⚖️🗽NDPA OPPORTUNITY: U BALTIMORE LAW SEEKS CLINICAL DIRECTOR!

Elizabeth Keyes
Elizabeth Keyes
Associate Professor
Director, Immigrant Rights Clinic
U of Baltimore Law
Photo: U of Baltimore Law Website

Friends,

I have the best job in the legal profession. Maybe this could be your best job in the legal profession. 

I’m excited to share a hiring announcement for the director of the Immigrant Rights Clinic at University of Baltimore, which has been my own beloved position for the last decade. (I’m staying at UBalt, but shifting to purely doctrinal teaching for a host of reasons that have nothing to do with how much I love our clinical program and community at UBalt).  We are looking for a dynamic junior or pre-tenure lateral person for this position.

As you probably know, UBalt is an exceptionally good place to be a clinician. We are on a unitary tenure-track, with case coverage over the breaks. Our clinicians lead the law school in all kinds of ways, from committee-leadership to scholarship and beyond. We also have a beautifully collegial clinical faculty, with weekly brown-bag lunches focused on everything from pedagogy to workshopping our own scholarship. In the next four weeks alone, we have one lunch devoted to the pedagogy of Bell Hooks, another on clinics and emergency response, and another workshopping two articles by our teaching fellows. We have a lot of independence within our clinics, but we also share the same deep roots in non-directive, client-centered pedagogy.

Please share the announcement widely with your networks.

Warmly,

Liz

Elizabeth Keyes

Associate Professor, Director of the Immigrant Rights Clinic

University of Baltimore School of Law

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

Great opportunity for an up and coming NDPA “practical scholar!”

🇺🇸Due Process Forever!

PWS

01-18-22 

☹️THEY WORKED DANGEROUS JOBS, PUT FOOD ON OUR TABLES DURING THE PANDEMIC, & ARE MEMBERS OF A GROUP WHO PAID $9 BILLION IN U.S. TAXES — Their “Reward” Has Been A Short-Sighted “Slap In The Face” That Also Penalizes More Than 1 Million U.S. Citizen Children! — Julia Preston Reports For The Marshall Project

Julia Preston
Julia Preston
American Journalist
The Marshall Project

https://www.themarshallproject.org/2021/12/15/essential-but-excluded

https://elpais.com/internacional/2021-12-15/esenciales-pero-excluidos.html

Essential but Excluded

Immigrants put seafood on America’s tables. But many have been shut out of pandemic aid — and so have their U.S. citizen children.

By JULIA PRESTON and ARIEL GOODMAN

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

Somewhat reminiscent of how the Chinese workers who were key to building the transcontinental railroad were “rewarded” with the Chinese Exclusion Act and more than a century of anti-Asian bias and hate that continues today.

See, e.g., https://immigrationcourtside.com/2019/05/31/history-chinese-workers-made-america-great-by-building-the-transcontinental-railway-their-reward-from-a-racist-nation-deportation-exclusion-bias/

https://immigrationcourtside.com/2019/05/10/courtside-history-beyond-trumps-mythical-white-nationalist-nation-lets-see-who-besides-enslaved-african-american-forced-migrants-did-the-work-that-made-america-gre/

https://immigrationcourtside.com/2021/03/31/%f0%9f%a4%ae%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%91%8e%f0%9f%8f%bbhistory-of-hate-misogyny-vilification-racist-hate-directed-at-asian-women-has-deep-roots-in-u-s-law-jessica/

☹️Unfortunately, America has a long unhappy history of mistreating, exploiting, and demonizing immigrants whose hard work, courage, and perserverance against the odds built our nation into what it is today! Old habits of bias, ingratitude, false racial supremacy, and vilification of “the other” — or at least the “perceived other,” since in truth we’re all important parts of the real America  — are hard to break. But, it would be a real boost for our nation and humanity if we could overcome the darker part of our past and move forward as one.

Thanks for sending this important piece my way, Julia!

🇺🇸🗽Due Process Forever!

PWS

12-17-21

😎👍🏼🗽🇺🇸BIDEN, DEMS GET THE JOB DONE FOR AMERICA ON INFRASTRUCTURE, WITH SOME BIPARTISAN SUPPORT FROM GOP!

President Joe Biden
President Joseph R.Biden
46th President of The United States
(Official portrait of Vice President Joe Biden in his West Wing Office at the White House, Jan. 10, 2013. (Official White House Photo by David Lienemann)..This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.)

😎👍🏼🗽🇺🇸BIDEN, DEMS GET THE JOB DONE FOR AMERICA ON INFRASTRUCTURE, WITH SOME BIPARTISAN SUPPORT FROM GOP!

By Paul Wickham Schmidt

Courtside Exclusive

Nov. 7, 2021

After a long series of very public squabbles and false starts, President Biden this week delivered on one of his key campaign promises with a $1 trillion investment in America’s infrastructure. With a rebounding economy, it’s hard to think of any higher priority than rebuilding and modernizing America’s often crumbling roads and bridges, among other things. Directly or indirectly, that effort also should create lots of good jobs across the country.

Whether they are prepared to admit it or not, every American will benefit from this historic investment in our country. It remains to be seen however, whether the Dems will be able to reap any political capital from spearheading this achievement (with some bipartisan help). In the past, “messaging” about their substantial, positive achievements for all Americans has not been a Dem strongpoint. 

PWS

11-07-21

⚖️THREE WEEKS AFTER “COURTSIDE” BROKE THE NEWS, EOIR FINALLY GETS AROUND TO ANNOUNCING THE APPOINTMENT OF DISTINGUISHED “PRACTICAL SCHOLAR-EXPERT” JUDGE ANDREA SAENZ TO BIA! 😎👍 — 🆘 Call Out To NDPA: Judge Saenz Will Need Lots Of Help, & EOIR Is Hiring Judges! — Get Those Applications In, Because NOW Is The Time To Restore Due Process & Equal Justice To Our Broken Courts!🗽🇺🇸

Andrea Saenz
Hon. Andrea Saenz
Appellate Immigration Judge, BIA
PHOTO: immigrantarc.org

https://www.justice.gov/eoir/page/file/1442001/download

NOTICE
U.S. Department of Justice
Executive Office for Immigration Review
Office of Policy
5107 Leesburg Pike
Falls Church, Virginia 22041
Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov
www.justice.gov/eoir @DOJ_EOIR Oct. 14, 2021
EOIR Announces New Appellate Immigration Judge
Agency Seeks Qualified Individuals for Immigration Judge Positions
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Andrea Saenz as a Member of EOIR’s Board of Immigration Appeals (BIA). Attorney General Merrick B. Garland’s appointment of Appellate Immigration Judge Saenz brings the BIA to its regulatory maximum of 23 Members.
The BIA is the highest administrative body for interpreting and applying immigration laws,
having nationwide jurisdiction to hear appeals of decisions by adjudicators, including
Immigration Judges. EOIR has more than 2,300 employees in its 69 immigration courts
nationwide, at the BIA and at EOIR headquarters in Falls Church, Virginia. As provided in the
President’s Budget Request for Fiscal Year 2022, EOIR anticipates increasing its immigration
judge corps from 535 today to 734 by the end of the next fiscal year.
EOIR recognizes the many benefits of a diverse and inclusive workforce, and is looking for
qualified candidates from all backgrounds to join our corps of Immigration Judges. For
information about qualifications and application requirements to become an Immigration Judge,
please review EOIR’s current Immigration Judge Job Opportunity Announcement, which closes at 11:59 p.m. on October 15.
Biographical information follows:
Andrea Saenz, Appellate Immigration Judge
Andrea Saenz was appointed as an Appellate Immigration Judge in October 2021. Judge Saenz earned a Bachelor of Arts in 2002 from the University of California, Los Angeles, and a Juris Doctor in 2008 from Harvard Law School. From 2016 to 2021, she was Attorney-in-Charge of the New York Immigrant Family Unity Project, Brooklyn Defender Services, in Brooklyn, NY. From 2013 to 2016, she was a Clinical Teaching Fellow at the Immigration Justice Clinic, Benjamin N. Cardozo School of Law (New York). From 2012 to 2013, she was a Staff Attorney at the U.S. Court of Appeals for the Second Circuit. From 2010 to 2012, she served as a Judicial Law Clerk at the New York – Varick Immigration Court, entering on duty through the Attorney General’s Honors Program. From 2008 to 2010, she was an Equal Justice Works Fellow at the Political Asylum/Immigration Representation Project, in Boston. Judge Saenz is a member of the New York State Bar.
Communications and Legislative Affairs Division

EOIR Announces New Appellate Immigration Judge Page 2
— EOIR —
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all cases it adjudicates.
Communications and Legislative Affairs Division

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

“Courtside” readers had this story three weeks ago:

https://immigrationcourtside.com/2021/09/24/%e2%9a%96%ef%b8%8f%f0%9f%97%bd%f0%9f%87%ba%f0%9f%87%b8%f0%9f%91%8d%f0%9f%8f%bcfollowing-a-hideous-0-27-start-garland-hits-a-home-run-%e2%9a%be%ef%b8%8f-amazing-practical-scholar-ndpa-superstar-and/

Congratulations again, Judge Saenz! Capable as she is, Judge Saenz is just one among 23 BIA Appellate Immigration Judges. All of her colleagues are “government insiders,” and none has any recent experience representing individuals in Immigration Court!

Decades of skewed hiring at EOIR overwhelmingly favored those with government/prosecutorial backgrounds by a ratio of more than 9 to 1 (even worse at the BIA, where Judge Saenz is the first “private sector” appointee since the waning days of the Clinton Administration and the “Schmidt Board” in 2000).

This is in a system where studies such as the highly acclaimed Refugee Roulette have consistently shown that judges’ backgrounds and personal philosophies have more to do with the outcome of “life or death cases” than the actual merits of the claims. Claims that might be routinely and properly granted by one judge are summarily rejected by others, sometimes in another courtroom in the same court building!

The BIA as currently comprised has shown neither an interest in nor the ability to consistently protect due process, equal justice, individual rights, and enforce consistency among Immigration Courts. Indeed, there is a ridiculous and quite intentional dearth of positive asylum precedents from the BIA and the various AGs who have inserted themselves onto the process!

Remarkably, as shown by recent FOIA disclosures, “rubber stampism” in a race to make quotas, please political “handlers,” and hold onto jobs and careers is still “alive and well” at today’s EOIR, including the BIA:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/rubber-stamps-eliminating-master-calendar-hearings-how-low-can-eoir-go

EOIR now claims:

EOIR recognizes the many benefits of a diverse and inclusive workforce, and is looking for
qualified candidates from all backgrounds to join our corps of Immigration Judges. For
information about qualifications and application requirements to become an Immigration Judge,
please review EOIR’s current Immigration Judge Job Opportunity Announcement, which closes at 11:59 p.m. on October 15.

That this belated announcement on October 14 cites a deadline at noon the next day (now expired) is probably a good indicator of the (lack of) sincerity of EOIR’s claims that it actively seeks “diversification,” particularly from the private/NGO/academic sector.

Fortunately, I’m aware that a number of exceptionally well-qualified NDPA members have “thrown their hats in the/ring.” There will be future announcements and opportunities.

So NDPA members need to “put DOJ/EOIR to the test” by flooding their “designed for insiders” system and pathetically inadequate recruitment mechanisms (e.g., where’s the “outreach” to HBCUs, to Hispanic, Black, and Asian American Bar Associations, and to human rights NGOs?) with a tidal wave of superior applicants who can change this broken system into a real due-process-oriented judiciary, even in the absence of dynamic progressive leadership at with a plan!

🇺🇸Due Process Forever!

PWS
10-18-21

🗽⚖️ ATTENTION NDPA: FIGHT THE “NEW AMERICAN GULAG” IN RICHMOND, VA. — Legal Aid Justice Center Looking For Bilingual Attorney!

Gulag
Inside the Gulag, Public Realm
Conditions are ugly in the New American Gulag. Legal Aid Justice Center (Virginia) is offering an opportunity in Richmond, VA to free humans from the DHS Gulag and Garland’s embedded Gulag Courts!

https://www.justice4all.org/wp-content/uploads/2021/09/Bilingual-Immigration-Attorney-Richmond-2.pdf

About the Legal Aid Justice Center

BILINGUAL IMMIGRATION ATTORNEY Legal Aid Justice Center Richmond, VA

The Legal Aid Justice Center is a nationally recognized nonprofit organization that partners with communities and clients to achieve justice by dismantling the systems that create and perpetuate poverty. Justice means racial justice, economic justice, and social justice. From its offices in Charlottesville, Richmond, Petersburg, and Falls Church, LAJC is a fierce advocate for low-income clients and communities in Virginia.

Founded in 1967, LAJC provides services under four key program areas: Civil Rights & Racial Justice, Economic Justice, Youth Justice, and Immigrant Advocacy. LAJC boldly tackles issues of systemic injustice and aims to raise public and policymaker awareness of some of the most pressing challenges facing low-income Virginia residents. For more information, visit www.justice4all.org.

Legal Aid Justice Center seeks a Bilingual (Spanish-English) Immigration Attorney for our Richmond office, serving Richmond and the surrounding communities. The attorney will represent individual clients, with a focus on creative forms of removal defense. The attorney will partner with a community organizer to meet the needs of the immigrant community, and advocate for pro-immigrant policies at the local and state level, with a special focus on disentangling local and state government and law enforcement from federal immigration enforcement. The attorney will create and supervise a robust pro bono project, and advocate for stakeholders (including local governments) to support immigration legal services. The attorney will provide regular know-your-rights and immigration update clinics, in Spanish and English, to community members and to service providers.

• Strong commitment to social, economic, and racial justice

• Strong commitment to immigrants’ rights

• Experience working directly with immigrant community members

• Prior experience handling immigration cases, whether professionally or through a law

school clinic

• A sufficient level of Spanish fluency to interview and counsel clients in Spanish without

the assistance of an interpreter

• An ability to multi-task and balance a variety of responsibilities

Just in the past year, we permanently

 repealed Virginia’s driver’s license suspension for court debt scheme, secured an injunction slashing the number of immigrants detained by ICE at the largest detention center in the Mid- Atlantic and passed a law giving Virginia oversight authority, won the nation’s first COVID- specific, statewide, and enforceable workplace safety standards, passed legislation enabling communities to set up civilian oversight for law enforcement, and decriminalized school-based disorderly conduct, which was a leading contributor to the school-to-prison pipeline,

 especially for Black girls.

  About the Position

Required Qualifications

123 E. Broad Street, Richmond, VA 23219 • (804) 643-1086 237 North Sycamore Street, Petersburg, VA 23803 • (804) 862-2205

6066 Leesburg Pike, Suite 520, Falls Church, VA 22041 • (703) 778-3450 1000 Preston Avenue, Suite A, Charlottesville, VA 22903 • (434) 977-0553

Preferred Qualifications

Location Salary Benefits

• Membership in the Virginia bar, confirmed eligibility to waive in, or willingness to sit for the February 2022 Virginia bar (LAJC provides bar study leave and application fees)

This role will be based in our Richmond office. Occasional travel between offices will be required.

Salary range is $55,000 to $70,000 based on years of relevant experience and LAJC’s formal salary scale.

Our mission is compelling, and our team members are passionate about their work, and so we recognize the need to provide generous benefits and encourage rest and a healthy work environment. For example, we provide:

• Generous paid time off every year, including 3 to 6 weeks of vacation, 12 days of health leave, 6 weeks parental leave, and 14 holidays (not including bonus holidays/rest days allocated as needed)

• 100% employer paid health, dental, and vision insurance, plus excellent family insurance with annual max of $2,400 premium contribution to LAJC-sponsored health plan

• 403(b) retirement plan with 4% employer contribution (no required match)

• Strong commitment to professional development

• Full mileage reimbursement at IRS rates

• Law school loan repayment assistance and full reimbursement for VA bar and CLE

expenses

• Relocation package

Email a cover letter, resume, a legal writing sample, and three references to Simon Sandoval- Moshenberg at hiring@justice4all.org. If you’re able, please submit your application as a single PDF titled “[date submitted in yyyy.mm.dd format][last name][first name][position sought].” Please include “Richmond Bilingual Immigration Attorney” in the email subject.

an environment that enables staff and clients to feel empowered, valued, respected, and safe. In reviewing applications, we look for evidence

that applicants have experience and/or thoughtfulness in working with traditionally marginalized populations.

Application Instructions

 The Legal Aid Justice Center is an equal opportunity employer, committed to inclusive hiring and

 dedicated to diversity in our work and staff. We strongly encourage candidates of all identities,

 experiences, and communities to apply. The Legal Aid Justice Center is committed to strengthening the

 voices of our low-income clients, working in collaboration with community partners, and rooting out

 the inequities that keep people in poverty. We strive to take on the issues that have broad impact on

 our client communities and to be responsive to client input. Recognizing the particular impact of

 racism on our clients and staff, we devote special attention to dismantling racial injustice. All

 applicants must be dedicated to working in and sustaining clients to feel empowered, valued, respected, and safe. In reviewing applications, we look for evidence

that applicants have experience and/or thoughtfulness in working with traditionally marginalized populations.

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

The Richmond Adjudication Center for DHS detainees was established by the Trump regime and has been continued by AG Garland over the unanimous and vigorous objections of advocacy groups. The Government uses “civil” immigration detention and “captive courts” embedded in these “civil prisons” to coerce individuals into abandoning claims, restrict access to counsel, and inhibit the proper preparation and documentation of cases. The latter is particularly egregious, given the intentionally hypertechnical and unnecessarily complicated administrative requirements developed by the BIA in an overt effort to restrict asylum access.

One on the “unwritten assumptions” is that detention will make it easier for DHS and DOJ to railroad unrepresented migrants, thereby increasing “productivity” and “weaponizing” the Immigration Courts as a deterrent to individuals’ asserting their legal rights. It also helps create bogus and distorted statistics about the merits of Immigration Court cases.

A great way of combatting this outrageous and abusive Government “strategy” is by vigorously representing individuals in detention. This not only saves lives, but it also thwarts the Government’s coercive and abusive strategy.

Additionally, representation exposes the grossly substandard conditions that prevail in most DHS detention facilities and the fiction that mass detention, without fair and impartial individualized determinations, serves a legitimate governmental purpose.

Positions like this will be in the forefront of re-establishing the rule of law and achieving racial justice for all in the U.S.

🇺🇸Due Process Forever! More “New American Gulag,” never!

PWS

09-22-21

@WASHPOST: CATHERINE RAMPELL SAYS IT WELL! — “Contrary to Trumpers’ claims, keeping our word to Afghan allies in trouble is wholly consistent with a philosophy that puts ‘America First.’ Indeed, it’s central to the entire operation.”  — Getting Beyond Bogus Racist Nativism To A Robust, Honest, Expanded Legal Immigration System That Treats Refugees & Asylees Fairly, Humanely, & Generously — As Assets, Not “Threats” — Is Putting America First!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/2021/08/26/putting-america-first-would-require-keeping-our-word-afghan-allies/

Opinion by Catherine Rampell

August 26 at 5:56 PM ET

Trumpy nativists, posing as fiscal conservatives, want you to question whether the United States can afford to take in Afghan allies and refugees.

The better question is whether we can afford not to.

The Republican Party has cleaved in recent weeks over the issue of Afghan refugees, specifically those who served as military interpreters or otherwise aided U.S. efforts. On the one hand, Republican governors and lawmakers around the country have volunteered to resettle Afghan evacuees in their states. Likewise, a recent CBS News/YouGov poll found that bringing these allies to the United States is phenomenally popular, garnering support from 76 percent of Republican respondents. Influential conservative constituencies are invested in this issue, too, including veterans’ groups and faith leaders.

On the other hand, the Trump strain within the GOP has been fighting such magnanimous impulses with misinformation.

Xenophobic politicians and media personalities have been conspiracy-theorizing about the dangers of resettling Afghan allies here — even though we had previously entrusted these same Afghans with the lives of U.S. troops and granted them security clearances. And even though they go through additional extensive screening before being brought to our shores.

No matter; if you listen to Tucker Carlson and his ilk, you’ll hear that these Afghans are apparently part of a secret plot to replace White Americans, and that untamed Afghan hordes are going to rape your wife and daughter.

Often these demagogues try to disguise their racist objections to refugee resettlement (and immigration more broadly) as economic concerns. Their claim: that however heartbreaking the footage from the Kabul airport, compassion for Afghan refugees is a luxury Americans simply cannot afford.

Refugees are somehow responsible for existing housing shortages, proclaims Carlson. (This is demonstrably false; the reason we have too little affordable housing is primarily because people like Carlson oppose building more and denser housing.) More refugees would sponge up precious taxpayer dollars, according to Rep. Marjorie Taylor Greene (R-Ga.). And in general, refugees — like all immigrants — are a massive drain on the U.S. economy, alleges Stephen Miller.

This is nonsense.

. . . .

***********************
Read Catherine’s complete op-ed at the link!

Thanks, Catherine, for once again standing up to and speaking truth against disgraceful, neo-Nazi, nativist racists like Stephen Miller, Tucker Carlson, and Marjorie Taylor Greene!

As Catherine has observed on this and other occasions, in addition to all of the legal and moral reasons for welcoming them, refugees are good for the U.S. economy. See, e.g., https://immigrationcourtside.com/2018/09/04/forget-trumps-white-nationalist-lies-three-ways-immigrants-have-2-cms-refugees-are-good-for-ame/

By contrast, one might well ask what “value added” folks like Stephen Miller and his buddies, (Miller has largely sponged off of taxpayer funds while looking for ways to inflict misery on others and destroy America) bring to the table. None, that I can see!

Moreover, even beyond the undoubted value of robust refugee admissions, there is good reason to believe that large-scale migration presents our best opportunity for salvation and prosperity, rather than the “bogus threat” posited by Miller & Co.

As Deepak Bhargava and Ruth Milkman recently, and quite cogently, wrote in American Prospect:

. . . .

A “Statue of Liberty Plan” for the 21st century could make the United States the world’s most welcoming country for immigrants. Right now, the foreign-born share of the U.S. population lags behind that of Canada, Australia, and Switzerland. In order to surpass them, the United States would have to admit millions more people each year for a decade or longer. We currently admit immigrants to promote family integration, meet economic needs, respond to humanitarian crises, and increase the diversity of our population from historically underrepresented countries. Under this plan, we could dramatically expand admissions in all four categories and add a fifth category to recognize the claims of climate migrants. As a civic project of national renewal, with millions of people playing a role in welcoming new immigrants, such a policy could reweave frayed social bonds and create a healthier, outward-looking, multiracial national identity.

The politics of immigration, however, lag far behind the moral and economic logic of the case for a pro-immigration policy. The immigrant threat narrative has become so pervasive that many liberals have embraced it, if only because they hope to fend off threats from right-wing nationalists. President Obama not only deprioritized immigration reform in his first term but deported record numbers of immigrants, hoping that such a display of “toughness” might win support for legalization of the undocumented immigrants already here. Hillary Clinton advocated liberal immigration policies in her 2016 presidential campaign but later tacked toward restrictionism. Liberals and leftists across the global North, from Austria to France to the U.K., have offered similar concessions to nativism. But mimicking right-wing appeals is a losing gamble that only serves to legitimize the anti-immigrant agenda and its standard-bearers.

There are promising signs of potential for shifting the debate, however, if progressives lean in. Polling shows that Americans increasingly reject the immigrant threat narrative, largely due to Trump’s shameless cruelty. Last year, for the first time since Gallup began asking the question in 1965, more Americans supported increased levels of immigration than supported reduced levels. A telling barometer of how the sands are shifting is that President Biden’s proposed immigration bill is far to the left of what Obama proposed.

The work of shifting gears toward a more welcoming policy can begin right now by fully welcoming immigrants who already reside in our country. A crucial starting point would be to include a path to citizenship for essential workers, Dreamers, farmworkers, and Temporary Protected Status holders in the American Jobs Plan Congress is considering. This is not only a humane approach, but it also will stimulate economic growth and thus help finance other parts of the plan. A separate campaign by the Biden administration (not requiring congressional action) to simplify the naturalization process for nine million eligible green-card holders would help make the nation’s electorate more reflective of its population.

Getting the politics of immigration right isn’t just important for immigrants. Nativism, built upon the sturdy foundation of racism, remains among the most potent tools in the arsenal of right-wing authoritarians. Any program for economic equity or democracy will be fragile in the absence of a coherent immigration agenda. The antidote to authoritarianism is not to duck, cower, or imitate the nativists, but rather to make the case for opening the door to millions more immigrants.

If slavery and genocide were the country’s original sins, its occasional and often accidental genius has been to renew itself through periodic waves of immigration. Once we expose the immigration threat narrative as the Big Lie that it is, it becomes plain that immigration is not a problem to be solved but an opportunity and necessity to be embraced.

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/why-mass-immigration-is-the-key-to-american-renewal

This, of course, also casts doubt on the wisdom of our current, wasteful and ultimately ineffective, policy of illegally rejecting legal asylum applicants at our Southern Border, rather than attempting in good faith to fit as many as qualify under our current system, as properly and honestly administered (something that hasn’t happened in the past). Additionally wise leaders would be looking for ways to expand our legal immigration system to admit, temporarily or permanently, those whose presence would be mutually beneficial, even if they aren’t “refugees” within existing legal definitions. In this respect, the proposal to modernize our laws to admit climate migrants is compelling.

Remember, as stated above:

Getting the politics of immigration right isn’t just important for immigrants. Nativism, built upon the sturdy foundation of racism, remains among the most potent tools in the arsenal of right-wing authoritarians. Any program for economic equity or democracy will be fragile in the absence of a coherent immigration agenda. The antidote to authoritarianism is not to duck, cower, or imitate the nativists, but rather to make the case for opening the door to millions more immigrants.

NDPA members, keep listening to Catherine and the other voices of progressive wisdom, humanity, practicality, and tolerance. The key to the future is insuring that the “Stephen Millers of the world” never again get a chance to implement their vile, racist propaganda in the guise of “government policy.”

Happily, many Northern Virginians have listened to our “better angels.” Humanitarian aid and resettlement opportunities for Afghan refugees are pouring in, as shown by this report from our good friend Julie Carey @ NBC 4 news:

https://www.nbcwashington.com/news/local/northern-virginia-residents-offer-donations-shelter-to-afghan-refugees/2785567/

Julie Carey
Julie Carey
NOVA Bureau Chief, NBC4 Washington
PHOTO: Twitter

The local couple interviewed by Julie emphasized the impressive “human dignity” of the Afghan refugees! (I also observed this during many years of hearing asylum cases in person at the Arlington Immigration Court.) Compare that with the lack thereof (not to mention absence of empathy and kindness) shown by the nativist naysayers!

🇺🇸Due Process Forever!

PWS

08-27-21

🇺🇸👍🏼🏆NEWS FROM MAINE: US OLYMPIC TEAM’S SNEAKERS MADE IN MAINE BY IMMIGRANT CRAFTSPERSONS WITH ALL-AMERICAN PRODUCTS!

Linekin Bay
Linekin Bay, Maine

Polo Ralph Lauren, Team USA’s sponsor, commissioned Rancourt & Co. in Lewiston to make the team’s sneaker for the Tokyo 2020 opening ceremony.

https://www.newscentermaine.com/article/sports/olympics/team-usas-olympic-opening-ceremony-sneakers-made-by-lewiston-maine-shoemaker/97-fab1e868-9ab6-45bb-93c4-f43a11b4e616

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

The folks saving this Maine industry and making America proud are mostly asylees from Africa. Something to remember and reflect upon the next time you hear GOP “magamorons” and White Nationalist racist nativists claim that legal asylum seekers are a “problem,” rather than a key part of the solution! Indeed, the “problem” appears to be with the GOP White Nationalist restrictionists and nativists!

I’ve personally seen how immigrants of all kinds from all places have rejuvenated Maine with their hard work, culture, adaptability, and energy. Whether it’s the checkout person at the local grocery store, the folks who run the best carry-out in town with the brilliant daughter, or the helpful associate at L.L. Bean, immigrants are a key part of what makes Maine a great place to visit or live.

Go USA! Go Immigrants!

🇺🇸Due Process Forever!

PWS

07-29-21

👍🏼CIVIC ACTION ATTACKS THE NATIVISTS’ BIG LIE: “The truth is life is not a zero-sum game. A growing body of evidence actually shows that inclusion isn’t just compatible witheconomic growth — it’s absolutely necessary.”

Thomas Malthus
“Thomas Malthus was wrong about economics, but he would be delighted with the GOP’s dishonest “beggar thy neighbor” policies!”
Creative Commons 4.0
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If you’ve taken Econ 101, you were probably taught that the economy is a zero-sum game. If I win, another economic actor has to lose. One group’s gains mean another’s losses. The issue with that theory? It’s not only wrong, it’s dangerous: Nationalist leaders around the world have played on voters’ fears by threatening that the economic progress of immigrants and minorities will result in losses for everyone else.
The truth is, life isn’t a zero-sum game. A growing body of evidence actually shows that inclusion isn’t just compatible with economic growth – it’s absolutely necessary.
On this week’s episode of Nick Hanauer’s podcast Pitchfork Economics, JP Julien discusses a report that he co-wrote as a leader of global management consulting firm McKinsey & Company’s Institute for Black Economic Mobility. This think tank isn’t in the business of getting accolades from progressive circles – or conservative ones – it’s focused on the cold, hard data. Here’s what Julien told us about economic inclusion:
When more people can fully participate in the economy, we all win

Julien says that when people from all races and backgrounds are able to participate as workers, entrepreneurs, and consumers, the economy is stronger and more resilient. There’s already plenty of evidence for this theory: Between 1960 and 2010, 40% of GDP growth can be directly tied to women and people of color joining the labor force. “The data speaks quite clearly that the more we get people to participate, the better outcomes we produce,” Julien says.

Economic discrimination hurts all of us

There’s a staggering price tag on economic discrimination against people of color and women in America. In his paper, Julien found that eliminating wealth disparities between Black and white households and Hispanic and white households could add $2 to $3 trillion of incremental annual GDP to the U.S. economy. And if more women join the workforce over the coming years, we could add $2.1 trillion in GDP by 2025.

These gains aren’t zero-sum numbers; they don’t come at the expense of the economic value of white men – those numbers are in addition to that growth. That means America’s missing out on at least $5 trillion of economic activity because whole demographics have been shut out of the economy.
Corporations that focus on Diversity, Equity, and Inclusion outperform their peers

From the end of last year to this May, we’ve seen Fortune 1000 companies spend $66 billion in racial equity commitments. That’s because of a growing consensus among Fortune 1000 companies that being good corporate citizens actually creates economic opportunities. In his research, Julien found that corporations with more diverse boards and diverse leadership teams actually outperform their peers. It’s becoming impossible to ignore: DEI policies lead to a better and more profitable workplace.

For centuries, our economy has been constructed around exclusionary policies that shut out women and people of color – and this is discrimination is taking a toll on everyday Americans and our country’s economic growth. We can all win by increasing inclusion in the economic playing field – but we’re going to need all hands on deck to tear down this unfair economic system, and that means we need your help right now.
We’ve created an urgent poll to show support for win-win policies that allow everyone to participate in our economic system. We need 5,000 people to answer this one question before 11:59 p.m. tonight, and we’re counting on you to cast your vote tonight. Tell us now:
Does economic inclusion lead to greater economic growth?
Thank you,

Paul

YES
NO

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

“For centuries, our economy has been constructed around exclusionary policies that shut out women and people of color – and this discrimination is taking a toll on everyday Americans and our country’s economic growth.”

Couldn’t help thinking of these words as I listened to insurrectionist/traitor “Cancun Ted” Cruz pontificate about why it’s OK to exploit farmworker labor and mischaracterize a long-overdue and well-earned legal status as “amnesty” in responding to Sen. Alex Padilla (D-CA) during a hearing yesterday on helping farm workers.

Despite the noxious, racist, White Nationalist bogus rhetoric of Cruz, Gov. Gregg Abbott, and other GOP political hacks from the Lone Star State, Texas and its economy would indeed be in dire straits without the economic and cultural contributions of migrants, both documented and undocumented.  So would the rest of us without the essential services, productivity, and societal contributions of immigrants of all types. Indeed, without immigrants of all types, Native Americans would be the only inhabitants of America.

We need immigration laws and policies built on truth and optimism about the future, not the “beggar thy neighbor” White Nationalist myths of the nativist restrictionists!

🇺🇸Due Process Forever!

PWS

07-23-21

💸PHILANTHROPY — SOME BILLIONAIRES DONATE BILLIONS TO PROMOTE SOCIAL JUSTICE, WHILE OTHERS BLAST THEMSELVES INTO SPACE!🚀

MacKenzie Scott
MacKenzie Scott
Philanthropist & Author
Official USG Photo from 2016 Naturalization Ceremony
Public Realm

 

 

 

 

 

 

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Bess Levin in the Levin Report:

On Tuesday, for the third time in less than a year, Mackenzie Scott, the ex-wife of Jeff Bezos, announced that she had given more than a billion dollars to charity. This time, it was $2.74 billion to 286 different organizations, including ones focused racial justice. That brings her charitable giving since divorcing Bezos in 2019 to more than $8 billion, with much of it coming in the last 12 months, including $4.2 billion in grants announced last December. In a Medium post published this morning, Scott wrote that she and her new husband, Dan Jewett, as well as “a constellation of researchers and administrators and advisors,” are “attempting to give away a fortune that was enabled by systems in need of change,” and that they are “governed by a humbling belief that it would be better if disproportionate wealth were not concentrated in a small number of hands.” She didn’t add, “like those of my cheapskate ex-husband, Jeff,” though it’s hard to believe she wasn’t thinking it!

Even if Scott was not, few people will be able to look at the huge amounts of money she has been giving away and not think about the fact that Bezos, the literal richest man in the world, has distributed what philanthropic experts define as “diddly-squat” as a proportion of his wealth, preferring instead to focus on launching himself into space. In 2018, amidst substantiated reports that Amazon employees relieve themselves in bottles or forego bathroom breaks for fear “of being disciplined for idling and losing their jobs as a result,” and data revealing that nearly one third of Amazon’s Arizona employees were relying on food stamps, Bezos said in an interview that he couldn’t for the life of him think of a way to spend his vast fortune outside of funding his for-profit rocket-ship company, Blue Origin. (“The only way that I can see to deploy this much financial resource is by converting my Amazon winnings into space travel,” he told Axel Springer CEO Mathias Döpfner. “That is basically it.… I am currently liquidating about $1 billion a year of Amazon stock to fund Blue Origin. And I plan to continue to do that for a long time. Because you’re right, you’re not going to spend it on a second dinner out.”) A month after that, Amazon was instrumental in killing a proposed $275-per-employee tax for large Seattle–based businesses that would have helped alleviate the city’s serious homeless problem caused by companies like Amazon.

Over the years, Bezos has said things about charitable giving like, “Our core business activities are probably the most important thing we do to contribute, as well as our employment in the area,” and, “I’m convinced that in many cases, for-profit models improve the world more than philanthropy models, if they can be made to work.” In 2010 he donated $100,000 to help vanquish an initiative to impose a state income tax on Washington’s wealthiest residents, per The Seattle Times. “There’s almost nothing I could have predicted with more precision than that Jeff would hate the idea,” early Amazon investor Nick Hanauer, a backer of the initiative, told the outlet.

Speaking of taxes, Amazon, of course, pays very little of them, having avoided federal income taxes in numerous years. Meanwhile, Bezos himself was recently featured in ProPublica for paying nothing in federal income taxes in 2007 and 2011, and paying a “true tax rate” of 0.98% between 2014 and 2018. He also applied for and received a $4,000 tax credit for his children in 2011, when he was worth roughly $18 billion, ProPublica reported.

Only being human, Bezos apparently doesn’t like it when people start wondering why he doesn’t give away more of his $195.2 billion fortune. After The New York Times insinuated a few years ago that he was a cheap prick, Bezos announced that he would donate $2 billion to philanthropic ventures, which at the time represented a tiny fraction of his net worth (now, it’s much less). Last year, he pledge significantly more through the Bezos Earth Fund, though as Recode noted in February:

…the fact is that we don’t even know where that $10 billion sits. Is the money actually placed in a charitable vehicle like a foundation, a donor-advised fund, or a limited liability company? Or is it more of a rhetorical pledge, similar to Mark Zuckerberg and Priscilla Chan’s commitment in 2015 to set aside 99 percent of their money to philanthropy.… We don’t know. Bezos’s representatives have consistently declined to share information on the Earth Fund’s structure.

Next month, Bezos will (temporarily) leave earth, after adding $65 billion to his net worth during the pandemic.

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

Read the rest of the always entertaining  Levin Report at this link:

https://mailchi.mp/a7ec07e7054e/levin-report-trumps-heart-bursting-with-sympathy-for-his-buddy-bob-kraft-5103878?e=adce5e3390

🇺🇸Due Process Forever!

PWS

06-16-21

ECONOMICS: REICH RIPS BOGUS BURRITO BIG-TIME BS 💩 BY GOP: “I challenge one Republican lawmaker to live on $15,000 a year.”

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

Robert Reich writes in The Guardian:

House Republicans are blaming Democrats for the rise in Chipotle burrito prices.

America’s richest men pay $0 in income tax. This is wealth supremacy | Robert Reich

You heard me right. The National Republican Congressional Committee (NRCC) issued a statement on Wednesday claiming that Chipotle’s recent decision to raise prices on their burritos and other menu products by about 4% was caused by Democrats.

“Democrats’ socialist stimulus bill caused a labor shortage and now burrito lovers everywhere are footing the bill,” said an NRCC spokesman, Mike Berg.

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It seems Republicans have finally found an issue to run on in the 2022 midterm elections. Apparently Dr Seuss and Mr Potato Head weren’t gaining enough traction.

The GOP’s tortured logic is that the unemployment benefits in the American Rescue Plan have caused workers to stay home rather than seek employment, resulting in labor shortages that have forced employers like Chipotle to increase wages, which has required them to raise their prices.

Hence, Chipotle’s more expensive burrito.

This isn’t just loony economics. It’s dangerously loony economics because it might be believed, leading to all sorts of stupid public policies.

Start with the notion that $300 per week in federal unemployment benefits is keeping Americans from working.

Since fewer than 30% of jobless workers qualify for state unemployment benefits, the claim is that legions of workers have chosen to become couch potatoes and collect $15,000 a year rather than get a job.

Republicans have found an issue to run on. Apparently Dr Seuss and Mr Potato Head weren’t gaining enough traction

I challenge one Republican lawmaker to live on $15,000 a year.

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In fact, evidence suggests that workers who are holding back from re-entering the job market don’t have childcare or are still concerned about their health during the pandemic.

Besides, if employers want additional workers, they can do what they necessarily do for anything they want more of but can’t obtain at its current price – pay more.

It’s called capitalism. Republicans should bone up on it.

When Chipotle wanted to attract more workers, it raised its average wage to $15 an hour. That comes to around $30,000 a year per worker – still too little to live on but double the federal unemployment benefit.

Oh, and there’s no reason to suppose this wage hike forced Chipotle to raise the prices of its burrito. The company had other options.

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Chipotle’s executives are among the best paid in America. Its chief executive, Brian Niccol, raked in $38m last year – which happens to be 2,898 times more than the typical Chipotle employee. All Chipotle’s top executives got whopping pay increases.

So it would have been possible for Chipotle to avoid raising its burrito prices by – dare I say? – paying its executives less. But Chipotle decided otherwise.

I’m not going to second-guess Chipotle’s business decision – nor should the NRCC.

. . . .

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

Read the full article at the link.  As Reich cogently points out, the GOP’s false claim to be the “party of working people” is totally outrageous!

PWS

06-14-21

WE NEED MORE WORK VISAS & A LONG-OVERDUE REVISION OF CATEGORIES, SAYS “NEW AMERICAN ECONOMY” STUDY & IMMIGRATION EXPERT PROFESSOR STEPHEN YALE-LOEHR OF CORNELL LAW! — Hannah Miao Reports For CNBC

Hannah Miao
Hannah Miao
Reporter, CNBC
PHOTO: CNBC

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/expert-business-visa-categories-outmoded

From Dan Kowalski @ LexisNexis Immigration Community:

Expert: Business Visa Categories Outmoded

Hannah Miao, CNBC, June 10, 2021

“We have not revamped our legal immigration categories, including business immigration, since 1990. Some of those categories are out of alignment with our needs in the United States today,” said Stephen Yale-Loehr, an immigration law professor at Cornell Law School, who was not involved with the NAE study.  “The pandemic has exacerbated those inconsistencies because people who are desperately needed to restart various businesses have been unable to enter the United States,” Yale-Loehr said.”

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We should be expanding legal immigration opportunities in all three categories that currently feed our “green card system:”

  • Family visas;
  • Work visas; and
  • Refugee and asylum admissions.

We have seen during the pandemic that “essential workers” we depend upon and whose presence enriches our society and helps us build for a better future come in all types of statuses, including so-called “undocumented.” Those coming in the family, refugee, and asylum categories contribute valuable job skills, experiences, and enrichment to our society just as much, and in some cases, even more than those whose visas are based on work skills. We need to draw on and expand all three categories.

My Georgetown Law Immigration and Refugee Policy students did their own research and pointed these things out in our class just this week. They “get it!” But, our current Government immigration policy makers, not so much!

Again, to state the obvious, the Biden Administration is “missing the boat” by not restarting our asylum system at the border, running it in an appropriately generous and fair manner with experts, and expanding and getting our refugee programs functioning again. Many of those with skills we need and can use are literally “dying to get in” while we ignore both their humanity and our collective best interests.

Progressive legislative reforms to our legal immigration system are long, long overdue. But, we already have the legal authority to run far more robust and fairer legal refugee and asylum systems that would benefit America and the world, a well as saving lives and ending the ongoing squandering of Government resources on failed, illegal, cruel, and counterproductive “enforcement schemes.” 

Progressive experts with the needed skill sets to fix the migration problems are out here. Obviously, Professor Yale-Loehr is just one of many. Yet, for the most part, the Biden Administration ignores their expertise and turns a deaf ear to their solutions. Doesn’t make sense to me!

Unfortunately, we appear to appear to lack the will, imagination, courage, and most of all progressive expertise in the Executive Branch to use currently available tools and legal authorities to fix migration problems.

My students continually give me hope that the next generations will provide enlightened leadership and build a more just society and a better world for the future. But, in the meantime, my generation continues to squander opportunities for improvement. There will be a cost, of that I’m sure! 

🇺🇸⚖️🗽Due Process Forever!

PWS

06-11-21

MAINE’S BRIGHT FUTURE IN A GLOBAL SOCIETY DEPENDS ON ROBUST IMMIGRATION & WELCOMING ATTITUDES! — Professor Joseph W. McDonnell Writes In The Portland Press Gazette

News Day in Maine
Let’s Hope That A New Day Is Dawning , Fueled by Immigrants, For Maine & America After 4 Years of Unrelenting Darkness. The Biden Administration Must Help By Re-establishing Our Legal Asylum Program!

https://www.pressherald.com/2021/05/12/maine-voices-new-u-s-intelligence-report-suggests-how-maine-can-address-global-trends-2/

Maine Voices: New U.S. intelligence report suggests how Maine can address global trends

We’re in a good position to improve the lives of people without college degrees, to welcome foreigners to a democratic society and to diversify our workforce.

. . . .

The Global Trends report provides analysis but not policy solutions. Maine could assist by demonstrating that democracy can work here by taking steps to bridge the ideological divide and reduce political polarization. Maine can become a welcoming state for immigrants by easing their entry into the workforce to replace our retiring baby boomers.

Maine can also develop public-private partnerships to teach workforce skills that raise incomes and improve the quality of life for those without a college degree. Finally, Maine can exercise soft power by welcoming foreigners as tourists and recruiting students from China to our high schools and universities, offering an opportunity to experience a democratic society with both its flaws and freedoms, and to forge friendships between the two contested countries.

Joseph W. McDonnell is a professor of public policy and management at the Edmund S. Muskie School of Public Service at the University of Southern Maine

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

You can read Professor McDonnell’s article (along with a couple of comments that show exactly why our hope for the future has to be in immigrants — not that the commenters probably weren’t immigrants of some sort at some point in our history). 

B/T/W Congresswoman Omar (D-MN) is a naturalized U.S. citizen — an example of someone who not only immigrated, survived racial and religious bigotry and bullying in school, graduated from college, established a successful career as an educator and civic advocate, and further had the courage and commitment (which most native-born Americans, including me, do not) to successfully seek elective office and work through the system to make America a better place for all, regardless of whether or not one agrees with all of her views.

The vast majority of immigrants of any status “learn the language” (many better than some native-born U.S. citizens) and become at least bi-lingual if not tri-lingual, a skill set that few native-born Americans achieve. 

Of course, in an intentionally diverse society, important Government documents should be printed in languages that individuals are most comfortable with. You might have become proficient in French in college, but if involved in a legal dispute in France, most of us would need and expect an English translation to be sure we understood and, in turn, were understood. 

I knew enough German to study in Germany during college. I was comfortable going down to the local watering spot and ordering “bauernbrat mit kraut und bier.” But, if I had been involved in a legal proceeding, I wouldn’t have dared to proceed in German.

Also, although undoubtedly some students and foreign workers are exploited by the American system, overall they make huge contributions to both education and our workforce. As an Adjunct Professor at Georgetown Law, my classes are continually enriched by the presence of foreign students and scholars, many of whom are willing to share their own immigration stories and to enlighten us on the culture and legal system they experienced. 

Also, if we have learned anything during the pandemic, it is how very dependent we are on our immigrant and ethnic communities, regardless of “status,” for essential workers. The “exploitation” is an “American home grown problem,” not one caused by immigrants! As a society, we need to stop “shooting the messenger!”

Where we spend much of our summers, Boothbay Harbor in the “Mid-Coast Region of Maine,” the tourism, hospitality, recreational, and resort industries that power this town are highly dependent on talented foreign workers. Their upbeat attitudes, eagerness to learn and contribute, and fascinating multiculturalism is one of the primary factors that comes bursting out in town and throughout this area, making this one of the best summer tourist locations in America. (Obviously, it’s “world famous,” since these folks seek to come here from literally around the world.)

I remember commenting several summers ago about the amazing refugee assistance and appreciation programs generated by the local religious community here in Boothbay Harbor, as well as the impressive social justice awareness and activism of some of the talented local artists who performed at a fundraiser for refugees and asylum seekers.  http://immigrationcourtside.com/2019/07/15/the-new-due-process-army-is-alive-and-well-in-boothbay-harbor-singer-songwriter-john-schindler-friends-inspire-uplift-with-benefit-concert-for-maines-immigrant-legal-advocacy-pr/

Our “next-door neighbors,” here on beautiful Linekin Bay, Larry and Janey Anderson, were long time year around residents of Maine before retiring to “warmer climes” near their family (and us) in Northern Virginia. They were very involved with the African refugee community in Southern Maine, calling me several times for advice on how to get legal help on asylum cases. I well remember on occasions hearing the rhythm of a “drum circle” in which Larry participated with his refugee friends coming from the Anderson cabin. 

It actually made me feel good about the lives I had been able to save and the positive progressive legal changes, precedents, and attitudes that I was able to help, at least in some modest way, forge over a 40+ year career in immigration and human rights, most of it with the U.S. Government.

Of course, I was fortunate enough to have retired in 2016, before the institutionalized White Nationalist, racist, misogynistic, xenophobia of the Trump regime arrived. Unfortunately, they undid some of the hard work that many of us had done to improve the system, further due process, and insure fairness and humane treatment for foreign nationals under U.S. laws. 

However, the lives we were able to save (yesterday’s post about my Arlington Immigration Court/Round Table colleague Judge Joan Churchill and our joint NDPA colleague Deb Sanders is an example) have remained saved! “A life saved, is a life saved,” as I always say! https://immigrationcourtside.com/2021/05/12/ndpa-all-star-debi-sanders-round-table-judge-ret-joan-churchill-featured-in-story-of-inspiring-immigrant-sumera-haque-her-family-from-george-bushs-recent-book-out-of-many-one/

The folks we welcomed under the law, their families, and their descendants continue to make America great despite all the destructive actions and false, misleading hate rhetoric promoted by Tump and his party.

Now, it’s up to the “new generation” of the NDPA to seize the baton and lead the fight to assist migrants of all types in creating a new and better day for Maine, America, and the world! I actually just had inspiring conversations this week with “two of the best out there” in the private/NGO sectors who are competing for positions at EOIR to help return due process, efficiency, practicality, and humanity to a disgracefully dysfunctional and unfair system. These are the folks who are “inspiring a new day for America.” They have already got Professor McDonnell’s message and are working to make it a reality!

🇺🇸Due Process Forever!

PWS

05-13-21

THE GIBSON REPORT — 05-10-21 —Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List: Unless previously specified on the court status list, hearings in non-detained courts are postponed through, and including, June 11, 2021. (It is unclear when the next announcement will be. EOIR announced 6/11 on Wed. 4/28, 5/14 on Mon. 3/29, 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings and Visitor Policy

 

TOP NEWS

 

Schumer Readies Plan B to Push Immigration Changes Unilaterally

NYT: Should bipartisan talks stall, the Senate majority leader is exploring trying to use budget reconciliation to legalize millions of undocumented immigrants.

 

Immigration Courts Aren’t Real Courts. Time to Change That.

NYT Editorial Board: If the goal was to empty the United States of all those asylum seekers, Mr. Trump clearly failed, as evidenced by the huge backlog he left Mr. Biden. But the ease with which he imposed his will on the immigration courts revealed a central structural flaw in the system: They are not actual courts, at least not in the sense that Americans are used to thinking of courts — as neutral arbiters of law, honoring due process and meting out impartial justice.

 

Biden fills immigration court with Trump hires

The Hill: The first 17 hires to the court system responsible for determining whether migrants get to remain in the country is filled with former prosecutors and counselors for Immigration and Customs Enforcement (ICE) as well as a few picks with little immigration experience. See also The Director Of The Nation’s Immigration Courts Has Stepped Down.

 

ICE deportations fell in April to lowest monthly level on record, enforcement data shows

WaPo: ICE deported 2,962 immigrants in April, according to the agency. It is the first time the monthly figure has dipped below 3,000, records show. The April total is a 20 percent decline from March, when ICE deported 3,716.

 

How Police “Gang Databases” Are Being Used to Wage War on Immigrants

InTheseTimes: Gang databases have drawn criticism from national civil rights groups including Human Rights Watch and Detention Watch Network, which co-signed an April 1 petition calling on the Department of Homeland Security to end its discriminatory “prioritization” practices.

 

ICE Subverting Biden’s Priorities For Detention And Deportation

Intercept: A new report sheds light on how, despite orders from the Biden administration to narrow its immigration enforcement, ICE is still casting a wide net.

 

US Officials Have Discussed Asking Mexico To Do More To Stem The Tide Of Immigrants Ahead Of Kamala Harris’s Meeting

Buzzfeed: The proposals that have been discussed include Mexico officials prioritizing repatriating adults turned back by US border officials under a controversial Trump-era policy, increasing apprehensions of immigrants moving through their country to an average of 1,000 per day, and taking in more Central American families turned around at the border, according to the documents.

 

US awards huge shelter contracts amid child migrant increase

AP: In its haste to provide new facilities, the Department of Health and Human Services awarded the largest contracts — worth more than $2 billion — to two companies and a nonprofit without a bidding process and has exempted providers from the staffing requirements that state-licensed child facilities must meet, according to HHS and federal spending records.

 

Department of Homeland Security scraps Trump-era plans to collect more biometric data from immigrants

CBS: The Department of Homeland Security (DHS) has scrapped plans formed under President Trump to expand the collection of biometric data — including voice prints and DNA — from anyone applying to enter the United States and their sponsors, including children.

 

Lawmakers call to defund immigration cooperation program

RollCall: Led by Rep. Ritchie Torres, D-N.Y., the lawmakers warned that continued funding of the U.S. Immigration and Customs Enforcement program, known as the 287(g) program, will undermine trust in law enforcement within immigrant communities, discouraging undocumented immigrants from calling the police for help or reporting crimes.

 

Biden finally raised the refugee cap. Now comes the hard part.

Vox: After months of indecision and blowback from within his own party, President Joe Biden has finally raised the cap on refugee admissions for 2021 to 62,500 — but he has made clear he doesn’t think the US will actually admit that many people.

 

https://www.forbes.com/sites/andyjsemotiuk/2021/05/10/more-immigration-best-solution-to-us-economic-decline-and-continued-world-leadership/

More Immigration Best Solution To U.S. Economic Decline And Continued World Leadership

Forbes: In their publication Room to Grow, National Immigration Forum’s president and CEO, Ali Noorani and his colleague Danilo Zak argue that the U.S. should increase net immigration levels by at least 37 percent, or about 370,000 additional immigrants a year, to prevent a “demographic deficit” stemming from low population growth.

 

San Diego County will provide immigrants with lawyers

AP: San Diego would be the first southern border county in the United States to provide legal representation for those in federal immigration custody who are facing removal proceedings, although more than 40 other places nationwide have similar programs.

 

Trump Policies And COVID Have Left Immigrant Couples Trying To Get Marriage-Based Visas In Limbo

Buzzfeed: The United States immigration system has been gutted by the pandemic — between threats of mass government furloughs during COVID, the near-complete shutdown of consular offices abroad, and former president Donald Trump’s hard line against immigration, the Biden administration has inherited not only a crisis at the southern border, but also a virtual freeze on marriage-based visa applications that has left couples stranded.

 

Democratic Mayoral Candidates Talk Issues of Importance to Immigrant Communities

Gotham Gazette: At a virtual forum on Thursday night, four of the leading Democratic candidates for mayor in the June primary weighed in on issues affecting New York City’s large immigrant population, including housing, education, employment, and participation in the political process.

 

LITIGATION/CASELAW/RULES/MEMOS

 

2nd Circ. Says BIA Wrongly Defined Asylee’s ‘Social Group’

Law360: The Second Circuit revived an asylum bid from a Guatemalan immigrant who witnessed gang violence and helped a law enforcement investigation, ruling that the Board of Immigration Appeals hadn’t properly considered whether he fell into the right social group to claim deportation relief.

 

3rd Circ. Says BIA Can Close Cases, Contrary To 2018 Rule

Law360: A split Third Circuit ruled Wednesday that the Board of Immigration Appeals and immigration judges have the authority to administratively close deportation proceedings, handing a win to a Mexican man hoping to renew his Deferred Action for Childhood Arrivals status after being freed of criminal charges.

 

3rd Circ. Says Immigration Notice Doesn’t Need Hearing Info

Law360: The Third Circuit on Wednesday shot down a native Guatemalan’s challenge to an immigration judge’s jurisdiction over his case on the grounds that a referral notice initiating his removal proceedings did not have the date and time of a hearing, saying regulations do not require such information in that document.

 

20-Year-Old Robbery Blocks Bid For Asylum, 3rd Circ. Says

Law360: The Third Circuit on Tuesday said a more than two-decade-old robbery conviction in New Jersey constituted an aggravated felony under the Immigration and Nationality Act and thus barred a Nigerian man from avoiding deportation amid fears he would face mistreatment in the West African nation due to his bisexuality.

 

CA4 Holds That IJs Have Authority to Grant Requests for Inadmissibility Waivers Under INA §212(d)(3)(A)(ii)

The court held that DOJ’s regulations empower IJs to consider a petitioner’s application for an inadmissibility waiver under INA §212(d)(3)(A)(ii), and that an IJ’s ability to grant such a waiver is consistent with the statutory and regulatory scheme. (Jimenez-Rodriguez v. Garland, 4/29/21) AILA Doc. No. 21050433

 

CA4 Says Petitioner Failed to Exhaust Argument That Pardoned Offenses Do Not Qualify as Convictions Under the INA

Where the petitioner had been pardoned by the state of Georgia for drug and firearm offenses after DHS had sought to remove him based on his convictions, the court held that he did not exhaust his argument that pardoned offenses do not qualify as convictions. (Tetteh v. Garland, 4/27/21) AILA Doc. No. 21050432

 

CA7 Upholds Denial of Asylum to Petitioner Who Feared Retaliatory Gang Violence in Mexico

The court concluded that the petitioner had raised no arguments against the BIA’s dispositive determination that his asylum application was statutorily time-barred, and found that substantial evidence supported the BIA’s denial of withholding of removal. (Guzman-Garcia v. Garland, 5/3/21)

 

8th Circ. Says TPS Grant Does Not Constitute An Admission

Law360: An Eighth Circuit panel on Wednesday denied a Salvadoran man’s petition to avoid deportation from the United States, ruling that a grant of temporary protected status is not considered an admission for canceling removal proceedings.

 

No Error In Illegal Reentry Arrest, 8th Circ. Rules

Law360: North Dakota police officers accused of violating a Mexican man’s constitutional rights acted within their authority when they detained him during a burglary investigation on suspicion of being illegally present in the U.S., the Eighth Circuit ruled Monday.

 

Feds Say Fiance Visa Delay Suit Is Moot

Law360: The State Department urged a D.C. federal court Friday to throw out a lawsuit over the slow processing of K-1 fiance visas, arguing that the case is moot after the department issued a “national interest” exemption to aid the applicants.

 

DHS Ratifies Rule Removing 30-Day EAD Processing Requirement for Asylum Applicants

DHS issued a statement noting that Secretary Mayorkas has ratified a rule that removes the 30-day EAD processing requirement for asylum applicants. AILA Doc. No. 21050745

 

DHS Withdrawal of Proposed Rule on Eliminating Employment Authorization for Individuals with a Final Order of Removal

DHS withdrawal of a proposed rule published at 85 FR 74196 on 11/19/20, which would have eliminated employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. (86 FR 24751, 5/10/21) AILA Doc. No. 21050731

 

DHS Withdrawal of Proposed Rule on Use and Collection of Biometrics

DHS withdrawal of the proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws, which was published at 85 FR 56338 on 9/11/20. (86 FR 24750, 5/10/21) AILA Doc. No. 21050730

 

ICE Provides Updated FAQs on Sensitive Locations and Courthouse Arrests Policy

Following the issuance of new guidance limiting ICE and CBP civil enforcement actions in or near courthouses, ICE updated its FAQs on sensitive locations and courthouse arrests. AILA Doc. No. 18013142

 

EOIR Announces 17 New Immigration Judges

EOIR announced 17 new immigration judges, including one assistant chief immigration judge and six unit chief immigration judges. The notice provides the judges’ names, courts of appointment, and biographical information. AILA Doc. No. 21050630

 

EOIR Provides Information for Individuals Who Have Come to the U.S. After Waiting in Mexico for Hearings Under MPP

EOIR provided a flyer with instructions for individuals who have come to the United States after waiting in Mexico under the Migrant Protection Protocols (MPP). The flyer provides information on the individuals’ responsibilities and phone numbers to reach the immigration court helpdesk. AILA Doc. No. 21051030

 

CIS Ombudsman’s Office Issues Reminder for DACA Renewals

The CIS Ombudsman’s Office issued a reminder that individuals who are eligible to renew their DACA and employment authorization may submit their renewal request between 150 days and 120 days before the expiration on their current Form I-797, Notice of Approval, and on the EAD. AILA Doc. No. 21051035

 

Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Individuals Present in India Who Pose a Risk of Transmitting COVID-19

President Biden issued a proclamation suspending the entry into the U.S., as nonimmigrants, of certain individuals who were physically present in India during the 14-day period preceding their entry or attempted entry. This proclamation is effective at 12:01 am (ET) on 5/4/21. (86 FR 24297, 5/6/21) AILA Doc. No. 21043038

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, May 10, 2021

Sunday, May 9, 2021

Saturday, May 8, 2021

Friday, May 7, 2021

Thursday, May 6, 2021

Wednesday, May 5, 2021

Tuesday, May 4, 2021

Monday, May 3, 2021

 

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Thanks, Elizabeth!

Of particular interest, and an item I haven’t previously covered, is the article from Forbes recommending that we increase legal immigration levels by at least 37% to remain competitive in the world. But, it certainly echoes and confirms things I have said on this blog.

I have talked about the total stupidity of the Trump White Nationalist war on immigration. To a lesser extent, the Biden Administration is repeating the same mistakes by illegally keeping the Southern Border largely closed, to asylum seekers, while “slow walking” both refugee admissions and a restart of our legal immigration programs.

Many of the great folks we need to get our country back on track and build for future prosperity and success are qualified refugees — asylum seekers in this case — being wrongfully turned around without due process. They are right there, on our borders, coming to us, and we’re too dense and discombobulated to reestablish a legal system to screen and admit those qualified for legal admission.

A fair, properly generous, professionally run and led, and expert-staffed asylum system could harness this power rather than not only squandering the human lives involved but wasting time and money on detention, “deterrents,” “incentives” for other nations to violate human rights, and other misguided and wasteful enforcement gimmicks.

Doubt what I’m saying? You shouldn’t! The last three decades of actual experience bear me out. We have approximately 11 million undocumented individuals in the U.S. right now. The vast, vast majority, probably about 95%, present no threat and are actually productive, often essential, contributing members of our society. 

There’s your 350,000 per year additional that we should have been legally admitting over the past three decades! Of course, it would have been better if we had screened, vetted, and processed them in a timely manner. But, that’s hard to do when 1) our legal immigraton system was designed to intentionally disregard and work against “market forces;” and 2) we’ve wasted incredible amounts of human and monetary capital on counterproductive and wasteful “enforcement gimmicks.”

That’s why it’s high time to reform our legal refugee, asylum and immigration systems to make them much more robust, realistic, and in furtherance of our true national interests, rather than a fruitless pursuit of White supremacist myths. Instead of wasting time and money on expensive, counterproductive, and divisive immigration enforcement gimmicks, immigration enforcement could be targeted at the real problems — smugglers and cartels (whose business opportunities would be diminished by a “real world” immigraton system), and identifying the relatively small number of individuals seeking admission who present an actual (rather than imagined and overhyped) threat to our nation’s safety and security. Jobs in a more rational, focused, humane, and professional immigration bureaucracy would also be attractive to a wider range of Americans seeking employment,

This is hardly a “pipe dream” unless you listen only to right wing media and Trump-type “magamoron” nativist myths. Indeed thoughtful experts and scholars across the ideological spectrum — from the Center for Migration Studies to the Cato Institute — recommend some variation of the robust, courageous, forward-looking approach to immigration I have described above. A bigger problem, as always, is getting politicians to do the right thing.

But, after four years of perhaps the biggest and most preventable failure  to deal intelligently with immigration since the end of World War II, it’s high time we tried a better approach.

Due Process Forever!

PWS

05-11-21

 

🇺🇸🗽🙂PSA: DIANE HARRISON: “Still Connected: How Immigrants Can Support Family and Community Back Home”

Dianne Harrison, Health PSA

Still Connected: How Immigrants Can Support Family and Community Back Home

 

The decision to move to a new nation is complex and emotionally charged. People who do make the decision to emigrate often wish to maintain as much support and connection as possible to reduce the grief of being away from loved ones. Immigrants have many options for staying in touch and supporting their communities and families back home.

 

Many immigrants struggle with the transition to a new country. Blogs such as Immigration Courtside offer compelling opinion pieces on creating fair immigrant policy. This type of advocacy can influence political change to improve the lives of immigrants. Staying connected and supporting the community and family back home can make a significant difference in the quality of life for immigrants. People who wish to share resources with folks at home can benefit from tips on how to stay in touch and provide varying types of support.

 

Types of Support to Offer

 

Support can mean different things to different people. A common way immigrants support family and community back home is through financial assistance. Wages and access to money can vary widely, depending on the area of the world you live in. Often, people emigrate to the United States to have access to greater opportunities for work and income; the money sent home can bring loved ones out of poverty.

 

Immigrants in the US who wish to assist loved ones back home financially can do so with secure money transfers. If you have relatives in the Philippines, for example, you can send money safely, reliably, and quickly with little to no fees using a remittance service like Remitly. You’ll have greater peace of mind, knowing that the funds you send will arrive without interference from hackers or scammers.

 

Some immigrants may wish to ship supplies and gifts to loved ones back home as a means of support. Items like first aid kits, non-perishable food staples, and clothing can be shipped easily and safely, while other items are restricted or have limitations. Couriers like Parcel Monkey allow for low-cost shipping all over the world.

 

If you know of community projects back home that could benefit from support, consider starting a GoFundMe for the project on social media. The act of promoting this cause can also serve to educate American friends of your home country and foster a greater understanding of your heritage and culture. Financial gifts and other goods can be a terrific help to people back home, but just as important are emotional support and connection.

 

Offering Emotional Support

 

In addition to normal daily stressors that loved ones face back home, families and friends of people who have emigrated often experience grief and emotional pain related to the departure. We tend to relegate grief as a response to the death of a loved one, but grief can also manifest from the loss of family or friends in our daily lives. It is important for immigrants to maintain contact with loved ones back home to ease the burden and to have meaningful conversations.

 

Besides sharing big news and events, share the daily details that bring your loved ones a little closer to you. Talk about a favorite meal you’ve tried in the US or share popular songs of your area through YouTube. Use Teleparty to watch Netflix together. Check in with loved ones about their lives back home, including their daily routines and how they are feeling. Try to stay in touch as often as possible, using several means of contact.

 

Ways to Stay in Touch

 

Thanks to technological advances, there are many great ways to stay in touch with loved ones back home. Schedule weekly phone calls or video chats to stay caught up in the lives of loved ones, as well as texting and using social media to stay involved. Celebrate home holidays from a distance and introduce new friends to the folks back home through video gatherings. The greater the variety of contact, the better. There are many apps like Zoom or Facebook Messenger that make contact over the miles so much easier and more affordable than ever before.

 

Being apart does not have to be painful with the evolution of communication apps and features. Immigrants can show love and support for people back home by staying in touch, being involved, and sending financial assistance and packages.

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Image credit: Pixabay.com

 

I’m Diane Harrison, a former librarian of 15 years turned non-profit marketing guru. Although I’m no longer a librarian and have switched career gears completely, I’ve combined my passion for helping others as well as my writing and researching skills to gather helpful health information.

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Thanks, Dianne, for reaching out to our immigrant neighbors during these difficult times!

PWS

03-19-21

🛡🗽PROTECTING THE WORKERS WHO PROTECT US: Immigrants, Documented & Undocumented, Are The Core Of Our “Essential Workforce” That Has Carried Us Through The Pandemic — We Should Help Those Who Have Helped Us!

https://apple.news/A2LsyASukRaOXDQDOABC9cA

Jeremy Robbins writes in The Hill:

Before the inauguration, President Biden pledged a $1.9 trillion COVID-19 relief bill. Then, hours after he entered the Oval Office, he introduced an immigration bill, The U.S. Citizenship Act of 2021, which aims to put millions of undocumented immigrants on a pathway to citizenship. At first glance, these initiatives seem unrelated; in fact, they are deeply connected. Combining them is the best way to help us battle the COVID-19 pandemic and recover from the recession. Here’s why.

In the first wave of the COVID-19 pandemic, the United States and the world over learned a lesson about who was truly essential to the economy: the home health aides and nurses who care for the sick, the grocery and delivery workers who keep our stores and kitchens stocked, and the workers at our farms and food processing plants who keep our food supply chain from collapsing. These and so many other overlooked jobs — classified as “essential and critical” by the Department of Homeland Security — hold our society together, protect us, and make our economy work.

Large numbers of these essential workers are also undocumented immigrants. Over 78 percent of immigrants without legal status work in these fields, according to a report by UCLA’s Latino Policy and Politics Initiative. They’re not just risking their lives to keep American citizens safe and help rebuild our economy, but they do so without legal protections and under the constant fear of deportation. That’s inhumane. But it’s also dangerous for Americans. With hospitalizations of COVID-19 patients surpassing 52,000, Congress must follow the lead of countries like France and give these essential workers a fast track to the citizenship they deserve.

It’s no secret that immigrants are helping to keep us all afloat. Despite being just 13 percent of the population, immigrants make up 37 percent of all home health aides and almost one third of all physicians and psychiatrists. With a very real threat of meat and poultry shortages at the beginning of the pandemic, immigrants filled more than a third of the tough food processing jobs and nearly half of all farm jobs picking our fruits and vegetables. And as parents across the country are placed in the impossible situation of balancing full-time work and parenting during a pandemic, once again immigrants help shoulder the burden, making up more than 20 percent of all childcare workers in day care centers.

And yet, despite all of this, our federal government acted as though we didn’t need these workers. As the pandemic raged, millions of immigrants were explicitly left out of the CARES Act relief efforts, as were millions of their U.S. born children and spouses who were penalized for having an unauthorized immigrant in the family. Meanwhile, the Trump Administration sought to shut the border to immigrant workers and students, all but stopped processing citizenship applications and ended asylum for people fleeing horrific violence. It also fought unsuccessfully all the way to the Supreme Court for the right to end protections for Dreamers, tens of thousands of whom are essential health care workers.

So what would an effective federal response look like?

. . . .

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Read the rest of Jeremy’s article at the link for his ideas on how to join immigration reform with economic expansion. 

Makes sense to me!

PWS

02-28-21