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

Daniel Denvir
Daniel Denvir
American Journalist

https://apple.news/ASCSwefgISM2mLjzRVdJeWQ

 

When It Comes to Immigration, Political Centrism is Useless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

Interesting thoughts to ponder.

 

PWS

 

01-17-20

KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

TOP UPDATES

 

Trump administration to begin collecting DNA from detained immigrants

The Verge: The United States government will begin collecting the DNA of detained immigrants through pilot programs this week, according to a privacy impact assessment that was published today by the Department of Homeland Security.

 

Immigration Judges Asylum Grants & Denials in FY 2018-2019

A&J: Of note is the asylum grants and denials for the 6 Immigration Judges who AG William Barr hand-picked for the Board of Immigration Appeals in 2019: 2 of the 6 new BIA members–Hunsucker and Cassidy–denied all their asylum cases in FY 2019.

 

10 US immigration issues to watch in 2020

PRI: Last year, the Trump administration rolled out several policies that restricted access to asylum, as well as employment-based and family-based immigration pathways. With a presidential election on the horizon, 2020 could bring even more restrictions. Here’s what we’re watching.

 

U.S. implements plan to send Mexican asylum seekers to Guatemala

Reuters: Mexicans seeking asylum in the United States could be sent to Guatemala under a bilateral agreement signed by the Central American nation last year, according to documents sent to U.S. asylum officers in recent days and seen by Reuters.

 

US starts sending asylum seekers across Arizona border

AP: Authorities are expanding a program known as Remain in Mexico that requires tens of thousands of asylum seekers to wait out their immigration court hearings in Mexico. Until this week, the government was driving some asylum seekers from Nogales, Arizona, to El Paso, Texas, so they could be returned to Juarez. Now, asylum-seekers will have to find their own way through dangerous Mexican border roads.

 

U.S. Stops Dozens of Iranian-Americans Returning From Canada

NYT: More than 60 people were held for additional questioning in Washington State, according to advocacy groups and accounts from travelers.

 

To Produce Citizenship Data, Homeland Security To Share Records With Census

NPR: DHS quietly announced the data-sharing agreement in a regulatory document posted on its website on Dec. 27. It marks the latest development in the Trump administration’s ongoing effort to carry out the executive order President Trump issued in July after courts blocked the administration from adding a citizenship question to the 2020 census.

 

Net Migration between the U.S. and Abroad Added 595,000 to National Population Between 2018 and 2019

Census: Net international migration added 595,000 to the U.S. population between 2018 and 2019, the lowest level this decade. This is a notable drop from this decade’s high of 1,047,000 between 2015 and 2016.

 

Think unauthorized immigrants don’t pay taxes? Here are four ways they do

DMN: Nowrasteh said that upwards of 75% of unauthorized immigrants file taxes with the federal government.

 

Trump’s Tent Cities Are on the Verge of Killing Immigrant Children

Slate: The camp facility where people are sort of constrained physically has somewhere between 2,600 and 3,000 people in it at any given day, and it’s growing. But the total number of people who’ve been returned to Mexico under MPP is closer to 68,000. So only a small fraction of the people who need legal services are even visible at this point.

 

DHS reviews how DMV laws affect immigration enforcement

AP: The acting secretary of Homeland Security is taking aim at new laws in New York and New Jersey that allow immigrants to get driver’s licenses without proof they are in the U.S. legally, and restrict data sharing with federal authorities.

 

How the White House Is Trying—and Failing—to Keep States from Resettling Refugees

New Yorker: So far, not a single state or locale has said it would end refugee resettlement. Of the thirty-one consent letters that have been signed by governors, a third have come from red states such as Utah, Arizona, Iowa, and Indiana.

 

After Cabinet opposed Mexican cartel policy, Trump forged ahead

Reuters: The recommendations, which some of the sources described as unanimous, have not been reported previously. They were driven in part by concerns that such designations could harm U.S.-Mexico ties, potentially jeopardizing Mexico’s cooperation with Trump’s efforts to halt illegal immigration and drug trafficking across the border, said two sources, including a senior administration official.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Pencil-ONLY on I-589 Passport-Size Photos

Listservs: While EAD instructions allow felt-tip pens for writing on the back of photos, asylum instructions currently require pencil ONLY. People are receiving rejection notices for I-589s with writing on the photos in anything other than pencil.

 

Matter of SALAD, 27 I&N Dec. 733 (BIA 2020)

The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude.

 

USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility

Posted 1/2/2020

USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. Comments are due 1/21/20. (84 FR 69640, 12/19/19)

AILA Doc. No. 19121901

 

EOIR Suspends Operations at the Louisville Immigration Court Due to Building Conditions

Posted 1/6/2020

EOIR announced that there is no projected reopening date for the Louisville Immigration Court and cases have been cancelled through March 31, 2020.

AILA Doc. No. 19081631

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, January 6, 2020

Sunday, January 5, 2020

Saturday, January 4, 2020

Friday, January 3, 2020

Thursday, January 2, 2020

Wednesday, January 1, 2020

Tuesday, December 31, 2019

Monday, December 30, 2019

 

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Thanks, Elizabeth!

 

PWS

01-08-20

 

 

 

NDPA NEWS: THE ROUND TABLE OF FORMER IMMIGRATION JUDGES: An Impressive Body Of Work Advancing & Defending Due Process!

NDPA NEWS: THE ROUND TABLE OF FORMER IMMIGRATION JUDGES: An Impressive Body Of Work Advancing & Defending Due Process!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog

Our fearless leader, Judge Jeffrey S. Chase reports on the list of Amicus Briefs we have filed since the summer of 2017:

1. BIA Matter of Negusie  (7/10/2017)    7 White & Case

2. AG Matter of Castro-Tum  (2/16/2018) 14 Akin Gump

3. 9th Cir. CJLG v. Sessions  (3/15/2018) 11 Simpson Thacher

4. 10th Cir. Matumona v. Sessions (3/21/2018) 11 Sidley Austin

5. AG Matter of A-B- (4/27/2018) 16 Gibson Dunn

6. 5th Cir. Canterero v. Sessions (5/23/2018) 13 Sidley Austin

7. 9th Cir. Rodriguez v. Sessions (7/27/2018) 20 Wilmer Hale

8. BIA Matter of M-J- (8/07/2018) 20 Gibson Dunn

9. 4th Cir. N.H. v. Whitaker (2/14/2019) 27 Gibson Dunn

10. 10th Cir. Matumona v. Whitaker (2/19/2019) 24 Sidley Austin

11. 1st Cir. OLDB v. Barr (3/11/2019) 27 Gibson Dunn

12. 2d Cir. Orellana v. Barr (4/09/2019) 26 NYU Law School

13. 2d Cir. Kadria v. Barr (4/05/2019) 25 NYU Law School

14. 2d Cir. Banegas-Gomez v. Barr 26 NYU Law School

15. 2d Cir. Pastor v. Barr (4/10/2019) 26 NYU Law School

16. 3d Cir. Giudice v. Att’y Gen.(2 briefs) 26 NYU Law School

17. 1st Cir. De Pena Paniagua v. Barr (4/22/2019)29 Gibson Dunn

18. 9th Cir. Karingithi v. Barr (4/25/19) Boston College Law School

19. 1st Cir. Pontes v. Barr (4/25/2019) Boston College Law School

20. 10th Cir. Zavala-Ramirez v. Barr (5/01/2019) Boston College Law School

21. 10th Cir. Lopez-Munoz v. Barr (5/01/2019) Boston College Law School

22. Sup. Ct. Barton v. Barr (7/03/2019) 27 Pillsbury Winthrop

23. N.D. Ca. East Bay Sanctuary v. Barr 24 Covington

24. 9th Cir. Padilla v. ICE (9/04/2019) 29 Wilmer Cutler

25. 5th Cir. Sorev v. Barr (9/25/2019) 30 White & Case

26. 1st Cir. Boutriq v. Barr (9/25/2019) 31 Harvard Law School

27. 3d Cir. Ramirez-Perez v. Att’y Gen. (10/03/19) 31  Harvard Law School

28. 3d Cir. Nkomo v. Att’y Gen. (10/07/2019) 30 Boston College Law School

29. 9th Cir. Martinez-Mejia v. Barr (10/25/2019) 23 Texas A&M Law School

30. 4th Cir. Quintero v. Barr (11/04/2019) 27 Akin Gump

31. 3d Cir. Campos-Tapia v. Barr (11/25/19) 30 Texas A&M Law School

32. 2d Cir. Guasco v. Barr (12/11/2019) 31 Harvard Law School

33. Sup. Ct. Nasrallah v. Barr (12/16/2019) 33 Gibson Dunn

34. 1st Cir. Doe v. Tompkins (12/23/2019) 34 Jerome Mayer-Cantu, Esq.

 

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Great work!  Proud and honored to be a member of  the Round Table!

And, of course, special appreciation and a big shout out to all of of those wonderful firms, lawyers, institutions, and organizations listed above who have “given us a voice” by providing beyond outstanding pro bono representation!

PWS

01-07-20

GRETA THUNBERG: AN INSPIRATIONAL LEADER FOR OUR TIMES & THE FUTURE: “She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.”

Carolyn Korman
Carolyn Korman
Staff Writer
The New Yorker

Carolyn Kormann writes in The New Yorker:

News Desk

The Pure Spirit of Greta Thunberg is the Perfect Antidote to Donald Trump

She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.

On December 3rd, Greta Thunberg, the sixteen-year-old climate activist from Sweden, completed her second transatlantic voyage, by almost entirely emissions-free sailboats, in the span of four months. Her small figure, dressed in black, stood, waving, on the bow of a catamaran, as it approached the port of Lisbon. Hundreds of people, standing onshore, cheered, welcoming her back to Europe. “I’m not travelling like this because I want everyone to do so,” she told reporters after walking off the boat onto dry land. “I’m doing this to send a message that it is impossible to live sustainably today, and that needs to change.” The scene felt both ancient and precisely of this moment, like Thunberg herself, who writes regularly in a paper journal but has mastered social-media virality, who can seem ageless and androgynous (the fierce stare) while also strikingly young and girlish (the braids), who acts with an otherworldly grace while delivering an outraged message grounded in the latest, best climate science. Her lightning-strike emergence as the planet’s hero, her capacity to inspire students around the world—all in the span of little more than a year—can seem like a prophesied story, an epic poem, a fable. Margaret Atwood (and others, including myself) have compared her to Joan of Arc—if the teen-age medieval warrior, who was burned at the stake in part for impersonating a man, had been inspired by scientific reports instead of divine voices and visions of angels. Centuries from now, we hope, people will live in a thriving, equitable civilization and tell Thunberg’s tale, too.

But it is, as Thunberg says repeatedly, precisely what we do during this century that will determine the fate of those future centuries, and what we do during the next decade that will determine the climate for the nearly two billion children alive today. They are the ones Thunberg represents, whom she is fighting for, and whom she has mobilized, since August, 2018, when she first sat outside the Swedish Parliament with a simple handwritten sign that read, in black letters, “SKOLSTREJK FOR KLIMATET.” Hundreds of thousands of students (and, gradually, their parents), in cities around the world, have followed her lead, striking from school and marching in the streets to protest for climate action. “You say you love your children above all else,” she said in her first big address, at last December’s United Nations climate talks. “And yet you are stealing their future in front of their very eyes.”

From Lisbon, Thunberg took a train to Madrid, where leaders from around the world were gathering for another round—the twenty-fifth since 1995—of U.N. climate negotiations (known as the Conference of the Parties, or COP25). The point of this year’s talks was for countries to lay the groundwork for ambitious new targets in the reduction of their greenhouse-gas emissions. By the end of 2020, according to the terms of the Paris Agreement, countries are to commit to new nationally determined contributions (N.D.C.s, in U.N.-speak) that reflect the scale of global decarbonization necessary to limit global heating to two degrees Celsius. (The current pool of N.D.C.s, which many countries are not even meeting, would lead to more than three degrees warming by century’s end.) A related issue at the talks has involved carbon markets—detailed in Article 6 of the Paris Agreement—in which one country can pay another country for its emissions reductions (the equivalent of buying a carbon credit) and then count those reductions towards its own N.D.C. Australia, Brazil, Saudi Arabia, and India have, reportedly, all been blocking text that would provide strong regulations of these kinds of markets and accounting mechanisms. Though the final text of this year’s agreement is due today, the deliberations will likely continue at least until Saturday.

Thunberg, meanwhile, has increasingly referred, in mathematical detail, to carbon budgets, or the amount of carbon dioxide that we have left to emit into the atmosphere if we want to limit global temperature rise to 1.5 degrees Celsius. In her speech to world leaders in Madrid, on Tuesday, she referred her audiences to page 108, chapter 2, of the 2018 Intergovernmental Panel on Climate Change report, and she said that, if we are to have a sixty-seven per cent chance of achieving that goal, we had, as of the first of January, 2018, four-hundred-and-twenty gigatons of carbon dioxide left in our carbon budget. That number is now much lower, considering that we emit approximately forty-two gigatons of carbon dioxide every year. This means that we have roughly eight years left to burn fossil fuels at current levels before our budget is empty. For all the efforts underway to reduce greenhouse-gas emissions, they are nowhere near enough. Global emissions again hit a record high in 2019. As Thunberg also said, in the same speech, “The biggest danger is not inaction. The real danger is when politicians and C.E.O.s are making it look like real action is happening, when in fact almost nothing is being done, apart from clever accounting and creative P.R.”

On Wednesday, Time named Thunberg the magazine’s Person of the Year. Donald Trump, who is famously obsessed with being on the cover of Time, could not stand it. He has campaigned on fossil-fuel expansion, has betrayed on numerous occasions that he does not understand what climate change is, and, on November 4th, he officially began proceedings to remove the U.S. from the Paris Agreement. (Every other country in the world remains a signatory to the pact.) On Thursday, in response to Thunberg’s news, he tweeted: “So ridiculous. Greta must work on her Anger Management problem, then go to a good old fashioned movie with a friend! Chill Greta, Chill!” Thunberg, as always, took the President’s mockery in stride, changing her Twitter bio, minutes later, to “A teenager working on her anger management problem. Currently chilling and watching a good old fashioned movie with a friend.”

This is not the first time that Thunberg has one-upped Trump’s mocking tweets. In September, she gave a historic speech with the kind of rhetorical vigor that exemplifies her gifts as an orator. “This is all wrong,” she said. “I shouldn’t be up here. I should be back in school, on the other side of the ocean. Yet you all come to us young people for hope. How dare you!” Later, Trump retweeted a video clip of her remarks, adding, “She seems like a very happy young girl looking forward to a bright and wonderful future. So nice to see!” The same day, Thunberg put the exact words in her Twitter bio: “A very happy young girl looking forward to a bright and wonderful future.”

Thunberg is Trump’s perfect foil. She is pure spirit, committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to rapidly change our energy systems and consumption patterns so that we avert climate change’s deadliest impacts and destabilizing tipping points. Thunberg is devoted to learning, writing, and understanding the world around her. She constantly lifts up other young climate leaders—especially those from indigenous and frontline communities—and begs reporters to focus on them, not her. (On Monday, she and Germany’s most prominent youth activist, Luisa Neubauer, hosted a press conference with young leaders from the Marshall Islands, the Philippines, Russia, and Uganda.) She is a gifted public speaker, not because she stirs up chaos and hate through incoherent rants, but because she speaks elegantly and intelligently, in logical, pithy, unmuddied sentences. Her rhetorical gifts are, perhaps, all the more remarkable considering that, when she was younger, she fell into a major depression concerning climate change and stopped speaking altogether for months. As she said at the start of her speech on Tuesday, “A year and a half ago, I didn’t speak to anyone unless I really had to. But then I found a reason to speak.”

Carolyn Kormann is a staff writer at The New Yorker. Read more.

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Wow! No wonder Trump and his cronies are so scared of her!

PWS

12-14-19

NEW FROM CMS: Accessible Citizenship Is A Huge Win – Win For The U.S. & The Citizens — Trump Regime Works Overtime To Create A Lose – Lose!

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies
Robert Warren
Robert Warren
Senior Visiting Fellow
Center For Migration Studies
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The Center for Migration Studies Releases New Report on the Benefits of Citizenship and the Barriers to Naturalization

 

The well-being and contributions of immigrants increase as they advance toward citizenship, but new impediments to permanent residence and naturalization deny access to citizenship.

New York, NY — The Center for Migration Studies of New York (CMS) today released a report finding that the well-being of immigrants and their contributions to the United States increase as they advance to more permanent and secure immigration statuses, culminating in naturalization. The report finds that naturalized citizens match or exceed the native-born by key metrics, including: college degrees (35% vs. 29%); percent employed (96% vs. 95%); and average personal income ($45,600 vs. $40,600).

The report – authored by CMS Executive Director Donald Kerwin and CMS Senior Visiting Fellow Robert Warren – argues that the administration’s “America first” ideology obscures a far-reaching set of policies that significantly impede the ability of immigrants to “move forward” on the path to naturalization, to their own detriment and the detriment of their families and communities.

“The report finds that policy makers should encourage naturalization rather than making it unnecessarily difficult,” said Warren. “Another important finding is that the US legal immigration system currently produces the same percentage of high skilled workers as the native-born population.”

The report documents the Trump administration’s policies that seek to prevent undocumented persons from gaining status, divest documented persons of status, cut legal admissions and immigration by decree, create new barriers to permanent residence and naturalization, and make citizenship a less valuable and less secure status.

It finds that at least 5.2 million current US citizens – 4.5 million children and 730,000 adults – who are living with at least one undocumented parent, obtained US citizenship by birth.  It concludes that current immigration enforcement priorities effectively deny the full rights and benefits of citizenship to the US citizen children of undocumented parents, and it warns that eliminating birthright citizenship for the children of undocumented parents would create a permanent underclass of US-born denizens.

“US citizenship represents the principle marker of full membership and equality under the law in our constitutional democracy,” said Kerwin. “Yet this administration has adopted policies to make naturalization far less accessible and to make citizenship a less secure and valuable status for some disfavored citizens.”

The report is now available at: https://cmsny.org/publications/citizenship-kerwin-warren/

MEDIA CONTACT

Emma Winters

(212) 337-3080 x. 7012

ewinters@cmsny.org

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

Making losers out of everyone is a specialty of the Trump Regime’s “myth-based” White Nationalist agenda. “Malicious incompetence” in action!

PWS

12-13-19

WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

Angelina Chapin
Angelina Chapin
Reporter
HuffPost
Jodi Goodwin, Esquire
Jodi Goodwin, Esquire
Immigration Attorney
Harlingen, TX

https://www.huffpost.com/entry/remain-in-mexico-policy-immigrant-kids_n_5deeb143e4b00563b8560c69

Angelina Chapin reports for HuffPost:

A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.

The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.

Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.

Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.

In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.

Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.

pastedGraphic.png

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.

HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?

Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.

The camp sounds completely unfitting for any human being, let alone children.

It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.

Are kids getting sick?

The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.

And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?

About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.

Any specific examples?

I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.

The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.

pastedGraphic_1.png

LOREN ELLIOTT / REUTERS

Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.

The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?

It’s way worse. I can’t with any confidence say that they will ever see their children again.

Why not?

I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.

With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.

Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?

It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?

It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.

Have you witnessed these separations firsthand?

In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.

I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.

Do you still think about those kids?

Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.

pastedGraphic_2.png

VERONICA CARDENAS / REUTERS

The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.

You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.

I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.

I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.

Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?

There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.

This interview has been lightly edited for length and clarity.

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

I’m with you, Jodi!  Thanks for your dedication to justice for the most vulnerable!

What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.  

Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.

Where’s the accountability? Where’s the outrage? Where’s our humanity?

We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ

Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”

We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!

Constantly Confront Complicit Courts 4 Change!
Due Process Forever; Complicit Courts Never!

PWS

12-10-19

WHAT ARE THE REGIME’S LATEST WHITE NATIONALIST, ANTI-IMMIGRANT SHENANIGANS? Find Out in This Week’s Gibson Report For 12-02-19 – Compiled By NDPA Superstar Elizabeth Gibson, Esquire, NY Legal Assistance Group!

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

TOP UPDATES

Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction<https://trac.syr.edu/immigration/reports/583/>
TRAC: On the last day of April 2019, ICE held about 50,000 people in detention centers nationwide. Nearly 32,000 – or 64% – of detainees had no criminal conviction on record. This is up from 10,000 – or just under 40% of the nationwide total – four years prior.

ICE set up a fake university, then arrested 250 people granted student visas<https://www.washingtonpost.com/immigration/2019/11/27/ice-set-up-fake-university-then-arrested-people-it-gave-student-visas/?fbclid=IwAR3uCITOnHB2PdLpq0jqrbxxW15oBJdg2bd5wVcww1HIRGNgbPDbWMXbBM4>
WaPo: Nearly 80 percent of those who were arrested chose to voluntarily leave the United States, according to the ICE statement. Another 10 percent of the University of Farmington students received a “final removal order,” officials said, either from an immigration judge or from U.S. Customs and Border Protection.

Report: Fear Driving in Uptick in Number of Immigrants Visiting Soup Kitchens<https://www.wnyc.org/story/report-fear-driving-uptick-number-immigrants-visiting-soup-kitchens/>
WNYC: The report released Monday says a proposal from the Trump Administration to more strictly interpret the public charge rule, which would make it harder for immigrants taking public assistance to get green cards, is having a chilling effect on those seeking aid from the federal government, including food stamps. As a result, the report says more people are visiting food pantries and soup kitchens around the city, even if some family members are American citizens.

The Overlooked Illegal Immigrants: From India, China, Brazil<https://www.nytimes.com/2019/12/01/us/undocumented-visa-overstays.html>
NYT: President Trump has focused on blocking unauthorized crossings on the Southern border. But nearly half of those who are in the country unlawfully actually entered with permission.

Fewer Mexican Immigrants Coming to New York, Studies Say<https://citylimits.org/2019/11/25/fewer-mexican-immigrants-coming-to-new-york-studies-say/>
City Limits: New York State ranked third among states with the largest decline in its Mexican immigrant population in 2017, accounting for 27,196 of the 304,000 Mexicans who left the U.S. that year. The two states that saw the largest decline were California, which lost 137,352 people, and Texas, with 55,232.

Leaked Emails Fuel Calls For Stephen Miller To Leave White House<https://www.npr.org/2019/11/26/783047584/leaked-emails-fuel-calls-for-stephen-miller-to-leave-white-house>
NPR: Miller has recommended articles on AmRen and another white nationalist site called VDARE. We know this because the Southern Poverty Law Center has uncovered hundreds of emails that Miller wrote to a reporter at Breitbart News before he worked in the White House.

Florida poised to deputize prison guards to aid in undocumented immigrant crackdown<https://www.pnj.com/story/news/2019/11/25/florida-deputize-prison-guards-aid-undocumented-immigrant-crackdown/4295968002/>
News Service of FL: The move by Florida has been “reviewed and approved” by a federal advisory board, and the state is now “awaiting official notification of the Memorandum of Agreement from ICE,” the Florida Department of Corrections confirmed to The News Service of Florida on Friday.

Think Immigration: Why Immigration Lawyers Should Care about the TRAP Act – It Will Address INTERPOL Abuse<https://thinkimmigration.org/blog/2019/11/26/why-immigration-lawyers-should-care-about-the-trap-act-it-will-address-interpol-abuse/>
AILA member Sandra Grossman highlights the efforts in Congress to address the abuse of INTERPOL Red Notices in the U.S. immigration context and urges support for the TRAP Act which would move INTERPOL to improve transparency and deter abuse of their system.

Trump Says U.S. Will Designate Drug Cartels in Mexico as Terrorist Groups<l>
NYT: The comments, made in an interview with the former Fox News host Bill O’Reilly, came three weeks after nine American citizens, including six children, were killed in Mexico.

LITIGATION/CASELAW/RULES/MEMOS

EOIR Releases Memo on Legal Advocacy By Non-Representatives in Immigration Court<https://www.aila.org/infonet/eoir-releases-memo-on-legal-advocacy>
EOIR released a memo that reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings as EOIR does not allow individuals to appear and engage in legal advocacy without being recognized as a legal representative. AILA Doc. No. 19112531

USCIS Issues Policy Alert Regarding Fees for Submission of Benefits Requests<https://www.aila.org/infonet/uscis-issues-policy-alert-regarding-fees>
USCIS issued policy guidance regarding submission and acceptance of fees for immigration benefit requests. The guidance, effective 12/2/19, establishes household income at or below 150 percent of the Federal Poverty Guidelines, or financial hardship, as the eligibility criteria for fee waivers. AILA Doc. No. 19102530

ICE Releases Warning About Misinformation on Social Media<https://www.aila.org/infonet/ice-warning-about-misinformation-on-social>
ICE warned that misinformation about ICE can be posted on social media. An example from 11/23/19 was provided, with ICE stating that, “reckless, irresponsible misinformation that continues to mislead the public concerning the mission of U.S. Immigration and Customs Enforcement (ICE).” AILA Doc. No. 19112606

Civil Rights Coalition Successfully Enjoins Presidential Health Insurance Proclamation<https://www.aila.org/advo-media/press-releases/2019/civil-rights-coalition-successfully-enjoins-presid>
AILA and our litigation partners obtained a preliminary nationwide injunction in Doe v. Trump, thereby ensuring that the administration’s attempt to ban immigrants based on their ability to obtain health insurance will not be implemented while litigation continues. AILA Doc. No. 19112661

Presidential Determination on Refugee Admissions for FY2020<https://www.aila.org/infonet/presidential-determination-refugee-admissions-fy20>
President Trump issued a determination on 11/1/19, setting the refugee admissions ceiling for FY2020 at 18,000. The determination also provides regional ceilings and admissions allocations based on category. (84 FR 65903, 11/29/19) AILA Doc. No. 19110402

EVENTS

*   12/3/19 BEYOND RESISTANCE: A Progressive Immigration Agenda for 2020<https://www.eventbrite.com/e/beyond-resistance-a-progressive-immigration-agenda-for-2020-tickets-70797586487?aff=ebdssbdestsearch>
*   12/4/19 Finding a Job in America – A Night of Comedy and Horror, by Immigrant Women<https://www.eventbrite.com/e/finding-a-job-in-america-a-night-of-comedy-and-horror-by-immigrant-women-tickets-75003013031?aff=ebdssbdestsearch>
*   12/4/-5/19 52nd Annual Immigration & Naturalization Institute<https://www.pli.edu/programs/immigration-and-naturalization-institute?t=live>
*   12/4/19 Public Charge Train the Trainer<https://tockify.com/thenyic/detail/72/1575468000000>
*   12/4/19 Legal Protections for Immigrant Children: Special Immigrant Juvenile Status (SIJS) and Asylum<https://www.eventbrite.com/e/legal-protections-for-immigrant-children-tickets-81737221229?aff=ebdssbdestsearch>
*   12/5/19 U Visas in Removal Proceedings<https://agora.aila.org/Conference/Detail/1629>
*   12/5/19 Trauma Informed Interviewing For Lawyers – NSC Pro Se Clinic<https://www.newsanctuarynyc.org/trauma_informed_interview_lawyer_training_20191205>
*   12/5/19 Foundations in Immigration Law<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/9/19 The Courtroom: A Re-Enactment of Deportation Proceedings<https://www.eventbrite.com/e/the-courtroom-a-re-enactment-of-deportation-proceedings-tickets-81550254005?aff=ebdssbdestsearch>
*   12/10/19 USCIS Invites Stakeholders to Teleconference on SIJ Classification Updates <https://www.aila.org/infonet/uscis-invites-stakeholders-teleconference-on-sij>
*   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>
*   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>
*   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>
*   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>
*   2/6/20 Basic Immigration Law 2020: Business, Family, Naturalization and Related Areas<https://www.pli.edu/programs/basic-immigration-law?t=live>
*   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>
*   2/28/20 5th Annual New York Asylum and Immigration Law Conference
*   7/23/20 Defending Immigration Removal Proceedings 2020<https://www.pli.edu/programs/defending-immigration-removal?t=live>

ImmProf

Monday, December 2, 2019

*   From the Bookshelves: Border Wars by Julie Hirschfield Davis and Michael D. Shear<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-border-wars-by-julie-hirschfield-davis-and-michael-d-shear.html>
*   Is OPT in peril? Colleges sign amicus brief opposing end of OPT<https://lawprofessors.typepad.com/immigration/2019/12/is-opt-in-peril.html>
*   A Fact Worth Remembering: Half of Undocumented Immigrants are Visa Overstays<https://lawprofessors.typepad.com/immigration/2019/12/a-fact-worth-remembering-half-of-undocumented-immigrants-are-visa-overstays.html>
*   Immigration in Pop Culture: ICE Raid on “Shameless”<https://lawprofessors.typepad.com/immigration/2019/12/immigration-in-pop-culture-ice-raid-on-shameless.html>
Sunday, December 1, 2019

*   DHS Lacked Technology Needed to Successfully Account for Separated Migrant Families<https://lawprofessors.typepad.com/immigration/2019/12/dhs-lacked-technology-needed-to-successfully-account-for-separated-migrant-families.html>
*   Alan Cumming: The racism behind anti-immigration rhetoric is palpable to every immigrant. Including me.<https://lawprofessors.typepad.com/immigration/2019/12/alan-cumming-the-racism-behind-anti-immigration-rhetoric-is-palpable-to-every-immigrant-including-me.html>
*   NPR: ‘I Want To Be Sure My Son Is Safe’: Asylum-Seekers Send Children Across Border Alone<https://lawprofessors.typepad.com/immigration/2019/12/npr-i-want-to-be-sure-my-son-is-safe-asylum-seekers-send-children-across-border-alone.html>
Saturday, November 30, 2019

*   States Push Back Against ICE Courthouse Arrests<https://lawprofessors.typepad.com/immigration/2019/11/states-push-back-against-ice-courthouse-arrests.html>
*   #NoMusicForICE<https://lawprofessors.typepad.com/immigration/2019/11/nomusicforice.html>
*   Podcast This American Life Looks at the Remain in Mexico Policy<https://lawprofessors.typepad.com/immigration/2019/11/podcast-this-american-life-looks-at-the-remain-in-mexico-policy.html>
*   Call for Papers: Michigan Law School 2020 Junior Scholars Conference<https://lawprofessors.typepad.com/immigration/2019/11/call-for-papers-michigan-law-school-2020-junior-scholars-conference.html>
*   World Migration Report 2020<https://lawprofessors.typepad.com/immigration/2019/11/world-migration-report-2020-launched.html>
Friday, November 29, 2019

*   Your Playlist: James Brown<https://lawprofessors.typepad.com/immigration/2019/11/your-playlist-james-brown.html>
*   From the Bookshelves: Open: The Progressive Case for Free Trade, Immigration, and Global Capital by Kimberly Clausing<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-open-the-progressive-case-for-free-trade-immigration-and-global-capital-by-kimb.html>
Thursday, November 28, 2019

*   Two Men Walk Into A Bar…<https://lawprofessors.typepad.com/immigration/2019/11/two-men-walk-into-a-bar.html>
*   Happy Thanksgiving!<https://lawprofessors.typepad.com/immigration/2019/11/happy-thanksgiving.html>
Wednesday, November 27, 2019

*   Immigration Article of the Day: Reframing Taxigration by Jacqueline Lainez Flanagan<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-reframing-taxigration-by-jacqueline-lainez-flanagan-.html>
Tuesday, November 26, 2019

*   TRAC Immigration: Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction<https://lawprofessors.typepad.com/immigration/2019/11/trac-immigration.html>
*   U.K. Truck Driver Admits Role in 39 Migrant Deaths<https://lawprofessors.typepad.com/immigration/2019/11/uk-truck-driver-admits-role-in-39-migrant-deaths.html>
*   Immigrants Played Vital Role in Trump Impeachment Hearings<https://lawprofessors.typepad.com/immigration/2019/11/immigrants-played-vital-role-in-trump-impeachment-hearings.html>
*   Immigrant Success Stories: Nearly Half of 2019 Rhodes Scholars are Immigrants<https://lawprofessors.typepad.com/immigration/2019/11/immigrant-success-stories-nearly-half-of-2019-rhodes-scholars-are-immigrants.html>
*   There’s no other way to explain Trump’s immigration policy. It’s just bigotry.<https://lawprofessors.typepad.com/immigration/2019/11/theres-no-other-way-to-explain-trumps-immigration-policy-its-just-bigotry.html>
*   Immigration Article of the Day: Immigration Litigation in the Time of Trump by Shoba Sivaprasad Wadhia<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-immigration-litigation-in-the-time-of-trump-by-shoba-sivaprasad-wadhi-1.html>
Monday, November 25, 2019

*   Proposed Changes to USCIS Rules for H1-B, H-4, EB-5, L-visas<https://lawprofessors.typepad.com/immigration/2019/11/proposed-changes-to-uscis-rules-for-h1-b-h-4-l-visas.html>
*   Sorry Mr. President, Americans Get Arrested More Often Than DACA Applicants<https://lawprofessors.typepad.com/immigration/2019/11/sorry-mr-president-americans-get-arrested-more-often-than-daca-applicants.html>
*   60 Minutes: A widow recalls how her husband and daughter drowned in the Rio Grande<https://lawprofessors.typepad.com/immigration/2019/11/60-minutes-a-widow-recalls-how-her-husband-and-daughter-drowned-in-the-rio-grande.html>
*   Immigration Article of the Day: Supremacy, Inc. by David S. Rubenstein<https://lawprofessors.typepad.com/immigration/2019/11/immigrtaion-article-of-the-day-supremacy-inc-by-david-s-rubenstein.html>

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

Truly a regime with endless capacity for fraud, waste, abuse, and just pure evil. Aided and abetted by complicit Article III Courts afraid to “Just Say No” to systematic statutory and Constitutional abuses.

Constantly Confront Complicit Courts 4 Change!

Due Process Forever!

PWS

12-03-19

150 YEARS AGO, ANOTHER WHITE NATIONALIST DEMAGOGUE PUSHED AMERICAN DEMOCRACY TO THE PRECIPICE – Trump Following In A. Johnson’s Shoes! — Learn About The Johnson Impeachment With “Going To The Devil” A New Docudrama From The Great Courses!

Manisha Sinha
Manisha Sinha
Professor of History
University of Connecticut

 

https://www.nytimes.com/2019/11/29/opinion/sunday/andrew-johnson-donald-trump.html

Professor Manisha Sinha writes in the NY Times:

 Opinion

Donald Trump, Meet Your Precursor

Andrew Johnson pioneered the recalcitrant racism and impeachment-worthy subterfuge the president is fond of.

By Manisha Sinha

Ms. Sinha is the author of “The Slave’s Cause: a History of Abolition.”

  • Nov. 29, 2019

Last week, in defense of her father, Ivanka Trump tweeted out a quotation she wrongly attributed to Alexis de Tocqueville: “A decline of public morals in the United States will probably be marked by the abuse of the power of impeachment as a means of crushing political adversaries or ejecting them from office.”

The misquotation came from an opinion essay in The Wall Street Journal that has since been corrected. What is fascinating about this incident though, is that the quotation actually comes from an 1889 book, “American Constitutional Law,” that defends Andrew Johnson against his impeachment in 1868. By the time the book was written, emancipation and the attempt to guarantee black rights lay in shambles, and conservatives rallied to the defense of Johnson, one of the most reviled presidents in American history.

Much more than impeachment connects the presidencies of Andrew Johnson and Donald Trump. No one expected either man to enter the White House. Both presidencies began with a whiff of illegitimacy hanging over them: Johnson’s because he became president when Lincoln was assassinated, Mr. Trump’s because he won the Electoral College despite having nearly three million fewer popular votes than his opponent, the largest losing margin of any president who actually won the election. The size of the gap did not bode well for American democracy.

Historical parallelism rarely works in a simplistic manner. But it does work when historians discern broad similarities and patterns that link our present moment to the past. Many fallible men have inhabited the office of the presidency. Only a handful have been so oblivious to the oath they took that they have met the constitutional standard for impeachment.

The first president against whom impeachment proceedings were considered was John Tyler, who like Johnson became president after an untimely death, that of President William Henry Harrison. A proslavery zealot, Tyler has the unique distinction so far of being the only president to commit treason against his country. He voted for Virginia’s secession from the Union.

Unlike Tyler, Johnson refused to go with his state, Tennessee, when it seceded from the Union. For this, he was appointed military governor of Tennessee and then rewarded with the vice-presidential spot on the National Union Party presidential ticket headed by Lincoln in 1864. Johnson came closest to being removed from the presidency when his conviction fell one vote short of the required two-thirds majority needed in the Senate.

If the recent House impeachment hearings have revealed anything, it is that Mr. Trump’s actions clearly meet the criteria laid out in the impeachment clause, “Treason, bribery or other High Crimes and Misdemeanors.” While Mr. Trump’s criminality is of the same order as Richard Nixon’s, trying to interfere in a presidential election, like Johnson, he exhibits no public or private decorum. Johnson’s and Mr. Trump’s biographies could not be more different but their lack of presidential demeanor was evident from the start. As the historian Eric Foner has put it, “Americans, more often than not, choose mediocre presidents, but require of them a decorum foreign to other aspects of their life.” Johnson, a poor white Southerner, became a slaveholder and successful politician, occupying local, state and national office. Mr. Trump, brought up in the corrupt and highflying world of New York’s real estate business, is an oddly successful political neophyte.

Both Johnson and Mr. Trump amply displayed their unfitness for the presidency before getting the job. Johnson so fortified himself with whiskey on taking his oath of office for the vice presidency that his rambling, drunken speech mortified all who were present. Lincoln, who gave his memorable Second Inaugural Address the same day, noted, “This Johnson is a queer man.” Mr. Trump is a teetotaler but ran a presidential campaign full of grotesque insults, ridicule, lies and vulgarity. His crude and cruel pronouncements after his ascent to the presidency are too many to recount. Ambassador Gordon Sondland, a Trump pick, in his testimony at the impeachment hearings in the House, uses the term “TrumpSpeak”: profanity-laced language that guided a personal political agenda and undermined United States foreign policy and national security. Both Johnson and Mr. Trump, neither blessed with literary or oratorical skills, succeeded two of the most gifted presidential wordsmiths.

But most significantly, both men made an undisguised championship of white supremacy — the lodestar of their presidencies — and played on the politics of racial division. For Johnson, it was his obdurate opposition to Reconstruction, the project to establish an interracial democracy in the United States after the destruction of slavery. He wanted to prevent, as he put it, the “Africanization” of the country. Under the guise of strict constructionism, states’ rights and opposition to big government, previously deployed by Southern slaveholders to defend slavery, Johnson vetoed all federal laws intended to protect former slaves from racial terror and from the Black Codes passed in the old Confederate states. This reduced African-Americans to a state of semi-servitude. Johnson peddled the racist myth that Southern whites were victimized by black emancipation and citizenship, which became an article of faith among Lost Cause proponents in the postwar South.

It is a myth that Mr. Trump seems to have fully bought into, given his defense of “beautiful” Confederate statues and monuments. Like Johnson, he uses derogatory language for people of color and he has expressed his preference for Nordic immigrants. Mr. Trump’s handpicked man in charge of immigration policy, the brain behind the separation of families in immigration detention camps, is Stephen Miller, who has recently been publicly revealed to be a white nationalist. The abolitionist feminist Frances Ellen Watkins Harper called Johnson an “incarnation of meanness,” words that are still applicable today.

Both Johnson’s and Mr. Trump’s concept of American nationalism is narrow, parochial and authoritarian. Johnson opposed the 14th Amendment, ratified in 1868, that guarantees equality before the law to all persons and citizenship to all born in the United States. Mr. Trump has threatened both to revoke its constitutional guarantee of national birthright citizenship and have the entire amendment overturned. Johnson’s highhanded actions and disregard of Congress led to Thomas Nast’s famous “King Andy” cartoon in Harper’s Weekly. Today Mr. Trump’s unaccountable style of governing reflects his Attorney General William Barr’s doctrine of unitary executive power, oblivious to the checks and balances and separation of powers in the Constitution.

The American republic was founded on the repudiation of the divine right of kings to rule. That is the reason that the impeachment clause of the Constitution holds elected officials, including the president, accountable for bribery and criminal wrongdoing.

Johnson and Mr. Trump not only managed to diminish their office but also engaged in actions that have dangerous repercussions for American democracy. Their crimes are not just specific impeachable acts but also the systematic undermining of the rule of law, democratic governance, human rights and the national interest. Johnson pardoned nearly all high-ranking Confederates who had taken up arms against the United States government. In one case, he also pardoned a white Virginian who murdered a black man in broad daylight and looked the other way at reports of massacres of freed people and harassment of Southern white unionists. Mr. Trump, against the advice of the Defense Department and the Navy, has just pardoned a Navy SEAL, Edward Gallagher, who violated the military’s rules of conduct. He has even hinted that he wants the disgraced Chief Gallagher at his rallies.

What Mr. Trump and his enablers call the “deep state” is nothing but the rules and norms of democratic government. It has become clear from the testimony of upstanding national security and foreign service officials like Ambassadors Marie Yovanovitch and William R. Taylor, Lt. Col. Alexander Vindman, Fiona Hill and David Holmes that he undermined the very fabric of the United States government in seeking to profit personally from the conduct of foreign policy, by withholding aid from a democratically elected anti-corruption Ukrainian government unless its officials investigated his domestic political rivals, the Bidens. Over 150 years ago, the testimony before Congress of ordinary patriotic Americans, former slaves, Southern unionists, Northern travelers to the post war South, Union Army officers and federal officials completely discredited Johnson’s racist policies.

Mr. Trump openly invites and, now we know, privately demands foreign interference in our elections, a scenario that the men who founded the American Republic and wrote its Constitution repeatedly warned against. He attacks his opponents and even supporters who do not agree with him on Twitter. Johnson, too, loved to vilify his opponents, like Frederick Douglass and Radical Republican congressmen. Both presidents precipitated a constitutional crisis that could be solved only through an impeachment process. The author Brenda Wineapple has written that Johnson was “the chief architect” of his own impeachment. The same is true of Mr. Trump.

Unlike with Nixon and Mr. Clinton, attempts to impeach Johnson and Mr. Trump preceded the actual impeachment inquiry because both systematically undermined federal laws and democratic institutions the moment they took office. Their personal narcissism and disregard for the principles of democratic governance led to early calls for impeachment. In Johnson’s case, violation of the Tenure of Office Act when he removed Lincoln’s Secretary of War, Edwin Stanton, led to his impeachment. While this law encroached on executive privilege, it was intended to prevent Johnson’s interference in congressional Reconstruction and his increasingly dangerous obstructionism. It was the law of the land when Johnson violated it by firing Stanton. Similarly, while it is certainly a president’s prerogative to appoint and fire American ambassadors, the removal of Ambassador Yovanovitch was the result of a sleazy attempt to pressure Ukraine’s government.

In 1866, a Northern public sickened by Johnson’s antics and vitriolic rhetoric elected a thumping majority of his opponents. In 2018, the country handed a rebuke to Mr. Trump by electing a Democratic majority in the House of Representatives, which has now begun impeachment proceedings against him. Trump has handed his own smoking gun to them, his infamous call with President Volodymyr Zelensky of Ukraine. Johnson removed and belittled Union Army officers. The Purple Heart-wearing Lt. Col. Vindman has been subject to nativist, anti-Semitic slurs and death threats after his moving testimony.

Johnson’s defenders, like Senator Willard Saulsbury of Delaware, the one man who could drink him under the table, and Senator Garrett Davis of Kentucky, were as oblivious to facts, reason and propriety as their modern counterparts, Senator Lindsey Graham and Representatives Devin Nunes and Jim Jordan. The vote to convict Johnson lost as a handful of moderate Republicans voted to acquit when he promised not to interfere in Reconstruction any longer, though he remained unrepentant, continuing to criticize the attempt to establish black citizenship until the day he died in 1875. But Johnson was damaged goods after impeachment, and neither the Republicans nor the Democrats wanted him anywhere near their presidential tickets in 1868.

House Democrats face a different scenario today given a Republican majority in the Senate. The likelihood of convicting Mr. Trump is much lower than it was for Johnson. The Republican Party, no longer the party of Lincoln, refuses to be persuaded, even in the face of overwhelming evidence. Like the Republicans in 1868, House Democrats are not waiting for a presidential election to send a rebuke to a president who behaves with impunity against his country, its ideals and interests. The House Judiciary Committee would do well to develop articles of impeachment not just on narrow legalistic grounds but also on the broad ground of violation of the Constitution and the undermining of American democracy.

In drawing up 11 articles of impeachment against Johnson, House Republicans focused narrowly on violation of the Tenure of Office Act in the first nine. But the last two articles accused Johnson of opposing Reconstruction and bringing “disgrace, ridicule, hatred, contempt and reproach,” onto “the Congress of the United States” and for his “intemperate, inflammatory and scandalous harangues, and therein utter loud threats and bitter menaces, as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter of the multitudes then assembled in hearing,” language that could be used verbatim against Mr. Trump. As Representative George Julian pithily put it, Johnson ought to be impeached for “his career of maladministration and crime.”

Some of the most damning testimony against Mr. Trump has come from impressive women like Ambassador Yovanovitch and Fiona Hill. Their 19th-century counterparts were abolitionists like the stalwart Lydia Maria Child, who wrote words as true today as then: “Every true lover of the country must want to creep into a knot hole and hide himself, wherever the name of our president is mentioned.” Johnson and Mr. Trump are both authoritarian demagogues who threatened the world’s longest lasting experiment in democratic republicanism. Democrats must convince the American people not only of Mr. Trump’s specific crimes, but of the very real danger that his continuing presence in office presents to the Republic.

Manisha Sinha, a professor of history at the University of Connecticut, is the author of “The Slave’s Cause: A History of Abolition.”

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.

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Want to know more about the Johnson impeachment?

Check out this new 1 hr. 15 min. docudrama from The Great Courses: “Going To The Devil.”

Subscribers to “The Great Courses Plus” can get it at the website. Even if you don’t have access, you can sign up for a free trial.

Either way, you can check out the free trailer here:

https://www.thegreatcoursesplus.com/show/going_to_the_devil_the_impeachment_of_1868

FULL DISCLOSURE: Our son Will works for The Great Courses.

PWS

12-01-19

 

 

ALAN CUMMING @ NBC NEWS:  THE ANTI-IMMIGRATION MOVEMENT IS ALL ABOUT RACISM, PLAIN AND SIMPLE: “This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak.“

Alan Cumming
Alan Cumming
Actor

https://apple.news/A9MUmrFflRFuwxRgcWulUGQ

Opinion | The racism behind anti-immigration rhetoric is palpable to every immigrant. Including me.

America is such a young country: It’s only a few hundred years old, and no one who has been here for only a few generations is without an immigrant connection. So, from the outside — from a place like Europe — the idea that Americans are not connected to immigration and our immigrant pasts seems like we are denying ourselves. We sound very self-hating about the very notion of immigration, but we’re actually just confusing racism with a desire to fix the immigration system.

I see that all the time: Things that are being said about immigration and the ideals of immigration are basically just being used as a thinly veiled form of racism. It’s so blatant. The president himself actually said he doesn’t mind people coming from countries like Norway — white people; it’s the people from “shithole countries” he doesn’t want. It seems almost pedantic and obsolete to actually have to talk about the fact that it’s racism.

The contributions of all immigrants has been so derided by our present administration, so I felt that I needed to celebrate immigration rather than have it openly derided. Also, I wanted to try to make people stand back and just see the anti-immigration propaganda that they were being fed, and understand instead how this country is what it is because of immigration. That was the genesis of my cabaret show (now an Audible book) “Legal Immigrant.”

The whole point of the show was to tell my experience from my perspective as immigrant, but also to show that I’m feeling these negative things about being an immigrant and I’m a white man of privilege; I can’t imagine what it must be like for people of color or Muslims. I don’t know the exact percentage, but I would say that, the day I became an American, at least 75 percent of the other people being sworn in with me were people of color.

So I wanted to try and make people stand back from this vehemence and have some fun while analyzing what was going on. I don’t want to be didactic, though: I understand that there are problems with the immigration system; I understand there’s a massive refugee problem in the world. But I will not condone racism or bigotry as part of that debate.

That doesn’t mean I’m not open to dialogue. I like when people engage, that’s why I do theater. I don’t want to just be behind a screen; I actually enjoy the fact that I can hear how people are reacting to me. And I’ve been heckled doing the show — from both sides. I want to hear what people have to say and I totally engage with some people. A couple of times it got quite rowdy, but that’s why I wanted to do these cabarets. They’re good ways to get people to engage and be provoked, and to maybe change their minds … or at least consider other options. And, at the end of the show, I make everyone in the audience sing “The Sun Will Come Out Tomorrow,” so I’m obviously someone who likes bringing people together, even though I also like provoking them.

There’s a thing in this country right now: Any dissent against the president or any disagreement with his views is seen as a red flag and people immediately respond in an aggressive way. People are just screaming at one another right now; it makes it very difficult to engage. And so, aside from trying to celebrate immigration, I’m trying to get people to also stand back and try to not let the tropes of this awful rhetoric blind us to what is actually going on.

This government is trying to brainwash its citizens into believing that the very thing that has made America what it is and has made America great — immigration — is a negative thing. That is complete doublespeak. The idea that if you’re pro-immigrant, you’re anti-America, and if you’re anti-immigration, you are pro-America is completely wrong. That’s not just my opinion; if you stand back from it and look at the history of this country, you can’t deny that is the truth.

I really do believe that people have lost the power of analysis in this country because of the duality of the political system: Politics in this country is a team sport. I also think that, with people like Betsy DeVos running the Education Department, it’s going to take a long time before we have a generation who can regain the powers of analysis. It’s all a multilayered effort to dumb us down, in order to be able to brainwash us and feed us propaganda. We need to stand up and take heed before it’s too late.

As told to THINK editor Megan Carpentier, edited and condensed for clarity.

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

Yup!

It’s hard to have a “debate” or a “dialogue” when one side is wedded to myths and bogus narratives, rather than facts: when one side is driven by what it wants to believe, egged on by those who find it politically advantageous, rather than truth.

One of the worst of the many horrible things about the Trump Regime is that supposedly responsible public officials spread the anti-immigrant, anti-refugee White Nationalist myths and false narratives (see, e.g., “Gonzo Apocalypto,” Barr, “Big Mac With Lies,” Nielsen, “Cooch Cooch,” Mark “Fund My TGIF” Morgan, Matt Albence, EOIR, etc.).

PWS

12-01-19

DAHLIA LITHWICK @ SLATE & THE REST OF US SHOULD BE THANKFUL FOR THE NEW DUE PROCESS ARMY — No Subpoenas, No Fat Book Contracts, No “Anonymous” Editorials, Shoestring Budget – But, They’re Out There Every Day Throughout Our Nation & Across Borders, Working Tirelessly & Thanklessly For Due Process & Against The Legal Nihilism Of The Trump Regime & The Complicity Of The Courts That Lithwick Fears!

Dahlia Lithwick
Dahlia Lithwick
Legal Reporter
Slate

 

https://apple.news/AapOCnRi6R9mdcAZfT0s-FA

 

Dahlia writes @ Slate:

 

Jurisprudence

America’s Descent into Legal Nihilism

The president would always like to be the president. And he’s bending the law to his will to do so.

November 27 2019 4:41 PM

It is a Thanksgiving tradition to spend time thinking about what one is thankful for; a healthy practice that reminds us to see the world in a positive light. Gratitude is good for us and we should not take it for granted. This year, though, I feel compelled to spend at least a bit of time focusing not only what I am thankful for, but on what I am freaking out about. And the thing that concerns me greatly these days is simple: The president seems to have no intention of leaving office and we seem to have no meaningful plan to address that.

It’s not just that this president benefitted from Russian interference in the 2016 election (and in fact solicited it publicly, recall “Russia if you’re listening”). It’s not just that he denies—in the face of the incontrovertible conclusions of his own intelligence agencies and the Senate intelligence committee—that Russia played any part in his 2016 electoral victory. It’s that he still believes a demonstrable fraud about illegal voting and Ukrainian election interferenceand deep state plots to oust him and has demanded his cabinet officers repeat it. Moreover he has demanded that his Attorney General investigate it. His insistence that everyone around him participate in his version of reality allows him to repeat the material falsehood that he won by a landslide in 2016, and that there will be more attempts to suppress his victory in 2020.

The president has also taken the legal position that he cannot be indicted while in office; a position rooted in a memorandum that originated in the Office of Legal Counsel in 1973, and was reaffirmed in 2000, that may or may not be correct, as legal experts are thoroughly conflicted. Trump and his Justice Department have extrapolated from that memorandum that he also cannot even be investigated while in office. In court proceedings defending that unprecedented position, his attorney has in fact stated that even if he shot someone on Fifth Avenue while in office, he could not be subject to criminal processes, because he is the president and presidents are immune from such things even if they themselves commit murder. Under this untested legal theory, the president is incapable of criminal conduct, and his lawyers, and even some of his recently seated judges, when pressed, claim that the only proper channel through which to investigate a president’s criminal conduct would be via impeachment.

Happily, an impeachment process has begun, which is, in its way, something to be thankful for. And yet the Trump White House refuses to participate, insisting that the entire process is unconstitutional. Not only does the President claim that the investigation is impermissible, he has also issued a blanket refusal for anyone in his administration, or who has ever been in his administration, to cooperate with the impeachment inquiry. Even as a federal judge rejected that position outright on Monday evening, former White House Counsel Don McGahn, joined by the Department of Justice, have appealed that ruling, which might have unblocked the obstruction of several vital impeachment witnesses. John Bolton, who is very busy tweeting and pitching a book, will also decline to testify, although the district court order expressly rejects his reasoning. Bolton’s refusal to testify, even when offered the cover of a judicial order, meaning that he could claim to testify reluctantly, and even if testifying in an impeachment inquiry could conceivably mean nothing more than refusing to answer every single question under claims of executive privilege, suggests that the White House’s efforts to stymie the only means of investigating a president that it says it would permit, will prevail.

The growing hysteria about imaginary past Ukranian election interference, a ludicrous impeachment defense, will be used to deflect from the emphatically certain future Russian election interference (as well as interference from other nations who reasonably want in on the fun). The Mitch McConnell-dominated  Senate has declined to do anything to protect against that certainty and instead is building a judiciary that will permit it. Please consider, as well, that the geniuses among us who claim that we should ignore Trump’s effort to conscript Ukraine into working on his 2020 presidential run, and just defeat him roundly at the polls, are forgetting that Donald Trump’s entire raison d’etre, his past and future destiny, is to manipulate presidential elections in ways that preclude his round defeat at the polls. That is why he worked—as we now know—with Roger Stone to distort the outcome of the 2016 elections, it is also why he withheld almost $400 million in appropriated aid to Ukraine this summer. Insisting that we will let the voters decide this matter in a free and fair election in 2020 has to be the Lucy-football-est move ever, in a three-year festival of Lucy-footballing.

There’s more. Donald Trump does not necessarily intend to leave office even if he loses the 2020 presidential election. He jokes about it constantly. He never agreed that he would concede if he lost to Hillary Clinton in 2016, remember. His claims about election and voter fraud are not just ego-food about his popular vote numbers in 2016, but also set up for 2020. The anonymous author of a new Trump book says as much. It’s taken a long time to even consider this possibility openly. And just as we soothed ourselves that the military would be the keystone to his removal if it came right down to that, the president has redefined the US military as an appendage of his own desires. At his Florida rally on Tuesday night, Trump dismissed any resistance to his actions in pardoning servicemembers accused of war crimes as emanating from “the deep state.” He reportedly wants these new military heroes he is elevating to join him on the campaign trail. And just as he has falsely dismissed honorable career professionals in the foreign service as “deep staters,” and “Never Trumpers” he will now refuse to hear from anyone in the military who argues for internal honor codes and discipline as the same.

Don McGahn thinks someone else is responsible for taking care of all this, as, evidently, does John Bolton. Robert Mueller made the same mistake last spring, when he decided it was Congress’s responsibility to act on what he had found. And so, to be frank, did most of the impeachment witnesses, many of whom only came forward to corroborate the whistleblower’s anonymous report, and some of whom only came forward only pursuant to a subpoena. Everyone seems to assume vast quantities of courage in other people that they cannot seem to find in themselves. Yet somehow, our greatest worry in the coming days will be how to remain civil with one another over a large bird and its cute little cranberry accessories. The president believes that he is above the law and has foreclosed any attempt to prove otherwise. The president seems unable to conceive of himself losing an election. The president is counting on all of us to merely hope that something somewhere gets done about all this stuff at some point, but to never actually do anything ourselves beyond passing the stuffing around. This year, what I am most thankful for is the people who are trying to do that something themselves.

 

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I’m most thankful for all of my wonderful, dedicated colleagues in our Roundtable of Former Immigration Judges, an important “brigade” of the New Due Process Army. The NDPA does more than “merely hope that something somewhere gets done about all this stuff at some point.”

 

We’re out there leading “the Resistance” (yes, Billy Barr, not everyone is a sleazy sycophant like you) and fighting the forces of White Nationalism, xenophobia, racism, and “legal nihilism” every day in every possible way! Thanks for all you do my friends and colleagues for America, American justice, and to see that the most vulnerable among us get the rights to which they are legally entitled but which are being denied by a fundamentally dangerous and dishonest regime assisted by complicit courts.

 

Due Process Forever; Legal Nihilism & Complicit Courts Never!

 

Happy Thanksgiving,

 

PWS

11-28-19

 

 

 

IT’S NEVER BEEN ABOUT “LEGAL V. ILLEGAL,” “BORDER SECURITY,” “JOBS,” OR “GETTING IN (NON-EXISTENT) LINES” — The Trump Regime Has Always Been About A White Nationalist Immigration Agenda Of Hate!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/theres-no-other-way-to-explain-trumps-immigration-policy-its-just-bigotry/2019/11/25/348b38f4-0fcc-11ea-9cd7-a1becbc82f5e_story.html

 

Catherine Rampell in the WashPost:

 

November 25, 2019 at 7:58 p.m. EST

It was never about protecting the border, rule of law or the U.S. economy. And it was never about “illegal” immigration, for that matter.

Trump’s anti-immigrant bigotry was always just anti-immigrant bigotry.

There’s no other way to explain the Trump administration’s latest onslaught against foreigners of all kinds, regardless of their potential economic contributions, our own international commitments or any given immigrant’s propensity to follow the law. Trump’s rhetoric may focus on “illegals,” but recent data releases suggest this administration has been blocking off every available avenue for legal immigration, too.

Last month, the number of refugees admitted to the United States hit zero. That’s the first month on record this has ever happened, according to data going back nearly three decades from both the State Department and World Relief, a faith-based resettlement organization.

 

So what happened?

The problem wasn’t that the 26-million-strong global refugee population lacked a single person who met America’s strict screening requirements. No, our admissions flatlined because Trump announced and then delayed signing a new refugee ceiling for the 2020 fiscal year. This delay led to a complete moratorium on admissions.

Hundreds of flights were canceled for approved refugees who had waited years or decades to come — once again, legally — to our shining city on a hill. As the moratorium dragged on, some refugees’ eligibility expired. At least four were minors who have now turned 18. This means they’ve aged out of the resettlement program they were accepted under and now must get back in line, perhaps indefinitely, to reapply under a different system as adults.

By the way, when Trump finally did sign off on that new fiscal 2020 refugee ceiling, it was for a mere 18,000 admissions. That too is an all-time low. The Trump administration has also thrown up other roadblocks for refugees, such as allowing states and localities to veto any resettlements within their borders. (This policy is being challenged in court.)

Trump supporters might argue that, whatever our moral obligations to the world’s destitute and desperate, the president is merely keeping immigrants out to protect our economy.

They are wrong.

The Trump administration’s own research — which it attempted to suppress — found that refugees are a net positive for the U.S. economy and government budgets. That is, over the course of a decade, refugees pay more in taxes than they receive in public benefits.

The Trump administration is also turning away categories of legal would-be immigrants who are historically admitted because they are economically valuable.

Last week, for instance, we learned that enrollment of new international students has fallen more than 10 percent over the past three years, according to the Institute of International Education.

This is a shame. Higher education has been one of our most successful industries, adding $45 billion to the U.S. economy last year alone. International students spend money in the local economies where they study — on lodging, food, books, entertainment. They are also more likely to pay full freight in tuition. This means they cross-subsidize American students, especially in states where public education funding has fallen.

International students are also more likely to major in high-demand STEM fields, providing U.S. employers with a pipeline of talent that supports the jobs of native-born Americans.

New international student enrollment is declining for a number of reasons, including high tuition and fear of campus gun violence. But the barrier most frequently cited by universities lately is problems with the visa-application process. Meanwhile, other developed countries, such as Canada and Australia, are poaching students who might otherwise have contributed their talents here.

These are hardly the only signs we’re discouraging or denying legions of desirable and legal would-be immigrants.

Denial rates for H-1B visas — awarded to high-skilled workers — have more than doubled since Trump took office, according to tabulations from National Foundation for American Policy. Processing delays for citizenship applications have doubled. Naturalization and visa fees have skyrocketed.

Meanwhile, when families apply for their legal right to asylum at the border, we tell them to await processing in Mexico, in a region so dangerous that Americans are instructed not to visit. (“Violent crime, such as murder, armed robbery, carjacking, kidnapping, extortion, and sexual assault, is common,” the State Department website advises.)

There, asylum seekers live outdoors, in filthy, flooded, freezing tents. Agonized parents send sick and frostbitten toddlers to cross into the U.S. alone, because they fear they’ll die waiting in Mexico.

And if these desperate families don’t like living in squalor, we tell them they should just return home, get in line and apply through another legal route into the United States. Perhaps as refugees, students or workers.

As though there were still such routes to be found.

 

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It’s institutionalized hate, racism, sexism, lawlessness, and cruelty.

 

One of the worst things is that’s it’s basically enabled by Federal Appellate Courts who see the same problems as many U.S. District Judge do, but “go along to get along” by “normalizing” Trump’s disgraceful racist behavior and “deferring” to pretextual Executive actions that are merely facades for a dishonest, illegal, and unconstitutional White Nationalist agenda. Sort of reminds me of the bogus “separate but equal” doctrine of judicial cowardice.

 

Apparently, too many life-tenured Article IIIs in the ivory tower think that they and their privileged circles will escape the gratuitous harm being inflicted on our nation and on vulnerable individuals by a scofflaw executive. Certainly, not unlike the enabling white male judges and Supreme Court Justices who “looked the other way” and thereby enabled Jim Crow regimes to corruptly use our legal system to disenfranchise, murder, oppress, and otherwise abuse African American citizens.

 

Where has judicial courage among the higher levels of our Federal Judiciary gone?

 

PWS

 

11-26-19

 

 

GET THE LATEST SKINNY ON THE REGIME’S ANTI-IMMIGRANT AGENDA HERE: The Gibson Report — 11-25-19 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group

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

TOP UPDATES

1st Honduran returned to Guatemala under US asylum accord<https://apnews.com/50f77fd8b67f49db8744daa788914187>

AP: Under a July agreement between the U.S. and Guatemala, asylum seekers have to file claims in Guatemala rather than in the United States if they crossed through Guatemala on their way to the U.S. border. The agreement primarily affects immigrants from Honduras and El Salvador whose land routes to the U.S. border pass through Guatemala. See also leaked training materials.<https://www.reuters.com/article/us-usa-immigration-guatemala-asylum/trump-administration-prepares-to-send-asylum-seekers-to-guatemala-idUSKBN1XU2SI>

The Trump Administration Was Ordered to Let These Migrants Seek Asylum. It Didn’t Tell the Judges Hearing Their Cases.<https://www.propublica.org/article/the-trump-administration-was-ordered-to-let-these-migrants-seek-asylum-it-didnt-tell-the-judges-hearing-their-cases>

ProPublica: A federal judge ruled Tuesday that migrants couldn’t be barred from asylum under a regulation that came out while they were waiting at the U.S.-Mexico border. The administration appears to be dragging its feet in complying.

Trump Plans Far-Reaching Set Of New Immigration Regulations<https://www.forbes.com/sites/stuartanderson/2019/11/21/trump-plans-far-reaching-set-of-new-immigration-regulations/#271a3870262a>

Forbes: Many items on the regulatory agenda aim to restrict asylum, which has already seen wholesale changes in procedures in the past three years.

NY’s Backlog of Immigration Cases Continues to Grow<https://www.ny1.com/nyc/all-boroughs/news/2019/11/21/ny-state-s-backlog-of-immigration-cases-continues-to-grow>

NY1: The Trump administration’s budget proposal calls for spending $71 million more and hiring an additional 100 judges and support staff next year.

A Top US Immigration Official Threatened To Fire Employees For Leaking Information To The Media<https://www.buzzfeednews.com/article/hamedaleaziz/us-immigration-officials-threatened-media-leaks>

BuzzFeed: “I feel like there were no leaks before USCIS started doing super-sketchy things,” one official told BuzzFeed News in response to the memo.

USCIS Issues Guidance on Adjustments by Individuals Whose Conditional Permanent Residence Has Been Terminated<https://www.aila.org/infonet/guidance-on-adjustments-by-cpr-individuals>

USCIS issued policy guidance on the application of Matter of Stockwell, clarifying when USCIS may adjust the status of an individual whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the individual can file a new adjustment of status application. This guidance applies to adjustment of status applications filed with USCIS on or after 11/21/19. Comments are due by 12/5/19. AILA Doc. No. 19112190

LITIGATION/CASELAW/RULES/MEMOS

Scott Warren Not Guilty in Trial for Border Humanitarian Work<https://theintercept.com/2019/11/23/scott-warren-verdict-immigration-border/>

Intercept: A jury found Scott Warren not guilty in the government’s second attempt to lock him up for providing humanitarian aid on the border in Arizona.

5 Journalists Are Suing the U.S. Government After Border Officials Questioned Them at Length<https://www.commondreams.org/news/2019/11/21/attempt-criminalize-basic-human-kindness-fails-activist-scott-warren-found-not>

AP: The lawsuit filed by the American Civil Liberties Union recounts the experiences of the freelance photographers and seeks to test the limits of U.S. officials’ broad authority to question anyone, including journalists, entering the country.

<https://www.commondreams.org/news/2019/11/21/attempt-criminalize-basic-human-kindness-fails-activist-scott-warren-found-not>

Supreme Court sets briefing in case reviewing immigration advocacy as violation of statute prohibiting enouragement of unlawful presence<https://lawprofessors.typepad.com/immigration/2019/11/supreme-court-reviewing-immigration-advocacy-as-free-speech-vs-encouragement.html>

ImmProf: The Supreme Court has agreed to take up United States v. Sineneng-Smith this term, a case that concerns a little-used provision of immigration law that forbids “encourag[ing] or induc[ing] an alien to … reside in the United States” when the encourager knows that person has no legal status.

Matter of REYES, 27 I&N Dec. 708 (A.G. 2019)<https://go.usa.gov/xpXSc>

Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review.  See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties and interested amici to submit briefs that address whether an alien who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony for purposes of 8 U.S.C. §1227(a)(2)(A)(iii), where all of the elements of the underlying statute of conviction, and thus all of the means of committing the offense, correspond either to an aggravated felony theft offense, as defined in 8 U.S.C. §1101(a)(43)(G), or to an aggravated felony fraud offense, as defined in 8 U.S.C. §1101(a)(43)(M)(i).

DHS Notice of Agreement Between United States and Guatemala Regarding Protection Claims<https://www.aila.org/infonet/dhs-84-fr-64095-11-20-19>

Posted 11/20/2019

DHS published a copy in the Federal Register of the Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Cooperation Regarding the Examination of Protection Claims, which was signed on 7/26/19. (84 FR 64095, 11/20/19)

AILA Doc. No. 19112030

EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements<https://www.aila.org/infonet/eoir-releases-guidance-on-implementation-of-asylum>

EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19. AILA Doc. No. 19112036

EOIR Issues Guidance on Child Advocates Appointed by HHS for UACs<https://www.aila.org/infonet/eoir-issues-guidance-on-child-advocates-appointed>

EOIR issued PM 20-03 memorializing EOIR’s policy regarding child advocates appointed by the Secretary of Health and Human Services under the TVPRA of 2008, stating that this authority only exists for “child trafficking victims and other vulnerable unaccompanied alien children,” not for all UACs. AILA Doc. No. 19112035

USCIS Issues Policy Alert on USCIS Special Immigrant Juvenile Classification<https://www.aila.org/infonet/uscis-issues-policy-alert-uscis-special-immigrant>

USCIS updated the USCIS Policy Manual regarding the Special Immigrant Juvenile classification to incorporate recent clarifications made in three adopted AAO decisions. Clarifications are effective immediately and apply to cases pending on or filed on or after 11/19/19. Comments are due by 12/3/19. AILA Doc. No. 19111932

Executive Branch Fall 2019 Regulatory Plan<https://www.aila.org/infonet/executive-branch-fall-2019-regulatory-plan>

The Executive Branch released its Fall 2019 Regulatory Plan. AILA Doc. No. 19112132

EOIR Final Rule Exempting OCAHO Case Management System from Privacy Act<https://www.aila.org/infonet/eoir-84-fr-64198-11-21-19>

EOIR final rule exempting the “OCAHO Case Management System” system of records from certain provisions of the Privacy Act. The rule is effective 12/23/19. (84 FR 64198, 11/21/19) AILA Doc. No. 19112130

EVENTS

*   11/25/19 How to Fight the Harmful Proposed Changes to Immigration Filing Fees and Fee Waivers Webinar<https://www.ilrc.org/webinars/how-fight-harmful-proposed-changes-immigration-filing-fees-and-fee-waivers>

*   11/26/19 ONA Webinar – Court Ruling Upholds Special Immigrant Juvenile Status Protections<https://forms.gle/KxCvKv8EsXLNbcsVA>

*   12/4/-5/19 52nd Annual Immigration & Naturalization Institute<https://www.pli.edu/programs/immigration-and-naturalization-institute?t=live>

*   12/4/19 Public Charge Train the Trainer<https://tockify.com/thenyic/detail/72/1575468000000>

*   12/5/19 U Visas in Removal Proceedings<https://agora.aila.org/Conference/Detail/1629>

*   12/5/19 Trauma Informed Interviewing For Lawyers – NSC Pro Se Clinic<https://www.newsanctuarynyc.org/trauma_informed_interview_lawyer_training_20191205>

*   12/5/19 Foundations in Immigration Law<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>

*   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>

*   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>

*   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>

*   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>

*   2/28/2020 5th Annual New York Asylum and Immigration Law Conference

ImmProf

Monday, November 25, 2019

*   60 Minutes: A widow recalls how her husband and daughter drowned in the Rio Grande<https://lawprofessors.typepad.com/immigration/2019/11/60-minutes-a-widow-recalls-how-her-husband-and-daughter-drowned-in-the-rio-grande.html>

*   Immigration Article of the Day: Supremacy, Inc. by David S. Rubenstein<https://lawprofessors.typepad.com/immigration/2019/11/immigrtaion-article-of-the-day-supremacy-inc-by-david-s-rubenstein.html>

Sunday, November 24, 2019

*   Deported & Disowned<https://lawprofessors.typepad.com/immigration/2019/11/deported-disowned.html>

*   Another Immigration Case for the Supreme Court? United States v. California<https://lawprofessors.typepad.com/immigration/2019/11/another-immigration-case-for-the-supreme-court-united-states-v-california.html>

*   Trump’s latest gambit: Send asylum seekers to ‘Safe Third Countries’ that are less than safe<https://lawprofessors.typepad.com/immigration/2019/11/trumps-latest-gambit-send-asylum-seekers-to-safe-third-countries-that-are-less-than-safe.html>

*   U.S.-Canada Border Community’s Culture Changes As Security Tightens<https://lawprofessors.typepad.com/immigration/2019/11/us-canada-border-communitys-culture-changes-as-security-tightens.html>

*   Immigration Article of the Day: The Trauma of Trump’s Family Separation and Child Detention Actions: A Children’s Rights Perspective by Jonathan Todres and Daniela Villamizar Fink<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-the-trauma-of-trumps-family-separation-and-child-detention-actions-a-.html>

Saturday, November 23, 2019

*   Your Playlist: The Beatles<https://lawprofessors.typepad.com/immigration/2019/11/your-playlist-the-beatles.html>

*   Immigration Article of the Day: Trump’s ‘Immployment’ Law Agenda: Intensifying Employment-Based Enforcement and Un-Authorizing the Authorized by Kati L. Griffith & Shannon Gleeson<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-trumps-immployment-law-agenda-intensifying-employment-based-enforceme.html>

Friday, November 22, 2019

*   Immigrant of the Day: Dr. Fiona Hill<https://lawprofessors.typepad.com/immigration/2019/11/immigrant-of-the-day-dr-fiona-hill.html>

*   Karen Musalo: Restore asylum for women fleeing abuse and death<https://lawprofessors.typepad.com/immigration/2019/11/karen-musalo-restore-asylum-for-women-fleeing-abuse-and-death-.html>

*   Immigration Article of the Day: Enter at Your Own Risk: Criminalizing Asylum-Seekers by Thomas M. McDonnell and Vanessa H. Merton<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-enter-at-your-own-risk-criminalizing-asylum-seekers-by-thomas-m-mcdon.html>

Thursday, November 21, 2019

*   New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.<https://lawprofessors.typepad.com/immigration/2019/11/new-homeland-security-asylum-rule-allows-removal-to-central-american-countries-that-have-signed-agreements-with-the-us.html>

*   Five Films about Immigration and Belonging, intro by Viet Thanh Nguyen<https://lawprofessors.typepad.com/immigration/2019/11/five-films-about-immigration-and-belonging-intro-by-viet-thanh-nguyen.html>

*   News from the US/Mexico Border: JURY ACQUITS NO MORE DEATHS VOLUNTEER OF FELONY HARBORING CHARGES<https://lawprofessors.typepad.com/immigration/2019/11/news-from-teh-usmexico-border-jury-acquits-no-more-deaths-volunteer-of-felony-harboring-charges.html>

*   Immigration Article of the Day: What Matter of Soram Got Wrong: ‘Child Abuse’ Crimes that May Trigger Deportation Are Constantly Evolving and Even Target Good Parents by Kari E. Hong & Philip Torrey<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-what-matter-of-soram-got-wrong-child-abuse-crimes-that-may-trigger-de.html>

Wednesday, November 20, 2019

*   Professor Tom Wong Announces Bid for 53rd Congressional District (San Diego, Californa)<https://lawprofessors.typepad.com/immigration/2019/11/professor-tom-wong-announces-bid-for-53rd-congressional-district-san-diego-californa.html>

*   Supreme Court sets briefing in case reviewing immigration advocacy as violation of statute prohibiting enouragement of unlawful presence<https://lawprofessors.typepad.com/immigration/2019/11/supreme-court-reviewing-immigration-advocacy-as-free-speech-vs-encouragement.html>

*   Inspector General sounds warning about lack of permanent senior leadership at DHS<https://lawprofessors.typepad.com/immigration/2019/11/inspector-general-sounds-warning-about-lack-of-permanent-senior-leadership-at-dhs.html>

*   From the Bookshelves: No Friend But the Mountains: Writing from Manus Prison by Behrouz Boochani<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-no-friend-but-the-mountains-writing-from-manus-prison-by-behrouz-boochani.html>

*   Immigration Article of the Day: 287(g) Agreements in the Trump Era by Huyen Pham<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-287g-agreements-in-the-trump-era-by-huyen-pham.html>

Tuesday, November 19, 2019

*   BREAKING: Federal Court Blocks Trump Asylum Ban from Being Applied to Thousands of Asylum Seekers<https://lawprofessors.typepad.com/immigration/2019/11/breaking-federal-court-blocks-trump-asylum-ban-from-being-applied-to-thousands-of-asylum-seekers.html>

*   President Trump’s Latest Efforts to Stop the Flow of Central American Asylum Seekers to the United States<https://lawprofessors.typepad.com/immigration/2019/11/president-trumps-latest-efforts-to-stop-the-flow-of-central-american-asylum-seekers-to-the-united-st.html>

*   From the Bookshelves: America for Americans:  A History of Xenophobia in the United States by Erika Lee<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-america-for-americans-a-history-of-xenophobia-in-the-united-states-by-erika-lee.html>

*   Immigration Article of the day: Rodrigo’s Rebuke: Originary Violence and U.S. Border Policy by Richard Delgado<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-rodrigos-rebuke-originary-violence-and-us-border-policy-by-richard-de.html>

*   Fox Sports: America’s best foreign imports in sports<https://lawprofessors.typepad.com/immigration/2019/11/fox-sports-americas-best-foreign-imports-in-sports.html>

Monday, November 18, 2019

*   Pete Wilson Continues to Defend Proposition 187<https://lawprofessors.typepad.com/immigration/2019/11/pete-wilson-continues-to-defend-proposition-187.html>

*   From the Booksheves: Immigration and Nationality Law:  Problems and Strategies by Lenni B. Benson, Stephen W. Yale-Loehr, Shoba Sivaprasad Wadhia, second edition<https://lawprofessors.typepad.com/immigration/2019/11/from-the-booksheves-immigration-and-nationality-law-problems-and-strategies-by-lenni-b-benson-stephe.html>

*   Guest Post: RELIANCE INTERESTS AND FUTURE DACA LITIGATION by Geoffrey A. Hoffman<https://lawprofessors.typepad.com/immigration/2019/11/guest-post-reliance-interests-and-future-daca-litigation-by-geoffrey-a-hoffman.html>

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

So many ways to screw migrants out of their rights and lives. So many unethical government officials doing it. So many Article III Judges looking the other way.

PWS

11-25-19

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

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

https://apple.news/AKO1peXCgQpS_Ol7Hfyg_6g

Stuart Anderson writes in Forbes:

Trump Plans Far-Reaching Set Of New Immigration Regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-22-19

“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

 

Catherine writes @ WashPost:

 

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

 

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

Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

 

PWS

11-15-19

 

 

CONGRATS TO PROFESSOR MICHELE PISTONE! – NDPA LEADER WINS PRESTIGIOUS KAPLAN AWARD & GRANT FOR VIISTA PROJECT TO MAKE LOW COST LEGAL SERVICES FROM HIGHLY TRAINED & CERTIFIED “NONATTORNEY REPRESENTATIVES” AVAILABLE TO THOUSANDS MORE MIGRANTS IN NEED!

Professor Michele Pistone
Professor Michele Pistone
Villanova Law

From: Tara Magner [mailto:tara.magner@gmail.com]
Sent: Thursday, November 14, 2019 8:13 AM

 

Dear Friends:

 

Please join me in congratulating our dear friend and wonderful colleague Michele Pistone on winning the JM Kaplan Innovation Prize for her project, VIISTA. Michele has been developing this idea for a few years now, with the thoughtful contributions of many on this list. It is wonderful to see her work recognized and even more exciting to imagine how VIISTA will vastly expand high-quality, low cost legal services for immigrants.

 

Here is the text from the Kaplan announcement, but please go to this link and watch the video, too. It is inspiring.

https://www.jmkfund.org/awardee/michele-pistone/

 

Congrats Michele!  Best — Tara

 

MICHELE PISTONE

VIISTA

PENNSYLVANIA

Project Overview

Immigrants in America face a profound justice gap: six out of ten confront the immigration system without a lawyer. And that carries dire consequences: the Vera Institute of Justice found that immigrants with legal representation had an 1,100% increase in successful immigration court outcomes compared to unrepresented cases—leaving far fewer families torn apart by deportation orders. Unlike criminal proceedings in which defendants have the right to representation, immigrants are not entitled to court-appointed lawyers. And in a vast number of cases, immigration attorneys are out of reach due to access or cost constraints. As a bold solution, the Villanova University Interdisciplinary Immigration Studies Training for Advocates (VIISTA) program will offer the first university-based, online certificate program to train non-lawyers to assist immigrants. VIISTA seeks to revolutionize immigration law by educating a new category of legal advocates, much like the role nurse practitioners play in health care. Under existing regulations, graduates will be eligible to apply to become Department of Justice “accredited representatives” who can provide low-cost representation. VIISTA’s scalable and affordable platform will build a nationwide pipeline for hundreds, if not thousands, of passionate advocates fighting to advance immigrants’ rights.

 

FIVE QUESTIONS

1What needs does VIISTA address and how?

Unlike criminal proceedings in which defendants have constitutional rights to representation, immigrants are not entitled to court appointed lawyers. Six out of ten immigrants confront the immigration system without a lawyer. Even child migrants are not granted free representation. The consequences are substantial: the Vera Institute found that immigrants are 12 times more likely to obtain available relief when they have an advocate. Lack of advocacy disrupts families and communities in life-altering ways. With each deportation order, families are separated, employers lose employees, and communities lose valued neighbors and friends. It is understood within the immigrant-serving community that we need more immigrant advocates. Most look to lawyers for the solution. However, they are out of reach for poor migrants. The problem requires an innovative approach. VIISTA represents a bold new solution.

 

2Tell us about a moment that inspired your project.

Every time I walk into an immigration court I feel angry and ashamed. Angry and ashamed that we have an immigration legal system designed for failure. A system that is not primarily designed to focus on truth or justice. But that is primarily designed—like a shoddy assembly line —to push the product through. In this case the product is immigration cases—just get them out the door; send them back home. I believe that immigrants confronting the immigration system deserve justice. That belief drives me every day as I work to establish the first university-based, comprehensive, online, scalable, and affordable immigration-focused education. VIISTA will create a nationwide pipeline of advocate champions committed to securing justice for immigrants.

 

3What is the biggest challenge you face?

I have three broad challenges: First, how to build a vibrant, cohesive, online community? Prospective and pilot students want to study in community, share resources, post questions to mentors, and form study groups, and to feel part of a community of like-minded advocates for immigrant justice. Second, how to scale the educational program without losing its teaching effectiveness? The need for advocates is huge, but immigrant allies need education so they can meaningfully help. At scale, VIISTA is a bridge that links two growing needs. And third, how best to evaluate the impact of the program, set goals, develop benchmarks, and collect data?

 

4What other leaders have informed your work?

I am blessed to have been and continue to be informed by many leaders in the immigration field. Many of the largest national organizations working with immigrants are helping me to build the curriculum, including Catholic Relief Services, Immigrant Justice Corps, and Kids in Need of Defense (KIND).

 

5What is the exponential impact you think the Prize can have for your idea?

The Prize will help me to scale VIISTA. My goal is to graduate 10,000 immigrant advocates over the next ten years. And, it is realistic. Then, if every one of those new immigrant advocates helped just one immigrant family each month, they would help 660,000 immigrant families over ten years. And, the impact could be even greater than that because this program could be a model for using non-lawyers to provide legal services in other areas of law as well, like housing, evictions, simple divorces, and veteran’s affairs. Just like the medical field provided space for nurse practitioners and physician assistants.

 

Learn more about VIISTA:

https://www1.villanova.edu/university/professional-studies/academics/professional-education/viista.html

 

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

I was privileged to have assisted in some small ways my good friend Michele with some of the early planning and development of this amazing program, including early “brainstorming sessions” and a video appearance before one of her first classes.

Suppose our Government “immigration bureaucracy” were led by brilliant, humane, yet practical individuals like Michele instead of the White Nationalist kakistocracy now in charge! Even the current, concededly broken, system could be made fairer, more efficient, and more functional with real leaders, out to solve pressing problems rather than intentionally aggravate them, instead of the “malicious incompetents” foisted on us by the Trump Administration.

Representation is perhaps the biggest single positive factor in immigration proceedings. Represented individuals understand the system, appear for nearly 100% of hearings, are released from detention more often, and succeed in their claims at multiples of those who are unrepresented. Those who truly have no defense are much more likely to accept results when competently represented by those who can realistically advise them as to their chances of success and their realistic alternatives in language they can understand. Courts at all levels are aided when competent representatives sharpen and present the legal issues for adjudication. (Although non-attorney representatives can’t appear in Article III Courts, they can certainly work with pro bono attorneys in a “paralegal capacity” to assist and facilitate such representation when necessary.)

In an Administration that trusted and honored its prosecutors’ judgement and expertise, representatives could work with Assistant Chief Counsel and the Immigration Courts to reduce the number of unnecessarily backlogged cases on the dockets.

A smart, humane Administration would “can” all of the expensive, inhumane, time wasting, and often illegal “gonzo enforcement” gimmicks and instead put the time and money toward working with states, localities, NGOs, and other private entities to achieve at least something approaching universal representation. Without minimizing the need for Article I Immigration Courts and other legislative reforms, an enlightened Administration, committed to due process and responsible enforcement, could drastically reduce Immigration Court backlogs, advance the delivery of justice, and improve conditions for everyone involved, including the Assistant Chief Counsel and the Immigration Judges who suffer many of the effects of this Administration’s “malicious incompetence” along with migrants, their families, and their representatives.

Congrats again, Michele!  You’re amazing, and a spectacular role model for what America could and should be in a better future under wiser, honest leaders committed to our Constitution and human values!

DUE PROCESS FOREVER!

 

PWS

11-15-19