HISTORY: CHINESE WORKERS MADE AMERICA GREAT BY BUILDING THE TRANSCONTINENTAL RAILWAY: Their “Reward” From A Racist Nation: Deportation, Exclusion, Bias!

https://www.washingtonpost.com/outlook/racists-deported-my-chinese-ancestor-he-still-loved-the-railroad-he-worked-on/2019/05/16/cac91328-75ac-11e9-b7ae-390de4259661_story.html

Ava Chin writes in the Washington Post:

One of the earliest stories I heard as a child was that my immigrant great-great-grandfather worked out West on the first transcontinental railroad. Yuan Son, along with tens of thousands of other Chinese workers, blasted tunnels, carved footholds and laid grade at death-defying heights through the most arduous parts of the Sierra Nevada, miraculously making it out alive. I envisioned him tough and swashbuckling — a cross between my tall, bartender grandfather, who often told me these stories while smoking a Marlboro in our home in Queens, and Yosemite Sam.

My great-great-grandfather and his fellow laborers toiled around the clock in rotating shifts, handling explosive nitroglycerine, blasting through miles of granite, hauling tons of rock and dirt, even in upwards of 30 feet of snow. They endured brutal working conditions we would consider unconscionable today to complete the most difficult sections through the Sierra Nevada — the same terrain that stopped the ill-fated Donner Party in its tracks — and finally out to Nevada and Utah’s blistering desert heat. They were paid less and worked longer hours than their Irish or American counterparts, and they had to provide their own food and accommodations. Although some claimed it could never be done, Yuan Son and other Chinese workers completed the task in record time.

It wasn’t until, as an adult, I traveled to Promontory Summit, Utah, and saw the site of the railroad’s completion with my own eyes that I realized the true weight of this legacy. The railroad is a complicated affair for Chinese American descendants like me: The greatest U.S. engineering feat of the 19th century may have physically unified the country when it was finished in 1869, but this new network of rail also brought scores of white workers to the West, many of whom grew resentful when they saw Chinese holding down jobs they considered rightfully theirs. Not 15 years after the completion of the railroad, this ire, coupled with a severe economic depression, helped usher in the Chinese Exclusion Act — the country’s first major federal law that limited immigration based on race, class and nationality — setting the tone for future wide-reaching restrictive immigration policies.

As a schoolgirl, I scanned the official photograph that came to symbolize the railroad’s completion — engineers shaking hands, flocks of laborers posing for the camera, the champagne toast, a carefully choreographed scene — more than 100 years later, searching for faces like my great-great-grandfather’s. Only white faces stared back. Chinese workers were written out of this triumphant American story.

Their contributions were already being erased when Chinese Exclusion was enacted, and soon followed by a tsunami of anti-Chinese violence that swept across much of the West — lynchings, expulsions, boycotts of Chinese businesses, politicians jumping on the bandwagon. Nativism was as popular and potent then as it is today. Yuan Son, now an entrepreneurial shop owner, had happily settled in Idaho, where, after the railroad’s completion, Chinese made up close to 30 percent of the population. Although he had been living in the country for almost 30 years, one day he was forced out of his home at gunpoint by a band of masked vigilantes.

Despite these hardships, Yuan Son resettled back into life in China and surprisingly spoke of the work he had done on the railroad with great pride. He even taught my grandfather his first words in English: “Central Pacific,” “Southern Pacific” and “Union Pacific.” My chain-smoking grandfather repeated these names back to me through his ringing Cantonese intonations, in our home half a world away, as if he were a conductor calling out stations.

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

Like it or not, supporting Trump means “buying in” to  his noxiously false “Whitebread” vision of America’s past and future. It is also to disingenuously decline to recognize our true immigrant heritage and the overwhelming contributions of immigrants of color, enslaved Americans, immigrant women, and native Americans in making America great.

Sadly, the Chinese weren’t the only ones “airbrushed out” of the triumphant picture of the Transcontinental Railroad’s completion. Blacks, women, and Native Americans also made major contributions while suffering disproportionately; yet, they also received little or no appreciation or recognition.

Here’s a “differently take” on the ‘golden spike ceremony.:”

PWS

05-31-19

CENTER FOR PUBLIC INTEGRITY: More Trump White Nationalist Lies Exposed: Facts Show That, Beyond The Compelling Legal & Humanitarian Reasons, Refugees & Asylees Are A HUGE Economic Benefit For The United States!

https://publicintegrity.org/immigration/data-defies-trump-claims-that-refugees-and-asylees-are-a-taxpayer-burden/

Madeline Buiano & Susan Ferriss report for the Center for Public Integrity

DATA DEFIES TRUMP’S CLAIMS THAT REFUGEES AND ASYLEES BURDEN TAXPAYERS

In this May 18, 2018, photo, Majed Abdalraheem, 29, a Syrian refugee and chef with meal delivery service Foodhini, prepares Moussaka, a grilled eggplant dish, at Union Kitchen in Washington. (AP Photo/Noreen Nasir)

Researchers found that between 2005 and 2014, refugees and asylees here from 1980 on contributed $63 billion more to government revenues than they used in public services.

In this post, we’re answering a question we received from Jen: What is the economic impact of refugees in the near and long term (transition time between needing assistance and adding to the economy)?

Since the beginning of his presidency, Donald J. Trump and top advisers have portrayed refugees and asylum seekers as a risky, undesirable demographic.

In 2016, Vice President Mike Pence tried to ban the resettlement of Syrian refugees while he was Indiana’s governor. A federal appeals court blocked the attempt, finding that Pence lacked evidence supporting claims that Syrian refugees were a threat to the people of Indiana. Trump, for his part, issued an order in March 2017 with language suggesting that refugees are a fiscal burden.

The order demanded that U.S. officials produce a report “detailing the estimated long-term costs of the United States Refugee Admissions Program at the Federal, State, and local levels, along with recommendations about how to curtail those costs.”

The draft report didn’t support that assumption of burden, though.

In fact, researchers found that during the 10 years between 2005 and 2014, refugees and asylees here from 1980 on contributed $63 billion more to government revenues than they used in public services. Senior administration officials, possibly including White House aide Stephen Miller, quashed the 55-page draft and submitted a three-page report instead, The New York Timesreported. Soon after, the White House released a fact sheetselectively borrowing from the draft report by noting that the U.S. “spent more than $96 billion on programs supporting or benefitting refugees between 2005 and 2014.”

There were no references to the $63 billion more in taxes that refugees put into public coffers than the value of the services they used.

This pattern of cherry picking one side of the ledger isn’t unusual for those seeking to bolster a political argument. Trump used similar cherry-picked numbers to link immigration, in general, with American wage decline and fiscal strain during his 2016 campaign, as the Center for Public Integrity reported previously.

Before diving deeper into fiscal research on refugees, though — including what the quashed draft report found in detail — it helps to understand how refugees and asylum seekers differ. Some fiscal studies, including the study Trump ordered, scrutinize both groups. It’s also helpful to understand the size of these groups compared to the U.S. population.

HOW DOES SOMEONE GAIN REFUGEE OR ASYLEE STATUS?

Refugees are fleeing persecution or war and are admitted from abroad. To vet them, U.S. officials are dispatched to interview candidates as part of a lengthy screening process. United Nations or U.S. embassy officials refer candidates to the U.S. State Department. Refugees often seek temporary shelter in neighboring countries to escape violence and threats. Many Syrian war refugees, for example, have fled to Turkey, Lebanon and Jordan. After intensive screening, approved refugees enter the U.S. with the help of resettlement organizations and must sign promissory notes to repay the U.S. government for travel costs. About 75 percent of loans are repaid within 15 years and 64 percent within five years, according to the U.S. State Department.

Asylum seekers claiming to be fleeing violence or persecution, by contrast, can present themselves at a U.S. port of entry and request to apply for asylum, as outlined in international treaties the U.S. has signed, as well as U.S. law. The law also allows foreigners to apply for asylum after they’re already inside the United States, whether they entered originally on visas or entered illegally, with some restrictions. Immigration judges review cases to determine whether the asylum applicant’s fear meets the criteria for granting refuge. Asylum seekers have a right to retain an attorney at their expense — or seek pro bono help — but they don’t have a right to an appointed attorney in proceedings.

In 2018, even as refugee numbers surged globally, the Trump administration capped refugee admissions at 45,000. Only 22,000 were ultimately admitted, mostly from the Democratic Republic of the Congo, Burma and Ukraine. Trump used his executive power to cap refugee admissions this year to a new low, for annual caps, of no more than 30,000. In 2016, under President Barack Obama, the U.S. admitted 85,000 refugees.

Trump has also sought to deter mostly Central American migrantswho are arriving often with children at the southern border and asking for asylum.

“The United States will not be a migrant camp and it will not be a refugee holding facility … not on my watch,” Trump said last year. In April of this year, after tweeting that the “country is full,” Trump unveiled an unprecedented proposal to require that asylum seekers pay an application fee. Trump argues that changes to the asylum system are needed because he believes that the vast majority of migrants are faking or exaggerating their fears — despite U.S. State Department recognition that murder rates, gang rapes and extortion are rampant in Central America, especially the main source countries of Honduras, Guatemala and El Salvador.

Refugees and asylees are a tiny fraction of the U.S. population, so it’s hard to credibly pin major national fiscal impact on either group.

Between 2009 and April 2019, a total of 648,482 refugees were admitted to the U.S., according to U.S. Department of State refugee data. That admissions total is equivalent to about 0.2 percent of the U.S. population of 328 million. Separately, between 2007 and 2017, a total of 263,215 people were granted asylum, according to the 2017 Yearbook of Immigration Statistics. That cumulative number is equivalent to about 0.08 percent of the U.S. population.

But isn’t there a backlog of asylum requests, potentially adding more people?

Yes. As of January 2019, 325,277 asylum request cases were pending. But even if all those cases were approved (they won’t be), that number would be equivalent to 0.1 percent of the U.S. population of 328 million. Further, if you were to multiply all those asylum cases by 10 — to account for an exaggerated number of family members who could benefit — that number would add up to the equivalent of 1 percent of the U.S. population.

But can’t refugees or asylees have a noticeable fiscal impact on communities, especially if the newcomers settle in groups, as immigrants often do? Yes. Let’s see what reputable studies show.

REFUGEES COME WITH NOTHING

Randy Capps is the director of research at the Migration Policy Institute, or MPI, a nonpartisan think tank based in Washington, D.C., that’s studied how refugees with a range of language skills and education integrate over time.

“Refugees come to the U.S. with nothing,” Capps said, but they “start making economic contributions right away and they’re not living off government assistance for very long.”

A 2015 MPI refugee-integration study found that between 2009 and 2011, the proportion of refugee men working was 7 percentage points higher than among their U.S.-born counterparts. Refugee women were as likely to work as U.S.-born women. Refugees’ income increased the longer they were in the country. The median income of refugees in the U.S. for at least 20 years was $31,000 higher than the median income of refugees here for five years or less.

MPI researchers also found that refugees’ use of public benefits decreases substantially over time.

Unlike other immigrants, refugees can access public health insurance and some other forms of aid when they arrive. Between 2009 and 2011, food-stamp assistance was a relatively high 45 percent for refugees for their first five years or less, the MPI study found. But food-stamp assistance fell to 16 percent among refugees here at least 20 years. Cash aid dropped from 7 percent to 2 percent for refugees in these same respective cohorts. And reliance on public health insurance fell from 24 percent to 13 percent.

Capps and his fellow authors suggested that providing English classes and job training for refugees while they’re still in camps undergoing the long vetting process could lead to even better outcomes. Ironically, the report also suggests, refugees’ high rate of employment in the U.S. could make it difficult for many to find the time to pursue more education to upgrade skills and earning potential.

Even so, as the Center reported in 2017, refugees are readily sliding into jobs in areas where labor is in short supply. Refugees from various countries are filling jobs at a Chobani facility in Twin Falls, Idaho, the world’s largest yogurt factory. And newly arrived refugees from rural areas of the Democratic Republic of the Congo and Asia are finding work at dairy farms.

In 2017, a draft of the refugee fiscal report that Trump had ordered was leaked to The New York Times, which posted it. The report was produced by the U.S. Department of Health and Human Services, whose Office of Refugee Resettlement is involved in refugee arrivals and initial integration. Research looked at both refugees and asylees.

Researchers looked at local, state and federal expenditures on refugees — as well as refugees’ tax contributions to those government coffers over the 10 years between 2005 and 2014.

The study found that 8 percent of refugees received Social Security or Social Security Disability benefits compared to 15 percent of the U.S. population. About 12 percent of refugees relied on Medicare benefits compared to 15 percent of the U.S. population.

On the other hand, 21 percent of refugees used SNAP, or food stamps, compared to 15 percent of the U.S. population. But only about 2.3 percent of refugees received TANF benefits, or cash aid, close to the same percentage as the U.S. population generally.

Overall, during the 10-year period, refugees and their non-refugee family members received $326 billion in government benefits and services, 60 percent from the federal government and 40 percent from state and local government. K-12 education accounted for 11 percent of expenditures on refugees. But that K-12 spending was only 0.4 percent of spending on K-12 nationally.

In the end, because of taxes they paid, refugees and their family members contributed more than $343 billion in revenue to federal, state and local coffers. On balance, refugees contributed $63 billion more than they received in benefits from various programs.

“In general,” researchers wrote, “after 10 years of residence those who entered the U.S. as refugees were similar to the U.S. population in terms of income and employment.”

The HHS draft also referenced research produced in various regions.

A 2012 analysis of the Cleveland, Ohio, area credited refugees with the creation of 650 jobs and $48 million worth of economic impact. A 2015 study of the Columbus, Ohio, area found that about 16,600 refugees supported more than 21,200 jobs and added $1.6 billion to the local economy.

Randy Capps of the Migration Policy Institute cautioned against putting too much faith in fiscal studies that zero in on costs alone. For example, the Federation for American Immigration Reform, or FAIR, a group that advocates slashing legal immigration, published a study in 2018 focusing on the first five years of refugee settlement and arguing that “the American taxpayer is being asked to feed, clothe and shelter” people with “few marketable job skills.”

In 2017, the Center for Public Integrity reported that U.S Department of Homeland Security staff were discussing adding an assessment of a refugee applicant’s “skills” to criteria that’s part of the foundation for the vetting process. The skills idea, confirmed by a Homeland Security spokesperson, upset U.S. refugee officers who screen applicants who’ve fled the trauma of war and persecution. It hasn’t gone anywhere.

“The [current] litmus test is: Does the person have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political

Adding a skills test would mark a profound change, Knowles said, for U.S. criteria developed in the wake of World War II, a time when the U.S. and other countries turned away some desperate Jewish refugees.

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

A number of things are absolutely clear: 1) refugees and asylees are a huge benefit to the United States from any legitimate perspective; 2) we could easily absorb everyone applying for asylum status right now; 3) there is no “invasion;” 4) the country is not “full;” 5) Trump, Pence, Miller, Cotton, Perdue, and the rest of their “White Nationalist Gang” are liars.

PWS

05-22-19

 

TRUMP WILL SUBMIT D.O.A. ELITIST PROPOSAL TO REPLACE REFUGEES & FAMILY IMMIGRANTS WITH SO-CALLED “MERIT BASED” IMMIGRANTS — Likely To Please Neither Dems Nor GOP Nativists!

https://www.wsj.com/articles/trump-to-launch-fresh-immigration-overhaul-bid-11557956429?emailToken=e91bcce392c236a27eb93bec537f274d3Xya4bEDbDZFodGbWxJ/4u0NUXuEAvnPgbSb156wwi6WWZEFlWQFJx37NiRp5fBg1aDR4xXis2M/73eDEh0S7VsigposAuJSIWJu7s2zRoE%3D&reflink=article_email_share

Louise Radnofsky and Natalie Andrews report for the WSJ:

WASH­ING­TON—Pres­i­dent Trump will make a fresh bid Thurs­day to re­make U.S. im­mi­gra­tion pol­icy, propos-ing an ex­pan­sion of skills-based visas off­set by new re­stric­tions on fam­ily mem­bers’ im­mi­gra­tion—a pro­posal likely to ig­nite a dis­pute over is­sues that di­vide po­lit­i­cal par­ties and the coun­try.

Mr. Trump is set to un­veil an im­mi­gra­tion plan de­vised in part by son-in-law and se­nior ad­viser Jared Kush­ner that in­cor­po-rates sev­eral ideas that have been gain­ing cur­rency in Re­pub­li­can cir­cles.

Chief among them: a bill crafted by con­ser­v­a­tive Re­pub­li­cans that would es­tab­lish a visa sys­tem pri­or­i­tiz­ing im­mi­grants based on cri­te­ria such as ed­u­ca­tion, Eng­lish-language abil­ity and high-pay­ing job of­fers.

The pro­posal also would elim­i­nate the di­ver­sity-visa lot­tery long de­rided by Mr. Trump as well as im­mi­gra-tion routes for fam­ily mem­bers such as sib­lings. More­over, it would limit the num­ber of refugees of­fered per­ma­nent res­i­dency to 50,000 a year.

. . . .

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

Those with WSJ access can read the complete article at the link.

More Trump “smoke and mirrors.” No, it isn’t about “diversity” as one Trump toady falsely claims. Trump eliminates the current diversity visas.

It’s largely about the (likely false) assumption by Trump and others in the GOP that they have cleverly defined “merit” in a restrictive way that will bring in more white, English-speaking, highly-educated individuals from Europe, Canada, Australia, New Zealand, etc. and fewer Africans, Hispanics, Haitians, and Syrians, etc.

Contrary to nativist expectations when the basic current system was enacted in 1965, “immigrants of color” have dramatically increased their share of legal immigration over the past half-century. That has led to a diverse, talented, innovative, dynamic, successful yet “less white” America. According to nativist stereotypes, dumping on family members and  refugees and increasing skill, educational, and English-language requirements will result in a “whiter” (that is “more meritorious”) immigrant population going forward.

However, like the nativists of 1965, Trump and his nativists might be surprised by the likely results of their own stereotypical assumptions. Actually, English-speaking immigrants from Africa, Haiti, the Middle East, Mexico, and Venezuela are among the highest skilled and best educated.

Of course, Trump’s elitist proposal also ignores that some of our greatest needs for immigrants pertain to important, but less glamorous, occupations for which neither education nor instant English language skills are a requirement. To keep our economy moving, we actually need more qualified roofers, construction workers, agricultural workers, child care workers, health assistants, security guards, janitors, landscapers, and convenience store operators than we do rocket scientists.

And, no, Tom Cotton and David Purdue, there aren’t enough “American workers” available to fill all these positions, even at greatly increased wages (which, incidentally, your fat cat GOP business supporters have no intention of paying anyway)! How high would the wages have to be to make guys like Cotton and Purdue give up their legislative sinecures (where they do nothing except show up for a few judicial votes on far right candidates scheduled by McConnell) and lay roofs correctly in 100-degree heat?

Rather than working against market forces to artificially restrict the labor supply, those wanting to improve wages and working conditions for American workers should favor higher minimum wages, aggressive enforcement of wage and hour and OSHA laws, and more unions. But, the GOP hates all of those real solutions.

The proposal also ignores “Dreamers,” which is sure to be a sore point with the Democrats. On the other side, it fails to sharply (and mindlessly) slash overall legal immigration levels as demanded by GOP nativists. While this proposal does not directly target children or dump on refugees from the Northern Triangle based on race and nationality, the ever slimier Trump sycophant Lindsey Graham has introduced a bill that promises to do both.

Beyond the purely humanitarian considerations, refugees make huge contributions to our economy and society.  So, why would we want to screw them over? Family immigrants arrive not only with skills, but with a “leg up”on adjustment and assimilation. So, why would we want to dump on them?

For the most part, this looks more like a Trump campaign backgrounder or a diversion from his endless stream of lies, unethical behavior, and downright stupid actions that are a constant threat to our national security. What it doesn’t look like is a serious bipartisan proposal to give America the robust, expanded, more realistic, market responsive legal immigration, asylum, and refugee systems we need to secure our borders from real dangers (which doesn’t include most asylum seekers and would-be workers) and move America forward in the 21st century. Without regime change and a sea change that would break the GOP’s minority hold on Congress through the Senate, immigration is likely to remain a mess.

PWS

05-17-19

 

 

WASHPOST: PROFESSOR LINDSAY MUIR HARRIS OF UDC LAW & JOAN HODGES WU OF THE ASYLUM SEEKERS ASSISTANCE PROJECT (“ASAP”) SPEAK OUT AGAINST TRUMP’S LATEST CRUEL & COUNTERPRODUCTIVE ATTACK ON VULNERABLE ASYLUM SEEKERS!

https://www.washingtonpost.com/outlook/2019/05/01/asylum-seekers-leave-everything-behind-theres-no-way-they-can-pay-trumps-fee/?utm_term=.f48b5ca8c238

Lindsay & Joan write:

On Monday evening, President Trump issued a memointended to make life more difficult for those seeking asylum in the United States. The memo calls for regulations that, among other things, require asylum seekers to pay a fee to apply for asylum and their first work permit, and denies work permits to immigrants who entered the United States without inspection, or “illegally.”

Since the creation of our asylum system, after the United States signed the Protocol to the Refugee Convention in 1968 and enacted its own Refugee Act in 1980, there has never been a fee to apply for asylum. Filing for asylum is free for a reason under U.S. law and in the vast majority of other countries: Seeking asylum is a human right.

There are already plenty of obstacles and limits to that right in our existing immigration system. For instance, asylum seekers have to wait to receive permission to legally work in the United States. Congress codified a waiting period for work permits for asylum seekers in 1996. Asylum seekers can apply for a work permit 150 days after they have submitted an application for asylum. The work permit is issued sometime after 180 days.

Introducing a fee to apply for asylum and to apply for the first work permit not only is cruel but also goes against common sense and U.S. economic interests. Asylum seekers typically cannot afford to pay even a nominal fee. Trump’s memo does not specify the fee amount, only that it would “cover the cost of adjudication.” But even the rumored $50 fee would be too high for any of our clients. All individuals present in the United States have a legal right to apply for asylum, and that legal right should not depend on ability to pay. Many asylum seekers flee their countries with nothing more than the clothes on their backs and the cash in their pockets. Other asylum seekers come with their life savings, which are often quickly depleted as they pay for living expenses awaiting adjudication of their asylum claims.

Years ago, one of us worked with one client who was homeless and lived in her car while she waited for her day in court. One of our current clients lives in a public storage locker because he cannot afford to pay rent. We have asylum-seeking clients who go hungry so that their children can eat, or who drink water to “feel full.” Other clients go without medication to treat chronic illnesses such as diabetes and high blood pressure because they lack health insurance and money to pay out of pocket for their medications. Asylum seekers are not a population with an ability to pay extraneous fees.

This new fee would also put asylum seekers further at risk of being exploited, or even physically harmed, abused or trafficked within the United States. Asylum seekers are already vulnerable to such predatory behavior. For example, years ago, one of us worked with a young woman from Niger who fled a forced marriage and female genital mutilation. As an asylum seeker in the United States, she had no way to provide for herself and found herself passed from one abusive situation to another. By the time she filed her asylum application, she had been repeatedly raped, held captive and forced to work in various homes. She was providing free child-care in exchange for lodging but forbidden from leaving the house.

And contrary to some misconceptions among the public (and the Trump administration), asylum seekers are generally ineligible for any form of federal or state aid. Indeed, even after they are granted asylum, they do not receive significant support from the government. Between paying for rent, food and other living expenses, and not being able to work for a significant period of time, how will asylum seekers pay the fee?

Asylum seekers, who have lost everything and been forced to leave their countries and start over in ours, have a tremendous amount to give to our communities if given the chance. Take Constance, for example, one of our West African clients. In 2015, while she was seeking asylum, she commuted two hours by bus each way to a factory to cut fruit during a 12-hour overnight shift. She now works as a French language newscaster for a major news and radio outlet. Another client is a microbiologist who worked waiting tables until he found a job directing a lab at a hospital. As one of our clients said: “I know I’ve lost my country, but I haven’t lost my skills. I can still contribute.” Requiring these individuals to remain idle while jobs go unfilled and immigration court and asylum office backlogs persist could mean years in limbo and is a waste of talent, expertise and the hard work asylum seekers contribute.

*****************************************
My good friends Lindsay and Joan are certainly two of the “good guys” — true role models for the “New Due Process Army.”
They have devoted their professional lives to making America a fairer and better place and helping the most vulnerable among us to have a fair shot at asylum and to contribute their full talents to our society. A terrific “win-win” for us and for asylum seekers. And they both work on “shoestring budgets” — giving much and asking little — just like the refugees they are helping!
What if we had a Government that recognized, honored, and worked with such talented folks to solve problems? Imagine what we could achieve with cooperation and positive efforts, involving real expertise from those who actually know and work with asylum seekers, and who therefore recognize asylum seekers as fellow human beings and great potential assets to our country?
PWS
05-03-19

TRUMP IS FULL OF IT, BUT OUR COUNTRY ISN’T – Outside The White Nationalist World, Nearly All Experts Agree That We Need More Immigration

https://www.nytimes.com/2019/04/09/upshot/trump-america-full-or-emptying.html

Neil Irwin & Emily Badger report for the NY Times:

Trump Says the U.S. Is ‘Full.’ Much of the Nation Has the Opposite Problem.

An aging population and a declining birthrate among the native-born population mean a shrinking work force in many areas.

President Trump has adopted a blunt new message in recent days for migrants seeking refuge in the United States: “Our country is full.”

To the degree the president is addressing something broader than the recent strains on the asylum-seeking process, the line suggests the nation can’t accommodate higher immigration levels because it is already bursting at the seams. But it runs counter to the consensus among demographers and economists.

They see ample evidence of a country that is not remotely “full” — but one where an aging population and declining birthrates among the native-born population are creating underpopulated cities and towns, vacant housing and troubled public finances.

Local officials in many of those places view a shrinking population and work force as an existential problem with few obvious solutions.

“I believe our biggest threat is our declining labor force,” said Gov. Phil Scott of Vermont, a Republican, in his annual budget address this year. “It’s the root of every problem we face.

“This makes it incredibly difficult for businesses to recruit new employees and expand, harder for communities to grow and leaves fewer of us to cover the cost of state government.”

Or if you look at a city like Detroit, “many of the city’s problems would become less difficult if its population would start growing,” said Edward Glaeser, a Harvard economist. “All sorts of things like the hangover pension liability become much more solvable if you’re actually looking at new people coming in.”

A road less traveled in Rutland, Vt., last spring. Vermont’s governor has described the state’s shrinking labor force as “at the root of every problem we face.” CreditCaleb Kenna for The New York Times
Image
A road less traveled in Rutland, Vt., last spring. Vermont’s governor has described the state’s shrinking labor force as “at the root of every problem we face.” CreditCaleb Kenna for The New York Times

This consensus is visible in official government projections. The Congressional Budget Office foresees the American labor force rising by only 0.5 percent a year over the coming decade, about one-third as fast as from 1950 to 2007. That is a crucial reason that economic growth is forecast to remain well below its late 20th-century levels.

And that, in turn, is reflected in the national fiscal outlook. There are now 2.8 workers for every recipient of Social Security benefits, a rate on track to fall to 2.2 by 2035, according to the program’s trustees. Many state pension plans face even greater demography-induced strains.

In smaller cities and rural areas, demographic decline is a fundamental fact of life. A recent study by the Economic Innovation Group found that 80 percent of American counties, with a combined population of 149 million, saw a decline in their number of prime working-age adults from 2007 to 2017.

Population growth in the United States has now hit its lowest level since 1937, partly because of a record-low fertility rate — the number of children born per woman. The United States increasingly has population growth rates similar to slow-growing Japan and Western Europe, with immigration partly offsetting that shift.

The Trump administration has portrayed the surge of asylum seekers at the southern border as a crisis, and applied aggressive tactics to deport undocumented immigrants already in the United States. But it has also announced plans to issue up to 30,000 additional H-2B visas for temporary workers.

“That immigrants keep showing up here is a testament to our freedom and the economic opportunity here,” said Matthew Kahn, an economist at the University of Southern California. If immigrants weren’t trying to come — if they believed the United States to be full — that would be a problem, Mr. Kahn said.

A particular fear, said John Lettieri, president of the Economic Innovation Group, is that declining population, falling home prices and weak public finances will create a vicious cycle that the places losing population could find hard to escape.

He proposes a program of “heartland visas,” in which skilled immigrants could obtain work visas to the United States on the condition they live in one of the counties facing demographic decline — with troubled counties themselves deciding whether to participate.

Although some of the areas with declining demographics are hostile to immigration, others, cities as varied as Baltimore, Indianapolis and Fargo, N.D., have embraced the strategy of encouraging it.

“One of the key solutions is to welcome immigrants into these communities,” said Brooks Rainwater, director of the National League of Cities’ Center for City Solutions.

Many parts of the country that are growing in population and that are more economically dynamic have depended on the arrival of immigrants for that success.

Sun Belt metros like Dallas and Phoenix have been built on the logic of rapid expansion — of quickly built homes, of poached employers, of new highways paved to ever-newer subdivisions. Their economic development strategy is growth. Their chief input is people — the more, the better.

“Growth cities need immigrants to continue their growth,” said Joel Kotkin, executive director of the Houston-based Center for Opportunity Urbanism, which promotes policies to help cities grow. “The older historically declining cities need immigrants to reinvigorate their economies. And the expensive cities need them because, frankly, white people, African-Americans and middle-class people are leaving for more affordable areas.”

As many industrial cities have lost population since the mid-20th century, Americans have built whole new metropolises on land that was virtually empty then. The Las Vegas metropolitan area, with more than two million people today, had barely 50,000 in 1950.

Still, only about 3 percent of the country’s land is urbanized.

America’s metropolitan areas remain among the least dense in the world, said Sonia Hirt, a professor of landscape architecture and planning at the University of Georgia. Nationwide, the United States has less than one-third of the population density of the European Union, and a quarter of the density of China.

“Factually speaking, the country is not actually full — that’s impossible,” Ms. Hirt said. “The real question is, if you continue on the current path of immigration, does this bring more benefits than it brings costs?”

Economists, too, argue that countries, or even cities, can’t really fill up. Rather, communities choose not to make the political choices necessary to accommodate more people. At the local level, that means neighbors may be unwilling to allow taller buildings or to invest in more schools or improved infrastructure. At the national level, it means that politicians may be unwilling to take up immigration reform, or to address workers who fear unemployment. The president’s comments echo such local fights.

“We’re full” has often been a motto for people to keep out poorer renters, minority households or apartment buildings, among both conservatives and liberals. The claim can be a way of disguising exclusion as practicality. It’s not that we’re unwelcoming; it’s just that we’re full.

When it comes to the economy, at least, the country looks more like one that is too empty than too full.

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

The White Nationalist agenda, which is being pushed not only by the White House but also by a number of GOP Senators and Representatives, prevents us from having the discussion we really must have: how many more individuals should we admit through our legal immigration system and how should we allocate those admissions to:

  • Best respond to market needs;
  • Reduce the need for a “black market system” that will continue to flourish as long as our system is out of whack with supply, demand, and humanitarian needs and obligations; and
  • Assist legitimate law enforcement by shifting the focus away from (often futile and always wasteful) efforts to prevent entry of those we should be welcoming through our legal immigration system.

PWS

04-10-19

 

TRUMP & HIS ENABLERS IGNORE THE REALITY THAT EVENTUALLY WILL DWARF HIS BOGUS BORDER CRISIS: “The UN estimates that by 2050, there will be 200 million people forcibly displaced from their homes due to climate change alone. . . . If we want people to be able to stay in their homes, we have to tackle the issue of our changing global climate, and we have to do it fast.”

https://www.theguardian.com/commentisfree/2019/apr/06/us-mexico-immigration-climate-change-migration?CMP=Share_iOSApp_Other

Lauren Markham reports for The Guardian:

The northern triangle of Central America, the largest source of asylum seekers crossing the US border, is deeply affected by environmental degradation

‘Comparing human beings to natural disasters is both lazy and dehumanizing.’
‘Comparing human beings to natural disasters is both lazy and dehumanizing.’ Photograph: Paul Ratje/AFP/Getty Images

Media outlets and politicians routinely refer to the “flood” of Central American migrants, the “wave” of asylum seekers, the “deluge” of children, despite the fact that unauthorized migration across the US borders is at record lows in recent years. Comparing human beings to natural disasters is both lazy and dehumanizing, but perhaps this tendency to lean on environmental language when describing migration is an unconscious acknowledgement of a deeper truth: much migration from Central America and, for that matter, around the world, is fueled by climate change.

Yes, today’s Central American migrants – most of them asylum seekers fearing for their lives – are fleeing gangs, deep economic instability (if not abject poverty), and either neglect or outright persecution at the hands of their government. But these things are all complicated and further compounded by the fact that the northern triangle of Central America – a region comprising Guatemala, El Salvador and Honduras, and the largest sources of asylum seekers crossing our border in recent years – is deeply affected by environmental degradation and the impacts of a changing global climate.

migration
Pinterest
‘Violence and environmental degradation are inextricably linked, and both lead to mass migration.’ Photograph: Pablo Cozzaglio/AFP/Getty Images

The average temperature in Central America has increased by 0.5C since 1950; it is projected to rise another 1-2 degrees before 2050. This has a dramatic impact on weather patterns, on rainfall, on soil quality, on crops’ susceptibility to disease, and thus on farmers and local economies. Meanwhile, incidences of storms, floods and droughts on are the rise in the region. In coming years, according to the US Agency for International Development, countries in the northern triangle will see decreased rainfall and prolonged drought, writ large. In Honduras, rainfall will be sparse in areas where it is needed, yet in other areas, floods will increase by 60%. In Guatemala, the arid regions will creep further and further into current agricultural areas, leaving farmers out to dry. And El Salvador is projected to lose 10-28% of its coastline before the end of the century. How will all those people survive, and where will they go?

This September, I travelled to El Salvador to report on the impacts of the US government’s family separation policy. I’d been to El Salvador many times before, but never to the Jiquilisco Bay, a stunning, shimmering and once abundant peninsula populated by mangroves and fishing communities and uncountable species of marine life. It is also one that, like many places in El Salvador, and like many places in the world, is also imperiled by climate change. Rising sea levels are destroying the mangrove forests, the marine life that relies on them, and thus the fishermen who rely on that marine life to feed themselves and eke out a meager economy.

I met a man there named Arnovis Guidos Portillo, a 26-year-old single dad. Many people in his family were fishermen, but they were able to catch fewer and fewer fish. The country’s drought and devastating rainfall meant that the area’s farming economy, too, was suffering. The land was stressed, the ocean was stressed, and so were the people. Arnovis got into a scuffle one day at a soccer game, which placed him on a hitlist with a local gang. He had been working as a day laborer here and there, but the drought meant there was less work, and it was hard to find work that didn’t require crossing into rival gang territory. If he did, he would be killed. So he took his daughter north to the United States, where border patrol agents separated them for two months, locking them up in different states and with zero contact.

desert
Pinterest
‘People really don’t want to leave their homes for the vast uncertainty of another land.’ Photograph: Martin Bernetti/AFP/Getty Images

Violence and environmental degradation are inextricably linked, and both lead to mass migration. An unstable planet and ecosystem lends itself to an unstable society, to divisions, to economic insecurity, to human brutality. When someone’s home becomes less and less livable, they move elsewhere. Wouldn’t each and every one of us do the same?

This week, the New Yorker’s Jonathan Blitzer published a series of pieces about the impacts of climate change in the Guatemalan highlands, where farmers are struggling to grow crops that they have been farming there for centuries. “In most of the western highlands,” Blitzer wrote, “the question is no longer whether someone will emigrate but when.” A few years ago, I reported from Guatemala’s dry corridor, several hours away from where Blitzer was reporting, where persistent drought had decimated the region’s agriculture, and particularly the coffee crop, on which roughly 90% of local farmers relied. It was a wildly different landscape from the one Blitzer described, but it faced the same problem: if you live in an agricultural zone, come from a long line of farmers and can’t reliably harvest your crops any more, what else is there to do but leave?

It’s abundantly clear that climate change is a driver of migration to the US – we have the data, we have the facts, we have the human stories. Still, the Trump administration has done nothing to intervene in this root cause. In fact, the US government has systematically denied the existence of climate change, rolled back domestic regulations that would mitigate US carbon emissions and thumbed its nose at international attempts – such as the Paris accords – to curb global warming.

Now, in his latest futile, small-minded and cruel attempt to cut migration off at the neck (something we know is not possible – an unhealthy societal dynamic must be addressed at the root, just like with a struggling tree or crop), Donald Trump announced last week that he would cut all foreign aid to the northern triangle. It’s a punitive move, and one that – just like building a wall, separating families, locking people up indefinitely, and refusing asylum seekers entry across the border – is a petty intimidation tactic that will do nothing to actually curb forced migration.

In fact, cutting aid to Central America will do quite the opposite, for as much waste and imperfections as there are in international aid, aid in Central America has been vital for creating community safety programs, job skills development and government accountability standards. It has also helped with drought mitigation and supporting climate-resilient agricultural practices. In other words, foreign aid to Central America – a place unduly hit by climate change – is supporting the kind of climate change resiliency that will keep people from having to leave in the first place.

Because people really don’t want to leave their homes for the vast uncertainty of another land, particularly when that land proves itself again and again to be hostile to migrants’ very existence. People don’t want to be raped along the route north, or die in the desert, or have their child ripped away from them by the border patrol, or be locked up indefinitely without legal counsel, without adequate medical care, with no idea what will happen to them and when. Who would risk this if things were OK back home? People like Arnovis leave because they feel like they have to.

Eventually Immigration and Customs Enforcement (Ice) officials convinced Arnovis to sign deportation papers with the promise that, if he did, he would be reunited with his daughter and returned to El Salvador. But he was shooed on to a plane back home without her. It took a tremendous amount of advocacy, but, after months locked up in the US, she, too was returned home. They are now back together, which is a good thing, but the fundamental problem hasn’t changed: he can’t find work. His society is ill. So is the planet, and the land and sea all around him.

Today, there are 64 million forced migrants around the world, more than ever before. They are fleeing war, persecution, disaster and, yes, climate change. The UN estimates that by 2050, there will be 200 million people forcibly displaced from their homes due to climate change alone.

Migration is a natural human phenomenon and, many argue, should be a fundamental right, but forced migration – being run out of home against one’s will and with threat to one’s life – is not natural at all. Today, whether we choose to see it or not, climate change is one of the largest drivers of migration, and will continue to be for years to come – unless we do something about it. If we want people to be able to stay in their homes, we have to tackle the issue of our changing global climate, and we have to do it fast.

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

Quote of the Day: “Comparing human beings to natural disasters is both lazy and dehumanizing.” 

One week ago, I was a guest participant in an Environmental Justice Seminar here at Lawrence University taught by Professor Jason Brozek of the Government Department. I was inspired by the students’ collective degree of knowledge, thoughtfulness, informed dialogue, and commitment to addressing this pressing problem. “Environmental Due Process” is certainly an important facet of the mission of the “New Due Process Army.”

PWS

04-08-19

JULIAN CASTRO: A Democrat With A Sane & Sound Immigration Plan!

https://www.julianforthefuture.com/news-events/people-first-immigration-policy/

 

People First Immigration Policy

People First Immigration Policy

Immigration Policy Summary

1. Reforming our Immigration System

  • Establish an inclusive roadmap to citizenship for undocumented individuals and families who do not have a current pathway to legal status, but who live, work, and raise families in communities throughout the United States.
  • Provide a pathway to citizenship for Dreamers and those under Temporary Protected Status and Deferred Enforced Departure, through the Dream and Promise Act of 2019, and defend DACA and TPS protections during the legislative process.
  • Revamp the visa system and strengthen family reunification through the Reuniting Families Act, reducing the number of people who are waiting to reunite with their families but are stuck in the bureaucratic backlog.
  • Terminate the three and ten year bars, which require undocumented individuals—who otherwise qualify for legal status—to leave the United States and their families behind for years before becoming citizens.
  • Rescind Trump’s discriminatory Muslim and Refugee Ban, other harmful immigration-related executive orders, racial profiling of minority communities, and expanded use of denaturalization as a frequently used course of action through the USCIS Denaturalization Task Force.
  • Increase refugee admissions, reversing cuts under Trump, and restoring our nation to its historic position as a moral leader providing a safe haven for those fleeing persecution, violence, disaster, and despair. Adapt these programs to account for new global challenges like climate change.
  • End cooperation agreements under Section 287(g) of the Immigration and Nationality Act and other such agreements between federal immigration enforcement agencies and state and local entities that erode trust between communities and local police.
  • Allow all deported veterans who honorably served in the armed forces of the United States to return to the United States and end the practice of deporting such veterans.
  • Strengthen labor protections for skilled and unskilled guest workers and end exploitative practices which hurt residents and guest workers, provide work authorization to spouses of participating individuals, and ensured skilled and unskilled guest workers have a fair opportunity to become residents and citizens through the Agricultural Worker Program Act.
  • Protect victims of domestic violence, sexual assault, and human trafficking, ensuring these individuals are not subject to detention, deportation, or legal reprisal following their reporting these incidents.

2. Creating a Humane Border Policy

  • Repeal Section 1325 of Immigration and Nationality Act, which applies a criminal, rather than civil, violation to people apprehended when entering the United States. This provision has allowed for separation of children and families at our border, the large scale detention of tens of thousands of families, and has deterred migrants from turning themselves in to an immigration official within our borders. The widespread detention of these individuals and families at our border has overburdened our justice system, been ineffective at deterring migration, and has cost our government billions of dollars.
    • Effectively end the use of detention in conducting immigration enforcement, except in serious cases.Utilize cost-effective and more humane alternatives to detention, which draw on the successes of prior efforts like the Family Case Management Program. Ensure all individuals have access to a bond hearing and that vulnerable populations, including children, pregnant women, and members of the LGBTQ community are not placed in civil detention.
    • Eliminate the for-profit immigration detention and prison industry, which monetizes the detention of migrants and children.
    • End immigration enforcement raids at or near sensitive locations such as schools, hospitals, churches, and courthouses.
  • Reconstitute the U.S. Immigration and Custom Enforcement (ICE) by splitting the agency in half and re-assigning enforcement functions within the Enforcement and Removal Operations to other agencies, including the Department of Justice. There must be a thorough investigation of ICE, Customs and Border Protection, and the Department of Justice’s role in family separation policies instituted by the Trump administration.
  • Reprioritize Customs and Border Protection (CBP) to focus its efforts on border-related activities including drug and human trafficking, rather than law enforcement activities in the interior of the United States. Extend Department of Justice civil rights jurisdiction to CBP, and adopt best practices employed in law enforcement, including body-worn cameras and strong accountability policies.
  • End wasteful, ineffective and invasive border wall construction and consult with border communities about repairing environmental and other damage already done.
    Properly equip our ports of entry, investing in infrastructure, staff, and technology to process claims and prevent human and drug trafficking.
  • End asylum “metering” and the ‘Remain in Mexico’ policy, ensuring all asylum seekers are able to present their claims to U.S.officials.
  • Create a well-resourced and independent immigration court system under Article 1 of the Constitution, outside the Department of Justice, to increase the hiring and retention of independent judges to adjudicate immigration claims faster.
  • Increase access to legal assistance for individuals and families presenting asylum claims, ensuring individuals understand their rights and are able to make an informed and accurate request for asylum. Guarantee counsel for all children in the immigration enforcement system.
  • Protect victims of domestic and gang violence, by reversing guidance by Attorney General Jeff Sessions that prohibited asylum claims on the basis of credible fear stemming from domestic or gang violence.

3. Establishing a 21st Century ‘Marshall Plan’ for Central America

  • Prioritize high-level diplomacy with our neighbors in Latin America, a region where challenges in governance and economic development have consequences to migration to the United States, U.S. economic growth, and regional instability.
  • Ensure higher standards of governance, transparency, rule-of-law, and anti-corruption practice as the heart of U.S. engagement with Central America, rejecting the idea that regional stability requires overlooking authoritarian actions.
  • Enlist all actors in Central America to be part of the solution by restoring U.S. credibility on corruption and transparency and encouraging private sector, civil society, and local governments to work together – rather than at cross purposes – to build sustainable, equitable societies.
  • Bolster economic development, superior labor rights, and environmentally sustainable jobs, allowing individuals to build a life in their communities rather than make a dangerous journey leaving their homes.
  • Ensure regional partners are part of the solution by working with countries in the Western Hemisphere to channel resources to address development challenges in Central America, including through a newly constituted multilateral development fund focused on sustainable and inclusive economic growth in Central America.
  • Target illicit networks and transnational criminal organizations through law enforcement actions and sanctions mechanisms to eliminate their ability to raise revenue from illegal activities like human and drug trafficking and public corruption.
  • Re-establish the Central American Minors program, which allows individuals in the United States to petition for their minor children residing in Central America to apply for resettlement in the U.S. while their applications are pending.
  • Increase funding for bottom-up development and violence prevention programs, including the Inter-American Foundation, to spur initiatives that prevent violence at the local level, support public health and nutrition, and partner with the private sector to create jobs.

 

Finally a thoughtful, empirically-based, plan that stops wasting money, harming people, and limiting America’s future:  Moving us forward rather than “doubling down” on all of the worst failures and most dismal mistakes of the past.
Castro’s plan echoes many of the ideas I have been promoting on immigrationcourtside.com and reflects the “battle plan” of the “New Due Process Army.”  Most important, it establishes an independent Article I U.S. Immigration Court, the key to making any reforms effective and bringing back the essential emphasis on fulfilling our Constitutional requirement to “guarantee fairness and Due Process for all.”
While stopping short of recommending “universal representation,” something I would favor, Castro does:
  • Recognize the importance of increasing, rather than intentionally limiting access to counsel;
  • Promote “know your rights” presentations that help individuals understand the system, its requirements, their responsibilities, and to make informed decisions about how to proceed; and
  • Universal representation for children in Immigration Court (thus, finally ending one of the most grotesque “Due Process Farces” in modern U.S. legal history).
So far, Castro remains “below the radar” in the overcrowded race to be the 2020 Democratic standard-bearer. But, even if his presidential campaign fails to “catch fire” his thoughtful, humane, practical, and forward-looking immigration agenda deserves attention and emulation.
Many thanks to Nolan Rappaport for passing this along.
PWS
04-03-19

TRUMP’S LATEST ATTACK ON AMERICA, DUE PROCESS, & OUR CONSTITUTON! – Let’s Get Rid Of Judges!

https://apple.news/AIKJMMrCQT0-3ex8Gf1TDyA

CBS News reports:

President Trump reiterated a threat to close the U.S.-Mexico border after a meeting at the White House on Tuesday, saying he stands ready to take drastic action if the country doesn’t do more to curb illegal immigration. He also railed against the U.S. immigration system and said he wants to “get rid” of immigration judges who hear migrants’ cases.

“Security is more important to me than trade,” Mr. Trump said when asked about the severe economic impact of closing the border. “We’ll have a strong border or we’ll have a closed border.”

The president spoke after meeting in the Oval Office with Jens Stoltenberg, the secretary general of the North Atlantic Treaty Organization (NATO).

Last week, Mr. Trump tweeted threats to close the border if Mexico doesn’t do more to cooperate with the U.S. and slow the flow of migrants. But the commander-in-chief appeared to shift that timeline Tuesday, saying Mexico is assisting the U.S. more than it was even a few days ago. The president said he’s still “totally prepared” to close the border if necessary.

Along with a list of frustrations over immigration, however, Mr. Trump included immigration judges. U.S. immigration court backlogs are at all-time highs, with not enough judges to adjudicate the cases. That problem was exacerbated by the government shutdown earlier this year.

“We need to get rid of chain migration, we need to get rid of catch and release and visa lottery, and we have to do something about asylum. And to be honest with you, have to get rid of judges,” Mr. Trump said in his laundry list of frustrations with the U.S. immigration system.

Mr. Trump also walked back his insistence that the Republican Party will imminently introduce a new health care plan. Overnight, the president tweeted he would wait to hold a vote on his yet-to-be-envisioned health care plan until after the 2020 election. On Tuesday, the president said he will bring forth a plan “at the appropriate time.”

“We don’t have the House,” Mr. Trump said about the delay, which came after he said the Republican Party will become the “party of health care.”

Republicans failed to repeal and replace Obamacare in the two years they held the House and Senate.

Stoltenberg’s visit came as Mr. Trump tries to decrease the U.S. footprint abroad with his “America First” foreign policy. Mr. Trump has urged other NATO nations to increase their defense spending to agreed-upon levels, a stance many see as positive, but on Tuesday the president said defense spending will need to go higher than 2 percent. Currently NATO members agree to spend at least 2 percent of GDP on defense, but Mr. Trump, in a meeting alongside the secretary general, said that figure “may have to go up.”

Meanwhile, Mr. Trump’s close relationships with North Korean leader Kim Jong Un and Russian President Vladimir Putin while criticizing U.S. allies has made some ally NATO nations distance themselves from the U.S. Last year, for instance, German Chancellor Angela Merkel said Germany can’t rely “on the superpower of the U.S.” any longer to bring order to the world.

Before he became president, Mr. Trump declared NATO “obsolete.” He later revised that statement, saying he no longer believes that to be the case.

“I said it was obsolete. It’s no longer obsolete,” Mr. Trump declared during Stoltenberg’s visit in 2017.

When NATO was founded in 1949, there were 12 ally nations. Now there are 29. Last month, Mr. Trump suggested perhaps Brazil could be a part of NATO, though Brazil is largely in the southern hemisphere.

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

Trump simply doesn’t care about the Constitution or Due Process of law (except where he, his family, and their corrupt cronies are involved). Migrants seeking to apply for legal protections under our laws aren’t a security problem; Trump is! And, the idea that closing the border wouldn’t cause both an economic catastrophe and threaten our security just shows what an absurdist presidency Trump has foisted on the majority of Americans who did not want him in office in the first place.

PWS

04-02-19

HEEDING OUR HISTORY: Despite Contemporary Fears & Resentment, America’s Huge Wave Of Non-Western European Immigration From 1850-1920 Fueled Unprecedented Prosperity With Minimal Long-Term Social Disruption

https://apple.news/A4lCLFhuEOqmItxq2NixrXQ

Carly Cassella for ScienceAlert:

Over a hundred years ago, from 1850 to 1920, the United States of America experienced a wave of mass migration like never before – the highest levels in its history.

While the topic of immigration remains a divisive issue to this day, we now have some interesting evidence to add to the mix. A new study has found that US counties with more historical immigration enjoy better economies.

“While previous waves [of immigrants] were primarily from western Europe, the new wave included large numbers of immigrants from southern, northern, and eastern Europe who spoke different languages and had different religious practices.”

Today, if it weren’t for that huge wave, some parts of the US would look far less fortunate.

Not only has immigration increased individual incomes in these counties, the study found it has also reduced unemployment and poverty while improving education and populating urban areas.

What’s more, the sudden influx of eastern, northern and southern Europeans did not somehow unbalance the social fabric of the country.

The researchers found no evidence that historical immigration affects social capital, voter turnout, or crime rates.

“What is fascinating is that despite the exceptionalism of this period in US history, there are several important parallels that one could draw between then and now,” says development economics research Sandra Sequeira from The London School of Economics and Political Science.

Examining data from a panel of US counties from 1850 to 1920, the researchers estimated the percentage of people with foreign descent born every decade.

Because immigrants usually travelled by rail to their destinations, the researchers focused their attention along the country’s train network. Their findings reveal that soon after the arrival of immigrants, these regions experienced an industrial boom and long-term prosperity.

Nearly a hundred years later, these counties are still enjoying enormous economic benefits. Using this historical data, the researchers suggest that on average, when the number of immigrants in a county went up by just 4.9 percent, it increased the average income by 13 percent today.

Of course, it also completely rearranged American society. Between 1880 and 1914, over 20 million Europeans migrated to the US, at a time when the country only had 75 million residents.

Still, it’s an example of how change, even when it’s disruptive, can have beneficial effects in the long term. While it’s true that this wave of immigration did spur a short-term ant-immigration backlash – both politically and socially – in the long run, the economic benefits appear to far outweigh the social costs, which tend to fade with time.

Sure, the mass wave of immigration that occurred nearly a century ago was under different circumstances, but even still, the authors think it might be relevant now.

“There is much to be learned from taking a longer perspective on the immigration debate,” says Sequeira.

This study has been published in the Review of Economic Studies.

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

How quickly we forget our own history and what made America grow and prosper. That’s particularly true when we are “led” by a kakistocracy that glories in disrespecting knowledge, truth, and our history as a nation of immigrants.

03-28-19

TAL @ SF CHRON: Trump Administration Attacks “The Best & Brightest” With War On Spouses Of High Skill Workers!

 

https://www.sfchronicle.com/business/article/Trump-administration-begins-effort-to-strip-work-13634442.php

Trump administration begins effort to strip work permits for immigrant spouses

By Tal Kopan

WASHINGTON — After nearly two years of delays, the Trump administration is moving ahead with its plan to strip work permits for the spouses of many high-skilled visa holders, an effort that could jeopardize tens of thousands of immigrants families in California alone.

Rolling back the permits could have sweeping consequences for the Bay Area, where tech companies heavily rely on high-skilled immigrants. Many of those workers come to the U.S. with spouses and children, and the loss of the spousal work permits could imperil many families’ ability to stay in the country or be convinced to come work here.

The step forward for the regulation comes as a federal appeals court ran out of patience with the administration’s delays in issuing it.

The proposed regulation was officially sent to the White House for review on Wednesday, a government database shows. The procedural step means that the Department of Homeland Security has completed its work on the policy and is ready for its official publication. The White House will now put the regulation through review with other agencies, a process that can take anywhere from days to months, depending on the complexity of the regulation.

At issue are work permits for nearly 100,000 immigrants who are here with spouses working on a high-tech visa and seeking a green card. (Spouses and children of H-1B visa holders have H-4 visas granting residence.) The largest share of those, nearly 30,000 of them, live in California, according to a Congressional Research Service report.

In 2015, the Obama administration created the H-4 employment authorization document, or H-4 EAD as it’s commonly known, to allow those spouses to work until the family can get green cards. Getting those permanent residency permits is a process that can often take many years, especially for immigrants of countries like India and China that send a lot of high-skilled talent to the U.S. In the meantime, their spouses are unable to work legally in the U.S. unless they have an employer who can separately sponsor them for a visa.

Since going into effect, there have been more than 90,000 immigrants approved for work permits under the program.

President Trump pledged early on to rescind the H-4 permit program, but the administration has been delayed in doing so. As it continued to promise the regulation would eventually come, a lawsuit challenging the program has been on hold in the courts.

That changed in December, when the D.C. Circuit Court of Appeals stopped granting the Department of Homeland Security extensions and ordered that the case proceed. A group of technology workers called Save Jobs USA who argue the program jeopardizes American jobs sued the Obama administration and, after losing in D.C. federal court, appealed the case. The Trump administration after taking power had successfully had it postponed until December.

The reasons for the delay, and sudden step forward, are not entirely clear. Government lawyers had assured the court the rule was being written and reviewed, it was just taking time. In September, the lawyers had predicted a rule would be out in three months. The first briefs in the case are due in March.

Experts suspect that with the government finishing a separate rule blocking immigrants who might use public benefits, and with the lawsuit moving forward, the work was expedited. Once the rule is published, the government could argue the court should indefinitely postpone the lawsuit, as the underlying regulation is being rewritten. That would avoid the chance that the appellate court decides the program is legal, setting a precedent contrary to the objectives of the Trump administration.

“The agency doesn’t want to risk having a judicial ruling that would go against it,” said Natalie Tynan, an attorney with Hunton Andrews Kurth who worked in the Department of Homeland Security for over 11 years. “In general from an agency’s perspective, the agency prefers to issue its regulations rather than have the courts opine on what the regulations should say. So any opportunity to moot out litigation is a positive one for the agency.”

Fifteen members of California’s Congressional delegation signed a letterurging the Trump administration to preserve the permit program last year. They included Reps. Anna Eshoo, D-Palo Alto, Zoe Lofgren, D-San Jose and Ro Khanna, D-Fremont. Eshoo and Lofgren introduced legislation late last year to keep the H-4 program in place.

U.S. Citizenship and Immigration Services, the agency within the Department of Homeland Security that manages the program, said the agency is “committed to upholding our nation’s immigration laws, helping ensure they are faithfully carried out, and safeguarding the integrity of our immigration system designed to protect the wages and working conditions of U.S. workers,” according to spokeswoman Jessica Collins.

She would not comment on the substance of the regulation, but noted that nothing would be final until the regulatory process is complete.

Once the White House signs off on the draft regulation, it will be published in the Federal Register. That will start a clock on a comment period, usually 30 to 90 days, after which the administration legally has to review the comments and make any necessary revisions. Only after that can the regulation be finalized, and litigation could potentially hold it up for months or years longer.

Still, the uncertainty of future job status and symbolism of the proposal from the Trump administration could have immediate ripple effects for families that rely on the visas and the companies that are already struggling to attract top talent.

“If you have 100,000 people who are extremely well-educated and on the path to getting green cards, and are either indirectly stimulating economic growth or directly creating jobs for native-born Americans by starting companies in this country, why would you pull out the rug from all these people?” said Doug Rand, co-founder of Boundless, a tech startup designed to help immigrants navigate the legal system. Rand also worked on the original H-4 regulation in the Obama administration.

Rand pointed out that by rule, only families already approved for green cards qualify for the work visa, meaning the government has already determined there are no Americans who could be working the high-skilled job. The spouses are only ineligible for work because of the lengthy backlog that exists for countries including India.

More than 93 percent of those affected are women, which especially concerns advocates. Lofgren has also co-authored legislation that would eliminate per-country green card caps, helping to alleviate the backlog.

“It undermines the agency and dignity of these spouses and it harms their career prospects, it leaves them less empowered to leave abusive situations,” said Amanda Baran, an attorney and advocate with the San Francisco-based Immigrant Legal Resource Center and a veteran of the Department of Homeland Security.

“It limits the success of women,” Baran continued. “I feel like it’s just another part of Trump’s larger agenda, which is to expel immigrants, prevent them from coming in and make life uncomfortable for them here and compel them to leave.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

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

So much for the Trump Administration’s bogus claim that it favors legal immigration or wants a “merit based” immigration system. No, “White Nationalist Nation” is staunchly xenophobic.  But, they often choose to lie about that, like most other things.

The Trumpsters actually probably can convince high-skilled workers who contribute to our society and our economy to take their skills elsewhere: Canada, China, Mexico, etc.

PWS

02-23-19

16 STATES SUE TRUMP ON BOGUS NATIONAL EMERGENCY — Nolan Says Trump Ultimately Likely To Prevail — “Slate 3” Appear To Agree!

https://www.washingtonpost.com/national/health-science/coalition-of-states-sues-trump-over-national-emergency-to-build-border-wall/2019/02/18/9da8019c-33a8-11e9-854a-7a14d7fec96a_story.html

Amy Goldstein reports for WashPost:

A coalition of 16 states filed a federal lawsuit Monday to block President Trump’s plan to build a border wall without permission from Congress, arguing that the president’s decision to declare a national emergency is unconstitutional.

The lawsuit, brought by states with Democratic governors — except one, Maryland — seeks a preliminary injunction that would prevent the president from acting on his emergency declaration while the case plays out in the courts.

The complaint was filed in the U.S. District Court for the Northern District of California, a San Francisco-based court whose judges have ruled against an array of other Trump administration policies, including on immigration and the environment.

Accusing the president of “an unconstitutional and unlawful scheme,” the suit says the states are trying “to protect their residents, natural resources, and economic interests from President Donald J. Trump’s flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution.”

. . . .

Read the rest of Amy’s article at the above link.

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

But, over at The Hill, Nolan Rappaport predicts that Trump ultimately will prevail:

Family Pictures

Nolan writes:

House Speaker Nancy Pelosi (D-Calif.) and Senate Democratic Leader Chuck Schumer claim that President Donald Trump’s Southern Border National Emergency Proclamation is an unlawful declaration over a crisis that does not exist, and that it steals from urgently needed defense funds — that it is a power grab by a disappointed president who has gone outside the bounds of the law to try to get what he failed to achieve through the constitutional legislative process.
In fact, this isn’t about the Constitution or the bounds of the law, and — in fact — there is a very real crisis at the border, though not necessarily what Trump often describes. It helps to understand a bit of the history of “national emergencies.”
As of 1973, congress had passed more than 470 statutes granting national emergency powers to the president. National emergency declarations under those statutes were rarely challenged in court.
Youngstown Sheet & Tube Co. v. Sawyer, which was decided in 1952, the Supreme Court overturned President Harry S. Truman’s proclamation seizing privately owned steel mills to preempt a national steelworker strike during the Korean War. But Truman didn’t have congressional authority to declare a national emergency. He relied on inherent powers which were not spelled out in the Constitution.
Trump, however, is using specific statutory authority that congress created for the president.
In 1976, Congress passed the National Emergencies Act (NEA), which permits the president to declare a national emergency when he considers it appropriate to do so. The NEA does not provide any specific emergency authorities. It relies on emergency authorities provided in other statutes. The declaration must specifically identify the authorities that it is activating.
Published originally on The HIl.
****************************
While many of us hope Nolan is wrong, his prediction finds support from perhaps an odd source: these three articles from Slate:

Nancy Pelosi Put Her Faith in the Courts to Stop Trump’s Emergency Wall

Big mistake.

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

Trump Is Trying to Hollow Out the Constitutional System of Checks and Balances

The other two branches might let him.

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

JURISPRUDENCE

Trump Isn’t Just Defying the Constitution. He’s Undermining SCOTUS.

The president defended his national emergency by boasting that he’ll win at the Supreme Court because it’s full of his judges.

********************************************
We’ll see what happens.  While the arguments made by Trump in support of his “Bogus National Emergency” were  totally frivolous (and, perhaps, intentionally so), the points made by Rappaport, Hemel, Shane, and Lithwick aren’t. That could spell big trouble for our country’s future!
Trump doesn’t have a “sure fire legal winner” here; he might or might not have the majority of the Supremes “in his pocket” as he often arrogantly and disrespectfully claims. Nevertheless, there may be a better legal defense for the national emergency than his opponents had counted on.
Certainly, Trump is likely to benefit from having a “real lawyer,” AG Bill Barr, advancing his White Nationalist agenda at the “Justice” Department rather than the transparently biased and incompetent Sessions. While Barr might be “Sessions at heart,” unlike Sessions he certainly had the high-level professional legal skills, respect, and the “human face” necessary to prosper in the Big Law/Corporate world for decades.
Big Law/Corporate America isn’t necessarily the most diverse place, even today. Nevertheless, during my 7-year tenure there decades ago I saw that overt racism and xenophobia generally were frowned upon as being “bad for business.” That’s particularly true if the “business” included representing some of the largest multinational corporations in the world.
Who knows, Barr might even choose to advance the Trump agenda without explicitly ordering the DOJ to use the demeaning, and dehumanizing term “illegals” to refer to fellow human beings, many of them actually here with Government permission, seeking to attain legal status, and often to save their own lives and those of family members, through our legal system.
Many of them perform relatively thankless, yet essential, jobs that are key to our national economic success. Indeed, it’s no exaggeration to say that like the Trump Family and recently exposed former U.N Ambassador nominee Heather Nauert, almost all of us privileged and lucky enough to be U.S. citizens who have prospered from an expanding economy have been doing so on the backs of immigrants, both documented and undocumented. Additionally, migrants are some of the dwindling number of individuals in our country who actually believe in and trust the system to be fair and “do the right thing.”
But, a change in tone, even if welcome, should never be confused with a change in policy or actually respecting the due process rights of others and the rule of law as applied to those seeking legally available benefits in our immigration system. That’s just not part of the White Nationalist agenda that Barr so eagerly signed up to defend and advance
It’s likely to a long time, if ever, before “justice” reasserts itself in the mission of the Department of Justice.
PWS
02-19-19

NOTE: An earlier version of this post contained the wrong article from Dahlia Lithwick.  Sorry for any confusion.


COLBY KING @ WASHPOST: The “Original Dreamers” Were Disenfranchised African Americans! — “That fight must continue on behalf of today’s dreamers, the disenfranchised, the demeaned and left out, and all freedom-loving people in this nation.“

https://www.washingtonpost.com/opinions/the-black-men-of-the-civil-war-were-americas-original-dreamers/2019/02/15/8c00088e-30a8-11e9-813a-0ab2f17e305b_story.html

Colby King writes in WashPost:

Today, a wall looms large in my thoughts. It isn’t the structure President Trump has in mind for our southern border. I’m thinking of the Wall of Honor at the African American Civil War Memorial, located at Vermont Avenue and U Street NW.

Listed on the wall are the names of 209,145 U.S. Colored Troops who fought during the Civil War. One of those names is that of Isaiah King, my great-grandfather.

I think of those courageous black men as America’s original “dreamers.”

Today’s dreamers are in their teens and 20s, having arrived in this country as children. King’s generation of dreamers were former slaves or descendants of slaves brought to these shores against their will.

However, the black men who fought in the Civil War had the same status as today’s dreamers: noncitizens without a discernable path to citizenship.

My great-grandfather was born in the slave-holding city of Washington in 1848, but his mother was a freed woman. She moved the family to New Bedford, Mass., when he was 4. Around the time of his 17th birthday, Isaiah King enlistedin the 5th Massachusetts Cavalry (Colored), thinking, “I would have it easier riding than walking,” he told the New Bedford Evening Standard in an interview on the eve of Memorial Day services in 1932.

Black men such as my great-grandfather signed on to fight for a Union in which the right to citizenship was reserved for white people. The Supreme Court ruled in Dred Scott v. Sandford, in 1857, that black people were not citizens of the United States. Putting it bluntly, the high court said black people were “so far inferior that they had no rights which the white man was bound to respect.”

In his book “The Fifth Massachusetts Colored Cavalry in the Civil War,” Steven M. LaBarre cited the first disparity: It was enshrined in the Second Confiscation and Militia Act of July 17, 1862, which authorized recruitment of black men into the Union army. The law stated that a “person of African descent [of any rank] . . . shall receive ten dollars per month . . . three dollars of which monthly pay may be in clothing.” White privates at the time received $13 per month plus a $3.50 clothing allowance. It wasn’t until July 15, 1864, that Congress granted equal pay to black soldiers.

Yet, serve they did.

As evidence of the regard in which they were held, LaBarre quoted Massachusetts Gov. John Albion Andrew’s commendation of the 5th Massachusetts Cavalry when it was launched: “In this hour of hope for our common country and for themselves; at a time when they hold the destiny of their race in their own grasp; and when its certain emancipation from prejudice, as well as slavery, is in the hands of those now invited to unite in the final blow which will annihilate the rebel power, let no brave and strong man hesitate. One cannot exaggerate the call sounding in the ears of all men, in whose veins flows the blood of Africa, and whose color has been the badge of slavery. It offers the opportunity of years, crowded into an hour.”

According to National Archives, by the end of the Civil War, roughly 179,000 black men were serving as soldiers — 10 percent of the Union army — and 19,000 served in the Union navy. Nearly 40,000 black soldiers died over the course of the war — 30,000 of infection or disease. By war’s end, 16 black soldiers had been awarded the Medal of Honor .

King came back to the capital in May 1864 as a private with the 5th Massachusetts Cavalry to defend the city against attack by Confederate troops. His unit participated in the Siege of Petersburg. They guarded Confederate prisoners at Point Lookout, Md. And his unit was among the first Union regiments to enter Richmond, capital of the dying Confederacy, on April 3, 1865.

The Civil War ended, but not his service. Three months later, the 5th Massachusetts Cavalry was sent to Texas to defend against threats from Mexico. (Sound familiar?) He was mustered out of service on Oct. 31, 1865, at Clarksville, Tex. — still not a citizen of the United States.

The men with names on the African American Civil War Memorial’s Wall of Honor fought and died to end two centuries of slavery, without being able to count democracy as their own.

For their descendants, the fight for full rights, for full participation in every part of our democracy, goes on.

That fight must continue on behalf of today’s dreamers, the disenfranchised, the demeaned and left out, and all freedom-loving people in this nation.

Read more from Colbert King’s archive.

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

Thanks, Colby, for putting the current plight of “Dreamers” (and I might add refugees and other migrants who are serving, contributing, and building our society despite their disenfranchisement and the government-sponsored dehumanization being inflicted upon them) in the historical context of the fight for civil rights and human dignity in America.

That’s why the “21st Century Jim Crows” like Trump, Sessions, Stephen Miller, Sen. Tom Cotton, Rep. Steve King, and others (largely associated with the GOP) are so pernicious. Like the “Jim Crows of the past,” these guys use degrading racial stereotypes, intentionally false narratives, and bogus “rule of law” arguments to generate hate and bias, sow division, and use the law to suppress and violate rights rather than advancing them.

While sycophant DHS Sec. Kirstjen Nielsen does not appear to be an “ideological racist,” her mindless and disingenuous parroting of the Trump White Nationalist “party lies” and “enforcement” (read “de-humanization”) agenda certainly makes her a “functional racist.”

It’s quite outrageous and dangerous that individuals with these types of views have been elevated to powerful public offices in the modern era, after the death of Rev. Martin Luther King, Jr. When will we ever learn, when will we ever learn?

PWS

02-16-19

AOC & CO. ARE RIGHT TO SPEAK OUT ON INEFFECTIVE, INHUMANE, WASTEFUL, OFTEN ILLEGAL DHS POLICIES DRIVEN BY A WHITE NATIONALIST AGENDA – But, They Might Be Better Served By Holding Their Fire For Meaningful Oversight & The Next Budget Cycle – Like It Or Not, DHS Is Here & Isn’t Going Anywhere & We Do Need An Orderly System For Controlling Migration & Processing Refugees At Our Border!

https://www.wsj.com/articles/liberals-urge-democrats-to-take-a-hard-line-on-border-11549323945

Kristina Peterson & Louise Radnofsky report for the WSJ:

WASHINGTON—House Democratic leaders held firm through the five-week government shutdown that ended last month. Still, the party’s liberal wing is keeping up pressure on leadership as negotiations over a border-security deal heat up.

A group of liberal House Democrats and advocacy groups are urging Democrats in a bipartisan negotiating committee to refuse further funding for the Homeland Security Department, which oversees the border with Mexico. The group’s 17 lawmakers have less than two weeks to reach a deal before government funding expires again.

President Trump has said several times he is pessimistic lawmakers can reach a deal that he would accept, and he has threatened to take action to build his long-promised border wall on his own, including possibly declaring a national emergency.

Congressional leaders have been optimistic the group of House and Senate lawmakers can reach an agreement, but any bipartisan deal is unlikely to appease some in the party’s left wing.

A letter to House Democrats, written by freshman Democratic Reps. Ayanna Pressley of Massachusetts, Ilhan Omar of Minnesota, Rashida Tlaib of Michigan and Alexandria Ocasio-Cortez of New York, and signed by at least three others, criticizes Homeland Security for practices including prosecution and detention of immigrants.

The department and its frontline enforcement units—Immigration and Customs Enforcement and Customs and Border Protection—have become high-profile targets as they implement the Trump administration’s attempts to step up deportations and the zero-tolerance policy that last year resulted in family separations at the border.

“These agencies have promulgated an agenda driven by hate—not strategy,” the lawmakers wrote. They argue that the agencies’ ability to shift funds makes it impossible to prevent money from being used for policies that Democrats generally oppose.

Refusing funding for the agency housing the president’s top political priority isn’t going to draw Republican support, a House Democratic aide said, which the committee would need to produce a deal.

“It’s totally unrealistic,” Sen. Roy Blunt (R., Mo.), who is in the negotiating group, said of the Democratic letter. “That basically says you don’t want to secure the border.”

Democrats overall say they favor border security, just not Mr. Trump’s border wall, and immigration advocates said their task is to counter the president.

. . . .

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

Read the complete WSJ report from these “emerging stars on the immigration beat.”

There hasn’t been any meaningful oversight of DHS or the mess DOJ politicos have created at EOIR in two years. So, while there certainly should not be additional funding for DHS’s already overused and abused detention system, for now, Democrats should probably work with DHS as the “only game in town” on the Southern Border.

Over the next year, DHS and DOJ politicos should be required to testify and should be held accountable for the absolute, largely avoidable, chaos and inefficiency they have intentionally, incompetently, or maliciously created in immigration enforcement, our Immigration Courts, the refugee and asylum system, and the system for granting immigration benefits.

Then, based on the record, make rational, fact-based proposals for needed improvements in immigration enforcement, administration, and adjudication for the next budget cycle.

PWS

02-05-19

LOUISE RADNOFSKY @ WSJ: H1B Lottery Changes Explained — It’s All About Statistics!

https://www.wsj.com/articles/u-s-changes-visa-process-for-high-skilled-workers-11548879868?emailToken=e87c39100943c733561f92d547d139fakvX0sCcFS2Ay6L8zZdxETFFVSHlMj2p+ZZqU2gauX7B1B2PiBj2X7rAi0zGoVHhoFkEP2OPktRc9vn5XadIEYeBxEGjA+juP6zdoYIuEN/U%3D&reflink=article_email_share

Louise writes:

WASH­ING­TON—The Trump ad­min­is­tra­tion un­veiled changes to how the cov­eted visas for high-skilled for­eign work­ers are al­lo­cated, start­ing this April, in an ef­fort to boost the num­ber awarded to peo­ple with ad­vanced de­grees from U.S. uni­ver­si-ties.

The change would re­sult in up to 5,340 more im­mi­grants with a mas­ter’s de­gree or higher get­ting se­lected for the visa, ac­cord-ing to U.S. Cit­i­zen­ship and Im­mi­gra­tion Ser­vices, which pub­lished the new rules.

The shift ap­pears to ful­fill a pledge Pres­i­dent Trump made two years ago to help Sil­i­con Val­ley com­pa­nies by pri­or­i­tiz­ing the most skilled ap­pli­cants for the visas, known as H-1B, and re­duc­ing the num­ber of visas se­cured through out­sourc­ing firms.

The new rules are likely to be chal­lenged in court by those out­sourc­ing com­pa-nies, ar­gu­ing that the ad­min­is­tra­tion has acted out­side of its au­thor­ity or side­stepped the full rule-mak­ing process, said Leon Fresco, an im­mi­gra­tion at­tor­ney and part­ner at Hol­land & Knight LLP.

. . . .

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

Go on over to the WSJ at the link to read Louise’s complete article.  A clear explanation of a complicated  process.

PWS

02-04-19

DENNIS ROMERO @ NBC NEWS WITH A MORE NUANCED LOOK AT A BORDER WALL — It’s Highly Effective At “Re-Routing” Migrants, But Causes More Deaths, Enriches Smugglers, & Is Ineffective Against Drug Smuggling — Bottom Line: “[E]ffective at deterring crowds of migrants that will ultimately be undeterred.”

https://www.nbcnews.com/news/us-news/trump-says-san-diego-s-border-barrier-works-it-pushes-n965681

Dennis Romero reports for NBC News from San Diego:

When President Trump argues that the United States needs a wall along the southern border, he likes to point to San Diego’s success.

There, double and triple barriers fortify the westernmost stretch of the nearly 2,000-mile U.S.-Mexico border as U.S. Border Patrol agents drive SUVs along frontage roads and hover overhead in helicopters.

The militarized border touching the communities of Imperial Beach, San Ysidro and Otay Mesa contributed to a 75 percent decline in crossings in the years immediately after fencing was installed in the 1990s, according to U.S. Customs and Border Protection data.

The decline mirrors a border-wide decrease.Apprehensions of those suspected of illegally crossing the entire Southwest border experienced an uptick in 2018 over 2017 to nearly 467,000 but remained at less than half their peak in the 1980s and 1990s, when the Border Patrol racked up 1 to 1.6 million apprehensions.

President Donald Trump, who’s in a protracted battle to secure congressional funding for his campaign promise to build a wall along the entire length of the Southern border, on Thursday pointed to San Diego’s Mexican neighbor, Tijuana, as an example of what can happen with and without a barrier.

Trump’s proposed wall, based on one of eight prototypes in San Diego, is yet to be authorized by Congress.

“If you go to Tijuana and you take down that wall, you will have so many people coming into our country that Nancy Pelosi will be begging for a wall,” he said from the Oval Office. “She will be begging for a wall. She will say, ‘Mr. President, please, please give us a wall.'”

While it seems unlikely the House speaker would ever beg for a wall, the president has a valid point about fencing’s impact on the border region. Although San Diego’s barrier may stem illegal crossings, its impact is more complicated than Trump’s statement that “walls work” suggests.

From the 1980s to the early 1990s the Border Patrol’s San Diego sector was overrun with people illegally crossing the border. Hundreds of migrants would gather on a Tijuana River levee known as “El Bordo” and, much like the climactic border crossing scene in 1987’s “Born in East L.A.,” rush the few Border Patrol agents brave enough to try to stop them.

In the 1980s, about 40 percent of the Southwest’s illegal border crossings took place at San Diego, said Victor Clark-Alfaro of San Diego State University’s Center for Latin American Studies. The peak year for border apprehensions in the San Diego sector was 1986, when 628,000 migrants were nabbed.

“Tijuana was like a fiesta,” Clark-Alfaro said. “On a single day on a weekend at El Bordo you could find about 1,000 migrants ready to cross to the U.S. side. There was liquor, marijuana, human smugglers, street vendors.”

The defunct bureaucracy known as the U.S. Immigration and Naturalization Service, since replaced by three agencies under the Department of Homeland Security, built fencing along the border at San Diego in 1990, but it was no match for desperate Mexicans.

The migrants created a huge wave of south-of-the-border crossings into the U.S. that was addressed by Republican Pete Wilson, a onetime San Diego mayor who won re-election as California governor in 1994 based on a Trump-like platform of deterring illegal immigration.

“Bill Clinton had to respond,” said David Shirk, director of the University of San Diego’s master’s program in international relations.

In 1994, President Bill Clinton initiated Operation Gatekeeper, a crackdown at the border, and Congress followed up two years later with 14 miles of “triple-layered fence,” according to congressional records. Some of those first fences were made from Vietnam War-era landing mats intended for makeshift helicopter airstrips.

In 2006, Congress authorized “double-layered fencing” along at least 700 miles of border. The full length has yet to be covered with fencing because of delays in acquiring private property, often through court battles. But the San Diego sector received fresh fencing in the mid-1990s and again in the late-2000s.

Experts, many critical of Trump’s overall stand on border security, acknowledge the San Diego barriers, now made of steel bollards and surplus military landing mats, have more or less done their job. The sector went from being the top location for border crossings to a relative ghost town with 26,086 apprehensions in fiscal year 2017, according to the Border Patrol.

Image: San Diego Border
A migrant from Honduras passes a child to her father after he jumped the border fence to get into the U.S. side to San Diego, Calif., from Tijuana, Mexico on Jan. 3, 2019.Daniel Ochoa de Olza / AP file

The hardened border, however, pushed migrants to remote areas that have few man-made impediments and are often just World War II-style vehicle barriers known as Normandy fencing, Clark-Alfaro said. Arizona has become a hotbed of crossings, but migrants often die of dehydration. The mountains east of San Diego have also become a crossing zone, where migrants have died from hypothermia.

“Our beach was invaded by people on pangas, boogie boards,” said Imperial Beach Mayor Serge Dedina, adding that the fortified fencing “didn’t stop the tunnels” used by cartels to ship drugs into California and beyond.

The San Diego-area border security measures have also enticed cartels to dive deeper into smuggling because the barriers drive up prices for guides or coyotes, experts say. Prices have gone from as little as $75 in the 1990s to as much as $7,000 today, said San Diego State’s Clark-Alfaro.

“We’ve made it more profitable for human traffickers along the border,” added Shirk, of the University of San Diego.

However, narcotics continue to make it across the Southwest border, with seizures of heroin in the San Diego sector increasing 59 percentfrom 2016 to 2017, according to the U.S. Drug Enforcement Administration.

The San Diego sector was the top target along the southwest border for heroin smuggling outside points of entry, the DEA said. Eighty-five percent of the synthetic opioid fentanyl that crossed in 2017 entered through the San Diego area, according to DEA data.

Experts argue that one of the biggest influences on border crossings has been the Mexican economy, which has improved enough that many workers would rather just stay home. In Tijuana, home to a booming appliance and TV manufacturing sector, thousands of jobs are up for grabs.

And many of the immigrants from that huge wave in the 1980s and 1990s settled in the United States rather than crossing back and forth for seasonal work, experts say. In effect, they were walled in by the increased border security and are now staying put.

The boosted federal presence along the border also includes an exponential increase in the number of Border Patrol agents since 1990 to more than 20,000 today. At least 85 percent are stationed along the border, according to Shirk’s research.

Much of that increase in personnel came in the years following 9/11, when the Department of Homeland Security was created and crossing the border legitimately became much less casual, Shirk said. Passports are now required for travel in both directions.

The new border-crossing population comes mostly from Central America, where migrants have formed caravans to travel north. People fleeing murderous gangs — some, like MS-13, were born in the U.S. — have mostly sought asylum in the United States legally, although the Border Patrol U.S. Customs and Border Protection says groups of Central Americans have recently tried to rush into the country illegally.

The bottom line on San Diego’s beefed up border, some of which is slated for replacement, is a mixed bag effective at deterring crowds of migrants that will ultimately be undeterred.

“It’s effective at re-routing people,” said John Fanestil, a Methodist minister who has offered communion on the United States side of the fence. “We made it harder to cross the border illegally — more deadly, more costly. But when circumstances are as extreme as they are in Central America, people will demonstrate great determination to cross the border.”

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

As we used to say at the Arlington Immigration Court, “Desperate people do desperate things.” Or, as I have said on “Courtside,” “We can diminish ourselves as a nation, but it won’t stop human migration.”

What would actually help:

  • Technology, intelligence, undercover resources to combat drug smuggling;
  • More appropriate and generous application of our existing refugee and asylum laws at the border and in or near the Northern Triangle;
  • More resources for processing asylum applications at the Ports of Entry;
  • Expanded legal immigration opportunities, particularly for needed workers, that would more accurately reflect market forces driving today’s “extralegal immigration system;”
  • Working more closely with the UNHCR, Mexico, and other countries in the Hemisphere to solve the humanitarian problems driving refugee flows.

Why not “get smart” instead of continuing to “play dumb” on migration issues?

PWS

02-02-19