⚖️🗽😎 ANOTHER GREAT NDPA TRAINING OPPORTUNITY: JOIN US AT THE SHARMA-CRAWFORD CLINIC “LITIGATION BOOT CAMP” IN KANSAS CITY, MAY 4-6, 2023!

Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law
Genevra W. Alberti, Esq.
The Clinic at Sharma-Crawford Attorneys at Law
Kansas City, Mo.
PHOTO: The Clinic

Dear Colleagues,

 

The Clinic at Sharma-Crawford Attorneys at Law – a nonprofit removal defense organization in Kansas City, Missouri – is hosting its sixth annual Immigration Court Trial Advocacy College from Thursday, May 4, 2023 to Saturday, May 6, 2023 in the Kansas City metro area.

 

This is a unique, hands-on, one-on-one, training experience designed to make you confident in immigration court, and the program has something for beginners as well as experienced removal defense litigators. Under the guidance of seasoned trial attorneys from all over the country (myself included) and using a real case, real witnesses, and real courtrooms, participants will learn fundamental trial skills while preparing a cancellation of removal case for a mock trial. The complete conference schedule and faculty bios are available on The Clinic’s website here.

 

Days 1 and 2 of the program will focus on helping attendees master the fundamentals of trial practice and prepare a cancellation of removal case and witness for trial. For many of the sessions, attendees will be broken up into smaller groups, each with its own set of faculty members to provide one-on-one input. Each attendee will be assigned a role – either the respondent’s attorney, or the DHS attorney – and will have a volunteer “witness” to prep. On day 3, mock trials will be held in real courtrooms with faculty serving as the judges.

 

Tickets are available now, and you can register on The Clinic’s website here. There is a discounted rate for attorneys who are employed by a nonprofit. Price includes breakfast, lunch, coffee and refreshments throughout, along with a happy hour on Thursday. **VERY IMPORTANT: It is imperative that you commit to attending all 3 days of the conference, so please do not register unless you can do so.** If you have questions about this, please let me know. Proof of COVID-19 vaccination is also required.

 

Space is limited, so be sure to get your tickets soon. We hope to see you there!

 

 

 

Genevra W. Alberti, Esq.

The Clinic at Sharma-Crawford Attorneys at Law

515 Avenida Cesar E. Chavez

Kansas City, MO 64108

(816) 994-2300 (phone)

(816) 994-2310 (fax)

genevra@theclinickc.org

 

 

http://theclinickc.org

The Sixth Annual Trial College

MAY

4 – 6

Thursday, May 4, 2023 – Saturday, May 6, 2023

Kansas City, Missouri

Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Here’s a link to the Clinic site:

https://theclinickc.org/events/the-sixth-annual-trial-college/

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

I’ll be there again, along with my Round Table colleagues Judge Lory Rosenberg, Judge Sue Roy, and a host of other great faculty. See you in Kansas City in May!

“Going to Kansas City, Kansas City here I come . . . .”

— F. Domino

Fats Domino
Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980
PHOTO: Creative Commons

🇺🇸 Due Process Forever!

PWS

01-11-22

⚖️📚 WHAT MAKES LAW TEACHING WORTHWHILE! — SPOILER ALERT: It Isn’t US News & World Reports Rankings — “One law student at a time”

Student note to a pair of immigration professors:

Forgot  to thank both of you for an amazing semester! This class has helped me not feel too down about law school and not judge my intelligence. I liked that both of you show the human side of law. Thank you for not only showing us that the subject is based on people, but also teaching  in a way that showed you were approachable. I love that both of you know how to turn off the legal side and just talk to students about ordinary life, which has helped a lot in my ability to approach other professors. And, you both taught in a language that I can actually understand. Thanks again and I hope to have other professors like the two of you in the future!”

From a student in our Immigration Law I course. Thursday was the final class of the semester.

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

This is one reason why the NDPA has been such a formidable force for due process and against Government human rights abuses and “bad law.”

It also shows why more and more immigration and immigration clinical professors are not only receiving tenure, but are “moving up the leadership ladder” at their institutions. 

Immigration law teaching has been far, far ahead of the curve in teaching “law you can use” and practical skills that not only spell success in legal practice but in all aspects of life. One of these is taking complex subjects and breaking them down into understandable terms and pieces that make sense and relate to human experience.

🇺🇸Due Process Forever!

PWS

12-11-22

⚖️ YOU’VE READ ABOUT HIM IN “ROLL CALL,” NOW’S  YOUR CHANCE TO “CATCH HIM IN ACTION!” — Professor Stephen Yale-Loehr (Cornell Law)  & Fellow Experts Charles Kamasaki (scholar/author) & Michelle Hackman (WSJ) Will Discuss Prospects For Immigration Reform in Free Webinar on Tuesday, Dec. 6, 2022 @ 1 PM EST!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law
Charles Kamasaki
Charles Kamasaki
Distinguished Visiting Immigration Scholar
Cornell Law
Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal

Immigration Reform: Might Past Be Prologue?

Tuesday, December 06, 2022, 1pm EST

Register now at https://ecornell.cornell.edu/keynotes/overview/K120622/

It’s been over 30 years since Congress enacted the most recent set of comprehensive immigration reforms: the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990. These bipartisan yet hotly contested bills passed only after a debate spanning five presidential administrations, eight congressional sessions, and painful compromises by all parties. Even then, both bills died on the House floor before being resurrected at the 11th hour.

Can lessons learned during the last round of reform be applied to future debates? Charles Kamasaki, author of “Immigration Reform: The Corpse That Will Not Die” (Mandel Vilar Press, 2019), thinks so. The book provides a history of how the 1980s-era reforms were enacted, along with a summary of developments since then. It concludes with seven lessons that advocates and lawmakers should consider in advancing future immigration reform.

Join us for a discussion with Mr. Kamasaki, Cornell Law School professor Steve Yale-Loehr, and Wall Street Journal immigration reporter Michelle Hackman about the prospects for immigration reform legislation in 2023.

If you can’t attend the webinar itself, you should still register at https://ecornell.cornell.edu/keynotes/overview/K120622/ so that you can get the recording afterward.

This webinar is cosponsored by the Cornell Migrations Initiative, the Cornell Law School Immigration Law and Policy Research Program, and Catholic Charities of Tompkins and Tioga Counties.

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

Don’t miss this great opportunity!

🇺🇸 Due Process Forever!

PWS

12-04-22

⚖️ “SIR JEFFREY” CHASE & CAMILA BUSTOS TAKE ON TOPIC OF CLIMATE REFUGEES IN LATEST “JUST SECURITY!”

Camila Bustos Clinical Supervisor in human rights practice at the University Network for Human Rights, Visiting Assistant Professor of Human Rights at Trinity College. PHOTO: Just Security

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

https://www.justsecurity.org/84092/tackling-climate-change-displacement-at-cop27/

As severe weather patterns intensify, climate change will continue to displace communities across the globe. The World Bank estimates that there could be more than 143 million people internally displaced by slow-onset disasters in Latin America, Sub-Saharan Africa, and Southeast Asia by 2050. Populations with the least capacity to respond and adapt to a changing climate are more likely to suffer from the worst impacts.

States have a responsibility to ensure that individuals displaced because of climate change impacts are treated with respect and dignity. Yet international law does not recognize climate displacement as a subject warranting special protection or status. The 1951 Refugee Convention only recognizes persecution on account of five protected grounds (nationality, race and ethnicity, political opinion, religion, or particular social group), leaving those fleeing environmental disasters under circumstances not attributable to those specified reasons without protection.

Despite the urgent need for action, governments have been slow in creating pathways to protect climate-displaced people. If anything, increasing militarized approaches to migration flows and national security rhetoric has permeated mainstream discourse on climate migration. Discussions about “economic migrants” and which groups are deserving of international protection distract from real solutions that can provide relief and uplift the dignity of individuals displaced by climate. Also concerning is the fact that authoritarian governments have leveraged the ongoing United Nations Climate Change Conference (COP27) to either greenwash their image or exclude environmental advocates from accessing the climate talks.

Although climate migration is not on its official agenda, COP27 offers an opportunity for international climate negotiators and advocates to tackle the issue in three ways: (1) promote changes in domestic legal frameworks that will protect internally displaced populations; (2) raise awareness of how existing legal protections under asylum frameworks intersect with climate change; and (3) guarantee climate finance pledges are met by mobilizing funds dedicated to adaptation and mitigation.

. . . .

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

Read Jeffrey’s and Camila’s article “at the link.” Another classic example of timely “practical scholarship” written in plain English and accessible to a wide range of readers.

It’s discouraging, but not surprisingly, that nations, including ours, wasting billions on gimmicks to AVOID their obligations under the existing, inadequate Geneva Refugee Convention and Protocol are not anxious to engage on the real effects of climate migration. But individuals facing death under sand or under water as our climate changes are NOT going to go quietly and submissively into the night. 

Nations, like ours, whose politicians think that power, cruelty, denial, and misinformation — the “head in the sand” approach — will win the future eventually must confront the realities of climate change and human migration whether they find it convenient and politically advantageous or not. On the other hand, those nations that are able to recognize both the power and inevitability of migration, and are smart enough to “go with the flow,” rather than futilely attempt to “dam it up” or divert it will eventually gain the upper hand.

🇺🇸Due Process Forever!

PWS

11-21-22

🇺🇸⚖️ “BEST INTERESTS OF THE CHILD” IS A WIDELY-ACCEPTED EMPIRICALLY- SUPPORTED CONCEPT OF AMERICAN LAW — BUT NOT @  GARLAND’S DYSFUNCTIONAL EOIR! — The “Gang of 4,” Lory, Rekha, Sue, & I, With “Practical Scholarship” On How & Why To Argue For 21st Century Jurisprudence In A System Too-Often Wedded To The Past!

Lory Rosenberg
Hon. Lory Diana Rosenberg
Senior Advisor
Immigrant Defenders Law Group, PLLC
Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS
Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Me
Me

Here it is “Time for a Child Welfare Approach to Cancellation of Removal:”

https://lnkd.in/gaDgHRD8

pastedGraphic.png

19110103h (1).pdf

drive.google.com

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

So honored to collaborate with my colleagues Lory, Sue, and Rekha on this. Grateful to AILA for publishing. This resulted from lively conversations and brainstorming when we served as faculty at the Immigration Trial College sponsored by Rekha’s firm in Kansas City in April 2022!

We all hope that this “practical scholarship” will give ideas to practitioners on how to argue for a “child centered approach.” That the BIA is one of the American authorities NOT following this better approach, supported by compelling empirical evidence, is a testament to how badly broken and in desperately needing reform our Immigration Courts are today. They aren’t going to change on their own. So, start arguing for a better approach, now!

There’s also some “insider BIA history” in here from those of us “expelled” for our aggressive, progressive judicial views on due process, fundamental fairness, and best practices! Namely, Lory and me!

🇺🇸Due Process Forever!

😎🗽⚖️👍🏼

PWS

11-16-22

🇺🇸⚖️🗽👩🏻‍⚖️ ROUND TABLE WEIGHS IN @ SUPREMES ON UNCONSTITUTIONAL VAGUENESS OF “CRIME INVOLVING MORAL TURPITUDE!” — With Lots of Help From Our Friends @ Georgetown Law Appellate Courts Immersion Clinic! — Daye v. Garland

Knightess
Knightess of the Round Table — “Primed and ready to keep fighting dysfunction @ EOIR until due process, fundamental fairness, best practices, and equal justice for all prevail!”

Introduction and Summary of Argument

This brief presents amici’s practical perspective on why the Immigration and Nationality Act’s provision for removal based on a conviction for a “crime involving moral turpitude” is void for vagueness. Section 1227(a)(2)(A) combines the imprecision of the phrase “moral turpitude” with the indeterminacy of applying that phrase to a hypothetical set of facts

1 Counsel of record for all parties received notice of amici’s intent to file this brief at least ten days before its due date. The parties have consented to this filing. No counsel for a party authored this brief in whole or in part, and no person other than amici or their counsel made a monetary contribution to the preparation or submission of this brief.

 

2

under the categorical approach. The result is a provision so vague that adjudicators cannot agree on how to conduct the inquiry and frequently reach inconsistent results.

The Act charges immigration judges with determining which crimes involve “moral turpitude.” Though the statute provides no definition, in 1951, this Court held that the “language conveys sufficiently definite warning as to the proscribed conduct.” Jordan v. De George, 341 U.S. 223, 231-32 (1951). But time has disproved that understanding. The usual “consistency [that] can be expected to emerge with the accretion of case law,” S.E.R.L. v. Att’y Gen., 894 F.3d 535, 550 (3d Cir. 2018), has not materialized. Indeed, the typical sources of clarity—the Board of Immigration Appeals and the courts of appeals—have produced more questions than answers. Whose morals matter? How should judges discern what those morals are? What course should judges follow when moral views conflict? How do they account for changes in views over time? Immigration judges have no way to know. And the uncertainty that the statute’s vague words create left amici with no guide except their own moral intuitions.

To this ambiguity, add that, under the categorical approach, immigration judges do not evaluate the actual conduct engaged in by the noncitizen before them. Instead, they must assess the moral implications of a theoretical set of facts—the “least culpable” means of committing the crime in question. The hypothetical nature of this mode of analysis exacerbates the underlying vagueness of the statutory phrase “crime involving moral turpitude.”

3

Recently, this Court has struck down statutory provisions that suffered from analogous uncertainty, holding each unconstitutionally vague. See Johnson v. United States, 576 U.S. 591 (2015); Sessions v. Dimaya, 138 S. Ct. 1204 (2018); United States v. Davis, 139 S. Ct. 2319 (2019). Section 1227(a)(2)(A) should suffer the same fate.

The real-world effects of Section 1227(a)(2)(A)’s vagueness confirm this conclusion. Attempts to curtail the provision’s arbitrariness by articulating standards have failed. The Board and the courts of appeals have repeatedly but unsuccessfully tried to craft a workable set of rules for identifying which crimes involve moral turpitude. Their efforts have instead produced a series of non-dispositive, ad hoc tests that generate inconsistent and arbitrary results. Confusion abounds in immigration courts and in Article III courts alike, with widespread disagreement over whether a given crime involves moral turpitude. Among other unexplainable outcomes, the courts of appeals part ways on whether crimes such as making a terroristic threat or deceptively using a social security number involve moral turpitude. Amici were required to sort through this morass, unsure of which of the growing list of ad hoc tests applied or how to deal with the conflicting results. Their experiences confirm that the phrase “moral turpitude” is too vague to govern the “particularly severe ‘penalty’” of removal. Padilla v. Kentucky, 559 U.S. 356, 365 (2010) (quoting Fong Yue Ting v. United States, 149 U.S. 698, 740 (1893)).

For these reasons, this Court should grant review and reverse.

Read the complete brief here:

Daye Amicus Brief To File 11.14.22

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

For over 70 years, Federal Judges from the Supremes on down have turned a “blind eye” to our Constitution and substituted their subjective views on morality and immigrants for the rule of law. Our Round Table says it’s high time to stop! ⚔️🛡

Madeline Meth
Madeline Meth ESQUIRE
Deputy Director and Staff Attorney – Georgetown Law Appellate Courts Immersion Clinic
PHOTO: Linkedin — “She’s training tomorrow’s lawyers to fix today’s failing courts!“

Thanks again to the superstars Esthena L. Barlow, Brian Wolfman, Counsel of Record Madeline Meth, and the rest of the “Youth Brigade of the NDPA” over @ Georgetown Law!

🇺🇸 Due Process Forever!

PWS

11-16-22

⚖️ THE GIBSON REPORT — 11-07-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — HEADLINERS: Analysts Agree: Immigrants Are “Political Toast” Regardless of Midterms’ Outcome — Neither Party Sees Legal Immigration, Human Rights, Rule of Law, Racial Justice As “Electoral Winners!” — Garland’s DOJ “On A Roll” In Courts Of Appeal, Snuffing Asylum Claims in 2d (2x), 3rd, 8th, & 9th Circuits!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

NEWS

 

Analysts Don’t Expect Significant Changes in Immigration Policy After the Midterms

VOA: The three analysts said that no one is willing to form a framework to write immigration legislation because they do not see an electoral advantage. See also Democrats Twist and Turn on Immigration as Republicans Attack in Waves; Canada plans record immigration targets amid labour crunch.

 

Attention Travelers: New Rules Will Require More Caution When Entering USA

Forbes: Evidently, USCBP is eliminating the passport entry stamp to streamline the entry process. So now, foreign nationals will only have access to the Form I-94 website as proof of their lawful immigration status.

 

Abrupt New Border Expulsions Split Venezuelan Families

NYT: The decision to expel Venezuelans under a pandemic-era policy that allows swift expulsions, previously applied mainly to Mexicans and Central Americans, has had the unintended effect of trapping many Venezuelan families on opposite sides of the U.S.-Mexico border. See also Tougher US Asylum Laws Trigger Drop in Venezuelan Migrants Traveling Through Panama; Migrants Encounter ‘Chaos and Confusion’ in New York Immigration Courts; Nearly 500 Venezuelans admitted to U.S., thousands approved via new plan.

Accounts of migrants’ documents being confiscated by border officials prompt federal review

CBS: The department confirmed the review when asked to respond to accounts from migrants who told “60 Minutes” that U.S. Customs and Border Protection (CBP) officials along the U.S.-Mexico border kept their documents, despite agency policy instructing agents to return migrants’ personal property unless they are fraudulent.

 

130+ Civil Rights Groups Call On President Biden To Include Immigrants In Pardon Process

NIJC: More than 130 immigration, criminal justice, and civil rights organizations released a letter today urging the Biden administration to include immigrants in the pardon process.

 

Over 100 Orgs Want Visits For Detained Immigrants Restored

Law360: More than 100 immigrant rights organizations are urging the Biden administration to fully reinstate visitation at immigration detention facilities, saying in a Thursday letter that visitation is crucial for detainees’ mental health and monitoring human rights violations.

 

ACLU condemns Texas Border Patrol agents’ use of pepper balls against protesting migrants

SA Current: The ACLU is condemning the actions of U.S. Customs and Border Protection agents allegedly caught on video firing pepper balls at a group of Venezuelan migrants protesting along the banks of the Rio Grande River near El Paso.

 

LITIGATION & AGENCY UPDATES

 

2nd Circ. Won’t Review Honduran Man, Son’s Asylum Request

Law360: The Second Circuit on Wednesday declined to review a decision denying an asylum application from a Honduran man and his son who claim they will be killed by gang members if they return home, finding the Board of Immigration Appeals properly reviewed the immigration judge’s decision.

 

2nd Circ. Won’t Revive Ecuadorian’s Asylum Bid

Law360: The Second Circuit on Tuesday backed the U.S. Board of Immigration Appeal’s decision to apply a persecution motive standard used in asylum requests to an Ecuadorian’s withholding of removal request, saying it was reasonable for the agency to do so.

 

3rd Circ. Nixes Asylum Over Evangelical Christianity Link

Law360: The Third Circuit on Tuesday knocked down a Guatemalan man’s asylum bid after concluding he failed to back up his fears of violence in the Central American nation based on gang recruitment efforts and his rejection of gangs due to his evangelical Christian faith.

 

8th Circ. Denies Family’s Asylum Bid Over Gang Fears

Law360: The Eighth Circuit has upheld a Board of Immigration Appeals ruling that denied a family asylum based on alleged gang threats for lack of evidence that the government of El Salvador could not or would not protect them.

 

9th Circ. Upholds Ruling Denying Bisexual Man Asylum

Law360: A Mexican citizen who said police and criminal gangs would torture him for being bisexual and suffering from mental illness if he is deported a third time

 

9th Circ. Backs Juvenile Immigrant Adjudication Deadline

Law360: The Ninth Circuit on Thursday backed an order requiring U.S. Citizenship and Immigration Services to adjudicate Special Immigrant Juvenile petitions within 180 days, rejecting the government’s argument that a lower court relied on “stale evidence” and disregarded hardship considerations.

 

States Cry Foul Over Steep Drop In Title 42 Haitian Expulsions

Law360: Republican state attorneys general accused the Biden administration of violating an injunction requiring it to repel migrants from the border under pandemic-era restrictions, saying a sharp drop in Haitian expulsions indicated the administration was selectively lifting the so-called Title 42 border block.

 

DHS Begins Limited Implementation of DACA Final Rule

AILA: On 10/31/22, DHS began limited implementation of the DACA final rule. USCIS will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to litigation, USCIS will accept but cannot process initial DACA requests.

 

EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B

AILA: EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 12/5/22. (87 FR 66326, 11/3/22)

 

EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31A

AILA: EOIR 30-day notice-and-comment period for proposed revisions to Form EOIR-31A, which allows an organization to seek accreditation or renewal of accreditation of a non-attorney representative to appear before EOIR and/or DHS. Comments are due by 12/5/22.

 

CIS Ombudsman Introduces Revised Form for Requesting Case Assistance

AILA: The CIS Ombudsman’s Office updated the DHS Form 7001, Request for Case Assistance, used for requesting case assistance.

 

RESOURCES

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Supposedly, the main political issues right now are the economy and inflation. But, the economy and inflation are largely determined by the Fed, markets, global conditions, weather, and a certain amount of pure luck — all things beyond the direct control of the political branches of the USG.  

As mentioned by Chuck Todd on last Sunday’s NBC “Meet the Press,” many experts say that the most effective tool that the Administration and Congress have to improve the economy without triggering a recession is to increase legal immigration — sooner rather than later. But, neither party is interested. The GOP sees an anti-immigrant stance as a key to political success. And, the Dems are “actively disinterested” in the issue. So, the opportunity passes.

But, the reality is that, in the long run, no amount of shipping containers, walls, prisons, family separations, deportations, exclusions to death or despair, hate rhetoric, or restrictive legal roadblocks will halt the future flow of human migration, and not incidentally, the internal relocation in America as certain areas become “unlivable.” 

According to a government report published in today’s Washington Post:

 The U.S. can expect more forced migration and displacement

Already, the authors of Monday’s report said, major storms such as Hurricane Maria, as well as extended droughts that strained lives and livelihoods, have led people to leave their homes in search of more-stable places.

In the hotter world that lies ahead, they write, additional climate impacts — along with other factors such as the housing market, job trends and pandemics — are expected to increasingly influence migration patterns.

“More severe wildfires in California, sea level rise in Florida, and more frequent flooding in Texas are expected to displace millions of people, while climate-driven economic changes abroad continue to increase the rate of emigration to the United States,” the report finds.

Such shifts are inherently complicated and fraught.

Several Indigenous tribes in coastal regions, facing fast-rising seas, have already sought government help to relocate, but have struggled to do so without significant hurdles.

“Forced migrations and displacements disrupt social networks, decrease housing security, and exacerbate grief, anxiety and mental health outcomes,” the authors write.

https://www.washingtonpost.com/climate-environment/2022/11/07/cop27-climate-change-report-us/

Neither political party appears serious about addressing these migration realities — already underway. The ideas that we can wall ourselves off, invest in “sending countries,” detain, and deport our way out of migration are not  “solutions.”  

Failure to act boldly and expansively on legal immigration will create a huge class of exploitable, disenfranchised, extralegal residents and plenty of work for border agents, internal police, righty judges, and jailers. It will also be a huge boon to smugglers and cartels who basically will “own” the American migration franchise. But, in the long run, building a large “underground humanity” won’t be enough to offset the “downside” of lacking a robust, realistic, orderly, legal immigration process.

Eventually, those nation-states that figure out how to harness, welcome, and distribute the power of human migration will rule the future. Right now, America’s leaders, of both parties, seem wedded to a “sure to fail” approach of either opposing or ignoring the realities and unlimited potential of human migration. Too bad — for all of us!

🇺🇸 Due Process Forever!

PWS

11-08-22

⚖️🪦 “REQUIEM FOR A HEAVYWEIGHT” — Farewell To The Arlington Immigration Court

Arlington Judges
It wasn’t “Camelot,” as you can clearly see from this picture taken on the day of my retirement, June 30, 2016. No “Arthurs, Guineveres, or Lancelots” in this shot! But, the Arlington Immigration Court did its best to bring a modicum of due process, fundamental fairness, justice, and respect to those passing before it. Not perfect, by any means. But I was glad to be there and be “part of the team” for 13 years!

⚖️🪦 “REQUIEM FOR A HEAVYWEIGHT” — Farewell To The Arlington Immigration Court

By Paul Wickham Schmidt

Courtside Exclusive

Nov. 7, 2022

It was my “professional home” for the final 13 years of my career, until I retired in 2016. The Arlington Immigration Court was “born in controversy” decades ago when the Immigration Courts abandoned the sole outpost in the District Colombia and moved across the Potomac River to Northern Virginia. For many years thereafter, its internal acronym remained “WAS,” and mail and record files intended for the Seattle Immigration Court in the “State of Washington” periodically were misrouted to WAS, and vice versa.

Over the years, it grew from a single Immigration Judge — the legendary trail-blazer Judge Joan Churchill — to a judicial cast in the double digits. It outgrew always-inadequate space several times, reaching “the final resting place” on Bell Street in National Landing (née “Crystal City”) in 2012. It was combined and uncombined with the nearby “Headquarters Immigration Court.” At various times, Arlington Judges had regular jurisdiction over such far-flung locations as Cleveland, Cincinnati, Buffalo, Puerto Rico, and the USVI!

To be sure, Arlington had its share of tragedies, scandals, screw-ups, and nonsense. When located in the misnamed “penthouse” — a/k/a the top floor of the Ballston Metro Center — there were NO PUBLIC RESTROOMS — undoubtedly a violation of various Federal and local rules and an act of gross inhumanity to mankind by the chronically inept “powers that be” at EOIR “Headquarters” in Falls Church. Obviously, there were also no “10-minute recesses,” as attorneys and clients — old, young, handicapped, mobile or immobile, fit or unfit  — were required to take the elevator to the lobby and fan out to various coffee shops and restaurants in the neighborhood to seek “relief from injustice and inconsideration.” 

But, I like to think that the cause of justice was sometimes served at Starbucks, in the corridors, the elevator lobby, or on the surrounding streets during these interludes. On some happy occasions, counsel returned from these “extended recesses”with joint solutions to the case that might not previously have occurred to them, or to me. 

On several occasions, the Arlington Fire Marshals closed us down for overcrowding! Toward the end of of our tenancy at Ballston, I inherited the sole “courtroom with a window.” I sometimes quipped that by craning my neck, I could see all the phases of my EOIR career from there: my past (the notorious “EOIR Tower in Falls Church”); my present (the humanity before me in my courtroom); and my future (“The Jefferson” Retirement Home across the square).

But, Arlington also was a place of general and genuine camaraderie: Where judges, Government attorneys, private attorneys, interpreters, and staff worked together as a team to bring practical, efficient, justice to those individuals appearing before the court and the many beyond that whose lives and fates were tied up in theirs. Indeed, of the various places I worked and visited in EOIR, it most reflected the values that have always been important to me: Fairness, scholarship, timeliness, respect, and teamwork. 

Those “Thursday Judicial Lunches” and the famous or infamous “Seersucker Thursdays” helped model the spirit of teamwork and camaraderie. Indeed, my judicial career ended on June 30, 2016 — not incidentally, my final “Seersucker Thursday.” (I did, however, “carry on the tradition when teaching at Georgetown Law each June thereafter — until COVID and the “Zoom-era” struck!)

It was also a “showcase court” — or as close an approximation of one as EOIR had at the time. Because of the location in the DMV area, a steady stream of politicos, senior managers, journalists, Congressional Committee staff, professors, DOJ attorneys, USCIS adjudicators, statisticians, demographers, and the like passed through Arlington’s cramped confines and sat on some of the world’s most uncomfortable pews (some interns actually brought “stadium cushions”) to observe the “real life drama” of Immigration Court.

Also, as then Chief Judge Michael Creppy accurately told me at the time of my 2003 reassignment, Arlington was a “teaching court.” Generations of outstanding student attorneys from local law school clinics, “Big Law” associates, and newly-minted immigration practitioners “learned the ropes” in our cramped and chronically over-or under-heated courtrooms.  (Immigration Judges were deemed “not qualified” to adjust courtroom thermostats. We had to call on the Court Administrator or the Security Guard to exercise that higher-level responsibility. I actually used to get “joint oral motions” from counsel to raise my courtroom temperature when we were in Ballston!)

And, Arlington Judges were known for their willingness to  engage in “educational dialogue” with the parties and observers at the conclusion of the case. Of course, the “merits” of cases were “off limits.” But, it was a terrific opportunity to share information about procedures, practices, and to convey “judicial expectations” to those eager to learn more. Memorably, Judge Wayne Iskra’s totally accurate and painfully obvious remark that “the system is broken” seemed to go above and beyond what our “handlers” in Falls Church deemed appropriate!

Notably, a large number of “Arlington alums” are now themselves in key positions, as judges, government officials, NGO leaders, law firm founders and partners, academics, scholarly commentators, or media figures. Arlington interns and judicial law clerks have also gone on to distinguish themselves. For better or worse, hopefully the former, Arlington had “influence” that went beyond its “utilitarian wannabe to shabby” physical confines. 

It was also a place of hope. That might have been why for years we had a negligible “no show” rate for individual hearings. For a number of years, from 2010 to the “advent of Trump,’” it was among the “league leaders” in asylum grants and favorable outcomes for individuals. This was in an age where the overall system and many of the attitudes of DOJ politicos who had authority over the Immigration Courts were relatively unsympathetic to asylum seekers, particularly those arriving at our southern land border or by boat!

A “colorful cast of characters” passed through the Arlington bench. Some were “up and comers” — on their way to “fame and fortune” in the EOIR hierarchy or beyond.

Others of us were exiles or refugees from “The Tower” or Senior Executive positions elsewhere at so-called “Main Justice” or “other government agencies.” At various points during my 13-year tenure, the following were “in residence” at Arlington: former Acting Commissioner of the “Legacy INS;” former INS General Counsel; former BIA Chair; former BIA Members and “Temporary BIA Members;” former Acting INS General Counsel; former INS Deputy General Counsel; Former Principal Deputy Director, International Section of the DOJ; former Principal Deputy Chief Immigration Judge, two-time former Chief Trial Judge of the U.S. Army; former Acting Chief Immigration Judges; former Acting EOIR Director; former Assistant Chief Immigration Judges; former “Brooks Bros Rioter;” former Partner at Jones Day; former Managing Partner of the DC Office of Fragomen; past President of the National Association of Immigration Judges; founder and first President of the BIA Employees Union; former Chief Counsel to the Senate Subcommittee on Criminal Justice; (briefly) former EOIR General Counsel and Deputy General; former Associate Counsel at the White House Domestic Policy Council; former Assistant to the Deputy Attorney General; Adjunct Professor and former Adjunct Professors at Georgetown Law, George Mason Law, and UVA Law.  That’s just what I can remember; I’m sure I’ve overlooked some.  A few “legitimate celebs” passed through our doors, including Angela Jolie who was a witness in one case!

To be sure, those of us “on the way down the government food chain” or those voluntarily fleeing it far outnumbered those slated to move “up the ladder.” Of course, Arlington wasn’t above criticism. Too old, too White, too male, too many “bureaucratic retreads” to accurately reflect the diverse nature of both the “customers” and the legal community in the DMV area. I won’t deny that there was some validity to those observations. 

But, we “were what we were” — the choices that led to our composition at any one time were “above our pay grade.” Heck, I didn’t even apply for the job!

I think all of us did our best to compensate for or “work around” our undoubted “blind spots.” Whether we were successful is for others to decide. As a group, regardless of gender, we all consciously tried to avoid the “grumpy old men” appellation attached to some Immigration Courts of that era. 

On October 14, 2022, the Arlington Immigration Court passed into history. Its judges, staff, cases, and the lives they affect scattered, in a tidal wave of “Aimless Docket Reshuffling,” among the newly-established Sterling and Annandale Immigration Courts and the Falls Church and Richmond “Immigration Adjudication Centers.” The latter are apparently part of the current “vision “ of “migrating” EOIR back to its “INS roots” of yore by “emulating” the impersonality of USCIS “Service Centers” — while reportedly providing a level of “customer service” significantly below that which would make USCIS blush!

So, it’s a final farewell to Arlington. But, I will always remain grateful for the time I spent there, for the colleagues I worked with, for those who came before me and helped enlighten me in court, and for those whose lives and futures were entrusted to my care.

Due Process Forever!

PWS

11-07-22

THE GIBSON REPORT — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — HEADLINER: Biden Administration Hatches Plans To Dump On Haitian Refugees; Abuses Of Black Detainees; Stranded Venezuelans — Once In Office, The Biden-Harris Racial & Immigrant Justice Campaign “Talk Doesn’t Walk!” 🤬

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

PRACTICAL UPDATES

 

New I-765 and I-589 are mandatory starting next week: Starting Nov. 7, 2022, USCIS will only accept the 07/26/22 editions.

 

NEWS

 

With a possible surge of Haitian migrants ahead, the Biden admin is weighing holding them in a third country or at Guantánamo

NBC: The Biden administration is weighing options to respond to what could soon be a mass exodus of migrants from Haiti, including temporarily holding migrants in a third country or expanding capacity at an existing facility at the U.S. prison at Guantánamo Bay, Cuba, according to two U.S. officials and an internal planning document reviewed by NBC News.

 

Thousands of Venezuelans are stranded in Mexico after the U.S. shut doors to them

NPR: Tens of thousands of Venezuelans are stranded south of the U.S.-Mexico border. The U.S. recently shut the door to them and is returning most Venezuelans who arrive seeking asylum to Mexico. See also Venezuelans struggle with new reality in Tijuana after expulsions from United States.

 

At least 853 migrants died crossing the U.S.-Mexico border in past 12 months — a record high

CBS: The figure, which far exceeded the previous record of 546 migrant deaths recorded by Border Patrol in fiscal year 2021, is likely an undercount due to data collection limits, migration policy analysts said.

Report: Abuse reports by Black immigrant detainees are disproportionately high

LA Times: After analyzing the records of nearly 17,000 calls between 2016 and 2021 from its national immigrant detention hotline, Freedom for Immigrants released a report Wednesday that it and other advocacy groups say indicates a pattern of racism and abuse toward Black migrants.

 

Hundreds of Thousands at Imminent Risk of Deportation and Family Separation After Negotiations in Ramos v. Mayorkas Collapse

ACLU: After 16 months of negotiations, settlement talks between the Biden administration and plaintiffs in Ramos v. Mayorkas officially collapsed yesterday afternoon, leaving more than 260,000 people at risk of deportation. Beneficiaries of Temporary Protected Status (TPS) and their US citizen children first brought the lawsuit in 2018 after Trump revoked protections for individuals from El Salvador, Haiti, Nicaragua, Sudan, and later for Nepal and Honduras.

 

U.S. removes Trump-era barriers to citizenship-test waivers for disabled immigrants

NPR: After months of public feedback, the federal agency has shortened and simplified its disability waiver, which is used to exempt immigrants with physical, mental or learning disabilities from the English and civics test requirements.

 

Arizona Gov. Doug Ducey Defies Biden With Border Wall Made of Shipping Containers

Intercept: On Monday, Gov. Doug Ducey began dropping the first of thousands of shipping containers along a 10-mile stretch of national forest in open defiance of federal authorities. In the days since, the Republican governor has transformed a remote section of rugged desert into what looks like a junkyard.

 

Poll finds broad support in battleground states for legalizing unauthorized immigrants

CBS: Seventy-three percent of surveyed voters in Arizona, Georgia, Nevada, Pennsylvania and Wisconsin said they backed giving immigrants living in the U.S. without legal permission an opportunity to “earn” lawful status and ultimately citizenship if they meet certain requirements, including passing background checks.

 

The Migrant Crisis, Eric Adams and Politics 101

NYT: Adams said he’s hopeful that changes President Biden recently announced to federal immigration policy could help reduce the flow of migrants to New York. See also Migrant crisis is ultimate test of NYC schools; Asylum seekers facing legal challenges.

 

LITIGATION & AGENCY UPDATES

 

9th Circ. Says It Can’t Hear Salvadoran’s ‘Transit Bar’ Case

Law360: A split Ninth Circuit declined to revive the asylum bid of a Salvadoran man ordered deported after traveling through Guatemala and Mexico before entering the U.S., saying its hands were tied when it came to reviewing expedited removal orders.

 

Split 9th Circ. Orders New Look At Guatemalan’s Torture Claim

Law360: A split Ninth Circuit has ordered the U.S. Board of Immigration Appeals to reconsider a Guatemalan man’s deportation relief bid, saying the agency wrongly ruled out government acquiescence in the man’s account of being tortured by Guatemalan police officers.

 

10th Circ. Declines Review Of 1999 Deportation Order

Law360: The Tenth Circuit declined to review a former conditional green card holder’s challenge of a 1999 deportation order, saying his chances of tossing the decades-long order stopped at the immigration courts due to his unlawful reentries into the U.S.

 

USCIS Retracts T Visa Denial After Judge’s Rebuke

Law360: U.S. Citizenship and Immigration Services approved a Mexican woman’s application for a T visa, designated for sex trafficking victims, after an Illinois federal judge faulted the agency’s earlier refusal to accept an immigration judge’s waiver of inadmissibility, the woman said.

 

Juvenile Migrants Differ From Trafficking Victims, Judge Says

Law360: A California federal judge tossed an equal protection claim brought by young immigrants who were abused or neglected by their parents, dismissing on Wednesday their argument that the government was unfairly treating them differently from trafficking victims in doling out work authorization.

 

Florida judge orders DeSantis to hand over migrant flights records

Politico: The governor’s office did not immediately respond to a request for comment, but lawyers representing the Florida Center for Government Accountability said they anticipated there would be an appeal.

 

Mastermind behind massive marriage fraud conspiracy sentenced to 10 years in prison

ICE: The organization was responsible for organizing well over 500 sham marriages in exchange for substantial amounts of money solely for the alien beneficiary to obtain immigration benefits.

 

Senate Dems Seek To Expand Haitian Deportation Shield

Law360: Senate Democrats called on the Biden administration to broaden Haitian immigration protections to cover Haitians who have fled political and economic turmoil over the past year, saying Wednesday that conditions in Haiti have only worsened since the administration last offered relief

 

EOIR Announces 32 New Immigration Judges

EOIR: The Executive Office for Immigration Review (EOIR) announced the appointment of 32 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia.

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

When all else fails, picking on vulnerable Black Haitian refugees is always a popular way to buff up your “restrictionist creds” for Administrations of both parties. But, the GOP already has the White Nationalist/nativist vote locked up. So, what the Biden folks hope to get by throwing Haitians “under the bus” and driving back and forth over their bodies is a mystery to me. 

Despite the gratuitous abuses heaped on Haitians by the USG and White Nationalist pols like Trump over the years, and the overall indifference of the Dems, Haitians are one of the most successful and well-assimilated immigrant groups in America. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjYiZXSk437AhXpLFkFHV09AWIQFnoECA8QAQ&url=https://www.cato.org/blog/haitians-assimilate-well-united-states&usg=AOvVaw2iOnJGCn89Lr7und5Cho6S

They are also the second largest political group among Black immigrants, following Jamaicans. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjYiZXSk437AhXpLFkFHV09AWIQFnoECCEQAQ&url=https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/07/20/haitian-americans-come-of-age-politically&usg=AOvVaw2iv_ZCo_fQAjBZT3qSLQgA

Hey, I’m only a retired Immigration Judge, not a political wonk. But, I can’t see what Biden and Harris stand to gain with their cruel, anti-Haitian policies. 

Why not set up viable refugee programs in Haiti, as we did for Cubans, if we don’t want more refugees taking to the sea in leaky boats? Why not prioritize immigrant visa processing for qualified immigrants from Haiti, Cuba, Venezuela, the Northern Triangle, and other Western Hemisphere countries? Migration from these nations to the U.S. is a reality that benefits both the migrants and our nation. Why not use the tools at hand to channel legal immigration rather than flailing around with questionable built to fail “deterrents.” 

🇺🇸Due Process Forever!

PWS

11-01-22

⚖️ “BRAVING THE WILDERNESS: HOLDING HANDS WITH STRANGERS” — A Timely Sermon About Promoting Justice & Resisting Bigotry — By Steven A. Honley

Steven A. Honley
Steven A.Honley
Director of Music
Beverley Hills Community United Methodist Church
Alexandria, VA
PHOTO: afsa.org

October 23, 2022                 Twentieth Sunday after Pentecost         10:00 AM

Scripture Lesson: Matthew 25:31-40

Sermon: “Braving the Wilderness: Holding Hands with Strangers”

 

When Pastor Deborah asked me to preach today, I was honored as always to accept her gracious invitation. But I have to tell you: This has ended up being one of the most challenging sermons to write that I’ve given in my 28 years at Beverley Hills, for several reasons.

The first challenge stems from the fact that I had never read anything by Brené Brown until now. In fact, I first heard of her just a few months ago, when her name popped up on a Canadian situation comedy, “The Lake,” that I streamed on Amazon Prime.

The next problem: I have never been a fan of self-help books, though I enjoyed reading this one. And I found a lot of Brown’s observations sensible, if sometimes obvious.

The title of this morning’s topic was yet another hurdle. Most of you will probably not be surprised to hear me confess that the very idea of holding hands with strangers gives me the willies. Frankly, I’m not even wild about holding hands with friends! But duty calls.

Finally, it turns me off when authors strive to come across as “spiritual” rather than religious. You won’t find any Bible verses in Braving the Wilderness, and only passing references to Christianity. What I find most frustrating about that approach is that it appears Brené Brown and I have had similar journeys, moving from Southern-fried fundamentalism to a more inclusive faith. So I would have liked to hear more about that!

To be blunt, Braving the Wilderness is only incidentally a book about faith. But as you’ve been hearing—and I hope you’ll hear again today—it still has some useful things to say to us about becoming an even more welcoming faith community. And in that respect, I admire the way Pastor Deborah has adapted Brown’s thoughts for our current sermon series, both by focusing on the themes in various chapters each week and finding Scripture passages to go with them.

All of which brings me to today’s topic, “Holding Hands with Strangers.”

********

In today’s Gospel passage—surely one of the most memorable of our Lord’s parables—Jesus describes two groups of people. The first group, the sheep, have done God’s will by ministering to strangers: feeding the hungry, giving water to the thirsty, clothing the naked, and visiting those who are sick or in prison. The king in the story informs these servants of his pleasure at their virtuous conduct on his behalf, which shocks the sheep. They had literally no idea they’d done anything out of the ordinary, let alone done something for royalty. So they ask: “When did we do that for you?” And he answers: “Inasmuch as you have done it to the least of these, you have done it unto me.”

Matthew does not record what, if anything, they said when the king explains that, but I imagine “O my God, what if I hadn’t done that?” figured pretty prominently in their thoughts.

We didn’t hear the goats’ story read today, but you know how that part of the story goes. They saw the same strangers as the sheep did, but did nothing to help them.

Now, I have a hunch that only some of the goats were callous, intentionally withholding their

assistance from the needy because they regarded them as unworthy. The rest were just preoccupied with their own troubles, or feared they wouldn’t have enough resources for their own families if they gave away food and clothing to mere strangers. Some may genuinely have believed that someone else would take care of feeding the hungry and performing other good works.

Whatever the reasons for each goat’s indifference and apathy, the core issue is that they failed to recognize the people they encountered as people: members of their own community. As Desmond Tutu once observed: “We’re not our brother’s keeper; we’re our brother’s brother.”

Beverley Hills Community United Methodist Church has a long tradition of acting on that understanding. We don’t just write checks, either, valuable as that is. No, many of you are hands-on participants at Carpenter’s Shelter and ALIVE and Casa Chirilagua and many other worthy organizations. You literally hold hands with strangers!

********

Speaking of which: I can’t honestly say I found much of Brown’s chapter on this topic helpful. She devotes a lot of it to the idea of experiencing community at soccer games and rock concerts and funerals, and even goes so far as to talk about “football as religion.”

She doesn’t mean that literally, of course, but she really does seem to believe that the wave of emotion a stadium full of fans feels is not just a momentary rush of adrenaline, but something more profound. Maybe I’d buy that claim if I’d ever felt it for myself, but I haven’t—so I don’t.

Happily, just when I was about to give up on finding any inspiration in this chapter, Brown talks about a concept she calls “common enemy intimacy.” Or, as the old saying goes, “The enemy of my enemy is my friend.”

Brown cites one of my favorite quotes to introduce this section of the chapter: “If you don’t have something nice to say about someone, come sit by me!” That saying, generally attributed to Alice Roosevelt Longworth, expresses something universal. Most of us love to gossip about someone, especially if they’re all high and mighty and could stand to be taken down a few pegs.

But the problem, as Brown notes, is that there is no adhesiveness to such a bond. If all two people have in common is their mutual dislike of a third, then their “friendship” is phony. And as such, it can’t sustain a more meaningful relationship, let alone build community.

From there, common enemy intimacy snowballs into tribalism, which dehumanizes not just individuals but whole groups. And because there is nothing keeping such a group cohesive except fear and hatred, its leaders must keep fueling the fire with ever more polarizing rhetoric that attacks anyone not in the group.

********

Sadly, we see the evidence of the breakdown of community all around us. So what can we do as Christians to bring about reconciliation and healing?

Alas, I have no sweeping answers to that question. But I will offer this recommendation: We should speak out, both as individuals and as a church, against the bullying and abuse so many of our politicians and faith leaders are advocating. And I’m not talking about generic hand-wringing, either. We should be naming names, and making clear that those who invoke God as they persecute sexual minorities and the powerless are not honoring Christ in the process.

Now, some of you are probably thinking, “Wait a minute! What about turning the other cheek? Aren’t we supposed to be peacemakers?”

Yes, of course we are. But I would respectfully point out that our Lord did not mince words when he confronted the religious authorities of his day, who followed the letter of the law but not its spirit.

In Luke 11, Jesus declares: “Now, you Pharisees cleanse the outside of the cup and of the dish, but inside you are full of extortion and wickedness. You fools! Did not he who made the outside make the inside also? … Woe to you Pharisees! For you tithe mint and rue and every herb, and neglect justice and the love of God; those you ought to have done, without neglecting the others. Woe to you Pharisees! For you love the best seat in the synagogues and salutations in the marketplaces. Woe to you! For you are like graves which are not seen, and men walk over them without knowing it.”

Pretty harsh, right? But Jesus was following a long prophetic tradition that stretches all the way back to Moses warning the pharaoh of the dire consequences if he didn’t let the Israelites go. Elijah and Elisha and Isaiah and Jeremiah all denounced the kings of Israel for their failure to rule justly.

Nor did our Lord stop at speaking truth to power. He took matters into his own hands on one memorable occasion, Matthew 21 tells us. Just days before his death, “Jesus entered the temple courts and drove out all who were buying and selling there. He overturned the tables of the money changers and the benches of those selling doves. And He declared to them, “It is written: ‘My house will be called a house of prayer.’ But you are making it ‘a den of robbers.’”

I have always detested the saying “Hate the sin, love the sinner.” As a gay man, I’ve heard that a lot over the years, and in practice, what it actually means is: Hate the sin and marginalize the sinner. So let me be clear: I am not advocating that we sink to the level of those who promote so-called “Christian Nationalism,” by declaring them evil and beyond redemption.

But we do have a solemn charge to resist those who are working to flout democratic norms and rend our social fabric, under the pretext of making America a “Christian nation.” Our faith commands us to defend all those whom politicians target and exploit for who they are; for whom they love; for what deity they believe in or don’t; for the color of their skin; for the language they speak; or where they came from. As I John 4 tells us: “If anyone says, ‘I love God,’ and hates his brother, he is a liar; for he who does not love his brother whom he has seen cannot love God whom he has not seen. And this commandment we have from him, that he who loves God should love his brother also.”

Back in January, on the first anniversary of the Jan. 6 insurrection, Washington National Cathedral hosted an online conversation between Jon Meachum, the Pulitzer Prize-winning historian and journalist, and the Episcopal Church’s presiding bishop, Michael Curry. If you watched the wedding of Prince Harry and Meghan Markel a few years back, you saw and heard Bishop Curry in action; hold that image in your mind while I share a few excerpts from that dialogue.

Bishop Curry begins his remarks by referencing all the stories about Jesus and his disciples huddled on a boat at night in turbulent waters. There’s no artificial light, just the moon and stars, so we can certainly understand why the men are terrified.

In one of those stories, Peter sees Jesus walking on the water in the midst of the storm. Impetuous as always, he jumps out of the boat and starts walking toward him. Peter’s doing OK until he lets his fear of the storm take his focus off Jesus, at which point he immediately starts sinking. Curry draws this parallel to our situation:

“We must not shift our focus from becoming the true democracy—a multiracial, multiethnic, plural, holistic democracy—which is that shining ‘city on a hill.’ We must not shift from that vision of who we can be by focusing only on the storms that are in our midst, because the storms will consume us. They will consume our perception. And eventually, we’ll believe that’s all there is—lightning, thunder and the roll of the water—instead of the possibility of becoming that city on the hill.

Bishop Curry continues: “It’s midnight in the hour of this democracy. We will determine what we will do with that moment. It’s a moment of decision, and we must decide: Will we be E Pluribus Unum? Will we truly become, from many diverse peoples, one nation indivisible, with liberty and justice—not just for some, but for all?”

The full title of Brené Brown’s book is: Braving the Wilderness: The Quest for True Belonging and the Courage to Stand Alone. Even in a state somewhere between purple and light blue, and a fairly liberal city, it still takes real courage for us to denounce racism and misogyny, homophobia and transphobia, and every other form of bigotry, and to resist those who would enshrine those evils in our laws.

But that is how we can hold hands with strangers, and help them belong. In the process, we will truly live up to the words we recite at the end of each service at Beverley Hills: “Our mission is to welcome all people as they are, to grow together in Christian faith and fellowship, and to share Christ-like love in word and deed.” Amen.

Republished by permission.

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

My friend Steven A. Honley is the Director of Music at the Beverley Hills Community Methodist Church in Alexandria, Virginia, A Reconciling Congregation, where my wife Cathy and I are members. He is a retired Foreign Service Officer and former Editor-in-Chief of the Foreign Service Journal (2001-14). Steve is a frequent contributor to the Washington Post’s “Style Invitational,” and a passionate advocate for inclusion and equal justice for all persons in America.

Here’s another timely piece on promoting justice and resisting bigotry in today’s America from the San Francisco Chronicle: ‘We are the real face of America’: Local faith and civil rights leaders call out racism, division https://www.sfchronicle.com/bayarea/article/We-are-the-real-face-of-America-Local-17529396.php.

🇺🇸 Due Process Forever!

PWS

10-24-22

☠️⚰️💀GARLAND’S STAR CHAMBERS — “SLOW VIOLENCE” ON PEOPLE OF COLOR!🥵— Bias, Bad Law, Bungling Bureaucracy! — “Where Due Process Goes To Die!” 🤮 — Upcoming Book Will Expose Garland’s Lawless, Cruel, Inhumane “Court” System!

 

Slow Injustice @ EOIR
Garland’s approach to immigrant justice in his courts harkens back to “the bad old days.” Yet he remains impervious — and unaccountable!
The Wasp 1882-01-06 cover Slow but sure.jpg
Slow, but Sure. Cartoon depicts Lady Justice riding a tortoise, about to hang a man.
George Frederick Keller
Public domain

Dean Kevin Johnson @ ImmigrationProf Blog previews upcoming book by Professor Maya Pagni Barack:

https://lawprofessors.typepad.com/immigration/2022/10/from-the-bookshelves-the-slow-violence-of-immigration-court-procedural-justice-on-trial-by-maya-pagn.html

Friday, October 21, 2022

From the Bookshelves: The Slow Violence of Immigration Court Procedural Justice on Trial by Maya Pagni Barak

By Immigration Prof

The Slow Violence of Immigration Court Procedural Justice on Trial by Maya Pagni Barak (forthcominng March 2023, NYU Press)

The publisher’s description of the book reads as follows:

“Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.

Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Maya Pagni Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.”

KJ

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

The ongoing national disgrace called “EOIR” continues to mete out injustice and inane bureaucratic nonsense under a DEMOCRATIC Administration that pledged to return the rule of law and humanity to our broken Immigration Court system! 

That system is “headed and controlled” by a DEMOCRATIC AG, Merrick Garland. He is a former Federal Appellate Judge who certainly knows that what passes for “justice” in his broken “court” system is nothing of the sort! Also this ongoing debacle doesn’t say much good about Garland’s “lieutenants:” Deputy AG Lisa Monaco, Associate AG Vanita Gupta, Assistant AG for Civil Rights Kristen Clarke, and Solicitor General Elizabeth Prelogar.

They have all “looked the other way,” defended, or failed to condemn this travesty undermining our entire justice system, unfolding under their collective noses at EOIR every day! At some point in the future, all these guys will be “making the rounds” of major law firms, NGOs, universities, mainstream media, and corporations — seeking to “cash in” on their DOJ “experience.” Then, folks should remember how they ACTUALLY PERFORMED (or didn’t) when they had a chance to fix “America’s worst courts” — hotbeds of racial and ethnic injustice, purveyors of bad law, and a haven for ridiculously dysfunctional procedures!

Perhaps a suitable future for these willfully blind “public servants” would be to require them to spend the balance of their careers practicing on a pro bono basis before the “star chambers” they inflicted on others! See how they like being “scheduled,” with no or inadequate notice, to do 15 or 20 asylum cases per month; appearing before too many ill-qualified “judges” who have already decided to deny regardless of the law and facts; appealing to a captive “appellate court” dominated by individuals, working for the Executive, whose main “judicial qualification” was that they denied close to 100% of the asylum claims that came before them in Immigration Court and were known for their rude and dismissive treatment of asylum applicants and their lawyers! See, e.g., “Confronting The American Star Chamber . . .,” https://wp.me/p8eeJm-4Vm.,

Here’s Professor Barak’s bio from the U of Michigan-Dearborn website:

Maya Barak, Ph.D.

Associate Professor of Criminal Justice Studies

Maya P. Barak
Maya P. Barak, PhD
Assistant Professor of Criminal Justice Studies
U. of Michigan -Dearborn
PHOTO: UM-D Websitew

College of Arts, Sciences, and Letters

College-Wide Programs

mbarak@umich.edu

1070 Social Sciences Building | 4901 Evergreen Road | Dearborn, MI 48128

Personal Website

Teaching Areas: Arab American Studies, Criminology & Criminal Justice Studies, Master of Science in Criminology and Criminal Justice, Women’s & Gender Studies

Research Areas: Capital Punishment, Criminal Justice, Criminology, Gangs, Immigrants / Crimmigration, Legal Sociology, Procedural Justice, State-Corporate Crime

Biography and Education

I am an Assistant Professor of Criminology and Criminal Justice at the University of Michigan-Dearborn. I hold a PhD in Justice, Law and Criminology from American University (2016), an MA in Criminology and Criminal Justice from Eastern Michigan University (2011), and a BA in Social Anthropology and Peace and Social Justice from the University of Michigan (2009). My research brings together the areas of law, deviance, immigration, and power, utilizing interdisciplinary approaches that span the fields of criminology, law and society, and anthropology.

Education

Ph.D. in Justice, Law and Criminology

Teaching and Research

Courses Taught

Selected Publications

Books

Gould, Jon B. and Maya Barak. 2019. Capital Defense: Inside the Lives of America’s Death Penalty Lawyers. New York: NYU Press.

Selected Articles

Barak, Maya. 2021. “Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court.” Journal on Migration and Human Security (https://doi.org/10.1177/23315024211034740).

Barak, Maya. 2021. “A Hollow Hope? The Empty Promise of Rights in the U.S. Immigration System”/ “¿Una promesa vacía? La ilusión de “los derechos” en el sistema migratorio de los Estados Unidos.” Las Cadenas Que Amamos: Una panorámica sobre el retroceso de Occidente a todos los niveles.

Barak, Maya. 2021. “Family Separation as State-Corporate Crime.” Journal of White Collar and Corporate Crime Vol. 2(2), 2021, pp. 109-121 (https://journals.sagepub.com/doi/10.1177/2631309X20982299). (2021 Outstanding Article or Book Chapter Award, Division of White-Collar and Corporate Crime, American Society of Criminology)

Barak, Maya, Leon, K., and Maguire, Edward. 2020. “Conceptual and Empirical Obstacles in Defining MS-13: Law-Enforcement Perspectives.” Criminology and Public Policy (https://onlinelibrary.wiley.com/doi/10.1111/1745-9133.12493).

Barak, Maya. 2017. “Motherhood and Immigration Policy: How Immigration Law Shapes Central Americans’ Experience of Family.” In Forced Out and Fenced In: Immigration Tales from the Field, edited by Tanya Golash-Boza. New York: Oxford University Press.

Advocates and all Americans committed to racial justice and equal justice under law need to keep raising hell — and supporting progressive candidates — until this horrible system is replaced by a real court system, with subject matter expert judges, totally focused on delivering due process, fundamental fairness, and best judicial practices to all!

What’s happening to individuals (fellow humans, “persons” under our Constitution) and their lawyers at EOIR is NOT OK, nor is it acceptable from a DEMOCRATIC ADMINISTRATION!

Yeah, “there’s trouble, right here in River City!” And, it begins with “E,” ends with “R,” and rhymes with “EYORE!”

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

🇺🇸Due Process Forever!

PWS

10-22-22

😎🌮🍱🍝🍜 ANOTHER “FOOD DRIVEN” IMMIGRANT SUCCESS STORY!

La Cocina, a San Francisco-based nonprofit group, is helping low-income women and immigrants start their own food businesses. The 130 chef-owners receive support, including access to an industrial kitchen, to craft a recipe for a better life.

Oct. 20, 2022

Jay Gray reports for NBC Nightly News in this video:

https://www.nbcnews.com/nightly-news/video/san-francisco-nonprofit-helping-chefs-in-need-to-build-their-own-businesses-151187013820

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

I loved the shot of 1950’s-style “boring American food!” As a “child of the 50’s,” so true! Also, reaffirms the “food-based approach” to promoting social justice!

Heck, I remember from my days at the BIA that the best way to get folks to show up for a meeting or event and be in a good mood to participate was to “put out the food.” I used to bring bagels to BIA en banc conferences. It often helped “lighten the mood,” even if it didn’t garner me enough votes to win very many of my “en banc legal battles!”

Some things that stand out:

  • Teamwork, skill, and cooperation;
  • The power of immigrant women;
  • Diversity and variety improving American food;
  • Investment in “human capital;”
  • Self-sufficiency;
  • Jobs and education for others;
  • Teaching and training for success.

I think there are “messages” here about the benefits of immigrants and how many of those arriving at our borders could be successfully integrated into, energize, and expand opportunities in communities in need throughout America.

For example, almost everyone agrees that there is a shortage of affordable, livable, attractive housing that is adversely affecting communities around the U.S. Why not invest in the hard work, creativity, skills, and initiative of arriving migrants to help address these problems and make life better for everyone? Expand the economy, expand the tax base, raise wages, solve problems, revitalize “hurting” communities! Decent jobs with a future and homes in the community might also help address the opioid and other substance abuse problems in many areas.

Rather than squandering money and resources on “sure to ultimately fail” “deterrence” strategies and counterproductive restrictions, detentions, and deportations, why not think about ways to 1) recognize the realities of human migration; and 2) harness and direct the undeniable power of that migration for everyone’s benefit?

Leaders of both parties seem “willfully blind” to the realities and benefits of migration in the 21st century. Could public-private partnerships be part of the answer? There must be some more “humane pragmatists” out here who are interested in actually solving problems, building on diversity, and doing things for the common good.

One promising initiative, brought to my attention by my long-time friend and former colleague Lori Scialabba, Specialist Executive at Deloitte Consulting, LLP, is Deloitte US’s recently announced “$1.5 Billion Social Impact Investment to Foster a More Equitable Society.” Read about it here: https://www.prnewswire.com/news-releases/deloitte-us-announces-1-5-billion-social-impact-investment-to-foster-a-more-equitable-society-301633710.html.

Lori L. Scialabba
Lori L. Scialabba
Specialist Executive
Deloitte Consulting LLP
PHOTO: Deloitte

(Historical Footnote: I helped recruit Lori for the Honors Program when I was the Deputy General Counsel of the “Legacy INS.” Later, we were both BIA Members. Lori was one of my Vice Chairs — along with Mary Maguire Dunne — and eventually succeeded me as Chair before going on to a distinguished career as a Senior Executive at USCIS and then Deloitte.)

And, of course, we can and should build upon the extraordinary success of “our own” DMV immigrant entrepreneur Tea Ivanovic and her team over at Immigrant Food. Tea exemplifies the “power of food” and its fundamental connection to immigration, diversity, economic vitality, and social justice! I highlighted Tea’s success in a recent “Courtside” profile: https://immigrationcourtside.com/2022/09/10/🇺🇸🗽👍🏼-immigrant-nation-teas-truth-wisdom-americans-views-on-immigrants-and-immigration-are-overwhelmingly-positive/.

Tea Ivanovic
Tea Ivanovic
Director of Communications & Outreach
Immigrant Food
PHOTO: Immigrant Food

Congrats to the folks at La Cocina and to NBC News for featuring this great, thought-provoking, story!

🇺🇸Due Process Forever!

PWS

10-21-22

📚EDUCATION: “OSCAR LOVES LONG DIVISION!”😎

Oscar

https://97zokonline.com/wisconsin-5th-graders-adorable-thank-you-letter-to-his-math-teacher/

Wisconsin 5th Grader’s Adorable Thank You Letter to His Math Teacher

WISCONSIN 5TH GRADER’S ADORABLE THANK YOU LETTER TO HIS MATH TEACHER

Steve Shannon

Steve Shannon

Published: October 14, 2022

The young man who wrote this letter about his teacher wrote it straight from his heart. He surprised me with where he used the word “love”.

The Highlight Reel

I can always count on one segment of my daily show on 97ZOK to deliver a highlight for the week, it’s the reason for this letter I’m sharing with you. During the school year, we ask families to write letters to us about the teachers they love. Past or present, we just want to read stories about these remarkable human beings who dedicate their lives to our children’s education.

143.9K

FKA Twigs Best Dance Breaks

.stlp0{fill:#FF3E5F;}

.st1{fill:#fffffe;}

.st2{fill:#FF3E5F;}

Because of those letters, we’re able to do exactly what this 5th grader most wanted us to do.

97ZOK’s New Teacher of the Week

Get our free mobile app

Congratulations to Brice Gustafson from Fruzen Intermediate School in Beloit, Wisconsin.

Brice was nominated by Oscar Barolsky with this letter below:

I nominate Mr. G because he is very understanding of things. When I have a problem he does everything he can to solve the problem. He is a great math and English teacher, and when I need help in school he helps me. He tries to make class more fun by telling us stories where it could help the subject we are working on. He likes to make jokes about things. He teaches us interesting things. For example, I love long division and he taught us certain strategies that helped. I have been in his class for 2 years now, 4th and 5th grades. Overall he makes class super-duper fun, and that’s why I think he should be teacher of the week.

 

Nice work Mr. G. He doesn’t just love math, it’s long division Oscar loves, And that’s no easy task. Maybe it’s these donuts below that get them to love long division.

As Teacher of the Week, Brice was surprised with a cake from Nothing Bundt Cakes and money to spend at WM Day Spa.

Nominate your favorite teacher for 97ZOK’s Teacher of the Week by clicking HERE.

Read More: 97ZOK Teacher of the Week | https://97zokonline.com/wisconsin-5th-graders-adorable-thank-you-letter-to-his-math-teacher/?utm_source=tsmclip&utm_medium=referral

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

Oscar Julian Barolsky, 11, of Beloit Wisconsin is our grandson. Way to go Oscar!

🇺🇸 Due Process Forever!

PWS

10-16-22

⚖️THE GIBSON REPORT — 10-03-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — Biden’s Asylum Reform Dud! — After 4 Months, Badly Flawed Program Has Protected Only 24 Refugees, As Bias, Lack of Vision, & Anti-Asylum Culture Continue To Plague Biden Administration’s Human Rights “Non-Policies!”

 


Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICAL UPDATES

 

EOIR Updates FOIA Request Process

 

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

 

Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693

 

NEWS

 

Migrant deaths at the U.S.-Mexico border hit a record high, in part due to drownings

NPR: This has been the deadliest year ever for migrants trying to cross the U.S.-Mexico border. More than 800 migrants have died border-wide in the fiscal year that ends this week, according to internal government figures shared by a senior Border Patrol official.

 

Biden Is Hoping Small Changes Go a Long Way on Immigration

NYT: For now, the changes are tiny; only 99 people since the end of May have completed what are called asylum merits interviews with an asylum officer and been fully evaluated under the new rules. Of those, 24 have been granted asylum, while most of the rest have had their cases sent back to the immigration court system for an appeal.

 

Biden Maintains Current Cap on Refugee Entries

NYT: The decision to leave the cap at 125,000 was a contrast with the Trump administration, which severely restricted entry, but advocacy groups said migrants were still processed too slowly.

 

ICE Increases Use of Ankle Monitors and Smartphones to Monitor Immigrants

TRAC: The number of people in Immigration and Customs Enforcement’s Alternative to Detention (ATD) program has officially crossed 300,000 people for the first time, reaching 316,700 according to data released this week. See also The App ICE Forces You To Download; 70-hour weeks, taking selfies for Ice: life as a migrant trucker in California.

 

White House hosts meeting of 19 Western Hemisphere nations to begin coordinated efforts on migrants

CNN: National security adviser Jake Sullivan and homeland security adviser Liz Sherwood-Randall, among other White House officials, met with the representatives of 19 countries at the White House to iron out the implementation of that declaration and appoint a special coordinator for each country, according to the senior administration official.

 

Texas Jail Warden Charged With Killing Migrant Was Previously Accused Of Serious Abuses

Intercept: The Warden of what was once one of the nation’s most notorious immigration detention facilities was arrested this week after allegedly killing one migrant and wounding another in the desert of rural West Texas.

 

Immigrants Provide Huge Benefits To U.S. Taxpayers

Forbes: Compelling new research finds immigrants, including those with less than a high school degree, provide enormous fiscal benefits and a significant subsidy to U.S. taxpayers.

 

Border-crossing asylum-seekers hit six-year high in Canada

Reuters: In the first eight months of 2022, Royal Canadian Mounted Police intercepted 23,358 asylum-seekers crossing into the country at unofficial entry points, 13% more than all of 2017, when an influx of border-crossers at Roxham Road, near the Quebec-New York border, made international headlines.

 

‘Real People That We Care About Are Being Exploited’

Politico: Because cannabis remains illegal at a federal level, all employers — even those licensed at the state level — lack access to E-Verify, a government service that helps businesses verify immigration status. They also cannot use visa programs like H-2A and H-2B, which facilitate legal immigration of farmworkers in other industries… The Oregon legislature in the last 12 months set aside more than $31 million for law enforcement and advocacy groups working to combat illicit cannabis cultivation and help undocumented workers in the industry.

 

Come along as we connect the dots between climate, migration and the far-right

NPR: What is the connection between climate change, the movement of people around the globe, and the rise of xenophobic politicians? That’s the overarching question we’re hoping to answer with this reporting trip.

 

LITIGATION & AGENCY UPDATES

 

Justices To Review If 5th Circ. Fairly Rebuffed Removal Case

Law360: The U.S. Supreme Court on Monday agreed to review whether the Fifth Circuit was right to reject a Guatemalan woman’s deportation case on the grounds that she hadn’t gone through a final round of administrative appeals.

 

3rd Circ. Upholds Toss Of Illegal Immigrant’s Firearm Appeal

Law360: The Third Circuit has affirmed an Eastern District of Pennsylvania federal judge’s rejection of a Dominican Republic citizen’s appeal of his conviction on firearm and immigration law offenses — albeit for different reasons than the lower court.

 

DC Judge Won’t Force Consular Interviews For Visa Winners

Law360: The State Department will not have to schedule visa interviews for 12 winners of the 2022 Diversity Visa Lottery, after a D.C. federal judge found that the selectees didn’t show a high likelihood of proving that the Biden administration unlawfully delayed their interviews.

 

Judge Faults BIA For Nixing Visa Petition Over Prior Marriage

Law360: An Ohio federal judge on Wednesday said the U.S. Board of Immigration Appeals wrongly tossed a woman’s visa petition for her Ghanian husband over a previous “sham marriage,” saying whether the prior marriage was actually fake was open to dispute.

 

ACLU Says Feds Ignored FOIA For ICE Detainee Counsel Info

Law360: The American Civil Liberties Union on Wednesday hit the U.S. Department of Homeland Security with a Freedom of Information Act lawsuit in D.C. federal court, accusing the agency of improperly withholding access to records regarding U.S. Immigration and Customs Enforcement detainees’ access to counsel.

 

Feds want psychological tests for parents of separated kids

AP: The request comes in a lawsuit filed by migrants seeking compensation from the government after thousands of children were taken from parents in a policy maligned as inhumane by political and religious leaders around the world. Settlement talks with attorneys and the government broke down late last year.

 

Groups: Retaliation after migrants report detention center

AP: A companion complaint Wednesday to the office of civil rights at the U.S. Department of Homeland Security documents retaliation, including restrictions on access to legal representation and a falsified accusation of misconduct against an immigrant under the Prison Rape Elimination Act.

 

U.S. whistleblowers aiding migrant children feared retaliation, watchdog report says

Reuters: Two U.S. government employees said they experienced retaliation after they sounded alarms about the conditions at Fort Bliss, which has been used for emergency housing since March 2021, according to the report issued by the U.S. Health and Human Services (HHS) inspector general’s office.

 

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Burma

USCIS: The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months, from Nov. 26, 2022, through May 25, 2024, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning.

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Launch Dud
Despite disingenuous claims otherwise, the overhyped “launch” of asylum “reform” has been a “dud” — producing little for the Administration but even less for legitimate refugees and due process advocates caught up in the mind-boggling dysfunction of the failed Mayorkas/Garland asylum system.
PHOTO: NASA/Joel Kowsky
Public Realm

As border deaths continue to soar, nativist GOP Governors use humans as political pawns, and conditions in refugee sending countries deteriorate, the Biden Administration’s failed human rights/racial justice bureaucracy has no answers!

By attempting to replicate, remarkably even touting, the unrealistically high denial rates produced by the previous system — too often the result of badly flawed adjudications, poorly trained officers and judges, lack of effective representation, chronic systemic anti-asylum bias, and overly restrictive, anti-asylum precedents produced by a BIA loaded with anti-asylum zealots by the Trump Administration — Mayorkas and Garland have basically guaranteed continuing human rights abuses and defective adjudication of claims.

Truth is, even during the height of the overt anti-asylum program of the Trump Administration, approximately 70% of those whose claims were “referred” by the Asylum Office were eventually granted protection in Immigration Court. 

According to Human Rights First (“HRF”), an international human rights organization, in Fiscal Year 2021, 68% of asylum cases referred to immigration court by the AO were subsequently granted protection.[1] With nearly 70% of claims being granted in FY2021, this represents a clear and apparent waste of judicial resources.

https://www.immigrationissues.com/asylum-cases-referred-to-immigration-court-too-often/

And, this was with a legal system with overly restrictive precedents that clearly and improperly manipulated generous asylum laws AGAINST refugees, often hindered effective representation, and was “overseen” by many Immigration Judges who were hand-selected or retained by the Trump DOJ because they were “programmed to deny” asylum at outrageous rates. By granting only a pathetic 24 of 99 cases that actually were decided over four months, and “referring” the rest to Garland’s beyond dysfunctional “courts” (currently fighting an indescribably stupid all-out “war” with NGOs and pro bono attorneys), Mayorkas hasn’t come anywhere close to “leveraging” the system to locate, prioritize, timely grant many more legitimate cases, and drastically reduce the huge number of  unnecessary referrals to EOIR.

Rather than “cleaning house” at USCIS and EOIR, bringing in dynamic, qualified leaders, expert adjudicators and judges who can timely recognize the many legitimate claims, working with NGOs and pro bono groups to get all asylum seekers represented, and utilizing the expert training resources that currently exist outside Government, Mayorkas and Garland are perpetrating the same anti-asylum myths spewed out by Miller, Trump, and company! Essentially, instead of fixing the fatal flaws in the current system, the Biden Administration has chosen to institutionalize and expedite them! That’s insane!

The Biden Administration’s failure to do the butt-kicking, bold, thoughtful work necessary to establish robust, timely, efficient, refugee and asylum systems is dragging down our legal system, promoting racial injustice, perpetrating xenophobic myths, advancing “worst practices,” harming, sometimes killing, legitimate refugees fleeing repressive regimes, and denying American communities legal residents who could be using their skills to help build a stronger economy and a better future for America.

With thousands of asylum seekers from countries where persecution is well-documented being “orbited” by nativist GOP Governors, the Biden Administration was presented with a golden opportunity to work with NGOs, states, and local governments to coordinate resettlement, get them competently represented, and grant asylum in a fair and timely manner, thus demonstrating how an improved asylum system could work with proper staffing, attitudes, and legal guidance. Instead, the Administration has chosen to waste time on a “thudding dud” of a pilot that shows a stunning lack of leadership, courage, imagination, initiative, humanity, and respect for the rule of law!

🇺🇸 Due Process Forever!

PWS

10-05-22

🤮 GARLAND’S EOIR HITS ANOTHER LOW! — Local Immigration Judges Barred From Participating In CLE Event! — For No Particular Reason! — The Round Table 🚀 ⚔️ Again Steps Into The Breach Caused By EOIR’s Failure!

By Paul Wickham Schmidt

Courtside Exclusive

Oct. 4, 2022

Immigration Judges as Galley Slaves
Garland’s bureaucratic minions keep close watch over their “captive” Immigration Judges.
“Galley Slaves”
Public Realm

As one of my esteemed colleagues says, “You can’t make this stuff up!”

I got this message from one of my Round Table colleagues involved in planning in a well-respected CLE event where local Immigration Judges had been invited to participate. “Things [for local IJ’s participation in CLE conference] were going pretty smoothly until EOIR Ethics came back with a NO. NO, the Judges cannot participate, and NO we’re not going to tell you why.”

One Round Table member noted: “As [Hon. “Sir”] Jeff [Chase] has said, our main legacy will be to educate the next generation of immigration lawyers.” 

“EOIR in Exile” (“a/k/a “The Round Table”) appears to be “the only game in town” when it comes to educating practitioners about what really happens in Immigration Court. 

Under Garland, EOIR inflicts unprofessional and humiliating treatment not only on the parties and lawyers appearing it, but also on its own judges!

Way back in the “good ol’ days @ EOIR,” Immigration Judges were actually allowed, even occasionally encouraged, to participate in CLE and other educational events. Of course, advance permission, at several levels, extensive disclaimers, and an occasional dose of censorship (had to stick to the “party line” – no criticism of EOIR) were part of the equation. That was enough to discourage a number of my judicial colleagues from engaging in public speaking. But, I was one of those who accepted as many invitations as possible.

I remember being on a panel with a U.S. District Judge. I delivered my “standard elaborate disclaimer” — basically providing “plausible deniability” for my remarks for everyone in the universe. Then, the USDJ got up and said something like this: “I asked nobody’s permission to be here today, although I did notify the Chief Judge of my whereabouts as a matter of professional courtesy.” That summed up the difference between “independent” and “captive” judges, and why an independent Article I Immigration Court is long, long overdue. But, in the meantime, there is no excuse for the ongoing and worsening disorder and dysfunction in Garland’s “courts!“

🇺🇸 Due Process Forever!

PWS

10-03-22