🏴‍☠️ BLACK DECEMBER! — DEMS READY TO SELL OUT ASYLUM SEEKERS’ LEGAL & HUMAN RIGHTS TO GET WAR FUNDING DEAL? — Experts Rip GOP’s End Asylum Proposal, Even As Some Dems Signal Willingness To Cave!

Border Death
“Dems appear to have developed a bad habit of ‘‘bargaining away’ lives and rights that don’t belong to them in the first place.”  Taken at the Tijuana-San Diego border.
Tomas Castelazo. To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://apple.news/AV6SKpJ3_Sr6s28WOna6z1A

Jennifer Habercorn and Burgess Everett report for Politico:

A growing number of Senate Democrats appear open to making it harder for migrants to seek asylum in order to secure Republican support for aiding Ukraine and Israel.

They are motivated not just by concern for America’s embattled allies. They also believe changes are needed to help a migration crisis that is growing more dire and to potentially dull the political sting of border politics in battleground states before the 2024 elections.

“Look, I think the border needs some attention. I am one that thinks it doesn’t hurt,” said Sen. Jon Tester (D-Mont.), one of the Senate’s most vulnerable Democrats in next year’s midterm election.

Tester said he’s eager to see if a bipartisan group of negotiators can come up with an agreement on a policy issue as elusive as immigration. While he refused to commit to supporting a deal until he sees its details, he didn’t rule out backing stronger border requirements. And he’s not alone.

“I am certainly okay with [border policy] being a part of a national security supplemental,” said Sen. Tammy Baldwin (D-Wis.), another Democrat facing reelection next year. On changes to asylum policy, she said: “I would like to see us make some bipartisan progress, which has eluded us for years. The system’s broken.”

. . . .

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

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Meanwhile, the GOP’s proposal to essentially end asylum — going well beyond the unfair and unduly restrictive policies already imposed by the Administration — has been condemned in the strongest possible terms by human rights and immigration experts. For example, here’s what Professor Karen Musalo, Founder & Director of the Center For Gender & Refugee Studies at Hastings Law, and an internationally-renowned human rights expert, said yesterday:

CGRS Urges Senators to Reject GOP Push to End Asylum

Nov 28, 2023

As negotiations over President Biden’s supplemental funding request continue, the Center for Gender & Refugee Studies (CGRS) urges lawmakers to reject Republican-led proposals that would upend the U.S. asylum system and eviscerate life-saving protections for people fleeing persecution and torture.  If enacted, they would erase our longstanding tradition of welcoming asylum seekers and lead to the wrongful return of refugees to countries where they face persecution or torture, in violation of international law.

“These radical proposals amount to a complete abandonment of the U.S. government’s legal and moral obligations to extend protection to refugees fleeing persecution,” Karen Musalo, Director of the Center for Gender & Refugee Studies (CGRS), said today. “In practice, they would result in the persecution, torture, and deaths of families, children, and adults seeking safe haven at our nation’s doorstep. It is utterly shameful that Republican lawmakers are attempting to exploit the budget negotiations process to advance an extremist, anti-immigrant and anti-refugee agenda. The lives of people seeking asylum are not political bargaining chips. We urge lawmakers to join Senator Padilla and other congressional leaders in rejecting these cynical proposals.”

https://cgrs.uclawsf.edu/news/cgrs-urges-senators-reject-gop-push-end-asylum

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

Read the complete Politico article at the first link above.

To me, expressions like “attention” and “bipartisan progress” used by Dem politicos in connection with the Southern border are “code words” for appeasing the GOP nativist right by agreeing to “more border militarization” and “abrogation of the human rights of refugees and asylees!” 

I see little “attention” or “bipartisan progress” being discussed on measures that, unlike the GOP “end of asylum/uber enforcement” proposals, would actually address the humanitarian situation on the border (and elsewhere) in a constructive and positive manner:

  • More, better trained, expert Immigration Judges and Asylum Officers;
  • Organized resettlement assistance and expedited work authorization for asylum applicants;
  • Legal assistance for asylum seekers;
  • An independent Article I Immigration Court;
  • Revision of the refugee definition to more clearly cover forms of gender-based persecution;
  • Increased DHS funding for sophisticated undercover and anti-smuggling operations targeting smugglers and cartels;
  • Adjustment of status for long-term TPS holders.

These are the types effective measures that have long been recommended by experts, yet widely ignored or even directly contravened by those in power. The negative results of “enforcement only” and “extreme cruelty” at the border are obvious in today’s continuing humanitarian situation. 

The idea that a forced migration emergency will be “solved” by more draconian enforcement, eradication of human rights, and elimination of due process, as touted by GOP nativists, is a preposterous! Yet, many Dems seem ready, even anxious, to throw asylum applicants and their advocates under the bus — once again!

Unhappily, Congress and the Biden Administration have paid scant attention to the views of experts and those actually involved in relieving the plight of asylum seekers at the border. The politicos continue to dehumanize and demean forced migrants while stubbornly treating a human rights emergency as a “law enforcement crisis” that can be solved with more cruelty and repression.

As experts like Karen Musalo continue to point out, experience shows us that more deterrence and harshness will only make things worse, squandering resources and attention that could more effectively be used to address and alleviate unnecessary human suffering and finally making our refugee and asylum systems function in a fair and efficient manner. 

Yet, politicos are more interested in grandstanding, “victim shaming,” and finger pointing than in achieving success and harnessing the positive potential of forced migration for countries like ours fortunate enough to be “receivers” rather than “senders!” 

Ending asylum will NOT stop refugees from coming — at least in the long run. Every Administration manipulates or misrepresents statistics to show immediate “deterrent” effect from their latest restrictionist gimmicks (some ruled illegal by Federal Courts). But such “bogus successes” are never durable! 

As the current situation shows, decades of failed deterrence merely creates new flows, in different places, piles up more dead migrant bodies, and surrenders the control of border policies to smugglers and cartels. That, in turn, fuels calls by restrictionists and their enablers for harsher, crueler, and ever more expensive (and profitable to some) sanctions imposed on some of the world’s most vulnerable humans.

If asylum ends, America will find itself with a larger, less controllable reality of a growing underground population of extralegal migrants. Contrary to nativist alarmism, this population has remained largely stable recently. 

But, that will change as the legal asylum system contracts. Right now, most asylum seekers either apply at ports of entry (often undergoing unreasonable and dangerous waits and struggling with the dysfunctional “CBP One App”) or voluntarily surrender to CBP shortly after entering between ports. The GOP and Dem “go alongs” are determined to change that so that those seeking refuge will have no choice but to be smuggled into the interior where they can become lost in the general population. 

This, in turn, will fuel demands by GOP White Nationalists and their Dem enablers for even more expensive and ultimately ineffective border militarization. It will also turn DHS into an internal security police. 

Unable to “ferret out” and remove the underground population — because, in fact, they look, act, and are in many cases indistinguishable from native-born Americans and often perform essential services — they will concentrate on harassing and spreading fear among minority populations in America. Also, Trump has also promised that if re-elected, he will abuse his Executive authority to punish his critics and political opponents. Further empowerment of DHS in the interior would be handy in this respect.

Underground populations are also more susceptible to exploitation — another unstated objective of GOP restrictionist policies. What’s better for employers than a disenfranchised workforce who can be fired and turned over to DHS if they demand fair wages or better treatment? 

Senate Dems appear to be on the verge of doing precisely what Karen and other experts have repeatedly warned against: using the lives and rights of asylum seekers as a “political bargaining chip” to appease the GOP right and secure military funding for Israel and Ukraine. It’s exactly what happens when experts and those with “on the ground” experience dealing with forced migrants are “locked out of the room” where decisions are made!

While White Nationalist neo-fascists like Stephen Miller and his cronies have remained “at the heart” of GOP policy making on eradicating human rights and punishing asylum seekers, lifetime experts on human rights and asylum find themselves reduced to the role of “outside critics” and “kibitzers” as the Dem Administration and Senate Dems bumble along on the border and human rights. That’s a shame that will certainly diminish and threaten the future of American democracy! And, it’s hard to see how appeasing the GOP restrictionist right will help Dems in 2024!

🇺🇸 Due Process Forever!

PWS

11-29-23

 

🇺🇸🗽⚖️ ANDY J. SEMOTIUK @ FORBES: A 5-MINUTE “PLAIN ENGLISH” READ (OR LISTEN)  WITH TRUTH & CLARITY ABOUT ASYLUM & IMMIGRATION POLICY — “In short, national leaders must prioritize bipartisan comprehensive immigration reform and give it enough focus, time and effort for it to be achieved. There is just no other way!”

 

Andy J. Semotiuk
Andy J. Semotiuk,
Esquire
Attorney & Writer
PHOTO: Linkedin

https://www-forbes-com.cdn.ampproject.org/c/s/www.forbes.com/sites/andyjsemotiuk/2023/11/16/the-best-way-forward-on-immigration-reform-in-america/amp/

Three principles are at the core of Andy’s article:

. . . .

International Obligations and Refugee Protection

Key international obligations regarding refugees also play a crucial role in shaping the discourse. The United States, as a signatory to the 1967 Protocol to the United Nations Convention relating to the Status of Refugees, is bound by several obligations, including:

  1. Non-refoulement: Prohibiting the return of refugees to countries where they would face persecution or harm based on their race, religion, nationality, political opinion, or membership in a particular social group.
  2. Access to asylum procedures: Ensuring a fair and accessible process for individuals to seek asylum and present their claims for protection.
  3. Non-discrimination: Preventing discrimination against refugees based on factors such as nationality or place of entry.

. . . .

*************** 

Read the complete article at the link!

I think that the U.S. is in violation of all three of these essential, mandatory legal obligations. 

Gimmicks like Title 42, “Remain in Mexico,” coercive detention, “CBP One,” and artificial roadblocks for those applying between ports of entry have violated and continue to violate our “non-refoulment” obligation.

These provisions, along with conducting interviews in detention settings, improperly limiting access to representation, and “expedited dockets” to limit the ability to prepare and present claims are examples of violations of our obligation to provide “fair access” to our asylum system.

And, by intentionally designing our system to discourage and deny applicants of color from the Western Hemisphere, Africa, and Muslim nations, and imposing illegal higher burdens on those not applying at ports of entry, we clearly are violating the “non-discrimination” requirement.

The GOP answer is simply to double down on the violations and abrogate our domestic and international obligations. While the Biden Administration at least nominally acknowledges these obligations, their actions and policies, some actually carried over or borrowed from the Trump Administration, blatantly undermine these principles of protection. 

Indeed, the whole “movement” by both parties to use the refugee/asylum system for “rejection and deterrence” rather than “enhanced protection” is a “bipartisan legal and moral travesty!”

What if our “number one priority” was what it should be: Establish a world-class, expert, efficient, robust, generous system that is driven by, and true to, these three governing obligations?

Only after achieving that can we discuss and achieve “border security” in a realistic and effective manner! And, it couldn’t possibly be more expensive, in both fiscal terms and human lives cost, than decades of costly failed deterrence gimmicks and schemes! It’s a case of badly screwed up priorities aggravated by political cowardice! 

Institutionalized cruelty, deterrence, and unlawful behavior by our Government has failed to create order at the border and has demonstrably destroyed or diminished human lives. Why not give adherence to laws and to humanitarian values and principles a chance?🤯

We can diminish ourselves as a nation, but it won’t stop human migration!

🇺🇸 Due Process Forever!

PWS

11-25-23

☠️🏴‍☠️ BORDER REALITY: TRAUMA TO THOSE SEEKING ASYLUM AT BORDER STARKLY CONTRASTS WITH POLS’, MEDIA’S “OPEN BORDERS” MYTH! — Women’s Refugee Commission (“WRC”) Releases New Report: “This reinforces yet again that the asylum ban does not appear to have any deterrence effect on their decision to seek protection in the United States and instead simply results in chaos and harm.”

Katharina Obser
Katharina Obser
Director of Migrants Rights and Justice
Women’s Refugee Commission
PHOTO: Women’s Refugee Commission website

Close to San Diego, California, hundreds of people seeking asylum are being held in deplorable conditions. So-called open-air detention sites are desolate areas in the US at or close to the US-Mexico border, where men, women, and children seeking protection wait outside, exposed to the elements. Nonprofit organizations and volunteers do their best to provide desperately needed water, meals, snacks, first aid, diapers, clothing, and blankets.

Last month, the Women’s Refugee Commission traveled to San Diego and Tijuana, Mexico, to assess the conditions that people seeking asylum at the US-Mexico border face. Our short report, released today, is heartbreaking. We heard about families being separated. About people scared to go to hospital for treatment in case they aren’t reunited with their loved ones. And about rampant exploitation of people seeking asylum as they travel through Mexico to reach the United States.

READ OUR NEW REPORT
We will use our findings to advocate that the Biden administration rescind its asylum ban; ends the use open-air detention sites; and that Congress significantly increase investment in organizations providing short-term aid, housing, and services. And we will continue to call for those seeking asylum to be treated humanely and with dignity.
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Katharina Obser
Director, Migrant Rights and Justice Program
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Compare this with the “border BS” spread by the GOP and the media that ignores the human and legal traumas at the border and falsely insists that competently administering domestic and international refugee and asylum laws is “mission impossible” for the world’s most prosperous superpower.

It appears that the politicos are too busy spreading lies and myths about the most vulnerable among us to solve problems in a humane, reasonable, and efficient manner!

🇺🇸 Due Process Forever!

PWS

11-24-23

🇺🇸🗽⚖️😇 THE STORY THE “MAINSTREAM MEDIA” IGNORES: Faith Commnities In Chicago Continue To Aid Forced Migrants Despite GOP Stunts & Feds’ Indifference!

Rev. Craig Mousin
Rev. Craig Mousin
PHOTO: DePaul University Website

From Rev. Craig Mousin:

Dear Paul,

I trust you are well.  You might be interested in the 2023 Annual meeting of Chicago’s Community Renewal Society as it focused on the bussing of asylum-seekers to Chicago and the response of faith communities and community-based organizations:

Although many reports in the media critique Chicago and other major cities response to southern governors who bus asylum-seekers and newcomers from the southern border to Chicago, we have not heard as much about the outpouring of support and hospitality offered by Chicagoans through faith communities, community-based organizations, and volunteers.  The held its 2023 Virtual Meeting on November 9, 2023, to highlight some of that hospitality and welcome.  You can view the entire meeting at the link below.  You will hear some great preaching about Chicago faith communities’ responses from Rev. Dr. Waltrina Middleton, CRS Executive Director, (starting at 0.15), and Rev. Dr. Beth Brown, Pastor at Lincoln Park Presbyterian Church (starting at 30.16).  Fasika Alem, Programs Director of the United African Organization described their work as part of the Sanctuary Working Group (starting at 7:56).  I provided a brief review of the Refugee Act of 1980 and a description of former Mayor Harold Washington’s first Executive Order banning city cooperation with federal immigration enforcement agents (starting at 44:30).  You can view the entire meeting at: https://www.communityrenewalsociety.org/videos/v/2023ama  #CRSAMA2023

Please share this resource regarding CRS and Chicago faith communities’ responses to migrants arriving in Chicago. If you would like more information about Mayor Harold Washington’s first Executive Order and the coalition that supported the welcome of immigrants and refugees to Chicago, see my article in the Southern Illinois Law Journal: “A Clear View from the Prairie: Harold Washington and the People of Illinois Respond to Federal Encroachment of Human Rights,” 29 S. Ill. L. J. 285 (Fall, 2004/Winter, 2005):   https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2997657

If you have any questions, please let me know.

Best wishes for a blessed and Happy Thanksgiving.

Craig

 

Craig B. Mousin

 

You can find some of my publications at either:

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=667812or

https://works.bepress.com/craig_mousin/

You can find my digital story at:https://www.youtube.com/watch?v=c9VTkjhzIcI

You can follow the podcast Lawful Assembly at:https://lawfulassembly.buzzsprout.com

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

Thanks, Craig! 

Human migration is inevitable and has huge benefits to societies that learn how to deal with it in a robust, legal, humane, realistic manner, rather than exhibiting “fear and loathing.” See, e.g., https://www.forbes.com/sites/andyjsemotiuk/2023/11/15/new-report-details-huge-contribution-immigrants-are-making-to-america/.

Yet, the so-called “mainstream media” exhibits little interest in the realities and benefits of migration. Instead they prefer to uncritically repeat White Nationalist “talking points” about “invasions,”  “burdens,”  “costs,” and “unprecedented crises.”

They also regularly blur the distinction between “unauthorized entrants” and the many asylum seekers who are screened and allowed into the U.S. to exercise their legal rights to apply for protection under U.S. and international laws (in, I might add, a legal system intentionally stacked against them). Such individuals are here with official permission; they are “NOT” “illegal entrants” as White Nationalists like to incorrectly characterize them. Indeed, the “scofflaws” here are actually those who seek to deny both the humanity and the legal rights of asylum seekers!

The Administration aggravates this situation by failing to speak out forcibly in favor of immigrants’ rights and the realities and benefits of immigration. They also have not developed a coordinated reception and resettlement approach to combat the shenanigans of GOP nativist governors and politicos. The Dems thus have mistakenly turned the initiative on human rights and immigration over to haters, nativists, and fabricators — folks with no interest whatsoever in instituting humanity, efficiency, and the rule of law at the border!

Thus, the truth about immigration and its benefits as well as humane, realistic ways of improving our immigration system (including the process for accepting refugees and asylees) remains largely hidden “beneath the radar screen.”

 

Jorge Gonzalez, Esquire
Jorge Gonzalez, Esquire
Senior Counsel, Patent Litigation
AbbVie
PHOTO: Linkedin

In a recent post, Attorney Jorge Gonzalez stated his actual experience helping asylum seekers at the southern border:

I interviewed many migrants awaiting their credible fear interview. All of them suffered persecution during their time in Mexico, whether they were robbed by police, cartel members, or ordinary citizens. Many were kidnapped and held for ransom. Some had group members that did not finish the journey.

⚖️🗽🇺🇸 AT THE BORDER: AS WHITE NATIONALIST CANDIDATE TAKES CAMPAIGN OF HATE, LIES, & RACISM TO THE BORDER, JORGE GONZALEZ, ESQUIRE, REFLECTS ON A WEEK OF HELPING PEOPLE STRUGGLING TO SURVIVE & ASSERT LEGAL RIGHTS ROUTINELY DENIED TO THEM!

This speaks loudly about those, from both parties, who seek to impose “gimmicks” and  “further restrictions” at our already over-militarized border that would “deter” legal asylum seekers by forcing them to remain in Mexico or denying them fair hearings on their applications. The question of “right or wrong” here is not fairly debatable! Intentionally mistreating asylum seekers is wrong from both a legal and a moral standpoint! Yet, one sure wouldn’t know that from listening to the “mainstream media!”

The GOP prefers demagoguery to truth. Meanwhile, the Dems are scared to embrace the truth about immigration. 

🇺🇸 Due Process Forever!

PWS

11-21-23

🇺🇸⚖️🗽👍 STUDY INDICATES THAT WITH UNDERSTANDING & ASSISTANCE, MOST APPLICANTS WOULD PASS “CREDIBLE FEAR” — Why Are Politicos Ignoring Most Cost-Effective Solutions?

Susan Dunlap
Susan Dunlap
Educator and Reporter
NM Political Report
PHOTO: Linkedin

https://nmpoliticalreport.com/2023/11/07/pilot-program-more-than-90-of-asylum-seekers-pass-credible-fear-interview-when-given-help/

Susan Dunlap reports for NM Political Report:

An immigrant advocacy center found that when their staff were able to provide legal representation or help to immigrants facing credible fear interviews, the immigrant outcomes improved considerably.

Las Americas Immigrant Advocacy Center, a nonprofit based in El Paso, released a report last week detailing challenges the organization’s staff found and recommendations for change and statistical data on individuals seeking asylum in the U.S. The nonprofit initiated a pilot project over eight weeks in the summer of 2023 in two New Mexico immigration detention facilities: The Torrance County Detention Facility and Otero County Processing Center along with the El Paso Processing Center. The project sought to provide participating asylum seekers legal representation or help in preparation prior to the migrant’s credible fear interview. They found that the participating asylum seekers had a 91.6 percent pass rate at the three facilities.

A credible fear interview is an important part of the immigration process for asylum seekers, advocates have said. Often, asylum seekers are placed into detention facilities where there is documented abuse before they are allowed a credible fear interview with an immigration judge. Advocates who work with asylum seekers have said that asylum seekers are often brought to a room to talk to the immigration judge over the phone. The conversation is not private and the asylum seeker is often not given time to prepare. Sometimes the asylum seeker is not provided a translator and not all asylum seekers speak Spanish or English. If the asylum seeker fails to convince an immigration judge of the danger they left behind, the asylum seeker is most likely to face deportation and are often returned to life threatening situations, advocates have told NM Political Report in the past.

. . . .

One recommendation to help solve the problem is for the creation of scholarship programs for community members with lived experience and building a community accreditation program that would offer community members with free training and job placement.

“This would also provide a cost-effective way of expanding legal services to meet demand, giving organizations like ours a more sustained means of providing quality legal services to a higher number of migrants,” the report states.

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

Read Susan’s complete article at the link.

Studies like this reflect a reality that experts have long recognized, but few politicos and media figures are willing to admit:

  • Many, probably the majority, of those arriving at the border have credible claims for asylum;
  • They won’t be “deterred” from coming by cruelty, punishment, negative, often racist, rhetoric, and ever more extreme, deadly, yet ultimately ineffective border militarization;
  • With competent representation and better adjudicators —  those with demonstrated, recognized adylum expertise — at both USCIS and EOIR many more asylum claims can and should be granted in a timely manner;
  • Rather than more expensive, ineffective border militarization, harsh imprisonment (“New American Gulag”), and coming up with new immoral and illegal restrictions on asylum, the Federal Government should be investing in more rational and cost-effective measures such as:
    • Training and approving more accredited representatives for arriving asylum seekers through programs like VIISTA Villanova;
    • Assisting localities and NGOs with reception and resettlement services;
    • Implementing better hiring practices and asylum training at the Asylum Office and EOIR;
    • Granting more asylum cases in a timely manner at or near to the “initial encounter” level (something that the Administration empowered itself to do, then inexplicably “suspended” the program just when it was MOST needed);
    • Developing better coordination, skills matching, and job training for those granted asylum;
    • Investing in English Language Learning, vocational training, social work, and other integration and assimilation services in communities where refugees resettle (notably, this would also create good job opportunities — many at the “professional” level — for existing U.S. workers).

It’s past time to move beyond “open border myths” and come up with humane, productive, legal, and effective programs to deal with the realities of human migration at our border!

🇺🇸 Due Process Forever, and great appreciation to all our veterans, past, present, and future!🙏👍

PWS

11-11-23

⚖️ GIVING CONTEXT TO THE GOP’s OVERHYPED “BORDER TERRORIST” CLAIMS: Experts Set The Record Straight!

Maria Ramirez Uribe
Maria Ramirez Uribe
Immigration Reporter
PolitiFact
PHOTO: PolitiFact.com

Maria Ramirez Uribe reports for PolitiFact:

https://www.politifact.com/article/2023/oct/27/ask-politifact-how-many-people-on-the-terrorist-wa/

Some Republican lawmakers are flagging Hamas’ attack on Israel as an example of why more security is needed at the southern U.S. border. Hamas militants breached a border fence and attacked Israeli villages bordering the Gaza Strip on Oct. 7.

“Potential terrorists are attempting to cross our southern border. In September alone, 18 illegal immigrants on the terror watchlist were caught at the border,” U.S. Sen. Marsha Blackburn, R-Tenn., posted Oct. 21 on X. “The attack on Israel should serve as a warning as to why we must secure the border.”

The next day, U.S. Rep. Kevin McCarthy, R-Calif., also mentioned the terrorist watchlist on NBC’s “Meet The Press.”

“We just caught 18 people, just last month, on the FBI terrorist watchlist, coming across our border,” McCarthy said. “More than 160 have done it this year, a record breaking.”

U.S. immigration officials have encountered rising numbers of people on the watchlist. But not everyone on the list is a terrorist, and not everyone encountered is allowed to enter the country.

Terrorism and immigration experts say that the threat of attacks in the U.S. and Israel are incomparable.

“They both involve borders, but the comparison ends there,” David Bier, an immigration expert at the libertarian Cato Institute, previously told us. “People aren’t crossing the border to conduct terrorist attacks or take over parts of the United States. A very small percentage may come to commit ordinary crimes, like selling drugs, but overwhelmingly, they are coming for economic opportunity and freedom.”

McCarthy’s office did not respond to our query for more information. A Blackburn spokesperson pointed us to a Fox News reporter’s post on X. Customs and Border Protection did not confirm whether 18 people were stopped in September.

Here’s what we know about who is on the terrorist watchlist, and what the data can and can’t tell us.

. . . .

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

Read Maria’s complete article which includes comments from real experts like Professor Stephen Yale Loehr, Professor Denise Gilman, Aaron Reichlin-Melnick, and others in addition to David Bier. They stand in sharp and long overdue contrast with the GOP’s alarmist, out of context, claims.

It’s little wonder that a party of anti-democracy activists, insurrectionists, and election deniers would want to deflect attention from themselves onto folks who are overwhelmingly coming to save their lives and to work hard and contribute to our economic growth! 

I have previously “called out” Kristen Welker and NBC’s Meet the Press for giving McCarthy an unnecessary public forum for his alarmist narrative. See, e.g.,  https://immigrationcourtside.com/2023/10/23/🚩politics-gops-bakuninist-clown-show-sows-american-chaos🤮☠️/. Worse yet, there was no effective “pushback” from Welker on McCarthy’s attempt to blame vulnerable asylum seekers for the political disorder and threats to our democracy that he and his righty GOP buddies helped sow!

Many thanks to Maria for setting the record straight and to the experts who were interviewed from her article! You actually did the “due diligence” that Welker and others often brush off when “doing immigration.”

Those wanting to learn about what’s really happening at the border and what reasonable improvements might actually be possible will get a chance to hear from Professor Yale Loehr and  Muzaffar Chishti in a webinar upcoming on Nov. 7. See https://immigrationcourtside.com/2023/10/25/🗽tired-of-border-bs-from-nativist-pols-media-bureaucrats-get-the-real-skinny-from-the-experts-yale-loehr-chishti-on-nov-7-zoom-option-availab/.

Of course border security is important! A significant, achievable improvement would be to establish a fair, timely, functional asylum screening and adjudication system at ports of entry so that those seeking asylum will be motivated to use it (rather than attempting  to “punish” and “deter” those who can’t use the current dysfunctional DHS/EOIR “system.”) That would give CBP a chance to concentrate on the real law enforcement challenge: identifying and stopping those who seek to harm the U.S. That’s going to take even better intelligence and more sophisticated efforts.

I also wouldn’t minimize that, as pointed out by the experts, CBP has been able to identify and deny entry to individuals on their list. That’s a sign of success, not failure!

To state the obvious, further cutting or restricting asylum (as many in the GOP disingenuously advocate) would only force even more of those seeking refuge into the hands of smugglers and push them into the dangerous lands between ports of entry. Misdirecting enforcement resources to fruitlessly and improperly trying to “deter” and “apprehend” those legitimately seeking refuge will only further dilute the attention that CBP can pay to any real dangers lurking at the border!

🇺🇸 Due Process Forever!

PWS

10-30-23

🗽😟 SOME OF THOSE FOLLOWING ADMINISTRATION’S CALL TO USE LEGAL PATHWAYS LEFT HANGING! — Julie Turkewitz Reports For NYT

Julie Turkewitz
Julie Turkewitz
Andes Bureau Chief
NY Times
PHOTO: Linkedin

 https://www.nytimes.com/2023/10/24/world/americas/venezuela-migrants-darien-gap-biden.html

They live in a rusty shack with no running water, hiding from the violence just outside their door, haunted by a question that won’t go away: Should they have listened to President Biden?

A year ago, Dayry Alexandra Cuauro and her 6-year-old daughter, Sarah, fled a crumbling Venezuela, setting off for the United States, carrying almost nothing. But they quickly lost each other, separated in a treacherous jungle known as the Darién Gap.

For three terrifying days, Ms. Cuauro heaved herself over muddy hills and plowed through rivers that rose to her chest, panicked that her child had drowned, been kidnapped or fallen to her death.

Many of the migrants traveling alongside the Cuauros — like hundreds of thousands of others — simply ignored the president’s warning, dismissing it as a ploy to keep them at bay. They kept marching, crossed the border and quickly started building new lives in the United States, with jobs that pay in dollars and children in American schools.

Ms. Cuauro listened and dropped off the migrant trail. But nearly a year later, all she has gotten is an auto-reply: Her applications to enter the United States legally have been submitted. She refreshes the website constantly, obsessively, and every day it says the same thing: “Case received.” Only the numbers shift: 57 days. 197 days. 341 days.

Online, she is bombarded by jubilant posts from Venezuelans who have made it to the United States — pictures of them in Times Square, wearing new clothes, eating big meals, going to school. Even the friend who guided her daughter safely through the jungle kept going and made it to Pennsylvania, where he now makes $140 a day as a mechanic.

. . . .

Sarah had become a literal poster child for the Darién. She and her mother had done what Mr. Biden had asked of them. They had a first-class support team of eager American sponsors. Yet no one could figure out how to get their cases through the U.S. immigration system.

. . . .

Recently, a member of the Cuauro committee, the woman in North Carolina, reached out with an urgent request. A Venezuelan man who had contacted her asking for help was about to take the Darién route. The woman asked Ms. Cuauro to talk to him — to try to convince him to apply for the legal route instead.

“I did it,” Ms. Cuauro said, “but he didn’t want to listen, and he left.”

The man got to the American border and, within days, crossed into the United States.

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

Read Julie’s article at the link.

As Courtside readers know, I love writing headlines. So, here’s one for the story that Julie might have written had the Administration been quicker on the uptake:

🇺🇸🗽⚖️😊 VENEZUELAN MOM, DAUGHTER FIND SPONSOR, SAFETY IN U.S. UNDER BIDEN PROGRAM AFTER HARROWING DARIEN ORDEAL — “The Legal Path Was Quick, Safe, &  Saved Our Lives,” Says Ms. Cuauro, “Others Should Use It!”

Despite often using language peppered with terms that might once have appeared in business textbooks, the USG does not follow a “business model.” Nowhere is that more true than in the largely dysfunctional immigration bureaucracy. Businesses that ran like ICE, USCIS, and EOIR would have gone bankrupt long ago.

Nevertheless, it would be prudent for the Administration to employ some “better business practices” on immigration, which does have a dynamic, potentially even more positive, effect on the U.S. economy. 

In the case of the Southern Border, the USG is “competing” with professional smugglers and human traffickers who DO view it in business terms. The “smugglers’ heyday” of a bias-driven Trump Administration that operated in direct contravention of common sense, the rule of law, the laws of supply and demand, and the realities of worldwide forced migration is gone, for now — although, undoubtedly to the delight of criminals and cartels, GOP politicos would dearly love to re-establish it and thereby enhance profits for the “bad guys.” 

But, there are plenty of glitches in the Biden Administration’s approach. As this article illustrates, they are unable and unwilling to do what’s necessary to “out-compete” smugglers by making the legal channels they tout robust, timely, generous, and user friendly!

In the meantime, the GOP is marshaling its White Nationalist forces to make the system for legal entry even more restrictive, irrational, and less usable. That will make smugglers essentially “the only game in town” and cede much more of immigration control to self-interested criminals. 

🇺🇸Due Process Forever!

PWS

10-26-23

⚖️🗽 SENATE HEARING SHOWS OVERWHELMING NEED FOR ARTICLE I IMMIGRATION COURT, GOP PREFERS MYTHS & FEAR-MONGERING TO PROBLEM SOLVING!🤯 — ALSO: Youngkin’s Border Boondoggle Exposed By NBC 4 I-Team!

Ariana Figueroa
Ariana Figueroa
D.C Reporter
States Newsroom
PHOTO: States Newsroom

https://sourcenm.com/2023/10/19/independent-immigration-court-system-advocated-in-u-s-senate-hearing/

Ariana Figueroa reports for Source New Mexico:

WASHINGTON — An immigration judge and lawyer told a U.S. Senate Judiciary panel on Wednesday that an independent immigration court would help ease a  backlog of more than 2 million pending cases.

Because the immigration court system is an arm of the U.S. Justice Department — the Executive Office for Immigration Review — each presidential administration has set immigration policy, and often those courts are subject to political interference, said Mimi Tsankov, an immigration judge, and Jeremy McKinney, an immigration attorney.

In the immigration court system, judges hold formal court proceedings to determine whether someone who is a noncitizen should be allowed to remain in the United States, or should be deported.

“Every administration has interfered with the courts. This undermines the courts’ integrity, and many of the executive branch’s manipulations of judges and their dockets simply backfire,” said McKinney, the former president of the American Immigration Lawyers Association.

Tsankov, the president of the National Association of Immigration Judges, said in order to alleviate the backlog of immigration court cases, Congress should establish an independent immigration court under Article I of the U.S. Constitution.

. . . .

“An independent board will begin the process of healing this broken system,” she said.

The witnesses also argued that many people going through the immigration system lack legal representation, which can greatly impact their outcome.

The top Republican on the Senate panel, John Cornyn of Texas, argued that most cases are without merit, as opposed to asylum cases, which are based on a credible fear of death or harm. He said that people are “clogging the courts” and are aware the severe backlogs will allow them to stay in the country. Some courts have backlogs until 2027.

Sen. Mazie Hirono, Democrat of Hawaii, pushed back.

“People who have attorneys are 10.5 times more likely to be granted relief,” she said. “So it is when they have attorneys that they can proceed with their asylum claims.”

She added that another issue is that many children who are unaccompanied, even some toddlers, are expected to legally represent themselves.

“There is no guarantee that children will also have a lawyer, and this is alarming because children are some of the most vulnerable people in our immigration system,” she said.

Cornyn said he did not believe that “the taxpayer should be on the hook” for paying for legal fees and representation.

McKinney said that those who have representation and are not detained are five times more likely to gain relief. Immigrants who are detained and have legal representation are 10 times more likely to be granted relief than those who do not have representation.

“The point is that representation ensures due process,” he said. “It also makes the system more efficient when all the parties know the rules and know how to present a case. Cases move faster.”

***********

Read the full article at the above link. You can also check out the full video of the hearing here:

https://www.senate.gov/isvp/?auto_play=false&comm=judiciary&filename=judiciary101823&poster=https://www.judiciary.senate.gov/assets/images/video-poster.png&stt=

In his opening statement, ranking GOP Sen. Cornyn made it very clear that fixing the Immigration Courts is a nonstarter for the GOP. 

Instead of engaging on this critically important initiative, he wasted much of his introduction disingenuously repeating the oft-debunked claim of a connection between asylum seekers and fentanyl smuggling. See, e.g., “Who is sneaking fentanyl across the southern border? Hint: it’s not the migrants,”  https://www.npr.org/2023/08/09/1191638114/fentanyl-smuggling-migrants-mexico-border-drugs.

Obviously grasping at straws, in the absence of any empirical support for his nativist “scare scenario,” Cornyn went so far as to suggest — of course without a shred of evidence — that perhaps “go-arounds” were smuggling fentanyl. 

This theory appears particularly questionable in light of evidence that most fentanyl is successfully smuggled through ports of entry by U.S. citizens and legal residents. Why would cartels abandon proven successful methods of port of entry smuggling to entrust their cargos to individuals who might not even survive the border crossing and, if apprehended, would certainly be searched? Cornyn had no answer.

What does seem likely is that by concentrating border law enforcement largely on “apprehending” and fruitlessly trying to “deter” those merely seeking to turn themselves in to exercise legal rights, the USG has diverted attention and resources from real law enforcement like an anti-fentanyl strategy. That almost certainly would require undercover infiltration of smuggling rings — dangerous and sophisticated law enforcement operations far removed from “apprehending” folks who WANT to be caught because they were forced to leave their home countries, are unsafe in Mexico, and can’t wait to schedule asylum appointments at ports of entry through the badly flawed and inadequate “CBP One App!” Building a fair and efficient asylum system should even help CBP apprehend more of Sen. Cornyn’s “go arounds!”

But, Cornyn’s misdirection isn’t just a distraction; it’s actually dangerous! As the GOP has shown over and over, if you repeat a lie or myth enough times, folks start to believe it. Witness the demonstrably totally frivolous claims of election interference that drive much of the GOP’s agenda and has become “truth” for their misguided “base.”

A case in point is the outrageous political boondoggle recently carried out by Virginia’s right-wing Governor Glenn Youngkin. In response to Texas Gov. Greg Abbott’s White Nationalist plea, Youngkin wasted two million taxpayer dollars on a bogus detail of the National Guard to the Texas border, ostensibly to “protect Virginians from the scourge of fentanyl.”

However, a recent NBC 4 DC investigative team report showed that the Guard encountered no fentanyl at the border!  They accomplished nothing notable except to deny thirsty migrants they encountered water — on orders from Abbott’s troops! See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi7zp3Pq4eCAxVjEFkFHSmyAHYQFnoECA4QAQ&url=https://www.nbcwashington.com/investigations/inside-virginia-national-guards-2m-border-mission/3445536/&usg=AOvVaw3aI4OM_UhxJFVsE-bS3GYT&opi=89978449. As we often say, “The cruelty is the point!”

What if Youngkin had spent the same amount of money supporting NGOs in Virginia struggling to resettle and represent migrants aimlessly bussed to the DMV by Abbott and DeSantis as part of a political stunt? Community social justice NGOs generally use funds more carefully and efficiently than GOP blowhards like Youngkin and co.

The GOP claim that most asylum claims are frivolous also is misleading. For those who can actually get a merits hearing on asylum at EOIR — often in and of itself no mean feat given the prevalence of “Aimless Docket Reshuffling” — TRAC statistics for FY 2022 show that 46% are granted. See https://trac.syr.edu/whatsnew/email.221129.html#. And, this is in a system that is still heavily tilted against asylum seekers. EOIR still has many “holdover judges” from the Trump years who were hired not because of their expertise, qualifications, or reputations for fairness, but because their backgrounds indicated that they were likely to be unsympathetic to asylum seekers!

Moreover,  contrary to myth, the vast majority of represented asylum seekers show up for their immigration hearings. See, e.g., https://www.americanimmigrationcouncil.org/news/11-years-government-data-reveal-immigrants-do-show-court.

Admittedly, the manner in which EOIR keeps asylum statistics can make meaningful analysis difficult. For example, more than half of asylum “dispositions” are listed as “other” — which covers  “abandoned, not adjudicated, other, or withdrawn,” a facially, at least partially, circular definition! See https://www.justice.gov/media/1174741/dl?inline. 

Moreover, since EOIR procedures generally require that all potential relief be stated at the time of pleading or presumptively be waived, prudence requires that the right to appply for asylum be protected, even if it is unlikely that the case will proceed to the merits on that application.

Also, it’s worth remembering that the Government already has a powerful tool for both identifying and quickly tossing frivolous asylum claims and expeditiously granting clearly meritorious claims to keep them out of the Immigration Court. It’s called the Asylum Office at USCIS! That despite much ballyhooed regulatory changes, DHS has failed to obtain “maximum leverage” from the credible fear/Asylum Office process is not a reason for eschewing EOIR reform!

What we can tell from the available data is that, rather than wasting more money on expensive and ineffective “deterrence gimmicks,” the best “bang for the buck” for the USG would be to invest in representation for asylum seekers and in a better, professionally-managed EOIR with better, independent judges, acknowledged experts in asylum law, who could “keep the lines moving” without denying due process or stomping on individual rights. They could also set helpful precedents for the Asylum Office. That’s what Congress and the Administration should be investing in.

Reforming the Immigration Courts and creating an independent Article I Court should be a high national priority. While no single action can bring “order to the border” overnight, fixing EOIR is an achievable priority that will support the rule of law and dramatically improve the quality and efficiency of justice at the border and throughout the U.S.

As Chairman Padilla (D-CA) said, this should be a bipartisan “no-brainer.” Just don’t look to today’s White-Nationalist-myth-driven GOP for help or rational dialogue on the subject.

🇺🇸  Due Process Forever!

PWS

10-21-23

😎 🇺🇸 HOPE FRIDAY: The Common Good W/ Robert Reich — Maine Prepares To  Welcome More Refugees — Austin Kocher On Keeping Faith During The Age Of Trumpist White Nationalist Hatred & Lies!

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

From Robert Reich on Substack:

https://substack.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.YI3yXyy6J0uje-L2r-wh7kLsh8LeAZQ2K9oq40sSau0?

. . . .

Many Americans today worry that our nation is losing its national identity. Yet the core of that identity is not the whiteness of our skin or our religion or our ethnicity. 

It is the ideals we share, the good we hold in common. 

That common good is a set of shared commitments. To the rule of law. To democracy. To tolerance of our differences. To equal political rights and equal opportunity. To participating in our civic life. To sacrificing for the ideals we hold in common. To upholding the truth. 

We cannot have a functioning society without these shared commitments. Without a shared sense of common good, there can be no “we” to begin with. 

If we are losing our national identity, it is because we are losing our sense of the common good. This is what must be restored.

As I’ve argued in these essays, recovering our common good depends on several things:

It depends on establishing a new ethic of leadership based on trusteeship. Leaders must be judged not by whether they score a “win” for their side, but whether they strengthen democratic institutions and increase public trust.

It depends on honoring those who have invested in the common good, and holding accountable those who have exploited it for their own selfish ends. 

It requires that we understand — and educate our children about — what we owe one another as members of the same society. Instead of focusing solely on the rights of citizenship, we need also to focus on the duties of citizenship. 

And it requires a renewed commitment to truth.

Some of you may feel such a quest to be hopeless. The era we are living in offers too many illustrations of greed, narcissism, brutality, and hatefulness.

I, however, firmly believe this quest is not hopeless. 

Almost every day, I witness or hear of the compassion and generosity of ordinary Americans. Their actions rarely make headlines, but they constitute much of our daily life together. 

The challenge is to turn all this into a new public spiritedness extending to the highest reaches in the land — a public morality that strengthens our democracy, makes our economy work for everyone, and revives trust in the major institutions of the nation.

The moral fiber of our society has been weakened but it has not been destroyed. 

We can recover the rule of law and preserve our democratic institutions by taking a more active role in politics. 

We can fight against all forms of bigotry. We can strengthen the bonds that connect us to one another by reaching out to one another. We can help resurrect civility by acting more civilly toward those with whom we disagree. 

We can protect the truth by using facts and logic to combat lies. 

We can help restore the common good by striving for it and showing others it’s worth the effort. 

We have never been a perfect union. Our finest moments have been when we sought to live up to our shared ideals. 

I worked for Robert F. Kennedy a half-century ago when the common good was better understood. Resurrecting it may take another half-century, or more. 

But as the theologian Reinhold Niebuhr once said, “Nothing that is worth doing can be achieved in our lifetime; therefore we must be saved by hope. Nothing which is true or beautiful or good makes complete sense in any immediate context of history.”

Thank you for joining me on this journey. I hope you’ve found these essays useful and even on occasion inspiring. I hope you’ll join me in carrying forward the fight for the common good. 

***

Subscribers to this newsletter are keeping it going. If you are able, please consider a paid or gift subscription. And we always appreciate your sharing our content with others and leaving your thoughts in the comments.

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Kelly Bouchrd
Kelly Bouchard
Staff Writer
Portland Press Herald
PHOTO: Linkedin

From Kelly Bouchard in the Portland Press Herald:

https://www.pressherald.com/2023/10/17/maine-refugee-resettlement-numbers-expected-to-double/

. . . .

COMMUNITY OUTREACH IN MAINE

Despite the uncertainty, resettlement agencies in Maine are pushing ahead, preparing to welcome as many refugees as possible. To increase their chances of finding affordable apartments, they’re building a network of landlords willing to rent to newcomers and expanding resettlement efforts beyond Greater Portland, Lewiston-Auburn and Augusta-Waterville to Bangor and Brunswick, Ouattara said.

“We can settle people within 100 miles of Lewiston-Auburn,” said Rilwan Osman, executive director of Maine Immigrant & Refugee Services in Lewiston. “We have settled some families in Augusta, and we are exploring other communities.”

The State Refugee Advisory Council held four quarterly meetings last year to connect and support various community representatives in government, public safety, schools, social services and health care, Ouattara said.

“There are resources that are available from the federal government to assist communities that accept refugees,” he said.

At least half of the new arrivals last year had family ties in Maine, Ouattara said, while the other half were “free cases” that could be resettled more widely in the state but would require more support from agency staff. Transportation continues to be a challenge for many newcomers.

“The public transit system in Maine is still in development, so that can be isolating in some communities,” he said.

Helping refugees find jobs is a top priority for resettlement agencies, which provide financial assistance and case management support for up to 90 days after arrival and limited case management and employment services for up to 60 months.

“All the refugees that are coming have permission to work as soon as they are able,” Osman said. “Some have English skills, some don’t. If they have the necessary language skills, they can at least start entry-level work within 90 days.”

One refugee who is eager to get to work is Ahmed, a recent arrival from Somalia who also declined to give his last name. Ahmed, 58, attended a cultural orientation session Wednesday at the JCA. Through an interpreter, Ahmed said he has been reunited with his wife and six children after being separated from them for 21 years.

He also said he wants to be a good citizen and a taxpayer.

“I’m so grateful to be here,” he said. “My dream is to settle in and get work at a job in my skill range. I am a welder and I would like to work in the same industry.”

Staff Photographer Brianna Soukup contributed to this report.

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

Grace Benninghof
Grace Benninghoff
Staff Writer
Portland Press Herald
PHOTO: PPH website

Grace Benninghoff in the Portland Press Herald:

https://www.pressherald.com/2023/10/19/portland-mayoral-candidates-frustrated-with-federal-work-rules-as-asylum-seekers-look-to-start-new-lives/

. . . .

Pious Ali says people will keep coming though.

“America is a beautiful country and has a lot to offer the world and the people who come here, and so does Portland,” said Ali, who came to the United States from Ghana more than two decades ago.

Portland’s five mayoral candidates may be more aligned on this issue than any other. They all fundamentally see asylum seekers as an asset to the city, and they all want to see the wait time before they can work made much shorter. They all also feel a little bit helpless.

For years, Portland has welcomed these immigrants, who often undertake dangerous journeys to get here and then go through an arduous, sometimes yearslong process to get visas and work authorization.

. . . .

Zarro said that if it should turn out to be too big a legal risk to offer asylum seekers paid work before they got federal work authorization, he would like to build a more robust job training program so they would be ready to start work in local businesses as soon as their work authorization comes though.

“We have people who are coming here to better their lives and to better their communities. Maine stands to benefit significantly,” he said.

All the candidates also are keenly aware that Portland is in need of more young workers.

“We’re an aging state without enough people to fill the workforce,” Costa said.

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

Austin Kocher, Ph.D.
Austin Kocher, Ph.D.
Research Assistant Professor
TRAC-Syracuse
PHOTO: Syracuse U.

Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

https://intellectdiscover.com/content/journals/10.1386/hosp_00050_1

Geographers have begun to explore the concept of ‘immigrant welcome’ as a framework for understanding the tension between spontaneous social support for immigrants and refugees and their subsequent restriction and criminalization by states. Overlooked in the emerging discourse on immigrant welcome is the rich literature in feminist geography that views the everyday practices of endurance, care and social reproduction as essential to, but often hidden within, more traditional, political and economic analyses of power. By focusing on the everyday practices of welcome within sanctuary church activism, I argue for more attention to the energy-intense work that is often excluded from official media and academic accounts, yet which is essential to understanding what makes welcome function or fail. I draw upon one in-depth case study of a sanctuary church in Ohio, where a woman has been living for a year and a half in public defiance of her deportation order. In addition to contextualizing this specific case within the broader policy and immigrant rights landscape, I focus on the spatial, material and relational processes that participants implemented to construct a ‘welcoming’ environment as well as observe the ways in which welcome fails to live up to its imagined potential. The case study provides important grounded insights into the material, relational and emotional processes of enduring sanctuary as a form of resistance to the US deportation regime and enduring sanctuary itself as an intensive socio-spatial form of existence.

© 2022 Intellect Ltd

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

Read more about each of these inspiring efforts at the respective links above.

Compare what could be if folks put aside hate and worked together to solve human problems with the pathetic, totally selfish, inept, inane, yet existentially dangerous, “Clown Show” 🤡 in the GOP House Conference egged on by their “leader” — congenital liar, bully, insurrectionist buffoon, and criminal defendant Donald Trump.🤮

What’s missing is more dynamic, courageous, truth-based national leadership on immigration and human rights issues from Dems (although, to be fair, the bipartisan Maine delegation — and many Maine Republicans — appear to “get it”)! But, fortunately, that void hasn’t stopped members of the NDPA from “soldiering on” for the commn good and a better America!

A life saved is a life saved! Sometimes, we just have to focus on the daily victories we can achieve!

🇺🇸 Due Process Forever!

PWS

10-20-23

🤯 JASON “THE ASYLUMIST” DZUBOW EXPLORES THE “INCREDIBLE EXPLODING ASYLUM BACKLOG!” — Predictably, EOIR’s “Aimless Docket Reshuffling on Steroids” Remains a Significant “Driver” of Unnecessary Backlogs!

 

Jason Dzubow
Jason Dzubow
The Asylumist

https://www.asylumist.com/2023/10/04/the-incredible-exploding-backlog/

Jason writes:

. . . .

In Immigration Court, the number one “internal” problem has probably been aimless docket reshuffling, where cases are repeatedly re-arranged depending on the priorities of different administrations. Other problems include inefficient Master Calendar Hearings and pre-trial conferences, insufficient guidance from the Board of Immigration Appeals, which leads to inconsistent decision-making, and not enough staff members to support the Immigration Judges. In addition, there is a shortage of DHS attorneys (the prosecutors), and those attorneys have insufficient power (or willingness) to resolve cases or narrow contested issues prior to the final hearing.

What does all this mean for asylum seekers? In court, cases are still being heard, though I expect that delays will increase and more cases will be rescheduled. We can also expect that more non-priority cases (i.e., people who do not have criminal or security issues) will be dismissed based on prosecutorial discretion. At the Asylum Office, nothing seems to be moving. You can try to expedite your case and if that fails, file a writ of mandamus to force the agency to adjudicate your application. Otherwise, I would not expect any progress any time soon.

Finally, we might as well end on a positive note. Having recognized that most asylum applicants will be stuck waiting for years and years, the government has recently increased the validity period of asylum-pending work permits from two years to five years. For asylum applicants, this change will save money and reduce stress, and for USCIS, it will reduce their workload and allow them to focus on other applications. I guess the lesson here is that every cloud has a silver lining–even a mushroom cloud.

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

Read Jason’s full analysis at the link.

As Jason acknowledges, some of the drivers are “world events” over which — contrary to GOP and other nativist blather, often fanned by the so-called “mainstream media” — receiving countries like the U.S. have relatively little effective control. This is particularly true in the short run. 

We’ve notoriously tried “taking over” countries in conflict. It never works! Moreover, it can eventually create additional refugee situations rather than resolving them. See, e.g., Afghanistan.

Nor are border barriers, razor wire, dungeons, arbitrary deportations, stripping asylum rights, xenophobic rhetoric, criminal prosecutions, killing some migrants by forcing ever more dangerous crossings, and a host of other unilateral measures pushed primarily by the GOP (but also by some Dems) going to change the actions of Maduro, Ortega, Putin, Diaz-Canel or any of the other authoritarian autocrats whose policies drive folks to flee their native lands and seek refuge abroad.

So, rather than wringing hands about what we can’t change, why not change that which is under our control? Long overdue, common-sense reforms and improvements in asylum adjudication, reception, and resettlement, some mentioned by Jason, could be achieved. 

They won’t necessarily halt the flow of refugees, nor are they guaranteed to eliminate backlogs, particularly in the short run. But, they will reduce the backlogs, contribute mightily to a better U.S. legal system, and comply with our international and domestic legal obligations. That, in and of itself, appears to be a worthy and achievable goal. But, nobody in charge seems to be interested in anything but “quick fixes” — which aren’t really “fixes” at all, since they have all been tried and failed.

🇺🇸 Due Process Forever!

PWS

10-08-23

STUART ANDERSON @ FORBES WITH SOME COMMON SENSE ADVICE: “Let ‘Em Work!” — “There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”💡

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy
PHOTO:Linkedin

Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers

https://www.linkedin.com/feed/update/urn:li:activity:7103429953483849728?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7103429953483849728%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29&lipi=urn%3Ali%3Apage%3Ad_flagship3_myitems_savedposts%3Bb2bYzbhpTP2VzgwEtxkzqQ%3D%3D

 

New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.

A Plea From Businesses

“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.

“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”

. . . .

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

Read the complete article at the link.

For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!

Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!

🇺🇸  Due Process Forever!

PWS

09-03-23

⚖️🗽👩🏽‍⚖️👩🏽‍🏫 WITH HELP FROM OUR FRIENDS @ ROPES & GRAY, IMMIGRATION PROFESSORS & ROUND TABLE 🛡️ FILE AMICUS ON WITHHOLDING/NEXUS STANDARD OF PROOF IN 1ST CIR. — Paye v. Garland

Read the full brief here:

Paye [2023.8.25] Amici Brief (Law Profs & IJs & BIA members)

Here’s the “Statement of Interest:”

INTEREST OF THE AMICI CURIAE1

This brief represents the views of two groups of amici curiae. See Corporate

Disclosure Statement for names of amici curiae. The first group is comprised of thirty-two immigration law scholars and clinical professors. These amici teach immigration law and/or provide clinical instruction in law school clinics that provide representation to asylum seekers and noncitizens seeking relief under 8 U.S.C. § 1231 and 8 U.S.C § 1158. As such, amici are knowledgeable of the particular legal requirements of 8 U.S.C. § 1231 and 8 U.S.C § 1158 and have a special interest in the proper administration and interpretation of the nation’s immigration laws, particularly asylum and withholding of removal.

The second group is comprised of forty-one former immigration judges (“IJs”) and Board of Immigration Appeals (“BIA”) members who have collectively presided over thousands of removal proceedings and have interest in this case based on their many years of dedicated service administering the immigration laws of the United States. Based on this experience, amici believe that withholding of removal

1 Pursuant to Rule 29 of the Federal Rules of Appellate Procedure, amici notes that all parties have consented to the filing of this brief.

Furthermore, pursuant to Rule 29 of the Federal Rules of Appellate Procedure, amici further certifies that no party’s counsel authored the brief in whole or in part, no party or party’s counsel contributed money that was intended to fund preparation or submission of the brief, and no person, other than amici, their members, or counsel has contributed money intended to fund preparing or submitting the brief.

  -1-

Case: 23-1426 Document: 00118044713 Page: 13 Date Filed: 08/25/2023 Entry ID: 6587480

is the means whereby Congress provided for the United States to meet its international treaty obligation of “nonrefoulement” under Article 33 of the Refugee Convention. Withholding of removal is a vital legal tool upon which IJs rely to ensure that noncitizens appearing before them are not removed to countries for which they have proven it to be more likely than not that they have experienced (or will experience) persecution on account of a protected ground — an extremely high burden to meet. This relief is mandatory where the noncitizen’s burden of proof is met and does not lead to permanent status or derivative status for immediate family members, in contrast to asylum, which is a discretionary form of relief that grants a permanent status and derivative status for immediate family members.

Amici contend that the more lenient “a reason” standard, as applied to the nexus between the protected ground and the persecution for withholding (as opposed to the “at least one central reason” standard for asylum) requires IJs to order withholding in cases where evidence of nexus may be insufficient for a discretionary grant of asylum. Such an interpretation would provide greater protection from violating the international treaty obligation of nonrefoulement. The instant case, where Petitioner is ineligible for asylum but may be protected from severe future persecution by withholding of removal, presents exactly the context in which Congress intended for the lesser “a reason” nexus standard to apply. Addressing this question here provides an opportunity for this Court to affirm Congress’s clear

-2-

Case: 23-1426 Document: 00118044713 Page: 14 Date Filed: 08/25/2023 Entry ID: 6587480

intent, expressed in the statutory language of 8 U.S.C. § 1231(b)(3)(C), to establish protection against nonrefoulement for this noncitizen and many others who, for any number of reasons, are ineligible for the discretionary relief of asylum.

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

Many thanks to all involved!

🇺🇸 Due Process Forever!

PWS

08-28-23

🏴‍☠️🤯☠️ INVITE ‘EM TO DEFECT, THEN ARBITRARILY REJECT — Russian Allies Find Broken U.S. Asylum System Akin To Russian Roulette! — “I don’t understand how we are denying Russians at all,” says Jennifer Scarborough, Refugees’ Lawyer!

Russian Roulette
AG Merrick Garland thinks it’s fine to play “roulette” with human lives in his arbitrary, capricious, and dysfunctional EOIR. Those trying to help his victims obtain justice disagree! Is this REALLY the way things ran when Garland was on the D.C. Circuit? If not, why is it “good enough for Immigration Court?”
IMAGE: tvtropes
Jennifer Scarborough, EsquireLaw Firm of Jennifer Scarborough PLLC Harlingen, TX PHOTO: Firm
Jennifer Scarborough, Esquire
Law Firm of Jennifer Scarborough PLLC
Harlingen, TX
PHOTO: Firm
Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=df3af6fe-6f28-47f0-a65a-95a9e0272c10

Hamed Aleaziz & Tracy Wilkinson report for the LA Times:

WASHINGTON — Numerous Russians attempting to escape conscription onto the Ukrainian battlefield have made perilous journeys to the United States, trusting in the Biden administration’s declaration that the U.S. would “welcome” those fleeing the war and their forced participation in it.

Instead of winning asylum, however, some of these men have been detained and, in at least one case, deported back to Russia, where they could be thrown into the fight against U.S.-armed Ukraine — into “the meat grinder,” as the U.S. secretary of State recently put it.

The U.S. has deported nearly 190 Russians since the beginning of October 2022, almost three times as many as were removed during the entire prior year.

Some Russian conscripts have refused to board deportation flights, forcing U.S. immigration officers to return them to immigration detention and legal limbo.

Three Russians the U.S. detained and sought to deport told The Times that certain abuse awaited them at home, where draft dodgers are subject to imprisonment or swift dispatch to front lines. The three Russians said they felt bewildered — betrayed, even — bythe U.S. asylum system. The Times is withholding their identities because they fear retribution if they are returned to Russia.

“Death awaits me there if I go back,” said one Russian man in his 20s. He said he was slated to be deported but fainted when immigration officials loaded him onto the plane, which forced them to return him to detention.

Although Ukrainian President Volodymyr Zelensky urged Russians who opposed the war to stay at home and fight to topple Russian President Vladimir Putin, the Biden administration has explicitly encouraged Russians who do not want to fight in Ukraine to seek asylum in the United States.

“There are people out there in Russia who do not want to fight Putin’s war or die for it,” White House Press Secretary Karine Jean-Pierre said in September. “We believe that, regardless of nationality, they may apply for asylum in the United States and have their claim adjudicated on a case-by-case basis.

“We welcome any folks who are seeking asylum, and they should do that,” she said.

But Russians who have taken the U.S. up on that offer have quickly discovered that seeking asylum is not the same as winning it. The U.S. government’s willingness to help people who flee Russia — even if doing so undermines Russia’s war effort — is limited.

In some cases, the government has argued that being called up to serve in the Russian military is not alone sufficient grounds for asylum. Jennifer Scarborough, the lawyer for the three Russians The Times interviewed, has countered that they qualify for asylum because they did not want to be involved with the war for political reasons and would face unreasonable repercussions for refusing to serve.

“They could be deported back to a regime that is committing gross human rights violations,” she said. “I don’t understand how we are denying Russians at all.”

The number of Russians crossing the southern U.S. border surged in November and December, shortly after Putin, facing massive casualties among his troops, ordered up a fresh army mobilization and drafted up to 300,000 reservists.

Russians crossed the southern border more than 5,000 times in November and nearly 8,000 times in December, a major increase from earlier months.

More than 8 million Ukrainians have fled their homeland since Putin launched his invasion of the former Soviet Republic on Feb. 24, 2022. Their escapes have involved trains and commercial flights and massive assistance, and they have largely been welcomed in other countries.

By contrast, many of those fleeing Russia for the U.S. have used the same difficult and at times treacherous route that disfavored refugees from all over the world use. A flight from Dubai or Istanbul gets them to South America, where they continue on flights, buses and by foot northward, sometimes trekking through jungle, to reach Mexico and the U.S. border.

One man who spoke to The Times was picked up by immigration agents in December near Tecate. The man made the weeks-long journey to the U.S. with his younger brother.

The man fled Russia when his call-up notice arrived.

“Even in childhood, I understood that, for me, America was a symbol of freedom,” he said in a telephone interview from a detention center in Pennsylvania. “And yes, there was a dream to move here one day. Because during your entire life in Russia, it is difficult; you’re discriminated against at every turn.”

“I went through war,” the man said. “I know what this entails. I saw the war. And now they are trying to force me to bring this to Ukraine.”

. . . .

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

Read the complete report at the link.

Jenn Scarborough asks the right question. In a functioning protection system, one would expect most cases like this to be granted in short order. However, the BIA generally has restrictive precedents on draft evaders and deserters stemming largely from a desire to deny protection to applicants fleeing civil wars in Central America decades ago. See, e.g., Matter of A-G-, 19 I & N Dec. 502 (BIA 1987).

As “Courtsiders” know, the endemic problem is lack of expert, progressive, dynamic, courageous intellectual leadership in a system now solely controlled and operated by a Dem Administration that often acts more like an “old school GOP” one on immigration and human rights! Administration of both parties live in perpetual fear that making good on promises of fair treatment and legal protection would actually motivate refugees to seek it!

That’s a particular problem at EOIR which should be the legal intellectual leader here! We need practical, scholarly, generous, common sense precedents focusing on what should be easily grantable protection claims! 

Instead, we have a leaderless, bureaucratic, non-expert mess, still retaining too many elements of the anti-immigrant, anti-asylum, any reason to deny, go along to get along, court as a “deterrent” system constructed and promoted by the Trump Administration. That has continued to churn out both egregious inconsistencies and backlog-building inefficiencies in critical “life or death” cases! 

🇺🇸 Due Process Forever!

PWS

08-20-23

 

🗽 BORDER: WashPost’s Maria Sacchetti’s Nuanced Report Is Well Worth A Read: “The perceived success of Biden’s approach depends on which side of the border the migrants are on.” — Right to apply for asylum is a “simple rule” that politicos of both parties lack the will & skill to follow!🤮

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

https://www.washingtonpost.com/immigration/2023/07/18/border-asylum-us-mexico-biden-legal/

Maria writes:

. . . .

Federal law says anyone fleeing persecution may request asylum once they reach U.S. soil, no matter how they got there. Successive administrations have attempted to restrict that simple rule, however, desperate to reduce record numbers of crossings that have overwhelmed the immigration system, leaving many to live for years in the United States without a decision in their cases.

. . . .

One border, two realities

The perceived success of Biden’s approach depends on which side of the border the migrants are on.

Brownsville, an American city of 200,000 on the other side of the Rio Grande from Matamoros, Mexico, is officially under a state of emergency. But that emergency has dissipated in recent months.

The streets are quiet, thanks to a 70 percent drop in illegal border crossers since the new asylum rule and other Biden policy changes took effect. City workers greet the relatively small number of newcomers released from holding facilities and escort them to a curtained-off parking garage and to the first bus out of town.

In Matamoros, however, migrants trying to navigate the new rules are squeezing into shelters, sharing hotel rooms, curling up in a large camp on the dry riverbank or under pop-up tents at a grimy former gas station.

On a pedestrian bridge one hot morning in late June, Mexican authorities shooed away those who did not have an appointment through the app — including some Mexicans, even though the rule change is not supposed to apply to them.

“Let’s go, please,” one officer said to migrants who gathered at the Matamoros edge of the bridge. “Now.”

Advocates for immigrants say it is unlawful for officials to block migrants from crossing borders in search of protection — and unfair to presume they can easily navigate U.S. asylum law and appointments via smartphone apps. The process of requesting asylum is supposed to be simple, they said, because lives are at stake.

But advocates are powerless to navigate around the new rules until the court case is resolved.

In the sweltering heat one recent day, Christina Asencio, a lawyer with Human Rights First, tried to explain to migrants in the Matamoros camps how the system is supposed to work.

. . . .

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

Read Maria’s full article, one of the more balanced treatments I have encountered, at the link.

A few thoughts:

  • Even this fine article misses the biggest point: Most asylum seekers want to “do things the right way.” But there has been no “right way” for years because of  the unlawful and bogus use of Title 42 by both the Trump and Biden Administrations. It’s still being unlawfully restricted by the arbitrary Biden Administration regulations. Yet, remarkably, asylum seekers are willing to risk their lives waiting in Mexico for an opportunity to apply in an orderly, legal manner under a broken and biased system unfairly “rigged” against them! THAT’S the “real big takeaway” about the reduction in unauthorized border crossings. It’s one that that nobody except experts and advocates are willing to fully acknowledge! Indeed, during the Title 42 charade, an asylum seeker’s only chance of getting into the system was to cross without authorization. Otherwise, they would have been summarily returned without any chance to present their claims.
  • Some asylum seekers will qualify for protection, some won’t. That’s what the legal, asylum system is supposed to determine — in a fair, expert, and timely manner. That our asylum system has become dysfunctional and ludicrously backlogged lies squarely with poor performance by Congress, the Executive, and the Courts, in many cases “egged on” by right-wing nativists’ myths and distortions. Blaming the victims — asylum seekers — for massive USG failures over decades is totally disingenuous!
  • Statistically, it’s true that most asylum applicants from the Southern Border do not achieve asylum under our current dysfunctional system. But, the question we should be asking is why aren’t more qualifying, given the horrible conditions in “sending countries” and the generous legal standards — including a presumption of future persecution based on past persecution — that are supposed to apply, but often don’t in practice. 
  • For years, the Executive, through its captive EOIR “courts,” has been unfairly manipulating and intentionally misapplying the law, as well as misreading and ignoring evidence, to achieve unrealistically high asylum denial rates for applicants of color, particularly those arriving at our borders from Latin American and Haiti. See, e.g., https://immigrationcourtside.com/justice-betrayed-the-intentional-mistreatment-of-central-american-asylum-applicants-by-the-executive-office-for-immigration-review/; https://immigrationcourtside.com/appellate-litigation-in-todays-broken-and-biased-immigration-court-system-four-steps-to-a-winning-counterattack-by-the-relentless-new-due-process-army/. This continues to happen, as documented by the unusually large number of rebukes by Article III Courts (even some of the most conservative) of the flawed decision-making coming out of Garland’s broken EOIR. See, e.g., https://immigrationcourtside.com/2023/07/14/🌊-tsunami-of-bad-☠️-bia-decisions-hits-garlands-doj-wrong-on-nexus-4th-2-1-wrong-on-nta-4th-2-1-wrong-on-agfel-8th-wrong-on-past-political-per/.
  • One of the most egregious EOIR-led anti-asylum “scams” is abuse and misuse of the “nexus” requirement for asylum to send legitimate refugees back into harm’s way. See, e.g., immediately preceding reference. “Persecution” must relate to race, religion, nationality, membership in a particular social group, or political opinion. But, the asylum statute does NOT require that that be the sole or even the primary motivation for the persecution. It just has to be “at least one central reason.” And, usually, persecution is carried out by the persecutor for a variety of reasons. It’s called “mixed motive analysis” and EOIR Judges, particularly at the precedent-setting BIA, routinely ignore or mis-apply it to deny grantable claims. 
  • Harm resulting from things like “work, poverty, natural disaster, and bad governments” does not automatically qualify an individual for asylum. But, contrary to what many suggest, neither do these circumstances preclude asylum. For example, while a “natural disaster” might not make an individual a “refugee” under law, if that individual were forced to live in a known danger zone or denied life-saving assistance at least in part because of religious, ethnic, or political identity, that WOULD qualify. Was the infamous “Kristallnacht” in Nazi Germany systemic persecution of Jews for ethic and religious reasons? Or was it “mere vandalism, random violence, and hooliganism?” I would say clearly the former. But, I can imagine today’s BIA attributing it to the latter, to deny protection to a large group of individuals. I adjudicated thousands of asylum cases as both a trial and an appellate judge during 21 years at EOIR. I found that harm where a “protected ground” was “at least one central reason” was the rule, not the exception as EOIR tries so hard to make it.
  • Other often “trumped up” methods EOIR uses for denying valid asylum claims include bogus “adverse credibility” findings; unreasonable “corroboration” requirements; fabricated “reasonable internal relocation” opportunities; nonsensical, ahistorical “changed circumstances” conclusions; ignoring or misconstruing expert testimony; “selective reading” or mis-reading of country background reports; coercive detention in substandard conditions; and restricting or limiting access to counsel. If you think this sounds like a national disgrace on “Garland’s watch,” you’re absolutely right!
  • Undoubtedly, under a properly functioning system, with true expert adjudicators and judges — those whose career experiences demonstrated sound scholarship and understanding of the life-threatening circumstances of asylum seekers and the inherent limitations of both the Asylum office and EOIR — many more asylum cases from those applying at the Southern Border and elsewhere would be granted. So, Government policies based largely on “deterrence” or on the self-fulfilling prophecy that “few will qualify” should be viewed as fatally flawed. Without a better EOIR and an asylum adjudication system run by well-qualified experts, we can’t possibly formulate rational and humane border policies or indeed workable immigration policies at all. Tragically, we’re a long way from that right now!

🇺🇸 Due Process Forever!

PWS

07-19-23

💡A Good Idea On Enhancing Refugee Processing, But Administration Doesn’t Seem That Serious About “Leveraging” It To Really Help!

Good Idea
Good ideas require dynamic, timely implementation. So far, that hasn’t been a strong point for the Biden Administration on immigration and human rights.
Public Realm

From Asylum Access & Reuters:

#US is looking to open a resettlement pathway to #refugees in #Mexico who arrived before June 6, 2023.

“The plan under discussion would allow qualifying migrants approved for refugee status to enter via the U.S. refugee resettlement program, which is only available to applicants abroad (…) refugees receive immediate work authorization and government benefits such as housing and employment assistance”

Read more below from Reuters

https://lnkd.in/gDQwYerd

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

This is a fine idea, albeit one that many experts recommended that the Biden Administration implement in a robust way upon taking office in January 2021. 

If properly and generously carried out, it could 1) stop the “endless wait” for refugees stuck in Mexico; 2) relieve border pressure; 3) avoid the backlogs at EOIR and the Asylum Office; 4) admit individuals as refugees with immediate work authorization and a clear part to green cards and citizenship; 5) pave the way for more robust refugee processing elsewhere in the Western Hemisphere; 6) avoid the political stunts of GOP nativist governors; and 7) be much harder for restrictionists to challenge in court.

Past programs similar to this in the Western Hemisphere (with the exceptions of Cubans in the 1960s) have largely failed because they have been too 1) limited, 2) slow, and 3) bureaucratized.

From the Reuters article, it appears to me that the Administration is ready to repeat all three of the foregoing mistakes, assuming the program even gets off the ground at all.

It’s definitely a good idea with promise. But realizing that promise depends on the details of implementation. In this case, they don’t sound promising. Stay tuned!

🇺🇸Due Process Forever!

PWS

07-13-23