TIME TO RECOGNIZE THE TRUTH: UNDOCUMENTED RESIDENTS ARE KEY TO OUR SOCIETY, OUR RECOVERY, & OUR FUTURE — They Must Be Included In Coronavirus Relief, Says León Krauze @ WashPost:  “Undocumented immigrants are productive members of society who deserve all the care afforded to others.“

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://www.washingtonpost.com/opinions/2020/04/13/undocumented-immigrants-essential-us-economy-deserve-federal-help-too/

Krauze writes in the WashPost:

The novel coronavirus has been particularly harsh on immigrants. After facing years of harassment and persecution from the Trump administration, the 11 million undocumented immigrants living in the United States have now been left unprotected, unable to receive aid from the government’s historic stimulus package, even though they pay billions of dollars in taxes every year

Local and state officials, especially those in immigrant-friendly states such as California, are scrambling to find a way to help their undocumented communities, but it might not be enough. Without appropriate federal support, prompt access to more effective unemployment benefits or paid sick leave for those in need, many communities could be devastated. Left with the agonizing decision of going to work in the midst of a pandemic that requires strict limits on public movement or see their livelihood disappear, many undocumented people are already risking their health.

[Full coverage of the coronavirus pandemic]

This is a travesty. Undocumented immigrants are productive members of society who deserve all the care afforded to others.Even this administration has deemed workers who harvest and process the country’s food supply as essential, asking them to keep their “normal work schedule” during the crisis. “It’s like suddenly they realized we are here contributing,” Nancy Silva, an immigrant from Mexico who works in the fields of Southern California, told the New York Times. “Contributing” is an understatement. The immigrant workforce is critical for a significant number of industries in the United States.

In June, I interviewed John Rosenow, a Wisconsin dairy farmer who has relied on Mexican immigrants for years. “Our industry doesn’t exist without immigrant labor,” he told me. “Eighty percent of the milk in Wisconsin is harvested by immigrants. If you took the immigrants away, way over half of the farms would go out of business.” Wisconsin’s dairy industry is not alone in its dependence on immigrant labor. Indeed, almost 20 percent of food processing workers and more than 36 percent of agricultural workers are undocumented. The health-care industry relies heavily on immigrants as well,as do the country’s construction and service businesses.

. . . .

Martínez worries that a protracted economic crisis could worsen the nativist backlash against immigration. “If things continue this way,” he said, “we could see further restrictions on work or entrepreneur visas, no matter the obvious contributions we all make to the economy.”

The United States will be worse for it, both morally and economically.

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

Read the complete op-ed at the link.

The well-being of the United States as a whole has never been a part of the Trump agenda. Nor is it for the White Nationalist restrictionists who promote his immigration agenda. Their agenda is based largely on racist myths and preconceived false narratives about the dangers of the “other.” 

But, in any emergency creating an economic downturn there will be a race to find “scapegoats.” Indeed, essentially “caught red-handed and in full view in failure,” Trump is desperately looking to shift the blame elsewhere for his Administration’s poor initial response and lack of planning. “With great power comes no responsibility” could be his motto. 

The nativists are already toting out their shopworn arguments that the pandemic should be an excuse and justification for yet harsher and more restrictive immigration measures. The rest of us need to fight back against their counterproductive nonsense.

PWS

04-14-20

“BEYOND REASONABLE DOUBT” —  Michael Gerson @ WashPost Says Evidence Proves Trump’s “Deadly Negligence” In Face of Pandemic!

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/04/13/trumps-deadly-negligence-is-now-demonstrated-beyond-reasonable-doubt/

Michael Gerson writes in the WashPost:

Those who complain about the media’s relentless focus on President Trump during a pandemic have yet to internalize the horrendous reality of his pandemic response: Trump’s failures of leadership and character have increased the death toll and continue to threaten lives.

For me, that is a difficult sentence to write. Having spent time in the executive branch, I realize how complicated presidential decisions can be. America’s chief executives are often forced to make momentous choices, based on scant information, under the pressure of a ticking clock. It is easier to attack such decisions than to make them.

But the fact of Trump’s deadly negligence is now demonstrated beyond reasonable doubt. Detailed investigative articles in The Post and New York Times have established that there were six weeks of denial and dithering between a credible warning about the virus and decisive action by the president. It is now evident that Trump:

• ignored early intelligence reports of a possible pandemic;
• delayed the ramp up of practical preparations;
• was often more focused on political considerations, on the news cycle and on stock market performance than on epidemiological reality;
• deceptively played down what he knew to be a rising threat;
• coddled China when it should have been confronted;
• instinctively distrusted experts and seemed unable to absorb simple information and sound advice;
• lashed out at aides who took the crisis seriously;
• shifted reluctantly and belatedly from a strategy of containment to mitigation;
• is strangely obsessed with unproven treatments for the novel coronavirus; and
• has systemically lied about the promptness of his own response.

These accounts reveal a White House staffed by incompetent loyalists, distracted by turnover and riven by feuds. A White House carefully pruned and shaped to resemble the chaos in Trump’s mind.

[Full coverage of the coronavirus pandemic]

I urge you to read the articles themselves. In this case, it is a duty of informed citizenship. Americans need to understand the epic smallness of our president in times that demanded something more.

The tension between National Institute of Allergy and Infectious Diseases director Anthony S. Fauci and President Trump has been simmering for weeks. (Monica Akhtar/The Washington Post)

All this is bad enough. But our interest, unfortunately, should not be merely forensic. Trump draws bitterness and resentment out of his experience of the world. He does not draw lessons or wisdom. And he remains just as dangerous to public health on the back side of the curve as he was on the front.

. . . .

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

Read the complete op-ed at the link.

“Deadly negligence,” “ malicious incompetence,” “criminal recklessness” — call it what you will, there is more than ample proof that Trump is unqualified in every imaginable way for the office he holds.

Of course, Trump will remain a danger to our national health, safety, and welfare. He has neither the capacity for nor interest in anything beyond himself.

PWS

04-14-20

MIGRANTS, REGARDLESS OF STATUS, ARE ESSENTIAL TO OUR SOCIETY & OUR RECOVERY AS A NATION – Excluding Them From Pandemic Relief Is Counterproductive

Javier H. Valdes
Javier H. Valdes
Co-Director
Make the Road NY
Nedia Morsy
Nedia Morsy
Organizing Director
Make the Road NJ

 

https://apple.news/AZ3raIrMIQX2JtEjfdMbJRw

 

Javier H. Valdés & Nedia Morsy write in the NY Daily News:

 

Immigrants are on the front lines of the COVID-19 pandemic, but they’re being left out of the federal government’s solutions.

Immigrants are our delivery workers, grocery-store and warehouse workers, nurses, janitors and more. They make up more than 50% of the city’s frontline workers. Many don’t have the luxury of working remotely; millions are going to work, putting themselves at risk to provide others with food, basic necessities and care.

Few employers provide adequate protective materials or protocols to reduce risk to workers. Amazon workers on Staten Island, many of them immigrants, have walked off the job because the company failed to provide safe working conditions despite confirmed COVID-19 cases on-site. Employees at another company’s New Jersey warehouse were told to report to work and were not given adequate protective gear, before being unlawfully told they could not take paid sick days. They continue working in a tinderbox of potential infection.

Meanwhile, other immigrants have been devastated by joblessness. Unemployment has disproportionately hit Hispanic and immigrant communities. In New York City, where a CUNY study found 29% of households have at least one newly jobless person in this crisis, the figure for Hispanic households is 41%.

Immigrant communities have also been hit hardest by the virus itself, with communities like Corona, Queens and the South Bronx reporting the highest death tolls.

We hear daily from desperate workers who have lost their jobs, but, because they are undocumented, are ineligible for unemployment insurance. And they don’t have enough savings to pay rent.

Take Alejandra, a pregnant Long Island mother, who, until last month, worked a minimum-wage factory job. She was laid off and doesn’t know how she will pay her bills. Since her health insurance was through work, she also faces the uncertainty of getting through her pregnancy uninsured.

So far, the Trump administration and Congress have mostly excluded immigrants like Alejandra from relief. The cash assistance passed in the third stimulus bill, the CARES Act, excludes Individual Taxpayer Identification Number filers, a tax status many undocumented immigrants use. Many of the millions of children and spouses of ITIN holders will also be ineligible, even if they are U.S. citizens.

. . . .

 

Having already prioritized the Trump administration’s enormous slush fund for Wall Street, Congress must advance a just recovery package that puts people first, regardless of immigration status. That means immediate, recurring cash payments and unemployment insurance for all. It means testing and treatment for all. It means worker safety provisions and paid sick leave for all. It means a rent freeze so families have safe spaces to self-quarantine. And it means releasing people from jails, prisons and detention centers at grave risk.

While state and local governments must also respond quickly and prioritize the most vulnerable, only Washington can ensure recovery at the necessary scale.

We need a recovery package that goes directly to working-class and low-income people and includes everyone. If we leave immigrants behind, everyone will suffer.

Valdés* is the co-executive director of Make the Road New York. Morsy is the organizing director of Make the Road New Jersey.*

 

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

 

Read the complete article at the link.

The GOP Right’s view of who is “critical” or “essential” to society has been wrong from the git go. Indeed, the many undocumented workers laboring in our food supply chain have proved to be essential to our survival. In fact, they always have been essential. The pandemic and ensuing crisis has just made the truth more obvious.

But, don’t expect the dose of reality dished out by the pandemic to change GOP dogma going forward. Policies driven largely by racism, classism, and the desire to maintain disproportionate power have always dealt in myths, rather than facts, anyway.  That makes them largely “factproof.”

It will be up to the rest of us, working together and cooperatively, to build a fairer, juster, more humane, better nation “on the other side” of the current crisis.

Join the New Due Process Army & Fight For a Just America For Everyone!

PWS

 

04-11-20

SUPREMES’ DISINGENUOUS ENABLING OF REGIME’S ILLEGAL & DANGEROUS WHITE NATIONALIST ANTI-IMMIGRANT AGENDA AIMED AT TERRORIZING COMMUNITIES OF COLOR WILL HELP SPREAD THE PANDEMIC — BONUS COVERAGE: My Latest Mini-Essay: “SUPREME COMPLICITY SPELLS SUPREME DANGER FOR ALL AMERICANS” ☠️☠️☠️☠️☠️👎🏻

Maanvi Singh
Maanvi Singh
Freelance Reporter

https://www.theguardian.com/world/2020/mar/29/i-have-a-broken-heart-trump-policy-has-immigrants-backing-away-from-healthcare-amid-crisis?CMP=Share_iOSApp_Other

Maanvi Singh reports for The Guardian:

As the coronavirus spread through California and the economic fallout of the pandemic began to hit Patricia’s community in the rural Coachella Valley, she said a new Trump administration policy had layered worries upon her worries.

The so-called “public charge” rule, which allows the government to deny green cards and visas to immigrants who rely on public benefits, went into effect in late February, just as the first cases of Covid-19 were being reported across the US.

“Now, we are in panic,” said Patricia, a 46-year-old mother of three and daughter of two elderly parents. The Guardian is not using Patricia’s real name to protect her and her undocumented family members.

Patricia’s father, who stopped seeking treatment for his pancreatic cancer after a lawyer advised that using some public medical benefits could affect his bid to gain legal status, is among the most at-risk for complications from contracting the coronavirus. So is her mother, who is diabetic.

“I have a broken heart,” she said. “We’ve been told that if we want papers to feel secure and calm here, there’s a tradeoff.”

‘I won’t survive’: Iranian scientist in US detention says Ice will let Covid-19 kill many

Although the US Citizenship and Immigration Services last week announced under pressure from lawmakers and advocacy groups that immigrants who undergo testing or treatment for Covid-19 would not be denied visas or green cards under the new rule, fear and confusion are stopping people from seeking medical care. In the midst of a pandemic, health and legal experts say that policies designed to exclude vulnerable immigrant communities from medical care are fueling a public health disaster.

“The community doesn’t trust the government right now.” said Luz Gallegos, who directs the Todec Legal Center in southern California. As Covid-19 spreads across the state, much of the center’s efforts recently have been dedicated to reassuring immigrants that they can and should take advantage of health programs if they can.

Patricia, who went to Todec for advice, said even though she’s been told that the public charge rule doesn’t apply to those who want to get tested for the coronavirus, she can’t help but worry. “With this president, you can never know,” she said. When immigration policies can change overnight, she said, “how can we have trust?”

Even before the public charge rules went into effect, a UCLA analysis found that more than 2 million Californians enrolled in the state’s public food and medical benefits programs could be affected by the rule, which allows immigration officials to turn away those seeking green cards and visas based on who are “likely to be a public charge”.

“We can’t stop the spread of disease while denying health coverage to people,” said Ninez Ponce, director of the UCLA Center for Health Policy Research. “It’s irresponsible public health policy.”

Although several groups of immigrants, including asylum-seekers and refugees, are exempt from the rule, the complicated, 217-page regulation has a “chilling effect”, Ponce said, driving people to withdraw from social services even if they don’t have to.

. . . .

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

Read the rest of Maanvi’s report at the link.

SUPREME COMPLICITY SPELLS SUPREME DANGER FOR ALL AMERICANS

By Paul Wickham Schmidt

Exclusive for Courtside

April 3, 2020

So, let’s be clear about what happened here with the so-called public charge regulations. The expert public commentary opposing this unlawful and unnecessary (i/o/w “stupid and malicious”) change in the regulations was overwhelming. 

The vast bulk of the 266,077 public comments received were in opposition!https://immigrationcourtside.com/2019/12/06/complicit-9th-circuit-judges-continue-to-coddle-trump-this-time-legal-immigrants-are-the-victims-of-trumps-judicially-enabled-white-nationalist-agenda-judges-jay-bybee-sandra-i/

Support for the change outside of White Nationalist nativist “fringies” was negligible and had no basis in fact.

The Administration’s rationale, sacrificing health and welfare and screwing immigrants for some small fabricated savings that failed to consider the offsetting harm to the public and individuals, was facially absurd. 

A U.S. District Judge in New York immediately and properly found the regulation change to be unlawful and enjoined it. The Second Circuit upheld that injunction. https://immigrationcourtside.com/2020/01/08/finally-an-appeals-court-with-some-guts-2d-circuit-stands-up-to-regime-on-public-charge-injunction/

In the meantime, however, Appellate Judges in the 9th and 4th Circuits had gone “belly up” for Trump. https://immigrationcourtside.com/2019/12/10/complicit-court-update-4th-circuit-joins-9th-in-tanking-for-trump-on-public-charge-rule-judges-harvie-wilkinson-paul-niemeyer-go-belly-up-for-trump-while-judge-pame/

Trump Solicitor General Francisco fabricated an “emergency” reason for the Supremes to intervene in a process that was ongoing before the District Court in New York. The “J.R. Five” voted to be Francisco’s toadies and stay the injunction. The other justices voted to uphold the injunction and require the Trump regime to abide by the law and normal judicial procedures. https://immigrationcourtside.com/2020/02/15/linda-greenhouse-nyt-supremely-complicit-meanness-has-become-a-means-to-the-end-of-our-republic-for-j-r-his-gop-judicial-activists-on-the-supremes-what-if-they-had-to-wal/

The J.R. Five’s “toadyism for Trump” was so obvious that in a later related case Justice Sonia Sotomayor took the unusual step of filing a sharply worded dissent “outing” her colleagues for consistently “tilting” the process in favor of one party — Trump. https://immigrationcourtside.com/2020/02/22/complicity-watch-justice-sonia-sotomayor-calls-out-men-in-black-for-perverting-rules-to-advance-trump-miller-white-nationalist-nativist-immigration-agenda/

Then, the “real emergency” (as opposed to Francisco’s fabricated one) predicted by the health officials who had opposed the regulation change occurred. Now, immigrant families who often form the backbone of our “essential workforce” are at risk and they, in turn, will unavoidably spread the risk. Americans, citizens, residents, documented, undocumented, will unnecessarily die because the J.R. Five were derelict in their duties. 

The truth is very straightforward: “The coronavirus pandemic is ‘Exhibit A for why the public charge rule is stupid’ said Almas Sayeed, at the California Immigrant Policy Center.” Apparently, “Exhibit A” was too deep for the “J.R. Five” to grasp. 

The Constitution actually doesn’t enable the Executive to promulgate irrational policies that contradict both the best science and endanger the public health and welfare to achieve openly racist and xenophobic political goals. “Stupidity based on racism and ignorance” has no place in our Federal Government. 

As Mark Joseph Stern so clearly said in Slate:

Put simply: When some of the most despised and powerless among us ask the Supreme Court to spare their lives, the conservative justices turn a cold shoulder. When the Trump administration demands permission to implement some cruel, nativist, and potentially unlawful immigration restrictions, the conservatives bend over backward to give it everything it wants.

COMPLICITY WATCH: Justice Sonia Sotomayor Calls Out “Men In Black” For Perverting Rules To Advance Trump/Miller White Nationalist Nativist Immigration Agenda!

“Stupid” actually means “illegal” in this and most other cases. That such an an obvious concept is over the heads of the ideologically biased “J.R. Five” should give us all great pause. The next time these folks decide to elevate the “stupid” and the “racist” over “rational, legal, and humane,” it could be YOUR life and future going down their drain.

If we continue to empower a regime that elevates poorly qualified individuals who have lost any sense of human values and common decency they might have possessed to life tenure in the highest courts of our land, there will be no end to the avoidable human disasters, unnecessary suffering, and tragedies that will ensue. 

We need regime change in November! That won’t change the composition and qualifications of the Federal Judiciary overnight. But, it will be an absolutely necessary start toward a Government and a judiciary that understand and respect the Constitution, the rule of law, and the individual rights and human dignity of all persons before our laws. In other words, due process and equal justice for all.

Vote like you life depends on it. Because, it does!

Due Process Forever! Complicit Courts Never!

PWS

03-30-20

LEFT OUT IN THE COLD: Analysis By Nicole Narea @ VOX Shows How Millions Of Tax Paying Migrants, Many Performing Essential Services & With U.S. Citizen Kids, Have Been Excluded From Pandemic Relief — Fed Official Says Everyone Should Be Included in Stimulus! 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/Ae8uHwJYRQUm2xAC1CUtbOQ

Nicole writes:

President Donald Trump signed a $2 trillion coronavirus relief bill last week that promises to mitigate the impact of the crisis on workers — but it leaves out many immigrants.

The bill, known as the CARES Act, delivers direct payments to most taxpayers, vastly expands unemployment benefits, and makes testing for the virus free, among other provisions. But although unauthorized immigrants are no more immune from the effects of the current crisis, the stimulus bill conspicuously leaves them out in the cold — potentially putting them at greater economic and health risk, and impeding public health efforts to stop the spread of coronavirus.

The unauthorized worker population is particularly vulnerable to the virus due to inadequate access to health care. Noncitizens are significantly more likely to be uninsured compared to US citizens, which may dissuade them from seeking medical care if they contract the virus. Compounding matters are the Trump administration’s hardline immigration policies — including wide-scale immigration raids and a rule that can penalize green card applicants for using Medicaid — which have made noncitizens afraid to access care. These factors pose a problem for America’s efforts to slow the spread of the virus, which has killed more than 3,400 in the US as of March 31.

“We’re operating in an environment where we’re constantly having to reassure patients that they can access services,” Jim Mangia, CEO and president of St. John’s Well Child and Family Center — a network of community health centers in the Los Angeles area that serve about 32,000 undocumented immigrants annually — said in a press call. “It’s a constant struggle and in the midst of a pandemic, it’s even more difficult and more dangerous.”

While many immigrants are continuing to work in essential fields, ranging from medical care to cleaning to grocery stores, they may take an economic hit like many other workers who are facing layoffs, furloughs, and pay cuts. And absent financial relief for the population of unauthorized immigrants workers in particular, many may try to continue going to work despite public health warnings to stay home, which could further spread the virus and pose a risk to public health.

“Those who cannot obtain relief are likely to continue going out and trying to earn a living, at the risk of themselves and spreading the virus to others,” Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Institute, told Vox. “The cost of providing this benefit to them has to be weighed against the need to keep up the restrictions to stop the virus spread.”

Immigrants are eligible for some free testing

Here’s one thing the bill does offer to unauthorized immigrants: free coronavirus testing at government-funded community health centers through a $1 billion federal program. But some community health centers have already reported shortages of tests; Mangia said St. John’s only had 39 tests last week when almost 900 patients presented with symptoms of Covid-19, the illness caused by the novel coronavirus.

. . . .

Many immigrants won’t receive cash-based benefits

But the centerpiece provisions of the bill — the expanded unemployment benefits and up to $1,200 in cash payments to taxpayers — won’t be accessible to millions of immigrants.

“Immigrant workers and families who are paying taxes have been cut out from receiving a single dollar,” Marielena Hincapié, executive director of the National Immigration Law Center, said in a statement.

The bill increases unemployment benefits by $600 for all workers for up to four months, on top of what they would get from unemployment insurance. As my colleague Dylan Matthews writes, this is a huge increase from January, when the average UI check was $385 per week.

But only immigrants who can show that they’re authorized to work in the US can file for unemployment, including green card and temporary visa holders. For visa holders who have been laid off during the crisis, they will only be eligible for unemployment for as long as their visa stays valid. That’s a period of 60 days for those on H-1B skilled worker visas, unless they find another job in that time — an unlikely prospect given that many businesses have already instituted hiring freezes.

Only some states, including California and Texas, allow beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program, which offers work permits to some 700,000 unauthorized immigrants who came to the US as children, to file for unemployment. Unauthorized immigrant workers more broadly — who number some 7.6 million, according to the Pew Research Center — are also typically ineligible for unemployment, but policies differ by state.

Under the stimulus bill, the government will also start sending out checks to most taxpayers starting in April. The amounts range based on income, but they’re phased out for individuals making more than $99,000 and couples making $198,000.

Only immigrants who have Social Security numbers can receive those checks, including green card holders and “resident aliens” who have lived in the US long enough (usually five years) to file taxes as residents. Temporary visa holders, DACA recipients, and beneficiaries of Temporary Protected Status — which the US has historically offered to citizens of countries suffering from catastrophes such as natural disasters or armed conflict — could therefore qualify.

But there is a big exclusion for those in households with people of mixed immigration status, where some tax filers or their children may use what’s called an Individual Taxpayer Identification Number (ITIN).

The IRS issues ITINs to unauthorized immigrants so they can pay taxes, even though they don’t have a Social Security number. If anyone in the household uses an ITIN — either a spouse or a dependent child — that means no one in the household will qualify for the stimulus checks, unless one spouse served in the military in 2019.

The stipulation could impact an estimated 16.7 million people who live in mixed-status households nationwide, including 8.2 million US-born or naturalized citizens.

This also includes those with deportation protections under the Obama-era DACA program, children and young adults whose parents often don’t have legal status. They’re left wondering how they can help support their families so that their parents don’t have to go to work, where they risk getting sick, and how they can help cover the costs of their parents’ medical care should they need it, Sanaa Abrar, advocacy director at the immigrant advocacy group United We Dream, told Vox.

“With the national health crisis and what’s becoming a national unemployment crisis, folks are concerned about how they’re not only going to stay healthy and safe but also how they’re going to keep their jobs and how they’re going to find means of financial support,” she said.

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

Read Nicole’s complete analysis at the link.

Meanwhile, Eric Rosengren, the President of the Boston Fed, writing in the Wall Street Journal, also says that it is a mistake from an economic standpoint to leave anybody behind in the stimulus.

Eric Rosengren
Eric Rosengren
President
Boston Federal Reserve

https://apple.news/AzvF-kikaSuiTxFGVV_3nnA

. . . .

Mr. Rosengren spoke separately Wednesday in a speech delivered by video in which he underscored the importance of focusing federal resources on the most vulnerable households.

“We are all being challenged right now, but our legacy can be that we rose to the challenge and kept a focus on the vulnerable, those with low and moderate income, and those whose livelihoods operate on the thinnest of margins,” Mr. Rosengren said in the text of a speech to be given by video in Boston.

. . . .

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

Read the complete article at the link.

Thanks, Nicole, for your outstanding analysis of a critical, largely “below the radar screen” issue that potentially threatens everyone’s health and welfare.

So, policies that exclude American families and workers based on status both endanger our public health and threaten our economic recovery.  The cruel, xenophobic, irrational White Nationalist polices of the Trump regime actually threaten both our present and our future. Can’t do much worse than that!

PWS

04-01-20

LEADING IMMIGRATION EXPERTS CALL FOR CLOSING COURTS, RELEASING KIDS! – Professors Stephen Yale-Loehr, Jaclyn Kelly-Widmer, and Laila Hlass Speak Out!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law
Jaclyn Kelley-Widmer
Jaclyn Kelley-Widmer
Assistant Clinical Professor
Cornell Law

Here are Steve, my long-time friend, and his amazing colleague Jakki,, both now at Cornell Law, on court closings from the NY Post:

 

https://www.nydailynews.com/opinion/ny-oped-close-immigration-courts-now-20200331-sgriwv4yqzaadd6xoyjgpvbjja-story.html

 

CORONAVIRUS UPDATES: THE LATEST IMPORTANT DEVELOPMENTS

ADVERTISEMENT

Close immigration courts now: A coronavirus necessity to protect public health

By STEPHEN YALE-LOEHR and JACLYN KELLEY-WIDMER

NEW YORK DAILY NEWS 

MAR 31, 2020  1:36 PM

In this Nov. 15, 2019, file photo, a detainee talks on the phone in his pod at the Stewart Detention Center in Lumpkin, Ga. While much of daily life has ground to a halt to reduce the spread of the coronavirus, the Trump administration is resisting calls from immigration judges and attorneys to stop in-person hearings and shutter all immigration courts. They say the most pressing hearings can still be done by phone so immigrants aren’t stuck in detention indefinitely.(David Goldman/AP)Imagine you’re an immigration lawyer. You have a case scheduled for trial in immigration court, but you’ve got a cough, a sore throat and shortness of breath. In normal times, you probably would have gone to court for the trial. In current times, you’re worried. We all know what those symptoms mean.

You call your doctor, who tells you that you’re displaying symptoms consistent with COVID-19. The doctor recommends that you self-quarantine.

Your immigrant client is detained by Immigration and Customs Enforcement (ICE) and counting on you to present their asylum case. You’ve been preparing for months. Your client’s ability to avoid being deported to a country where they face torture or death depends on your performance.

Even though most courts around the country are closed in response to the pandemic, your court date is still on. The Justice Department is keeping its detained immigration courts open, ignoring joint letters from the National Association of Immigration Judges, the American Immigration Lawyers Association and the union representing ICE attorneys calling for a shutdown during the pandemic.

As of your trial date, you haven’t been able to meet with your client in person to prepare for at least two weeks. At the time, ICE wouldn’t let you use your regular attorney visit rooms due to disease risk, so you were stuck waiting in line for the one glass-partitioned attorney room at the detention center. You never got to the front of the line for the room, so you were only able to talk to your client through glass and on the telephone.

[More Opinion] NYC’s transit strike, 40 years later: Learning from a seminal moment in American labor history 

Then ICE issued a new directive on March 21 requiring all attorneys to bring their own gloves, mask and eye protection for contact visits with clients. Your office doesn’t have any of this gear. Even if you could get protective gear, you wouldn’t take it away from the medical professionals who truly need it.

Despite all of this, you hope the immigration judge will sympathize with your predicament. You file a motion asking for more time to better represent your client after all of this is over. You cite your own illness, your inability to meet with your client to prepare, and local and national public health warnings.

Despite your objections, the immigration judge proceeds with your client’s asylum trial. The judge gives you the choice of abandoning your client to face the fight of his life by himself or proceeding as his attorney via telephone. Reluctantly, you find a folding table to put your file on and try the case from your couch, unable to see or communicate privately with your client. You cannot see anything that is happening in court.

[More Opinion] The fever last time: Time to repeal the Assembly’s shameful expulsion of five Socialists 

All you know is that the immigration judge, ICE prosecutor and interpreter are there.

 

. . . .

 

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

Read the rest of the article at the above link.

 

And here’s my good friend and former Georgetown Law colleague Leila, now at Tulane Law, with her plea in Slate for some sanity and humanity on unnecessary and demonstrably harmful and dangerous continued incarceration of children in DHS’s “New American Gulag.”

Professor Laila L. Hlass
Professor Laila L. Hlass
Tulane Law

https://slate.com/news-and-politics/2020/03/coronavirus-immigrant-children-detention.html

 

With nearly 3,000 deaths and more than 160,000 infected by COVID-19 in the United States, it’s clear no one will be spared from impacts of the pandemic. In the past week, four children in immigration detention and seven employees of the Office of Refugee Resettlement who work in children’s detention facilities in New Jersey and Texas tested positive for the virus. Doctors working with detained immigrants have warned members of Congress that immigrant detention centers pose a “tinderbox scenario,” where social distancing precautions are impossible.

Two separate lawsuits are asking federal courts to force the release of unaccompanied children as well as families in immigrant detention, citing the grave health risks of contracting the coronavirus and spreading the disease. These risks are particularly serious because of the confluence of factors in family detention centers: crowded quarters, limited cleaning supplies, and the influx of new families into the detention centers. While it is understood children are usually less at risk of serious complications from COVID-19, a handful of children in the U.S. with COVID-19 have died in the past few days, and children may be more likely to more rapidly spread the disease.

Instead of a public health–oriented response to COVID-19 in the immigration legal system, we are seeing political opportunism. The Trump administration is using the virus as an excuse to swiftly deport unaccompanied minors at the border, despite laws that require that children be allowed to have their cases heard first by an immigration judge. Similarly, the Department of Justice is defying public health guidelines by forcing judges, attorneys, and immigrants to appear in select immigration courts across the country, despite positive COVID-19 tests from court personnel and risks inherent to crowded courtrooms, in order to continue deportation proceedings.

This mistreatment of children is not new. Before the outbreak, children were finding themselves in an increasingly punishing immigration legal system—where they had been separated from their parents, detained in record-breaking numbers for longer periods of time, and held in shocking and abusive detention conditions, including “dog cage” holding cells without mattresses, overflowing toilets, and frigid temperatures. Children do not have to be held in these conditions; unaccompanied children can and should be released more expeditiously to live with family in the U.S., and children detained with parents could be released as a family unit to pursue their legal case outside of detention.

Detained children have experienced forced hunger, dehydration, and sleeplessness. Holly Cooper, an attorney representing detained children, stated: “In my 22 years of doing visits with children in detention I have never heard of this level of inhumanity.” One 15-year-old boy, detained at the jail-like Shenandoah Valley facility, wrote “I want us to be treated as human beings.”

As a law professor and immigration attorney for more than a decade, I have seen firsthand how the immigration system mistreats children. In a recent law journal article, I argue adultification bias can help explain the mistreatment of immigrant children, who are largely teenagers of color. Adultification is the phenomenon whereby children of color are perceived as more adultlike and therefore less innocent than white peers. Adultification has created systemic harm for children of color within public systems like educationjuvenile justice, and child welfare. In particular, the disproportionate rates of arrests, adjudications, and sentencing for children of color within the juvenile justice system has been studied closely.

Immigration laws were not designed to protect children. In fact, only a few areas of the law consider the special circumstances of children. The Flores settlement sets minimum standards for detaining minors, limited to children under 18. Under Flores, children should be released as soon as possible to family, when feasible. Furthermore, the Office of Refugee Resettlement, not U.S. Immigration and Customs Enforcement, is tasked with the custody of detained unaccompanied minors. According to legislative history, this is because ORR, under the Department of Health and Human Services, has more expertise in child care. Another child-focused measure is the Trafficking Victims Protection Reauthorization Act of 2008, or TVPRA, which expands legal protections for children including in the areas of asylum law and special immigrant juvenile status, a pathway to legal permanent residence and citizenship available for some children. Lastly, the government has issued guidelines for children’s cases to improve immigration court procedures.

. . . .

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

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

“Adultifiation,” “Adjudication Bias,” “Dred Scottification,” “dehumanization,” it’s all pretty much the same thing. As human beings, we must ask ourselves every day why have we empowered the cowardly bullies of the Trump regime to commit what are essentially “crimes against humanity” against the most vulnerable among us, their courageous representatives (about the only folks in the country brave enough to stand up for all of our Constitutional and human rights), and even their own employees? Compare their brave performance with the complicity of many Federal Judges, all the way up to the Supremes, and many legislators who stand by and watch these preventable and outrageous human and legal disasters occur, yet do nothing to stop them!

Why do we have the best and brightest legal and public health minds in the country pleading with the regime to take straightforward, common sense, prudent steps that even a minimally competent government would have taken long before now? How have we allowed the kakistocracy and the wanton cruelty and “malicious incompetence” they inflict on almost everything they touch become the “face of America?”

Due Process Forever! Vote Like YOUR Life Depends On It This November; Because It Does!

PWS

04-01-20

 

WASHPOST:  TENS OF THOUSANDS OF DACA RECIPIENTS SERVE ON THE FRONT LINES OF OUR PANDEMIC RESPONSE — Trump & His Supremes Add Insult To Injury! — America’s New “Dred Scottifyers”

From the WashPost Editorial Board:

https://www.washingtonpost.com/opinions/thousands-of-health-care-workers-are-at-risk-of-being-deported-trump-could-save-them/2020/03/30/834b533a-72ae-11ea-87da-77a8136c1a6d_story.html

BEFORE DAWN on Saturday morning, Aldo Martinez, a paramedic in Fort Myers, Fla., responded with his ambulance crew to a man who, having just been diagnosed with covid-19, was having a panic attack. The man didn’t know that Mr. Martinez, 26 years old, is an undocumented immigrant; nor that he is a “dreamer”; nor that his temporary work permit under an Obama-era program has been targeted by President Trump.

The covid-19 patient was not aware that Mr. Martinez’s ability to remain in the United States, as he has since his parents brought him here from Mexico at age 12, now hangs in the balance as the Supreme Court weighs the future of Deferred Action for Childhood Arrivals, the program known as DACA. What the man did know was that Mr. Martinez, calm and competent, spent 45 minutes helping to soothe him, explaining the risks and symptoms and how to manage them.

[[Full coverage of the coronavirus pandemic]]

Some 27,000 dreamers are health-care workers; some, like Mr. Martinez, are on the front lines, grappling with a deadly pandemic. They are doctors, nurses, intensive care unit staff and EMTs trained to respond quickly to accidents, traumas and an array of other urgent medical needs.

Until now, because of DACA, they have been shielded from deportation and allowed to work legally. Their time may be running out.

The Supreme Court heard oral arguments in the fall on the Trump administration’s attempt to rescind the program; it is expected to rule in the coming months. If, as appears likely, the court’s conservative majority sides with the administration, Mr. Martinez and thousands of other health-care workers would lose their work permits and jobs, and face the threat of deportation. So would another 700,000 DACA recipients — food prep workers, teachers and tutors, government employees, and students, including those enrolled in medical programs.

That would be catastrophic, and not just for the dreamers themselves, young people in their 20s and 30s who have grown up here. It would also be catastrophic for the United States.

Mr. Trump could halt the threat to dreamers with the stroke of a pen, by issuing an executive order. He has referred to DACA recipients as “some absolutely incredible kids” and promised that they “shouldn’t be very worried” owing to his “big heart.” But, so far, he has taken every possible step to chase them out, and his administration has made clear that if it prevails in the Supreme Court, dreamers will be subject to deportation.

That would give Mr. Martinez about four months. His current DACA status expires Aug. 5, and it would probably not be renewable if the administration prevails.

[[The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.]]

“I don’t want people thanking me because I expose myself to covid — I’m not here for the glamour of it,” Mr. Martinez told us. “The principle is when people are having an emergency, they don’t have safety or security — you’re there to provide that for them in a time of need.”

Now it’s a time of need for Mr. Martinez himself, and hundreds of thousands of other dreamers like him. The country needs them as never before. Will Mr. Trump step up to provide them with safety and security?

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

Let’s be clear about responsibility for this unconscionable self-inflicted looming disaster. There was an exceptionally well-justified nationwide injunction in effect against the Trump regime’s lawless attempt to terminate DACA, no “Circuit split,” and absolutely no emergency reason for the Supremes to take the DACA case. None, unless they were going to summarily affirm the lower court injunction. Yet, they went out of their way to intervene in an apparent effort by the “J.R. Five” to advance the regime’s gratuitously cruel and wasteful White Nationalist, racially motivated immigration and anti-human rights agenda. 

At oral argument, although acknowledging the sympathetic circumstances, the GOP Justices showed little genuine concern for the human and legal consequences facing the “Dreamers” if the “J.R. Five,” as most expect them to do, “pull the plug” on these kids. Things like the consequences of loss of work authorization or permission to study and having to live your life in constant fear of arrest and removal seemed to go over the heads of the intentionally tone-deaf and condescending GOP majority. 

At oral argument, Justice Sonia Sotomayor said it very clearly: “This is not about the law,” she said. “This is about our choice to destroy lives.” https://www.nytimes.com/2019/11/12/us/supreme-court-dreamers.html?referringSource=articleShare. Her GOP colleagues, not for the first or last time, appeared anxious to tune out “the truth she spoke” and instead to please the regime’s overlords by unleashing the cruelty and wanton destruction of humanity. 

Ever since their horrible “cop out” in the so-called “Travel Ban cases,” J.R. and his GOP buddies have been enabling a toxically unconstitutional invidiously motivated attack on the due process rights and human dignity of some of America’s most vulnerable “persons.” Often, they bend the normal rules applicable to everyone else “on demand” from “Trump uber-toady” Solicitor General Noel Francisco. They have played a disgraceful and cowardly role in the regime’s, largely successful to date, efforts to “Dred Scottify” and dehumanize the most vulnerable among us. 

As Mark Joseph Stern very cogently said in Slate:

Put simply: When some of the most despised and powerless among us ask the Supreme Court to spare their lives, the conservative justices turn a cold shoulder. When the Trump administration demands permission to implement some cruel, nativist, and potentially unlawful immigration restrictions, the conservatives bend over backward to give it everything it wants. There is nothing “fair and balanced” about the court’s double standard that favors the government over everyone else. And, as Sotomayor implies, this flagrant bias creates the disturbing impression that the Trump administration has a majority of the court in its pocket. 

Life tenure makes these guys effectively unaccountable for their immoral and illegal actions. But, history will not forget where they stood in the face of bigotry, racism, cruelty, and tyranny.

A great democracy deserves and needs better from its life-tenured judiciary. Much better! The necessary shift from kakistocracy to democracy will require “regime change” in both the Executive and the Senate. November must be the starting place if we wish to survive as a democratic republic!

Due Process Forever! Complicit Courts Never!

PWS

03-31-20

FEDERAL JUDGE ORDERS RELEASE OF 10 DETAINEES IN NEW JERSEY BECAUSE OF CORONAVIRUS DANGERS

https://www.npr.org/sections/coronavirus-live-updates/2020/03/27/822348039/federal-judge-orders-10-ice-detainees-released-from-n-j-jails-over-covid-19-conc

Scott Neumann reports for NPR:

A federal judge has ordered the release of 10 people held by U.S. Immigration and Customs Enforcement in New Jersey county jails where COVID-19 has been confirmed, citing chronic medical conditions of the detainees that make them particularly vulnerable to the disease.

Those ordered freed range in age from 31 to 56 years of age and have medical conditions including diabetes, heart disease and obesity, and some with past histories that include pneumonia and smoking. Five were being held at Bergen County Jail, three at Hudson County Jail and the other two at Essex County Jail.

U.S. District Judge Analisa Torres in the Southern District of New York granted a temporary restraining order against the inmates’ continued detention while awaiting removal proceedings, writing: “Each of the jails where a Petitioner is being housed has reported confirmed cases of COVID-19. This includes two detainees and one correctional officer in the Hudson County Jail, one detainee at the Bergen County Jail, and a ‘superior officer’ at the Essex County Jail.”

. . . .

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

Congrats to Brooklyn Defender Services!  The complete article including a copy of the complete decision in available at the link.

Due Process Forever!

PWS

03-30-20

A LITTLE LIGHT IN A TIME OF DARKNESS, AS JUDGE DOLLY GEE ORDERS REGIME TO RELEASE DETAINED KIDS — Four In  “America’s Kiddie Gulag” Have Already Tested Positive For COVID-19!

https://www.nytimes.com/2020/03/29/us/coronavirus-migrant-children-detention-flores.html?referringSource=articleShare

Miriam Jordan reports for The NY Times:

Miriam Jordan
Miriam Jordan, National Immigration Reporter, NY Times

By Miriam Jordan

  • March 29, 2020
    Updated 4:02 a.m. ET

LOS ANGELES — Concerned that thousands of migrant children in federal detention facilities could be in danger of contracting the coronavirus, a federal judge in Los Angeles late on Saturday ordered the government to “make continuous efforts” to release them from custody.

The order from Judge Dolly M. Gee of the United States District Court came after plaintiffs in a long-running case over the detention of migrant children cited reports that four children being held at a federally licensed shelter in New York had tested positive for the virus.

“The threat of irreparable injury to their health and safety is palpable,” the plaintiffs’ lawyers said in their petition, which called for migrant children across the country to be released to outside sponsors within seven days, unless they represent a flight risk.

There are currently about 3,600 children in shelters around the United States operated under license by the federal Office of Refugee Resettlement, and about 3,300 more at three detention facilities for migrant children held in custody with their parents, operated by the Immigration and Customs Enforcement agency.

Advocates for immigrants have tried for decades to limit the government’s ability to detain children apprehended after crossing the border, arguing that it is psychologically harmful, violates their rights and undermines their long-term health.

Now, some say, the coronavirus represents an even more immediate threat.

In addition to the four children who tested positive in New York, at least one child is in quarantine and awaiting results of a test for the virus at a detention facility operated by ICE, according to documents filed with the court.

. . . .

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

Read the rest of Miriam’s report at the above link.

Wow! Dateline 4:02 AM! Miriam is always on the job to make sure we get the latest news! Thanks to her and many other dedicated journalists for shedding some light on the way our regime treats the most vulnerable among us in the time of need!

Pretty shabby that judges under prodding from dedicated members of the New Due Process Army have to order the kakistocracy to “do the right thing.”

Some states and localities are actually doing the right (and smart) things on their own initiative. But, that wouldn’t be DHS or  EOIR under the Trump regime.

PWS

03-29-20

BEWARE AMERICA: TRUMP IS USING HIS STUPID & BUNGLED CORONAVIRUS RESPONSE AS THE “REICHSTAG FIRE” THAT WILL BURN UP OUR CONSTITUTION!

https://www.huffpost.com/entry/trump-coronavirus-borders_n_5e6a530ec5b6dda30fc4be6e

Jessica Schulberg
Jessica Schulberg
Politics & Extremist Groups Reporter
HuffPost

Jessica Schulberg reports for HuffPost:

During his first address to the nation on the global coronavirus pandemic, President Donald Trump characterized COVID-19 as a “foreign virus” while touting his decision to institute travel restrictions with China and announcing plans to close the U.S. to visitors from most of Europe.

Meanwhile, he has been raked by critics — and the markets — for failing to thoroughly explain how the government plans to address the lack of tests and spiking number of cases across the U.S. His administration has for weeks downplayed the threat of the virus, even as experts warned it is on track to spread exponentially.

Trump clearly sees the novel coronavirus as just another foreign invader to keep out — a viewpoint reflected both in his policy proposals and the way he and his administration talk about the virus. This approach is in line with his overarching political strategy of exploiting Americans’ fears to justify racist, nativist policies.

“This is the most aggressive and comprehensive effort to confront a foreign virus in modern history,” Trump said Wednesday about his administration’s response while blaming the European Union for failing to take steps to prevent contagion. Several European countries have fewer cases of coronavirus per capita than the U.S.

It’s not just Trump. Health and Human Services Secretary Alex Azar repeatedly referred to the disease as the “China coronavirus” during a briefing last month. Anti-immigration zealot Rep. Paul Gosar (R-Ariz.) — who is in self-quarantineafter being exposed to coronavirus at the Conservative Political Action Conference in Maryland — has gone out of his way to describe the virus as the “Wuhan virus,” a reference to the location of the first outbreak.

When Gosar’s critics argued that the congressman shouldn’t spread racist stereotypes, Rich Lowry, the editor of the right-wing National Review, wrote an entire column insisting the illness be called the “Wuhan virus.” “China deserves to be connected to the virus that it loosed on the world,” he argued.

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

For those who don’t know the history, the “Reichstag Fire” in 1933 was a pivotal step in the Nazi’s rise to power in Germany. At the time, Hitler blamed Communists. The actual cause of the fire has since been debated by historians: some say the Nazis started it themselves, while others say that it was an accident, or the act of a single arsonist.

Regardless of cause, all agree on the result. Hitler used it as a pretext to eradicate the constitution, punish the opposition, and place draconian authoritarian measures in place using the fiction of “national security.” This eventually led to the Holocaust and a World War that killed approximately 75 million.

Fact is that the coronavirus isn’t “foreign.” Viruses don’t possess or recognize nationality. Nor was it spread in the U.S. primarily by “foreigners.” Most cases initially reached the U.S. through U.S. citizens who took cruises or traveled abroad after the start of the virus abroad had been publicized. 

Mexico, a frequent target of the Trump regime’s racism, has reported fewer than ten confirmed cases of coronavirus, as opposed to over 1,000 in the U.S. The Northern Triangle of Central America also appears to have avoided major outbreaks to date. On the other hand, the illegal and inhumane anti-asylum policies of the regime, as enabled by the Supremes and complicit Article III Courts, appear to present a realistic danger of spreading the virus to all of those countries which are ill-equipped to handle it.

The market as well as all medical experts recognized and reacted negatively to the idiocy of Trump’s Oval Office speech. The U.S. preparation, public education, and actual response to coronavirus has been one of the poorest and most inept in the world to date. To the extent that the U.S. has mitigated the disease, it has been largely the result of decisive actions by State Governors and local officials of both parties, although primarily Democrats, along with universities and sports leagues.

Expect Trump and his White Nationalists to use the danger to our public health that he didn’t cause, yet unnecessarily aggravated, as an excuse for more irrational, cruel, xenophobic, racist attacks on migrants. And, you can expect the “Chief of Complicity,” John Roberts, and his accomplices to continue to help promote Trump’s attack on human decency, truth, and our democratic institutions. John Roberts has never seen a transparently false “emergency” from Trump that he didn’t love or racism or religious bigotry so obvious that he would actually call it what it is.

Incompetent governance by a corrupt, selfish kakistocracy that promotes myths and conspiracy theories over truth, scientific knowledge, and the common good does not cause epidemics. But, it does unnecessarily aggravate them, hinder effective control, and gravely endanger the public health. It simple terms, it kills! Yet another reason why “regime change” in November might be America’s last chance for survival.  

The coronavirus has surfaced perhaps the only competent high level official in the entire Trump Administration — Dr. Anthony Fauci. In case you haven’t noticed, there is no resemblance whatsoever between the scientific truth spoken by Dr. Fauci, who paints a honest but grim picture of the Administration’s half-assed efforts to date, and the unadulterated BS and party line spouted by Trump and the second most unqualified individual in the U.S. to handle a pandemic Mike “Super Sycophant” Pence. Talk about a “Confederacy of Dunces!” I’m just surprised that Trump hasn’t fired Fauci yet, given the well-known Trumpian aversion to all things true.

I’ve watched the smirking nitwit Rich Lowry of the National Review (too) many times on the “talking heads” where he is a favorite because he is one of the few Trump apologists who can put two consecutive sentences together in the English Language. Most of what he says is BS, but at least it’s comprehensible and reasonably articulate BS. And, despite the endless smirk, he isn’t as overtly rude and aggressively crude as most Trumpists. Jessica’s article confirmed my already low opinion of Rich. As Rome burns, by all means, let’s pontificate on what we should call the fire.

Still don’t believe we have “malicious incompetents” in charge? Check out the latest from the L.A. Times on how the regime is stiffing states, screwing the poor, and spreading disease and potential death by blocking states from using Medicaid to respond to the coronavirus. https://www.latimes.com/politics/story/2020-03-13/trump-administration-blocks-states-use-medicaid-respond-coronavirus-crisis

It’s never good to be governed by the malicious, stupid, and cruel in a time of crisis. Kakistocracy has consequences!

PWS

02-13-20

POLITICS: DANIEL DENVIR @ LITERARY HUB: The Case Against Immigration Centrism – Liberals Inevitably Get Co-Opted Into “Nativism Lite” & The Result Is Donald Trump & His Overtly White Nationalist GOP!

Daniel Denvir
Daniel Denvir
American Journalist

https://apple.news/ASCSwefgISM2mLjzRVdJeWQ

 

When It Comes to Immigration, Political Centrism is Useless

With Trump in office, things can seem absurdly bleak. But after Republicans lost the House, it became clear that Trump’s first two years were for nativists a critical opportunity to reshape the contours of the American demos. And they blew it: Republicans had total control of government yet legislative cuts to legal immigration went nowhere. Meanwhile, Democratic voters are moving sharply left in the face of accelerating Republican extremism. The percentage of Americans calling for a decrease in legal immigration has plummeted since the early 2000s—particularly but not exclusively among Democrats. Indeed, since 2006 Democratic voters have swung from a strong plurality supporting legal immigration cuts to a stronger plurality backing increased legal immigration.

In promoting attacks on “illegal immigration” and militarizing the border, establishment politicians from both major parties inflamed popular anti-immigrant sentiment. But they helped move the Overton window so far right that it snapped loose of its bipartisan frame, prompting vociferous resistance on the left. The war on “illegal immigrants” was based on a bipartisan consensus. It is becoming very partisan. That’s good.

As nativists well know, immigration means that we the people is increasingly made up of people who don’t look like Trump and his base. And they correctly worry that immigration is driving a large-scale demographic transformation that could ultimately doom the conservative movement—a prospect that the most honestly racist figures on the far-right call “white genocide.” Non-white people disproportionately vote Democrat—a trend gravely exacerbated by unconstrained Republican racism that has alienated even wealthy and economically conservative non-white people. Demographics aren’t destiny. But thanks to the foundational role that racism plays in American capitalism, they do mean quite a bit.

In August 2019, Trump finally implemented an aggressive attack on legal immigration, expanding the definition of what makes an immigrant “likely to become a public charge” and thus excludable from the country.28 The rule further empowers immigration officers to deny entry to poor and working-class immigrants, particularly from Latin America, or to deny immigrants already in the country a green card. The rule radically expands a provision of US immigration law dating back to the Immigration Act of 1882 and, before that, to New York and Massachusetts’s enforcement targeting Irish paupers. The Migration Policy Institute predicts that the rule “could cause a significant share of the nearly 23 million noncitizens and U.S. citizens in immigrant families using public benefits to disenroll.” And visa denials under Trump had already skyrocketed before the new rule was in place.

It is unclear how profoundly the rule will reshape either the size or the class, national, and racial makeup of legal immigration. But regardless, the new rule is a reflection of Trump’s inability to secure cuts or changes to legal immigration in Congress. The rule will very likely be rolled back under even a milquetoast Democratic president. The same holds true with Trump’s deep cuts to refugee admissions, and the draconian proposal pushed by some in his orbit to cut admissions to zero. Trump is effectively terrorizing migrants in the present but failing to secure the enduring legislative change that would outlast his presidency.

There is no majority constituency today for enacting such legislation—nor any viable institutional vehicle for it. Whatever opportunity existed to leverage a white-grievance-fueled presidency toward a full nativist program has faded even as the right clings to power thanks to the system’s profoundly anti-democratic features. The left is nowhere near winning. But it is at long last emerging as a real force in clear conflict with both the Trumpist right and the center that facilitated its rise.

For Bill Clinton, Hillary Clinton, Obama, Biden, Feinstein, Schumer, and a host of other Democrats, a measure of nativism was useful. Quite a bit more than that has proven necessary for Republicans. But too much nativism is a problem: no rational capitalist favors shutting out exploitable migrant labor. As Karl Marx wrote in The Eighteenth Brumaire, political stances that seem rooted in principle are in reality founded—if often in indirect, unconscious, and obscure ways—in “material conditions of existence.” This is no doubt the case here.

The United States has undergone decades of enforcement escalation, fashioning a useful scapegoat for neoliberalism and empire while maintaining a segmented labor market. But business frequently lost too, most spectacularly with the repeated defeat of comprehensive immigration reform. Business wants the undocumented to be legalized and guest workers who provide the benefits of undocumented labor without the risk. But what perhaps best reflects—but by no means exclusively reflects—the power of business is what hasn’t happened: deep legislative cuts to authorized immigration have been consistently off the table for more than two decades. This has been the case since the 1996 legislation to slash legal immigration was defeated in favor of a law to persecute undocumented immigrants and “criminal aliens.” The immigration debate has taken on a bizarre and contradictory life of its own. The unspeakability of cuts to authorized immigration, and the failure to impose effective employer sanctions and employment verification systems reveal that immigration policy was still tethered, narrowly but firmly, to the interests of capital. With Trump, full nativism is spoken. But substantial immigration reductions still cannot pass Congress.

A full examination of the complex role of business, the rich, and their various factions during the past two decades of immigration politics is yet to be written. Some of its basic contours, however, are clear. For one, the capitalist class has become recklessly polyphonic. Lumpen-billionaires like the Mercer family and the Koch brothers have spent vast amounts to promote their ideologically distinct priorities rather than those of the collective. The Tanton network is a case in point: it received more than $150 million since 2005 from the Colcom Foundation, founded by the late Mellon heir Cordelia Scaife May. Ironically, independent right-wing oligarchs who pursue idiosyncratic agendas now rival the Chamber of Commerce for influence thanks to the policy achievements of groups like the Chamber of Commerce, which helped those oligarchs make and keep their billions. But does establishment big business even care about immigration anymore?

Political scientist Margaret Peters argues that productivity gains and globalization’s facilitation of an overseas supply of low-wage labor has led to a lessening of business’s need for immigrant workers, resulting in more restriction. The evidence for this, however, is mixed. On the one hand, business has not won a major legislative expansion of immigration since 1990. But it has also not suffered a major defeat. What’s clear is that business can tolerate border security theatrics and the demonization of “criminal aliens,” and is content to exploit undocumented workers. As anthropologist Nicholas De Genova writes, “It is deportability, and not deportation per se, that has historically rendered undocumented migrant labor a distinctly disposable commodity.”34 Business opposes dramatic cuts to authorized immigration, effective employer sanctions, and mandatory employee verification. Business prefers legalization, but that doesn’t rival priorities like tax cuts and deregulation; if it did, business would abandon the Republican Party. The roles played in immigration politics by business interests with various and often bipartisan attachments require further research, which will in turn help to clarify the woefully under-studied sociology of ruling class power more generally.

Meanwhile, business’s hold on the Democratic Party has come under intense assault. The war on “illegal immigrants” that accelerated in the 1990s is facilitating a realignment of left-of-center politics in favor of a diverse, immigrant-inclusive working class in opposition to war, neoliberal oligarchy, and hard borders. The post–Cold War dominance of carceral neoliberalism had made such a popular coalition impossible; the exhaustion of that model signaled by the 2008 crisis has made it astonishingly credible. Record deportations and a radicalizing racist right triggered a revolt among the Democratic Party’s young and increasingly diverse base. That base has along with much of American public opinion moved to perhaps the most staunchly pro-immigrant position in American history—and, in doing so, toward a radically inclusive vision of the American working class. Amid a post-Recession boom in labor militancy, that portends trouble for the entire political establishment and the racist and oligarchic order it protects.

Trump’s election set that trajectory into overdrive, rendering opinions on immigration a basic proxy for one’s partisan allegiance. Border militarization that once garnered bipartisan support is now the polarizing Wall. Obama’s brutal migrant detention centers have under Trump been labeled “concentration camps.” The number of Republicans who believe that the United States risks losing its national identity if the country welcomes immigrants from the world over has increased since Trump’s election.35 At the same time, Democrats have become more hostile to enforcement. In 2010, 47 percent of Democrats said that they equally prioritized a pathway to legalizing undocumented immigrants and “better border security and stronger enforcement of immigration laws,” while just 29 percent prioritized a pathway to legalization alone. By 2018, the number prioritizing legalization alone skyrocketed to 51 percent. As the war on immigrants kicked into high gear in 1994, just 32 percent of Democrats and 30 percent of Republicans agreed that immigrants strengthened the country. By 2016, the share of Democrats who said so had surged to 78 percent.

Extreme polarization, the establishment’s bête noire, is in fact the only solution to the long-standing bipartisan agreement that immigration is a problem for enforcement to solve. Demanded and rejected, oppressed and expelled, this country’s many others have long insisted that the promise of American freedom, designed for if never truly delivered to white settlers, belongs to them too because they too are the people. And contrary to what Trump’s presidency might suggest, a growing number of Americans agree and are turning against nativism and war. Racism is, as the remarkable number of Americans embracing socialism understand, an obstacle to freeing everyone.

The issue of borders is, in turn, a simple one in principle for socialists: borders are a nationalist enterprise and thus incompatible with an internationalist workers’ creed. Migration is a symptom of social violence when it is compelled by poverty, war, or climate change. But moving to faraway and strange places is often a beautiful journey too, one nurtured by love, adventure, and the drive for self-determination and realization. Migration should be free and the choice to migrate should be freely made. The border does not protect Americans against cultural change, economic insecurity, and terrorism. It bolsters a system of global inequality that harms people everywhere by dividing them.

Even with public opinion moving rapidly to our side, border controls will not fall anytime soon. To chip away at them, we must understand their historical particularity. The legal right to travel was, for most white people, a basic one for much of American history. It remains so for wealthy people, particularly those with passports from rich countries. Border controls arose in the United States not out of any neutral law enforcement principle but to exclude Asians, Jews, Italians, Latinos, blacks, Muslims, and other Others in the service of an exploitative and expansionist empire. Our land borders began to harden only alongside the rise of industrial capitalism, and were only militarized in recent decades.

If Democrats stick to the center on immigration, they will find themselves fighting on two fronts. A fight against Republicans, with the left at their back, will be far easier to win—and a more noble victory. Simple realism dictates that no legislation to grant citizenship to millions will be passed until Republicans are defeated. There’s no use trying to appease them. The bipartisan consensus supporting harsh immigration and border enforcement has fractured. Democratic elected officials need to catch up or be defeated too. It’s the task of the left to accelerate the nascent split, demanding radical reforms that correspond to our dream of a world where no human being is illegal. We must transform nation-states so that they no longer divide workers but instead are conduits for the democratic control of our social, economic, political, and ecological futures.

We must urgently develop demands for policies that will not create an open border overnight but a radically more open border soon. The border must be demilitarized, which would include demolishing the hundreds of miles of already existing wall and dramatically downsizing the Border Patrol. Criminal sanctions on illegal entry and reentry and the public charge rule must be repealed. Links between ICE and local law enforcement created by Secure Communities and 287(g) must be broken. Opportunities for legal immigration, particularly from Mexico and Central America, must be expanded. The right to asylum must be honored. And citizenship for those who reside here must be a stand-alone cause, unencumbered by compromises that are not only distasteful but also politically ineffectual—and that today would provoke opposition from both the nativist right and the grassroots left.

 

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

The nativists start with lies, myths, and distortions. The liberals start with truth and humane values. They used to meet in the “center right” which is “nativism lite” and bad news for migrants and for humane values.

 

With some logic, Denvir argues that the nativist right has now come “out of their shell” and just advocates against all foreigners and for maximum human cruelty.  In other words, complete dehumanization and abandonment of the common good: A trashing of the “Statute of Liberty” (see, e.g., Stephen Miller & “Cooch Cooch”) and an obliteration of the real, diverse America, a nation of immigrants, in favor of a mythical “Whitbread” version that never really existed (as American has always been heavily reliant on the labor of non-white immigrants — but they often were intentionally kept without social standing or political power).

 

In many ways, the right’s abandonment of the “pro-immigration, anti-illegal immigration” false narrative frees liberals to explore more robust, realistic immigration policies that would serve the national interest, recognize the truth of American as a rich and diverse nation of immigrants, and, perhaps most helpfully, sharply reduce the amount of time, effort, and goodwill squandered on ultimately unrealistic and impractical immigration enforcement schemes and gimmicks (see e.g., “The Wall” & “The New American Gulag”). In that context, immigration enforcement could be rationalized and made more efficient to serve the actual national interests rather than the political (and sometimes financial) interests of the far-right nativist minority.

 

Interesting thoughts to ponder.

 

PWS

 

01-17-20

WHITE NATIONALIST AGENDA: Trump Regime Announces Plans For All-Out Assault On Legal Immigration — “It’s an attempt to lock into place changes to immigration policy that cannot be easily undone, regardless of the outcome of the 2020 presidential election.”

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

https://apple.news/AKO1peXCgQpS_Ol7Hfyg_6g

Stuart Anderson writes in Forbes:

Trump Plans Far-Reaching Set Of New Immigration Regulations

The Trump administration plans a far-reaching set of new immigration regulations that, if enacted, would profoundly affect employers, international students, H-1B and L-1 visa holders, EB-5 investors, asylum seekers and others. The proposed forthcoming rules are detailed in the administration’s just-released Unified Agenda for the Department of Homeland Security (DHS). 

H-1B Visas: “As a result of more restrictive Trump administration policies, denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 24% through the third quarter of FY 2019 for new H-1B petitions for initial employment,” according to a recent National Foundation for American Policy analysis. A new H-1B regulation would make life even more difficult for employers and high-skilled foreign nationals.

The summary of a forthcoming H-1B rule states it would: “[R]evise the definition of specialty occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program, and revise the definition of employment and employer-employee relationship to better protect U.S. workers and wages. In addition, DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders.” (The target date for publishing a proposed rule is December 2019.)

The rule could be used to defend the administration against lawsuits from companies that contend many actions by U.S. Citizenship and Immigration Services (USCIS) on H-1B petitions have violated the Administrative Procedure Act by not going through the rulemaking process.

“Undoubtedly they will push the boundaries and aim for long-term, structural changes to the H-1B visa category,” said Lynden Melmed, a partner at Berry Appleman & Leiden and former Chief Counsel for USCIS, in an interview. “But absent new authority from Congress, going too far risks a court injunction and they could end up with nothing.” 

One way USCIS may try to push the boundaries would be to place into regulation the theory behind a March 31, 2017, internal document now used in adjudications that excluded computer programmers from qualifying as a specialty occupation. The document discusses computer programmers and tells adjudicators that since the Department of Labor Occupational Outlook Handbook states that “. . . some employers hire workers with an associate’s degree . . . it suggests that entry level computer programmer positions do not necessarily require a bachelor’s degree and would not generally qualify as a position in a specialty occupation.” (Emphasis added.)

The March 31, 2017, document notes this has applicability to many occupations and states: “The Policy Memorandum is specific to the computer programmer occupation. However, this same analysis should be conducted for occupations where the Occupational Outlook Handbook does not specify that the minimum requirement for a particular position is normally a bachelor’s or higher degree in a specific specialty.” (Emphasis added.)

“Companies may be surprised to learn how many different positions do not require a bachelor’s degree under Department of Labor standards,” said Melmed. “Employers may have to rethink how they approach their talent strategy.”

A new regulation that would “revise the definition of employment and employer-employee” will make it even more difficult for IT services companies and others that place employees at customer locations. Such companies already have experienced much higher H-1B denial rates due to USCIS policies that, attorneys say, have targeted the companies for tougher scrutiny. 

H-4 EAD: The administration continues to place on the regulatory agenda a measure to rescind an existing rule that allows many spouses of H-1B visa holders to work. The target date for a proposed rule is March 2020. (See here for more background.) 

L-1 Visas: The irony of USCIS trying to tighten the L-1 visa category is companies complain the Trump administration already has made it nearly impossible to gain approval of L-1 visas at U.S. consulates in India to transfer employees into the United States. Companies also cite U.S. consular posts in China as a problem. “Our refusal rate for L visas at consular posts in India is 80% to 90%,” an executive of a major U.S. company told me in an interview. Denial rates have also increased considerably at USCIS for individual L-1B petitions (used for employees with “specialized knowledge”).

According to the summary of a new item placed on the regulatory agenda: “In order to improve the integrity of the L-1 program, the Department of Homeland Security will propose to revise the definition of specialized knowledge, to clarify the definition of employment and employer-employee relationship, and ensure employers pay appropriate wages to L-1 visa holders.” (September 2020 is the target date for publishing a proposed rule.)

Companies note they already endure visa denials by consular officers who, with little background knowledge, decide that a company should only have a limited number of people who possess “specialized knowledge” – even though there is nothing in the law or regulation about a numerical limit within a company on employees with specialized knowledge of a company’s “product, service, research, equipment, techniques, management, or . . . expertise in the organization’s processes and procedures.”

Regulating on L-1 wages may place USCIS in legal difficulties. “As a practical matter, most employers already pay their L-1 workers at high rates of pay,” said Kevin Miner, a partner at the Fragomen law firm, in an interview. “We will want to see what specific regulatory proposals are made regarding wage rates for L-1 workers, since Congress specifically did not impose prevailing wage requirements in the L-1 statute. Adding requirements that Congress has not put into the statute would be an overreach by the agency and would call into question the legal viability of the new regulations.” 

International Students, OPT and Unlawful Presence: New enrollment of international students at U.S. universities declined by more than 10% between the 2015-16 and 2018-2019 academic years – and new Trump administration regulations are likely to further discourage international students from coming to America.

The ability to gain practical work experience following a course of studies attracts many international students to the United States. Many competitors for talent and students, such as Canada and Australia, already make it easier than the United States for international students to work after graduation.

The administration continues to target Optional Practical Training (OPT), which allows international students to work for 12 months after graduation and 24 additional months in science, technology, engineering and math (STEM) fields. A summary of a rule proposal on the agenda states: “ICE [Immigration and Custom Enforcement] will amend existing regulations and revise the practical training options available to nonimmigrant students on F and M visas.” (August 2020 is the target date for a proposed rule.)

Ironically, Trump administration officials from the State Department recently praised Optional Practical Training. “OPT is one of our greatest strengths,” said Caroline Casagrande, a deputy assistant secretary at the U.S. Department of State, during a November 18, 2019, press event on international students. “And we know that students value the practical experience that they gain here in the United States and it is one of our most helpful recruitment tools as a reason that a student chooses to study in the United States.” 

A 2019 National Foundation for American Policy study by economist Madeline Zavodny concluded, “There is no evidence that foreign students participating in the OPT program reduce job opportunities for U.S. workers.”

In 2018, USCIS issued policy memos that could cause many international students who unknowingly violate their immigration status to be barred from the United States for 10 years. On May 3, 2019, a U.S. District Court issued an injunction blocking the two policy memos following a lawsuit (Guilford College) filed by universities.

USCIS placed on the regulatory agenda plans for a proposed rule (with a September 2020 prospective date) called “Enhancing the Integrity of the Unlawful Presence Inadmissibility Provisions.”

“The recent announcement in the regulatory agenda regarding unlawful presence is likely a response to the Guilford College litigation,” Paul Hughes, a partner at McDermott Will & Emery and the lead attorney in the case, told me. “In Guilford College, the court issued a nationwide injunction blocking USCIS from applying this memo, both because it did not undertake the notice-and-comment rulemaking required by the Administrative Procedure Act, and because it was at odds with the statutory text. It appears that the administration is now trying to use rulemaking in an apparent effort to cure the procedural errors they made the first time.”

The Department of Homeland Security regulatory agenda contains at least two other measures of interest to the education community and international students. An item on the agenda (with a June 2020 target date for a proposed rule) states: “ICE proposes to vet all designated school officials (DSOs) and responsible officers (ROs), who ensure that ICE has access to accurate data on covered individuals via the Student and Exchange Visitor Information System (SEVIS).” 

An item that remains on the regulatory agenda – with a February 2020 target date for publishing a proposed rule – would establish a “maximum period of authorized stay for students.” Currently, international students are admitted for the “duration of status” until they complete their studies. Universities warn changing to a maximum period of stay is likely to carry negative consequences for students. 

EB-5: USCIS has proposed and finalized (November 21, 2019) a rule governing EB-5 (employment-based fifth preference) “immigrant investor classification and associated regional centers” that made significant changes to the category, including substantially raising the minimum investment amount for a foreign investor. The administration appears interested in further restricting the category with two items placed on the agenda. One would make regulatory changes to the EB-5 Immigrant Investor Regional Center Program, including how they file, and their designation, termination and continued participation. The other rule would “increase monitoring and oversight of the EB-5 program as well as encourage investment in rural areas.”

Family Sponsorship: After failing to convince Congress to reduce or eliminate most family-sponsored immigration, the Trump administration put forward two measures that could significantly reduce legal immigration to the United States: 1) an October 4, 2019, presidential proclamation (blocked at least temporarily by a court) would bar new immigrants from entering the United States without health insurance and 2) a rule on Inadmissibility on Public Charge Grounds – finalized on August 14, 2019, but blocked by an injunction. 

A proposed rule on “Enhancing the Integrity of the Affidavit of Support” shows the administration wants to restrict and discourage Americans from sponsoring family members. “DHS intends to update regulations at 8 CFR 213a by aligning the requirements with the statutory provisions and amending sponsorship requirements to better ensure a sponsor has the assets and resources to support the intended immigrant at the statutorily required level,” according to a summary. “DHS further intends to update the provisions to allow the public benefit granting agencies to more easily obtain information from USCIS in order to seek reimbursement from a sponsor when the sponsored immigrant has received public benefits.”

Asylum: Many items on the regulatory agenda aim to restrict asylum, which has already seen wholesale changes in procedures in the past three years. All of the proposed rules are designed to make it more difficult for individuals to avail themselves of the U.S. asylum system.

In one measure, “The Department of Justice (DOJ) and the Department of Homeland Security propose to amend their respective regulations governing the bars to asylum eligibility. The Departments also propose to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications.” In another proposed rule, DOJ and DHS would “amend regulations governing the standards and procedures for making credible fear determinations or reasonable fear determinations for aliens who are subject to expedited removal, but who want to seek asylum or express a fear of persecution or torture.” Others would affect asylum interviews, work authorization and procedures.

Other Rules on the Agenda: The administration proposes to continue with its announced fee increases for immigration benefits, make changes that could affect adjustment of status and limit a future administration’s use of parole and employment authorization. “Removal of International Entrepreneur Parole Program” is listed on the agenda with a “final action” date of December 2019. 

The Trump administration’s regulatory agenda on immigration is ambitious and far-reaching. It’s an attempt to lock into place changes to immigration policy that cannot be easily undone, regardless of the outcome of the 2020 presidential election. There is one glaring omission from the Trump administration’s regulatory agenda – any measure to make it easier for foreign-born individuals to work, study or live in the United States.

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

With “Moscow Mitch” and the GOP making sure that Congress can’t do its job and the Supremes and much of the Federal Judiciary apparently in his pocket, Trump’s plans for a White Nationalist Fascist State are on a roll. As Stuart points out, once the damage is done to our nation, it’s likely to take a long time to repair, regardless of when Trump finally leaves office.

Who would have thought that institutions and values developed painstakingly over centuries would be so easily thrust aside by a lawless authoritarian and his gang.

PWS

11-22-19

NICOLE NAREA @ VOX: “CONFIRMING THE AMERICAN DREAM” –Debunking Another Trump White Nationalist False Narrative: Even The Poorest Immigrants Quickly Adapt & Become Self-Sufficient! — “The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States.”

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A54Jcss-aTZ21cr6npgpyDA

Nicole Narea reports at Vox News:

 

A new study shows that even the poorest immigrants lift themselves up within a generation

It appears that the idea of the “American Dream” has some truth.

By Nicole Narea@nicolenarea  Nov 1, 2019, 2:20pm EDT

Share this story

Carmen del Thalia Mallol holds her daughter Lia, 4, after becoming a new US citizen during a naturalization ceremony inside the National September 11 Memorial Museum on July 2, 2019, in New York City. Drew Angerer/Getty Images

The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States. Indeed, a new working paper by Stanford University’s Ran Abramitzky; Princeton University’s Leah Platt Boustan and Elisa Jácome; and the University of California Davis’ Santiago Pérez finds that this is especially true for the lowest-income immigrants and remains true for the most recent cohorts for which data is available.

Drawing from census data, publicly available administrative data, and federal income tax data, they traced the income levels of millions of fathers and sons over time dating back to 1880. The children of immigrants climbed higher in the income rankings than those born to US natives across history and in 44 of the 47 sending countries they studied.

The paper contradicts President Donald Trump’s rhetoric suggesting that immigrants drain the social safety net rather than pulling themselves up and that immigrants from a select few countries are more desirable than others. On that basis, the president has pursued numerous policies aimed at preventing low-income immigrants, particularly those from what he has referred to as “shithole countries,” from entering and settling in the US.

Even poor immigrants’ kids achieve success

Prior research has shown that immigrants who start out earning less than their US-born peers are unlikely to catch up in their lifetimes. And among more recent immigrants, that initial income gap is growing bigger and harder to close.

But the new study shows that, even if immigrants start out with low income levels, most are not only catching up eventually but surpassing their US-born peers — even if it takes a generation.

Even children of the poorest immigrants from most countries have higher levels of economic mobility than their peers born to American parents. https://economics.princeton.edu/2019/10/25/immigrant-mobility-abramitzky-boustan/

The typical explanation offered for this kind of immigrant achievement is some inherent quality resulting from cultural differences, such as a strong work ethic or placing a value on education. But the working paper offers a more tangible explanation for the mobility gap: Immigrants tend to settle where there is more economic opportunity and take jobs that are below their true skill level.

“We don’t even have to reach for these cultural explanations,” Boustan said in an interview. “A lot of it has to do with immigrants being willing to move anywhere and choosing locations where there are growing industries and a good set of job opportunities for their kids. Those are choices that immigrants are making that are different from the US-born and that could be a feature of immigrant success.”

It makes sense why immigrants choose to move to areas of higher economic opportunity as compared to the US-born. Without social and professional networks anchoring them to one place, they are more “footloose” and flexible in where they ultimately settle, Abramitzky said. Historically, that has meant that foreign-born populations tend to cluster in urban areas.

The first generation arriving in the US, however, might also have difficulty finding work at income levels that reflect their true talents and abilities due to a variety of factors: limited English skills, lack of an established professional network in the US, and discrimination, Boustan said.

A classic scenario might be a Russian scientist who comes to the US and works as a cab driver. In that case, the second generation might be able to move up more quickly than their father’s income ranking would suggest.

“What might matter for the kids is what their father’s true talents and abilities were, rather than where he gets placed in the labor market,” Boustan said.

The economic mobility gap, the paper finds, is particularly stark when examining the children of those on the lowest rungs of the income ladder, ranked below the 25th percentile. In that category, the children of immigrants climb three to six percentile rank points higher than the children of natives.

The gap narrows, however, when examining families from the top income levels. And it even reverses slightly when comparing children growing up in the same geographic area.

The paper, while expansive, has some limitations: It relies on federal income tax records that likely do not capture unauthorized immigrants, the primary target of the president’s ire as he attempts to make the southern border all but impenetrable to migrants from Central America attempting to cross illegally.

But it’s reasonable to speculate that unauthorized immigrants would also settle in areas of economic opportunity and take jobs below their skill level, potentially resulting in similar rates of economic mobility as compared to other immigrants, the researchers said. The only caveat could be that unauthorized immigrants and their children experience more discrimination in the US, limiting their access to higher-paying jobs.

All kinds of immigrants move up the ladder

Boustan said the paper pushes back on the idea of “model minorities”: that minorities from certain ethnic or racial backgrounds tend to find more socioeconomic success than others. It’s typically been used to describe Asians in contrast to Hispanics and African Americans. But regardless of race or ethnicity, children of immigrants from the overwhelming majority of the countries they studied performed better than the US-born.

The paper’s findings also challenge Trump’s ideas about who should be allowed to immigrate to the US.

In January 2018, he reportedly derided immigrants from what he considers “shithole countries,” including El Salvador and African nations, while simultaneously calling for “more people from Norway.” And he infamously maligned Mexican immigrants when launching his campaign for president in 2015.

“When Mexico sends its people, they’re not sending their best,” he said. “They’re sending people that have lots of problems, and they’re bringing those problems with us.”

In fact, immigrants from Mexico, El Salvador, and African nations such as Nigeria are all performing better than the US-born. And in past waves of immigration, immigrants from Norway actually performed worse than the US-born.

“We take it as a warning against taking a nostalgic view of immigration,” Abramitzky said.

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Trump’s (and his fellow White Nationalists’) racist-inspired false narratives are harming America and preventing us from becoming even greater. Obviously, a smarter, more decent Administration would cut the xenophobic nonsense, legalize the law-abiding migrants already here, and propose ways to expand legal immigration across the board.

Those actions, not expensive, mean-spirited, and ultimately futile “enforcement only” gimmicks, would address the “immigration issue” in a fair, humane, and mutually beneficial manner. Also, by reducing the “unnecessarily undocumented population” and providing more realistic opportunities for future legal immigration and integration into our society, immigration enforcement would become far more focused, efficient, and effective.

Instead of treating needed workers and legitimate refugees like “bank robbers” (often actually ignoring the real criminals), the DHS could concentrate on a smaller number of individuals attempting to evade a more reasonable and realistic system.  Additionally, with real lines for legal immigration, rather than imaginary ones the Trump crowd often disingenuously references, being sent “to the back of the line” would be more of a deterrent than it is now.

Although, as Nicole points out, the study didn’t specifically cover undocumented individuals, the findings of this study certainly match my “real life” experiences in Immigration Court. The overwhelming majority of those coming before me on the non-detained docket were basically decent, law abiding folks performing productive functions in our communities. For a short time at the end of the Obama Administration, ICE actually recognized the futility of removing such individuals and exercised “prosecutorial discretion” (“PD”) through “administrative closing” in many cases where removal would actually diminish our nation while wasting limited court time.

Those very few individuals who ”flunked out” of the “PD program by getting in trouble were returned to court, usually on the detained docket, and in most cases removed. The others formed a “natural core” for a future legislative legalization program that a smarter,  kinder, braver Administration would have proposed.

Naturally, one of the first things the Trump White Nationalists tried to do was end two of the most successful programs ever instituted within DHS: DACA and PD. The results of these mean-spirited and short sighted actions have been highly problematic for the individuals involved as well as our country.

PWS

11-02-19

 

 

 

 

IN SUDDEN REVERSAL, TRUMP ADMINISTRATION WILL NOW EXTEND TPS FOR SALVADORANS — Likely A “Payoff” For Corrupt “Safe Third Country” Agreement With El Salvador!

https://www.latimes.com/politics/story/2019-10-28/trump-administration-extends-tps-for-salvadorans-allowing-thousands-to-stay-in-u-s

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Tracy Wilkinson
Tracy Wilkinson
Washington Reporter
LA Times

Molly O’Toole & Tracy Wilkinson report for the LA Times:

The Trump administration on Monday extended Temporary Protected Status for thousands of Salvadorans in the United States, granting them reprieve from removal to El Salvador.

Administration officials had insisted for weeks that the continuance of TPS was not on the table in exchange for the resumption of aid to the small Central American country, or the signing of a recent agreement on asylum seekers. An estimated 200,000 Salvadorans in the U.S. have TPS, making them the largest single group under the program. Many live in Los Angeles.

El Salvador’s President Nayib Bukele, a millionaire millennial who has had warm words for President Trump and his officials, touted the move in a Twitter announcement on Monday morning as a victory for his newly elected administration.

“They said it was impossible,” Bukele said. “That the Salvadoran government couldn’t do anything. … But we knew that our allies would not abandon us.”

A U.S. District Court in Northern California last October blocked the Department of Homeland Security from terminating TPS for El Salvador and a handful of other countries. Administration officials have sought to dismantle the program as part of their wider efforts to reduce immigration. TPS offers recipients protection from removal and the right to work legally in the U.S.

The announcement also puts the U.S. in the difficult position of extending a program intended for people fleeing natural disasters or civil unrest, while at the same time effectively designating El Salvador a safe country for asylum seekers. The State Department did not immediately respond to requests for comment.

Officials have offered little detail of the U.S. asylum agreement with El Salvador, which has yet to take effect. The deal was among several extensively negotiated with so-called Northern Triangle countries by outgoing acting Homeland Security Secretary Kevin McAleenan, who is due to step down this week.

Central America’s Northern Triangle is an impoverished and violence-ridden region that accounts for the majority of migrants now fleeing to the United States.

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

In addition to helping the 200,000 mostly productive long-term Salvadoran TPS residents of the U.S. who lack formal immigration status, the extension benefits both countries. The TPS Salvadorans and their families have been living in fear and uncertainty ever since the Trump Administration announced an intent to terminate Salvadoran TPS (which, naturally, irrationally contravened the advice of its own professional staff and almost all outside experts and appeared to be against the wishes fo the Salvadoran Government).

El Salvador avoids the potential problem of having to resettle several hundred thousand individuals whose homes, family ties, and futures are in the U.S. They also will be able to continue to benefit from the “remissions” that many of these individuals send to family in El Salvador, a significant factor in the Salvadoran economy.

At the same time, the “deal” costs Trump nothing, except for probably some “pushback” from his most ardent White Nationalist supporters.

First, the Administration already was enjoined from terminating the Salvadoran TPS program. Second, with a 1.3 million case largely self-created backlog in the Immigration Courts, the Administration wouldn’t have been able to remove most of the 200,000 individuals at any time in the near future. Third, TPS renewals will likely generate a profit for USCIS for the fees charged for extending work authorizations.

Fourth, and rather ironically, the Salvadorans, along with most of the other 10-11 million so-called undocumented residents of the U.S., are among the “drivers” of U.S. economic prosperity, which is about the only thing propping Trump up these days. Despite the Trump Administration’s string of shamelessly false narratives about the “damage” caused by undocumented workers, their mass removal would undoubtedly “tank” the U.S. economy, at least in the short run.  

Of course the “losers” in this are the refugees who continue to pour out of El Salvador and the other essentially “failed states” of the Northern Triangle. They face not only truncation of their legal right to apply for asylum in the United States, but also potential death or mayhem upon forced return or deportation to El Salvador as the result of the bogus “Safe Third Agreement” and equally bogus new requirements that asylum seekers apply in the first country they reach. (El Salvador doesn’t even have a functioning asylum system and is anything but “safe.”)

Perhaps we’ll eventually find out that El Salvador also had to agree to investigate the Biden family as a price for the extension.

PWS

10-29-19

LABOR DAY @ WASHPOST: The Toxic Hypocrisy Of Trump & The Restrictionists On The Labor Issue!

LABOR DAY @ WASHPOST:  The Toxic Hypocrisy Of Tru.mp & The Restrictionists On The Labor Issue!

https://www.washingtonpost.com/opinions/these-days-our-debate-over-labor-is-awash-in-hypocrisy/2019/09/01/d57e735c-c9a4-11e9-a4f3-c081a126de70_story.html

By Editorial Board

September 1 at 5:47 PM

A CYNIC, says a character in one of Oscar Wilde’s novels, is someone who knows the price of everything and the value of nothing. If that’s true, then the debate over the state of labor in the United States these days is awash in cynicism — or maybe it could just be called plain old hypocrisy. And in truth, it’s not so much a debate as a shouting match, largely over the inflamed issue of immigration.

Most of the noise comes from restrictionists, encouraged and shamelessly egged on, for the first time in memory, by a president of the United States. Such people recite figures they have assembled regarding the costs of immigration: its effects on wages, government spending and, of course, our “culture,” which some might take as a cover word for race or ethnicity or religion. But a lot of these compilations are questionable, both in their origins and their conclusions.

And beyond that, there is a great contradiction in such reasoning: It fails to take account of the work immigrants do in this country — the fruits of their labor, which are shared by the entire society. The skylines of metropolitan areas such as ours have been transformed over the past quarter-century by new construction, with immigrants providing a considerable share of the labor. Many of our hospitals, clinics, day-care centers, hotels, homes for the elderly and other institutions could not exist without immigrant employees, who made up about 17 percent of this country’s workforce in 2018, according to a government report.

A quarter of immigrants, in turn, are thought to be unauthorized. Although they are regularly slandered — by the president, among others — as a source of crime and as living off the dole, they are, for the most part, as law-abiding as the general population and are eligible for few government benefits. Not many people with personal knowledge of the matter would question their work ethic. Their labors in farm and field help feed the country; replacing them there would be a daunting task. They serve in some of the most demanding and often unpleasant jobs in our society: slaughtering animals, working long hours outdoors in punishing heat and cold, caring for the elderly, sick and mentally ill, cleaning four or five homes a day.

Strangely enough, this sort of thing is rarely discussed in any serious way on the cable outlets and social media. There is much in the way of insult and calumny toward impoverished immigrants (they “make our country poorer and dirtier,” said one popular TV opinionizer) but little constructive thought on how this country, with a static and aging native population and a tightening labor market, can continue to prosper without a reasonable amount of immigration.

Although unauthorized immigrants are routinely demonized by some in Congress and the media, there is a sizable part of the country, perhaps a majority, that does not consider their presence here to be criminal, that in fact sympathizes with them. There aren’t many other kinds of lawbreakers of whom that can be said. The recent immigration raid on agricultural processing plants in Mississippi, in which nearly 700 workers were rounded up, brought forth a wave of help and support for the workers and their families from people around the country, including churches and neighbors in Mississippi.

Practical and intelligent proposals are being made for dealing with the problems of immigration and work. But nothing can be done unless more of this country pays attention to the realities in working America in the coming election year and not to the dark maundering of demagogic doomsayers.

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

Yup.

Largely what I’ve been saying all along on “Courtside.” The solution to the largely manufactured “immigration crisis” is staring us in the face. 

Legalize those already in the labor force, so that they can be fully protected from exploitation by minimum wage, wage and hour, and OSHA laws, and reach their full economic potential in our society (which would also maximize tax revenues and Social Security contributions). 

Then, provide many more legal immigration opportunities for workers and families, both permanent and temporary, to keep America great and prevent us from suffering the type of economic stagnation that has hit Japan and other “low immigration” countries.

The main things standing in the way of such rational and practical solutions are Trump and the hard core GOP restrictionists who prop him up.

Sadly, it also appears that some, not all, within the massive DHS bureaucracy have become invested in cruel and futile immigration enforcement which requires endless taxpayer money and bodies to maintain its cycle of inevitable, yet sometimes politically advantageous, “enforcement-only” failures.

PWS

09-02-19