were intended to divert migrants away from crossing between ports of entry, by foot or across rivers, thereby reducing unlawful crossings. On the other hand, some have argued that expanding lawful entry would encourage more migrants to cross unlawfully. This study seeks to shed light on that debate by assessing the net effect of lawful channels on unlawful crossings. It considers almost 11 million migrants (men, women, and children) encountered at the border crossing the border without prior permission or authorization. Using statistical methods designed to distinguish causation from simple correlation, it finds that a policy of expanding lawful channels to cross the border by 10 percent in a given month causes a net reduction of about 3 percent in unlawful crossings several months later. Fluctuations in the constraints on lawful crossings can explain roughly 9 percent of the month-to-month variation in unlawful crossings. The data thus suggest that policies expanding access to lawful crossing can serve as a partial but substantial deterrent to unlawful crossing and that expanding access can serve as an important tool for more secure and regulated borders.

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

Read the complete report at the above link.

A comprehensive program combining better refugee and asylum processing with more legal pathways for migration that would reward application and processing abroad would improve the situation at the border. Certainly, it would be a much more prudent and effective investment for our Government than simply pouring more money into “proven to fail” militarization, detention, and restrictions on legal asylum.

🇺🇸 Due Process Forever!

PWS

04-21-24

⚖️🗽 WILLIAM & MARY IMMIGRATION CLINIC NOTCHES KEY AFGHAN ASYLUM VICTORIES!🎉👏😎

 

From the William & Mary Law School Clinic Blog:

The Immigration Clinic Wins Two Asylum Cases in One Day

15APR 2024

Last week, the Immigration Clinic secured two asylum victories in one day for our Afghan allies. These cases spanned two academic years, but both cases were granted by the Arlington Asylum Office on the same day.

In August of 2021, thousands of people went to Hamid Karzai International Airport in Kabul, Afghanistan to flee the Taliban. Among those thousands of people were Ms. S*, daughter of an Afghan government official, and Mr. K*, an Afghan attorney, and his wife Mrs. K*. Luckily, they all managed to get on a plane out of Kabul and were evacuated to the United States. When they were resettled to Hampton Roads, Ms. S, Mr. K, and Mrs. K all reached out to the Immigration Clinic for assistance in their cases.

During the 2022-23 Academic Year, Melissa Box J.D. ’23 worked with Mr. and Mrs. K on their asylum cases. Then during the 2023-24 Academic Year, Sarah Nagle, J.D. ’24 worked with Ms. S on her asylum case.

Below, we share the stories behind these lifechanging victories.

Mr. K and Melissa Box, J.D. ‘23

In Fall 2022, Melissa Box, J.D. ’23, was assigned to work on Mr. and Mrs. K’s asylum case.

Melissa was first assigned to write Mr. K’s affidavit for his asylum case. Asylum affidavits require several interviews and meticulous detail about a client’s case. While an asylum applicant’s testimony can, in theory, be enough to prove their case, the written and oral testimony must be consistent and credible. In order to capture the level of detail necessary for his case, as well as accurately prepare an affidavit in his voice, Melissa worked with Clinic Director Professor Stacy Kern-Scheerer to interview Mr. K. Across many interviews over the course of many months, Melissa learned about Mr. K’s career as an attorney, his passion for his work, and the danger he faced because of it.

Through their interviews, Mr. K and Melissa built a deep and lasting rapport. “I was lucky to have the time to make sure I fully understood Mr. K’s life’s story and gain his trust,” Melissa shared before her graduation last year. “I know Mr. K better than some law students I’ve spent years in class with. I know his mannerisms and was able to advocate for him. It really meant a lot when my client told Professor Kern-Scheerer and me that he thought I knew him better than he knew himself.”

After writing Mr. K’s affidavit, Melissa researched conditions in Afghanistan relevant to Mr. K’s case, including the treatment of attorneys and former government employees in Afghanistan. Melissa worked with Clinic Professor Nicole Medved on finding and preparing the country conditions evidence that would best support Mr. K’s asylum claim. This research was critical to contextualizing Mr. K’s fear of returning to Afghanistan.

After the Clinic submitted Mr. K’s asylum case in March 2023, USCIS quickly scheduled Mr. K and his wife for an asylum interview in April 2023, during the last week of classes of the semester. Clinic Director Professor Kern-Scheerer and Melissa prepared Mr. and Mrs. K for what to expect at the interview, and Melissa prepared her closing argument to present to the Asylum Officer for why Mr. and Mrs. K merit a grant of asylum.

Melissa Box, J.D. ’23 (left) and Professor Kern-Scheerer (right) at the Arlington Asylum Office for Mr. and Mrs. K’s Asylum interview (Spring 2023).

During the last week of class, Professor Kern-Scheerer and Melissa accompanied Mr. and Mrs. K to their asylum interview. After a roughly 3-hour hour interview, Melissa delivered her closing argument to the officer. After the interview had finished, there was nothing left to do but wait for a decision on the case.

Ms. S and Sarah Nagle, J.D. ‘24

Ms. S and her family also reached out to the Immigration Clinic for assistance in their asylum case. Ordinarily, children can be included on their parents’ asylum applications so that if the parent wins asylum, the child wins as well. However, Ms. S was too old to be included in her father’s case. Instead, she would have to meet the high burden of asylum all on her own.

This fall, Sarah Nagle, J.D. Class of 2024, was assigned to work on Ms. S’s asylum case. Sarah’s first task was to write Ms. S’s affidavit. Asylum affidavits are a critical piece of evidence because an asylum applicant’s testimony alone can be sufficient to prove their case. Since interviews with Ms. S about her story had already been completed, Sarah worked with Professor Kern-Scheerer to best capture Ms. S’s voice in her affidavit. “Sarah faced a unique challenge in writing Ms. S’s affidavit,” said Professor Kern-Scheerer. “Her assignment was to capture Ms. S’s personality and convey her fears without having heard her tell the story herself. This also underscored the importance of prior students having kept meticulous notes from previous interviews and discussions.  Sarah met this challenge with thoughtful persistence, and wrote an excellent affidavit for Ms. S. ”

“Working on an affidavit was unlike any legal writing I had ever done before,” said Sarah. “Focusing on what was important to Ms. S—family, peace, and a willingness to stand by her convictions—helped anchor me in her perspective. Even though every word of the affidavit was based on her own words, I had doubts about my success until I reviewed the affidavit with her and received a smile, firm nod, and assertive ‘yes’ that I had captured what she wanted to convey. Being entrusted with helping tell someone else’s story was a great honor and fantastic learning experience.”

After completing Ms. S’s affidavit, Sarah next turned to researching conditions in Afghanistan relevant to Ms. S’s case. While it is easier to find evidence about the Taliban’s brutality against former government officials or former members of the military, finding evidence of the Taliban’s violence against their family members is not as simple. Sarah worked with Clinic Professor Nicole Medved next on finding and preparing the country conditions evidence that would best support Ms. S’s claims. This evidence played a critical role in contextualizing Ms. S’s fears of returning to Afghanistan.

In November 2023, after finishing all of the forms, affidavit, and evidence gathering, the Clinic submitted Ms. S’s asylum application to USCIS.

To everyone’s surprise, Ms. S was scheduled for an asylum interview just three weeks later. Sarah and Professor Medved worked closely with Ms. S to prepare her for what to expect at the asylum interview. Sarah also prepared her closing argument for Ms. S, demonstrating how Ms. S’s affidavit and country conditions evidence all prove that Ms. S merits a grant of asylum.

Sarah Nagle, J.D. ’24, reviewing Ms. S’s case prior to her Asylum Interview (Fall 2023).

In December, Professor Medved and Sarah Nagle accompanied Ms. S to her asylum interview in Arlington, Virginia. After Ms. S’s two-hour interview, Sarah delivered her closing argument to the officer.

“Actually getting to speak during a legal proceeding, instead of just observing, was incredible,” said Sarah. “It was really empowering to be trusted with such an important moment in someone’s life, and also reassuring to have Professor Medved right there in the interview with me after having helped me prepare and rehearse the statement!”

After Sarah’s closing argument, all that was left to do was wait. Despite requirements from Congress that her case should be decided quickly, the Clinic’s experience showed that Ms. S would likely wait many more months—or even years—before hearing a decision on her case.

Last week, the Clinic received notice that Ms. S’s asylum case was approved. Ms. S’s case marks the fastest decision ever received on any asylum case the Clinic has submitted.

Then, just hours later, the Clinic received notice that Mr. K’s asylum case was also approved, nearly one year after his asylum interview. With Mr. K’s case approved, his wife Mrs. K was also automatically granted asylum.

Now that their asylum cases have been granted, Ms. S, Mr. K, and Mrs. K can all live in the United States without fear of being forced to return to Afghanistan. They will be eligible to receive lawful permanent residency (their “green cards”) in one year, and eligible to apply for citizenship five years after that.

“My experience at the William and Mary Immigration Clinic was so meaningful,” said Melissa. “I know that I actually had a positive impact on my clients’ lives. It makes me smile when I think of Mr. K calling me his ‘Big Little Sister’ (because I’m taller than him but younger than him). I know my time and work was valued by Mr. and Ms. K.”

“Hearing that my client’s asylum case had been approved was the most incredible, and surreal, experience,” said Sarah. “Because students work in the Clinic for at most two semesters and USCIS usually operates on a timeline far longer than that, I’d gotten very used to the idea that I wouldn’t see the results of my work during my time in the Clinic. But because of the unusually quick turnaround for this asylum case, I got to share the news with Ms. S in an email that contained a lot more enthusiasm than is usually warranted in a legal context. It was a wonderful way to close out my time with this client.”

“We could not be happier for Mr. K, Mrs. K, and Ms. S or prouder of the Clinic students who worked tirelessly to prepare their asylum cases,” said Professor Kern-Scheerer. “Sarah’s and Melissa’s work, and the strong relationships that they built with the clients through their time in the Clinic, is emblematic of the incredible work that our Clinic students do here every day. In this busy season as we wrap up the end of this academic year, we’re grateful for the opportunity to pause and celebrate these lifechanging outcomes.”

Victories like these are made possible by the Clinic’s generous supporters. You can make wins like this a reality for more immigrants in Hampton Roads by donating to the Immigration Clinic.

The Clinic cannot guarantee any particular results for any particular individual or particular case. While the Clinic celebrates our victories, we recognize that each case is unique. Every noncitizen should consult with a licensed attorney about their case if they are concerned about their situation or are interested in applying for any form of immigration relief. The Clinic cannot promise any particular outcome or any timeframe to any client or potential client.

*All client names and initials have been changed for confidentiality and security

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

Many congrats to all involved in more great, life-saving work from the Clinic. Once again, representation, scholarship, and exceptional preparation win the day and help the system improve efficiency and deliver justice! 

My only question is why hasn’t the Government issued “positive precedent” cases dealing with repetitive situations like this?  

🇺🇸 Due Process Forever!

PWS

04-20-24

👩🏾‍🎓GEORGETOWN UNIVERSITY CELEBRATES UNDOCUMENTED STUDENTS!

Adina Appelbaum
Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
Charter Member, NDPA
PHOTO: “30 Under 30” from Forbes

NDPA Superstar 🌟 Adina Appelbaum writes on Linkedin:

Grateful for the opportunity to support undocumented students at Georgetown University tonight to learn about entrepreneurship options available to them as part of Georgetown’s UndocuHoya Month.

As a Georgetown University Law Center and Georgetown University McCourt School of Public Policy alumna, it was an honor to teach these brilliant students about how to navigate the immigration law, business, finance, and tax systems, so that they can become more financially empowered with the opportunities available to them through entrepreneurship.

If only all universities celebrated their undocumented students, and had people like Jennifer A. Crewalk, Ph.D. supporting them, like Georgetown.

Starting the training, it was surreal to speak about my own great grandparents who came to this country with nothing and survived by starting little candy, liquor, and grocery shops in Georgetown.

If they had been immigrants today, they would have been considered undocumented – there just weren’t the immigration laws in place at the time that labeled them as such.

hashtag

#UndocuHoya

hashtag

#Georgetown

hashtag

#HoyaSaxa

hashtag

#georgetownuniversity

hashtag

#georgetownalumni

hashtag

#georgetownalumna

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

Thanks, Adina, for posting this and for contributing your expertise to this program.

Proud to be part of the Georgetown U Community!

“If they had been immigrants today, they would have been considered undocumented – there just weren’t the immigration laws in place at the time that labeled them as such.”

So true for so many of us! How soon we as a nation forget our immigrant history and heritage! 

🇺🇸 Due Process Forever!

PWS

04-19-24

⚖️ SENATE RAPIDLY REJECTS GOP’S FRIVOLOUS “MAYORKAS IMPEACHMENT STUNT!” 

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Source: LA Times website

Andrea Castillo reports for the LA Times:

https://www.latimes.com/politics/story/2024-04-17/senate-impeachment-trial-for-homeland-security-secretary-mayorkas

WASHINGTON — Senators were sworn in Wednesday for their third impeachment trial in four years, this time of Homeland Security Secretary Alejandro N. Mayorkas. 

Three hours later, they had voted along party lines to dismiss both counts against Mayorkas. 

House Republicans, who say Mayorkas has failed to fulfill his duties in upholding immigration law, pushed for a full Senate trial of the case against him. Senate Democrats called the allegations baseless. 

. . . .

“Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment,” Department of Homeland Security spokesperson Mia Ehrenberg said in a statement. “It’s time for Congressional Republicans to support the department’s vital mission instead of wasting time playing political games and standing in the way of commonsense, bipartisan border reforms.”

Ian Sams, a White House spokesperson, added that “President Biden and Secretary Mayorkas will continue doing their jobs to keep America safe and pursue actual solutions at the border.”

Senate Majority Leader Charles E. Schumer (D-N.Y.) sought to accommodate the wishes of Republican colleagues in agreeing to a period of debate before moving to dismiss the case against Mayorkas. 

Engaging in a full trial “would be a grave mistake and could set a dangerous precedent for the future,” he said, urging colleagues to save impeachment “for those rare cases we truly need it.” 

Schumer said the first impeachment article — for “willful and systemic refusal to comply with the law” — does not allege conduct that rises to the level of a high crime or misdemeanor and is therefore unconstitutional.

After breaking to discuss how best to proceed, Republicans began stalling by initiating a series of increasingly far-fetched motions, which failed: 

. . . . 

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

Read Andrea’s full report at the above link.

I’ve often expressed doubts about whether Mayorkas is the right person for the job at DHS. This has been based primarily on his failure to stand up for and effectively implement the legal and moral right to seek asylum, at the border and in the interior, and his lack of leadership and creativity in addressing backlogs at DHS. But, that’s hardly a basis for impeachment.

The GOP is a party of insurrection and lawlessness, particularly in their attempts to eradicate the rights of asylum seekers, led by a man with absolutely no respect for the rule of law except where it personally benefits him. The GOP House has failed to constructively address a number of important governance issues, including Ukraine aid, while finding time for this wasteful nonsense. For the scofflaw GOP to pursue frivolous charges of impeachment against Mayorkas for not “complying with the law” has to be one of the greatest examples of “chutzpah” in recent political history. 

🇺🇸 Due Process Forever!

PWS

04-17-22

🤯 HAD ENOUGH “BORDER BLATHER” FROM GOP NATIVISTS AND THE “WOBBLIES” 🐥 @ THE BIDEN CAMPAIGN? — ⚖️👏🗽 Get The “Real Skinny” As Melissa Del Bosque Interviews Immigration Policy Expert Aaron Reichlin-Melnick @ The Border Chronicle! —  NO, The Prez Can’t “Waive A Magic Wand” 🪄 & “Close The Border!” 🔐

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com
Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
Policy Counsel
American Immigration Council
Photo: Twitter

https://open.substack.com/pub/theborderchronicle/p/can-president-biden-really-shut-down?r=1se78m&utm_campaign=post&utm_medium=email

From The Border Chronicle:

pastedGraphic.pngLast Tuesday, in an interview with Univision’s Enrique Acevedo, President Joe Biden again said he’s considering issuing an executive order to ban asylum at the border. It’s an idea that Biden has floated before as the presidential election season slogs on, and after the bipartisan border bill meltdown in Congress. “We’re examining whether or not I have that power. Some are suggesting that I should just go ahead and try it,” Biden told Acevedo. “And if I get shut down by the court, I get shut down by the court.”

If Biden were to do such a thing, he would rely on Section 212 (f) of the Immigration and Nationality Act (INA), which gives a president the authority to suspend entry or place restrictions on noncitizens.

If this sounds familiar, it’s because Trump tried this several times during his presidency, most notably with the xenophobic Muslim ban. None of them were successful, and they only injected more chaos into an already beleaguered immigration system. So why is Biden proposing this idea now? The Border Chronicle spoke with immigration expert Aaron Reichlin-Melnick, policy director at the American Immigration Council, about Biden’s proposal and what an asylum ban would mean for asylum seekers and border communities.

Biden is floating the idea of issuing an asylum ban. How will this impact people seeking asylum at the border? And can the president actually, you know, just shut down the border?

So I’ll start with the second question. The answer is no. Though there are some authorities that get you somewhere close to it, like Title 42. But it’s important to understand the distinction between the legalistic aspect of issuing an order that further bans crossing the border and actually, effectively shutting down the border.

The best example of issuing an order that I would point to is President Trump’s 212 restriction from November 2018, through February 2021, which suspended the entry of all migrants crossing the border illegally. So we already know what it looks like when a president invokes Section 212 (f) of the INA to suspend the entry of migrants. What it looks like is nothing, because nothing happened. And that is because it is already a violation of immigration law to cross the border without inspection. And so adding another reason, you know why that’s not allowed, doesn’t have any practical impact on people who simply walk across the border or wade through the river or climb over a wall. Because the important question is not whether a person is committing an unlawful act by crossing. The important question is, what can the U.S. government do to respond once a person is on U.S. soil? This is why Section 212 (f) is not a good tool for addressing irregular migration.

The other question is, how does that affect people seeking asylum? Well, not very much. We saw this with the Trump administration, in order to carry out their 212 ban. They had to do two things: They had to issue the proclamation suspending the entry of migrants. And then separately, they passed a regulation saying, we are going to ban asylum to anyone who crosses the border in violation of the proclamation. And it’s that regulation that got struck down as unlawful with a court in California, and then the Ninth Circuit saying and affirming that what that amounted to was a total ban on asylum for people who enter the country illegally, which is simply not permissible, because the INA says people, no matter how they arrive in the United States, may apply for asylum.

Photo courtesy of Aaron Reichlin-Melnick

Share

I think people often forget about this, right? I mean, the law says that you can arrive anywhere at the border and ask for asylum.

You can arrive anywhere, and you can have any status. You can be documented, undocumented, you can enter legally or illegally. The key issue is whether or not you are physically present in the United States. And in that case, then they are allowed to apply for asylum. Now, the Biden administration has imposed an asylum restriction that does target people primarily by how they enter the United States. It is currently on appeal at the Ninth Circuit, and the legality of it is not entirely clear. This is the circumvention of lawful pathways rule from last May. The Biden administration basically argued that it wasn’t a total ban on asylum, because it wasn’t technically based on the manner of entry, so it didn’t violate the INA. I think that was a weak argument, though.

If Biden were to implement the ban, would it impact legal migration?

Probably not at all. This would be a restriction, like the Trump restriction, that would apply only to migrants who cross the border between ports of entry, not those who go to ports of entry. So it would probably have no impact at all on legal migration. The crucial thing to understand is that, as a practical matter, even if they do manage to get an asylum restriction in place, which passes court muster, actually carrying out that restriction on migrants at the border is a very different story. And as we are seeing today, with the circumvention-of-lawful-pathways rule, even if you have banned asylum to nearly everybody crossing the border illegally, that does not actually mean that nearly everyone who crosses the border illegally is restricted from seeking asylum.

What impact could the asylum ban have on border communities? Do you think we’d see a buildup of people on the Mexican side and in camps just sort of waiting and trying to figure out what to do?

Anytime a new policy goes into effect, there’s a wait-and-see period. The Biden administration is already maximizing credible fear interviews. So it wouldn’t have a major change on how people are processed at the border. Other than that, the few 15 percent who were even put through credible fear, they would get denied. But even then, not all of them would get denied because, crucially, an asylum ban is discretionary. It’s just an asylum ban, and there’s more to humanitarian protection than just asylum that migrants can potentially invoke to avoid rapid removal or deportation proceedings. There’s withholding of removal, which is a form of asylum that’s harder to win and offers fewer benefits. And there’s protection under the Convention against Torture. So even today, people who are not eligible for asylum are still managing to pass their fear screenings because they could demonstrate eligibility for withholding or eligibility for protection under the Convention against Torture.

So, realistically speaking, having this asylum ban applied to 100 percent could mean only a few hundred people more a month being ordered removed. Not a huge shift. But for those people, obviously a very, very dramatic change. The question then is, how does the Biden administration talk about this? Does the ban discourage some people from showing up? You know if they falsely believe that this is a major shift? And, of course, how does Mexico respond?

These are the questions that are more important, because with Section 212 (f), I don’t see a way for the president to re-create something like Title 42, where people are simply expelled back across the border without being able to seek asylum. Even the Trump administration acknowledged that that’s not something that they could do with Section 212 (f).

Share

What strategy do you think Biden’s using here by floating this idea? Is it purely for political reasons? Because it’s an election year?

I don’t know. I think there’s a reason that they haven’t done anything yet. And that reason is likely to do with the fact that the lawyers have probably explained to Biden what happened when Trump tried and how unsuccessful that was.

Has the narrative around immigration and the border become so removed from reality that it’s just not helpful at this point?

Yes, I do think so. People want an easy solution, you know, build the wall, what have you, and are not acknowledging that this is an issue that the United States has been facing for, in its modern form, for 15 years. If you go back further, 100 years, really, ever since we first made it illegal to cross the border, we’ve been dealing with the challenges of how do you enforce that law? If you go back to the late 19th century, when Congress passed the Chinese Exclusion Act, the United States created a Bureau of Immigration where they had an entire division whose job it was to try to stop Chinese people coming in from Mexico and Canada. And then, in the early 20th century, the biggest issue at the southern border was Mexican migrants crossing the border without permission. We have a nearly 2,000-mile land border on the south and a 3,000-mile land border on the north. That is a lot of territory to patrol even in a modern world with technology. And the United States has been through a period of high migration for 40 out of the last 50 years. For 40 years it was Mexicans, not entirely, of course, and there were Central Americans during the death squad years of the 1980s, who came to the United States for safety.

But the real shift that’s happened in the last three years has been people from further abroad. And it is just a challenging issue in a world that is more interconnected and hypermobile than at any point in human history. And we have to acknowledge that complexity when we talk about how to address this issue.

I think when people are talking about, you know, just shutting down the border, they forget about the billions in trade and citizens from both sides who are crossing the border every day.

Right, exactly. Oftentimes, people don’t even think about that, you know, most people don’t know that about the half a million people who enter the United States every single day at the southern border. That’s at least 16 million entries a month. And that’s people legally crossing back and forth for school, for work, for commerce, or tourism. So when people say, “Let’s shut down the border,” they mean to migrants, but they’re not thinking about the rest of it. And you have to go back to this question of, is that something the United States can do or wants to do? Let’s say you build a Berlin Wall with, you know, gun towers, and Trump’s moat filled with alligators and shoot migrants in the legs. That probably would deter some people. But then are you a country that is murdering people for trying to seek a better life? Do we want to be that kind of country?

So here’s a really tough question. Do you have any solutions?

An overwhelming majority of people who would like to come to the United States have no legal pathway to do so. Alternate pathway strategies are key. This puts a focus on those who haven’t yet made the decision to leave. I think it’s important to put that in that framework. Because once people have already left, they have sold their house, they’ve abandoned the lease, they, you know, liquidated a lot of their savings, they may have sent a child to a parent or an aunt or uncle. All of which means, at that point, that simply going back becomes much harder.

We also have to address the root causes for why people leave their home countries, which is the hardest to do, of course. This would require the United States to reckon with its own record of foreign policy in Latin America, which is something a lot of politicians do not want to do. Alternate pathways are a good middle ground there, because you can give people an opportunity to come to the United States temporarily and legally without breaking any laws, starving the smugglers of resources. And making it easier for people to get here without falling into the hands of bad actors.

Once people are at the border, though, it’s a different story. There have to be better options for people to cross legally at ports of entry. People still need the opportunity to seek asylum. But there should also be an enforcement component for people who don’t fall within our asylum laws. Right now, the issue is that the system can’t easily distinguish at the border between those who have slam dunk asylum claims from those who just want to come here for a better life. And that is because for years Congress has failed to provide enough resources to the asylum system, humanitarian protection, systems screening—all of that is grievously underfunded and has been for decades.

Given the scale of migration we see today, the system has buckled under its own weight. So, we have to build the system back up and allow it to function. And that means delivering a yes in a reasonable time and delivering a no in a reasonable time regarding asylum claims. You know, it shouldn’t take seven years.

And it’s important to keep reminding people that these issues didn’t just start in 2020 with the Biden administration.

This is not a new issue. And it’s one that requires us to think outside of a partisan lens. This is about U.S. government capacity, the underlying legal structures, and U.S. foreign policy across the region, which has gone on for generations. The underlying legal authorities haven’t changed in decades. And the external circumstances have changed dramatically.

The ability of migrants to get to the border is easier than it has ever been. Flights are cheaper, and people have cell phones and Google Translate. In the past, if you wanted to get to the border, you would need to speak some Spanish, you would need to know someone. Now you can find all the information online. You can find it circulating on WhatsApp, Telegram or TikTok. And once you’re in a foreign country, you know, if you’re an African migrant who speaks French when you come through Mexico, you can use Google Translate to talk to other migrants and find out what they know. And so moving and migrating across the world is easier now than it has ever been. And that’s not necessarily a genie that we can put back in the bottle. And I think people need to acknowledge that and start thinking more broadly about what that means for the modern world.

Support independent journalism from the U.S.-Mexico border. Become a paid subscriber today for just $6 a month or $60 a year.

Subscribed

Thank you for subscribing and supporting The Border Chronicle. Please share this post with your friends and help us become sustainable. We appreciate your support!

Share

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

Undoubtedly, as noted in this interview, “the narrative around immigration and the border [has] become so removed from reality that it’s just not helpful at this point.”

The nativist GOP doesn’t want to acknowledge the reality of immigration, including by refugees and asylees, its inevitability, and its proven long-term benefits to America.

By contrast, Dems are afraid of the reality of immigration and too politically timid to stand up for the right to apply for asylum.

What both parties have in common is that they are perfectly willing to accept the benefits of immigration of all types — after all, this is a nation of immigrants — while denying the very humanity and the legal and human rights of those courageous and talented individual immigrants, of all types and statuses, who have built our nation and continue to do so. 🤯🤮👎🏽

🇺🇸 Due Process Forever.

PWS

04-17-24

🤥🤥🤥🤥 GOP BIG LIES ABOUT BIDEN PAROLE PROGRAM EXPOSED — AGAIN! — WashPost Fact Checker Glenn Kessler Gives Nativist Nonsense Spread By Corrupt GOP Politicos 🤮 Four (4) Pinocchios!

 

Glenn Kessler
Glenn Kessler
Fact Checker
WashPost
PHOTO: WashPost

https://www.washingtonpost.com/politics/2024/04/05/taxpayer-dollars-being-used-fly-illegal-aliens-nope/

Kessler writes in WashPost’s “Fact Checker:”

By Glenn Kessler

April 5, 2024 at 3:00 a.m. ET

“Do you support American taxpayer dollars being used to fly illegal immigrants from countries like Venezuela and Haiti into America to be settled in cities and towns near you? If so, then vote against me. Vote no to preserve this practice of using taxpayer dollars to charter planes that move and import thousands of illegal aliens into your states.”

— Sen. Bill Hagerty (R-Tenn.), in a speech on the Senate floor, March 23

“Have you had to cancel or rethink any upcoming summer trips because of high prices? Don’t worry — your taxpayer dollars will be used to pay for illegal immigrants to fly into a town near you.”

— Rep. Mark Green (R-Tenn.), chair of the House Homeland Security Committee, in a post on X, April 2

Two lawmakers from Tennessee have issued misleading statements about a Biden administration program that permitted an increased use of a process known as humanitarian parole for migrants from Cuba, Haiti, Nicaragua and Venezuela. Hagerty offered an amendment to a spending bill — defeated in a party-line vote — that he said would prevent taxpayer dollars from being used to fly in migrants. Green, on X, posted a Fox News article — headlined “All Senate Dems vote against barring taxpayer funds to fly illegal migrants to US towns” — and made a similar claim.

Under the Biden program, people from these countries who try to cross the border without the proper paperwork are ineligible for parole and subject to expulsion. Instead, before arriving, they must receive authorization to travel to the United States and a statement of financial support from a sponsor.

As of the end of February, the Department of Homeland Security says, more than 386,000 people from those countries had arrived lawfully in the United States and another 19,000 were vetted and authorized to travel. In other words, they are not in the country illegally, despite the rhetoric in the statements.

And beyond the question of whether these immigrants are “illegal,” if you listen to Hagerty and Green, U.S. taxpayers are footing the bill for their travel. That’s wrong.

. . . .

Four Pinocchios
Four Pinocchios
Source: WashPost

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

Get all the relevant facts in the complete report at the link!

Dems appear “chronically afraid of touting success” when it comes to immigration. These programs show that with leadership, creativity, and coordination, robust, realistic legal immigration programs will garner public support, be cost effective (particularly when compared with expensive, wasteful, ineffective, cruel “detention and deterrence”), take pressure off the border, and maximize America’s ability to capitalize and maximize the benefits of human migration.  

Despite the GOP’s disingenuous denial, human migration, including forced migration, is a reality! The countries that eschew “GOP-style” fear-mongering, xenophobia, and nativism to work with and manage human migration in an orderly, fair manner will own the future.

🇺🇸 Due Process Forever!

PWS

04-16-24