"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Training and certification in trades, skilled crafts, technology, and other essential occupations are readily available;
Students who seek a four-year degree can earn transfer credentials;
Tuition is affordable;
Work/study is a “norm;”
Those already in the workforce are sought and respected;
Diversity is “self-created” by the students;
Equal educational opportunity is a reality;
All are welcome;
Future employers can have input into the curriculum;
Practical training in real world skills is emphasized;
Adult enrichment and continuing life education are encouraged, not afterthoughts;
Parents don’t need to inflate their kids’ athletic or artistic profiles to beat the “admissions racket;”
More is spent on classrooms and educational support than athletic venues;
The football coach doesn’t make more than the college president!
There’s probably a community college (or colleges) near you. Whether you are a prospective student, employer, retiree, community activist, someone looking to sharpen existing skills or broaden your horizons, or just a curious community member you should check out America’s best educational bargains and the future of affordable, practical higher education!
Here’s a recent timely article from David Kirps, professor emeritus at the Goldman School of Public Policy, University of California at Berkeley, in WashPost on how community colleges are a source for a diverse group of highly-qualified students ready to take their skills and talents to other campuses and the real world:
My only “beef” with Mr. Kirps’s article is the he passes over the important “other cohort” of community college students: Those who don’t necessarily aspire to transfer to a four-year college (at least not immediately), but rather seek the skills training and expertise to immediately enter the workforce in key, well-paying jobs. Our granddaughter, Cassie, who graduated from community college in Wisconsin last spring and is now gainfully employed as a licensed dental hygienist is a good example.
Full disclosure: Our son Will is the Manager, Business Engagement and Industry Initiatives at Northern Virginia Community College, where he concentrates on developing and insuring compatibility and employability for the “other cohort” of students and the employers who need and rely on them as the workforce of today — and tomorrow!
Building a Diverse Team: Key Approaches to Recruit Immigrants Successfully
By Diane Harrison
Expanding your recruitment strategy to include immigrants in today’s dynamic business environment can substantially benefit your small business. Embracing a globally diverse talent pool enriches your team’s cultural dynamics and enhances innovation and problem-solving capabilities. This ImmigrationCourtside.com article explores various effective strategies to engage and recruit immigrants, helping your business thrive in a competitive market by leveraging a broader range of skills and perspectives.
Visa Sponsorship
Offering visa sponsorship opportunities can significantly enhance your talent pool. This initiative not only broadens your recruitment horizons but also positions your business as a preferred employer among ambitious professionals globally. By simplifying the complex visa process for potential hires, you create a direct pathway for skilled immigrants. Your commitment to facilitating their relocation and employment can set your company apart as an employer of choice. This strategic approach underscores your dedication to building a dynamic and diverse team.
Bridge Building with Support Groups
Engaging with local immigrant support groups is a proactive step toward tapping into a diverse workforce. These organizations are often the first point of contact for newcomers seeking employment. Collaborating with them can provide you with access to a skilled and ready-to-work demographic. This partnership not only enriches your recruitment resources but also enhances your reputation within the community as a supportive and inclusive employer.
ESL Partnerships
Partnering with institutions that offer English as a Second Language (ESL) programs can be a strategic recruitment move. These institutions are frequented by individuals eager to integrate into the workforce and community. By establishing a referral system with these programs, you gain access to a group of potential employees who are actively improving their language skills, which is often a strong indicator of their dedication and drive to succeed. This collaboration also helps you tap into a pool of motivated individuals seeking to advance their careers.
Multilingual Recruitment Advertising
Advertising job openings in multiple languages ensures that your vacancies reach a wider, more diverse audience. This approach not only increases the visibility of your postings but also demonstrates your business’s commitment to diversity and inclusion. A multilingual strategy helps break down language barriers and makes your business approachable to individuals from various linguistic backgrounds. It also ensures that you do not miss out on skilled talent due to language constraints.
Training for Diverse Teams
Developing detailed training documents for new staff members is essential for equipping them with the tools needed for success. By converting these materials into PDF format, you ensure that the original quality and formatting remain intact, which is crucial for consistent training delivery. Once created, PDF files are also secure and available for useacross various platforms, enhancing accessibility for all employees. Utilizing a PDF creator, you can build these files from the ground up or modify existing documents, tailoring them to specific training needs.
Inclusive Workplace Culture
Showcasing your business as a welcoming and inclusive employer is crucial in attracting and retaining a diverse workforce. Highlighting your company’s commitment to diversitythrough your company’s mission, culture, and everyday practices can resonate deeply with immigrant candidates. Such a reputation makes your company not just a place to work, but a community to belong to. This perception significantly enhances your attractiveness as an employer.
Immigrant-Centric Job Platforms
Posting vacancies on job platforms that cater specifically to immigrant communities can direct your recruitment efforts to targeted groups. These platforms are often the go-to resources for immigrants seeking employment opportunities that are sensitive to their unique needs and circumstances. Utilizing these specialized platforms can increase the effectiveness of your recruitment strategy and draw in a focused pool of applicants. This targeted approach helps streamline your recruitment process and enhances your chances of finding the right fit for your business needs.
Immigrant-Tailored Job Fairs
Organizing job fairs specifically tailored for immigrants can provide a personalized recruitment experience for potential hires. These events offer a platform for direct interaction with candidates and allow you to present your business as an actively engaging and supportive employer. Tailored job fairs not only help assess potential hires in real time but also build a positive image of your business within immigrant communities. It’s an effective way to showcase your commitment to diversity and inclusion while meeting potential candidates face-to-face.
Adopting a thoughtful approach to recruiting immigrants can transform your small business’s potential, making it more resilient and adaptive to global market trends. As you implement these strategies, your business will not only grow in its operational capacity but also stand out as a leader in cultural inclusivity and diversity. This commitment to broadening your hiring practices will serve as a cornerstone for sustained growth and success.
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As always, Diane, thanks for inspiring and advising us on practical strategies for building a bold, strong, powerful future for America!🇺🇸
Starting a business in your local community offers a unique opportunity to establish a foothold in a familiar market while contributing to economic growth and diversity. This endeavor requires careful planning and strategic execution. By understanding the dynamics of your local economy and tapping into the needs of the community, you can create a successful enterprise that not only meets financial goals but also strengthens your connections with the place you call home. ImmigrationCourtside.com offers these tips.
Define Your Unique Value
Before you take the plunge, it’s crucial to identify what sets your business apart. Pinpoint the unique value proposition of your local business by understanding what you offer that competitors don’t. This differentiation could be anything from unique products, superior service, or a novel approach to solving customer problems. Emphasizing these unique aspects in all your communications will solidify your brand in the local marketplace.
Know Your Competition
Conducting a thorough competitive analysis is key to understanding where your business stands in the local market. Analyze competitors to grasp their strengths and weaknesses and identify gaps your business can fill. This step will shape your strategies and help you carve out a niche in the community. Keeping a close watch on competitive movements can also inform your strategic decisions.
Craft a Comprehensive Business Plan
A well-constructed business plan not only outlines your company’s mission but also specifies the operational framework and the strategies for offering your services. It delineates the required capital to initiate and maintain your business, alongside precise financial forecasts. This comprehensive plan not only facilitates the acquisition of investments but also directs your strategic choices as the market evolves. Regular revisions to this plan ensure it remains relevant and continues to guide your business towards long-term success.
Explore Local Funding Options
Funding is the fuel for your business engine. Explore various funding sources such as local grants, loans, and potential investors. Local economic development programs can offer both financial assistance and valuable advice to help you get started on the right foot. Understanding all available financial avenues can significantly enhance your startup’s viability.
Plan Your Workforce
Staffing is more than just filling positions; it’s about building a team that will grow with your business. Plan your staffing needs from the outset, focusing on hiring individuals who align with your business culture and training them to meet the demands of their roles effectively. Investing in quality staff training ensures your team can deliver exceptional service from the start. Additionally, implementing a proactive approach to employee wellness can foster a positive work environment and reduce turnover.
Establish Your Brand and Online Presence
In today’s digital age, a strong brand identity and a robust online presence are indispensable. Develop a branding strategy that reflects the ethos of your local business and creates a lasting impression. Simultaneously, leverage digital tools to build a professional website and engage with customers on social media platforms. Ensuring your online presence mirrors the quality and values of your in-person experience can set you apart from the competition.
Leverage Technology for Efficiency
Implementing the right technology solutions can dramatically streamline your operations and enhance the customer experience. Whether it’s point-of-sale systems, customer relationship management software, or e-commerce platforms, the right tech can help you operate more efficiently and effectively. Staying updated with the latest technological advancements can continually improve your operational efficiency. Adopting technology that integrates seamlessly into your existing processes can yield significant productivity gains.
Network and Build Community Ties
Finally, networking with other local businesses and community organizations can open doors to numerous opportunities. From partnerships and joint ventures to local community events, these connections can provide critical support and visibility for your new business. Engaging actively with your community not only boosts your business but also contributes to your local economy’s health. Building strong relationships within the community can also lead to valuable mentorships and collaborations that can propel your business forward.
Starting a local business is a meaningful way to contribute to your community while achieving your entrepreneurial goals. As you take the steps necessary to launch and grow your venture, remember that success comes from careful planning, persistence, and strong community relationships. By staying focused on the needs of your local market and building lasting connections, your business will be well-positioned to thrive and make a lasting impact in the community.
For more observations from retired United States Immigration Judge Paul Wickham Schmidt, visit ImmigrationCourtside.com today!
Launching a home business is particularly promising for immigrants seeking financial stability with the flexibility of self-employment. A solid plan, understanding of local laws, and effective time management are crucial elements in this endeavor. This guide, courtesy of Immigrationcourtside.com, outlines essential steps to help you confidently establish and grow your business.
Craft a Comprehensive Business Plan
A robust business plan is the cornerstone of any successful venture. Start by clearly defining your business goals, target audience, and the unique value your product or service offers. Conduct thorough market research to understand your competitors and identify opportunities. Outline your marketing strategy, operational plan, and financial projections. A well-drafted business plan not only serves as a roadmap for your business but also helps in securing funding if needed.
Navigate Local Regulations
Understanding and complying with local regulations is crucial. Research the specific permits and licensesrequired for your business type and location. Ensure you comply with zoning laws, especially if you plan to operate from home. Tax regulations can be complex, so consider consulting with a local accountant familiar with small business needs. Being fully compliant from the start will help you avoid legal issues and establish credibility with customers.
Clarify Your Business Idea
Before diving into operations, ensure your business idea is clear and focused. Define what makes your product or service unique and why customers should choose you over competitors. Conduct surveys or focus groups to gather feedback on your concept. Refine your offerings based on this feedback to meet market demands effectively. A well-defined business idea will guide your marketing efforts and help you attract and retain customers.
Master Time Management
Effective time management is essential for balancing your business with personal commitments. Start by creating a daily schedule that allocates specific time blocks for different tasks. Prioritize activities that directly impact your business growth, such as marketing and customer service. Use productivity techniques like the Pomodoro Technique to maintain focus. Regularly review your schedule to ensure it aligns with your business goals and make adjustments as necessary.
Seek Strategic Partnerships for Growth
Strategically partnering with another business can propel your home business to new heights. Consider drafting a memorandum of understanding when forming such partnerships; this informal, non-binding document outlines the intentions and actions of both parties, ensuring clarity and a solid groundwork for collaboration. Often referred to as a letter of intent, it serves to align efforts and expectations while preventing misunderstandings. When you’re ready, you can go here and start building connections that can transform your business.
Keep Your Knowledge Up-to-Date
Staying informed about industry trends and best practices is vital for long-term success. Subscribe to relevant industry newsletters, attend webinars, and participate in local business associations. Continuous learning helps you adapt to market changes and implement innovative strategies. Engage with online forums and communities to exchange ideas and gain insights from fellow entrepreneurs. This proactive approach keeps your business competitive and resilient.
Establish an Online Presence
In today’s digital age, having a strong online presence is non-negotiable. Start by creating a professional website that showcases your products or services, provides contact information, and includes customer testimonials. Utilize social media platforms to reach a broader audience and engage with potential customers. Regularly update your online content to keep it relevant and interesting. An effective online presence not only enhances visibility but also builds trust and credibility with your audience.
Launching a home business as an immigrant requires careful planning, adherence to regulations, and strategic efforts to grow and sustain your venture. By following these essential steps, you can create a solid foundation for your business, manage your time efficiently, and stay ahead in a competitive market.
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As always, Diane, thanks for your outstanding and timely contributions.
(CNN) — Some of Sebastian Corral’s memories have faded. But the 91-year-old remembers his 1953 arrival in the US as if it were yesterday.
How workers like him were forced to strip naked and sprayed with insecticide.
How their hands were inspected to make sure they were qualified for the hard labor that awaited them.
How unwelcome he and so many others felt even though they’d been invited across the border by the US government.
“You felt humiliated. You felt like you were nothing, even though you’d come to work and lift yourself up,” Corral told CNN in a recent interview via Zoom from his home in Vado, New Mexico.
Memories of those first moments in America came rushing back for Corral this month during a dramatically different visit to the place where he took his first steps in the country more than 70 years ago.
This time, officials were unveiling plaques designating the former Rio Vista Bracero Reception Center in Socorro, Texas, as a National Historic Landmark. And Corral was a guest of honor.
. . . .
Today, he describes the long journey that began at Rio Vista with pride:
“I came as a bracero. After being a bracero, then I was illegal for some years. After being illegal, then I was a permanent resident. Now I am a citizen.”
In some ways, Rio Vista wasn’t like Corral remembered when he returned this month. The buildings were more worn-down — some “pure ruins,” Corral says. But what Corral noticed most wasn’t the buildings; it was how differently he felt being there.
“I was not the same person as before,” he says.
So much had changed since those first days when he was a young man waiting for a rancher to arrive at Rio Vista with work.
He’d harvested cotton, and driven tractors, and picked beets and cucumbers as a bracero. He’d lived in New Mexico, Colorado, Wyoming and Texas during his years in the program. Once, an El Paso restaurant had refused to serve him because he was Mexican. He’d been an undocumented immigrant for decades. He’d washed dishes and prepped food in a Los Angeles restaurant. He’d worked at dairy farms in California. He’d become a legal resident after President Reagan signed a law granting him and millions of others amnesty. He’d finally brought his wife and children to the US after years of separation. He’d saved enough money to buy land for all of them to build homes nearby. He’d had 14 grandchildren and 17 great-grandchildren.
And just two years ago, he’d finally become a US citizen after decades of knowing he was American, nearly 70 years after his first arrival in the United States.
All of this went through Corral’s mind as he revisited Rio Vista on May 11. And in the mix of emotions that hit him, he felt anger at some points, but also, contentment.
Some of the buildings around him were in ruins as they awaited renovation. But Corral was standing in the Rio Vista courtyard with generations of his family beside him.
And he saw something else: the life that he built.
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Read the complete story at the link.
The thing that stands out time after time: The strength, character, and triumph of individual immigrants over laws and actions often intended to exploit, dehumanize, and/or discourage them!
The 1924 Immigration Act vilified, dehumanized, and barred many of those immigrants who have made America great, like Italian Americans being demeaned in this cartoon. Yet, some descendants of those unfairly targeted appear oblivious to the mistakes of the past and willing to inflict the same immoral lies, harm, and suffering on today’s migrants. IMAGE: Public RealmEduardo Porter Columnist and Editorial Board Member Washington Post PHOTO: WashPost
“I think that we have sufficient stock in America now for us to shut the door.”
That sounds like Donald Trump, right? Maybe on one of his campaign stops? It certainly fits the mood of the country. This year, immigration became voters’ “most important problem” in Gallup polling for the first time since Central Americans flocked to the border in 2019. More than half of Americans perceive immigrants crossing the border illegally as a “critical threat.”
Yet the sentiment expressed above is almost exactly 100 years old. It was uttered by Sen. Ellison DuRant Smith, a South Carolina Democrat, on April 9, 1924. And it helped set the stage for a historic change in U.S. immigration law, which imposed strict national quotas for newcomers that would shape the United States’ ethnic makeup for decades to come.
. . . .
The renewed backlash against immigration has little to offer the American project, though. Closing the door to new Americans would be hardly desirable, a blow to one of the nation’s greatest sources of dynamism. Raw data confirms how immigrants are adding to the nation’s economic growth, even while helping keep a lid on inflation.
Anyway, that horse left the stable. The United States is full of immigrants from, in Trump’s memorable words, “s—hole countries.” The project to set this in reverse is a fool’s errand. The 1924 Johnson-Reed immigration law might have succeeded in curtailing immigration. But the restrictions did not hold. From Presidents Johnson to Trump, efforts to circle the wagons around some ancestral White American identity failed.
We are extremely lucky it did. Contra Sen. Ellison DuRant Smith’s 100-year old prescriptions, the nation owes what greatness it has to the many different women and men it has drawn from around the world to build their futures. This requires a different conversation — one that doesn’t feature mass expulsions and concentration camps but focuses on constructing a new shared American identity that fits everyone, including the many more immigrants who will arrive from the Global South for years to come.
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Gordon F. Sander Journalist and Historian PHOTO: www.gordonsander.com
Gordon F. Sander, journalist and historian, also writes in WashPost, perhaps somewhat less optimistically, but with the same historical truth in the face of current political lies and gross misrepresentations:
Johnson and Reed were in a triumphant mood on the eve of their bill’s enactment. “America of the melting pot will no longer be necessary,” Reed wrote in the Times. He remarked on the new law’s impact: “It will mean a more homogenous nation, more self-reliant, more independent and more closely knit by common properties and common faith.”
The law immediately had its intended effect. In 1921, more than 200,000 Italians arrived at Ellis Island. In 1925, following the bill’s enactment, barely 6,000 Italians were permitted entry.
But there were less intended consequences, too, including on U.S. foreign relations. Although Reed insisted there was nothing personal about the act’s exclusion of Japanese people, the Japanese government took strong exception, leading to an increase in tensions between the two countries. There were riots in Tokyo. The road to Pearl Harbor was laid.
During the 1930s, after the eugenics-driven Nazis seized control of Germany, the quotas established by the act helped close the door to European Jews and others fleeing fascism.
At the same time, the law also inspired a small but determined group of opponents led by Rep. Emanuel Celler (D-N.Y.), who were committed to overturning it. Celler’s half-century-long campaign finally paid off in 1965 at the Statue of Liberty when, as Celler looked on, President Lyndon B. Johnson signed the Immigration and Nationality Act, which ended national origin quotas.
But with anti-immigration sentiment on the rise and quotas once again on the table, it’s clear that a century after its enactment, the ghost of Johnson-Reed isn’t completely gone.
Gordon F. Sander is a journalist and historian based in Riga, Latvia. He is the author of “The Frank Family That Survived: A 20th Century Odyssey” and other books
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Many thanks to my friend and immigration maven Deb Sanders for alerting me to the Sander article. I strongly urge everyone to read both pieces at the links above.
Perhaps the most poignant comment I’ve received about these articles is from American educator, expert, author, and “practical scholar” Susan Gzesh:
And because of the 1924 Act, my grandparents lost dozens of their siblings, parents, aunts, uncles, nieces, and nephews to the Holocaust in the 1940s because Eastern European Jewish immigration to the US had been cut off. They would have been capable of sponsoring more family to come to the US in the late 1920s and 30s, but there was no quota for them.
I have no words to describe my feelings about so-called experts who would praise the 1924 Act. I know that Asian Americans must feel similarly to my sentiments.
Well said, Susan!
Susan Gzesh American scholar, educator, expert, author PHOTO: U. Of Chicago
I’ll leave it at that, for you to ponder the next time you hear Trump, DeSantis, Abbott, and the like fear-monger about the bogus “invasion,” spout “replacement theory,” and extoll the virtues of extralegal cruelties and dehumanization inflicted upon “the other” — typically the most vulnerable who areseeking our legal protection and appealing to our senses of justice and human dignity! And, also you can consider this when the so called “mainstream media” pander to these lies by uncritically presenting them as “the other side,” thereby echoing “alternative facts!”
It’s also worth remembering this when you hear Biden, Harris, Schumer, Murphy, and other weak-kneed Dem politicos who should know better adopt Trumpist White Nationalist proposals and falsely present them as “realistic compromises” — as opposed to what they really are —tragic acts of political and moral cowardice!
Eventually, as both of the above articles point out, America largely persevered and prospered over its demons of racism, anti-Catholicism, and anti-immigrant nationalism. But, it would be wrong to view this “long arc” analysis as “zeroing out” the sins and horrors of our past.
Susan Gzesh’s relatives died, some horribly and painfully, before their time. That can’t be changed by future progress. Nor can the children they might have had or the achievements they never got to make to our nation and the world be resurrected.
As Susan mentions, the 1924 Act also reinforced long-standing racism and xenophobia against Asian Americans that led to the irreversible harm inflicted by the internment of Japanese American citizens, continuing Chinese Exclusion, and a host of state laws targeting the Asian population and making their lives miserable. Belated recognition of the wrongfulness and immorality of these reprehensible laws and actions does nothing for their past victims.
Many Irish, Italian, and other Catholics and their cherished institutions died, lost property, or were permanently displaced by widespread anti-Catholic riots brought on and fanned by the very type of biased and ignorant thinking that undergirded Johnson-Reed. They can’t be brought back to life and their property restored just by a “magic wave of the historical wand.”
U.S. citizens of Mexican-American heritage were deported and dispossessed, some from property their ancestors had owned long before there was even a United States. Apologizing to their descendants and acknowledging our mistakes as a nation won’t eliminate the injustices done them — ones that they took to their graves!
Despite the “lessons of the Holocaust,” America continues to struggle with anti-Semitism and anti-Islamic phobias and indifference to human suffering beyond our borders.
And, of course, the poisonous adverse impacts of slavery on our nation and our African-American compatriots continue to haunt and influence us despite disingenuous claims to the contrary.
Dan Kowalski Online Editor of the LexisNexis Immigration Law Community (ILC)Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
My friends immigration experts Dan Kowalski and Hon. Jeffrey Chase also had some “choice words” for the “false scholars” who extol the fabricated “benefits” of White Nationalism and racism embodied in “laws” that contravened the very meaning of “with liberty and justice for all” — something to reflect upon this Memorial Day. See https://dankowalski.substack.com/p/true-colors.
Thank you, Dan! In memory of my Gzesh, Wolfson, Kronenberg, and Kissilove relatives who were victims of the Holocaust – after their U.S.-based relatives failed to get visas for them.
Heed the lessons of history, enshrine tolerance, honor diversity, and “improve on past performance!”We have a choice as to whether or not to repeat the mistakes of the past — to regress to a darker age or move forward to a brighter future for all!Make the right one!
Immigration law and policy are very complex, and truly boring for everyone except those who have to deal with them. But we live in an instant gratification, fast food culture. Immigration is a Hot Topic, folks want a Solution Now, so journalists naturally write about it…some better than others.
David Leonhardt, a senior writer at the New York Times, is a smart fellow who has won awards. But his “wheelhouse,” as the kids say, is mostly business and economics. I wish he (and/or his editors…where were they?) had consulted a panel of experts before hitting “send” on this piece.
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Now, I’m not an expert, but I did practice immigration law for almost 40 years, and today my social media feeds and email listservs are burning up with negative reactions to Leonhardt’s piece from true immigration experts.
Responding to every one of the problems in the piece would make this post too long, and would put you to sleep rather quickly, so I’ll touch on just a few highlights that really chapped my professional hide.
First, Leonhardt said, “Biden … changed the definition of asylum to include fear of gang violence.” That is simply false. The definition of who qualifies for asylum is based on the “refugee” definition, is fixed by statute, and only Congress can change that. Congress did NOT make any such change, and neither Biden nor any president could. Fear of gang violence as a basis for an asylum claim is a continuing subject of litigation at the Board of Immigration Appeals and in the federal courts, but the statute remains unchanged.
Second, Leonhardt states that Biden could have issued executive orders to mitigate the situation at the border. Oh, but “Yes, federal judges might block some of these policies… .” Maybe because they are illegal orders? No matter, “sending a message” is more important than legality.
Third, on the matter of admission into the U.S. via “parole,” Leonhardt implies that Biden expanded the use of parole beyond its “case-by-case” legal limits. Maybe Leonhardt did not know that “parole was … used to resettle over 360,000 Indochinese refugees between 1975 and mid-1980” and that “[b]etween 1962 and the end of May 1979, over 690,000 Cuban nationals were paroled into the country, “the largest number of refugees from a single nationality ever accepted into the United States.” ” – Amicus brief submitted to the Supreme Court in Clark v. Martinez.
Finally, the overall thrust of Leonhardt’s piece seems to be that the border is a “problem” that can and should be “solved” by some combination of legal and physical deterrents. This is a misperception common to educated elites as well as regular folks, and it is based on an ignorance of the full panoply of historical, economic, geographic and political forces that combine to make true border “control” a fantasy. Go to the border, look at the miles of desert, mountain and river and you will conclude that border walls are nothing more than a contractor’s financial wet dream. Talk to a woman from Central America who has risked everything to come here and you will conclude that no laws, no walls, no “message” would have deterred her.
I usually ignore much of what the MSM publishes about immigration, but the Times and Leonhardt carry a certain weight, so here I am, typing away. You’re welcome.
[The Comments are open, so fire away!]
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Professor Karen Musalo Director, Center for Gender & Refugee Studies, Hastings Law
Here’s the letter that Professor Karen Musalo, Director of the Center for Gender & Refugee Studies at Hastings Law wrote to the NYT:
Before David Leonhardt writes another piece on immigration, he should make sure he has his facts straight. He erroneously claims Biden “changed the definition of asylum to include fear of gang violence.” Biden did no such thing. What his Justice Department did was overturn a Trump-era ruling attempting to foreclose asylum claims by victims of domestic and gang violence, regardless of their legal merits. That decision was widely criticized, including on your pages in an op-ed I co-authored with Jane Fonda. Attorney General Garland rightfully vacated it, leaving the issue to be resolved by regulations [which to date have not been issued].
Leonhardt is incorrect in his assertion that more “aggressive” moves will mitigate challenges at the border, or score points with voters who overwhelmingly opposecruel and exclusionary policies. The Senate bill touted as a step in the right direction would have codified failed policies that only create more chaos.
Executive actions reportedly under consideration would similarly exacerbate operational challenges and inevitably get tied up in litigation.
And yes, Republicans’ sabotage of the bill was “transparently cynical.” Just as cynical, however, was the president’s choice to back anti-immigrant legislation he knew was doomed. In their attempts to out-Trump Trump, the president and his allies have betrayed their values and the voters who put them in office.
Karen Musalo
San Francisco, CA
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Thanks, Dan and Karen! Turning Leonhardt loose on a subject he’s obviously unqualified to write about — “stunning ignorance” in the words of one world-renowned expert — is nothing short of journalistic malpractice on the part of the NYT!
Immigration is a serious topic with life or death implications for migrants and the future of our nation. It deserves serious, informed, professional journalism by experts who are familiar with the plight of forced migrants and the actual legal requirements for asylum and due process as well as the realities of the border and the anti-immigrant absurdities of our dysfunctional Immigration Courts and non-legally-compliant asylum adjudication system.
There are lots of well-qualified folks around who could inform the public. Needless to say Leonhardt is not one of them. Unhappily, few “mainstream media” journalists have the necessary creds. That’s one reason the toxic national debate is so dominated by right wing White Nationalist media spreading lies and myths with little critical pushback from the “MSM.”
Rachel Siegel Economics Reporter Washington Post PHOTO: WashPost
Ironically, the same day’s Washington Post had an article by Rachel Siegel about how robust immigration of all types has saved the U.S. economy and how many economists believe Trump’s mindless, restrictionist, and likely illegal nativist policies could slow growth, devastate the U.S. workforce, and exacerbate inflation! https://www.washingtonpost.com/business/2024/05/20/trump-immigration-undocumented-economy/. At the same time, he would create chaos and waste billions in public funds.
Recently, I publisheda number of articles by experts debunking many of the very anti-immigrant myths that Leonhardt disingenuously repeats or enables:
In one of many bad moments, Leonhardt uncritically “parrots” the oft-debunked fiction that changes in U.S. immigration policies and “deterrents” like walls, detention, and racially-driven cruelty are primary long-term “drivers” of forced human migration. Undoubtedly, in the complex interrelated world of migration, such policies do have some fairly marginal, largely short-term effects, causing changes in migration paths, adjustments in smuggling methods, changes in smuggling fees, more deaths and unreported irregular entries (when enforcement “gimmicks” are irresponsibly expanded), and enough “statistical variance” to allow proponents of these futile policies to falsely claim “victory” before the system reverts to a new “equilibrium.”
But the truth is inescapable, even if inconvenient for Leonhardt and other dilettantes: Human migration is a complex worldwide phenomenon driven by forces beyond the ability of any single nation, even one as powerful and influential as the U.S., to control by harsh deterrence and restriction, no matter how cruel, deadly, and wasteful.See, e.g., https://immigrationcourtside.com/wp-admin/about.php (“Migrants will continue to flee bombs, look for better-paying jobs and accept extraordinary risks as the price of providing a better life for their children. . . .No wall, sheriff or headscarf law would have prevented [forced migrants] from leaving their homes.”).
As cogently stated by Robert McKee Irwin, an immigration scholar at U.C. Davis:
Leonhardt also suggests, quite incorrectly, that Biden’s (limited) attempts to increase pathways for legal immigration and return to the rule of law at the border somehow benefitted and encouraged smugglers and cartels. NOTHING could be more wrong-headed!
It is Trump and his restrictionist allies and enablers who have been a huge boon for human smugglers! As legal pathways are eliminated or unreasonably restricted, the entire “protection” system falls into the hands of smugglers and other trans-border criminal organizations who become “the only game in town” for those seeking protection! Smuggling prices go up and the risks to migrants increase, even as profit margins for the smugglers skyrocket! Equally bad, law enforcement is diverted from real criminals to playing a bogus “numbers game” at the expense of those who seek only to have their life-determining claims heard fairly, timely, and humanely in accordance with the rule of law!
If our country builds a fair, timely, and humane system for considering asylum claims, something that succeeding Administrations have shamefully eschewed, the majority of asylum applicants will use it, which at the same time would allow border law enforcement to focus on real security issues rather than contrived ones. Similarly, more realistic and robust paths for legal immigration, both temporary and long term, will reduce the pressure and incentives for irregular migration. These measures would also tap into the truth about migration being ignored by politicos of both parties:
These [restrictionist] political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.
Notably, the Biden parole program criticized by Leonhardt not only has been upheld in Federal Court, but has generally been praised and recognized by experts as a great, largely under appreciated, success in both creating an orderly process and reducing border pressures while benefitting American families and fueling our economy. See, e.g., https://www.fwd.us/news/chnv-parole/. (I’ll admit to not initially being a “fan,” but hey, results matter so I’ve come around). The most legitimate criticism is that it has been too limited both in terms of numbers and nationality restrictions!
Bad journalism promoting myths like those spouted by Leonhard misleads the public and enables politicos to get away with policies that are not only illegal, but often harm and even kill the very vulnerable migrants we are supposed to be protecting, or at the very least treating with fairness, respect, and human dignity. America and the migrants who still (against the odds) see us as a beacon of hope in a cruel world deserve better from the NYT!
Judge Lister also has a plan to donate patented “healthy, sustainable textile technology” developed during the pandemic that could be used to create good jobs in Mexico and other countries beyond our borders.
Professor Michele Pistone at Villanova Law has developed a “scalable” online training course (“VIISTA Villanova”) that is currently being used to graduate more highly-qualified non-lawyer “Accredited Representatives” to close the burgeoning and critical representation gap in Immigration Court, thus “delivering due process with efficiency.” She believes that with more funding, this program could be “ramped up” to produce 10,000 new Accredited Representatives annually! See, e.g., https://www1.villanova.edu/university/professional-studies/academics/professional-education/viista.html.
With so many brilliant, informed, and involved experts out here, with creative positive ideas for improving immigrant justice and restoring the rule of law, it is very disappointing that the NYT and Leonhardt have chosen to uncritically recycle and repeat cruel, failed, legally problematic proposals by irresponsible politicos that would make things worse. Rather, the media should be consulting the experts actually involved in immigration at the “grass roots level” and pressing politicos on both sides of the aisle and the Administration as to why they aren’t concentrating and investing in humane potential solutions rather than deadly and discredited “deterrence through cruelty!”
As Erica Bryant of the Vera Institute of Justice, someone who, unlike Leonhardt, is actually qualified to write about migration, stated in an article I recently republished:
This November, and beyond, voters need to reject lies that demonize immigrants and demand policies that treat each person with dignity and fairness, no matter where they were born.
Obviously, neither Leonhardt nor the NYT editors got the message. They should!
Thanks again, Dan and Karen, for being the first to speak out and challenge Leonhardt’s dangerous, misleading, and highly irresponsible nativist nonsense!
As critical elections approach, voters are being bombarded with harmful myths, misrepresentations, and outright lies about people who are immigrants. More than 45 million people living in the United States were born elsewhere. Despite their proven contributions to communities nationwide, people seeking office call them “invaders” and make campaign promises for the “largest domestic deportation operation in history.” Inflammatory talking points about “border security” and the “migrant crisis” come from candidates across the political spectrum.
What is missing from this rhetoric is simple: the truth. The United States has failed to align its immigration laws and practices with 21st-century realities, leaving a system that is cruel, dysfunctional, and widely criticized. Bringing the country’s approach to immigration in line with the needs of the moment and building an immigration system that is both functional and humane will require serious effort. False information distracts from the solutions that we know work.
Here’s the truth.
It is perfectly legal to request asylum. People who come to the United States border to ask for help are not breaking the law.
Asylum is a form of protection that allows people to remain in the United States and avoid deportation back to a country where they fear persecution or harm because of their identity, religion, or political beliefs. Under both U.S. and international law, people who face danger in their homelands have the right to go to other nations to seek safety and to have their requests for asylum considered.
Asking for asylum is not a “free ticket” into the United States.
Applying for asylum is a long and complex process. Asylum cases completed in fiscal year 2019 or later took an average of 5.2 years to resolve, according to unpublished analysis of government data conducted by Vera. Currently-pending removal cases have been on the docket for an average of 1.9 years. Dangerous conditions around the world have forced record numbers of people to flee their homes and seek safety. This increase in need, exacerbated by a decades-long lack of investment in infrastructure and capacity to humanely process asylum claims, has created an enormous backlog in processing requests. Vera’s unpublished analysis of government data showed that, as of January 31, 2024, there were 3,353,199 cases pending removal proceedings in the United States.
Undocumented people have far lower crime rates than U.S. citizens.
Political candidates often falsely link undocumented people to crime in the United States. Yet an extensive study of crimes in all 50 states and Washington, DC, from 1990 to 2014, found that undocumented immigration does not increase violent crime. A study of arrests in Texas found that, relative to undocumented people, U.S.-born citizens are more than twice as likely to be arrested for violent crimes, 2.5 times more likely to be arrested for drug crimes, and more than four times more likely to be arrested for property crimes. Another study in Texas found that the criminal conviction rate for undocumented immigrants was 45 percent below that of native-born Texans. Immigrants of any legal status are typically found to be less involved in violence than native-born Americans.
Undocumented people pay taxes and help prop up social security by paying into the system—without receiving benefits.
Undocumented people pay an estimated $31 billion dollars in federal, state, and local taxes each year, including billions of dollars into a social security system from which they can draw very few, if any, benefits. The Social Security Administration (SSA) itself estimated that it collected $13 billion in payroll taxes in 2010 from workers without documentation, while only disbursing about $1 billion in payment attributable to unauthorized work. In a 2013 report, SSA estimated that “earnings by unauthorized immigrants result in a net positive effect on Social Security financial status generally. . . . We estimate that future years will experience a continuation of this positive impact on the trust funds.”
Virtually no fentanyl has been seized from people seeking asylum.
Fentanyl overdoses are increasing in the United States, and real solutions will require investments in treatment and preventative health care infrastructure. Instead, far too many politicians seek cheap political points by falsely blaming people seeking asylum at the southern border for this serious problem. In fact, virtually no fentanyl has been seized from people seeking asylum. In 2023, 93 percent of fentanyl seizures occurred at official border crossings or legal checkpoints. Nearly all of these seizures involved people permitted to cross the border, and more than 70 percent were U.S. citizens.
People with pending immigration cases show up to their court hearings.
Evidence clearly shows that, over the past two decades, most immigrants have shown up for the immigration court hearings that determine whether they have legal standing to remain in the United States. They do not slip into the country and disappear, as some political leaders claim. In fact, those who attend immigration court outside detention, on what are known as “non-detained” dockets, almost always continue to appear for their hearings when they are able to secure legal representation. There is no need to confine people in costly and inhumane immigration prisons.
Not all people at risk of deportation cross the border without documentation. Visa holders, long-term permanent residents, and even U.S. citizens are at risk.
While the spotlight often shines on people who cross the southern border without documentation, there are many ways that people can face the threat of deportation in the United States. Indeed, there are 22 million people in the United States who are at risk of being separated from their families and sent to countries where they may face danger. Tens of thousands of children who were adopted from outside the United States, for example, do not have documentation and are vulnerable to deportation because their complex citizenship paperwork was improperly filed. Additionally, more than one million people were brought to the United States as children by parents who entered the country without documentation or overstayed their visas. And, in 2022, more than 850,000 people from countries around the world overstayed their visas, making their continued presence in the United States unauthorized. Lawful permanent residents, current visa holders, and even U.S. citizens have been subjected to the risk of deportation and forced to defend their right to remain home with their families and in their communities.
Many people at risk of deportation actually have a legal right to remain in the United States—but are deported anyway.
Unlike in criminal court, people facing deportation in immigration court are not entitled to an attorney if they cannot afford one. Immigration attorneys can cost thousands of dollars, making them unaffordable for many. As a result, people seeking asylum, longtime legal residents, parents of U.S. citizens, and even small children are forced to appear in immigration court without an attorney to protect their rights. This makes it much more likely that they will be deported, even if they could have established a legal right to stay in the United States. The Fairness to Freedom Act, which was introduced in Congress last year and would establish a right to federally funded attorneys for all people facing deportation, would help fix this injustice.
Immigrants participate in the labor force and start businesses at higher rates than the native-born population.
One in six people in the United States workforce are immigrants. In fact, immigrants participate in the labor force at a higher rate than the U.S.-born population. Immigrants are also more likely to start businesses than native-born U.S. citizens. Furthermore, millions of people in the United States are employed by immigrant-founded and immigrant-owned companies.
People in the United States view immigration as a positive that benefits the country, and they support protections for people fleeing danger.
The majority of the public believes that immigration brings benefits to the United States, including economic growth and enriching culture and values. Nearly three-quarters of people polled said that people immigrate to the United States for jobs and to improve their lives, and more than half say that the ability to immigrate is a “human right.” Multiple polls show that the majority of people in the United States support protections for people who are trying to escape persecution and torture in their homelands. According to one Pew Research Center poll, 72 percent believe that accepting civilians trying to escape war and violence should be an important goal of U.S. immigration policy.
The United States has much work ahead to reform its dysfunctional and often cruel immigration system. This November, and beyond, voters need to reject lies that demonize immigrants and demand policies that treat each person with dignity and fairness, no matter where they were born.
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Erica’s “spot on” last sentence is certainly worth repeating:
This November, and beyond, voters need to reject lies that demonize immigrants and demand policies that treat each person with dignity and fairness, no matter where they were born.
While migrants might be the “easy target” of politicos and nativists, because they are vulnerable and “the usual scapegoats” for problems created or fostered by those very politicos and nativists themselves, in the end we ALL are the targets of those who want to inflict gratuitous cruelty while destroying our precious democracy.
As Dr. Martin Luther King, Jr., said “Injustice anywhere is a threat to justice everywhere.” Each of us has a vested interest in “not looking the other way” while our fellow humans unfairly are stripped of their rights and humanity with “harmful myths, misrepresentations, and outright lies.” YOU could be “next on the list!”
Rev. Craig Mousin Ministry & Higher Education Wellington United Church of Christ U. of Illinois College of Law Greater Chicago Area PHOTO: DePaul U. Website
Restrictions To An Already Compromised Asylum System
This week we talk about a proposed rule from the Biden Administration that may change asylum proceedures and allow adjudicators to turn away people without proper research on their background.
Read the proposed rule: https://www.federalregister.gov/documents/2024/05/13/2024-10390/application-of-certain-mandatory-bars-in-fear-screenings
Read the NIJC’s breakdown: https://immigrantjustice.org/press-releases/nijc-denounces-new-biden-rule-adding-restrictions-already-compromised-asylum-system
Next week we should have a call to action with templates for you to help submit your comment. Watch this space!
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Thanks, Craig, for speaking up! Why does the Administration keep proposing likely unlawful restrictionist regulations that won’t help the situation at the border?
As Craig notes, there are “many positive ways” to improve the treatment of legal asylum seekers and promote fair and efficient consideration of their claims! Why is the Biden Administration “tuning out” the voices of those with border expertise who are trying to help them make the legal asylum system work?
America’s misunderstood border crisis, in 8 charts
For all the attention on the border, the root causes of migration and the most promising solutions to the US’s broken immigration system are often overlooked.
There is a crisis on America’s border with Mexico.
The number of people arriving there has skyrocketed in the years since the pandemic, when crossings fell drastically. The scenes coming from the border, and from many US cities that have been touched by the migrant crisis, have helped elevate the issue in voters’ minds.
But for all the attention the topic gets, it is also widely misunderstood. The last few decades have seen a series of surges at the border and political wrangling over how to respond. The root causes of migration and why the US has long been ill-equipped to deal with it have been overlooked. Understanding all of that is key to fixing the problem.
Yes, border crossings are up. But the type of migrants coming, where they’re from, and why they’re making the often treacherous journey to the southern border has changed over the years. The US’s immigration system simply was not designed or resourced to deal with the types of people arriving today: people from a growing variety of countries, fleeing crises and seeking asylum, often with their families. And that’s a broader problem that neither Biden, nor any president, can fix on their own.
Here’s an explanation of the border crisis, broken down into eight charts.
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I highly recommend reading Nicole’s entire excellent article, with informative charts, at the link.
When both sides in the political debate eschew truth in favor of dehumanization, scapegoating, and pandering to nativist interests, it’s easy to see why real solutions to immigration issues are elusive. But, it needn’t be this way if politicos, the public, and the mainstream media looked for humane, practical, solutions that dealt with the realities of forced migration in the 21st Century, including the inherent limitations of “deterrence,” overt cruelty, disregard of known consequences, and unilateral actions.
The small town of Potosi, Wisconsin, has been given a second wind after the revival of its historic brewery that is the pride of the community and delivering the taste of a comeback. NBC’s Maggie Vespa reports in this week’s Sunday Spotlight.
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Nice assignment, Maggie!See the complete video at the above link.
“Good Old Potosi” was on the “low-budget shelf” at Mid-City Beer & Liquor in Appleton, Wisconsin when I attended Lawrence University. Their slogan was “Have You Had Your Potosi Today?” My buddies and I at the Sig Ep House quaffed a few during our time in the “community of scholars.” Little did anyone suspect that it would someday become a “cult favorite” that would prove economically significant!
“Have you had your Potosi today?” — Historic Potosi Beer Matchbook Cover
The original Potosi Brewery closed its doors in 1972, following our graduation, but obviously unrelated. Cathy and I drove past the then-functioning brewery on camping trips along the Great River Road during my time in Law School.
I also recollect that my Grandmother Clara’s sister, Lydia, was friendly with members of the Schumacher Family that ran the brewery in the 20th Century.
President Joe Biden would make a mistake if he issued a new executive order to block asylum seekers in the hope of improving his election standing. It is unlikely the order would be lawful or effective. Instead, the Biden administration should focus on policies that have worked by expanding legal pathways. Individuals and families allowed to enter lawfully do not immigrate illegally.
The Associated Press reports, “The White House is considering using provisions of federal immigration law repeatedly tapped by former President Donald Trump to unilaterally enact a sweeping crackdown at the southern border.” The effort shows how pressure over the upcoming rematch with Donald Trump influences U.S. immigration policy.
The president may declare that individuals crossing the southwest border are ineligible to apply for asylum. A court would block it, given the experience when Donald Trump tried a similar approach via regulation.
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America needs workers. A recent study by economist Madeline Zavodny concluded that the slowdown in the working-age foreign-born starting in 2017 under Donald Trump’s immigration policies (and compounded by COVID-19) likely shaved off a significant amount of real GDP growth in 2022. Real GDP growth, or economic growth, is needed to improve living standards.
Zavodny, an economics professor at the University of North Florida, found that U.S. real GDP growth was lower by an estimate of up to 1.3 percentage points in 2022. In other words, the growth rate was only 1.9 percent but could have been as high as 3.2 percent if “the working-age foreign-born population had continued to grow at the same rate it did during the first half of the 2010s.”
Congress should create temporary work visas for year-round jobs in sectors like hospitality and construction to complement the current seasonal visas that cover jobs mostly in agriculture and summer resorts.
The loudest voices in the room are usually not the ones with the best solutions. On immigration policy, those shouting have called for more enforcement measures, even if such policies are ineffective. The Biden administration should focus on a policy that has worked by expanding humanitarian parole programs and other legal pathways.
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Read Stuart’s full article at the link!
Unfortunately, the Biden Administration has lacked consistent, dynamic, expert leadership on immigration. Consequently, cycles of modest successful positive steps are followed by irrational, failed “deterrence only.”
The Trump Administration turned immigration policy over to notorious White Nationalist restrictionist Stephen Miller and let him have his way. By contrast, the Biden Administration has shown little leadership on this important issue, despite having access to what is probably the greatest intellectual “brain trust” of proven immigration expertise and innovative “practical scholars” in American history!
Preferring to avoid the discussion, the Administration has bounced aimlessly from modest improvements to proven failed cruelty and repression. It’s what happens when an issue of fundamental values that requires vision, courage, consistency, and creative leadership is improperly relegated to the realm of “political strategy” controlled by those who have never personally experienced the human trauma of failed immigration enforcement feeding into a dysfunctional, due-process-denying “court system.”
Stuart understands the issue far better than anyone I’m aware of in Administration leadership. The Biden campaign should “give him a call” and heed his advice!
An increasing number of migrants attempt to cross the US Southwest border without obtaining a visa or any other prior authorization. 2.5 million migrants did so in 2023. In recent years, responding to this influx, US officials have expanded lawful channels for a limited number of these migrants to cross the border, but only at official ports of entry. These expanded lawful channels were intended to divert migrants away from crossing between ports of entry, by foot or across rivers, thereby reducing unlawful crossings. On the other hand, some have argued that expanding lawful entry would encourage more migrants to cross unlawfully. This study seeks to shed light on that debate by assessing the net effect of lawful channels on unlawful crossings. It considers almost 11 million migrants (men, women, and children) encountered at the border crossing the border without prior permission or authorization. Using statistical methods designed to distinguish causation from simple correlation, it finds that a policy of expanding lawful channels to cross the border by 10 percent in a given month causes a net reduction of about 3 percent in unlawful crossings several months later. Fluctuations in the constraints on lawful crossings can explain roughly 9 percent of the month-to-month variation in unlawful crossings. The data thus suggest that policies expanding access to lawful crossing can serve as a partial but substantial deterrent to unlawful crossing and that expanding access can serve as an important tool for more secure and regulated borders.
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Read the complete report at the above link.
A comprehensive program combining better refugee and asylum processing with more legal pathways for migration that would reward application and processing abroad would improve the situation at the border. Certainly, it would be a much more prudent and effective investment for our Government than simply pouring more money into “proven to fail” militarization, detention, and restrictions on legal asylum.
Adina Appelbaum Director, Immigration Impact Lab CAIR Coalition Charter Member, NDPA PHOTO: “30 Under 30” from Forbes
NDPA Superstar 🌟 Adina Appelbaum writes on Linkedin:
Grateful for the opportunity to support undocumented students at Georgetown University tonight to learn about entrepreneurship options available to them as part of Georgetown’s UndocuHoya Month.
As a Georgetown University Law Center and Georgetown University McCourt School of Public Policy alumna, it was an honor to teach these brilliant students about how to navigate the immigration law, business, finance, and tax systems, so that they can become more financially empowered with the opportunities available to them through entrepreneurship.
If only all universities celebrated their undocumented students, and had people like Jennifer A. Crewalk, Ph.D. supporting them, like Georgetown.
Starting the training, it was surreal to speak about my own great grandparents who came to this country with nothing and survived by starting little candy, liquor, and grocery shops in Georgetown.
If they had been immigrants today, they would have been considered undocumented – there just weren’t the immigration laws in place at the time that labeled them as such.
Thanks, Adina, for posting this and for contributing your expertise to this program.
Proud to be part of the Georgetown U Community!
“If they had been immigrants today, they would have been considered undocumented – there just weren’t the immigration laws in place at the time that labeled them as such.”
So true for so many of us! How soon we as a nation forget our immigrant history and heritage!
As safe corridors for migration disappear, more people risk their lives crossing the U.S.-Mexico border. And more people die. A new report by the nonprofit No More Deaths, along with a searchable map and database, documents the increasing number of migrant deaths at the border in New Mexico and far West Texas. Until now, not much research has been done on the deaths of people migrating through this section of the border. The project was led by Bryce, a No More Deaths volunteer (who asked that we not use his last name because the Far Right has recently been targeting the group). He, along with several others, have created the most comprehensive database to date of deaths in the Border Patrol’s El Paso Sector, which includes New Mexico and two counties in Texas, El Paso and Hudspeth. The report covers 15 years, from 2008 to 2023, and it shows many disturbing trends, including the acceleration of deaths that has accompanied “prevention through deterrence,” the U.S. government’s strategy implemented in the 1990s to push migrants into more remote, dangerous crossings. That strategy is now morphing into something all the more tragic as people, increasingly women and children, are barred from accessing asylum and are dying at the doorstep of American cities and towns. In this Q&A, Bryce talks about documenting these deaths, and the discoveries that both shocked and angered him in creating this new report.
Why did you study this particular part of the border in New Mexico and far West Texas?
A couple of years ago, a few of us started getting interested in what’s happening in New Mexico, and whether there’s any need for humanitarian aid out there, just because we hadn’t really heard anything but assumed there must be something happening out there. Quickly, we noticed that there was not much data in general about the area. So I started doing public records requests. And pretty quickly, just with the first batch of data, we got about 20 deaths for 2022. We went to some of those locations to see if we’d see trails. And while we were checking out some of these locations, we found human remains right across the street from a cemetery and about 50 feet from a main road in Sunland Park [New Mexico]. It was not a remote place. It was right in town. So we started looking at the Sunland Park Fire Department’s social media page, and quickly realized that there was a lot happening and quickly. And then 2023 ended up being this record deadly year for the area.
It’s shocking that you found a dead person right there in the middle of Sunland Park. Can you tell me more about this person? Were they identified? How long had the person been there? And how could this have been missed by people who live there?
He was later identified as a man from Colombia. [His name was Johan Orozco Martinez, age 36.] He had been there for a couple of days. I’m not joking when I say he was right across the street from the Memorial Pines Cemetery, and near the shoulder of the road. Many cars drive this road, but I think typically people look toward the cemetery, and I guess they didn’t see him because they were looking in the other direction. He was in his 30s and so older than many of the usually young men you see, for instance, crossing through southern Arizona.
Two findings that really stand out to me from your report are the number of women who have died, and how increasingly people are dying within city limits and no longer just in remote areas that are hard to access. I mean, you found a person in the middle of Sunland Park. What’s going on, do you think?
The dynamics of migration are complex. But one thing that seems pretty clear is that the asylum policies in the last few years have led to an increase in some of these deaths, just from people trying to get asylum and being prevented either by metering or by turnbacks. And then feeling they have no choice but to cross through the desert. A lot of people who are crossing are older, they’re women, they’re people with health problems. The demographics, we found, were much different in the El Paso sector than in southern Arizona, with people being older and more than 50 percent of the deaths in 2023 being of women, which is unusual.
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When did the deaths start increasing? And has the increasing militarization of the border and Operation Lone Star in El Paso contributed to these deaths?
Up until 2015, there were very few deaths in this area. But especially since 2018, the deaths have just been ramping up every single year. We were in New Mexico watching Operation Lone Star soldiers put up a barbed-wire fence between New Mexico and El Paso in an area where a lot of people cross. So once you’re in the United States, even crossing into Texas from the New Mexico side has become more deadly. And you can see National Guard in El Paso patrolling and pushing people back. The more enforcement, the more the deaths increase. In El Paso, there are what I call “moats” because if people climb the border wall, there’s an irrigation canal right on the other side, which at times can be moving very quickly. Then beyond that there’s multiple highways and more canals. So if someone is being chased by Border Patrol or Operation Lone Star, there are multiple deadly obstacles.
In 2022 there was a two-week period when 15 people died in the canals, one right after the other. This was during irrigation season in El Paso. Water is released from a reservoir in New Mexico into the canals and the river to irrigate farmland further east of El Paso. When that happens, the water can be going like 20 miles per hour. Unless somebody physically rescues you, there’s no way of getting out once you’ve fallen in. I watched a news broadcast in El Paso where they made a public service announcement about drowning deaths in El Paso, saying like, “Irrigation season is here, stay away from the canals, watch out for drowning.” But if you read all the autopsy reports, it’s almost all migrants dying. Because the medical examiner doesn’t flag whether it’s a migration-related death, you end up getting these weird statistics about drowning deaths being on the rise in El Paso. And so they’re directing these public safety messages toward El Paso residents who are actually in very little danger of drowning. And the people who are in danger of drowning, the migrants, have no idea.
Did you also find an increase in the deaths of children?
Definitely, yes. In 2018, two eight-year-old Guatemalan kids died. There’s a lot of teenagers dying, crossing the border wall, a lot of them drowning in El Paso city itself. For instance, there was a Russian man and his teenage daughter who both fell into a canal and drowned. They were running from Border Patrol agents. I believe that happened in 2021. We saw fewer deaths of younger people in New Mexico.
You also found that Customs and Border Protection is significantly undercounting deaths related to enforcement. Can you talk about this finding?
CBP is supposed to keep track of migrant deaths and CBP enforcement-related deaths, but we found that the agency is severely undercounting them. There’s been a lot of documentation in the past, talking about that fact, but there hasn’t been a whole lot of quantifying that undercount. Aside from the Arizona data that the Pima County Office of the Medical Examiner and Humane Borders have reported. For example, in one year we found 39 deaths, while CBP reported only 10 deaths.
We looked at investigator reports and so we were able to read the narratives, and learn circumstances around the deaths. We were able to see if someone was chased by Border Patrol, either on foot or by vehicle, or if they died in Border Patrol custody. We found that Border Patrol had tried to underplay some of these deaths.
We found that 15 percent of all migrant deaths in the El Paso sector were caused directly by Border Patrol due to chases or use of force, also due to custody deaths, or falls from the border wall. Humane Borders doesn’t track deaths related to Border Patrol enforcement. So this is the first instance that I’m aware of, where we are able to quantify the CBP undercount of Border Patrol-related deaths.
For 2022, for instance, we found 16 deaths that should have been reported by CBP as CBP-related deaths. CBP had only reported six of those deaths. Of the 16 we found, I think it’s still an undercount, because a lot of the investigative reports use vague or passive language about a person “jumping into the canal,” for instance. So you don’t know if the person was actually chased. So we only included cases where it’s very explicit.
What surprised you most in working on this report?
It’s really just shocking how close to help a lot of people died. I’m used to southern Arizona, where the terrain and trails are very remote. But we found people dying across the street from the cemetery, people dying a short walk from the Dollar General store. We’ve had this narrative of “prevention through deterrence” for the last few decades, which has pushed people away from cities into remote areas where they’re more prone to dying from heat exposure or something else. But now the border is militarized to the point where even Sunland Park, this suburb of El Paso, can be as deadly as the middle of nowhere in southern Arizona.
Last June, for instance, something like 40 percent more people died in Doña Ana County in New Mexico than the entire state of Arizona. Most of these deaths were close to the highway or close to a town. It’s a dynamic that has not really been studied. And the fact that it’s been happening for years without anybody really noticing is really scary.
With these findings, are No More Deaths and other humanitarian groups mobilizing to do search-and-rescue and water drops in this area?
Like Texas, much of the land in New Mexico where people are dying is privately owned land, so it’s difficult to access for humanitarian groups.
We’ve been going there about once a month for the past year to try to organize some support. There’s a group that doesn’t have a name yet that we’ve started to work with, that’s putting out water in some of these areas. There’s another group from southern Arizona that has moved over to New Mexico to search for remains in the desert.
We’re hoping the news will spread and that others will join to help. We have some money to help out some groups that are forming. We’re really hoping that groups will form on their own for search-and-rescue and putting out water. Because right now, Border Patrol is the only game in town if you call 911 as a migrant. And Border Patrol has a horrible track record of actually helping anybody.
To get involved, learn more, or support humanitarian efforts, contact No More Deaths here.
A complete lack of accountability for the misguided politicos and bureaucrats who are dishonestly pushing these immoral and ineffective policies without “owning up” to both the known deadly consequences and the lack of long-term “deterrent” value (even assuming, as I do not, that effective deterrence could justify immoral and illegal policies) of the actions they are touting; and
A complete abdication of professional journalistic standardsand performance from the many members of the so-called “mainstream media” who fail to include in each report on draconian “border control” proposals and “policies” the deadly, well-documented human consequences of those policies and who provide a toxic forum for politicos and supposed “pundits” spouting myths andnativist propaganda about “border enforcement,” without presenting experts like Melissa, Todd Miller and many others who have actual experience with the unending trauma and futility caused by our current misguided, often flatly illegal, and clearly immoral approach to “border enforcement.”
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