⚖️🗽HUMAN RIGHTS FIRST ON EVERYTHING THAT’S WRONG ABOUT TITLE 42🏴‍☠️! — Also, Positions With HRF Available: Fight The Scofflaws, Nativists, Deniers, Fear-Mongers, & Enablers Who Made Title 42 & Other Degrading White Nationalist Policies Possible, & Those Who “Continue To Defend The Indefensible!”

 

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humanrightsfirst.org
Dear Paul:

 

After two years of advocacy by Human Rights First and our allies, President Biden announced that his administration would end Title 42 this Monday, May 23.  Instead, a suit by attorneys general mirroring the talking points of the Trump administration blocked the end of this inhumane policy.

 

We will continue to push for the end of the misuse of Title 42 and advocate for fair and just asylum system until we succeed and refugees are welcomed with dignity to the United States.

Taking action on Title 42
The Biden administration had announced a plan to end on May 23 the misuse of Title 42 public health regulations that have barred asylum seekers at the border for the past two years.  On Friday a federal court in Louisiana forced the continuation of this egregiously inhumane policy.

 

Anwen Hughes, Director of Legal Strategy for Refugee Programs responded, “The court’s ruling requires the continuation of a public health policy that public health experts have concluded is not needed, and allows the continued evasion of U.S. immigration and refugee laws.”

 

Human Rights First joined 57 partner organizations in an amicus brief in this case detailing the human costs of using this policy at the border.  Our most recent report, authored with allies Al Otro Lado and Haitian Bridge Alliance, underscored how extending Title 42 escalates dangers to asylum seekers, exacerbates disorder at the border, and magnifies discrimination in the system.

Courtesy Reuters
Migrants expelled from the U.S. are sent back to Mexico over the Paso del Norte International border bridge.
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“Every day that the Title 42 order remains in place is a day when the United States is turning away people seeking refuge to places where their lives are in danger.”
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Eleanor Acer appeared on Al Jazeera Friday night to discuss the continuation of Title 42.
Human Rights First President and CEO Michael Breen joined Rep. Pramila Jayapal, Chair of the Congressional Progressive Caucus, Mary Kay Henry, International President of the Service Employees International Union (SEIU), and Marielena Hincapié, Executive Director of the National Immigration Law Center (NILC), in a press call on Monday, the day that should have marked the end of the use of Title 42.

 

Speakers called for the end of this cruel policy and reiterated the need for a fair and humane asylum system that centers the dignity of all people.

 

“It is encouraging that the Justice Department quickly filed an appeal to the Louisiana court’s ruling, which extends the use of a policy, ostensibly based on public health, that public health experts have concluded is not needed.  Now it is critical that the administration take all necessary steps to defend the CDC’s decision to end the use of Title 42,” said Breen.

 

A recording of the press event is available here.

 

Finally, two key members of our refugee protection research team, Kennji Kizuka and Associate Attorney for Refugee Protection Julia Neusner are at the border this week, reporting on the impact of Title 42 and Remain in Mexico on asylum seekers.  Please follow their up-to-the-moment reports on Twitter — @JuliaNeusner and @KennjiKizuka.

Introducing new members of our team
Yesterday, Human Rights First was pleased to announce the addition of two critical new members of our program addressing extremism, Erin E. Wilson as the Senior Director for Extremism and Human Rights and Elizabeth Yates, Ph.D. as Senior Researcher on Antisemitism.

 

Over her 20-year career, Wilson established herself as an expert on domestic extremism, serving as a senior policy strategist and analyst in the U.S. Government’s executive and legislative branches. She has extensive experience with stakeholders in communities around the world as well as federal, state, local agencies and law enforcement partners to address extremism using a rights-centered approach.

Erin E. Wilson

Senior Director of

Extremism & Human Rights

Elizabeth Yates, Ph.D.

Senior Researcher

on Antisemitism.

Yates served at the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland, contributing to their work on domestic extremism and hate crimes. She co-authored numerous reports and articles on topics including extremism in the U.S. military, the growth of anti-Muslim terrorism, mass casualty hate crimes, and disengagement from right-wing extremism. Her analysis and commentary have regularly been featured on local and national news.

 

“Domestic extremism and antisemitism are two sides of the same coin, and Human Rights First is working to take that currency out of circulation,” said Michael Breen. “We are certain that as Human Rights First works to counter white supremacist extremism and the existential threat it poses to American democracy, the experience and tenacity Erin Wilson and Elizabeth Yates have long shown on these issues will be great resources.”

Join our Spring Social
We are thrilled to welcome Segun Oduolowu as emcee at our Spring Social!

 

Oduolowu joined PEOPLE (The TV Show!) as a correspondent this year after hosted the nationally syndicated television show, The List.  With Bounce TV network, Segun executive produced Protect or Neglect, a documentary focused on police brutality in underserved communities.

 

He was co-host of See It/Skip It, a weekly Facebook Live show produced by Rotten Tomatoes and he has appeared on Access Hollywood, The Wendy Williams Show and contributed to international programs for CNN, the BBC and Deutsche Welle.

The emcee for our June 8

Spring Social, Segun Oduolowu

Please join us and Segun Oduolowu for cocktails on the roof of the Bryant Park Grill in New York City on June 8 from 5:30 to 8pm EDT to honor the work of human rights defenders & highlight our work responding to the crises in Ukraine and Afghanistan.

 

Get your tickets now for what promises to be a great evening!

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Returning to Afghanistan
If you missed our live webinar “Tenets and Terrors: The Ideology and Violence of the Taliban in Afghanistan,” an in-depth look at the key factors, background, and worldview that motivates the Taliban, you can still participate in this important event by watching our recording or reading the transcript here.
Human Rights First is hiring
Human Rights First seeks passionate team members who are interested in changing lives, impacting policy, and moving public opinion.

 

Please check out our careers page and apply to join us today.

Watch for more news as our work for human rights continues.  And please stay in touch on social media:
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PLEASE MAKE HUMAN RIGHTS A PRIORITY IN YOUR LIFE

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Not surprisingly, things have gone downhill for the Biden Administration on multiple fronts since their initial failure to hit the ground running with a strong condemnation and revocation of the Title 42 travesty!

Here’s a chance for the “new generation” of theNDPA to “sign on” with HRF and fight nativist racism on all levels! There is no end in sight for the need for actions to force the Biden Administration, the U.S. Government, Federal Courts, and state and local governments to comply with the law and our (not yet completely and equally implemented) Constitutional guarantees. Fight the “good fight” to end “dehumanization of the other” which, shockingly, has become SOP for the GOP right and their enablers!

Check out the link to the HRF Careers Page above!😎👍🏼⚖️🗽

🇺🇸 Due Process Forever!

PWS

05-27-22

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🏴‍☠️SCOFFLAW NATION! — TRUMP US JUDGE, GOP NATIVIST AGs CONTINUE TO DUMP ON ASYLUM SEEKERS, ☠️ HANDING HUMAN SMUGGLERS A HUGE VICTORY!🤮

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

Andrea Castillo reports for the LA Times:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=80d73090-8dd0-48a7-a802-afbc852fc2f8

. . . .

A family in Tijuana who wanted to request asylum and advocacy groups including Innovation Law Lab sought to intervene in the lawsuit. They argued that a court order keeping Title 42 in place should only apply to states involved with the suit. Summerhays denied their request.

Alicia Duran Raymundo, her partner and their 6-year-old daughter fled El Salvador after gang members threatened to torture and kill them. She said in a news release from her lawyers last week that they wanted to live with extended family in California while pursuing asylum, but instead joined the thousands of migrants living in Mexican border towns while they wait for the U.S. to reopen its doors.

“We’ve tried many times to ask for asylum but they just tell us the border is closed,” Duran said.

Seeking asylum is a legal right guaranteed under federal and international law, regardless of how someone arrived on U.S. soil. Some of those turned away are fleeing persecution, while others pushed out by turmoil in their home countries seek jobs and security.

Though migrants can’t seek asylum under Title 42, they can still be screened under the United Nations Convention Against Torture. But those screenings are more difficult to pass.

Lee Gelernt
Lee Gelernt
Deputy Director
ACLU Immigrants’ Rights Program
PHOTO: ACLU

Lee Gelernt, deputy director of the American Civil Liberties Union’s immigrant rights project, noted that regardless of Friday’s decision, a prior ruling in Washington, D.C., District Court taking effect Monday prevents Title 42 from applying to families who face persecution or torture if they are expelled. Gelernt is lead attorney in that case.

“Hypocritically, the states that brought this lawsuit seemingly care about COVID restrictions only when they involve asylum seekers,” he said. “The lawsuit is a naked attempt to misuse a public health law to end protections for those fleeing danger.”

. . . .

Migrants have been removed from the U.S. nearly 2 million times since Title 42 was first used in March 2020, in some cases to dangerous situations in which they’ve been tortured or raped.

. . . .

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

Aaron Reichlin-Melnick, senior policy counsel at the American Immigration Council, predicted that Title 42 is likely to stay in place until at least next year.

Summerhays’ decision signals that while the Biden administration can establish a policy under emergency conditions, terminating it requires a rulemaking comment period that could take six months to a year.

Louisiana and the other states are not arguing that the policy can never end, Reichlin-Melnick said, but they’re imposing judicial roadblocks to delay it. The CDC is likely to try to end the policy again while satisfying the judge’s demands, he said.

In the meantime, he said, “we’re going to see an ever higher number of repeat crossings. Look at the border and tell me Title 42 works.”

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The case is Louisiana v. CDC, WD LA, 05-20–22. Here’s a link to the opinion:

https://www.bloomberglaw.com/public/desktop/document/LouisianaetalvCentersforDiseaseControlPreventionetalDocketNo622cv/7?1653080541

Read Andrea’s full report at the above link!

Of course Title 42 doesn’t work! But, it’s never been about a “working” border asylum policy. NO, it’s always been about cruelty fueled by nativist racism!

🇺🇸Due Process Forever!

PWS

05-21-22

SOUTHERN BORDER: BIDEN ADMINISTRATION FINALLY REVEALS PLAN FOR LIFTING TITLE 42 — Long On Enforcement, Deterrence, Punishment, Notably Short On Humanitarian Reforms, Positive Legal Guidance, Cooperation With NGOs, States, & Localities Who Welcome Refugees & Asylum Seekers !

Here it is:

https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf

Unfortunately, you have to get “down to the fine print” (page 13 of 20) find the paragraph that should be the “centerpiece of restoring the rule of law” — a functional legal  asylum processing at ports of entry that would encourage refugees to present themselves there for fair and humane processing rather than seeking irregular entry with the help of smugglers.

Port of Entry Processing

The imposition of the Title 42 public health Order severely restricted the ability of undocumented noncitizens to present at POEs for inspection and processing under Title 8. The closure of this immigration pathway for much of the time Title 42 has been in effect has driven people between POEs at the hands of the cartels. Returning to robust POE processing is an essential part of DHS border security efforts. Beginning in the summer of 2021, DHS restarted processing vulnerable individuals through POEs under Title 8, on a case-by-case basis for humanitarian reasons, pursuant to the exception criteria laid out in CDC’s Title 42 Order. These efforts, which we have recently expanded, offer individuals in vulnerable situations a safe and orderly method to submit their information in advance and present at POEs for inspection and subsequent immigration processing under Title 8. We also have enhanced Title 8 POE processing through the development of the CBP One mobile application, which powers advanced information submission and appointment scheduling prior to an individual presenting at a POE. We will make this tool publicly available and continue to expand its use to facilitate orderly immigration processing at POEs.

13 of 20

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The failure of Garland to appoint a new, expert BIA committed to due process and providing fair, practical positive guidance on the generous application of asylum law foreshadowed by INS v. Cardoza Fonseca a quarter of a century ago, but never realized in practice, is likely to become a millstone around the Administration’s neck. There is no substitute for due process and fundamental fairness. The current dysfunctional, mismanaged, and inappropriately staffed EOIR is not capable of providing the necessary leadership, consistency, and accountability.

Also, in light of U.S. District Judge Robert Summerhays’s  “off the wall” decision in Arizona v. CDC, it’s not clear that Title 42 will ever be lifted. 

🇺🇸Due Process Forever!

PWS

04-29-22

🏴‍☠️ PARALLEL UNIVERSE — TRUMP JUDGE ELEVATES FABRICATED “STATE HARM” OVER HUMAN LIVES, RULE OF LAW, & HUMAN RIGHTS! 🤮

Arizona v. CDC, W.DLA

https://storage.courtlistener.com/recap/gov.uscourts.lawd.188754/gov.uscourts.lawd.188754.37.0_3.pdf

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So, the DHS can’t make advance preparation for orderly resumption of legal processing for asylum seekers? Clearly fabricated “harm” over human lives and human rights? Ignoring the well-documented record of deadly harm inflicted on those seeking asylum by lawless Title 42 enforcement? Racist actions by a U.S. District Judge specifically directed against Hispanic migrants from the Northern Triangle? No realistic connection whatsoever to “public health?” Obviously this is a scheme by an unqualified Federal Judge and White Nationalist GOP state AGs to end asylum law at the border!

The problem: They are  getting away with it!

🇺🇸 Due Process Forever!

PWS

04-28-22