NIGHTMARE ON 1st ST., NE: AS SUPREMES APPEAR SEARCHING FOR WAY TO “STICK IT TO” DREAMERS, TRUMP’S OBSESSION WITH REMOVING LONG-TIME UNDOCUMENTED INDIVIDUALS REMAINS HIGHLY UNPOPULAR!

Chantal Da Silva
Chantal Da Silva
Senior Reporter
Newsweek

https://apple.news/AVLJN2Lt1SD-o5h81B1pQqw

Chantal Da Silva reports for Newsweek:

Most Americans Want Undocumented Immigrants To Be Able To Stay Legally 

November 12, 2019

The majority of Americans believe it is important for the U.S. to establish a way for most undocumented immigrants in the country to remain here legally, a new study has found.

The revelation from the Pew Research Center’s findings, which were published on Tuesday, comes as the Supreme Court deliberates over whether the Trump administration can legally end the Deferred Action for Childhood Arrivals (DACA) program.

Under the DACA program, nearly 800,000 undocumented immigrants brought to the U.S. by their parents have been allowed to live and work in the country.

Related Stories

Will Donald Trump Be Able to End DACA? Decision Heads to Supreme Court

However, the Trump administration has sought to bring the program to an end, a bid which was temporarily blocked by courts and which will now be brought before the Supreme Court this week.

According to the Pew Research Center’s findings, two-thirds of Americans (67 percent) said it was “very or somewhat important” for the U.S. to establish a way for “most immigrants in the country illegally to remain her legally.” 

While support for a pathway for undocumented immigrants to remain in the U.S. fell largely along party lines, nearly half (48 percent) of Republican and Republican-leaning participants said they were in favor of the idea. 

Meanwhile, 82 percent of Democrats and Democratic-leaning independents said they felt it was an important goal. 

In addition to establishing a route for most undocumented immigrants to be able to remain in the U.S., Americans also expressed support for taking in refugees fleeing war and violence.

Seventy-three percent of the 9,895 respondents who were surveyed between September 3 and 15 said they felt it was important for the U.S. to take in refugees, with Republicans showing greater support for that goal than in previous years. 

In 2016, Pew said, just 40 percent of Republicans identified admitting refugees as an important initiative. This year, however, a majority of Republicans (58 percent) said they supported that goal.

While the majority of Americans were in favor of both of the above initiatives, they also expressed support for strengthening security along the U.S.-Mexico border, with 68 percent of participants in favor of that goal. 

Around 9 in 10 Republicans (91 percent) said they were in favor of increasing security at the border, while about half of Democrats and Democratic-leaning respondents (49 percent) said they believed it was an important bid. 

The apparent divide between Republicans and Democrats is also significant when it comes to increasing deportations of immigrants unauthorized to be in the U.S. 

Roughly eight-in-ten Republicans (83 percent) said they were in favor of increasing deportations, including 51 percent who identified that initiative as “very important.”

Meanwhile, among Democrats, support for that bid was much lower, with around just three-in-10 (31 percent) in favor of boosting deportations and only 10 percent calling it a “very important” goal.” 

Despite what the American public thinks, the decision on whether DACA is allowed to move forward currently sits in the Supreme Court’s hands. 

Justices will be deliberating on whether federal courts should have been able to block the Trump administration’s decision to end the program—and whether Trump had the legal right to end it in the first place. 

If the program does come to an end, the thousands of people who benefit the program, as well as the many who might have applied for DACA protections in the future could face deportation from the U.S. 

In an interview with Newsweek on Monday, Carolina Fung Feng, a DACA recipient and plaintiff in one of the cases before the Supreme Court, said that if the Supreme Court rules in the Trump administration’s favor, she could lose her job and be deported back to a country that she left when she was 12-years-old. 

“I’d be separated from my family here in New York and, also, I would lose the ability to be independent,” Feng said. “Right now, I live on my own with my younger brother, so if they were to eliminate the DACA program permanently I wouldn’t be able to help my brother pay for the house.”

Feng, who is now 30 and works in the U.S. helping adult learners earn their high school equivalency diplomas, said she cannot understand why the U.S. government would want to see the country lose a population that has contributed to the country’s economy and strengthened its local communities. 

“We contribute to this economy. We haven’t done anything wrong,” she said. “We’re just human beings who want to live a better life and we want to protect our families and do the best we can so they can have a better life.”

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

A majority of the Supremes appear ready to “go along to get along” with the latest move by the Trump Administration to screw, demean, and dehumanize undocumented American young people who are continuing to contribute to our society.

A Court that not so long ago had little trouble treating inanimate and amoral large corporate interests as “persons” under the Constitution appeared to have no such concerns for the rights and dignity of a large class of human beings actually living, working, and studying in America.

By either agreeing with the bogus legal argument half-heartedly presented by the Solicitor General or saying Trump could act for no particular reason other than his White Nationalist political agenda, the Supremes appeared willing to allow young people to be held hostage for an extreme nativist anti-immigrant legislative program.

Trump gave his usual “off-the-wall tweet.” First, he smeared so-called “Dreamers” as containing among their ranks “tough, hardened criminals” (even though such individuals were specifically excluded from the program by the Obama Administration). At the same time, he said that if his Supremes gave him what he demanded he would cut a “deal” with the Dems for Dreamer relief. We’ve heard that before.

That’s highly unlikely to happen without regime change in the Executive and the Senate. Similar to the last failed exercise, the Trump Administration would almost certainly demand an end to refugee and asylum programs, sharp cuts to legal immigration, massive new funding for the New American Gulag, and a free hand to summarily deport almost anyone without due process in return for even limited Dreamer relief. That’s a “deal” the Dems aren’t going to make.

Therefore, most Dreamers likely will continue to “twist in the wind” for another election cycle and perhaps longer. With Immigration Court backlogs at an astounding 1.3 million and growing, they won’t be forcibly removed any time in the near future, even if Trump wins re-election. 

On the other hand, deprived of work authorization and “color of law” status, most will face obstacles to legal employment or study in the U.S. This will leave them with the “choice” of “going underground” or “self-deportation.” Either way, America will be deprived of the full potential of some of our most talented and dedicated younger generation.

Of course, I hope that my gloomy analysis is wrong. But, things are sure looking like another avoidable judicially-enabled nightmare in a nation that has empowered a White Nationalist minority to run roughshod over individual rights with judicial complicity.

I would expect the Supreme majority’s decision to be  loaded with some disingenuous and self-serving references as to how disputes like the fate of the Dreamers should be determined by the “political system.” Then, it will be good to remember that this is a Court that has chosen to take a “pass” on partisan gerrymandering and other gimmicks used by the GOP and the Trump Administration to disenfranchise racial minorities, suppress the vote, and circumvent true democratic rule. In other words, the Supremes know full well that the “political system” is broken to a large extent because they have helped enable its demise.

That’s why it’s important for the New Due Process Army and others who believe in the Constitution, the rule of law, and basic human decency to get out the vote, remove the GOP across the board, and pave the way for better, more intellectually honest judges, who will uphold individual rights and true Constitutional values rather than siding with the tyranny of an unrestrained, unprincipled Executive and inanimate corporate interests in derogation of human rights. 

Obviously, there are lots of folks out there, even among the GOP, who don’t “buy in” to Trump’s unrelenting cruelty toward migrants (except, I guess, those migrants he marries and their foreign-born families). The Dems shouldn’t be afraid to run on a program of Dreamer relief combined with other practical, common sense reforms that would allow us to “rationalize” the inevitable and largely positive forces of human migration. We could actually be “beefing up” our revenue collections with a sane immigration policy, rather than hemorrhaging billions on cruel, inhumane, and ultimately futile “enforcement only” schemes and gimmicks. And, yes, with a more rational and realistic system in place, including for the processing of legitimate refugees and asylees, removal of those who evade it would become more efficient, effective, and uniform than it is under our current broken system, at least as administered by the Trump Administration.

Finally, here’s a link to a great article from Zachary Pleat at Mediamatters “calling out” NBC, CBS, and other so-called “mainstream media” for uncritical repetition and re-publication of Trump’s smears and racist-inspired lies about “Dreamers.”  https://www.mediamatters.org/immigration/daca-goes-supreme-court-cbs-and-nbc-push-trumps-lie-about-dreamers.

PWS

11-12-19

HISPANICS HELPED RESCUE AMERICA’S CITIES: Their Reward: Donald Trump & His White Nationalist Mafia!

A.K. Sandoval-Strausz
A.K. Sandoval-Strausz
Director of Latinx Studies
Penn State

https://www.washingtonpost.com/outlook/2019/11/08/how-latinos-saved-american-cities/?arc404=true

How Latinos saved American cities

After whites fled and before the ‘creative class’ moved in, immigrants kept urban neighborhoods alive.

A.K. Sandoval-Strausz

November 8, 2019

Chicago’s South Lawndale was just like countless other neighborhoods that bottomed out during the urban crisis of the mid-20th century. Settled after the fire of 1871 and built up in the early 1900s, it had prospered as an industrial district offering steady factory work and affordable housing to immigrants from Germany, Poland and Bohemia. But by the 1960s, its white residents were leaving en masse, moving to the suburbs for newer housing and to avoid sharing the neighborhood with black families who were moving in. The writer Stuart Dybek remembered South Lawndale in those years as a place where people “walked past block-length gutted factories [and] . . . half-boarded storefronts of groceries that had shut down when they were kids, dusty cans still stacked on the shelves.”

But some locals saw a solution to the neighborhood’s decline. Among them was Richard Dolejs, a real estate agent and community leader. Instead of moving out, he recalls, “we said: ‘Well, what about the Mexican community? We should apply to that group and try to bring ’em in.’ ” In the early ’60s, he persuaded lenders to write mortgages for the newcomers and hired Spanish-speaking staff to help them with the paperwork. This was not just altruism: Dolejs’s neighbors wanted to sell or rent their houses to somebody, and since a nearby barrio was being destroyed in the name of “urban renewal,” Hispanic Chicagoans needed somewhere new to live.

They found it.

Depopulation, job loss, fiscal distress and soaring crime in America’s cities were among the nation’s most intractable problems from the 1950s to the early 1990s. When that crisis abated, many experts credited the recovery largely to the “creative class,” urban professionals and other people with money. But it owed more to Latino immigrant families who had begun to revitalize inner-city neighborhoods decades earlier, laying essential foundations for the well-heeled to return. As Latin American migrants are today demonized and scapegoated, their indispensable role in solving one of the greatest crises of the 20th century shouldn’t be overlooked.

[Trump has spread more hatred of immigrants than any American in history]

Like South Lawndale, many other city neighborhoods deteriorated steadily during the urban crisis. Dallas’s Oak Cliff area had thrived starting in the 1940s thanks to military spending on a nearby aircraft and missile factory. The prospect of racial integration, however, led a few whites to launch racist attacks and many more to flee to homogeneous neighborhoods in north Dallas or the suburbs. Oak Cliff’s Mexican American population grew beginning in the late 1950s and 1960s, when Dallas officials ran new highways through another area, disrupting the city’s main barrio and displacing its residents; they were joined by Mexican immigrants beginning in the 1970s.

Latino migrants saved neighborhoods like these from the abandonment and decay that afflicted so much of urban America. While virtually every other demographic group in most cities shrunk, Latin American newcomers replenished neighborhoods. In 1960, my research in census data found that South Lawndale and Oak Cliff were each about 1 to 2 percent Hispanic; four decades later, 91 percent of South Lawndale’s 81,000 residents and 76 percent of Oak Cliff’s 116,000 denizens were Latinos. They were a community lifeline at a time when many landlords, unable to sell or rent their properties but still responsible for mortgages and taxes, hired “torches” to burn them down so they could collect insurance money. Between 1950 and 1980, the North Lawndale neighborhood lost a shocking 10,000 housing units, nearly a third of its previous total. But in adjacent South Lawndale, the number of dwellings held steady as Mexican Americans and Mexican immigrants became homeowners.

This was a nationwide phenomenon. New York City lost 820,000 residents between 1950 and 1980, and it would have shrunk more if not for gains of over 1 million new Latinos after 1980. Boston lost 238,000 residents in those decades but gained 100,000 new Latinos since 1980. Cities like Milwaukee and Philadelphia also depended on arriving Latinos — about 85,000 in Milwaukee and 160,000 in Philadelphia — to help stabilize their populations. The clearest example was Chicago, which shed more than 600,000 residents between 1950 and 1980. Nearly 370,000 new Hispanic residents after 1980 saved the Windy City, which is now 29 percent Latino, from losing population as quickly as urban-crisis bellwethers like Detroit and Cleveland.

[Family-based immigration has ‘merit,’ too]

Three decades of population decline in most urban areas nationwide gave way to a new era, beginning around 1980, when more than two-thirds of the 25 biggest cities gained residents. Much of this increase owed to Latinos. In most big cities, Hispanic populations expanded in the 1970s and reached peak growth rates by the 1990s; meanwhile, the non-Hispanic white populations shrank continuously, with the predominantly white “creative class” stabilizing this demographic only in the past 20 years. As a result, of those 25 biggest cities, 12 have populations that are more than one-quarter Hispanic, including eight that are more than one-third Hispanic and two, San Antonio and El Paso, that are majority Latino. By the same token, research on more than 3,000 U.S. counties and 150 big cities has demonstrated that Latinos were the largest immigrant group contributing to economic growth, as an influx of immigrants generated jobs and propelled revitalization through the housing sector.

This is not just a question of numbers. It is difficult to imagine how many neighborhoods — from the North Corona section of Queens to Detroit’s Mexicantown to Minneapolis’s Lake Street to everything west of Interstate 25 in Denver — could have sustained themselves without the arrival of 25 million new Latino urbanites over the past half-century. Equally important, however, are the ways these migrants imported everyday customs from Latin America and adapted them for their new homes.

The most significant of these habits was a preference for walking over driving. In countries such as Mexico, El Salvador and the Dominican Republic, few people owned cars, especially in the rural areas from which most immigrants came. This made the newcomers the ideal inheritors of the American urban core, a landscape created before the automobile. While Anglo Americans were leaving in droves for car-dependent suburbia, Latinos repopulated neighborhoods built around pedestrians and public transportation.

This in turn revitalized the inner-city commercial landscape. Urban small businesses had been declining for decades, pressured since the mid-1950s by suburban malls and since the 1970s by predatory big-box retailers. But new Latino residents energized neighborhood commerce. They shopped locally, at stores they could walk to, where shopkeepers spoke Spanish. Businesses like these enjoyed a protected market with a growing clientele: The Kauffman Index, which measures entrepreneurial activity, showed that in almost every year from 1996 through 2018, Latinos were more likely than any other demographic group to open their own businesses.

They also brought life back to city streets. While two generations of American thinkers fretted over the loss of public life, from Richard Sennett’s “The Fall of Public Man” in 1977 to Robert Putnam’s “Bowling Alone” in 2000, Latino neighborhoods experienced a revival of streetside socializing. Once-empty sidewalks, play areas and parks echoed with the sounds of música norteña, salsa and cumbia and the cheers of spectators at neighborhood soccer leagues — and eventually, Anglo Americans learned to shout “¡Goooooooool!” when a team scored.

In Oak Cliff, Latino immigrants helped reverse two decades of falling property values, and by the 1980s, local homes were appreciating faster than in Dallas as a whole. As the city’s share of Latinos jumped from the 1990s into the 2010s, Dallas’s crime rate began a decline that saw homicides drop by 69 percent between 1991 and 2018. Similarly, in South Lawndale, home values more than doubled between 1990 and 2000, and by 2018 the number of homicides citywide had dropped by 40 percent from its peak in 1991. Neighborhood business activity soared; soon journalists, business groups, social scientists and public officials were lauding South Lawndale — now known as Little Village — as an example of a new and revitalized Chicago. Like other barrios, it still had problems with poverty, underfunded schools and delinquent youth, but things had improved dramatically.

Leaders of cities nationwide soon recognized the positive effects of immigration. They organized to welcome newcomers, especially after the 2010 Census showed how many urban areas depended on immigrants to sustain their populations and workforces. Detroit, for example, launched a development initiative called Global Detroit, observing that “immigration has proven, by far, to be the best American strategy to combat population loss.” A few years later, Detroit’s leaders joined with municipal officials from across the industrial heartland to establish the Welcoming Economies Global Network — its motto is “Leading Rust Belt Immigrant Innovation” — with more than two dozen affiliates.

Latin American immigrants have filled essential roles in metropolitan economies, making up a large proportion of home builders, child-care workers, building maintenance staff, and restaurant cooks, servers and busboys. Sociologists and economists have shown that the urban professionals cities covet today need child care and other household help, and that they are attracted to cities by cafes, clubs and restaurants. Without the hands that have built and renovated homes, looked after children, kept office buildings running, and prepared meals, white-collar families wouldn’t live in urban America.

[Yes, you can gentrify a neighborhood without pushing out poor people]

These urban professionals increasingly require not just Latino labor but Latino space, as they seek out neighborhoods with “character” and “authenticity.” In numerous barrios — from San Francisco’s Mission District to Los Angeles’s Boyle Heights to New York’s Washington Heights — urban professionals have paid barrios their highest compliment by gentrifying them. A few years ago, Chicago immigrant José Luis Arroyo recalled a young white man who walked up and asked to purchase his house, saying he had lived there before his family moved away. “These Americans left because they thought we were going to destroy their neighborhood,” Arroyo told researchers for the Chicago Mexican Migrant Oral History Project. “These young peoples’ parents got scared and moved away, and they took their children with them. And then these children grew up and became professionals and came to visit the barrio. And now they want to move back!”

The revitalizing influence of Latinos and other immigrants now extends far beyond cities. Many of the pathologies of the urban crisis are today afflicting rural America, where a lack of economic opportunity and a catastrophic opioid epidemic have emptied out small towns and left vast numbers of workers disabled. Once again, Latin American newcomers have led the way in addressing the rural crisis by providing much-needed labor on Pennsylvania farms, in Iowa meatpacking plants and at Wyoming nature resorts and repopulating the surrounding small towns. Of the nearly 2,300 rural counties in the United States, 94 percent saw increases in Hispanic residents between 1990 and 2000, and from 2000 to 2010, Latinos made up 58 percent of all population growth in nonmetropolitan counties.

A nation of immigrants is what we have been, and it is what we shall remain. The newest Americans trust us to be the nation we said we were for all those years: a city upon a hill, the North Star, the last best hope of Earth, Mother of Exiles. Perhaps they can help us recognize ourselves; for they are just the latest in a proud lineage of migrants seeking their promised land.

 

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

Trump’s racist White Nationalism basically targets all who “differ” from his absurd “nativist vision” of America and his disdain for truth and values.

 

PWS

 

11-11-19

TRAC HITS BACK AGAINST EOIR’S “DATA STONEWALLING” – Requests Retraction Of EOIR’s Inaccurate Response!

David Burnham
David Burnham
Co-Director
TRAC
Susan B. Long
Susan B. Long
Co-Director
TRAC

==========================================
Transactional Records Access Clearinghouse
==========================================

FOR IMMEDIATE RELEASE

On October 31, 2019, TRAC published a report that outlined our recent unsuccessful attempts to address inaccurate data published by the Executive Office for Immigration Review (EOIR), the agency within the Department of Justice responsible for overseeing the U.S. Immigration Court system. In a response to a journalist, a spokesperson for the EOIR claimed, “to the best of our knowledge, the EOIR data release is accurate and up-to-date.” We disagree. Based on a careful review of the data published by the EOIR in September and in prior months, we have substantial evidence that the EOIR’s September release remains inaccurate and incomplete.

In response to what we believe are factually inaccurate statements made on behalf of the EOIR, TRAC sent a letter on November 4, 2019 to EOIR Director James McHenry requesting a correction to public statements made by his agency. TRAC enclosed a copy of detailed evidence substantiating the request. We emphasize that the ongoing issues with data accuracy persist despite several rounds of attempted corrections by the EOIR as described on our previous report, and we look forward to working with EOIR to resolve these issues.

To view the letter to the EOIR and the related data, go to:

https://trac.syr.edu/immigration/reports/582

If you want to be sure to receive notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
http://trac.syr.edu

———————————————————————————
The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

 

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

 

Once, the “Annual Statistical Yearbook” put out by EOIR was a “gold mine” of helpful information for scholars, researchers, reporters, and the public.

 

No more, under the Trump DOJ. Now, EOIR puts out a steady stream of inaccurate, incomplete, and misleading “statistics” that often are manipulated to distort the truth and offer apparent support to the Trump Administration’s endless store of White Nationalist lies, myths, fabrications, and false narratives calculated to demean, discredit, and dehumanize both migrants and those who are helping them, as well as to discourage any legitimate scholarly inquiries.

 

Usually EOIR gets away with it. Migrants and their lawyers are too busy fighting for their lives in the biased and unconstitutional EOIR system to spend too much time on “data dumps.” The media sometimes suspect the problems, but generally lack the time and expertise to do the in-depth analysis necessary to debunk many of EOIR’s bogus claims.

 

But, the folks over at TRAC are statistical pros. They are not about to be deterred or take EOIR’s normal “in your face, you are the problem, not us, response” without a fight.

 

Good luck in getting any “confession of error” out of EOIR. In an Administration let by the “Man of 10,000 Lies & Counting” when is the last time anyone admitted to getting or doing anything wrong?

 

But, I sincerely hope that Susan and David will be asked to testify before the House Oversight Committee and that EOIR will be required to respond in detail to their specific criticisms.

 

As many have noted, unreliable data makes effective oversight impossible. That’s undoubtedly the intent of this Administration.

 

PWS

11-07-19

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

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A54Jcss-aTZ21cr6npgpyDA

Nicole Narea reports at Vox News:

 

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

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

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

Share this story

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

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

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

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

Even poor immigrants’ kids achieve success

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

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

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

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

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

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

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

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

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

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

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

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

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

All kinds of immigrants move up the ladder

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

11-02-19

 

 

 

 

THE GIBSON REPORT – 10-29-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

THE GIBSON REPORT – 10-29-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

TOP UPDATES

 

USCIS Updates Fee Waiver Requirements

USCIS has issued a new fee waiver form eliminating the means-tested benefits section. Any submission postmarked on or after December 2 must use the new form. The new form instructions include detailed documentation instructions, requiring tax transcripts or proof that tax transcripts are unavailable for most scenarios. For information on obtaining federal income tax transcripts without a fee, see www.irs.gov/individuals/get-transcript. You may also use IRS Form 4506-T to request income tax transcripts, or Form 1099 Certain Government Payments from the IRS.

 

Two CrimImm Decisions from the AG

  • THOMAS and THOMPSON, 27 I&N Dec. 674 (A.G 2019):(1) The tests set forth in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada will no longer govern the effect of state-court orders that modify, clarify, or otherwise alter a criminal alien’s sentence. (2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.
  • CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019): Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f)…Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.

 

TRAC Reports Increasing IJ Caseloads and Lengthening Hearing Wait Times

TRAC reports that IJ caseloads have grown substantially under the Trump administration. By 9/30/19, 1,023,767 “active” cases were pending compared to 542,411 at the start of the administration. At some locations, immigrants now wait an average of four years before their hearing is scheduled. AILA Doc. No. 19102532

 

‘Secret and unaccountable’: Where some immigrant teens are being taken by ICE

CNN: For more than a decade, ICE has been taking a small number of immigrant teens it deems to be dangerous far from their families and detaining them for months at a time…The places these youth are held don’t appear on ICE’s online map of detention centers. The agency doesn’t make its reports about the conditions of the facilities available like it does for others. And family members can’t find their loved ones using the federal government’s official detainee locator since it only provides information on adults.

 

Most States Not Giving Driver’s License Data to Washington

AP: At least 13 states have refused to share the driver’s license data, 17 are still deciding what to do, and 17 haven’t yet received a request, according to the AP survey. Three states didn’t respond to multiple AP queries…Two of the biggest states, California and New York, haven’t received requests yet. See also Lawsuit over voting rights in Rensselaer County in hands of judge.

 

In north Louisiana, sheriff and private prison operator trade prisoners for ICE detainees

NOLA: As the number of immigrants held behind bars nationwide has grown under President Donald Trump, ICE has turned to Louisiana sheriffs and private prison operators. Louisiana is now the No. 2 jailer of immigration detainees, behind Texas.

 

The Trump administration is still separating children from their family members at the border. Inside a hidden crisis

Guardian: A federal judge in San Diego ordered the Trump administration in the summer of 2018 to reunite families and stop separating most parents and children. But the court order does not apply to non-parents, and the administration keeps separating people like Alexa – aunts, grandparents or older siblings who commonly step in as guardians without formal paperwork – from the children they’re traveling with, without any procedure to reunite them. (The government also continues splitting up some children from their parents, citing reasons such as the parents’ criminal history.)

 

Children Die at Record Speed on U.S. Border While Coyotes Get Rich

Bloomberg: Nineteen children died during attempted crossings in the first nine months of 2019, by drowning, dehydration or illness, according to the UN’s “Missing Migrants” research project. That’s up from four reported through September 2018 and by far the most since the project began gathering data in 2014, when two died that entire year. Women are dying in greater numbers, too—44 in the year through September, versus 14 last year.

 

Criminal misconduct by US border officers has reached a 5-year high

Quartz: The number of arrests of CBP officers and Border Patrol agents, according to the report, had been on a half-decade decline before leaping 11% between fiscal years 2017 and 2018. (Arrests of officers and agents increased annually starting in 2007 and hit a high of 348 in 2012 before going down again.)

 

ICE Deleted Surveillance Video Of A Transgender Asylum-Seeker Who Died In Its Custody

Buzzfeed: “The requested video is no longer available,” said a supervisory detention and deportation officer in an Aug. 28, 2018, email. “The footage is held in memory up to around 90 days. They attempted to locate and was negative.”

 

Mexico flies 300 Indian migrants to New Delhi in ‘unprecedented’ mass deportation

Reuters: The move follows a deal Mexico struck with the United States in June, vowing to significantly curb U.S.-bound migration in exchange for averting U.S. tariffs on Mexican exports…Most of the deportees were from India’s northern Punjab state, an Indian official said. Police will run checks if any of them had criminal history, another official said.

 

Children of Poor Immigrants Rise, Regardless of Where They Come From

NYT: A pattern that has persisted for a century: They tend to outperform children of similarly poor native-born Americans.

 

LITIGATION/CASELAW/RULES/MEMOS

 

IJ Terminates Removal Proceedings After Finding DHS Inappropriately Subjected Respondents to MPP Program

The Immigration Judge terminated removal proceedings after finding that DHS inappropriately subjected respondents to the MPP program since they were not arriving aliens. In the Matter of , 9/17/19 AILA Doc. No. 19102440

 

Trump Asks Top Court to Toss California Immigrant Sanctuary Law

Bloomberg: President Donald Trump’s administration asked the U.S. Supreme Court to throw out a California immigrant-sanctuary law that restricts local police from helping federal authorities round up and deport people who are in the country illegally. In an appeal filed this week, the administration said the 2017 measure undermines federal immigration enforcement efforts.

 

AG Vacates Decisions and Remands to Assess State-Court Alternations in Light of the Pickering Test

The AG vacated two decisions as they were based on earlier precedents that were overruled and remanded for the Board to assess the state-court alteration in light of the Pickering test. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019) AILA Doc. No. 19102801

 

Attorney General Affirms BIA’s Order in Matter of Castillo-Perez on Multiple DUIs and the Good Moral Character Standard

The AG affirmed the BIA’s order vacating the IJ’s decision to grant cancellation of removal, holding that two or more DUI convictions during the relevant period establish a presumption of lack of good moral character during that time. Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019) AILA Doc. No. 19102800

 

Chasing Down the Rumors: EOIR Asylum Clock Glitch (Updated 10/24/19)

AILA members have reported a nationwide EOIR glitch that has caused some clients’ asylum clocks to stop in error. If a client should have already reached the 150 days and is ready to file for an EAD, attorneys should call the local court directly to manually resolve this issue. AILA Doc. No. 16112144

 

BIA Vacates Denial of Continuance for U Visa Applicant

Unpublished BIA decision holds that IJ erred in denying continuance to await adjudication of U visa application solely because it was not a form of relief that could be granted by the court. Special thanks to IRAC. (Matter of De La Cruz, 3/25/19) AILA Doc. No. 19102102

 

BIA Vacates Finding That Respondent Was Ineligible for 212(h) Waiver

Unpublished BIA decision holds that IJ should have considered respondent’s testimony that bag contained only marijuana residue before finding that he was ineligible for waiver under INA 212(h). Special thanks to IRAC. (Matter of Zavala, 4/1/19) AILA Doc. No. 19102305

 

BIA Vacates Finding That Respondent Engaged in Polygamy

Unpublished BIA decision finds that respondent did not necessarily engage in polygamy by marrying second wife before being officially divorced from first wife. Special thanks to IRAC. (Matter of Cisse, 4/1/19) AILA Doc. No. 19102306

 

BIA Holds Findings Made Pursuant to Sex Offender Registration Do Not Qualify as “Elements”

Unpublished BIA decision holds that findings made by West Virginia trial judge in requiring respondent to register as a sex offender do not qualify as “elements” that can be considered under the categorical approach. Special thanks to IRAC. (Matter of Leguia Chuquichaico, 3/29/19) AILA Doc. No. 19102404

 

BIA Finds California Assault Statute Not a CIMT

Unpublished BIA decision holds that assault against cohabitant under Cal. Penal Code 273.5(a) is not a CIMT. Special thanks to IRAC. (Matter of Ramirez-Cortez, 3/19/19) AILA Doc. No. 19102101

 

BIA Reopens and Terminates Proceedings Following Vacatur of Marijuana Conviction

Unpublished BIA decision reopens and terminates proceedings following vacatur of one of respondent’s two convictions for possession of 20 grams or less of marijuana, leaving the remaining conviction subject to the personal use exception. Special thanks to IRAC. (Matter of Herrera, 3/27/19) AILA Doc. No. 19102103

 

CA9 Declines to Rehear Dai v. Sessions En Banc

The court issued an order denying the rehearing en banc of Dai v. Sessions, in which the court held that, in the absence of an explicit adverse credibility determination by the IJ or the BIA, the court must accept as true the testimony of an asylum applicant. (Dai v. Barr, 10/22/19) AILA Doc. No. 19102435

 

CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House

The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19) AILA Doc. No. 19102436

 

Afghans and Iraqis File Class Action Challenge Alleging Long Processing Delays of Special Immigrant Visa Applications

A district court issued a memo stating that the government’s delays in the processing and adjudication of the SIV applications and members of the class are unreasonable and ordered that the government submit a plan for promptly processing and adjudicating the applications of current class members. AILA Doc. No. 19102230

 

USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship

USCIS issued policy guidance to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of U.S. armed forces outside the United States. This policy is effective 10/29/19. AILA Doc. No. 19082800

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 28, 2019

Sunday, October 27, 2019

Saturday, October 26, 2019

Friday, October 25, 2019

Thursday, October 24, 2019

Wednesday, October 23, 2019

Tuesday, October 22, 2019

Monday, October 21, 2019

 

This email, including any attachments, may contain information that is legally privileged and/or confidential. If you are not the person this email was intended to reach, then do not share, distribute, or copy it. Please notify the person who sent this email immediately and then delete the email, including any attachments.

 

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

Thanks, Elizabeth, for your dedication to the “New Due Process Army.”

 

PWS

 

10-31-19

 

LET THE IMMIGRATION JUDGES SPEAK! — What Kind Of “Court System” Muzzles Judges, Shuns Educational Dialogue? 

https://lawprofessors.typepad.com/immigration/2019/10/immigration-law-professors-let-immigration-judges-speak.html

Professor Laila L. Hlass
Professor Laila L. Hlass
Tulane Law
Professor Elora Mukherjee
Professor Elora Mukherjee
Columbia Law
Adjunct Professor Carrie L. Rosenbaum
Adjunct Professor Carrie L. Rosenbaum
Golden Gate Law
Professor Maureen Sweeney
Professor Maureen Sweeney
U. of Maryland Law

 

 

Thursday, October 24, 2019

Immigration Law Professors: Let Immigration Judges Speak!

By Immigration Prof

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Four immigration law professors, Laila L. Hlass, Elora Mukherjee, Carrie L. Rosenbaum, and Maureen Sweeney on Slate criticize the Trump administration for barring immigration judges, Immigration and Customs Enforcement attorneys, and asylum officers from talking to classes about immigration law and policy.Such guest lectures were common in the recent past.  However,

“things have recently changed. When we’ve asked judges, ICE attorneys, and asylum officers to visit our classes, almost all have declined. They’ve told us they can’t speak with our classes even on their days off, even in their personal capacities, without prior clearance and approval from high-level supervisors—approval that is increasingly difficult to obtain. This silencing of line officers is a marked departure from past years. It is taking place across the country, and it is no coincidence. The administration has denied these civil servants permission to speak publicly. According to former immigration judge Jeffrey Chase, immigration judges `are not even allowed to speak at conferences or law schools, because the administration does not consider them qualified to speak on behalf of the agency or its policies.’”

KJ

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

Obviously, this is an “agency,” not a “court,” at war with the public it supposedly serves. 

Somewhat “below the radar screen” in the Administration’s all-out White Nationalist attack on migrants is the assault on those who represent them. Studies show that represented individuals both show up for their hearings at an exceptionally high rate and succeed in their cases at a rate that is multiples of unrepresented individuals. Therefore, some type of “universal representation program” utilizing a combination of public and private sector funding, would be the “first logical step“ in solving the Due Process and operational crises in our Immigration Courts. And, it wouldn’t cost any more than the expensive, inhumane, often illegal, and frequently ineffective “enforcement only gimmicks” being employed against migrants, and often their attorneys, by this Administration. 

PWS

10-28-19

THE GIBSON REPORT — 10-21-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 10-21-19 – 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

 

Migrants stuck in detention as tough new Trump asylum rule is only partially implemented

NBC: “Returns under the IFR policy have not started,” ICE spokeswoman Paige Hughes said, referring to the “interim final rule” the Trump administration announced this summer. Instead, immigration attorneys say, immigrants who have been ordered deported under the new policy are languishing in detention inside the U.S. because they have no right to stay but also have not been put on flights back to their home country.

 

Mexico sends asylum seekers south — with no easy way to return for U.S. court dates

LA Times: As the numbers rise, Mexico, in many cases, has opted for a controversial solution: Ship as many asylum seekers as possible more than 1,000 miles back here in the apparent hope that they will opt to return to Central America — even if that implies endangering or forgoing prospective political asylum claims in U.S. immigration courts. Mexican officials, sensitive to criticism that they are facilitating Trump’s hard-line deportation agenda, have been tight-lipped about the shadowy busing program, under which thousands of asylum seekers have been returned here since August.

 

Trump’s Acting Immigration Director Claims Ending Birthright Citizenship Would Not Require Constitutional Amendment

Newsweek: Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, said Wednesday that ending birthright citizenship does not need a Constitutional amendment.

 

USCIS’s Cuccinelli Boasts Of Increasing Immigration Bureaucracy

Forbes: Since 2017, Trump administration policies have focused on restricting the entry of immigrants and foreign nationals, including scientists and engineers. “Denial rates for new H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019,” according to a National Foundation for American Policy analysis.

 

U.S. Takes Step to Require Asylum-Seekers’ DNA

AP: The Justice Department will publish an amended regulation Monday that would mandate DNA collection for almost all migrants who cross between official entry points and are held even temporarily, according to the official.

 

GAO Report Says DHS Needs to Reduce Backlogged FOIA Requests and Eliminate Duplicate Processing

A GAO report says that DHS’s backlog of unfulfilled FOIA requests almost doubled between 2012–18, but DHS has no plan to address its backlog of more than 50,000 requests. DHS also continues to have a duplicative process for FOIA requests for certain immigration files, which slows processing times. AILA Doc. No. 19101804

 

Surge of Mexican migrants is new challenge for Trump border crackdown

WaPo: A sudden increase in the number of Mexican families and asylum seekers trying to cross into the United States has raised fears of a new border crisis, frustrating Department of Homeland Security officials who are unable to deter Mexican nationals with the same restrictive immigration policies designed to keep Central Americans out of the country.

 

More refugee flights to the US are being canceled

CNN: Flights for refugees who have been approved to come to the United States continue to be canceled, in some cases for the second time, CNN has learned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Two Cases Granted SCOTUS Cert

SCOTUSblog: For USA Today, Richard Wolf reports that Department of Homeland Security v. Thuraissigiam, in which the court will decide whether limitations on review of expedited deportation orders are constitutional, “is one of several challenging the Trump administration’s efforts to crack down on migrants seeking asylum after crossing the Mexican border.” Kimberly Robinson reports at Bloomberg Law that in another immigration case, Nasrallah v. Barr, the justices will resolve a split between the lower courts “over whether courts can review factual findings underlying a government refusal to halt the deportation of immigrants convicted of a crime but who argue that they will face persecution or even torture if sent back to their home countries.”

 

Supreme Court Stays Injunction Against Asylum Ban 2.0

The United Nations High Commissioner of Refugees submitted an amicus brief telling the Ninth Circuit that the Trump administration’s asylum interim final rule issued on 7/16/19, “is at variance with two international law protections.” (East Bay Sanctuary Covenant, et al. v. Barr, et al.) AILA Doc. No. 19071800

 

District Court Grants Class Certification in Case Challenging USCIS and ICE FOIA Delays

The court issued an order granting class certification in a nationwide class action filed by the American Immigration Council and partners challenging systemic violations of the FOIA by DHS, USCIS, and ICE. (Nightingale et al. v. USCIS et al., 10/15/19) AILA Doc. No. 19062003

 

5 transgender immigrants on Staten Island file lawsuit alleging asylum ‘limbo’

SILive: They are among five transgender women from Staten Island who have filed a lawsuit against United States Citizenship and Immigration Services (USCIS) and officials from the Department of Homeland Security (DHS), alleging they have been waiting for an interview on their asylum case for almost three years – something that should happen 45 days after filing an affirmative asylum application, according to USCIS policies.

 

DOJ Prosecuted Record Number of Immigration-Related Offenses in FY2019

DOJ announced that that in FY2019, its U.S. Attorneys’ Offices prosecuted the highest number of immigration-related offenses since record-keeping began more than 25 years ago—25,426 individuals with felony Illegal Reentry, 80,866 with misdemeanor Improper Entry, and 4,297 with Alien Smuggling. AILA Doc. No. 19101801

 

USCIS Clarifies Special Immigrant Juvenile Classification

USCIS issued three AAO adopted decisions clarifying SIJ classification. USCIS now requires evidence of a court’s intervention to provide relief beyond a statement that the juvenile is court-dependent. The decisions go into effect October 15, 2019, and will apply to pending and future petitions. AILA Doc. No. 19101593

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of E-A-L-O- as an Adopted Decision

USCIS designated the AAO decision in Matter of E-A-L-O- as an adopted decision, noting that whether a state court order establishes eligibility for SIJ classification is a question within USCIS’s sole jurisdiction. Matter of E-A-L-O, Adopted Decision 2019-04 (AAO October 11, 2019) AILA Doc. No. 19101592

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of D-Y-S-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of D-Y-S-C- as an adopted decision, noting that SIJ classification may only be granted upon USCIS’s consent to juveniles who meet all other eligibility criteria. Matter of D-Y-S-C, Adopted Decision 2019-02 (AAO October 11, 2019) AILA Doc. No. 19101591

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of A-O-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of A-O-C- as an adopted decision, noting that juveniles seeking SIJ classification must have been subject to a dependency or custody order issued by a “juvenile court.” Matter of A-O-C, Adopted Decision 2019-03 (AAO October 11, 2019) AILA Doc. No. 19101590

 

BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense

Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019) AILA Doc. No. 19101806

 

BIA Finds Attorney Provided Ineffective Assistance by Sending Medical Examination to USCIS

Unpublished BIA decision finds ineffective assistance clear and obvious where the attorney mistakenly sent the respondent’s medical examination to USCIS rather than the immigration court. Special thanks to IRAC. (Matter of Corena-Vela, 3/18/19) AILA Doc. No. 19101606

 

BIA Reopens Proceedings Sua Sponte for Haitian TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status based on an approved visa petition in light of grant of TPS, entry under grant of advance parole, and country conditions in Haiti. Special thanks to IRAC. (Matter of Dorilus, 3/14/19) AILA Doc. No. 19101605

 

BIA Remands to Consider Citizenship Claim Despite Prior Concession of Alienage

Unpublished BIA decision remands for further consideration of acquired citizenship claim in light of evidence submitted on appeal and despite concession of alienage before IJ. Special thanks to IRAC. (Matter of Hinojosa-Trejo, 3/11/19) AILA Doc. No. 19101510

 

BIA Orders Further Consideration of MTR Denied Under Matter of Bermudez-Cota

Unpublished BIA decision remands for further consideration of MTR where IJ issued form order citing Matter of Bermudez-Cota, 27 I&N 441 (BIA 2018), but provided no explanation for what proposition the case was being used. Special thanks to IRAC. (Matter of Gomes, 3/8/19) AILA Doc. No. 19101509

 

BIA Finds Respondent Established Wave-Through Admission Under Matter of Quilantan

Unpublished BIA decision finds respondent established a wave-through admission under Matter of Quilantan in light of corroborating testimony from witness who saw immigration officers check his paperwork. Special thanks to IRAC. (Matter of Valdez Palacio, 3/19/19) AILA Doc. No. 19101607

 

BIA Holds Possession of More Than 50 Pounds of Marijuana Not an Aggravated Felony

Unpublished BIA decision holds possession of more than 50 pounds of marijuana under Texas Health & Safety Code 481.121 is not an aggravated felony because it doesn’t require distribution and is punishable as a misdemeanor under federal law. Special thanks to IRAC. (Matter of Joseph, 3/7/19) AILA Doc. No. 19101508

 

CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family

The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA’s reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19) AILA Doc. No. 19082907

 

CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte

The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19) AILA Doc. No. 19101736

 

CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony

The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att’y Gen., 10/9/19) AILA Doc. No. 19101738

 

Executive Order Suspending Entry of Certain Persons Contributing to the Situation in Syria

Presidential executive order issued 10/14/19 imposing sanctions on those determined to have contributed to instability in Syria, including, among other things, suspending the immigrant and nonimmigrant entry into the United States of such persons. (84 FR 55851, 10/17/19) AILA Doc. No. 19101701

 

Executive Order: “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication”

President Trump issued an executive order on 10/9/19 on how agency guidance documents may be applied. (84 FR 55239, 10/15/19) AILA Doc. No. 19101504

 

Executive Order: “Promoting the Rule of Law Through Improved Agency Guidance Documents”

President Trump issued an executive order on 10/9/19 on agency guidance documents, which among other things requires that an agency post all its guidance documents in a single database on its website. (84 FR 55235, 10/15/19) AILA Doc. No. 19101505

 

DHS Final Rule Clarifying REAL ID Regulation

DHS final rule amending the REAL ID regulation to clarify that the 10/1/20 REAL ID deadline applies to all non-compliant cards, including state-issued driver’s licenses and identification cards marked to indicate that they may not be used for official federal purposes. (84 FR 55017, 10/15/19) AILA Doc. No. 19101500

 

EOIR Swears in 27 New Immigration Judges

EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges’ biographical information. AILA Doc. No. 19101401

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 21, 2019

Sunday, October 20, 2019

Saturday, October 19, 2019

Friday, October 18, 2019

Thursday, October 17, 2019

Wednesday, October 16, 2019

Tuesday, October 15, 2019

Monday, October 14, 2019

 

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

 

As always, thanks, Elizabeth, for all you do for the New Due Process Army and American Justice.

 

PWS

 

10-22-19

BILL McKIBBEN @ TIME: Imagine A World Not Led By Trump & His Fellow GOP Climate Change Deniers! — Humanity Would Have At Least A “Fighting Chance” For Survival!

Bill McKibben
Bill McKibben
American Environmentalist, Author, Journalist, Educator

https://time.com/5669022/climate-change-2050/

BY BILL MCKIBBEN SEPTEMBER 12, 2019

IDEAS

McKibben is the author of Falter: Has the Human Game Begun to Play Itself Out? and a co-founder of 350.org

Let’s imagine for a moment that we’ve reached the middle of the century. It’s 2050, and we have a moment to reflect—the climate fight remains the consuming battle of our age, but its most intense phase may be in our rearview mirror. And so we can look back to see how we might have managed to dramatically change our society and economy. We had no other choice.

There was a point after 2020 when we began to collectively realize a few basic things.

One, we weren’t getting out of this unscathed. Climate change, even in its early stages, had begun to hurt: watching a California city literally called Paradise turn into hell inside of two hours made it clear that all Americans were at risk. When you breathe wildfire smoke half the summer in your Silicon Valley fortress, or struggle to find insurance for your Florida beach house, doubt creeps in even for those who imagined they were immune.

Two, there were actually some solutions. By 2020, renewable energy was the cheapest way to generate electricity around the planet—in fact, the cheapest way there ever had been. The engineers had done their job, taking sun and wind from quirky backyard DIY projects to cutting-edge technology. Batteries had plummeted down the same cost curve as renewable energy, so the fact that the sun went down at night no longer mattered quite so much—you could store its rays to use later.

And the third realization? People began to understand that the biggest reason we weren’t making full, fast use of these new technologies was the political power of the fossil-fuel industry. Investigative journalists had exposed its three-decade campaign of denial and disinformation, and attorneys general and plaintiffs’ lawyers were beginning to pick them apart. And just in time.

These trends first intersected powerfully on Election Day in 2020. The Halloween hurricane that crashed into the Gulf didn’t just take hundreds of lives and thousands of homes; it revealed a political seam that had begun to show up in polling data a year or two before. Of all the issues that made suburban Americans—women especially—­uneasy about President Trump, his stance on climate change was near the top. What had seemed a modest lead for the Democratic challenger widened during the last week of the campaign as damage reports from Louisiana and Mississippi rolled in; on election night it turned into a rout, and the analysts insisted that an under­appreciated “green vote” had played a vital part—after all, actual green parties in Canada, the U.K. and much of continental Europe were also outperforming expectations. Young voters were turning out in record numbers: the Greta Generation, as punsters were calling them, made climate change their No. 1 issue.

And when the new President took the oath of office, she didn’t disappoint. In her Inaugural Address, she pledged to immediately put America back in the Paris Agreement—but then she added, “We know by now that Paris is nowhere near enough. Even if all the countries followed all the promises made in that accord, the temperature would still rise more than 3°C (5°F or 6°F). If we let the planet warm that much, we won’t be able to have civilizations like the ones we’re used to. So we’re going to make the change we need to make, and we’re going to make them fast.”

Fast, of course, is a word that doesn’t really apply to Capitol Hill or most of the world’s other Congresses, Parliaments and Central Committees. It took constant demonstrations from ever larger groups like Extinction Rebellion, and led by young activists especially from the communities suffering the most, to ensure that politicians feared an angry electorate more than an angry carbon lobby. But America, which historically had poured more carbon into the atmosphere than any other nation, did cease blocking progress. With the filibuster removed, the Senate passed—by the narrowest of margins—one bill after another to end subsidies for coal and gas and oil companies, began to tax the carbon they produced, and acted on the basic principles of the Green New Deal: funding the rapid deployment of solar panels and wind turbines, guaranteeing federal jobs for anyone who wanted that work, and putting an end to drilling and mining on federal lands.

Since those public lands trailed only China, the U.S., India and Russia as a source of carbon, that was a big deal. Its biggest impact was on Wall Street, where investors began to treat fossil-fuel stocks with increasing disdain. When BlackRock, the biggest money manager in the world, cleaned its basic passive index fund of coal, oil and gas stocks, the companies were essentially rendered off-limits to normal investors. As protesters began cutting up their Chase bank cards, the biggest lender to the fossil-fuel industry suddenly decided green investments made more sense. Even the staid insurance industry began refusing to underwrite new oil and gas pipelines—and shorn of its easy access to capital, the industry was also shorn of much of its political influence. Every quarter meant fewer voters who mined coal and more who installed solar panels, and that made political change even easier.

. . . .

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Read the rest of McKibben’s essay at the link.

The 2020 election might be America’s and the world’s last, best chance for salvation from Trump and his anti-science, climate denying GOP cabal that is bent on destroying our air, water, resources, and health. 

PWS

09-13-19

RUTH ELLEN WASEM @ THE HILL: When Child Abuse Becomes Our Nation’s Official Policy, We All Share The Shame!

Ruth Ellen Wasem
Ruth Ellen Wasem
Professor of Public Policy
UT-Austin

https://thehill.com/opinion/immigration/460349-report-on-migrant-children-documents-the-painfully-obvious

The Department of Health and Human Services (HHS) Office of Inspector General (OIG)’s new report found the Trump administration’s policy changes in 2018 exacerbated the mental health needs of “unaccompanied alien children” in their custody. The unaccompanied alien children in this study are overwhelmingly asylum seekers from Central America. No one should be surprised that the OIG found two particular policies — separating children from their parents and prolonging the time children are in custody — are especially harmful to the children’s mental health.

Researchers, mental health professionals and policymakers have known for years that refugee children are likely to have experienced traumas that challenge their mental health. Studies in the United States and in Europe have established that asylum-seeking children and adolescents are likely to have post-traumatic stress symptoms, anxiety, depression and externalizing behaviors.  Given that the escape of many of these Central American children was prompted by violence and deprivation in their home countries, they certainly are at high risk of developing mental disorders.

Last year I wrote that the Trump administration “knew it would cause lasting harm, and still took children from parents.” In July 2018, Jonathan White, the former deputy director of children’s programs in the HHS Office of Refugee Resettlement (ORR), testified to Congress that he had warned administration officials, early in the discussions to ramp up the zero tolerance toward asylum seekers, about the harm such policies pose to children. White argued that the separation of children from parents entails “significant risk of harm to children” as well as “psychological injury.” But administration officials overruled White.

The policy of family separation happens less frequently now; the Department of Homeland Security (DHS) reported that 911 children were taken from their asylum-seeking parents in the year after the June 26, 2018, court order to stop the practice. About 30 children whom DHS took from their parents during the peak of the policy in 2018 still remain separated from their parents. The new OIG report documents the deleterious effects this policy has had on the mental health of these children.

The House Committee on Oversight and Reform in July released a report of their investigation of the child-separation policy. The committee’s set of findings on how long children were held in custody is among the deeply troubling results — and not just because they found evidence the administration violated federal law on how long DHS can hold a child in detention. After DHS transferred custody to ORR, the committee reports that “records show that children of all ages were held in ORR custody for extensive periods of time.” The average was 90 days, with some children in ORR custody for more than 18 months.

When the committee’s findings are overlaid on the OIG study, the picture of the extensive damage to children’s mental health becomes even sharper. More precisely, the other policy the OIG found that was especially damaging to asylum-seeking children is the practice of prolonging the time children are in custody. “Facilities reported that children with longer stays experienced more stress, anxiety, and behavioral issues, which staff had to manage. Some children who did not initially exhibit mental health or behavioral issues began reacting negatively as their stays grew longer.”

If you are thinking that these compelling, thorough reports are prompting an end to this human tragedy — enter stage right the new DHS rule for the “Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children.” This regulation takes aim at the 1997 court-ordered consent decree, known as the Flores settlement, that limits the detention of children and set standards for their care. Among other things, the new rule would allow DHS to indefinitely detain migrant families, including those arriving to seek asylum. Administration officials assured that they would provide high standards for the care of children. The official press release stated “all children in the Government’s care will be universally treated with dignity, respect and special concern, in concert with American values and faithful to the intent of the settlement.”

However, the new rule eliminates the requirement that facilities holding families with children be state-licensed facilities. DHS would be responsible for licensing the family detention centers. Given the reports this summer of squalid conditions at facilities overseen by DHS, including a scathing “management alert” report by DHS’s Office of Inspector General, a new policy of prolonged detention of families and children seeking asylum is frightful. Attorneys general representing 20 states have sued to stop the policy change.

Two wrongs don’t make a right — but they do make a place in this administration’s immigration policies.

Ruth Ellen Wasem is a professor of policy practice at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. Follow her on Twitter @rewasem.

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Yup!

And, it’s only going to get worse, Ruth, as the Federal Courts have now joined in furthering and justifying the abuses of children, women, gays, and all migrants. 

Astoundingly, we’re seeing an institutional failure of our democratic republic that took more than two centuries to build in a little more than two years of Trump’s lawless authoritarian rule.  

Trump might not be the brightest bulb in the pack, but he has proved to have amazing talent for exploiting democracy’s weaknesses and co-opting and “weaponizing” supposedly democratic institutions to further his plan of destroying them completely. Lots of supposedly smart guys out there these days sucking up and doing his bidding.

PWS

09-12-19

LABOR DAY TRIBUTE: Carlos Lozada’s “Review of ‘A Good Provider Is One Who Leaves: One Family and Migration in the 21st Century’ by Jason DeParle”

Carols Lozada
Carlos Lozada
Journalist
Jason DeParle
Jason DeParle
Author & Journalist

https://www.washingtonpost.com/outlook/2019/08/30/many-immigrants-family-separation-happens-long-before-border/

There is a family separation that occurs long before an immigrant reaches America’s borders. It is no less wrenching than the ruptures that the Trump administration inflicted on thousands of children and parents last year as part of its “zero tolerance” policy against illegal entry, and may at times be even more painful, since it happens voluntarily. That is, if acts born of despair can ever be described as entirely voluntary.

In “A Good Provider Is One Who Leaves,” journalist Jason DeParle’s riveting multigenerational tale of one Filipino family dispersing across the globe, from Manila to Abu Dhabi to Galveston, Tex., and so many places in between, separation is a constant worry and endless toll. Parents leave their kids and country for years at a time so they can send back wages many multiples of what they previously earned. Children yearn for their parents, rebelling or wilting without them, while the youngest latch on to aunts and grandparents. Births, birthdays, weddings, illnesses, funerals — daily life slips by for the absent, imagined and unexperienced. Meanwhile, the government encourages the exodus; 1 in 7 laborers in the Philippines becomes an Overseas Filipino Worker (OFW), a status so common it rates not just an acronym but also an industry of private middlemen and government agencies managing a sector that accounts for one-10th of the country’s economy.

But the price is loneliness and longing. “The two main themes of Overseas Filipino Worker life are homesickness and money,” DeParle writes. “Workers suffer the first to get the second.” With immigration a central battleground in the Trump-era culture wars, and with the southern U.S. border and Hispanic influx dominating the political debate, this book provides crucial insight into the global scope, shifting profiles and, above all, individual sacrifices of the migrant experience.

DeParle, a New York Times reporter, tells the story of Emet, Tita and their daughter Rosalie, as well as their other children and grandchildren — a Manila family he first encountered and lived with for several months in the late 1980s. As a young reporter, DeParle wanted to better understand poverty, but in the Philippines, that meant learning about migration instead. The title of his book is also the Portagana family’s unofficial creed, a pained mix of self-affirmation and abnegation.

Emet cleaned pools in a government complex in the Philippines, earning $50 a month, barely enough to scrape by with his family in their Manila shantytown. When he has the chance to clean pools in Saudi Arabia for $500 per month, he takes it, while his wife of 14 years and their five children stay behind. “Ever since his orphaned childhood, all he had wanted was a family, but to support one, he had to leave it.” Tita cries when Emet departs, left to fend for herself and the family, rising at 4:30 a.m. to boil the breakfast rice, washing the school clothes every day, making every tough decision — does she pay for a doctor’s visit or for more food? — on her own.

When Emet first sends money, she cries again. “Tita stopped running out of fish and rice,” DeParle recounts. “She bought extra school uniforms so she didn’t have to wash every day. . . . After years of toothaches, she had seven teeth pulled and treated herself to dentures. . . . But the ultimate luxury was the family’s first bed.” She told Deparle how “I was ecstatic we could lay on something soft.”

New comforts are part of “migrant lore,” DeParle writes. Some analysts worry that remittances lead to consumerist splurges, but families receiving migrant income also invest in housing, health care and education. Migration serves as a tool of economic development, DeParle suggests, because of migrants’ enduring loyalty to the family back home. Of the 11 siblings in Tita’s own family, nine worked abroad, as did all five of Tita and Emet’s children. When DeParle returned to the Philippines two decades after having lived in Tita’s home, he saw that the family’s old straw huts had morphed into a compound of a dozen houses for various relatives — and the quality of the amenities bore a direct relationship to how long each owner had worked abroad. But an aging Emet still pondered the price, nostalgic for the days in the slum. “I was happier then,” he acknowledges, “because I was with my children.”

[Who gets to dream? America’s immigration battles go beyond walls and borders.]

Rosalie, their middle child, emerges as the book’s itinerant protagonist, not simply because she becomes the clan’s essential breadwinner as a nurse in America but because, for DeParle, she embodies the new face of migration. “Since 2008, the United States has attracted more Asians than Latin Americans, and nearly half of the newcomers, like Rosalie, have college degrees. Every corner of America has an immigrant like her.” Long male-dominated, migration has been increasingly feminized, in part because of the demand for caregiving workers in rich countries, a need that women have disproportionately filled. “By the mid-1990s when Rosalie went abroad, nearly half the world’s migrants were women — more than half in the United States — and they increasingly went as breadwinners, not spouses.”

pastedGraphic_2.png

Rosalie was a quiet child and an average student who considered religious life in Manila — not necessarily someone you’d pick to make it through nursing school, move to Saudi Arabia and the United Arab Emirates for several years, and take and retake English-language tests until, after 20 years of working, she could obtain a visa to the United States, take on a night shift in a Galveston hospital and embrace suburban life. She is separated from her own children, just as she suffered years without Emet. Her eldest daughter grows attached to Rosalie’s sister Rowena as a sort of surrogate mother, calling her “Mama Wena” and struggling with her aunt’s absence after reuniting with Rosalie in Texas.

Having long operated as a far-flung family, Rosalie, her husband, Chris, and their three kids must not only learn to live in America — they have to learn to live together. DeParle’s examination of how the two daughters adapt to U.S. elementary schools, seeking to become more all-American than the Americans, even as their parents find solace in Texas’s Filipino immigrant networks, is a minor classic of the assimilation experience. He also reflects on the impact of communications technology on migrant communities: “Can assimilation survive Skype?” DeParle wonders, seeing how it eases transitions by helping relatives stay in touch across time zones but also lengthens and deepens immigrants’ ties with the old country.

 

After all, even when you’ve left, you’re never entirely gone. Any health crisis among her extended family in the Philippines results in new bills for Rosalie to cover from afar. Chronically exhausted at the hospital — where Filipino nurses feel they get shorthanded shifts and sicker patients — she must also deal with the insecurities of her suddenly stay-at-home husband, whose masculine self-perception suffers in the face of his provider-wife. (“Would you be ashamed of Daddy if I worked as a janitor?” Chris asks the kids as he seeks a job in Galveston.) DeParle highlights this “inversion” of traditional gender roles in the modern migrant experience. For women, “migration elevated their incomes, raised their status, and increased their power within their marriages,” he writes. “But it also took many away from their children, often to care for the children of others, and elevated the risks of abuse.”

DeParle has a gift for distilling complexity into pithy formulations. “Migration is history’s ripple effect,” he writes, noting how U.S. co­lo­ni­al­ism led to the establishment of the Philippines’ first nursing schools, an industry that would propel Rosalie to America a century later. He also aptly captures the United States’ conflicted feelings about immigrants, a mix of resentment and need. “Unwelcomed is not the same as unwanted,” he explains simply. And the ominous U.S. Embassy in Manila, the repository of so much hope and so many fears for Filipino visa seekers, is “the gateway to opportunity, but marines guard the gate.” The book is packed with insights masked as throwaway lines — lines that convey so much.

So I wish DeParle had conveyed more about his own role in the story of this remarkable family. “Our relationship defies easy categorization; it’s part author-subject, part old friends,” he writes, likening himself to a big brother for Rosalie and uncle to her kids. “This was a journalistic endeavor but not an entirely arm’s-length one,” DeParle admits. “Occasionally my presence shaped events I was trying to record.” Some of these events were crucial. He gets Rosalie an English tutor for her exams. He spends hours on the phone helping Rosalie practice for her interview with the Galveston hospital. Most essential, he intervenes when bureaucratic scheduling nearly derails a final visa approval. “I was there as a journalist, not an advocate,” he writes. “But Rosalie had been waiting for twenty years.” So he helps by speaking with a U.S. Foreign Service officer. It is an entirely humane impulse, and DeParle stresses that the determination that got Rosalie to America “is hers alone.” But the author’s unexpected appearances complicate and at times confuse his narrative.

“A Good Provider Is One Who Leaves” has political implications without being an overtly political work. Yes, DeParle’s sympathies are clear. “Rosalie’s experience was a triple win: good for her, good for America, and good for her family in the Philippines,” he writes. “Migration was her vehicle of salvation. It delivered her from the living conditions of the nineteenth century. It respected her talent, rewarded her sweat, and enlarged her capacity for giving.” He also stresses how Filipino immigrants thrive in America, with more education, higher employment, and lower poverty and divorce rates than the native-born.

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Yet he mainly calls for calm and compromise around the immigration debates. “Be wary of seeing the issue in absolutist terms,” DeParle warns. He worries that if immigration becomes entrenched as another American culture war, like those over guns or abortion rights, its supporters will have more to lose. The warning comes under a Trump administration that has defined itself through its offensive against migrants, not just rewriting policies but seeking to write immigration out of the American tradition. On this point, DeParle offers a devastating rebuttal in another simple line.

“It’s good,” he concludes, “for your country to be the place where people go to make dreams come true.”

Follow Carlos Lozada on Twitter and read his latest essays and book reviews, . . . .

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This story reminds me of the dramatic presentation about her own family’s immigrant experience delivered by my friend and co-teacher Professor Jennifer Esperanza of Beloit College during our recent Bjorklunden Seminar on American Immigration.  I’ve posted it before, but here it is again.  https://www.youtube.com/watch?v=OEODrtuj_Pk&t=323s

One of the points Jenn makes is how she channeled the challenges of her childhood into learning that led to a lifetime of success and high achievement. 

PWS

09-02-19

“ROUNDTABLE” LEADER, HON. JEFFREY CHASE STARS ON LUTHERAN IMMIGRANT & REFUGEE SERVICE VIDEO!

WATCH THE LIVESTREAM REPLAY TO LEARN MORE ABOUT THE COMPLEXITIES OF THE U.S. IMMIGRATION SYSTEM

Lutheran Immigration & Refugee Service was pleased to welcome Jeffrey S. Chase to our headquarters for a Q&A session on the structure and evolution of the U.S. immigration courts. Mr. Chase is a former Immigration judge at the Department of Justice, senior attorney at the Board of Immigration Appeals, and currently serves as a private attorney and advocate for smarter immigration policy.

Lutheran Immigration and Refugee Service

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Q&A with a Former Immigration Judge

Watch later

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Krish O’Mara Vignarajah
Krish O’Mara Vignarajah
CEO
Lutheran Immigrantion & Refugee Service

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PWS

08-29-1

The Gibson Report 08-26-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

 

The Gibson Report   08-26-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

DOJ making changes to agency that runs immigration courts

AP: The rule gives the director of the Executive Office for Immigration Review the ability to issue appellate decisions in cases that haven’t been decided within an allotted timeframe. It also cements the administration’s decision to create an office of policy for the immigration courts in 2017.

 

USCIS Stops Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants

AILA has confirmed that as of August 7, 2019, USCIS has stopped accepting and adjudicating deferred action applications for non-military applicants. AILA seeks examples of those impacted by this change. Please complete the survey included with this alert to submit your example. AILA Doc. No. 19082334

 

EOIR Opening New Immigration Court in New York City

EOIR announced it will be opening a new immigration court on Broadway in New York City on September 9, 2019. Notice includes the new court’s location, contact information, and hours of operation. AILA Doc. No. 19082202

 

DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors

Joint DHS and HHS final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19). AILA Doc. No. 19082200 See also Changes for a landmark agreement mean immigrant children face harsher treatment in U.S.

 

In latest crackdown, new policy makes it easier to deny work permits to immigrants

Miami Herald: U.S. Citizenship and Immigration Services (USCIS) issued a policy alert on Monday stating that the agency is enhancing its adjudicators’ discretion to grant or deny work permits to foreign nationals paroled in the U.S.

 

AG William Barr Promotes Immigration Judges with High Asylum Denial Rates

SF Chronicle: The Trump administration has promoted six judges to the immigration appeals court that sets binding policy for deportation cases — all of whom have high rates of denying immigrants’ asylum claims. The six come from courts that have higher asylum-denial rates than the national average, including two from a court that has drawn complaints of unfair proceedings from immigration attorneys and advocates. A third has a long history of denying asylum to domestic violence victims, something the Justice Department has also sought to do. See also EOIR Announces Selection of Four New Assistant Chief Immigration Judges.

 

Trump’s Latest Asylum Ban Goes Into Effect in Texas and New Mexico

AIC: The ruling amounts to a partial victory for President Trump. While the ban covers the border states outside of the Ninth Circuit, it will not apply to anyone entering the country through California and Arizona. See also: Top Immigration Officials Gave Asylum Officers The Wrong Instructions On Trump’s New Restrictive Policy.

 

Undocumented Restaurant Worker Is Arrested by ICE During Deposition Against His Employer

WNYC: Last Monday, attorney Adam Dong said he was accompanying Zhang as he gave his deposition at the office of the defense counsel near Albany. The arrest happened when they broke for lunch.

 

ICE Announced New Expeditious Removal Process for Guatemalans

ICE announced that since mid-July 2019, U.S. and Guatemala have implemented an expeditious removal process for Guatemalan citizens. In FY2019 to date, ICE has removed 49,000 Guatemalans compared to 50,000 in FY2018, and more than 1,500 members of family units, a 50 percent increase from last year. AILA Doc. No. 19082605

 

ICE shut down a hotline for detained immigrants after it was featured on ‘Orange Is the New Black’

LA Times: Freedom for Immigrants, which runs visitation programs in detention centers across the country, responded Thursday with a cease-and-desist letter charging that the termination is a violation of free speech and amounts to retaliation by the government in an attempt to silence one of its prominent critics. Six actors from “Orange Is the New Black” and more than 100 organizations signed a letter to acting ICE Director Matthew Albence demanding that the line be restored.

 

Trump Aide Who Floated Sending Migrants to Sanctuary Cities Gets Powerful New Job

Daily Beast: Davis, a Harvard Law graduate and immigration hawk, is poised to play an important part in helping guide some of Trump’s most consequential policy moves, particularly on executive orders that are screened and closely examined by the counsel’s office. On Wednesday, the president again claimed that his administration was “seriously” looking at ending birthright citizenship, a potential executive order that would likely fall under Davis’s portfolio.

 

The Justice Department Sent Immigration Judges A White Nationalist Blog Post With Anti-Semitic Attacks

Buzzfeed: An email sent from the Justice Department to all immigration court employees this week included a link to an article posted on a white nationalist website that “directly attacks sitting immigration judges with racial and ethnically tinged slurs,” according to a letter sent by an immigration judges union and obtained by BuzzFeed News.

 

Leaked immigration court official’s directive could violate rules that protect families from deportation

Reveal: The discovery of Assistant Chief Immigration Judge Daniel Daugherty’s email to judges illustrates the inner workings of one of the nation’s busiest immigration courts, days after the Department of Justice filed a petition to disband the immigration judges union.

 

ICE Keeps Arresting Prominent Immigration Activists. They Think They’re Being Targeted.

VICE: Since President Trump took office, ICE has arrested at least 20 undocumented activists. As that figure continues to rise, advocates across the country increasingly worry they’re being targeted because of their activism — not their immigration status.

 

Foreign Student Visa Issuance Is Down Over 40 Percent

AIC: Much of this decline stems from delays in the processing of student visas. New and onerous screening procedures introduced by the Trump administration are responsible for a great deal of the added time it now takes to process a visa application.

 

Trump, QAnon and an impending judgment day: Behind the Facebook-fueled rise of The Epoch Times

NBC: Started almost two decades ago with a stated mission to “provide information to Chinese communities to help immigrants assimilate into American society,” The Epoch Times now wields one of the biggest social media followings of any news outlet. By the numbers, there is no bigger advocate of President Donald Trump on Facebook than The Epoch Times.

 

LITIGATION/CASELAW/RULES/MEMOS

 

The Solicitor General’s Expedited Removal Petition

Take Care: The Solicitor General recently filed a petition for certiorari asking the Supreme Court to review a constitutional challenge to the so-called expedited removal system.

 

Kansas v. Garcia

SCOTUSblog: Argument Oct 16, 2019: (1) Whether the Immigration Reform and Control Act expressly pre-empts the states from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications; and (2) whether the Immigration Reform and Control Act impliedly preempts Kansas’ prosecution of respondents.

 

Trump administration sued over poor medical care in immigration centers

Politico: Immigration advocates filed a sweeping, first-of-its kind class action lawsuit in federal court against the Trump administration on Monday, claiming official policies and lack of oversight related to the border and immigration crisis have led to major lapses in medical and mental health care in nearly 160 detention facilities across the country.

 

DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement

On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.AILA Doc. No. 19062495

 

DOJ Interim Final Rule Making Changes to EOIR, Including Delegating New Authority to EOIR Director

DOJ interim final rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. The rule is effective 8/26/19, with comments accepted through 10/25/19. (84 FR 44537, 8/26/19) AILA Doc. No. 19082601. See also Statement by Immigration Judges Union on Interim Final Rule Making Changes to Immigration Court System.

 

Early Arrival: Attorneys General Support Driver’s Licenses in New York

DocumentedNY: Nine states filed an amicus brief on Friday in support of the Green Light Bill, which allows undocumented people to get driver’s licenses in New York. The bill has been challenged by Erie County Clerk Michael Kearns in the federal Western District of New York, arguing in a July lawsuit that Green Light NY would force him to violate federal immigration law.

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status in light of grant of TPS and recent reentry pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Sylvestre, 12/10/18) AILA Doc. No. 19082301

 

BIA Reopens Sua Sponte for TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte to allow respondent to apply for adjustment of status in light of grant of TPS and recent entry pursuant to grant of advance parole. Special thanks to IRAC. (Matter of Senord, 11/29/18) AILA Doc. No. 19082001

 

BIA Holds Respondent Not Inadmissible for Conviction Subject to 212(c) Waiver

Unpublished BIA decision holds that respondent is not inadmissible based on a conviction for which he was previously granted a waiver under former INA 212(c). Special thanks to IRAC. (Matter of Morel-Uceta, 12/14/18) AILA Doc. No. 19082302

 

BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)

The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c). Matter of Singh, 27 I&N Dec. 598 (BIA 2019) AILA Doc. No. 19082317

 

BIA Upholds Grant of Adjustment of Status to Applicant with Three DUIs

Unpublished BIA decision upholds discretionary grant of adjustment application for respondent with three DUIs in light of more than 20 years’ residence, consistent employment, and passage of time since most recent offense. Special thanks to IRAC. (Matter of Velasquez Chavez, 12/10/18) AILA Doc. No. 19082300

 

BIA Holds Illinois Aggravated Sexual Abuse Not an Aggravated Felony

Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16(d) not sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Dave, 11/29/18) AILA Doc. No. 19082000

 

BIA Rescinds In Absentia Order Due to Tardy Filing of NTA

Unpublished BIA decision rescinds in absentia order because DHS did not file NTA prior to originally scheduled hearing and respondent thus had no obligation to inform court of change of address. Special thanks to IRAC. (Matter of Abarca, 12/6/18) AILA Doc. No. 19082209

 

BIA Holds Minnesota Joyriding Statute Not an Aggravated Felony

Unpublished BIA decision holds that taking or driving a motor vehicle without the consent of the owner under Minn. Stat. 609.52, subd. 2(a)(17) is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of B-A-D-, 12/6/18) AILA Doc. No. 19082208

 

BIA Grants Change of Venue in Interlocutory Appeal

Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18) AILA Doc. No. 19082207

 

EOIR Releases Policy Memo on Allegations of Misconduct by EOIR Adjudicators and Ex Parte Communications

Posted 8/19/2019

EOIR released a policy memo on ex parte communications, and the limited circumstances in which they may be permissible. The memo also notes that allegations of misconduct raised against EOIR adjudicators by a stakeholder does not constitute an improper ex parte communication.

AILA Doc. No. 19081901

 

EOIR Released UAC Statistics for FY2019

EOIR Released FY2019 Statistics on UAC Cases Pending More than Three Years

EOIR Released Statistics on FOIA Receipts

EOIR Released the Current Median UAC Case Completion and Case Pending Time for FY2019

EOIR Released Median Completion Times for Detained Cases

EOIR Released Statistics on Motions to Reopen

EOIR Released Statistics on Representation Rates

 

RESOURCES

 

·         How to Explain the Flores Regulation to Clients, Reporters, and Members of the Public

·         Bite-Sized Ethics: Too Close for Comfort? Friending Your Clients on Social Media

·         DOJ’s Latest Effort To Undermine Impartial Immigration Bench (IJ Union)

·         Universal Representation: Systemic Benefits and the Path Ahead

 

EVENTS

 

 

ImmProf

 

Monday, August 26, 2019

·         Sheriff Joe is back

·         U.S. Government Shuts Down Immigration Detention Hotline Featured on “Orange Is the New Black”

Sunday, August 25, 2019

·         Desafortunadamente (Unfortunately)

·         Is the Trump Administration Arresting Undocumented Activists?

·         Employers Struggle With Hiring Undocumented Workers: ‘You Cannot Hire American Here’

·         Trump Administration to Make Reforms to Immigration Courts, Board of Immigration Appeals: Will They be Less Independent?

Saturday, August 24, 2019

·         Justice Department Sends Immigration Judges a White Nationalist Blog Post

·         Immigration Article of the Day: Litigation Post-Pereira: Where Are We Now? by Geoffrey A. Hoffman

Friday, August 23, 2019

·         Six New BIA Members!

·         The Conversation: A Short Explanation of the Flores Settlement and Its Possible Demise

·         Mediterranean Blue

·         Queens NY speaks more languages than anywhere else in the world

Thursday, August 22, 2019

·         Immigration Article of the Day: The Boundaries of Habeas: Due Process, the Suspension Clause, and Judicial Review of Expedited Removal Under the Immigration and Nationality Act by Peter Margulies

·         Trump criticizes birthright citizenship… again

·         From the Bookshelves: The Long Honduran Night: Resistance , Terror, and the United States in the Aftermath of the Coup by Dana Frank

·         California Immigration Consultants Act (AB 1753): Protecting Vulnerable Immigrants From Unscrupulous Providers of “Legal Advice”

·         Your Playlist: Willie Nelson

Wednesday, August 21, 2019

·         From the Bookshelves: State of Resistance: What California’s Dizzying Descent and Remarkable Resurgence Mean for America’s Future by Manuel Pastor

·         Teaching A-C-M- with The Mockingjay (Part 2)

·         Trump Administration Announces New Rule to “Implement” the Flores Settlement

·         Trump is using the same immigration policy that once kept out Jews fleeing Nazi Germany

·         Immigration Article of the Day: Universal Representation: Systemic Benefits and the Path Ahead by Lindsay Nash

Tuesday, August 20, 2019

·         Census data shows citizenship premium

·         Guest Post: Disability Rights in Contemporary Immigration Debates by Jasmine E. Harris

·         Supreme Court Immigration News

·         Immigration Article of the Day: Environmental Refugees? Rethinking What’s in a Name

·         The Empire Strikes Back (Again): Trump administration tightens rules for immigrant work permits

Monday, August 19, 2019

·         Immigrant of the Day: Beto Perez (Colombia)

·         From the Bookshelves: Understanding Immigration Law Third Edition by Kevin R. Johnson, Raquel Aldana, Bill Ong Hing, Leticia M. Saucedo, Enid Trucios-Haynes

·         In-Depth Profiles of Stephen Miller

·         Montana Governor and Presidential Candidate — Putting Cuccinelli in charge of immigration “like putting Putin in charge of election security”

·         More than 40 charged in federal court from Mississippi ICE raid, but no company officials

·         Immigration Article of the Day: Bringing Democratic Rule of Law to Immigration (in the Age of Trump) by Carrie L. Rosenbaum

 

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

Thanks, Elizabeth.

PWS

08-29-19

REPORT FROM BJORKLUNDEN, PART II – My Boynton Society Lecture: “INTO THE MAELSTROM” — UNDERSTANDING AMERICAN IMMIGRATION IN THE AGE OF TRUMP

What is the Boynton Society?

 

The Boynton Society

Björklunden enjoys a loyal following among Door County residents and visitors, as well as Lawrence University alumni, parents and friends. The Boynton Society was formed to celebrate Björklunden and to secure financial backing for its programs. Those who support the mission of Björklunden make the Lawrence University Student Seminar programs possible for over 650 students each year as well as provide opportunities for the Lawrence University Conservatory of Music to perform in Door County.

Many Boynton Society members have attended summer seminars or spent time at the lodge during their years at Lawrence. Anyone who has been to Björklunden would agree that the experience can be life changing. Boynton Society members help to make sure that visitors of all ages will be able to enjoy the treasure that awaits as they venture into the “birch forest by the water” for years to come.

 

Who Chairs the Boynton Society:

Jone & Jeff Riester
Jone (LU’72) & Jeff (LU’70) Riester
Co-Chairs, The Boynton Society

PROGRAM NOTE: Jeff and I were in the same class at LU, attended the Lawrence Campus in Boennigheim together, overlapped at Wisconsin Law, and lived to tell about it.

Who were the Boyntons and how did they relate to Lawrence University:

The Björklunden Tradition

Björklunden* vid Sjön, Swedish for “Birch Grove by the Lake” is a 425-acre estate on the Lake Michigan shore just south of Baileys Harbor in picturesque Door County. A place of great beauty and serenity, the property includes meadows, woods, and more than a mile of unspoiled waterfront.

Björklunden was bequeathed to Lawrence University in 1963 by Donald and Winifred Boynton of Highland Park, Illinois. The Boyntons made the gift with the understanding that Björklunden would be preserved in a way that would ensure its legacy as a place of peace and contemplation. Winifred Boynton captured the enduring spirit of Björklunden when she said of her beloved summer home: “Far removed from confusion and aggression, it offers a sanctuary for all.”

Since 1980, Lawrence has sponsored a series of adult continuing-education seminars at Björklunden, interrupted only by a 1993 fire that destroyed the estate’s main lodge. In 1996, construction was completed on a new and larger facility, and the Björklunden Seminars resumed. The magnificent lodge and idyllic setting create a peaceful learning environment. Seminars address topics in the arts, music, religion, history, drama, nature, and more. Seminar participants may enjoy a relaxing week’s stay at the lodge or are welcome to commute from the area.

Throughout the academic year, groups of Lawrence students and faculty come to Björklunden for weekend seminars and retreats. Each student at Lawrence has the opportunity to attend a student seminar at Björklunden at least once during their studies. Student seminars provide the opportunity to explore exciting themes and issues and the time and the environment in which to embrace those ideas and their consequences. The magic of a Björklunden weekend is in the connection between thought and reflection. Making that connection fulfills one ideal of a liberal education.

The two-story Björklunden lodge is a magnificent 37,000 square-foot structure containing a great room, muti-purpose and seminar rooms, dining room and kitchen, as well as 22 guest rooms. The lodge accommodates a wide variety of seminars, meetings, conferences, receptions, family gatherings, musical programs and other special events and is available for use throughout the year. In addition to the main building, the Björklunden estate also includes a small wooden chapel built in a late 12-century Norwegian stave church (stavkirke) style, handcrafted by the Boyntons between 1939 and 1947.

 

What does the hand-crafted Boynton chapel look like today:

Boynton Chapel
Boynton Chapel
Bjorklunden
IInside the Boynton Chapel
Inside the Boynton Chapel
Bjorklunden
Inside the Boynton Chapel
Inside the Boynton Chapel
Bjorklunden
Inside the Boynton Chapel
Inside the Boynton Chapel
Bjorklunden

 

What did I say in my Lecture:

NOTE:  This written version contains “bonus material” that was cut from the live presentaton in the interests of time.

“INTO THE MAELSTROM” — UNDERSTANDING AMERICAN IMMIGRATION IN THE AGE OF TRUMP

BOYNTON SOCIETY LECTURE

LAWRNCE UNIVERSITY, BJORKLUNDEN, CAMPUS

BAILEY’S HARBOR, WISCONSIN

August 10, 2019

 

 

Greetings, and thank you so much for coming out to listen this beautiful afternoon on a topic that has consumed my post-Lawrence professional life: American Immigration.

 

Whether you realize it or not, immigration shapes the lives of each of us in this room. It will also determine the future of our children, grandchildren, and following generations.  Will they continue to be part of a vibrant democratic republic, valuing human dignity and the rule of law?  Or, will they be swept into the maelstrom as our beloved nation disintegrates into a cruel, selfish, White Nationalist kleptocracy, mocking and trampling most of the principles that we as “liberal artists” grew up holding dear.

 

The Maelstrom
“The Maelstrom”
Bjorklunden
Maelstrom
“The Maelstrom”

 

 

Many of you have thought about this before in some form or another. Indeed, that might be why you are here this afternoon, rather than outside frolicking in the sunlight. But, for any who don’t recognize the cosmic importance of migration in today’s society, in the words of noted scholar and country music superstar Toby Keith, “It’s me, baby, with your wake-up call.”

Toby Keith
040601-N-8861F-003 Naval Support Activity Naples, Italy (Jun. 1, 2004) – Country singer Toby Keith sings at a recent United Service Organization (USO) sponsored concert held at Naval Support Activity, Naples, support site in Gricignano. Keith, joined by rock legend Ted Nugent will also be traveling to Germany, Kosovo and the Persian Gulf during the tour. U.S. Navy photo by Photographer’s Mate 2nd Class Lenny Francioni (RELEASED)

 

For, make no mistake about it, civilization is undergoing an existential crisis. Western liberal democracy, the rule of law, scientific truth, humanism, and our Constitutional guarantees of Due Process of law for all are under vicious attack. Evil leaders who revel in their anti-intellectualism and pseudo-science have shrewdly harnessed and channeled the powerful cross currents of hate, bias, xenophobia, fear, resentment, greed, selfishness, anti-intellectualism, racism, and knowingly false narratives to advance their vitriolic program of White Nationalist authoritarianism, targeting directly our cherished democratic institutions. And, their jaundiced and untruthful view of American immigration is leading the way toward their dark and perverted view of America’s future.

 

As fellow members of the Boynton society, I assume that all of you are familiar with our beautiful chapel, painstakingly hand-constructed by Winifred Boynton and her husband Donald – a true labor of love, optimism, humanitarianism, and respect for future generations. Here are the words of Winifred Boynton:

Boynton Chapel
Boynton Chapel
Bjorklunden
Door County, WI

 

During those years the chapel was in the building, the world was being torn apart by the hatred and fighting of a war and we realized the tremendous need for centers of peace and Christian love for our fellow man. . . . We found ourselves selecting moments of great joy for the large murals. And, the decision to dedicate the chapel to peace was the natural culmination. [Ruth Morton Miller, Faith Built a Chapel, Wisconsin Trails, Summer 1962, at 19, 21-22]

The Boyntons
Donald and Winifred Boynton

 

If Winifred were among us today, in body as well as spirit, she would approve of the learning, humane values, and concern for our fellow man fostered through our seminars this week and this program.

 

For those of you who weren’t able to join us this week, here are some of the “ripped from the headlines” items that we discussed in the American Immigration and Culture Seminar led by my good friend, the amazing Jennifer Esperanza, Professor of Cultural Anthropology at Beloit College, herself a first generation American whose family came from the Philippines, and me.    

Jennifer Esperanza
Professor Jennifer Esperanza
Beloit College
Anthropology Department

  

From Sunday’s Wisconsin State Journal: “Trump’s stamp on immigration courts; recent trend in judges is former military and ICE attorneys” and “Swamped courts fast-tracking family cases: Speeding up hearings aims to prevent migrant families from setting down roots while they wait to find out whether they qualify for asylum.”

 

From Monday’s Los Angeles Times: “’As American as any child:” Defunct citizenship query may still lead to Latino undercount.”

 

From Wednesday’s El Paso Times: “Mr. President, the hatred of the El Paso shooting didn’t come from our city: When you visit today, you will see El Paso in the agony of our mourning.  You will also see El Paso at its finest.”

 

From Thursday’s New York Times: “Climate Change Threatens the World’s Food Supply, United Nations Warns.”

 

From Thursday’s Huffington Post: “Children Left without Parents, Communities ‘Scared to Death’ After Massive ICE Raids.”

 

From Friday’s Washington Post: “The poultry industry recruited them. Now ICE raids are devastating their communities: How immigrants established vibrant communities in the rural South over a quarter century.”

And, finally, check these out from today’s Washington Post: “When they filed their asylum claim, they were told to wait in Mexico – where they say they were kidnapped;” and “ICE raids target workers, but few firms are charged;” and “Pope Francis again warns against nationalism, says recent speeches sound like ‘Hitler in 1934.’”

 

Just before I came to deliver this lecture, I was on the phone with Christina Goldbaum of the New York Times who is writing an article on the Administration’s efforts to “break” the Immigration Judges’ union (of which I am a retired member) which will appear tomorrow.

Christina Goldbaum
Christina Goldbaum
Immigration Reporter
NY Times

 

Now, this is when, “in former lives,” I used to give my comprehensive disclaimer providing plausible deniabilityfor everyone in the Immigration Court System if I happened to say anything inconvenient or controversial – in other words, if I spoke too much truth.  But, now that Im retired, we can skip that part.

No BS
IMPORTANT WARNING
ENTERING NO BS ZONE

 

Nevertheless, I do want to hold Lawrence, the Boynton Society, Mark, Alex, Kim, Jeff & Joanie, you folks, and anyone else of any importance whatsoever, harmless for my remarks this afternoon, for which I take full responsibility. No party line, no bureaucratic doublespeak, no “namby-pamby” academic platitudes, no BS. Just the truth, the whole truth, and nothing but the truth, of course as I see it, which isn’t necessarily the way everyone sees it. But, “different strokes” is, and always has been, an integral part of the “liberal arts experience” here at Lawrence.

But, that’s not all folks! Because todayis Saturday, this is Bjorklunden, and youare such a great audience, Im giving you my absolute, unconditional, money-back guarantee that thistalk will be completely freefrom computer-generated slides, power points, or any other type of distracting modern technology that might interfere with your total comprehension or listening enjoyment.  In other words, am the power pointof this presentation.

Executive Summary

I will provide an overview and critique of US immigration and asylum policies from the perspective of my 46 years as a lawyer, in both the public and private sectors, public servant, senior executive, trial and appellate judge, educator, and most recently, unapologetic “rabble rouser” defending Due Process and judicial independence.

I will offer a description of the US immigration system by positing different categories of membership: full members of the “club” (US citizens); “associate members” (lawful permanent residents, refugees and asylees); “friends” (non-immigrants and holders of temporary status); and, persons outside the club (the undocumented). I will describe the legal framework that applies to these distinct populations and recent developments in federal law and policy that relate to them. I will also mention some cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and Constitutional rights that extend to non-citizens.

Click this link to continue with the full version of the speech:

BOYNTON SOCIETY LECTURE

 

“Made my day” moment:

Three members of the fantastic Lawrence undergraduate student staff who attended the lecture told me afterward “We’re joining your ‘New Due Process Army.’” Thus, the “Brjorklunden Brigade of the NDPA” is born!

 

What did the Society members do after the “serious stuff” was over?

Partied, of course:

 

Who runs Bjorklunden?

 

Mark Breseman
Mark Breseman (LU ’78)
Executive Director
Kim Eckstein
Kim Eckstein
Operations Manager
Alex Baldschun
Alex Baldschun
Assistant Director
Jeff Campbell
Jeff Campbell
Head Chef
Mark Franke
Mark Franke
General Maintenance Mechanic
Lynda Pietruszka
Lynda Pietruszka
Staff Assistant/Weekend Manager

How can you join the Boynton Society or participate in future programs at Bjorklunden (you to not have to be a Lawrence University graduate, student, or otherwise affiliated with the University)?

Click here for further information:

https://www.lawrence.edu/s/bjorklunden/boynton_society

 

PWS

08-23-19

 

 

 

 

WASHPOST: Catherine Rampell Takes The Measure Of Stephen Miller’s Neo-Nazi View Of American Immigration History – Exposing A Lifelong Hater’s Knowingly False, Misleading & Existentially Dangerous Narrative!

WASHPOST: Catherine Rampell Takes The Measure Of Stephen Miller’s Neo-Nazi View Of American Immigration History – Exposing A Lifelong Hater’s Knowingly False, Misleading & Existentially Dangerous Narrative!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2019/08/20/stephen-miller-is-right-about-immigration-not-way-that-he-means/

By Catherine Rampell

Columnist

August 20 at 4:58 PM

In a Post profile over the weekend, White House senior policy adviser and de facto immigration czar Stephen Miller explained why he cares so much about immigration policy:

“Immigration is an issue that affects all others,” Miller said, speaking in structured paragraphs. “Immigration affects our health-care system. Immigration affects our education system. Immigration affects our public safety, it affects our national security, it affects our economy and our financial system. It touches upon everything, but the goal is to create an immigration system that enhances the vibrancy, the unity, the togetherness and the strength of our society.”

Miller is right: Immigration does touch all those realms. Though perhaps not in quite the way he suggests.

For instance, immigration affects our health-care system in many ways — including by supplying it with talent.

In fact immigrants are overrepresented in the health industry. About 16.6 percent of the health industry is foreign-born, 13.7 percent of the U.S. population overall. A whopping 29.1 percent of physicians are foreign-born, according to a recent analysis of Census Bureau data published in the Journal of the American Medical Association. Immigrants also are overrepresented among dentists (23.7 percent); pharmacists (20.3 percent); registered nurses (16 percent); and nursing, psychiatric and home health aides (23.1 percent).

Immigration also plays an important role in our education system. International students, who generally pay full freight, have helpedkeep public universities afloat even as state legislatures have slashed their budgets. Their tuition dollars help schools cross-subsidize in-state students. Immigrants also have populated the STEM study programs that Americans show little interest in, especially at the graduate level — where many of those same immigrant students help educate American undergrads.

Here’s the share of students in a selection of STEM graduate programs who are in the United States on temporary visas, according to the National Science Foundation’s Science & Engineering Indicators 2018 report. Note that this measure likely understates the fraction of students who are foreign-born, as it does not include those who are permanent residents or naturalized citizens.

Source: National Science Foundation, National Center for Science and Engineering Statistics, special tabulations (2016), 2015 Survey of Graduate Students and Postdoctorates in Science and Engineering. (Washington Post)

As for the relationship between immigration and public safety, the data suggest you might conclude that greater immigration leads to greater public safety.

ADVERTISING

At least, a study of immigration and crime trends across 200 metropolitan areas over four decades found that “immigration is consistently linked to decreases in violent (e.g., murder) and property (e.g., burglary) crime throughout the time period.” Other studies have found a similar relationship between the two trends. We don’t know that the link is actually causal, of course, but we do have evidence thatundocumented immigrants commit (non-immigration-related) crimes at lower rates than do native-born Americans.

With respect to national security, Miller might do well to remember that immigrants serve in our military. As of 2018, there were 527,000 foreign-born veterans, according to a Migration Policy Institute analysis of Census Bureau data. About 1.9 million veterans are the U.S.-born children of immigrants.

Some of those noncitizen military members with in-demand skills were expecting that their service would expedite their naturalization process, under a program launched in 2008 called Military Accessions Vital to the National Interest. However, changes in recent years, under first the Obama administration and then under Trump, have effectively frozen that program.

What about our economy?

There’s a lot to be said about how immigrants contribute to the economy, including through high rates of entrepreneurship. For example, immigrants have started more than half of the United States’ start-up companies valued at $1 billion or more, according to a National Foundation for American Policy study. They start lots of smaller companies, too, at much higher rates than native-born Americans, according to data from the Kauffman Foundation.

Without immigration, the U.S. working-age population would be falling, which would weigh on economic growth. (Just look at Japan’s struggles). And as I’ve written elsewhere:

There’s reason to believe that new immigrants may depress wages for earlier waves of immigrants who have similar skill sets. However, recent studies suggest that immigration (both authorized and unauthorized) actually boosts labor force participation rates, productivity and wages and reduces unemployment rates for native-born American workers, whose skills these immigrants tend to complement.

But don’t these people drain the public coffers?

Immigrants, including undocumented immigrants, pay taxes — taxes that fund government benefits that in many cases they are not legally eligible to collect.

A report from the National Academies of Sciences, Engineering, and Medicine found that the net fiscal impact of first-generation immigrants, compared to otherwise similar natives, is positive at the federal level and negative at the state and local levels. That’s due mostly to the costs of educating their children. When their children grow up, though, they are “among the strongest economic and fiscal contributors in the U.S. population, contributing more in taxes than either their parents or the rest of the native-born population.” In other words, by the second generation, immigrants are net-positive for government budgets at all levels.

What about the most destitute immigrants who come here, though? Surely they’re sucking the government dry!

Nope.

An internal government report commissioned by Trump found that refugees brought in $63 billion more in tax revenue over the past decade than they cost the government. Finding those results inconvenient, the administration suppressed them, though they were ultimately leaked to the New York Times last year.

So by all means, Miller, please remind the public that immigration has consequences for the broad policy landscape. But remembering the directionality of those consequences seems pretty important, too.

 

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

Thanks, Catherine, for setting the record straight!

Catherine’s wonderful article would have fit well within the readings for the Bjorklunden Seminar that Professor Jenn Esperanza and I did earlier this month. Basically, those who oppose and demean immigrants have forgotten that we are all immigrants, we are all very similar, and without immigrants there would be no America.

No, our country isn’t “full” by any means and no, the “quality” of recent immigrants hasn’t “dropped off.” If anything, we are more dependent on the skills, hard work, and loyalty (sometimes hard to fathom, considering how they are treated) of recent immigrants, both documented and undocumented, than at any time in our history since the founding.

Unlike Miller, “Cooch Cooch,” Pence, Trump himself, and the other political hacks charged with making immigration policy these days, I actually spent years dealing face to face with migrants of all types, races, religions, backgrounds, and situations in performing my duties as a U.S. Immigration Judge. Contrary to the false narratives promoted by the “Millers of the world,” most of them wanted just three things 1) the chance to live a relatively safe and stable life; 2) an opportunity to use their skills to support themselves and others; and 3) a better future for their children.

That’s largely what I wanted out of life and accurately describes the aspirations of probably 90%+ of the people I have known as I move into my seventh decade of life.

I don’t know what entitles folks like Trump, Miller, and their followers to demean and dehumanize the contributions of other humans who are just as, or in many cases more, worthy as they are – simply because they didn’t have the same fortune of birth or circumstances.

Undoubtedly, there is somewhere out there a point at which admitting larger numbers of refugees and other types of immigrants would be counterproductive, at least for our country, if not for the migrants themselves. Even then, there might still be moral and religious arguments for helping our fellow men even when it ceases to demonstrably benefit our economy and our society.

But, the factual and moral bankruptcy of the “case for fewer immigrants” put forth by Trump, Miller, and the White Nationalists shows that whatever that “magic number’” might be, it’s multiples of the number of legal immigrants we are admitting at present. That’s why Trump, Miller, and the White Nationalists don’t want to have the real national dialogue that we should be engaging in: How do we expand our current refugee and legal immigrant admission systems to more realistically reflect the market forces that cause migration, and how do we as a country put ourselves in the best position to benefit from the ongoing phenomenon of human migration?

The longer we screw around with and are diverted by the racist myths of the Trumps and Millers, the longer it will take us to get around to the hard work of addressing immigration issues in a smart, humane, and realistic way that benefits the immigrants, our country, and humanity as a whole.

 

PWS

08-21-19

 

 

 

BJORKLUNDEN REPORT, PART I: “American Immigration: A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issues Dominating Our National Dialogue”

BJORKLUNDEN REPORT, PART I: “American Immigration: A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issues Dominating Our National Dialogue”

 

I had the pleasure of co-teaching this course with my good friend Professor Jennifer Esperanza of the Beloit College Anthropology Department. The venue was Lawrence University’s amazing Northern Campus, known as Bjorklunden, on the wildly beautiful shores of Lake Michigan in Door County, Wisconsin, from August 4-9, 2019. This was a “derivative” of an immigration component of a summer session of Jenn’s class for undergraduates at Beloit. This time we had a group of 15 enthusiastic, well-informed post graduate students from a variety of professional backgrounds.

 

Here’s what we set out to achieve:

 

 

 Class Description:

All Americans are products of immigration. Even Native Americans were massively affected by the waves of European, involuntary African-American, Asian, and Hispanic migration. Are we a nation of immigrants or a nation that fears immigration? Should we welcome refugees or shun them as potential terrorists? Do we favor family members or workers? Rocket scientists or maids and landscapers? Build a wall or a welcome center? Get behind some of the divisive rhetoric and enter the dialogue in this participatory class that will give you a chance to “learn and do” in a group setting. Be part of a team designing and explaining your own immigration system.

Class Objectives:

  • _Understand how we got here;
  • _Understand current U.S. immigration system and how it is supposed to work;
  • _Learn more about the various lived experiences of immigrants and refugees through their personal stories and ethnographic accounts
  • _Develop tools to become a participant in the ongoing debate about the future of American immigration;
  • _Get to know a great group of people, enjoy Door County, and have some fun in and out of class

 

 

Here are our “five major themes:”

 

Day 1: An Introduction to Immigration (From the Top Down and the Bottom Up)

Highlight: Getting the “immigration histories” of the participants

 

Day 2:  Labor Migration: Push/Pull Factors

Highlight: Stories and examples of the “hard-work culture” created by various groups of hard-working immigrants to the U.S. both documented and undocumented with a particular emphasis on the culture created by Hispanic restaurant workers

Day 3: “Making Home”

Highlight: Watching and discussing NPR broadcast on German immigrants in rural Wisconsin which related directly to the family histories of many of us in the class (including me)

 

Day 4: “Well Founded Fear”

Highlights: Jenn’s live storytelling performance of her own family immigration experience, watch on Youtube here:  https://www.youtube.com/watch?v=OEODrtuj_Pk&t=323s

My coverage of the entirety of refugee history and modern U.S. refugee and asylum laws in 70 minutes (favorite student comment/compliment: “I expected this to be deadly, but it wasn’t.”)

 

Day 5: Contemporary Issues: The Future of Immigration, Refuges, & Asylum

Highlight: The class presentations of the famous (or infamous) “Mother Hen v. Dick’s Last Resort” “Build Your Own Refugee System” Exercise

 

Here’s the complete Course Outline (although admittedly we varied from this when necessary):

Bjorklunden 2019 Syllabus_American Immigration

 

Here’s my “Closing Statement:”

 

“CLOSING STATEMENT”

Lawrence University

Bjorklunden Campus

Bailey’s Harbor, WI

August 9, 2019

 Jenn and I thank you for joining us. We’ve had our “Last Supper” and our “Final Breakfast” here at beautiful Bjorklunden. That means that our time together is ending.

 In five days, we have completed a journey that began on Monday with hunter-gatherers in Africa thousands of years ago, and ends inside today’s headlines about ripping apart families in Mississippi and trying to develop better approaches to refugees: individuals who are an integral part of the human migration story as old as man, and who will not be stopped by walls, prison cells, removals, or cruel, inhuman, and degrading treatment or rhetoric from our so-called “leaders.” On the way, we wound through our own rich immigration heritages and personal stories about how migration issues continue to shape our lives, including, of course, bringing this wonderful group together in the first place.

 Jenn shared with you some very personal stories about her own family’s recent immigration experiences and how it shaped, and continues to mold her own life and future.  I introduced you, at least briefly, to a key part of my own life, the U.S. Immigration Court, the retail level of our immigration system, where “the rubber meets the road” and where the maliciously incompetent actions of unqualified politicos have created “Aimless Docket Reshuffling” and made a bad joke out of the precious Constitutional right to Due Process under law for all in the U.S. regardless of status or means of arrival.

 Our lively class discussions have not been “merely academic,” but real and practical.  We have discussed real life scenarios literally “ripped from today’s headlines,” involving real people and real human dilemmas, including the challenges facing those whose job it is to ensure that justice is served.  Although this class is done, the learning, the intense human drama, and the “living theater” of American immigration will continue.

 Jenn and I have enjoyed working with all of you over this week. The past five days have certainly been a high point for us this summer.

 We have communicated our shared values of fairness, scholarship, timeliness, respect, and teamwork!  And, we hope that our ability to bond and bridge generational, age, academic, gender, professional, cultural, and geographic gaps to bring you this learning experience has served as a “living example” of how those shared values play out in “real life.”

 For me and others like me, our “time on the stage” is winding down. Others, like Jenn and Chuck, are still very much engaged in the production. Still others, like Mary’s inspiring grandchildren, Jenn’s boys, and my eight grandchildren, are “waiting in the wings” to take the stage and assume their full roles in the ongoing drama of human history.

 Our hope and challenge for each of you is that no matter where you are in the process of lifelong learning and doing, you will reach your full potential as informed, caring, and compassionate human beings, and that you will continue to strive to make our world a better place!  We also hope that something that you have learned in this class will make a positive difference in your life or the life of someone you care about.

 Thanks again for inviting us into your lives, engaging, participating, and sharing. Journey forth safely, good luck, and may you do great things in all phases of life!

 

Here’s our “Class Photo” taken on the deck outside the Lakeside Seminar Room where we met:

Left to right: Steve Handrich, Judge Charlie Schudson, Nancy Behrens, Mary Poulson, Jeff Riester (fellow LU ’70), Chuck Meissner, Genie Meissner, Chuck Demler (LU ’11, Associate Director of Major and Planned Giving), Greta Rogers, Me, Professor Jennifer Esperanza (Beloit College), Renee Boldt, Susan Youngblood, Chris Coles, Cynthia Liddle, Fred Wileman (my cousin), Mary Miech

Here are some shots of Bjorklunden:

Bjorklunden
Bjorklunden — A Different World
Bjorklunden Lodge
Bjorklunden Lodge
Bjorklunden -- Lake Michigan South
Looking South Along Lake Michigan Shore
Naturalist Jane
Exploring the Ice Age With “Naturalist Jane”
Lake Michigan North
AM on Lake Michigan Looking North Toward Bailey’s Harbor
Moon Over Lake Michigan
Moon Over Lake Michigan
Looking East
Looking East

And, this is Jenn and me conducting our “exit session” @ the Door County Brewing Co. in Bailey’s Harbor:

Jenn & Paul
“Oh, the beauty of exam-free teaching!”

Thanks again to Mark Breseman (LU ’78), Executive Director; Kim Eckstein, Operations Manager; Alex Baldschun, Assistant Director; Jeff Campbell, Head Chef; Mark Franks, General Maintenance Mechanic; Lynda Pietruszka, Staff Assistant/Weekend Program Manager, and, of course, the amazing, brilliant, personable, and talented LU student staff at Bjorklunden for taking care of our every need and making everything work.

The student staff basically runs the place from an operational standpoint. While many universities brag about their hotel and hospitality management programs, as far as I could see the student staff at Lawrence was getting great “hands on” experience and training in hospitality management from the ground up. How do I know? Well, in the “corporate phase” of my career, I represented some of the largest international hotels and hospitality corporations in the world. The “hands on” training that these students were getting appeared to be very comparable to those of well-known hotel management programs and just the type of skills that major hotel chains are always looking for in their executives and managers.

Special thanks to Alex and Kim, for emergency copying and technical services; to Kim for showing me the only “Level 2” Electric Vehicle Charger in Bailey’s Harbor (I’ve recommended that as a proudly eco-friendly institution Lawrence install Level 2 EV Chargers and dedicated plugs for Level 1 EV Chargers in convenient locations on both the Appleton and Northern Campuses); to Jeff for giving me tasty vegan options for every meal; and to Lynda and Mark Franks for their general cheerfulness and  “can do” attitude. I also appreciate the student staff who resided on my corridor for putting up with my constant whistling.

I thank Chuck Demler for getting me involved in the Bjorklunden teaching program. I am indebted to Jeff Riester for not sharing his recollections (if any) of our time together as undergraduates at Lawrence with particular reference to our two terms at the Lawrence Overseas Campus then located in Boennigheim, Germany.

Finally, thanks to my good friend and professional teaching colleague Professor Jenn Esperanza of Beloit College (who also happens to be “best buds” with my daughter Anna and her husband Daniel, a fellow Professor at Beloit College) for undertaking this adventure together and being willing to share so much of her very moving and relatively recent personal experiences with immigration and being part of the “American success story.” Jenn and I appreciated the enthusiastic participation of all the members of our group and their signing up for our class.

 

Due Process Forever!

 

PWS

 

08-21-19