⚖️🗽 INTERNATIONAL HUMAN RIGHTS EXPERTS PROFESSORS KAREN MUSALO & AUDREY MACKLIN LAMBASTE ADMINISTRATION’S EXPORT OF TRUMP’S CRUELTY TO THE NORTHERN BORDER! — LA TIMES —  “[M]ost tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.“☠️⚰️

 

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law
Professor Audrey Macklin
Professor Audrey Macklin
University of Toronto
Law Faculty
PHOTO: U of Toronto

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwici4Gv7YP-AhWXFFkFHd8TDXYQFnoECA4QAQ&url=https%3A%2F%2Fwww.latimes.com%2Fopinion%2Fstory%2F2023-03-29%2Fsafe-third-country-policy-at-canada-united-states-border-hurts-asylum-seekers&usg=AOvVaw0lGBjB9cBDdxHBiQnCQ5Zc

At almost 4,000 miles, the United States’ northern border is about twice as long as the U.S.-Mexico border — much of it wild, unmarked and dangerously cold for half the year. And yet, human smuggling and deaths at the U.S.-Canada border have not been a major phenomenon, as they have been down south. Nor has Canada poured billions of dollars into a network of walls, fences, robotic dogs and militarized border patrol. It is also true that historically the number of asylum seekers and migrants seeking entry to Canada has been relatively low.

But the ills of the U.S.-Mexico border seem bound to spread northward, now that Canada reached a deal with the Biden administration to expand a 2004 agreement to repel Canada-bound asylum seekers back to the United States (and vice versa).

As U.S. policies toward asylum seekers grew harsher from 2017 on, the number attempting to enter Canada increased. Instead of appealing to its southern neighbor to do better, Canada is coordinating with the U.S. to pass the buck on the legal obligation to protect refugees, which both countries undertook when they signed the Refugee Convention and Protocol more than 50 years ago. Their current approach foists responsibility onto poorer, less stable countries that are already doing more than their share.

Both the U.S. and Canada have pursued this under a “safe third country” rule, which enables a country to return asylum seekers to a nation they have passed through on their journey if it is considered safe and deemed to have a fair process for seeking protection. That “safe third country” then has the responsibility to determine their claims.

. . . .

This has been labeled a crisis, but it simply isn’t, especially when one considers that 85% of the world’s refugees are hosted in lower- and middle-income countries. Furthermore, Canada knows how to manage refugee inflows decently when it chooses to do so: Over 160,000 Ukrainian refugees have been welcomed during the past year.

. . . .

The Safe Third Country Agreement and related policies subvert the obligations to which Canada and the U.S. are subject under international refugee law. They undermine the existing global system of protection. But most tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.

Karen Musalo is a law professor and the founding director of the Center for Gender and Refugee Studies at UC Law, San Francisco. Audrey Macklin is the director of the Centre for Criminology and Sociolegal Studies at the University of Toronto.

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

Read the complete op-ed at the link.

Predictably, bad things happen when the border is closed to legal asylum seekers! Illustrating the point made by Professors Macklin and Musalo, the bodies are already being found along the Northern border.  See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=071fc539-98b4-49fc-9656-26412f42e79b.

The obvious answer is to establish a fair, timely, generous asylum adjudication system at ports of entry and to dramatically increase the number of legal refugees who can come from countries in Latin America, particularly the Northern Triangle. If you build a functional legal refugee and asylum system refugees will use it.  Why wouldn’t they?

A legitimate refugee and asylum system results in permanent admission with permission to work that leads to green cards and, eventually, citizenship for those who choose the latter. It’s quite different from ad hoc, nationality and numerically limited use of discretionary “parole” stratus. Parole status lacks transparent criteria, does not necessarily prioritize refugees and asylees as the law requires, and most seriously has no “built in” path to permanent status. 

Consequently, “parolees” must either apply under a incredibly backlogged asylum system in the U.S. — thus guaranteeing delay and unnecessarily adding to the already monster backlog — or find themselves “in limbo” after two years and clearly becoming both a target and “political football” for restrictionists. And, there can be little doubt that even if the Biden parole program survives pending court challenges, it will immediately be terminated by any future GOP Administration.

Making the existing legal system work in a durable, fair, and properly generous manner to protect refugees is clearly the way to go! It would be hugely beneficial to both both the refugees and our nation! Why the Biden Administration insists on scofflaw “deterrence only” gimmicks that advance the racist/nativist agenda of the losers of the 2020 election is beyond me!

🇺🇸 ⚖️🗽 Due Process Forever!

PWS

04-02=3-23

🌟🗽⚖️🦸🏻  NDPA SUPERSTAR LAURA LYNCH CONTINUES TO RISE — CONGRATS ON HER NEW POSITION AS SENIOR COUNSEL, BORDER & IMMIGRATION, SENATE HOMELAND SECURITY & GOVERNMENTAL AFFAIRS COMMITTEE! —She’ll Have Her Work Cut Out, As Biden Administration Takes “Toxic War On Asylum Seekers” To The Canadian Border!☠️

Laura Lynch
Laura Lynch
Senior Counsel, Border & Immigration, for the Senate Homeland Security & Governmental Affairs Committee

Laura writes:

I’m happy to share that I just started a new position as Senior Counsel, Border & Immigration, for the Senate Homeland Security & Governmental Affairs Committee.

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

Laura most recently was Senior Immigration Policy Attorney at the  National Immigration Law Center. Prior to that, she held a similar position at the National Office of the American Immigration Lawyers Association. 

She’ll have her work cut out for her! As “leaked” yesterday, President Biden is “celebrating” his trip to Canada by expanding the existing “Safe Third Country Agreement” with Canada to allow summary turn back of asylum seekers without hearings at any point along the 4,000 mile plus border!

Experts on both sides of the border decried this latest gimmick designed to speed the demise of the legal asylum and refugee systems at the border.

Internationally-recognized expert Professor Audrey Macklin of University of Toronto School of Law, a former member of the Canadian Immigration and Refugees Board, told the NY Times:

“But they have to know that anything that closes off ways of entering only amounts to a job-creation program for smugglers and a kind of stimulus package for militarizing the border.”

https://www.nytimes.com/2023/03/23/world/canada/biden-migration.html?smid=nytcore-ios-share&referringSource=articleShare

It’s also likely to increase business for body bag makers and undertakers as desperate asylum seekers are discouraged from turning themselves in to enforcement at or near the border. Instead, this untimely expansion appears “ready made” to encourage asylum seekers to hire smugglers and attempt ever more dangerous journeys into the interior of  both the U.S. and Canada to achieve “do it yourself/extralegal refuge.”

Another potential problem: Canada’s Federal Court has already rejected the previous, much more limited, version of the “Safe Third Country Agreement” on the basis that it violates Canada’s obligations under international law. That case currently is pending before Canada’s Supreme Court.

It’s past time for some Senate oversight of the Biden Administration’s disgraceful failure to honor due process, domestic law, and international law by establishing a safe, fair, orderly, and humane asylum and refugee adjudication and admission system as they promised before taking office! I hope Laura can spur some Congressional action (not just rhetoric) on this existentially important issue where the Administration’s lousy approach threatens both democracy and human lives.

Congrats again, and good luck, Laura!

🇺🇸 Due Process Forever!

PWS

O3-24-23

🤯🏴‍☠️🤡🤮👎🏽INCOMPETENCE WATCH: Lacking Integrity & Skills To Follow The Law, Tone-Deaf, Dangerous,  & Disingenuous Biden Immigration Officials Consider Additional Massive Violations Of Human Rights For Asylum Seekers! — ACLU & NDPA Ready To Resist Administration’s Latest Unwarranted Assaults on Human Rights, Common Sense, & Human Decency!

Stephen Miller Monster
Who would have thought that the Biden Administration would be dumb and treacherous enough to let this neo-Nazi xenophobe and refugee hater “own” human rights “policy” in a Dem Administration? But, it appears they have! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

https://www.nytimes.com/2022/12/01/us/politics/biden-immigration-asylum-restrictions.html

From Michael Shear & Eileen Sullivan the NY Times:

WASHINGTON — The Biden administration is considering substantial new limits on the number of migrants who could apply for asylum in the United States, according to people familiar with the proposal, which would expand restrictions similar to those first put in place along the border by former President Donald J. Trump.

The plan is one of several being debated by President Biden’s top aides as the country confronts a high number of illegal crossings at the border. It would prohibit migrants who are fleeing persecution from seeking refuge in the United States unless they were first denied safe harbor by another country, like Mexico.

People familiar with the discussions said the new policy, if adopted, could go into effect as soon as this month, just as the government stops using a public health rule that was put in place at the beginning of the coronavirus pandemic by the Trump administration and became a key policy to manage the spike in crossings during Mr. Biden’s tenure. A federal judge has ordered the administration to stop using the health rule on Dec. 21.

But the idea of broadly prohibiting migrants from seeking asylum strikes directly at the heart of decades of American and international law that has shaped the United States’ role as a place of safety for displaced and fearful people across the globe.

. . . .

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

Read the complete article at the link.

[U.S. District Judge Emmet ]Sullivan wrote that the federal officials knew the order “would likely expel migrants to locations with a ‘high probability’ of ‘persecution, torture, violent assaults, or rape’ ” — and did so anyway.

“It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals,” Sullivan wrote. “It is undisputed that the impact on migrants was indeed dire.”

What part of Judge Sullivan’s very clear ruling on their “crimes against humanity” and knowing violations of U.S. and international law doesn’t the “Biden Administration Clown Show” 🤡 understand? Just follow the asylum law and due process, already! If you can’t do that, resign and let folks who can do the job (of which there are plenty out here in the “real world”) take over and do the job you have been failing at for two years!

In any event, the talent is out here in the private/NGO sector and will resist this latest insult to humanity and degradation of the rule of law and due process that Administration officials are “pondering!” “Studying and deciding whether or not to violate the law (again)?” Sounds like a potential criminal conspiracy to me! 

In any event, expert litigators like Lee Gelernt of the ACLU and other NDPA superstars are prepared to “beat the Biden Administration’s brains (if any) out” in court again if they try to implement any more of their illegal and immoral immigration gimmicks!

“If the Biden administration simply substitutes the unlawful and anti-asylum Trump transit ban for Title 42,” Mr. Gelernt said, “we will immediately sue, as we successfully did during the Trump administration.”

The Chair of the Senate Foreign Relations committee was also “not on board” with the Biden Administration’s latest harebrained ideas on diminishing human rights that they have substituted for basic competence over the past two years of disasters, and unforgivable policy screw-ups on immigration, human rights, and racial justice issues:

“If the reported story is true, the Biden administration would further step away from our nation’s commitment to offer refuge to asylum seekers,” Senator Bob Menendez, Democrat of New Jersey and the chairman of the Foreign Relations Committee, said in a statement on Thursday. “I will firmly oppose this misguided attempt to rewrite our asylum laws without congressional approval, just as I firmly opposed the same efforts under President Trump.”

I also have to wonder how Judge Sullivan will react when he learns how Biden Administration officials are using his “reluctantly granted” five weeks of delay in implementing his “cease and desist order.” Instead of, at long last, getting their collective tails in gear to finally put in place a competent legal system for re-establishing legal asylum at the southern border, these disgraceful petty bureaucrats and so-called “policy” officials have been scheming to evade the rule of law and commit yet more “crimes against humanity.”

The NDPA is not going to let them get away with it. Even if it means ripping apart the “so-called Democratic Coalition” going into the 2024 elections!

 

🇺🇸 Due Process Forever! Tyranny & Stupidity From either Dems or the GOP, never!

PWS

12-05-22

📦OUTSIDE THE BOX: THE BIDEN ADMINISTRATION SHOULD USE REFUGEE ADMISSIONS + NON-GOV SPONSORSHIPS TO START BREAKING THE LOGJAM @ OUR SOUTHERN BORDER — & THE RESULTING BOON TO SMUGGLERS & HUMAN TRAFFICKERS — CAUSED BY SCOFFLAW RIGHTY FEDERAL JUDGES & CORRUPT GOP NATIVIST AGs!

 

https://www.washingtonpost.com/outlook/2022/07/18/refugee-sponsored-ukraine/

Americans should be able to sponsor refugees who can stay permanently

The U.S. does too little for too few, but Canada has a program worth adopting and improving

Perspective by l

July 18, 2022 at 5:00 a.m. EDT

The war in Ukraine has created one of the biggest refugee crises since World War II, with about 7 million people fleeing the country. While some have since returned, and some have settled elsewhere in Europe, there are still many in need of a permanent haven. Unfortunately, the American refugee system is proving to be of comparatively little help.

Even before President Donald Trump, the refugee resettlement process was slow and cumbersome, but Trump made things much worse by slashing the annual refugee quotas to a low of 18,000 for fiscal 2020 and 15,000 for fiscal 2021, before Biden increased it, which in turn led many resettlement organizations to shut down or scale back. President Biden raised the 2021 cap to 62,500 in May of that year — and set a cap of 125,000 for 2022 — but has not been able to restore the resettlement infrastructure that Trump undercut. As a result, the higher quotas remain largely unfilled, with a record-low 11,411 refugees admitted in 2021, even though many more would love to come. Even in the current fiscal year, the administration expects to fall far short of its target, Axios reports.

The Biden administration has tried to ease the logjam — at least for Ukrainian victims of Russian aggression — by creating the Uniting for Ukraine program, under which private citizens can sponsor Ukrainian refugees. Ukrainians wishing to enter must first get a U.S.-citizen sponsor, who has to prove that they can financially support the new arrival for two years; they must also pass certain health and security checks. The Ukrainians can seek permission to work but may stay for only two years. U.S. sponsors have filed applications on behalf of some 60,000 Ukrainians under this policy. The administration has pledged to help at least 100,000 Ukrainians relocate overall.

The war in Ukraine is on track to be among modern history’s bloodiest

The program is a decent start, but it could be improved by adapting a similar, better-run Canadian program.

Since 1979 — inspired by the massive numbers of people displaced by the Vietnam War and its aftermath — Canada’s Private Sponsorship of Refugees program has allowed ordinary people and community groups to support refugees financially and otherwise for 12 months (or until the refugee is self-sufficient, whichever comes first). Sponsors can include private citizens working together (a “Group of Five”) or a group that holds a sponsorship agreement with the Canadian government, such as a religious institution or cultural organization. In an important contrast with the U.S. program, the refugees can stay permanently after the sponsorship period, and the program is not limited to people from specific nations. The combination of monetary assistance with more personal support, such as helping refugees find language classes or sign their children up for schools, gives the refugees a chance to hit the ground running. The recipients of private aid must be a refugee as defined by the United Nations (or according to a few other criteria). In 2022, Canada’s target number for privately sponsored refugees is 31,255, while the goal for government-sponsored refugees is 19,790. Relative to Canada’s population size — just over a tenth that of the United States — these figures are several times higher per capita than Biden’s unmet quota of 125,000.

. . . .

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

Read the full article at the link. 

Creative “out of the box” thinking, innovation, practical solutions, expertise, bold moves, and moral courage have been largely lacking in the Biden Administration’s approach to refugees and asylees.

While the authors seem largely focused on the plight of Ukrainian refugees, there is no reason why their proposal couldn’t be used for many refugees of color from Haiti, Latin America, and elsewhere at the Southern border.

Additionally, there are no known legal avenues for racist GOP AGs and GOP scofflaw Federal Judges to successfully challenge refugee admissions. Doesn’t mean they won’t try.  But,  the DOJ should be able to fend off the effort.

Undoubtedly, out of control righty judges have helped GOP states with ugly White Nationalist xenophobic agendas to improperly seize control of  immigration policy from Congress and the Executive. https://www.cbsnews.com/news/immigration-biden-republican-states-lawsuits/. Their target — individuals of color and women — is clear.

The result — an ungodly mess that empowers cartels and smugglers while putting “life or death” decisions in the hands of lower level bureaucrats  who can act arbitrarily and without effective guidance — is totally unacceptable and a mockery of the rule of law. The Administration must use every tool at its disposal to resist this dangerous right-wing judicial overreach that undermines democracy.

🇺🇸 Due Process Forever!

PWS

07-24-22

🏴‍☠️☠️🤮⚰️IS THIS HOW WE WANT TO BE REMEMBERED BY FUTURE GENERATIONS? – America “is no longer committed to basic standards of decency!”

 

https://www.washingtonpost.com/opinions/canada-gives-americas-treatment-of-refugees-a-failing-grade/2020/07/27/3eabeb8e-cdfa-11ea-b0e3-d55bda07d66a_story.html

 

From the WashPost Editorial Board:

 

Opinion by Editorial Board

July 27, 2020 at 1:23 p.m. EDT

NOT SO long ago, asylum seekers turned to the United States, seeking refuge from repressive states. Now the United States is one of those repressive states.

That’s the gist of a Canadian federal court ruling, which would scrap a 16-year-old bilateral treaty called the Safe Third Country Agreement, under which Canada and the United States each recognize the other as a safe place to seek refuge. Justice Ann Marie McDonald ruled that Canada’s practice of turning back third-country refugees who try to cross at official points of entry along the U.S.-Canada frontier — on the theory that they have already reached a safe harbor in the United States — no longer makes sense given the atrocious treatment to which they are subjected south of the border. Canada, she wrote, can no longer turn a blind eye to the reality that the United States denies decent and dignified treatment to asylum seekers.

Justice McDonald based her ruling partly on testimony from asylum seekers who described harrowing conditions of confinement in U.S. detention, to which they are automatically taken when turned back by Canada. One of them, a refugee from Ethiopia named Nedira Jemal Mustefa, recounted what she called a “terrifying, isolating and psychologically traumatic” experience at a “freezing” facility where she was held in upstate New York. Other testimony in the Canadian court provided evidence that detainees in U.S. facilities were denied access to counsel, phone calls and translators, and some were subjected to solitary confinement.

The judge found that the “accounts of the detainees demonstrate both physical and psychological suffering because of detention, and a real risk that they will not be able to assert asylum claims” in the United States.

None of this is surprising to advocates and others who have monitored the travails of asylum seekers, especially since President Trump took office. In the past two years, his anti-immigration policies have prompted more than 50,000 asylum seekers to cross into Canada outside official ports of entry, thereby skirting the treaty’s automatic-return provision — until the pandemic forced the border’s closing this spring. After arriving in Canada and undergoing security and medical screening, they have been allowed to work and receive basic benefits such as medical care as they await adjudication of their asylum claims.

Canada is among the United States’s closest allies; gratuitous America-bashing is not the norm there. That a Canadian judge would give a failing grade to this country’s commitment to human rights where they concern refugees is a damning rebuke.

Before her ruling takes effect, the judge gave the Canadian government six months to appeal, should it choose to do so. Until now, the treaty’s supporters have justified it on the grounds that it bars “asylum shopping” by refugees. The question facing the administration of Prime Minister Justin Trudeau is whether its neighbor to the south still adheres to what Western democracies regard as the basic standards of dignity and decency on which the original treaty was based. The evidence suggests it does not.

 

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

Actually, this is a “Duh” for those of us who have been speaking out for the last three years about the Trump regime’s racist White Nationalist hate inspired anti-asylum, anti-immigrant, anti-human rights agenda. The only “shocker” is that neither the Congress nor the Article III Courts have put up meaningful resistance to these clearly illegal, unconstitutional, and immoral actions.

 

Basically, “Brown Lives Don’t Matter” to this gang of nativist thugs and their legislative and judicial enablers. Perhaps most disgustingly, the Supremes’ majority has been an eager participant in this “Dred Scottification” of “the other” based largely on race and covered by only the most transparent pretexts of “national emergency” and the like.

 

America needs not only a qualified, non-racist Executive, but also better qualified legislators and judges who reject institutionalized racism and hate masquerading as “emergency justifications” for suspending the rule of law and the Constitution as it applies to human rights, human lives, and human dignity. To state the obvious, our nation is disintegrating because far too many of those we have entrusted to govern reject the basic concept that equal justice for all, ending racism, and due process for all persons in the U.S. are both Constitutional requirements and moral imperatives.

 

This November, vote like your life and the future of America depend on it! Because they do!

 

PWS

 

07-26-20

THE GIBSON REPORT — 07-27-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group — U.S. Not A “Safe” Country For Refugees & Other News About The Kakistocracy 🏴‍☠️☠️

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

TOP NEWS

 

OIRA Concludes Review on USCIS Final Rule Fee Rule

On 7/22/20, the Office of Information and Regulatory Affairs (OIRA) completed review of a final rule increasing many of USCIS’s filing fees. AILA anticipates that the Federal Register will post a copy of the rule for public inspection in the coming days, before publishing it officially. AILA Doc. No. 20072402

 

Immigration agency pushes back 13,000 furloughs until the end of August

CNN: Earlier this week, two Democratic senators are called on the agency to postpone its planned furloughs. The request came after revised estimates showed the agency will end the fiscal year with a surplus, not the originally projected deficit, according to the lawmakers.

 

Canada court rules ‘Safe Third Country’ pact with U.S. invalid, cites detention risk

Reuters: A Canadian court on Wednesday ruled invalid a bilateral pact that compels asylum seekers trying to enter Canada via the American border to first seek sanctuary in the United States, saying U.S. immigration detention violates their human rights.

 

Trump Sued Over Attempt To Omit Unauthorized Immigrants From A Key Census Count

NPR: Trump now faces a total of three new federal lawsuits that are joining ongoing legal challenges surrounding the 2020 census. A fourth lawsuit may be coming from California State Attorney General Xavier Becerra’s office, which is planning to file a complaint against the Trump administration, Sarah Lovenheim, an adviser to Becerra, tells NPR.

 

Homeland Security Dept. Admits Making False Statements in Fight With N.Y.

NYT: The surprise admission came as the Trump administration unexpectedly reversed its decision to bar New Yorkers from programs that allow travelers to speed through airports.

 

In Unprecedented Move, AILA Opposes Trump’s Reelection

AILA: For the first time in our nearly 75 year history, AILA has decided to take action and urge our members to oppose the re-election of the President.

 

The Great Climate Migration

NYT Magazine: Today, 1% of the world is a barely livable hot zone. By 2070, that portion could go up to 19%. Billions of people call this land home.

 

After Increasing Its Caseload, Attorneys Say Boston’s Immigration Court Is In ‘Disarray’

WBUR: WBUR heard from more than a dozen immigration attorneys in New England who say they’ve had hearings advanced or postponed with no written notice from the federal government. In many cases, the attorneys only discovered the rescheduling by checking an online portal or repeatedly calling the court.

 

Trump Admin. Risks Penalties For Inaction On DACA

Law360:  The Trump administration’s failure to fully restart the Deferred Action for Childhood Arrivals program, despite court orders telling it to do so, leaves the government on shaky legal ground and may put immigration officials at risk of court penalties.

 

Trump Cuts Legal Immigrants By Half And He’s Not Done Yet

Forbes: By next year, Donald Trump will have reduced legal immigration by 49% since becoming president. That will have significant repercussions for the nation’s economic growth, according to a new analysis. The cuts to legal immigration have come in several categories, and it appears the Trump administration is not finished restricting immigration.

 

A Rare Look Inside Trump’s Immigration Crackdown Draws Legal Threats

NYT: A new documentary peers inside the secretive world of immigration enforcement. The filmmakers faced demands to delete scenes and delay broadcast until after the election.

 

ICE Courthouse Arrest Bill Reaches Cuomo’s Desk

DocumentedNY: Gov. Andrew Cuomo is expected to sign the bill that would bar arrests in and around courthouses without a judicial warrant.

 

Isolated In Their New Country, Refugees Are Sewing — And Innovating — Covid-19 Masks

Gothamist: About a dozen refugees, mostly from Afghanistan, are working from their new residences in New Jersey sewing masks to help protect against COVID-19. Shut out of the regular workforce because of the pandemic, they have produced more than 2,000 $10 organic fabric masks in a variety of styles. The masks are sold online through their resettlement agency’s Global Grace Marketplace, and at local farmers’ markets and fair trade stores across the country.

 

LITIGATION/CASELAW/RULES/MEMOS

 

D.C. Circuit Upholds Injunction Against Enforcement of Two of Government’s New Credible Fear Policies

The court affirmed in part the district court’s injunction against enforcement of the government’s new credible fear policies, finding that the “condoned-or-completely-helpless” standard and USCIS’s choice-of-law policy were arbitrary and capricious. (Grace, et al. v. Barr, et al., 7/17/20) AILA Doc. No. 20072134

 

Human Rights Organizations Charge The United States And Mexico With Systemic Human Rights Violations

CentroLegal: Today the USF Immigration & Deportation Defense Clinic and Migration Studies program in conjunction with 40 organizations who do work in Honduras, Mexico, Guatemala, El Salvador, and the United States filed a request for a thematic hearing before the Inter-American Commission on Human Rights.

 

BIA Says §13-3407 of the Arizona Revised Statues is Divisible with Regard to the Specific Drug Involved in Violation

The BIA issued a decision stating that §13-3407 of the Arizona Revised Statues, which criminalizes possession of a dangerous drug, is divisible with regard to the specific “dangerous drug” involved in a violation of that statute. Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020) AILA Doc. No. 20072336

 

CA2 Equitable Estoppel and USCIS Misconduct

Justia: The court held that the government is equitably estopped from initiating rescission proceedings to reopen plaintiff’s adjustment of status application or placing her in removal proceedings. In this case, the undisputed facts show that USCIS failed to issue a rejection notice, despite controlling regulation and, consequently, plaintiff was not advised of any defect in her application, depriving her of the opportunity to correct the issue.

 

CA2 Finds Petitioners’ New York Firearms Convictions Were Not Removable Offenses

Applying the categorical approach, the court held that the BIA erred in finding the petitioners removable for having been convicted of a firearms offense under the INA, because their New York convictions criminalized conduct that the INA does not. (Jack v. Barr, 7/16/20) AILA Doc. No. 20072135

 

CA4 Says Convictions for Leaving an Accident and Using False Identification in Virginia Are Not CIMTs

The court held that the petitioner’s convictions for leaving an accident in violation of Va. Code Ann. §46.2–894 and for using false identification in violation of Va. Code Ann. §18.2–186.3(B1) were not categorically crimes involving moral turpitude (CIMTs). (Nunez-Vasquez v. Barr, 7/13/20) AILA Doc. No. 20072033

 

CA5 Rejects Petitioner’s Argument That BIA Acted Ultra Vires by Applying a Heightened Standard to His Waiver Application

The court found that the petitioner’s contention that the BIA should have weighed the equities more in his favor failed to establish that the agency had acted ultra vires by applying a heightened standard to his waiver of inadmissibility application. (Nastase v. Barr, 7/1/20) AILA Doc. No. 20072034

 

CA6 Finds Petitioner Failed to Show That She Would Likely Be Tortured in Bosnia

The court upheld the BIA’s denial of deferral of removal, finding that nothing in the record proved that any mistreatment the petitioner might face in Bosnia due to her family ties and criminal past was more likely than not to rise to the extreme level of torture. (Kilic v. Barr, 7/10/20) AILA Doc. No. 20072131

 

CA6 Finds BIA Failed to Consider Evidence of Russian Petitioner’s Threatened Prosecution in Assessing His Asylum Claim

Granting the petition for review, the court held that the BIA erred in disregarding evidence that the petitioner, who had engaged in anticorruption whistleblowing activities, would be criminally prosecuted for his political opinion if he was returned to Russia. (Skripkov v. Barr, 7/20/20) AILA Doc. No. 20072192

 

CA7 Upholds Denial of Asylum to Petitioner Who Feared Life as an Openly Gay Woman in Mexico

The court upheld the BIA’s denial of asylum to the Mexican petitioner, who sought relief based on threats of physical violence she had received because of her gay sexual orientation, concluding that substantial evidence supported the agency’s decision. (Escobedo Marquez v. Barr, 7/13/20) AILA Doc. No. 20072132

 

CA8 Finds It Lacks Jurisdiction to Consider Petitioner’s Arguments Concerning Changed Country Conditions in Somalia

The court held that it lacked jurisdiction to review the vast majority of the petitioner’s arguments concerning his motion to reopen his asylum and withholding of removal claims based on changed country conditions in Somalia. (Sharif v. Barr, 7/7/20) AILA Doc. No. 20072233

 

CA9 Upholds Injunction Barring DOJ from Withholding Byrne JAG Awards, But Limits Scope to California

The court affirmed the district court’s permanent injunction barring DOJ from withholding or denying Edward Byrne Memorial Justice Assistance Grants to plaintiffs, but limited the geographical reach of the injunction to California. (City and County of San Francisco v. Barr, et al., 7/13/20) AILA Doc. No. 20072235

 

CA9 Says Conviction for Petty Theft in California Is a CIMT

The court held that petitioner’s conviction for petty theft in California was a CIMT, and that the BIA did not abuse its discretion in denying his motion to reopen to seek asylum based on changed country conditions in the Philippines. (Silva v. Barr, 7/10/20) AILA Doc. No. 20072234

 

CA11 Finds USCIS’s Denial of Form I-129 Was Final Agency Action Where Intended Beneficiary’s Removal Proceedings Were Ongoing

The court held that the denial of the plaintiffs’ Form I-129 was final agency action under the Administrative Procedure Act (APA), and that INA §242(b)(9) and (g) did not bar the plaintiffs’ challenge to the visa petition denial. (Canal A Media Holding, LLC, et al. v. USCIS, et al., 7/8/20) AILA Doc. No. 20072200

 

CA11 Says BIA’s Application of Stop-Time Rule to Petitioner’s 1995 Conviction Was Impermissibly Retroactive

The court held that the BIA erred in retroactively applying the stop-time rule to the petitioner’s pre-Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) conviction, and thus that he was eligible for cancellation of removal. (Rendon v. Att’y Gen., 7/14/20) AILA Doc. No. 20072103

 

Presidential Memorandum on Excluding Undocumented Immigrants from the Apportionment Base Following the 2020 Census

President Trump issued a memo on 7/21/20 noting that for the purpose of the reapportionment of representatives following the 2020 census, any immigrants who are not in a lawful immigration status under the INA will be excluded from the apportionment base. (85 FR 44679, 7/23/20) AILA Doc. No. 20072100

 

ICE Issues Follow-Up Guidance for Students for Fall 2020 School Term

ICE SEVP issued follow-up guidance stating that active F and M students, as well as schools, should abide by SEVP guidance originally issued in March 2020, which enables schools and students to engage in distance learning in excess of regulatory limits due to COVID-19. AILA Doc. No. 20072492

 

CIS Ombudsman Provides Update on Card Production Delays at USCIS

The CIS Ombudsman’s Office provided an update regarding card production delays at USCIS, which are expected to continue for the foreseeable future. The Ombudsman’s Office is assisting individuals by sending weekly spreadsheets to USCIS to verify card requests are in line to be processed. AILA Doc. No. 20072232

 

USCIS Launches Updated Website

USCIS launched updated versions of all USCIS websites, including uscis.gov, myUSCIS, and Case Status Online. The updates include a new look to all USCIS websites, an “Explore My Options” feature to the forms section, enhanced on-page search and filter-by features, and more. AILA Doc. No. 20072133

 

RESOURCES

 

 

EVENTS

 

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, July 27, 2020

Sunday, July 26, 2020

Saturday, July 25, 2020

Friday, July 24, 2020

#NoMuslimBanEver

Thursday, July 23, 2020

Wednesday, July 22, 2020

Tuesday, July 21, 2020

Monday, July 20, 2020

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

Item #3 under “Top News” on how a Canadian court has held that the U.S. is no longer a “safe” country for refugees is not surprising, but serves as a confirmation of how far America has fallen under Trump’s White Nationalist kakistocracy.

Due Process Forever!

PWS

07-28-20

CATHERINE RAMPELL @ WASHPOST: More Stupidity, Cruelty, & Racism Behind Trump’s Latest Assault on First Graders, Families, & Legal Immigration — It’s Not About Protecting American Jobs — Just The White Nationalist, Restrictionist Immigration Agenda

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

By Catherine Rampell

June 29 at 7:16 PM ET

Last week President Trump suspended visas for huge categories of immigrants, allegedly to “protect American jobs.”

To understand how disingenuous this rationale is, consider the case of Vihaan Baranidharan.

Vihaan is stuck in India, where he went to see his sick grandmother for what was supposed to be a short visit. Thanks to Trump’s order, he’s blocked from getting the visa stamp needed to return to Dallas. But Vihaan has not taken, nor has any plans to take, any American’s job. He doesn’t have the experience to be competitive in the U.S. job market — or even sufficient vocabulary.

Because Vihaan just finished first grade.

“What risk could he pose to the U.S. economy?” pleads his mother, Sindhu Turumalla. “He is 7.”

That doesn’t matter to the Trump administration, which is exploiting the economic downturn as another excuse to punish immigrants — whether legal or undocumented, professional or working class, entrepreneur or student, adult or child.

The United States is so far the only country to “explicitly justify mobility limitations not on grounds of health risk, but to protect the jobs and economic wellbeing of” its citizens, according to the Migration Policy Institute.

In an April executive order, Trump suspended issuance of green cards for most people applying from abroad. Last week’s executive order expanded the ban to large categories of temporary, employment-based visas. This included the highly skilled immigrants the administration usually claims it prioritizes, as well as any spouses and minor children who normally accompany these workers.

The U.S. economy is indeed in bad shape. But it’s hard to fathom that the estimated 377,000 would-be immigrants now barred from entry present much “risk to the U.S. labor market,” as Trump claims.

Keeping them out, however, could actually harm the economy in the long run. Vihaan’s family presents a helpful case study.

His dad, an executive handling cybersecurity at a major global bank, has been based in the United States since 2017 on a visa specifically for executives transferred from abroad within the same company. He manages, and hires, U.S. workers. While unemployment overall is in double digits, in his field — computer-related occupations — unemployment has declined since the pandemic began, hitting 2.5 percent in May.

What’s more, economists generally believe that highly skilled immigrants like him create job opportunities for Americans and make the country more competitive, especially in STEM, or science, technology, engineering and math, fields.

. . . .

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

Read the rest of Catherine’s article at the link.

Let’s see, 21 million Americans out of work. 377,000 foreign workers barred. That’s less than 2% — statistically insignificant. But, politically, it’s “red meat” to Trump’s White Nationalist followers.

Beyond that, it’s largely apples and oranges. Among others, Trump is barring intracompany executives and managers, those with specialized business knowledge, skilled professionals, and those coming under exchange programs. But, the hardest hit sectors of the U.S. workforce have been things like hospitality, government, and mining. 

So, Toyota is going to hire an out of work bartender to run a U.S. Division? An international tech company is going to replace its chief information officer with an out of work coal miner? Or, perhaps a laid off government bureaucrat is going to replace a seasonal camp counselor in Maine? Not likely. More realistic that the employer would simply shift the work abroad or just close or reduce the U.S. operations.

During my years in the INS, we went through various iterations of “programs” to notify state and local employment agencies when a major enforcement operation supposedly “freed up” jobs for U.S. workers — usually in agriculture or manufacturing. None of these efforts created meaningful opportunities that U.S. workers were ready, willing, and qualified to take, at least on any systematic, consistent, or widespread basis.

The oft-cited claim that “they are taking our jobs” or that deportations, exclusions, and bars “protect the American labor market” is largely unsupported by hard data. Let’s just take a look at those who advance such basically mythical claims: nativist immigration groups and GOP politicos.

These are the same folks who oppose increases in minimum wages, bust unions, eliminate health and safety protections, don’t believe in health care, weaken anti-discrimination protections, cut unemployment benefits, and support management’s unilateral right to exploit workers to the max. These are not groups and individuals with any real concerns about the health or welfare of U.S. workers except to the extent that they think their claims — supplemented with racist dog whistles identifying the “foreign invaders” as people of color — might win them some votes at election time.

Or let’s take something more basic. I just listened to a news report saying that the simple act of everyone wearing a mask could save the U.S. economy one trillion dollars. That’s real money!

So, if Trump, Pence, and the GOP really wanted to help American workers and the economy in a meaningful way, they would be pulling out all the stops to promote, actually demand, that all Americans wear masks and practice social distancing. They would be strongly supporting governors, mayors, and public health officials urging these uniform practices. Yet, that’s not what’s happening. 

The visa suspension is just another Trump racist ruse. Something to make the gullible think he is concerned about them when fact is he’s never been concerned for anyone in his life except himself. But, it’s dangerous because it promotes the myth of the link between immigrants and America’s economic problems and shifts the attention from the Trump kakistocracy’s “malicious incompetence” that actually was a major contributing factor to our inept, at best, COVID-19 response and the problems and chaos that have followed.

The real situation looks more like this: 1) with the economy ailing, there would be a natural decline in job-based immigration in certain sectors because of market forces, regardless of what Trump does; 2) with America’s well-advertised failure to deal competently with COVID-19 and Trump’s ugly hate rhetoric, “immigrants with choices” may well choose other destinations (Canada is one that is already benefiting from Trump’s obsession with xenophobic immigration policies); 3) with Americans barred from entry into the EU and perhaps other countries, the vital force of immigration and its overall positive effect on the world economy will be muted in the U.S.; and 4) with the legal immigration system, including the refugee and asylum systems, shut down whatever future immigration does occur under Trump is likely to be of the extralegal variety, unscreened, unmonitored, and uncontrolled. 

The latter are likely to be refugees with limited options, driven more by necessity than economics, although for many refugees persecution and economic factors are inextricably intertwined. Even here, the practical difficulties of travel during a worldwide pandemic are likely to have more of an impact than Trump’s elimination of asylum.  

Indeed, our country has long benefitted from asylum seekers’ (now sadly misplaced) trust in the U.S. legal system that leads to their turning themselves in at ports of entry, surrendering near the border, or voluntarily applying at a USCIS Asylum Office in the U.S. With the U.S. legal system now in “full fraud mode” refugees stand a better chance of  losing themselves in the interior than of gaining protection from a system specifically designed to treat them unfairly and abusively.

Trump claims great “success” for his abrogation of the legal immigration system and crimes against humanity. But, who really knows how many folks cross the border without our knowledge and where they end up? And, no ridiculous and wasteful wall is going to stop that.

That doesn’t mean that the extralegal immigration won’t be beneficial — past extralegal immigration has benefited the U.S. overall and often, but not always, the migrants themselves. But, by keeping migrant populations underground, living in fear and uncertainty, and subject to exploitation, we limit the immigrants’ abilities to reach their full potential and to contribute fully to our society. In other words, we limit our own capacity to get the full benefit of the reality of human migration in a global society.

In November, we have a chance to end the stupidity and cruelty and to establish a more just society that recognizes the benefits of equal justice for all and treats migrants fairly, humanely, rationally, and with respect for their legal and human rights. We can’t afford to blow it, again!

This November, vote like your life depends on it!  Because it does!

PWS

07-01-20

 

FOOD: CHOWHOUND: How Migrants Feed America’s First Responders in Crisis! — Report From Memphis

Simone Paget
Simone Paget
Journalist
Toronto Sun

https://apple.news/AOBHMvDQbTL23pPX8vfQs2A

Simone Paget in Chowhound:

From celebrities and chefs to local food banks and grassroots organizations, people everywhere have been pitching in to help mitigate the effects of the coronavirus pandemic on our communities. Here’s how Global Cafe in Memphis is helping healthcare workers in a city that’s both food-insecure and extremely charitable.

Memphis has been a long-time hub for the civil rights movement and more recently, food activism. Global Cafe is no exception.

Located in Crosstown Concourse—a former Sears distribution building that has been transformed into a 1,200,000 square foot mixed use space—the international food hall hosts three immigrant/refugee food entrepreneurs cooking and selling an eclectic mix of affordably priced, authentic dishes from their home countries, which currently includes a delicious mix of Syrian, Sudanese and Venezuelan cuisine. Think: delectable arepas, amazingly tender shawarma, and freshly made baba ganoush.

Since the COVID-19 crisis, the Global Cafe team has been putting their culinary ingenuity to work feeding overtaxed medical professionals and people economically impacted by the virus. For a small donation, they’ll buy food, cook it, and deliver it to people in need.

So far, they’ve cooked and delivered hundreds of meals to the night ER shift at LeBohneur Germantown, the physicians at LeBonheur, the respiratory ICU unit at Baptist East, as well as First Congo Food Justice Ministry in Midtown and the staff of Church Health.

Giving back to the community is part of Global Cafe’s life blood, explains owner and CEO, Sabine Langer.

“Post-election, the climate was very negative towards immigrants and refugees. As an immigrant, I wanted to find a way to make a difference in the lives of immigrants and refugees. I wasn’t sure exactly how but after lots of research, it became apparent that I could help some of the women I had met that were cooking on the side trying to make an additional income to support their families,” she says.

By empowering immigrant and refugee entrepreneurs to set up food businesses with zero start-up cost, Langer says that the food hall has been a wonderful catalyst for many of the team members.

“One of our chefs was able to pay off her house, another one was able to purchase a house, and our trusted dishwasher recently bought a car. It’s fantastic to see this and it warms my heart to know that we are true to our mission and really making a difference in everyone’s lives,” she says.

. . . .

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

Read the rest of Simone’s article, along with some great food pictures, at the link.

Immigrants have long been a powerful force in our culinary arts and food supply. That has become even more obvious during this crisis.

When the pandemic finally gets under control, will we recognize these essential contributions by improving wages, working conditions, and providing a social safety net for these essential workers? Or, will we go back to undervaluing and disrespecting their contributions? Will we emerge as a more equitable, just, and caring society? Or, as happened after the last recession, will we allow the privileged and powerful to increase their authority and line their pockets at the expense of the vast majority of Americans? The lack of an adequate “safety net” has become obvious; but will we finally do what’s necessary to promote the common good rather than living from “crisis to crisis?”

Already, far-right White Nationalist pols like Jeff “Gonzo Apocalypto” Sessions are cynically using the pandemic as an excuse for pushing “immigration moratoriums” and other nativist schemes. Don’t let them get away with it! Immigrants aren’t “taking our jobs;” they’re “saving our lives,” often at the risk of their own!

PWS

04-20-18

BORDER CLOSINGS GO BOTH WAYS: Guatemala Refuses More U.S. Deportations — Regime’s “4-D” Approach About To Hit a Brick Wall?

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Cindy Carcamo
Cindy Carcamo
Immigration Reporter
LA Times

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=e7303b6a-98d8-40e2-af8f-cc25ea5200ab&v=sdk

Molly O’Toole and Cindy Carcamo report for the LA Times:

GUATEMALA CITY — Guatemala on Tuesday became the first Central American nation to block deportation flights from the United States in an effort to prevent the spread of the coronavirus, a dramatic turnabout on Trump administration policies barring entry to asylum seekers from the region.

Guatemala’s Foreign Ministry announced that all deportation flights would be paused “as a precautionary measure” to establish additional health checks. Ahead of the announcement, President Alejandro Giammattei said in a Monday news conference that Guatemala also would close its borders completely for 15 days.

“This virus can affect all of us, and my duty is to preserve the lives of Guatemalans at any cost,” he said.

Guatemala, a major source of migration to the United States as well as a primary transit country for people from other nations headed to the U.S.-Mexico border, in recent days has blocked travelers from the U.S., as well as arrivals from Canada and a few European and Asian countries.

The Guatemalan government under Giammattei’s new administration had confirmed six coronavirus cases as of Monday morning. But it has taken a hard tack in its response to the pandemic to try to prevent the rapid spread seen in North America and elsewhere, becoming among the first in the region to bar entry of Americans.

Other nations in the Western Hemisphere, including El Salvador, Honduras, Panama, Colombia, Ecuador, Argentina, Chile and Peru, also have taken steps to bar foreigners and, in some cases, to shut their borders, including to their own returning citizens.

Guatemala’s move to refuse deportations will have a significant impact on the Trump administration’s efforts to ramp up a controversial agreement under which the United States sends migrants who are seeking asylum in the United States to Guatemala instead, even those who aren’t Guatemalan citizens.

The deal between the U.S. and Guatemala, called the Asylum Cooperative Agreement, denies the asylum seekers the opportunity to apply in the United States for refuge and instead allows them only to seek asylum in Guatemala.

Guatemala’s highest court initially blocked the agreement. Since November, the U.S. has sent Guatemala more than 900 men, women and children who have arrived at the border from El Salvador and Honduras.

. . . .

On Monday, the ACLU and other groups filed suit against ICE, seeking the release of immigrants in detention who are particularly vulnerable to COVID-19. Immigration judges, prosecutors and lawyers also called on the Justice Department to close immigration courts.

Judge A. Ashley Tabaddor, president of the National Assn. of Immigration Judges, said judges had been told to continue holding hearings with immigrants during the health crisis.

“Call DOJ and ask why they are not shutting down the courts,” she said, referring to the Justice Department.

O’Toole reported from Guatemala City and Carcamo from Los Angeles. Times staff writer Maura Dolan in Orinda, Calif., contributed to this report.

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

Read the full article at the link.

I suppose that the regime will just start dumping all deportees from all countries in Mexico. But, viruses know no borders. 

To date, Mexico’s reported number of coronavirus cases is much lower than the U.S. However, we don’t know whether or not that is a product of there actually being fewer cases or Mexico having poor testing and reporting procedures. But, eventually what happens in Mexico will affect the U.S. Of that, we can be sure. And, no wall or Executive Order will stand in the way.

Seems like it would be a good time for some mutual cooperation between the U.S. and Mexico to determine the best mutually effective ways of handling border control issues in the time of pandemic, consistent with controlling the spread of disease in both countries. The regime did reach an agreement with Canada on border limitations today. But, when dealing with countries to our south, the regime has shown a strong preference for unilateral actions or bogus “agreements” obtained by duress and threats.

In any event, the end of direct deportations by air could be a consequence of the pandemic. And, given the limitations on detention and its health risks, the regime might be forced to come up with other approaches on how best to treat all persons within our borders, whether we like it or not. The regime’s “4-D Immigration Policy” — Detain, Deny, Deport, Distort — might be “hitting the wall.”

Still not clear what’s happening in the Immigration Courts.

PWS

03-18-20

YEGANEH TORBATI & ZOE CHACE: “The Library” — How The Trump Administration’s Intentional Cruelty & Inane Policies Created A Scene From A Dystopian Novel For Some Families! — Sometimes, Humanity Prevails Over The Forces Of Evil!

Dear friends and colleagues,

As 2018 draws to a close, I hope you’ll have time to listen to this week’s episode of This American Life. Act One of the show is a segment produced by Zoe Chace about the Iranian families, separated by the Trump administration’s travel ban, who are reuniting at the Haskell Free Library and Opera House, a library straddling the U.S.-Canada border. I wrote about the reunions for Reuters last month, and spoke with Zoe about what I saw when I visited the library.

You can also watch the video version of the story my colleague Zach Goelman produced here.

Hope you all have a wonderful new year.

Best,

Yeganeh

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

Remember, either Chief Justice John Roberts or Retired Justice Anthony Kennedy could have stopped this nonsense; both chose to “swallow the whistle” instead. So, real human beings suffer unnecessarily.

And, to the extent that either thought that their weak-kneed pleas for some civility and sanity from Trump in the future would accomplish anything, we can see the results. After Trump attacked Federal Judges and Roberts personally, the Chief Justice finally got wise and stopped (at least temporarily) facilitating Trump’s cruelty, irrationality, and abuses of Executive Power.

The future of our Republic could well depend on the Chief Justice’s continued willingness to stand up for individual rights and institutional integrity against Trump’s corrupt attacks. Depending on how he performs, he could go down as one of the greatest or worst Chief Justices.

PWS

01-01-19

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.

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

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

 

LAUREN MARKHAM @ POLITICO: Trump’s Policies Won’t Stop Human Migration — It’s Driven By Dynamics He Neither Understands Nor Controls!

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POLITICO

This Is What It’s Like to Be a Migrant in the Age of Trump

90.jpegimageLauren Markham

TAPACHULA, MEXICO-Rosa Gonzalez arrived in the shelter here after leaving her native El Salvador suddenly in late summer, fleeing her small town with her older brother and a few possessions, hoping to avoid becoming yet another murder statistic at the hand…

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KEY EXCERPT:

To hear these men and women talk, it’s clear that, in a way, Trump’s policies are being received just as he expects them to be: Migrants seem to be more apprehensive about the journey than ever. But that doesn’t mean they’re staying home. Some, like Rosa, are choosing to leave their kids home and migrating without them. Some are moving through more dangerous routes if they do want to continue on to the United States—discarding the long-standing practice of turning themselves in to Border Patrol and applying for asylum. And in some cases, they are avoiding the United States: They’re deciding to settle in other countries, like Mexico or even Canada.

************************************
Clearly, the “enforcement/deterrence only” policy will continue to fail. While it might shift migration patterns somewhat and even change the destination and methods of some migrants, it doesn’t begin to directly address the fundamental causes driving migration. And, to the extent that unilateral U.S. policies encourage migrants to resettle elsewhere, that will affect the relationship between the U.S. and other receiving states, like Mexico and Canada.
PWS
10-27-18

ATTENTION ALL JUDGES (ACTIVE & RETIRED): THE CANADIANS ARE COMING (Along with Judges From Other Western Hemisphere & EU Countries)! – MEET, GREET, SHARE NOTES, AND LEARN ALONG WITH YOUR INTERNATIONAL COLLEAGUES – HEAR KEYNOTE SPEAKER DORIS MEISSNER, ONE OF THE “ALL TIME GREATS” OF U.S. MIGRATION LAW, & MANY OTHER “SUPERSTAR” SPEAKERS FROM AROUND THE WORLD! – THERE’S STILL TIME TO REGISTER FOR THE AMERICAS’ CHAPTER CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF REFUGEE & MIGRATION JUDGES @ THE BEAUTIFUL CAMPUS OF GEORGETOWN LAW IN WASHINGTON, D.C., AUGUST 1-5, 2018!

HERE’S A LINK TO MY PRIOR BLOG WITH ALL THE REGISTRATION INFORMATION:

https://wp.me/p8eeJm-2D7

HERE’S FORMER INS COMMISSIONER  DORIS MEISSNER’S PROFESSIONAL BIO:

Doris Meissner

Senior Fellow and Director, U.S. Immigration Policy Program

Doris Meissner, former Commissioner of the U.S. Immigration and Naturalization Service (INS), is a Senior Fellow at MPI, where she directs the Institute’s U.S. immigration policy work.

Her responsibilities focus in particular on the role of immigration in America’s future and on administering the nation’s immigration laws, systems, and government agencies. Her work and expertise also include immigration and politics, immigration enforcement, border control, cooperation with other countries, and immigration and national security. She has authored and coauthored numerous reports, articles, and op-eds and is frequently quoted in the media. She served as Director of MPI’s Independent Task Force on Immigration and America’s Future, a bipartisan group of distinguished leaders. The group’s report and recommendations address how to harness the advantages of immigration for a 21st century economy and society.

From 1993-2000, she served in the Clinton administration as Commissioner of the INS, then a bureau in the U.S. Department of Justice. Her accomplishments included reforming the nation’s asylum system; creating new strategies for managing U.S. borders; improving naturalization and other services for immigrants; shaping new responses to migration and humanitarian emergencies; strengthening cooperation and joint initiatives with Mexico, Canada, and other countries; and managing growth that doubled the agency’s personnel and tripled its budget.

She first joined the Justice Department in 1973 as a White House Fellow and Special Assistant to the Attorney General. She served in various senior policy posts until 1981, when she became Acting Commissioner of the INS and then Executive Associate Commissioner, the third-ranking post in the agency. In 1986, she joined the Carnegie Endowment for International Peace as a Senior Associate. Ms. Meissner created the Endowment’s Immigration Policy Project, which evolved into the Migration Policy Institute in 2001.

Ms. Meissner’s board memberships include CARE-USA and the Wisconsin Alumni Research Foundation. She is a member of the Council on Foreign Relations, the Inter-American Dialogue, the Pacific Council on International Diplomacy, the National Academy of Public Administration, the Administrative Conference of the United States, and the Constitution Society.

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Colleagues:

My good friend and colleague Ross Pattee, Executive Director of the Immigration & Refugee Board of Canada just told me that the “Canadian Delegation” to the upcoming IARMJ conference will be 30 strong!

Never in my lifetime has the role of Immigration Judges and other judges involved in asylum, refugee, and immigration adjudication been more in the news or more important than now! We all know the stress, tension, and pressure, as well as excitement, that comes from such constant public attention.

Now is the perfect time to take a few days off from the bench to share notes, helpful suggestions, best practices, and otherwise get to know and appreciate your colleagues performing similar functions elsewhere in the world. Knowing that “you are not alone” and that many others share and are dealing with the same challenges as you are has been one of the best features of IRMJ membership and participation for me throughout the years. You’ll also be learning from, and in dialogue with, world-class speakers and scholars, like my long-time friend and “fellow Badger” Doris Meissner, in one of the best legal learning environments in America — the facilities at Georgetown Law.

As one of the original “founding members” of the IARMJ, I know that it has been many years since we have had an event of this magnitude and caliber here in the United States. Who knows when another such opportunity will come our way?

I sincerely hope that you can and will join me and my colleagues from the IARMJ in August.

All the best in solidarity and due process,

Paul

 

 

CHARLES M. BLOW @ NYT: “Trump: The Un-American President” – Lenin, Stalin, Hitler, & Others Like Them Used “The Big Lie” – So Does Donald Trump – Almost All The Time! 🤥🤥🤥🤥🤥

https://www.nytimes.com/2018/03/18/opinion/trudeau-trump-deficit.html

Blow writes:

“I said, ‘Wrong, Justin, you do.’ I didn’t even know … I had no idea. I just said, ‘You’re wrong.’ ”

That, as reported by The Washington Post, was Donald Trump boasting during a private fund-raising dinner about lying to Justin Trudeau, prime minister of Canada, our northern neighbor and closest ally.

When caught in the lie, Trump did what Trump does: Repeats the lie, louder, stronger, and more stridently.

After the lie was reported, Trump tweeted:

“We do have a Trade Deficit with Canada, as we do with almost all countries (some of them massive). P.M. Justin Trudeau of Canada, a very good guy, doesn’t like saying that Canada has a Surplus vs. the U.S. (negotiating), but they do … they almost all do … and that’s how I know!”

By the way, here is PolitiFact’s fact-check of Trump’s claim:

“In 2017, the United States had a $23.2 billion deficit with Canada in goods. In other words, the United States in 2017 bought more goods from Canada than Canada bought from the United States.

However, the United States had a $25.9 billion surplus with Canada in services — and that was enough to overcome that deficit and turn the overall balance of trade into a $2.8 billion surplus for the United States in 2017. The same pattern occurred in 2016.”

It bears repeating that Donald Trump is a pathological, unrepentant liar. We must state this truth for as long as he revels in untruth.

But there is something about the nakedness of this confession, the brazenness of it, the cavalier-ness, that still has the ability to shock.

First, why does the president of the United States not know whether we have a trade surplus or deficit with Canada? A pillar of his campaign was to renegotiate Nafta. Surely he understood the basic fundamentals before making wild accusations and unrealistic promises, right? Wrong.

Trump’s recalling of the story suggested that he was somehow overpowering and outmaneuvering Trudeau, free to best him because he was unencumbered by an allegiance to the truth.

But in fact, the story makes Trump look small and ignorant and unprincipled.

Lying to your friends and then bragging behind their backs that you lied to them is the quickest way to poison a friendship.

This is lying for sport, for the thrill of it, because you can and feel that there is no penalty for it.

Our relationship with our allies around the world depends on some degree of mutual trust and respect. What must they think when they watch Trump demolish those diplomatic tenets? How are international agreements supposed to be negotiated when one party is a proven, prolific liar?

We have no idea just how damaged the American brand has become under Trump.

As a June 2017 Pew Research Center report pointed out:

“Although he has only been in office a few months, Donald Trump’s presidency has had a major impact on how the world sees the United States. Trump and many of his key policies are broadly unpopular around the globe, and ratings for the U.S. have declined steeply in many nations.”

The report continued:

“According to a new Pew Research Center survey spanning 37 nations, a median of just 22 percent has confidence in Trump to do the right thing when it comes to international affairs. This stands in contrast to the final years of Barack Obama’s presidency, when a median of 64 percent expressed confidence in Trump’s predecessor to direct America’s role in the world.”

Surely, some may think this lie to Trudeau is a small matter, particularly in light of the waves of Trump chaos and scandal that wash over us several times a day.

But it is this damaging of truth, this injuring of American identity, this undercutting of American credibility that will be the hardest to reverse.

One of Trump’s most lasting legacies will likely be the damage he’s doing to the fundamental idea that truth matters.

The world is watching, and that includes the world’s children, some of whom will register him as their first American president. How will they regard this absence from world leadership that Trump is enacting? Will they grow up repulsed by it? Most hopefully will. But there will undoubtedly be others that draw a different lesson from the Trump philosophy: Create your own reality; populate it with “facts” of your own creation; use lying as a tactic; remember that strict adherence to truth is a moral barrier and morality is a burden.

This is what this man is projecting: A debauched character and a hollow place where integrity should exist.

Rather than preserving the nobility of the presidency, he is debasing it. Rather than burnishing the image of America, he is tarnishing it.

It is an awful fact that the most powerful man in America may also represent the worst of America. In a way, Trump is the un-American president.

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“Small and ignorant and unprincipled” — yup, that’s our “Con-Man-In-Chief” in a nutshell! But, the worst thing is the GOP politicos and others who continue to support and enable his toxic presidency. That’s how democracies turn into tyrannies.

PWS

03-20-19

THE LEVIN REPORT: “A wise person once said, of working in the White House: ‘It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.’” 🤡🤡🤡🤡

Bess Levin writes in Vanity Fair:

“A wise person once said, of working in the White House: “It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.” Whether or not that description can be attributed to Gary Cohn or is simply “representative” of his views, we may never know, but it’s obviously a good summation of what life is like inside the capsizing Carnival cruise ship that is the West Wing, particularly over the last 24 hours.

To recap, on Wednesday night, The Washington Post reported that Donald Trump was expected to announce major tariffs on aluminum and steel on Thursday, a development that apparently caught administration officials completely off guard. Though Trump has been itching to start a trade war since he announced his candidacy for president, virtually all of his advisers, outside the truly batshit insane ones, strongly advised against such punitive measures, as they could ultimately hurt many U.S. allies and provoke retaliation by U.S. trading partners, among other terrible consequences. During a June meeting with his Cabinet to discuss the issue, a whopping 22 people were said to be against Trump’s wishes, to the three who weren’t: Commerce Secretary Wilbur Ross, then-senior adviser Steve Bannon, and Trump himself. Unhappy that more people weren’t on his side, Trump reportedly screamed, “I want tariffs. And I want someone to bring me some tariffs!”

With Bannon’s departure, there was a thought that sheer numbers, if not sanity, would prevail. In addition to Cohn, Treasury Secretary Steven Mnuchin, Secretary of State Rex Tillerson, and Secretary of Defense James Mattis have all strenuously argued against the tariffs, warning that they could hurt the global economy, damage key relationships, and threaten national security. That was obviously wishful thinking, though, given that 1) when Trump gets an idea in his head, no matter how dumb it is, he doesn’t let it go, and 2) the president has recently been taking the advice of Peter Navarro, a hard-line trade adviser who makes Bannon look like a “globalist cuck.” (For reference, Navarro wrote a book called Death by China, has encouraged Trump to go after freaking Canada, and thinks the North American Free Trade Agreement is responsible for an increase in spousal abuse, divorce, and infertility.) Considering Navarro’s growing influence in the White House, in retrospect it probably shouldn’t have come as a shock that this afternoon, this happened:

President Trump said on Thursday that he will impose stiff and sweeping tariffs on imports of steel and aluminum as he moved to fulfill a key campaign promise to get tough on foreign competitors. Mr. Trump said he would formally sign the trade measures next week and promised they would be in effect “for a long period of time.” The trade measures would impose tariffs of 25 percent on steel and 10 percent on aluminum. It is unclear whether those would apply to all imports or be targeted toward specific countries, like China, which have been flooding the United States with cheap metals.

The announcement capped a frenetic and chaotic morning inside the White House as Mr. Trump summoned more than a dozen executives from the steel and aluminum industry to the White House, raising expectations that he would announce his long-promised tariffs. However, the legal review of the trade measure was not yet complete and, as of Thursday morning, White House advisers were still discussing various scenarios for tariff levels and which countries could be included, according to people familiar with the deliberations.

It’s hard to overstate how bad of an idea this is. In addition to going against the advice of nearly all of his advisers and most people on Capitol Hill, essentially flipping off the World Trade Organization, and likely alienating important allies, the “JOBS JOBS JOBS” president is putting countless “JOBS” at risk in sectors like the automotive industry that obviously rely on aluminum and steel to manufacture their products. (According Axios’s Jonathan Swan, a report put out by Wilbur “wake me when the meeting is over” Ross that recommended imposing tariffs enraged Cohn because it didn’t factor in such collateral damage. Cohn and other staffers were also reportedly irked by the fact that the report suggested Trump’s fantasy of a manufacturing Renaissance could come true, when everyone knows it’s never gonna happen.)

To give you an idea of how unpopular today’s announcement was, even the Brothers Koch have come out against it, calling the tariffs, via their Americans for Prosperity mouthpiece, “a misguided approach that will hurt American businesses and families by increasing costs and undermining the tax relief just delivered by Congress and President Trump.” Larry Kudlow, whose name as been floated as a possible replacement for Cohn, and who is a huge fan of Trump’s, slammed the move, too, saying “All that will happen with steel tariffs is you will raise prices for all import users and that includes businesses and of course consumers. You will wind up hurting millions of people to help 140,000 people in the steel industry.” But don’t take their word for it. Here’s how Trump’s favorite metric responded:

(For those of you who are not visual learners, what we’re saying is: the Dow plunged 550 points on the news, closing the day down more than 400 points. For a stock-market obsessed president, that’s gotta hurt.)

Scott Pruitt, risking his life, will fly coach

Earlier this month, Environmental Protection Agency chief Scott Pruittcame under fire for routinely flying first or business class when coach would have sufficed. His excuse? That “we live in a very toxic environment politically, particularly around issues of the environment,” and one time someone went up to him in the airport and uttered completely factual statements to his face. From there on out, his security detail decided that flying at the back of the plane was too much of a risk, and that Pruitt’s safety could only be ensured in the part of the aircraft where the booze is on the house. Today, however, this hugely brave American announced that those days are over.

During an interview with CBS News, Pruitt said that he has told his security detail “to accommodate those security threats in alternate ways . . . up to and including, flying coach going forward.”

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Get “The Levin Report” full version here https://tinyletter.com/besslevin/archive

Perhaps showing why we have the Trump “Clownocracy” in the first place, some Dems actually enthusiastically endorsed Trump’s idiotic move. As the late great Casey Stengel might have said, “Can’t anyone here play this game?” Guys, we need steel and aluminum, and we import one heck of a lot more than we make. Even an “economic dummy” like me knows that. So, a trade war that hurts American consumers and manufacturers who use steel and aluminum is going to be a big loser for us. Countries like ours that are, and almost certainly always will be, net importers rather than exporters can’t afford trade wars (particularly with our, perhaps soon to be former, “friends” like Canada & the EU)!

Finally, a “too bizarre not to be true rumor” sweeping the “world of inside the Beltway punditry” is that “Don the Con Man” will fire “Mr. Magoo” (a/k/a “Gonzo Apolyptco,” a/k/a “Jeff Sessions”) and temporarily replace him with the ethically challenged Scott “First Class” Pruitt for long enough to completely dismantle the Justice Department and our system of justice just as he did with our environment and the EPA. Talk about the “GOP Wrecking Crew” and the not-so-smart minority of folks who voted them into power. Vladi must be laughing his tail off!

PWS

03-02-18