☠️⚰️🏴‍☠️ TITLE 42 CAUSES DEATH @ THE BORDER: Rachel Monroe @ The New Yorker Sums Up The Jim Crow Cruelty, Stupidity, & Futility Of Title 42 In One Paragraph! — Title 42 “has increased business for smuggling cartels and spurred people to cross in more dangerous places.”

RACHEL MONROE
Rachel Monroe
Contributing Writer
The New Yorker
PHOTO: Twitter

https://apple.news/AX5E8qIWlQYOauANHEV2g3w

. . . .

Between 2015 and 2020, about fifty bodies were recovered each year in Brooks County, according to an S.T.H.R.C. report. Then came Title 42, a policy enacted by the Trump Administration at the start of the COVID-19 pandemic that closed ports of entry and blocked most avenues for asylum claims, ostensibly for public-health reasons. The policy, which is still in place in a modified form, has increased business for smuggling cartels and spurred people to cross in more dangerous places. “Before Title 42, the calls we got used to be, like, eighty-per-cent apprehended, twenty-per-cent missing,” Canales said. “Now it’s flipped—it’s more like twenty-per-cent apprehended, eighty-per-cent missing.” So far this year, there have been nearly seventy recoveries of remains in Brooks County, putting 2022 on track to be the deadliest year on record.

. . . .

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

Read Rachel’s entire report, directly from the border, at the link.

So, before the Trump Administration’s bogus, racist “invocation” of Title 42, 80% of migrants came to the border or were easily apprehended close thereto — most probably because they turned themselves in to seek asylum through the legal system. And, lets not forget, this was with an already badly broken, fundamentally unfair, asylum legal adjudication system intentionally biased and “loaded” against legitimate refugees seeking protection!

Smart, honest public policy would have improved asylum adjudication at USCIS and at EOIR to quickly recognize and grant, with the assistance of NGOs and legal assistance groups, the many cases of legitimate refugees so that they could take their rightful, legal places in our society.

Additionally, by taking refugees seeking legal determinations “out of the equation,” enforcement against those seeking to evade legal processing — certainly a much, much smaller “universe” than is “out there now” — would have been enhanced. Business would have declined for smugglers, as those seeking protection would have been motivated to use a humane, fair, functioning legal system rather than being forced into “do it yourself” refuge!

You don’t have a genius to figure this out — just not be motivated solely by racism like Stephen Miller and his Trump regime cronies! Better qualified — non-Jim Crow righty — Federal Judges would also produce more humane, honest, and rational results.

Additionally, by running a legitimate asylum system, and complementing it with an honest, robust, legal refugee system for Latin America, the Caribbean, and Africa, we would finally have sound data on how many of those seeking to enter at the Southern Border are entitled to immigrate as legal refugees and how many are non-refugees. That’s something on which we now have no reliable information  — just myths and anecdotes, many provided by racist restrictionists and nativists with neither expertise in asylum law nor any real interest in the rule of law at the border.

As a result of Title 42, and the unqualified “Jim Crow” Federal Judges, GOP nativist AGs, and their apologists (including some in the media who repeat or republish, without critical examination, GOP racist lies about the border), we now have a deadlier than ever border; the legal immigration system at the border has been functionally abolished and replaced with an underground, extralegal system; the U.S. Government has ceded control of border migration policy to cartels and smugglers; and the job of the Border Patrol — forced to spend time apprehending legal refugees who seek only the protection to which they are legally entitled — has become impossible.

That’s what happens when we let GOP nativist pols, overt racists, and bad, right wing Federal Judges take over the immigration policies that were actually enacted by Congress — a key part of which are legitimate refugee and asylum systems and a fair, functioning, expert Immigration Court. Right now, we have NONE of the foregoing. And, innocent migrants at the border are too often paying the price — with their lives!

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

“Enforcing the law” does NOT mean unfairly, unwisely, and illegally abrogating the legal asylum system and fair adjudications in Immigration Court at the border. It means fixing the legal asylum system including USCIS Asylum Offices. Perhaps most of all, it means reforming and replacing where necessary the broken, dysfunctional, leaderless, and non-expert Immigration Courts and a BIA that continues to misinterpret asylum and protection laws on a daily basis. We need a BIA of real judges with the expertise and guts to establish fair, humane, correct, positive precedents and to rein in or remove from asylum cases those Immigration Judges who are “programmed to reject, not protect!”

I, along with many others, watched the Brittney Griner travesty unfold. I saw the irony. President Biden was rightfully blasting the outrageous “kangaroo court” show trial that passes for justice in Russia. But, at the same time, he, Harris, and Garland are basically running a farcical “Russian style” dysfunctional immigrant “justice” system at EOIR and calling it a “court!”

Kangaroos
Perhaps, in addition to blasting the Griner farce, President Biden, VP Harris, and AG Garland need to take a closer look at the “Russian-style” justice being inflicted on migrants in their wholly-owned Immigration “Courts”  — which particularly target women, children, and migrants of color seeking justice under US laws. Indeed, many are still being arbitrarily returned without ANY process at all! Others get “off the wall” denials of their valid claims. Its this REALLY any way for a self-proclaimed “nation of laws” to operate?
https://www.flickr.com/photos/rasputin243/
Creative Commons License

🇺🇸 Due Process Forever

PWS

08-05-22

🗽TELL CONGRESS TITLE 42 HAS GOT TO GO!  — “A Sham Policy With Deadly Consequences” — Listen To Rev. Craig Mousin’s Podcast On “Lawful Assembly” ⚖️

Rev. Craig Mousin
Rev. Craig Mousin
Ombudsperson
Refugee and Forced Migration Studies, Grace School of Applied Diplomacy
DePaul University
PHOTO: DePaul Website

Craig writes:

We just posted our latest podcast urging folks to email or call Congress to stop Title 42, “Do Not Let Summer Daze Turn Pretense Into Law: End Title 42.”

https://blogs.depaul.edu/dmm/2022/07/29/lawful-assembly-podcast-episode-28/

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

Title 42 is a total, disgraceful fraud that violates U.S. and international law, abuses (and sometimes kills) vulnerable refugees seeking to exercise legal rights, and turns immigration policy over to cartels and human smugglers

Shockingly, instead of standing up for due process, human rights, and the rule of law, horrible right-wing Federal Judges have gone along with this farce at the urging of GOP White Nationalist state AGs.

Better judges for a better America!

🇺🇸 Due Process Forever!

PWS

07-30-22

☠️🤮⚰️🏴‍☠️ MERCHANTS OF CHAOS & CORRUPTION: GOP HACKS, BAD RIGHTY JUDGES FORCE ILLEGAL CONTINUATION OF BOGUS TITLE 42 ABOMINATION! — Ending Title 42 Will Restore Order To The Border, Says Expert, Professor Stephen Yale-Loehr Of Cornell Law @ The Hill! — But, Wait, There’s Much More Needed, Say I!

Four Horsemen
GOP political hacks and their enabling bad righty Federal Judges have combined to wreak havoc on humanity and trample the Constitution, rule of law, common sense, and simple human decency at our Southern border!
Albrecht Dürer, Public domain, via Wikimedia Commons
Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

https://thehill.com/opinion/immigration/3575601-ending-title-42-wont-cause-immigration-mayhem-it-will-restore-order/

In 2015, a Ghanaian man who goes by the initials M.A. and his gay friend were brutally assaulted by a vigilante group in Accra, Ghana. In Ghana, homosexuality is illegal and carries a prison sentence of up to three years. M.A. was beaten with sticks before escaping through a window. His friend was killed. Fearing the group would find and kill him, he fled to Ecuador and made his way to the U.S. border, where he requested asylum. After being detained for nine months, he was released on bond and lived with a childhood friend in New York while he waited for his case to make it through the legal system.

M.A. clearly faced persecution, but an immigration judge denied his claim. I took M.A.’s appeal to the Board of Immigration Appeals in 2016 as part of the Cornell Law School’s asylum appeals clinic. It took M.A. four years to win asylum in America, but at least he was given the chance to apply in the first place.

Since March 2020, approximately 900,000 people — including over 215,000 parents and children — have been denied the ability to request asylum at all. They’re casualties of Title 42, a pandemic-related policy that paused nearly all asylum proceedings at the border. Some people argue the policy is preventing an influx of migrants. In fact, numbers are up despite the policy, and our refusal to process most of them has led to chaotic and dangerous conditions.

The United States has successfully managed ebbs and flows of asylum seekers for decades. There’s a system in place to manage an influx — and regardless of how hard immigration lawyers like me fight for them to stay, many will lose their case and be deported. Even so, we must let people try. It’s not only the right thing to do, it’s also guaranteed under international and domestic law. We signed a 1967 protocol to the U.N. Refugee Convention to protect the rights of refugees, and we have adopted it and codified it into U.S. asylum law. Right now, we’re violating those obligations. The longer we do, the weaker American rule of law looks to our global partners.

We must immediately reinstate due process for asylum seekers. And once this happens, we must work to make the system more equitable and faster.

. . . .

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

Read Steve’s complete op-ed in The Hill at the link.

I agree that “we must work to make the system more equitable and faster.” But, the answer can’t be just to hire more Immigration Judges in Garland’s dysfunctional, broken, and anti-asylum-biased “court” system. That would just speed the “deportation assembly line” and lead to even more injustice and grotesque inconsistencies. 

According to TRAC, Immigration Judge “asylum denial rates” currently “range” from 5% to 100%. That’s a ridiculous, indefensible variation and a total perversion of the generous standard for granting asylum set forth by the Supremes in Cardoza-Fonseca and adopted by the BIA in Matter of Mogharrabi, but seldom enforced or followed, particularly these days.  Why this very obvious, totally solvable problem is still festering going on two years into a Democratic Administration that pledged to solve it is beyond me! 

Enough of this nonsense, biased, “amateur night at the Bijou” mal-administration of the Immigration Courts at EOIR by Garland’s DOJ! No wonder folks are still complaining about “Refugee Roulette” more than a decade after it was written by my Georgetown Law colleagues Professors Phil Schrag, Andy Schoenholtz, and Jaya Ramji-Nogales (now an Associate Dean at Temple Law). Why not put one of THEM, or for that matter, Professor Yale-Loehr, in charge of kicking tail and cleaning out the deadwood at EOIR?

Amateur Night
This approach to life or death asylum adjudication at EOIR, particularly the BIA, is a killer!
PHOTO: Thomas Hawk
Creative Commons
Amateur Night

At a minimum Garland must:

  • Remove the holdover “Asylum Deniers Club” from the BIA and replace them with a real judge as Chair and new Appellate Immigration Judges who are widely recognized as “practical experts” with careers that have demonstrated superior scholarship in immigraton and human rights, an unswerving commitment to due process for individuals, and a passion for racial justice in our legal system; 
  • Have the “New BIA” issue useful precedential guidance on how to document and grant valid asylum cases at both the Asylum Office and the Immigration Court, implement best practices, and identify and remove from future asylum adjudication those unqualified Immigration Judges who basically “make up” reasons to deny and can’t or won’t treat applicants fairly; and
  • Immediately replace with qualified expert judges those Immigration Judges on the “Southern Border docket” who can’t fairly adjudicate asylum cases.

Steve is totally correct about the need for Title 42 to go! But, Garland’s EOIR, particularly the BIA, is just as broken, counterproductive, and out of control as Title 42! In many ways, the illegal abrogation of the rule of law at the Southern Border has somewhat ”hidden” the larger problem that a dysfunctional and incapable EOIR poses for those who do manage to get a hearing!

Without a legitimate, totally reformed and significantly “re-populated” EOIR operating at the “retail level” of our justice system, there will be no rule of law and equal justice under law in America — for anyone!

Tell Garland you have had enough! The deadly and disorderly “EOIR Clown Show” has got to go! Now!

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

🇺🇸 Due Process Forever!

PWS

07-28-22

 

👩🏽‍🏫📚 📖SOCIETY FOR THE PSYCHOLOGICAL STUDY OF SOCIAL ISSUES (“SPSSI”) PROUDLY PRESENTS A FREE WEBINAR: “A Review Of Immigration Policy Reform From Applied & Empirical Perspectives,” Friday, June 3, 2022 @ 4:30 EDT, Featuring: Chelsea Queen (UTEP, Moderator), Professor Josiah Heyman Ph.D. (UTEP), Aldo Barrita M.A. (Ph.D. Program, UNLV), & Me! — Don’t Miss It! — Also Available On YouTube TV After The Presentation!

 

Here’s the link for FREE registration for this webinar:

https://us06web.zoom.us/webinar/register/WN_iup8pofbTRiMc7qWdr0faQ

SPSSI

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

Hope to see you there! Our ever-amazing Moderator/Organizer/Inspiration Chelsea Queen, 4th Year Doctoral Student @ UTEP & Applied Work Member-at-Large of the SPSSI Graduate Student Committee, promises to 1) keep us “on track;” and 2) involve the audience in the dialogue.

🇺🇸Due Process Forever!

 

PWS

06-01-22

⚖️🗽HUMAN RIGHTS FIRST ON EVERYTHING THAT’S WRONG ABOUT TITLE 42🏴‍☠️! — Also, Positions With HRF Available: Fight The Scofflaws, Nativists, Deniers, Fear-Mongers, & Enablers Who Made Title 42 & Other Degrading White Nationalist Policies Possible, & Those Who “Continue To Defend The Indefensible!”

 

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humanrightsfirst.org
Dear Paul:

 

After two years of advocacy by Human Rights First and our allies, President Biden announced that his administration would end Title 42 this Monday, May 23.  Instead, a suit by attorneys general mirroring the talking points of the Trump administration blocked the end of this inhumane policy.

 

We will continue to push for the end of the misuse of Title 42 and advocate for fair and just asylum system until we succeed and refugees are welcomed with dignity to the United States.

Taking action on Title 42
The Biden administration had announced a plan to end on May 23 the misuse of Title 42 public health regulations that have barred asylum seekers at the border for the past two years.  On Friday a federal court in Louisiana forced the continuation of this egregiously inhumane policy.

 

Anwen Hughes, Director of Legal Strategy for Refugee Programs responded, “The court’s ruling requires the continuation of a public health policy that public health experts have concluded is not needed, and allows the continued evasion of U.S. immigration and refugee laws.”

 

Human Rights First joined 57 partner organizations in an amicus brief in this case detailing the human costs of using this policy at the border.  Our most recent report, authored with allies Al Otro Lado and Haitian Bridge Alliance, underscored how extending Title 42 escalates dangers to asylum seekers, exacerbates disorder at the border, and magnifies discrimination in the system.

Courtesy Reuters
Migrants expelled from the U.S. are sent back to Mexico over the Paso del Norte International border bridge.
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“Every day that the Title 42 order remains in place is a day when the United States is turning away people seeking refuge to places where their lives are in danger.”
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Eleanor Acer appeared on Al Jazeera Friday night to discuss the continuation of Title 42.
Human Rights First President and CEO Michael Breen joined Rep. Pramila Jayapal, Chair of the Congressional Progressive Caucus, Mary Kay Henry, International President of the Service Employees International Union (SEIU), and Marielena Hincapié, Executive Director of the National Immigration Law Center (NILC), in a press call on Monday, the day that should have marked the end of the use of Title 42.

 

Speakers called for the end of this cruel policy and reiterated the need for a fair and humane asylum system that centers the dignity of all people.

 

“It is encouraging that the Justice Department quickly filed an appeal to the Louisiana court’s ruling, which extends the use of a policy, ostensibly based on public health, that public health experts have concluded is not needed.  Now it is critical that the administration take all necessary steps to defend the CDC’s decision to end the use of Title 42,” said Breen.

 

A recording of the press event is available here.

 

Finally, two key members of our refugee protection research team, Kennji Kizuka and Associate Attorney for Refugee Protection Julia Neusner are at the border this week, reporting on the impact of Title 42 and Remain in Mexico on asylum seekers.  Please follow their up-to-the-moment reports on Twitter — @JuliaNeusner and @KennjiKizuka.

Introducing new members of our team
Yesterday, Human Rights First was pleased to announce the addition of two critical new members of our program addressing extremism, Erin E. Wilson as the Senior Director for Extremism and Human Rights and Elizabeth Yates, Ph.D. as Senior Researcher on Antisemitism.

 

Over her 20-year career, Wilson established herself as an expert on domestic extremism, serving as a senior policy strategist and analyst in the U.S. Government’s executive and legislative branches. She has extensive experience with stakeholders in communities around the world as well as federal, state, local agencies and law enforcement partners to address extremism using a rights-centered approach.

Erin E. Wilson

Senior Director of

Extremism & Human Rights

Elizabeth Yates, Ph.D.

Senior Researcher

on Antisemitism.

Yates served at the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland, contributing to their work on domestic extremism and hate crimes. She co-authored numerous reports and articles on topics including extremism in the U.S. military, the growth of anti-Muslim terrorism, mass casualty hate crimes, and disengagement from right-wing extremism. Her analysis and commentary have regularly been featured on local and national news.

 

“Domestic extremism and antisemitism are two sides of the same coin, and Human Rights First is working to take that currency out of circulation,” said Michael Breen. “We are certain that as Human Rights First works to counter white supremacist extremism and the existential threat it poses to American democracy, the experience and tenacity Erin Wilson and Elizabeth Yates have long shown on these issues will be great resources.”

Join our Spring Social
We are thrilled to welcome Segun Oduolowu as emcee at our Spring Social!

 

Oduolowu joined PEOPLE (The TV Show!) as a correspondent this year after hosted the nationally syndicated television show, The List.  With Bounce TV network, Segun executive produced Protect or Neglect, a documentary focused on police brutality in underserved communities.

 

He was co-host of See It/Skip It, a weekly Facebook Live show produced by Rotten Tomatoes and he has appeared on Access Hollywood, The Wendy Williams Show and contributed to international programs for CNN, the BBC and Deutsche Welle.

The emcee for our June 8

Spring Social, Segun Oduolowu

Please join us and Segun Oduolowu for cocktails on the roof of the Bryant Park Grill in New York City on June 8 from 5:30 to 8pm EDT to honor the work of human rights defenders & highlight our work responding to the crises in Ukraine and Afghanistan.

 

Get your tickets now for what promises to be a great evening!

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Returning to Afghanistan
If you missed our live webinar “Tenets and Terrors: The Ideology and Violence of the Taliban in Afghanistan,” an in-depth look at the key factors, background, and worldview that motivates the Taliban, you can still participate in this important event by watching our recording or reading the transcript here.
Human Rights First is hiring
Human Rights First seeks passionate team members who are interested in changing lives, impacting policy, and moving public opinion.

 

Please check out our careers page and apply to join us today.

Watch for more news as our work for human rights continues.  And please stay in touch on social media:
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PLEASE MAKE HUMAN RIGHTS A PRIORITY IN YOUR LIFE

The work we do would not be possible without your donations

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Unsubscribe

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

Not surprisingly, things have gone downhill for the Biden Administration on multiple fronts since their initial failure to hit the ground running with a strong condemnation and revocation of the Title 42 travesty!

Here’s a chance for the “new generation” of theNDPA to “sign on” with HRF and fight nativist racism on all levels! There is no end in sight for the need for actions to force the Biden Administration, the U.S. Government, Federal Courts, and state and local governments to comply with the law and our (not yet completely and equally implemented) Constitutional guarantees. Fight the “good fight” to end “dehumanization of the other” which, shockingly, has become SOP for the GOP right and their enablers!

Check out the link to the HRF Careers Page above!😎👍🏼⚖️🗽

🇺🇸 Due Process Forever!

PWS

05-27-22

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⚖️THE GIBSON REPORT — 05-23-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center — Contrary To Myth, Vast Majority of Released Migrants Appear For Hearings; Trump Judges Continue Cruel, Illegal, Racially Motivated Programs!

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

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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

 

Judge Orders Government to Continue Migrant Expulsions on Border

NYT: A federal judge on Friday blocked the Biden administration from lifting a pandemic-related health order whose scheduled expiration on Monday would have thrown open the doors of the United States to asylum seekers at the border for the first time in more than two years.

 

LA judge considers Border Patrol’s agreement to settle migrant children case

Spectrum: In the proposed settlement, filed over the weekend in Los Angeles federal court, the border patrol agrees to protocols requiring that detained minors be held in safe and sanitary conditions, not be separated from relatives, and have access to medical evaluations and prompt medical treatment when needed.

 

Court ruling extends uneven treatment for asylum-seekers

WaPo: The U.S. government has expelled migrants more than 1.9 million times under Title 42, denying them a chance to seek asylum as permitted under U.S. law and international treaty for purposes of preventing the spread of COVID-19. But Title 42 is not applied evenly across nationalities. See also Title 42 has no bearing on decision to cross border, Venezuelan asylum-seeker says; DHS hasn’t seen a ‘significant decrease’ of migrants at the US-Mexico border amid ongoing efforts, Mayorkas tells CNN.

 

12,212 migrant children reentered U.S. border custody alone in 2021 after being expelled

CBS: Over a 12-month span beginning in October 2020, U.S. Border Patrol agents processed 12,212 unaccompanied migrant minors who had been previously expelled under Title 42, according to internal Customs and Border Protection (CBP) data obtained through a Freedom of Information Act (FOIA) request.

 

Most people released by immigration authorities do attend their court hearings

Politifact: The in absentia rate for fiscal year 2021 was 10%; for the first quarter of 2022, October to December 2021, it was 18%.

 

Push For Gov’t-Funded Deportation Defense Gains Steam

Law360: Programs that provide government-funded attorneys to noncitizens facing deportation are becoming more common in cities and states across the country, and immigration advocates hope to harness that momentum to scale up those initiatives to the federal level.

 

ICE chief defends proposed cut in immigration detention beds

RollCall: The administration asked Congress to provide funding for just 25,000 detention beds — down from the current level of 34,000 — and requested an $87 million increase in funding for programs allowing for alternatives to detention.

 

DHS watchdog: Migrants weren’t tested for COVID before transport on domestic commercial flights

CBS: The watchdog noted that “without clear COVID-19 testing policies and controls in place to enforce these policies, ERO may transport COVID-19–positive migrants on domestic commercial flights.” The report said the failed policy “risk[ed] exposing other migrants, ERO staff, and the general public to COVID-19.”

 

Texas educators fear Abbott’s effort to kick undocumented children out of school

Yahoo: According to Higher Ed Immigration Portal, there are 1,644,000 students enrolled in public schools in the state of Texas, 58,255 of them undocumented. The United States as a whole is home to more than 427,000 undocumented students.

 

LITIGATION & AGENCY UPDATES

 

La. Judge Slams Brakes On Biden’s Title 42 Repeal Effort

Law360: A Louisiana federal judge ordered President Joe Biden to keep intact a Trump-era order allowing for the swift expulsion of migrants amid the COVID-19 pandemic, ruling Friday that two dozen states would likely prove they weren’t provided enough notice when the administration announced plans to end the policy.

 

Flores Settlement News

LexisNexis: A court filing on Saturday May 21, 2022, seeks U.S. Judge Dolly M. Gee’s preliminary approval of the settlement. The border patrol has agreed to a wide range of protocols requiring that detained minors are held in safe and sanitary conditions, not be separated from relatives, and have access to medical evaluations and prompt medical treatment when needed.

 

If You Say You’re Filing A BIA Brief, File It, 3rd Circ. Says

Law360: Petitioners before the Board of Immigration Appeals don’t have to file a brief supporting their appeal, but if they say they will and do not, the board can dismiss the case, the Third Circuit ruled Friday in affirming the dismissal of a Salvadoran man’s asylum request.

 

5th Circ. Raps Judge’s Credibility Ruling, Revives Asylum Bid

Law360: The Fifth Circuit revived claims that an asylum-seeker feared police brutality in Cameroon, saying that an immigration judge wrongly deemed him untruthful based on government reports that had never been “identified, referenced or discussed” during his court hearing.

 

7th Circ. Wary Of Reviving Ill. Counties’ Immigration Law Fight

Law360: A Seventh Circuit panel seemed unconvinced Wednesday by two Illinois counties’ argument that they should be able to pursue a constitutional challenge to a law Gov. J.B. Pritzker signed last year, which blocks immigration detention contracts with the federal government.

 

ICE, GEO Group Sued Over Suicide Of Man Detained In Calif.

Law360: The daughter of a man who died by suicide in an immigration detention facility is suing U.S. Immigration and Customs Enforcement, GEO Group Inc., which runs the facility, and the city of McFarland, California, saying they ignored the man’s mental illness and tortured him by putting him in solitary confinement, leading to his death.

 

Legal advocates sue US over Iranian-born scholar’s treatment

AP: The civil rights complaint alleges that Customs and Border Protection officers denied Shamloo and her husband entry to the U.S. based on their Iranian birth and violated procedures by demanding DNA samples. They and their two children are Canadian citizens.

 

DOS Announces Reinstatement of the Cuban Family Reunification Parole Program

AILA: DOS announced plans to reinstate the Cuban Family Reunification Parole Program (CFRP) and increase capacity for consular services in Cuba. Limited immigrant visa processing will resume in Havana, but most immigrant visa cases will still be processed at the U.S. Embassy in Georgetown, Guyana.

 

DHS Notice of Designation of Afghanistan for TPS

AILA: DHS notice of the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, effective 5/20/22 through 11/20/23. (87 FR 30976, 5/20/22)

 

DHS Notice of Special Student Relief for Afghanistan

AILA: DHS notice suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Afghanistan and who are experiencing severe economic hardship as a result of the situation in Afghanistan. (87 FR 30971, 5/20/22)

 

DOS Provides Guidance for Ukraine Nationals

AILA: DOS provided updated guidance for nationals of Ukraine seeking to enter or entering the United States. The guidance clarifies information on the Uniting for Ukraine program, nonimmigrant visas, immigrant visas, humanitarian parole, refugee status, and more.

 

DHS/ALL/PIA-094 Migrant Protection Protocols (MPP) Case Request System

DHS: The MPP Case Request System provides an avenue for individuals to initiate a review of their enrollment in MPP if they believe they should not be included in the program.

 

Social Security Administration Notice of New Matching Program with DHS

AILA: Social Security Administration (SSA) notice of a new matching program with DHS that sets forth the terms, conditions, and safeguards under which DHS will disclose information to SSA to identify noncitizens who leave the U.S. voluntarily and noncitizens who are removed. (87 FR 30321, 5/18/22)

 

DOS Announces Suspension of National Visa Center Public Inquiry Telephone Line

AILA: The National Visa Center has suspended its public inquiry telephone line, effective May 23, 2022. Contact information and information on common NIV and IV inquiries are available.

 

 

RESOURCES

 

NIJC RESOURCES

 

GENERAL RESOURCES

 

EVENTS

 

NIJC EVENTS

 

 

GENERAL 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.

 

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

 

 

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

Thanks, Elizabeth.

🇺🇸 Due Process Forever!

PWS

O5-24-22

🏴‍☠️SCOFFLAW NATION! — TRUMP US JUDGE, GOP NATIVIST AGs CONTINUE TO DUMP ON ASYLUM SEEKERS, ☠️ HANDING HUMAN SMUGGLERS A HUGE VICTORY!🤮

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Source: LA Times website

Andrea Castillo reports for the LA Times:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=80d73090-8dd0-48a7-a802-afbc852fc2f8

. . . .

A family in Tijuana who wanted to request asylum and advocacy groups including Innovation Law Lab sought to intervene in the lawsuit. They argued that a court order keeping Title 42 in place should only apply to states involved with the suit. Summerhays denied their request.

Alicia Duran Raymundo, her partner and their 6-year-old daughter fled El Salvador after gang members threatened to torture and kill them. She said in a news release from her lawyers last week that they wanted to live with extended family in California while pursuing asylum, but instead joined the thousands of migrants living in Mexican border towns while they wait for the U.S. to reopen its doors.

“We’ve tried many times to ask for asylum but they just tell us the border is closed,” Duran said.

Seeking asylum is a legal right guaranteed under federal and international law, regardless of how someone arrived on U.S. soil. Some of those turned away are fleeing persecution, while others pushed out by turmoil in their home countries seek jobs and security.

Though migrants can’t seek asylum under Title 42, they can still be screened under the United Nations Convention Against Torture. But those screenings are more difficult to pass.

Lee Gelernt
Lee Gelernt
Deputy Director
ACLU Immigrants’ Rights Program
PHOTO: ACLU

Lee Gelernt, deputy director of the American Civil Liberties Union’s immigrant rights project, noted that regardless of Friday’s decision, a prior ruling in Washington, D.C., District Court taking effect Monday prevents Title 42 from applying to families who face persecution or torture if they are expelled. Gelernt is lead attorney in that case.

“Hypocritically, the states that brought this lawsuit seemingly care about COVID restrictions only when they involve asylum seekers,” he said. “The lawsuit is a naked attempt to misuse a public health law to end protections for those fleeing danger.”

. . . .

Migrants have been removed from the U.S. nearly 2 million times since Title 42 was first used in March 2020, in some cases to dangerous situations in which they’ve been tortured or raped.

. . . .

Aaron Reichlin-Melnick
Aaron Reichlin-Melnick
Policy Counsel
American Immigration Council
Photo: Twitter

Aaron Reichlin-Melnick, senior policy counsel at the American Immigration Council, predicted that Title 42 is likely to stay in place until at least next year.

Summerhays’ decision signals that while the Biden administration can establish a policy under emergency conditions, terminating it requires a rulemaking comment period that could take six months to a year.

Louisiana and the other states are not arguing that the policy can never end, Reichlin-Melnick said, but they’re imposing judicial roadblocks to delay it. The CDC is likely to try to end the policy again while satisfying the judge’s demands, he said.

In the meantime, he said, “we’re going to see an ever higher number of repeat crossings. Look at the border and tell me Title 42 works.”

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

The case is Louisiana v. CDC, WD LA, 05-20–22. Here’s a link to the opinion:

https://www.bloomberglaw.com/public/desktop/document/LouisianaetalvCentersforDiseaseControlPreventionetalDocketNo622cv/7?1653080541

Read Andrea’s full report at the above link!

Of course Title 42 doesn’t work! But, it’s never been about a “working” border asylum policy. NO, it’s always been about cruelty fueled by nativist racism!

🇺🇸Due Process Forever!

PWS

05-21-22

🤮GOP NATIVISTS SAY STARVE ☠️ KIDS TO SOLVE FORMULA SHORTAGE! — “Pro-Life” Seems To End @ Birth!

Starving Children
GOP nativists say starving Brown-skinned kids will solve all problems.
Feed My Starving Children (“FMSC”) — El Salvador
Creative Commons License

Bess Levin @ The Levin Report:

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

The United States is in the midst of a massive formula crisis affecting some of the most vulnerable members of the population: babies. A perfect storm of numerous factors—pandemic-related supply chain delays; government bureaucracy; the stranglehold that just a few companies hold on the formula market; the closure of one of the biggest formula-manufacturing plants in the country, following the recall of contaminated batches and the death of two infants—has led to a terrifying reality for parents desperate and scrambling to feed their children. People who have the time—and many don’t—are driving long distances only to find empty shelves. Private sellers are reportedly price gouging, charging customers double or triple the normal amount. Unable to find what they need, some parents have been forced to ration formula as they search, often in vain, for more. One woman told The New York Times she recently found herself “freaking out, crying on the floor,” telling her husband, “Dude, I can’t feed our kids, I don’t know what to do.” The solution from Republicans, many of whom claim to be pro-life? Let the babies of undocumented parents starve. Or, at the very least, use the situation to demonize immigrants and score the cheapest of political points.

 

On Wednesday, Florida representative Kat Cammack tweeted a pair of photos, writing, “The first photo is from this morning at the Ursula Processing Center at the U.S. border. Shelves and pallets packed with baby formula. The second is from a shelf right here at home. Formula is scarce. This is what America last looks like.” Later, on Facebook, she claimed to have obtained the photos from a “border patrol agent” that’s been on the job for “30 years.” In the video, the congresswoman generously acknowledged that while all children deserve to eat, it’s not America’s job to feed the babies it detains.

 

“It is not the children’s fault at all,” Commack told her followers. “But what is infuriating to me is that this is another example of the ‘America Last’ agenda the Biden administration continues to perpetuate.” Cammack claims to be pro-life and only supports abortion in extreme cases in the first trimester, according to Fox News. She is cochair of the House Pro-Life Caucus and, naturally, is thrilled about the news that the Supreme Court is poised to overturn Roe v. Wade.

 

One day after Cammack’s suggestion that the migrant children the U.S. government has locked up should be forced to go hungry, Texas governor Greg Abbott jumped on the bandwagon, issuing a joint statement with the National Border Patrol Council: “While mothers and fathers stare at empty grocery store shelves in a panic, the Biden administration is happy to provide baby formula to illegal immigrants coming across our southern border…. Our children deserve a president who puts their needs and survival first—not one who gives critical supplies to illegal immigrants before the very people he took an oath to serve.” Like Cammack, Abbott would like people to believe he is “pro-life,” and signed a bill last September banning abortions after six weeks, leading to a surge of copycat legislation across the country.

 

Also on Thursday, Texas congressman Troy Nehls tweeted, “Baby formula should go to Americans before illegals.” (You can probably guess where Nehls stands on abortion.) And we’re sure it’ll absolutely shock you to hear that Fox News also believes migrant children should be forced to starve to death. As Media Matters’ Matt Gertz notes, a small selection of commentary from the networks’ stars over the past two days has included: “Why are we feeding illegal babies ahead of American babies?” (Jesse Watters); “These are not people that respected our borders, our laws, and our sovereignty. Why wouldn’t all of the pallets go to American families first?” (Sean Hannity); and “Once they get here, the Biden administration will give them food supplies that you can’t buy. Those would include baby formula…. How much more of this are people going to take, you wonder? It’s too humiliating” (Tucker Carlson). Fox, of course, has been a major voice in the antiabortion movement.

 

The rank hypocrisy of claiming to want to protect the “sanctity of life,” and then casually suggesting that some lives are less important than others aside, the entire situation these conservatives are decrying wouldn‘t actually be an issue if the right wasn’t so obsessed with imprisoning people trying to seek a better life. (While detention is not strictly the domain of Republicans— and both Joe Biden and Barack Obama were and remain happy to lock migrants up—Democrats are not the ones out there suggesting we let migrant children starve.) As the Washington Post’s Glenn Kessler notes, federal law literally requires the government to provide food— as well as other basic human rights— to the people it detains. If conservatives don’t want to have to follow that rule, they should probably stop demanding the government throw migrants in prison, though we have a small, sneaking suspicion they won’t. Because demonizing people who weren‘t born here is quite clearly their thing, and has been for years. As Jezebel’s Caitlin Cruz wrote on Thursday: “Migrants and immigrants of all ages are the perfect boogeymen. First, they take their jobs; now they want to take food out of babies’ mouths, while also forcing women to carry their pregnancies to term. The hypocrisy is so thick I am choking on it.

 

 

Mitch McConnell: It’s the Supreme Court’s job to issue rulings Americans don’t want

 

One of the most outrageous aspects of the news that the Supreme Court is likely to overturn Roe v. Wade is the fact that—despite what some conservatives would have people believe—a majority of Americans believe abortion should be legal in all or most cases and want to see the landmark decision upheld. But according to Senate minority leader Mitch McConnnell? It’s the high court’s job to issue rulings that fundamentally change life in a way Americans don’t want.

 

Speaking to NPR, the Kentucky lawmaker claimed that the whole point of the Supreme Court is to make decisions that most of the country doesn’t agree with. “For the Supreme Court to on any issue, to reach a decision contrary to public opinion it is exactly what the Supreme Court is about,” he argued. “It’s to protect basic rights, even when majorities are in favor of something else, that happens all the time.” McConnell then chose to bizarrely point to the issue of flag burning, the prohibition of which the court ruled in 1989 was a violation of the First Amendment. “If you took public opinion polls on that issue, people would overwhelmingly support a legislative prohibition of flag burning, but the Supreme Court interpreted that as a violation of the First Amendment freedom of speech.”

 

Of course, letting people burn flags is not the same as taking away the constitutional right of millions of people to make medical decisions about their own bodies, but you’ll have to forgive ole Mitchy, who’s currently trying to make people forget he’s one of the key architects of the impending obliteration of reproductive freedoms. In the interview with NPR, he claimed that his yearslong singular focus on installing conservative judges was not specifically about gutting Roe but keeping out “judicial activist[s],” a conservative smear for judges who believe in things like, for example, women having the same bodily autonomy as men. “My interest in this was unrelated to any particular issue,” he said. Naturally, he also blamed the declining trust in the court not on the appointment of people credibly accused of sexual assault (which they deny), or the revelation that at least one of them is married to someone who tried to have the 2020 election overturned, but on the left.

 

“It’s no wonder that by politicizing the Supreme Court, like the political left has, including the Democratic leader of the Senate—it would affect their approval ratings. That needs to stop,” McConnell said. “The president, who knows better, set up a commission to study the composition of the court. The Supreme Court is not broken and doesn’t need fixing.” Unsurprisingly, the GOP leader refused to say what he would do if Republicans take back the Senate and Joe Biden has an opportunity to nominate another justice, though, of course, it should already be clear. “How that plays out on individual confirmations or legislation, I’m not prepared to announce today, but we are going to see where we can cooperate,” he said, unconvincingly.

 

Rand Paul does another solid for his pal Putin

pastedGraphic.png

Texas continues its war on trans kids

Per NPR:

 

In a unanimous ruling on a controversial issue, the Texas Supreme Court on Friday has cleared the way for the state child welfare agency to resume investigating parents and doctors who provide gender-affirming care for trans youth—actions that Governor Greg Abbott has equated to child abuse. It’s a blow to Texas families with transgender children, some of whom are departing the state or considering moves because of the threat of these investigations.

 

The ruling overturns a lower court’s injunction from March 11, barring state officials from pursuing Abbott’s February 22 directive that instructed the Department of Family and Protective Services to investigate “any reported instances” of a range of treatments and procedures, including the administration of hormones and puberty-blocking drugs. The parents of a transgender teen sued to stop the investigations, and in early March, District Judge Amy Clark Meachum issued a temporary order halting an investigation into the parents of the 16-year-old girl. Meachum later issued another order at the statewide level, temporarily blocking all such investigations stemming from Abbott’s directive.

 

In February, after Abbott issued his directive, the White House told The Dallas Morning News: “Conservative officials in Texas and other states across the country should stop inserting themselves into health care decisions that create needless tension between pediatricians and their patients. No parent should face the agony of a politician standing in the way of accessing life-saving care for their child.”

 

Sam Alito’s former Princeton classmate doesn’t think too highly of him

 

Millions of people have that in common with her. Per CNN:

 

Susan Squier, a former classmate of Supreme Court Justice Samuel Alito at Princeton University and who organized a letter protesting a leaked draft opinion that would overturn Roe v. Wade, on Thursday said she was stunned and called it “a greatest hits of misogyny.”

 

“When I read the document—I read all 98 pages of it, and mind you, I’m trained as a scholar of literature and medicine, and I look at nuance. And when I saw that he had smuggled into the document the wording from the Mississippi Gestational Age Act, which, as I understand it—now, I’m not a lawyer—but isn’t even law yet. And he was referring to unborn children rather than fetuses. I was just stunned,” Squier told CNN’s John Berman on New Day. “I mean, I have read a lot of medical history going back for doing literature and medicine, and his is like a greatest hits of misogyny.”

 

“He doesn’t consider the context,” Squier continued. “And this man was a historian at Princeton. He was a double major in history and poli sci. But it is as if he doesn’t believe history actually involves a record of things changing. Instead, it is history as, ‘let’s go back to the Salem witch trials.’ It makes me so angry.”

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

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Of course there is no causal connection between the U.S. nationwide formula shortage and providing the necessities of life to those in the DHS “New American Gulag.”

Nor are these asylum applicants illegally present in the U.S. Most were allowed in to pursue their legal right to asylum, after having been found to have a “credible fear.” Indeed, the “illegality” here is the DHS’s failure to recognize and carry out our legal and moral obligations to give all asylum seekers a fair opportunity to present their claims before impartial expert adjudicators.

Additionally, starving asylum seekers’ children would not in any way address the national shortage of formula. No, it would just be another gratuitous act of cruelty motivated by hate and racism. In other words, standard GOP policies. 

🇺🇸Due Process Forever!

PWS

05-15-22

🤮 UGLY HISTORY OF RACISM & BIAS INFECTS U.S. REFUGEE RESPONSES!

Laura Alexander
Dr. Laura Alexander
Goldstein Family Chair in Human Rights
Assistant Professor
U. of Nebraska-Omaha
PHOTO: UNO

https://theconversation.com/how-race-and-religion-have-always-played-a-role-in-who-gets-refuge-in-the-us-181700?utm_medium=email&utm_campaign=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632&utm_content=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632+Version+B+CID_a6f7cc645a264986686de82dd759a5c6&utm_source=campaign_monitor_us&utm_term=How%20race%20and%20religion%20have%20always%20played%20a%20role%20in%20who%20gets%20refuge%20in%20the%20US

From The Conversation:

How race and religion have always played a role in who gets refuge in the US

Laura E. Alexander Published: April 28, 2022 8.21am EDT

pastedGraphic.png

Ukrainian refugees wait near the U.S. border in Tijuana, Mexico. AP Photo/Gregory Bull

In the weeks since Russia invaded Ukraine, millions of Ukrainians have fled the country as refugees. Hundreds of those refugees have now arrived at the southern border of the United States seeking asylum, after flying to Mexico on tourist visas.

At the border, Ukrainians, alongside thousands of other asylum seekers, must navigate two policies meant to keep people out. The first is the “Migrant Protection Protocols,” a U.S. government action initiated by the Trump administration in December 2018 and known informally as “Remain in Mexico.” The second is Title 42, a Centers for Disease Control and Prevention directive crafted in 2020, ostensibly to protect public health during the COVID-19 pandemic. The directive expels all irregular immigrants (those without permanent residency or a visa in hand) and asylum seekers who try to enter the U.S. by land.

On March 11, 2022, however, the Biden administration provided guidance allowing Customs and Border Protection officers to exempt Ukrainians from Title 42 on a case-by-case basis, which has allowed many families to enter. However, this exception has not been granted to other asylum seekers, no matter what danger they are in. It is possible that the administration may lift Title 42 at the end of May 2022, but that plan has encountered fierce debates.

The different treatment of Ukrainian versus Central American, African, Haitian and other asylum seekers has prompted criticism that the administration is enforcing immigration policies in racist ways, favoring white, European, mostly Christian refugees over other groups.

This issue is not new. As scholars of religion, race, immigration, and racial and religious politics in the United States, we study both historical and current immigration policy. We argue that U.S. refugee and asylum policy has long been racially and religiously discriminatory in practice.

Chinese asylum seekers

Race played a major role in who counted as a refugee during the early years of the Cold War. The displacement of millions fleeing communist regimes in Eastern Europe and East Asia created humanitarian crises in both places.

Under significant international pressure, Congress passed the 1953 Refugee Relief Act. According to historian Carl Bon Tempo, in the minds of President Dwight Eisenhower and most lawmakers, “refugee” meant “anticommunist European.” The text and implementation of the act reflected this. Of the 214,000 visas set aside for refugees, the law designated a quota of only 5,000 spots for Asians (2,000 for Chinese and 3,000 for “Far Eastern” refugees). Ultimately, approximately 9,000 Chinese (including 6,862 Chinese wives of U.S. citizens who came as nonquota migrants) were admitted under the 1953 refugee law, compared with nearly 200,000 southern and eastern Europeans, over the next three years.

Racial prejudice impacted the international response to refugees as well. By the late 1940s and early 1950s, United Nations officials had declared the displaced population in Europe a humanitarian crisis and appealed to the international community to relieve these pressures by accepting refugees. Over the next decade, Western nations including the U.S., France and Great Britain received millions of displaced Europeans as part of a larger Cold War public relations strategy to contain the Soviet Union and demonstrate the superiority of Western capitalist societies to life behind the Iron Curtain.

Millions of ethnic Chinese displaced by the 1949 Communist Revolution were not greeted so kindly. In the early 1950s, Hong Kong’s population tripled due to mainland Chinese fleeing civil war and communist rule, triggering a crisis. Most Western countries, however, continued to exclude Chinese and other Asians from immigrating and made few exceptions for refugees.

In the United States, exclusionary provisions that barred Asians from immigrating as “aliens ineligible to citizenship” would not be removed from immigration law until the 1965 Immigration Act.

Haitian asylum seekers

The first Haitian asylum seekers, who are overwhelmingly Black, attempted to reach the U.S. in boats in 1963 during the dictatorship of Francois Duvalier. It was a period of great economic inequality and severe violent repression of political opposition in Haiti.

pastedGraphic_1.png

Haitian refugees who were intercepted by the U.S. Coast Guard returning to Port-au-Prince after being repatriated in 1992. AP Photo/Daniel Morel

Between 1973 and 1991, more than 80,000 Haitians tried to seek asylum in the U.S. The U.S., however, consistently attempted to intercept and turn back boats carrying Haitian asylum seekers to avoid having to hear their cases.

In the 1980s and 1990s, nearly every single Haitian who tried to request asylum was either denied or turned away. Some disparities between asylum rates could be explained by political factors, particularly the U.S. government’s interest in prioritizing refugees from communist countries.

However, the U.S. District Court for the Southern District of Florida and the 11th Circuit Court both found, in Haitian Refugee Center v. Civiletti and Jean v. Nelson respectively, that racial discrimination could be the only reason for such strikingly different outcomes for Haitians. In Jean v. Nelson, the 11th Circuit heard evidence from plaintiffs that there was a less than two-in-1 billion chance that Haitians would be denied parole so consistently if immigration policies were applied in racially neutral ways. Both courts also noted the differences in outcomes of asylum claims between Cuban refugees, who were predominantly white, and Haitian refugees.

In the same time period, even while Black Haitian asylum seekers were being turned away, European immigrants, who were primarily white, received preference in the Diversity Visa system created by the Immigration Act of 1990. Northern Ireland, for example, was designated as a separate country from the United Kingdom, and 40% of “diversity transition” visas allocated during 1992 to 1994 were earmarked for Irish immigrants.

Similar accusations of racism and discriminatory treatment have surfaced over the last several months as Haitian asylum seekers at the U.S.-Mexico border have been forced onto flights to Haiti and have faced degrading treatment.

Syrian refugees and the Muslim ban

Beginning in January 2017, President Donald Trump issued a series of executive orders described by many refugee advocates as the “Muslim Ban.” The ban suspended the entry of people from majority-Muslim countries, including Syrians, and limited the number of refugee admissions of several majority-Muslim countries.

pastedGraphic_2.png

Few Syrian refugees were allowed into the U.S. In this photo, Syrian refugees wait to be approved to get into Jordan. AP Photo/Raad Adayleh, File

Syrian refugees, most of whom fled the Syrian civil war that began in 2011 and violence by the Islamic State, were specifically targeted in the Muslim Ban.

A February 2017 version of the Muslim Ban claimed that Syrian refugees were “detrimental to the interests of the United States and thus suspend[ed]” from admission, with few exceptions. This contributed to a significant decrease in the number of Syrian refugees – from 12,587 to 76 between financial year 2016 to 2018.

Research shows that religion, particularly Islam, is used to create symbolic boundaries of racial distinction in order to promote immigration enforcement goals. Specifically, the government attempted to justify an exclusionary refugee policy based on race and religion by implicating Muslims and refugees in terrorism, as Trump did in speeches, even calling Syrians the “trojan horse” for terrorism.

International agreements for refugees and asylum seekers clearly state that admissions should be based on need. In principle, U.S. law says this as well. But these key moments in United States history show how race, religion and other factors play a role in determining who is in, and who is out.

While refugees from the war in Ukraine deserve support from the United States and other countries, the contrast between the treatment of different groups of refugees shows that the process of gaining refuge in the United States is still far from equitable.

[Explore the intersection of faith, politics, arts and culture. Sign up for This Week in Religion.]

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

Yup!

And, the ongoing grotesque abuses of Title 42 to target refugees of color is Exhibit A! So, why are some “tone deaf” Democrats advocating this racist action?

  • Because the polls tell them is “politically expedient” to favor racism?
  • Because racism at the border and in the immigration system are thought to be “below the radar screen?” 
  • Because dead refugees of color “don’t matter?”
  • Or, put another way, because the lives of refugees of color don’t matter? 

🇺🇸Due Process Forever!

PWS

05-02-22

🏴‍☠️ PARALLEL UNIVERSE — TRUMP JUDGE ELEVATES FABRICATED “STATE HARM” OVER HUMAN LIVES, RULE OF LAW, & HUMAN RIGHTS! 🤮

Arizona v. CDC, W.DLA

https://storage.courtlistener.com/recap/gov.uscourts.lawd.188754/gov.uscourts.lawd.188754.37.0_3.pdf

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

So, the DHS can’t make advance preparation for orderly resumption of legal processing for asylum seekers? Clearly fabricated “harm” over human lives and human rights? Ignoring the well-documented record of deadly harm inflicted on those seeking asylum by lawless Title 42 enforcement? Racist actions by a U.S. District Judge specifically directed against Hispanic migrants from the Northern Triangle? No realistic connection whatsoever to “public health?” Obviously this is a scheme by an unqualified Federal Judge and White Nationalist GOP state AGs to end asylum law at the border!

The problem: They are  getting away with it!

🇺🇸 Due Process Forever!

PWS

04-28-22

 

🗽 BORDER MAYORS WELCOME END OF TITLE 42, STAND UP FOR RIGHTS OF REFUGEES, WHILE RIPPING FALSE NARRATIVES OF FEAR BEING SPREAD BY GOP AND SOME DEMS! — “We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees.”

https://thehill.com/latino/3462471-two-border-mayors-come-out-in-support-of-ending-title-42/

Rafael Bernal reports for the Hill:

. . . .

But Romero and Mendez criticized Democrats who embrace a rhetoric of border security versus immigrant rights.

Biden administration lays out post-Title 42 border plan

Title 42 looms over Biden meeting with Hispanic Democrats

“Instead of caving into the anti-immigrant rhetoric of the Republicans, Congress should work on real immigration reform that doesn’t exploit an arcane public health authority to deny people their basic, human right to seek asylum,” they wrote.

And the two mayors painted an optimistic picture of border management where security is not at odds with proper asylum management.

“Our offices are working closely with the Biden Administration and with various community organizations on the ground to ensure that there are resources in place to execute a comprehensive plan to process asylum seekers, crack down on cartels, and establish appropriate COVID-19 protocols. We must remain steadfast in our work to provide refuge to those fleeing persecution and violence in their home countries, just as our European allies are doing with Ukrainian refugees,” Romero and Mendez wrote.

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

Read the complete article at the link.

Hats off to Mayor Romero (Tucson) and Mayor Mendez (Brownsville) for standing up for the rule of law and human decency and pushing back against false xenophobic rhetoric from both the GOP nativists and their “values challenged” Dem “fellow travelers.”  

Remarkably, Moldova, a small, poor country living in the shadow of Russia has stepped up in ways that should embarrass cowardly Repubs and their Dem enablers. Moldova has taken the largest per capita number of Ukrainian refugees. https://www.nbcnews.com/news/world/refugees-flee-moldova-russias-shadow-looms-large-rcna25529

🇺🇸Due Process Forever!

PWS

04-27-22

☠️🏴‍☠️👎🏽TRUMP JUDGES MAKING RULE OF LAW A FARCE: It’s Weeks From May 23, But Righty Judge Already Planning To Shaft Vulnerable Asylum Seekers!🤮  

Rebecca Beitsch

Rebecca Beitsch @ The Hill:

A federal judge in Louisiana says he intends to block the Biden administration’s plans for rescinding Title 42, siding with GOP-led states that had asked for the courts to force the White House to temporarily retain the pandemic-era border policy.

The decision from Judge Robert Summerhays, an appointee of former President Trump, will prevent the Biden administration from carrying out its plans to end Title 42 on May 23 and once again allow migrants to seek asylum.

The order, though temporary, is a victory in a suit initially filed by Louisiana, Missouri and Arizona that now includes some 20 GOP-led states.

It’s not yet clear what the terms of the order will be, as a summary of the hearing — which was not open to the public — said “the parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

. . . .

************* 

Read the complete report at the link.

What’s wrong with a system where scofflaw judges undermine, rather than stand up for, the rule of law and the most vulnerable among us? The word “cowards” comes to mind!

🇺🇸Due Process Forever!

PWS

04-25-22

🤯 BIDEN’S MUDDLED “NEW” UKRAINIAN REFUGEE POLICY FAVORS WHITE GUYS OVER OTHERS — But, Ukrainian Refugees At Border Will Soon Be Shafted Like Non-Whites! — The Farce Continues As Humanity Suffers!🤮

Ben Fox for AP:

https://www.huffpost.com/entry/us-ukraine-refugees-immigration-border_n_62615daee4b09c32edf97761

. . . .

U.S. officials say a majority of the Ukrainian refugees want to stay in Eastern Europe because they have family fighting in the war and eventually hope to return home.

Advocates have said the U.S. should take far more than 100,000 refugees and do more to expedite the process.

To qualify for admission to the U.S. under the new expedited program, officially known as Uniting for Ukraine, people must have been in Ukraine as of Feb. 11; have a family sponsor in the United States; complete vaccinations and other public health requirements and pass background checks.

Typically, they would start the application process in their home country, but that’s no longer possible because the U.S. pulled its diplomats from Ukraine. The State Department will expand resettlement operations in Eastern Europe under the new program to compensate.

Most will receive two years of residence and authorization to work in the United States under what’s known as humanitarian parole. Those who coming to the U.S. through the formal refugee process, including thousands who will come as members of religious minority groups, will have permanent legal residency.

It will be a streamlined process in Europe, but refugees won’t be able to complete it in Mexico, senior administration officials told reporters, speaking on condition of anonymity to discuss the program before the public announcement.

Instead, Ukrainians who show up at the border will generally be turned away without being able to apply for asylum under a public health order known as Title 42 that has been in place since the start of the pandemic in March 2020.

The Centers for Disease Control and Prevention has said the use of Title 42, which has been used to turn away more than 1.7 million people, is set to end May 23. The agency is under pressure to keep it in place not to control COVID-19, as it was supposedly intended, but to help ease an increase in migrants seeking to cross the border.

Critics of the use of Title 42 at the border have pointed out that it denies people their right under U.S law and international treaty to make claims for asylum and forces migrants to return to dangerous conditions in Northern Mexico and elsewhere.

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

Read the full article at the link.

Actually, although you wouldn’t know it from the Biden Administration’s bizarrely twisted policies, an “asylee” is a “refugee” who shows up at our border and seeks admission. Except that we eliminated our asylum program at the border without any legislative repeal. Got that?

White Ukrainian refugees who came to the border because we had no functioning refugee program in Europe have been admitted over the past few weeks, racing ahead of non-White refugees who have been stuck in Mexico under the Administration’s ill-advised, immoral, and illegal continuation of Stephen Miller’s bogus Title 42 charade aimed at barring refugees of color. Now the Biden Administration proposes to treat Ukranians at the Mexico-U.S. border just as horribly as it does Haitians, Central Americans, and African refugees.  

But, perhaps not quite as badly. They probably won’t be able to “orbit” them back to torture and death in Ukraine because of logistics, if for no other reason.

Ironically, in a relatively short period of time, humanitarian organizations had put together a program for the orderly screening and admission of Ukrainian asylum seekers whom the Administration quickly found a way to “exempt” from their Title 42 charade.

Logic might suggest that such a program could be expanded to non-Ukrainian refugees at the border. But, logic, common sense, courage, and expertise play little role in Biden Administration human rights policies. Instead, the Administration has just mindlessly decided to screw everyone at the border, with some largely unprincipled exceptions, until May 23, when they might, or might not, begin following the law again. 

Wonder how politicos of both parties will react as Ukrainians at the southern border are now left to “twist in the wind” as if they were “mere refugees of color?” That’s likely to lead to some pretty ugly media coverage.

Honestly! Is this any way to “run the railroad” with human lives at stake?

🇺🇸Due Process Forever!

PWS

04-22-22

 

🗽⚖️👍🏼GW CLINIC SAVES ANOTHER REFUGEE LIFE — But, It’s A Sobering Example Of The Type of Person Who Will Be Left To Die At Our Borders If Feckless, “Miller Lite” (Or, “Miller Genuine?”) Dems Are Able To Persuade Biden To Kill Asylum For Good  & Join GOP’s Racist Abrogation Of Rule Of Law! — Progressives Need To “Push Back Hard” On Latest Dem Cowardice & Nonsense — Insist On Restoration Of Rule Of Law For ALL Asylum Seekers @ Border!

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera

“I really do not find enough words to let you know how grateful I am to all of you for your wise and timely guidance at all times and for the dedication and commitment that you assumed from the first moment towards our asylum case.”

Please join me in congratulating Immigration Clinic client T-G and her son F-P, from Venezuela, and their student-attorneys Karoline Núñez, Samuel Thomas, Alexandra Chen, and Jeremy Patton. The clients’ asylum application was filed April 28, 2017, their interview at the Asylum Office was on November 1, 2021, and the grant was issued March 21, 2022. T-G received the grant yesterday.

T-G is a survivor of domestic violence at the hands of her husband. He’d punch T-G, force her to have sexual relations, infected her with a STD, and he blamed her for their daughter’s neurological issues. Their daughter contracted Zika but was unable to receive the appropriate treatment because T-G was not a supporter of the Maduro government. Their daughter died at age 14.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

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Many congrats to the GW Immigration Clinic and all the GW All-Stars! 🤮⚖️

Let’s get behind the intentional dehumanization and the chronically misleading “numbers” being thrown around by nativists, some so-called “moderate” Dems, and the DHS. Put a “human face” on our nation’s dereliction of legal duty and abandonment of values at out Southern border.

Suffering at the Border
The Faces Of Human Suffering @ Our Border
PHOTO: The Guardian

This case is a compelling example of the types of refugees, many women and children and most people of color, who are stuck at our Southern Border as illegal suspension of asylum laws, based on racially- motivated bogus “public health” grounds grinds on. With some legal assistance and a fair and orderly system in place, many of those waiting could qualify for asylum if given a fair chance under the law. 

Access to the asylum system, representation, and fair and impartial adjudication are essential to success. Right now, the Biden Administration is denying all three.

Now, more amoral and weak-kneed Dems are urging Biden to kill asylum and refugees of color along with it by “delaying” the long overdue resumption of legal asylum processing at the border for another “60 days.” https://www.forbes.com/sites/joewalsh/2022/04/18/more-democrats-criticize-biden-for-plan-to-end-trump-era-border-restrictions/?sh=68b608c251d8  

Make no mistake, this disingenuous action would kill asylum for good! These guys don’t even have the guts to admit that they are now carrying out Stephen Miller’s xenophobic war on immigrants and refugees of color.

  • Biden ran on an elimination of Title 42 and restoration of the legal asylum process. If 18 months after the election they lack a “plan,” there is no reason to believe that 60 more days would make a difference. It’s now or never!
  • 60 days would bring us even closer to the mid-terms. If Dems are scared to follow the law now, that’s not going to improve as the midterms get even closer. 
  • You can be sure that once the midterms are past, particularly if Dems get “blown out” as they fear, they will claim that the time “isn’t right” for any immigration “reform” (although, following the law is hardly a real “reform”) in advance of the 2024 election. If the GOP wins in ’24, the effective elimination of legal immigration — with or without legislation — will be finalized.
  • This has nothing to do with COVID at this point. It never really did. It was always about finding a pretext to close the border and keep it closed — at least to non-White refugees. But, since COVID constantly mutates, there will always be some sort of “COVID emergency” out there for the foreseeable future. 
  • Asylum applicants have NOT been a significant source of COVID. They are far less of a threat to our health, safety, and security than GOP “magamorons” who eschew vaccination and basic public safety precautions. The Biden Administration should have a plan in place to insure that asylum seekers are tested and if necessary vaccinated before admission.
  • If we have no legal asylum system at the border, no functional refugee system abroad, and no hope for the future, the only way for individuals to seek protection will be by using smugglers to enter illegally and then hoping to “lose themselves” in a burgeoning “extralegal population” throughout out America. Once we abandon any pretext of a legal system for asylum seekers, the border will get further and further out of control. That will add to the GOP’s claims that more and more cruel, draconian, and punitive measures are necessary. But, they won’t stop desperate people from attempting entry until they either succeed or die in the process.
  • Contrary to the misguided blather of some Dems, there will never be a better time for Dems to support asylum seekers. They are concentrated in border areas, and eager to have their claims heard. Orderly processing and admitting as many as qualify, in a period of artificially reduced migration, would help the economy, raise tax revenues, and address supply chain issues. If not now, when?
  • Restoring asylum law is a legal requirement, not a “strategy,” “policy,” or “political choice.” If Dems turn their backs on the rule of law, what makes them different from the GOP?

If this divisive nonsense and backsliding on basic constitutional, racial justice, and social justice issues continues, progressive Dems are going to be faced with having to make a decision about the party’s future.

Progressive Dems make up a key part of the party’s core base and a disproportionate amount of the “boots on the ground, grass roots enthusiasm.” Republicans aren’t going to vote for Dems, no matter how xenophobic, hateful, and racist Dems are toward migrants. So-called “independents,” are neither going to fill the Dems coffers nor pound the pavement and work the phone lines to “get out the vote.”

So, arrogant “Title 42 Dems” are assuming that they can “spit on” immigrant justice, racial justice, economic justice, and social justice and that their “core support” among progressives won’t diminish because they will always be preferable to “Trump Republicans.”  

All in all, it’s a “big middle finger” to progressives and their social justice agenda. That’s an agenda that Biden actually successfully ran on. 

If progressives really believe in a pro immigrant, pro rule of law, racial justice agenda, then they need to stand up to the backsliders and let them know that there will be real consequences of yet another “sellout of immigrants’ rights.” We’ll see whether progressive Dems have more backbone and courage than their “Title 42/Miller Lite wing.”

This morning, a WashPost editorial correctly pointed out that Ukrainian refugees “couldn’t afford to wait” for the Biden Administration to get its act together. https://www.washingtonpost.com/opinions/2022/04/19/united-states-ukraine-refugee-effort-slow-start/

But, the Post badly missed the larger point — NO refugee can afford to wait, be they White Ukrainians, Black Haitians, Cameroonians, and Congolese, or Latinos from the Northern Triangle, Venezuela, and Nicaragua! Our obligations to asylees are not supposed to be “race-based!”

The U.S. has had a legal refugee and asylum system for more than four decades. During that time, Congress has made several amendments of the law to allow DHS to rapidly process and summarily remove those appearing at the border who, after prompt expert screening by Asylum Officers, cannot establish a “credible fear” of persecution. 

Restrictionists and shamefully some so-called moderate Democrats, and sometimes CBP, seem to have conveniently “forgotten” that the law was designed to deal fairly and promptly with so-called “mass migrations” long before the advent of the bogus Title 42 charade.

For some periods during the 40 years since the enactment of the Refugee Act of 1980, the U.S. has run functional refugee and asylum programs. Not “perfect” or perhaps even “optimal,” but “functional.”

They have done this by employing experts, cooperating with NGOs (domestic and international), and building resettlement and support systems spearheaded by NGOs, using Government grants, and promoting teamwork and coordination with states and localities.

It has only been when Administrations of both parties have mindlessly turned away from human rights experts and followed the misguided and tone-deaf gimmicks advocated by nativists and apostles of “enforcement only deterrence” that the legal systems for refugees and asylees, and efficient, humane border enforcement, have fallen into disorder.

While refugee and asylum laws could undoubtedly be improved, contrary to the media blather and nativist grandstanding, we have the basic legal framework to deal with the current refugee and asylum situations at our borders and beyond. The question is whether the Biden Administration and Dems have the will, vision, competence, and willingness to cooperate with human rights experts to fix the mess intentionally created by Trump and return human decency, competence, and the rule of law to our borders! If not now, when?

🇺🇸Due Process Forever!

PWS

04-19-22

 

🤯PROGRAMMED TO FAIL: Biden Administration Apparently Has No Intention Of Using New System They Created & Touted To Make Asylum Work @ Border — Bogus Claim Of “No Resources” Shows Extreme Lack Of Competence, Creativity, Urgency!

Alfred E. Neumann
AG Garland’s approach to Immigration Court reform seems to be the Administration’s “blueprint” for what happens on May 23!
PHOTO: Wikipedia Commons

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=e82dbea7-66e2-4617-93e2-42b7c8f8b4df

Elliott Spagat
Elliot Spagat
Reporter
Associated Press

Elliot Spagat and Paul J. Weber report for the AP:

. . . .

Last month, the Biden administration unveiled a long-discussed and potentially significant change to expand authority of asylum officers to decide claims, not just initial screenings. It is designed to decide cases in months instead of years, but officials say there are no additional funds for its launch, expected in late May, and to expect a slow start.

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Read the complete article at the link.

A “slow start” = DOA! If you’re not going to use it to make asylum work at the Southern Border after the lifting of the Title 42 blockade, when are you going to use it? There are ways that a competent Government could have made this work. 

Why push for and tout a change you’re not fully prepared to implement? How come with 16 months to solve a “day 1” problem they campaigned on (for Pete’s sake), the Biden Administration is still “shooting blanks?” 

Former insider tip: There are always resources and methods to deal with the “really important stuff” in Government. I was involved in numerous “immigration emergencies” over several decades as a Government executive and manager under Administrations of both parties. I never remember telling anyone or being told “we can’t afford that.” It was always a question of “make it happen,” and we’ll worry about how to pay for it later. So that tells you where an orderly asylum system at the border ranks in this Administration.

As May 23 approaches, the inexcusable failure to reform the Immigration Courts to bring in and empower competent practical scholars with the skills to make the asylum system work in a fair, efficient, manner driven by due process is likely to loom larger and larger, despite Garland’s concerted effort to ignore it. “Expedited dockets,” relying on judges who barely know how to grant asylum, let alone move grants fairly and efficiently through the system, is NOT going to solve the problem.

Actually, a minimally competent Administration could have worked with NGOs over the past month to identify, screen, prioritize, and informally process grants, screen the refugees for COVID, and parole them in under Title 42 exceptions to have their grants “finalized” by Asylum Offices in the U.S. on or shortly after May 28. 

But that would take folks with some imagination and the expertise to run rational “expedited procedures” rather than the clueless, backlog enhancing, “Clown Show” 🤡 that Garland and Mayorkas have employed to date! 

It would also take officials who really believe that legal asylum is a right and a key part of our legal immigration system that should be embraced, not feared, shunned, and disabled. Obviously, that belief is lacking among the Biden politicos.

Expediting grantable asylum cases without having to go through the Immigration Courts was what the Asylum Offices originally were created to do. But, it appears that the Biden Administration views the Asylum Office more as a potential “denial assembly line” that will move more quickly than the malfunctioning “denial factory” that Sessions and Barr constructed in the Immigration Courts and that Garland has, inexplicably, retained in its “weaponized against asylum seekers” structure and staffing.   

“White Guy” cases, like Ukrainians, presumably can be whisked through the new system to success. Meanwhile, “Nonwhite cases” can be killed off rapidly and then assigned to “denial judges,” with records of faithfully killing most asylum cases, to “shoot anything that might still be moving.”

That process doesn’t appear geared to garner much assistance from the only groups who could actually “bail the Administration out” at the border —  NGOs and asylum experts. But, despite the human rights rhetoric when seeking votes in 2020, this Administration appears to be more committed to external chaos, protestations of helplessness, and finger-pointing than it does to creative problem-solving and running a fair, functional legal asylum system.

But, I repeat myself, to no avail.

🇺🇸Due Process Forever!

PWS

04-17-22