"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Alex Nowrasteh Vice President for Economic & Social Policy Studies Cato Institute
Tea writes:
Editor’s Note – August 2023
Dear Reader,
America is built on the drive and determination of immigrants. Even though immigration is one of America’s founding principles, it remains one of the most hotly contested social and political issues of modern times. This ongoing debate is fueled by a number of negative myths about immigrants that have taken root in society.
This month, we are committed to busting the common political, economic, and demographic myths about immigration. We examine how these myths have taken root in our society, how they spread, and what can be done to change the narrative on immigration.
For this month’s issue, we spoke with Alex Nowrasteh, the Vice President for Economic and Social Policy Studies at the Cato Institute. Alex is one of the leading voices when it comes to immigration policy.
Hope you gain new insights,
Téa
Watch “Tea’s Coffee” where she interviews Alex Nowratseh here:
Alex says there are three things we can do to combat the myths and lies being spread by the nativist/restrictionists:
Recognize the humanity of immigrants and their legal rights under our laws;
Emphasize that immigrants compliment, rather than compete with, us;
Point out that the “border chaos” is largely the result of bad laws and failed deterrence policies rather than the fault of immigrants.
By contrast, you can spot the bogus restrictionist/nativist myths a mile way because they:
Dehumanize immigrants by falsely reducing them to “statistics, numbers, apprehensions, beds, costs, graphs, and charts;”
Make the bogus claim that our economy is a “zero sum game” where every additional immigrant means “less of the pie” for you or me — a claim which is demonstrably false because people and immigration are what have allowed us historically to expand our economy so there potentially will be more for everyone (provided that those at the top don’t grab a disproportionate share for themselves);
Promote the myth of “just get in line” when there in reality is no line for most to get in because of the unduly restrictive nature of our laws and their poor administration by successive Administrations. They ignore the reality that robust migration is here to stay. The real choice is whether or not we want realistic laws and policies that recognize and harness that reality or instead continue to reward smugglers, enrich jailers, and force millions of migrants into the “extralegal” underground economy where they can not contribute fully economically or politically.
Haley Sweatband Edwards Nation Editor Time Magazine PHOTO: Pulitzer
As another “myth debunker,” Time’s Haley Sweetland Edwards, said:
These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.
“And the winner was . . . .” PHOTO: Clown Civertan.jpg, Creative Commons License
“Governments must act rationally!” Certainly, neither Trump nor any of the GOP clowns 🤡 seeking to be him are “rational actors” on immigration, the economy, infrastructure, education, individual rights, or anything else of importance to our nation. Indeed, the ignorance, indecency, irrationality, and bias exhibited during the so-called “GOP debate” was beyond appalling, despite the media’s pathetic attempts to “normalize” idiocy. Six folks afraid to say “hypothetically” that they would vote for someone OTHER than a convicted felon who made totally baseless claims that he won the 2020 election! Gimmie a break! (I’m certainly not the only one impressed by the disturbingly low quality of the GOP “field.” See, e.g.,https://www.huffpost.com/entry/larry-hogan-gop-candidates-trump-conviction-question_n_64e82302e4b0a2a9abc4bdc0).
Tea Ivanovic — an amazing immigrant entrepreneur and inspirational leader who is on Forbes’s list of “30 under 30” — is a stellar example of how immigrants of all types — from those at the border to those in boardrooms — make America better! See, e.g.,
Tea Ivanovic Co-Founder Immigrant Food PHOTO: VA Tech
TÉA IVANOVIC ’14
Co-Founder, Immigrant Food
I’m a co-founder and Chief Operating Officer of Immigrant Food, a Washington D.C.-based restaurant startup that ‘marries’ innovative gastronomy with social advocacy. Immigrant Food currently has three locations in the D.C. area, and has received notable recognitions (Fast Company’s World Changing Ideas 2019, Ayuda’s Advocate of Change Award 2022, etc) for its innovative cause-casual model of integrating a social justice component into the business model since inception. I also moonlight as a commentator at Altamar, a well-respected independent international affairs podcast.
Where you’ve been in your career and where you are going…
My professional career includes creating and implementing strategic communications for international policy and politics at a Washington D.C. think tank, and global financial matters at a financial public and media relations firm. I was the first Washington Correspondent for Oslobodjenje, one of the oldest and most prominent news outlets in the Balkans. I was born in Belgium to parents from the former Yugoslavia and recruited to the United States by Virginia Tech’s Division 1 Varsity tennis team. I graduated with a master’s degree from the Johns Hopkins’ School of Advanced International Studies (SAIS). In 2022, I was named on the prestigious Forbes 30 Under 30 List, Washington Business Journal’s 25 Women Who Mean Business, FSR’s 40 Restaurant Stars on the Rise, and DC Fray’s 8 Trailblazing Women in Hospitality.
How would you capture the essence of your work in a newspaper headline…
Disruptive Food Startup Incorporates Gastronomy and Advocacy
How Virginia Tech equipped me for the ‘real world’…
The experience of having met people from around the world (and around the U.S.) who were fellow students, and having played tennis on a competitive varsity team dealing with the ups and downs of winning and losing, gave me a taste of the complexities of the real world. I’m so grateful for that.
A key habit, practice, or skill that’s worth the effort…
Waking up early and visualizing your day. Preparation is a huge part of getting things done, and keep going.
Biggest misconception about my job or industry…
I think the hospitality industry often gets a reputation of hard work for minimal pay – and many people almost look down upon servers or line cooks. In fact, the restaurant workers are some of the most resilient, intelligent and dynamic people out there!
My favorite quote…
“If you don’t like something, change it. If you can’t change it, change the way you think about it.” — Mary Engelbreit
My hidden talent…
Remembering people’s birthdays
The work project/initiative you’re most excited about…
Immigrant Food is my passion project, and I’m excited to see where we go from having grown to three locations in Washington, D.C. during the pandemic. We opened in November 2019, just mere months before the pandemic hit. Through hard work and dedication we managed to expand, and we are looking to continue growing in the years ahead.
Fondest Virginia Tech memory or tradition…
Jumping at Enter Sandman, duh!
Best part of being a Virginia Tech alum…
The vast alumni network, and always being able to call Blacksburg home!
Words of encouragement to a current Virginia Tech student…
Virginia Tech is a special place. Cherish the experiences, challenge yourself, and expand your network. The moments don’t last forever, but you’ll always look back at the memories you made and the lessons you learned.
A cause I’m most passionate about…
Immigration, of course. It’s the reason I’m here, and it’s the reason America is one of the greatest countries in the world.
Last book I read…
Adultery, Paulo Coelho
If I had a superpower, it would be…
Being invisible. Not because I want to hide – just imagine all the awesome places I could witness!
The most formative experience I’ve had…
Dealing with people who don’t believe in me. You think about the mentors in your life, the advisors and the incredible people who have shaped you. But I’m also grateful to those who have challenged me, who didn’t believe in me, who may have even tried to tear me down. I’m so much stronger because of them. I may not have realized it at the time, but those experiences are some of the most formative of my entire life.
Hello friends,
As we move deeper into 2023, you may be, like we are, still
processing 2022 (or 2019, let’s be honest). For immigration, the
new year comes with its own challenges as a divided Congress
makes policy decisions difficult and a shift to the 2024 presidential
race takes hold. Nevertheless, we have to remain hopeful that
progress can still be made. And you can be part of that! To remind
yourself of what happened last year and learn what issues our
government can focus on, check out our special edition of Téa’s
Coffee where she goes to the Senate to meet New York Senator
Kirsten Gillibrand.
We hope you enjoy this issue as much as we do,
-The Immigrant Food Team
Check out the full issue
Several “quick takes” from Tea’s interview with Senator Gillibrand:
She has introduced an “Article I Immigration Court Bill” in the Senate and believes it’s the type of bipartisan initiative that might interest enough GOP legislators to form a “working bipartisan majority.” A similar bill introduced by Rep. Zoe Lofgren (D-CA) in the last House received a hearing and was favorably voted out of Committee, but was never taken up by the full House, see, e.g., https://lofgren.house.gov/media/press-releases/house-judiciary-committee-passes-lofgren-s-legislation-reform-us-immigration;
Sen. Gillibrand’s biggest fear for American democracy is “demonization and racism” of which immigrants and asylum seekers are prime targets;
She thinks the “biggest danger” comes from “White supremacist groups” — basically right-wing domestic terrorists.
Both Tea’s 2022 summary and the interview with Sen. Gillibrnd are well worth the watch and can be accessed at links above.
“Social Justice/Business/Courageous Leadership Dynamo”🌪 Tea Ivanovic was recently recognized as one of “Forbes 30 Under 30” by Forbes Magazine and a “Woman Who Means Business” by Washington Business Journal! She is an “NDPA New Generation Super-Star” 🌟 to watch, for sure! And, from a “DMV standpoint,” Tea is a proud Virginia Tech Hokie alum and a former varsity tennis player. Certainly, a person of unlimited talents who has chosen to use them for the public good! You can check out my previous “Courtside profile” of Tea here: https://immigrationcourtside.com/2022/09/10/🇺🇸🗽👍🏼-immigrant-nation-teas-truth-wisdom-americans-views-on-immigrants-and-immigration-are-overwhelmingly-positive/
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:
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.
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.)
Gary Sampliner is a director of JAMAAT (Jews and Muslims and Allies Acting Together) and a member of the Bethesda Jewish Congregation, which with Bradley Hills Presbyterian Church and the Maqaame Ibrahim Islamic Center is working to assist arriving migrants and asylum seekers. JAMAAT is a member organization of the Interfaith Immigration Coalition.
Gratitude might not be the reaction Texas Gov. Greg Abbott (R) was expecting when he began sending frequent busloads of migrants and asylum seekers to the greater D.C. area. But gratitude, warmth and a renewed sense of collective responsibility are the responses I have seen as D.C.-area organizations and faith communities (and, most recently, its government) have stepped up to welcome and support newcomers.
With Abbott’s bus initiative — a costly venture likely to be funded in large part by Texas taxpayers — we’ve seen an apparent strategy to inflict maximum pain on our region and score political points, using vulnerable people as weapons aimed at pressuring the Biden administration into taking more drastic measures to seal our nation’s southern border.
But, despite the deeply cynical nature of Abbott’s plans, we might actually owe him a debt of gratitude.
We know that providing transportation is one part of establishing a dignified reception system for people seeking safety, and we’ve witnessed repeatedly the long-term payoffs to our communities and nation when we offer support to those in need of refuge.
The D.C. area has been generous in welcoming migrants fleeing persecution. With community and government support, Virginia has been the third-highest recipient of recent Afghan refugees to the United States, and Maryland is not far behind. My own synagogue and the church and mosque with whom we share our building have been active in helping welcome Afghan refugees to the area since 2017. The Jewish-Muslim community organization I help to direct has been working to get other interfaith partnerships involved in similar efforts.
Afghan arrivals are not the only ones receiving a warm reception. With the help of some heroic community and faith groups — many of which are part of the Migrant Solidarity Mutual Aid Network — our area has mobilized quickly to welcome the migrants being bused here from the southern border. These tremendous efforts have demonstrated, yet again, the area’s commitment to extending welcome and hospitality to those in need.
As with the public-private, multisector approach used in Afghan and other refugee resettlements, we need all hands on deck to welcome new arrivals to the area. We need as many available resources as possible, including the support of local, state and federal governments, faith groups, nonprofit organizations and community volunteers.
It is heartening to see D.C. Mayor Muriel E. Bowser (D) now stepping up to the challenge and opportunity posed by the arriving migrants. On Thursday, she announced the establishment of an Office of Migrant Services, with an initial allocation of $10 million, to meet the needs of the migrants who are moving elsewhere or intending to reside here. As an official “Welcoming City,” D.C. government assistance should be an essential element of the response to welcome migrants to our region — especially considering that, as a majority of the D.C. Council has told Bowser, D.C. is expected to have a surplus of around $500 million in fiscal 2022 — even though D.C. has good reason to request Federal Emergency Management Agency reimbursement to help satisfy the overriding federal responsibility over immigration matters.
But the need for private and community support for the incoming migrants remains critical for their successful integration into our community. Though my organizations’ work with the Afghan community continues, we’ve begun to provide various types of assistance to the newcomers being bused here. We are pleased to see and strongly encourage fellow faith communities and groups around the area to join us in this important work of welcome and are pleased when they do. This is an opportunity to demonstrate the best of who we are in the face of unprecedented levels of forced dislocations worldwide.
The bottom line is this: If we want to continue to live up to our values, many more of us need to step up to assist the new arrivals. And if we can meet this challenge, we will set an example for the rest of our country to follow.
******************
One frequent mistake is to view this situation as “an emergency” or “temporary.” That leads to “short-term thinking” — throw some money at it, energize volunteers, and “hold the fort” until the so-called “crisis” subsides.
Problem is, money runs out, volunteers burn out or get called to pitch in on other issues, and the media turns its attention elsewhere. But, refugees and asylees will continue to come.
And, the better we treat our new arrivals, the more who will develop ties here and choose the DMV as their U.S. residence. While nativists like Abbott view this as a “crisis” and an “invasion,” I agree with Gary that it’s a great opportunity for us and these migrants. We’ve lived the DMV area for almost 50 years. Most of the growth and prosperity over that time can be linked, directly or indirectly, to recent immigrants, both with and without documents!
In many ways, the situations in other countries that drive migration are worse than at any time since the end of the Cold War. And, it’s not getting better, at least in the short run. Meanwhile, our legal refugee and asylum systems remain a shambles, despite the Biden Administration’s promise to do better than the Trump White Nationalist kakistocracy.
For example, oneof the largest, probably the largest, flow of refugees in the Western Hemisphere is from Venezuela. And, contrary to the restrictionist blather, the vast majority of the six million who have fled Venezuela are NOT in the U.S. Colombia has received at least 1.8 million, where the U.S. has fewer than 350,000.
But, there is no immediate prospect that most Venezuelans will return or stop coming. Nor is there any chance that countries like Colombia are going to “up their share” so that the U.S. can take fewer!
Yet, the Biden Administration has failed to provide consistent, helpful, guidance on Venezuelan asylum at either DHS or DOJ. An improved and better BIA, with expert judges committed to a proper application of asylum law, should have issued appropriate precedents that could have been a basis for getting tens of thousands of grantable Venezuelan asylum cases off the endless backlogs and on the road to green cards.
But, Garland continues to mismanage asylum law at all levels. He employs unfocused politicos, unqualified Trump-era bureaucrats, and judges who got or retained their jobs under Sessions or Barr because of their actual or perceived willingness to unlawfully deny asylum. Nor has DHS implemented any semblance of the necessary, realistic, robust overseas refugee program for Venezuela, Haiti, and the Northern Triangle!
Mayorkas has “beefed up” the TPS program for Venezuela. But, by its own terms, that’s not a long-term solution. They extended TPS for Haitians while denying recent arrivals their legal rights to seek asylum and inexplicably returning thousands to the dangerous, failed state without any process at all. It’s a farce — but one with ugly racial overtones and a horrible message! To say that Biden’s refugee and asylum programs are screwed up would be an understatement!
Refugee flows, including asylum, are both inevitable and continuing. They are an important, beneficial, and essential component of legal immigration.
Those seeking legal refuge can be forced largely into the underground system, as Trump tried to do; largely admitted in an orderly legal fashion as progressive experts urge; or there can be a haphazard “combination of the two” which is what we have now!
Undoubtedly, refugees and asylees are good from America. They will get jobs, make contributions, and have families of U.S. citizens. The tax base and U.S. institutions will benefit.But, that’s the “long view.”
In the short run, migrants need food, affordable housing, orientation, and education. Kids will need more teachers with specialized skills in a time of nationwide teacher shortage and politicized demonization of educators and administrators. School populations will increase. That takes money. Taxpayers and the politicians answerable to them are notoriously focused on the now, rather than the whenever.
So, the pressing issue is how to institutionalize, regularize, and fund successful migrant resettlement. In other words, how do we get from here to there in the absence of effective government leadership, planning, and funding – often on multiple levels?
The essence of life, food has been a unifying force throughout history. Téa Ivanovic and Immigrant Food are using it to welcome and unify America for social justice! PHOTO: IF website
From the September Edition of Immigrant Food:
Editor’s Note – September
Dear Reader,
With November’s midterm elections just around the corner, immigration will (again) become a hot national topic. Is immigration really as controversial as America’s politicians want us to believe? In this month’s issue, we explore the question: “Do Americans Support Immigrants?”.
Official immigrants account for 14 percent (40 million people) of the US population, making them an integral part of American society. Immigrants have always been part of the American identity, contributing to the economy, creating employment, and molding America’s unique culture. After all, unless you’re native American, you or your family came from somewhere.
This month, we speak to Nazanin Ash, CEO of Welcome.US, an incredible new national initiative built to inspire, mobilize, and empower Americans from all corners to welcome and support those seeking refuge. We also spoke with people on the street to understand how real Americans think and feel about welcoming immigrants.
Hope you gain new insights,
Téa
Here’s the link to Téa’s latest great video, “Téa’s Coffee presents:Are Americans Welcoming Immigrants?”
An immigrant herself, social justice dynamo Téa Ivanovic came roaring out of Virginia Tech only eight years ago and hasn’t looked back! No time for anything but moving forward and taking on new challenges!
The former Hokie D-1 tennis player is busy leading, innovating, and using her amazingly broad liberal arts skill set to serve our DMV area and make America better!
She’s a successful businesswoman, media presence, organizer, advocate, historian, ethicist, humanitarian, innovator, journalist, educator, practical scholar, foodie, sportswoman, financial manager, and all around cheerleader for the immigrant community of which she is a part! As you might expect, her omnipresent passion for life and community is tempered by a sense of humor, perspective, and self-awareness.
Tellingly, the themes for the Immigrant Food website and for their logo run heavily to “burnt orange and maroon” undoubtedly a product of her “Hokie heritage.”
“Hokie Nation” might get a certain nostalgic feeling when they visit the Immigrant Food website!
Téa’s a promotional icon for another one of my “crusades” — recognizing and nurturing the enduring value of liberal arts education in America.
That’s NOT the BS, “whitewashed” (in more ways than one) version of education promoted and foisted upon us by the far right and its highly motivated yet badly misguided acolytes, but rather the “real deal.” Honesty about our past, knowledge, applied scholarship, versatility, flexibility, communication, reasoning, debating, critical dialogue, problem solving, business acumen, financial skills, multiculturalism, language skills, agriculture (Tech is Virginia’s “land grant” college), moral courage, sports, scientific and environmental truth, leadership, compassion, creativity, artistry, humane values in action — Téa’s got all of this going on!Folks, she’s the “complete package” – a one-woman “Liberal Artists’ Dream Team.”
Let’s start with first impressions. Clearly a powerful intellect — summa cum laude, Phi Beta Kappa, ACC All-Academic— Téa radiates energy, competence, creativity, personality, kindness, infectious enthusiasm, good humor. Some of it undoubtedly stems from her Hokie varsity tennis days where she also honed her competitiveness, sportsmanship, and performance skills. But, as I’m sure she did on the tennis court, Téa plays hard, to win, but respects the rules of the game.
A formidable presence on and off the court, Téa never achieved the athletic recognition of her Serbian almost namesake, Ana Inanovic, a former World #1. But, Téa is “World Class” in her own right. Somewhere, a whole bunch of Ivanovics must be really proud of their social justice prodigy! PHOTO: coretennis.net
How dynamic, talented, and committed is Téa? Here’s the “lede” on her “official Immigrant Foods bio:”
Téa started as the hyper-talented head of communications for Immigrant Food, but as the pandemic took its toll, it became clear that she had to become Jack of all Trades. So she took on management. And then took on operations. And then took on financial responsibility. So, she became the COO.
In other words, Téa awoke one day and decided “the best way I can help my organization and my team is by taking on the additional responsibility of Chief Operating Officer.” So she did it! No waffling or second thoughts about whether someone less than a decade out of college could pull off this stressful, yet rewarding, “high wire act!”
Walking a tightrope requires skill and courage. Téa’s never afraid of new challenges! PHOTO: Creative Commons
Somewhere along the trip from Blacksburg to DC, Téa picked up a M.A. at Johns Hopkins’ School of Advanced International Studies (SAIS). Born in Belgium, the daughter of former Yugoslavians, she’s fluent in English, Flemish, and Serbian. Téa describes herself as “an immigrant squared” (quite different from a “square immigrant,” which she certainly isn’t).
The first Washington correspondent for Bosnia and Herzogevina’s leading newspaper, Téa has worked at think tanks, written for various online publications, and been a researcher and fellow. She’s lived a lifetime, accomplished great things, undertaken new challenges, and helped lead the charge to blow away the myths and achieve social and legal justice for migrants and everyone else in America. Hers is a life already laser focused on her larger community, making the world better, and helping others!
Folks, Téa’s 30th birthday is still on the horizon! Her “full due process potential” is breathtaking, inspiring, encouraging, and reassuring (particularly for those of us “on the bell lap” of life’s journey, concerned for American’s future)!
Téa is confident, not arrogant or imperious. She’s just as comfortable interviewing some of the “movers and shakers” of the DC area about profound national issues as she is connecting with a recent immigrant working in a bistro about their American experience. And, despite her obvious love of the kitchen, I’m sure the immigrant Food books aren’t “cooked” with Téa as COO!
You can keep up with Téa and her talented band of social justice/good food brothers and sisters by subscribing to Immigrant Food (“IF”) here:https://immigrantfood.com/.
Like “Courtside,” it’s free — making it one of the best bargains in a town not necessarily known for them!
In addition to connecting you with some great local immigrant cuisine, IF also highlights local events and ways to connect with immigrants in the community.
Getting down to business, the food is tasty and tastefully presented! PHOTOS: IF website
For example, each week, the “IF Team” shows you five ways to engage with the immigrant community. It might be through a donation, volunteering, or educating yourself about immigrant issues (Téa’s above video is a terrific example).
There are so many ways you can make a difference! This week’s “Engagement Menu,”features volunteering, donating, and educational opportunities, like supporting the Afghan Adjustment Act! Something good is always “cooking in the kitchen” at IF! Téa Calls it “gastroadvocacy!” What a great concept!
Additionally, IF has partnered with five amazing immigrant justice NGOs in the DMV area: AsylumWorks, AYUDA, CAIR Coalition, APALRC, and CARECEN. Imagine having the expertise, kinetic energy, and social justice firepower of giants like Paula Fitzgerald (AYUDA), Joan Hodges Wu (AsylumWorks), Adina Appelbaum (CAIR Coalition, one of my “best ever” Georgetown Law “Refugee Law & Policy” alums), Laura Trask (AYUDA), Téa, and other immigrants’ rights advocates from these venerable organizations on your side. Truly, a “Social Justice Dream Team.”
As my Georgetown Law students know, I’m always “preaching”about the “big five life values” — fairness, scholarship, timeliness, respect, and teamwork. Téa, and her equally spectacular colleagues at IF embody all of those. They inspire, energize, and show us how the “new generation” of the NDPA can make an immediate impact in the never-ending battle for social justice in America and help forge a better world.
Maybe it’s time to take “gastroadvocacy” to the next level: a nationwide network — call it the “Social Justice Food Network” (“SJFN”).
Get a YouTube channel! Create an app! Folks can hook up their mobile phones and “eat their way from coast to coast” while promoting unity and equal justice for all!
As somebody who still loves the “American road trip,” the idea of hitting the next roadside eatery where we can get good food (some vegan entrees, please), meet great immigrants, and chat with local folks about social justice is hyper-appealing! Outdoor seating and/or carryout for those of us traveling with our dogs would also be a huge plus!
Duncan, pictured here on the outdoor patio are the Whale’s Tales Pub in Boothbay Harbor, loves road trips and outdoor seating!
Téa, thanks again from all your NDPA colleagues and friends for all you do! I hope that this “mini-profile” will inspire others to get to know you, either online or in person, and join your fight for a better America — one where the unfulfilled promise of “equal justice for all” will finally become a reality!
One thing’s for certain. Téa’s time on the front lines of the fight for social justice is just getting started. I can’t wait to find out what she has up her sleeve next! Whatever it is, I know that it will be creative, energetic, and dedicated to helping others.
There is no mountain that Téa and her team can’t climb. I’m just grateful that she and others like her have chosen to “throw in their lot” with the NDPA! Hats off to you, Téa, and other immigrants, past, present, and future, who “make” our nation!
The Team @ Immigrant Food serves up social justice and good grub! PHOTO: IF website
If, indeed, “we are what we eat,” I encourage everyone to order up an extra big helping of social justice at Immigrant Food!
To close this circle, I started out to write a profile of my friend and NDPA colleague, Téa. By the time I finished, I had connected all kinds of dots from my own life (e.g., my dad was a physician at the student health center at Tech before Téa was born, and remained an avid Hokie fan till the end), my relationships with other NDPA colleagues, former students, NGOs that played a role in my life on and off the bench, public service, “gonzo journalism,” vegan eating, road trips, dogs, the future fight for social justice, and “the heart and soul of America.” That’s what makes the enlightened leadership of folks like Téa so special and generates optimism for a better, more just and unified, America for the future.
United We Eat Chef Haroon EshaniUnited We Eat Program Manager Beth BakerUnited We Eat Kitchen Assistant Rozan ShbibEshani and Shbib hard at work in United We Eat. KitchenSbib Shows NBC News Reporter Steve Patterson around United We Eat KitchenUnited We Eat Kitchen Manager Casey Chapman has a tough job, but keeps smiling!
Check out this inspiring video on great people working together, helping each other, and integrating the skills, enthusiasm, and energy of new Americans into the community:
Great story! Congrats to the people of Missoula!😎 A nation of immigrants needs new immigrants and their human potential! Everybody wins when we welcome immigrants to our communities!
Dr. Yolo Diaz could feel the room take ownership of the Familias Sanas (Healthy Families) initiative.
Diaz and YWCA Greater Green Bay sought to develop a program entirely in Spanish to improve the Hispanic community’s access to health care. They invited residents to the YWCA to brainstorm. Diaz identified areas she wanted to cover: nutrition, physical activity, mental health, disease prevention and environmental health.
It didn’t take long for attendees to add to the list: spiritual health, drug and alcohol abuse and sex education. Their participation was a key step in making the program less of a lecture and more about sharing and empowerment.
Familias Sanas is an example of how community organizations in northeast Wisconsin have recognized the region’s growing racial and ethnic diversity and are consciously working to ensure historically marginalized communities feel welcome and safe and have equal access to everything from education and employment to health care and housing.
Those efforts are showing signs of success.
In a 2021 Brown County LIFE (Leading Indicators for Excellence) Study, 56% of the survey respondents held a positive view of the growing diversity of cultures, compared with 12% who held a negative view.
Five years earlier, the scale of perception was far different. The 2016 Brown County LIFE Study showed only 33% of the respondents had a positive view of diversity and that 30% had a negative view.
Conversely, 46% of the BIPOC respondents described themselves as struggling, down from 53% in 2019.
E-Ben Grisby, co-chair of Celebrate Diversity Fox Cities, has noticed gains in diversity, equity and inclusion (DEI) in recent years, even amid the polarization of politics in the state and nation.
“I think there are a lot of improvements that have been made in the Fox Cities in terms of being a much more welcoming environment when it comes to our business climate, when it comes to a sense of community,” Grisby said.
“I feel like we’re getting a voice,” Austin said. “I never thought I’d be able to talk about being Black in Green Bay. Now we’re a community.”
Nonwhite youth make up about 60% of the students in the Green Bay Area Public School District and 35% of the students in the Appleton Area School District, according to 2021-22 data reported by the Wisconsin Department of Public Instruction.
The growth of northeast Wisconsin’s minority populations sometimes catches long-time residents by surprise, Grisby said.
. . . .
How to become an ally of marginalized populations
Brown has some straight-forward advice to advance the understanding and appreciation of the different customs, lifestyles and perspectives that make up the fabric of northeast Wisconsin.
“Take the initiative to educate yourself about the various cultures and identities that exist within our community,” he said. “Learn from your co-workers, learn from your neighbors, learn from the youth and understand that each person contributes to the success of our community. Be present and immerse yourself in cultures and opportunities that are different than the ones that are immediately to your left and right.”
Grisby said being an ally for marginalized people doesn’t mean one has to wear a Superman cape and vow to avenge a wrong. It can be as simple as giving someone the time of day or being a sounding board for their ideas.
Bomstad said the region needs to hear from and engage with more people who support diversity.
“If you believe in an inclusive, welcoming community, that is where we really need people to step up, quite frankly,” Bomstad said.
Wello put its approach into action when it received a federal grant to increase COVID-19 vaccination rates in minority populations.
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Read the complete article at the link.
I have noticed during our many jaunts to Wisconsin to visit family that there are many more vibrant ethnic restaurants in the Green Bay/Appleton area than there were when I was in college at Lawrence University in Appleton in the late 1960s.
Our daughter, Anna, also an LU graduate (‘05), was inspired by children of Hmong backgrounds that she met while practice teaching in Appleton to qualify to teach English Language Learners in Wisconsin (Menasha & Walworth).
She now teaches English in the Beloit Public Schools which has a very diverse student body. She and her husband Daniel have hosted foster children of different ethnic backgrounds, one of whom is now their adopted son, our grandson. So, diversity has had a very direct impact on our family.
Cathy and I also noticed when attending our grandson Nathaniel’s band concert at St. Bernard’s Elementary in Green Bay the diversity among the student body, the music teachers, and the audience. Everyone working together, contributing, and enjoying the moment.
El Sarape East in Green Bay is one of our family favorites. We order/go there at least once most times we are in the Bay Area! They have done a great job of combining “Packer culture” with an Hispanic flavor!
Obviously, diversity is contributing to Wisconsin in many other ways beyond the restaurant industry. Wisconsin has always had a strong immigrant history along with a vibrant Native American heritage!
Far right activist 5th Circuit Judges reacting to colleagues who followed law and ruled in favor of immigrants. PHOTO: Creative Commons.
The issue is whether an in absentia removal order can be based on a statutorily defective notice. The panel followed the Supreme’s decision in Niz-Chavez and rejected the BIA’s conflicting decision in Matter of Laparra. In other words, the panel required the Government to follow the statute, a process known as “complying with the law.” This sent some of this most conservative circuit’s most far-right judges over the edge. Here’s the en banc decision:
Credit Dan Kowalski over at LexisNexis for the “food fight” characterization.
The scofflaw GOP dissenters cited “deference” to the Executive, something they have pointedly refused to apply to Biden Administration precedents and policies favoring migrants.
The majority says: “[The BIA] flies in the face of the Supreme Court’s Pereira decision, which Laparra ignored.”
Incredibly, Garland is on the “wrong side” of this controversy, defending the legally incorrect misinterpretation of his “Trump holdover” BIA!
The statutory requirement at issue: That a “Notice to Appear” before the Immigration Court inform the individual of the time and place of the hearing. How difficult does that sound? Not very, unless you are bumbling bureaucrat at DHS and EOIR who chose, even after the Supremes’ initial decision, toviolate that decision and the statute in almost 100% of the cases instituted before the Immigration Courts!
Kudos to the 3 Trump appointees and one Bush II appointee who joined 3 Obama appointees and 2 Clinton appointees to uphold the rule of law and thwart their GOP scofflaw colleagues.
Interestingly, and perhaps mildly encouraging, the “Trump appointees” split 3-3 on this one.
Apparently nothing drives a wedge between conservative judges like the scary prospect of following the law when it gives immigrants a win!
Future ambitious academic study: How much of the current out of control backlog can be traced to the Government’s, and particularly the BIA’s, inept handling of straightforward notice requirements set forth in the statute?
There’s a reason why I keep referring to Garland’s out of control EOIR backlogs as “largely self-created,” albeit in fairness not exclusively by him. The Trump Administration, and to a lesser extent the Obama Administration, also “excelled” at “Aimless Docket Reshuffling” driven by “prioritizing” improper political goals over due process, fundamental fairness, quality, and practical scholarship in the Immigration Courts.
Gillian Graham reports for the Portland Press Herald:
During the five years Betsy Paz-Gyimesi has been working as an interpreter and engagement specialist for Spanish-speaking families in Portland schools, she has seen the same scene play out many times.
When they go for help to a food pantry, they’re offered food they will not eat. Some are afraid of canned foods because they believe they are dangerous. Others have cultural or religious needs that aren’t met by the American items on the pantry shelves.
Most of the families Paz-Gyimesi works with come from Central America, and they don’t all qualify for benefits through the Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families and other similar programs. Because there are few options for them at the food pantry, their children often rely heavily on schools for meals, Paz-Gyimesi said.
But that will begin to change next month as Wayside Food Programs in Portland launches a pilot program to better address food insecurity in immigrant communities by providing food packs customized to the needs and preferences of those receiving emergency assistance.
Working with leaders of immigrant communities, Wayside developed lists of basic pantry items they commonly use and a guide to their specific food preferences that can be used by other food programs, said Mary Zwolinski, Wayside’s executive director.
“Our hope is that it helps with the issue of food equity,” she said.
The pandemic, which has disproportionately impacted Maine’s racial and ethnic minorities, laid bare that the state’s existing emergency food structure was not adequately serving all of their needs. Some of the people most vulnerable to hunger didn’t access existing food programs. When they did, many did not find food – Jasmine rice, dried fish, pork-free products – that fit their cultural, religious and dietary restrictions and preferences.
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Nice effort! Maine has been a bastion of community cooperation, creative encouragement of, and positive interaction with immigrant communities! Seems like a good model that can be replicated throughout America. Read the full article at the link!
Immigration Courts are the “living, breathing repudiation” of racial justice in America!🏴☠️
Repeatedly, Federal Courts at all levels say that foreign nationals are entitled to due process under the Fifth Amendment.
Then, they often go on to convert that to an insulting platitude by approving legal travesties and substandard performance by EOIR inflicted on migrants of color, their attorneys (if any), and their communities. Maybe, it’lls because talented Hispanic judges with actual experience representing asylum seekers and other migrants in Immigration Court are so few and far between. Maybe it’s because Garland has failed to actively recruit judges from among immigration and human rights attorneys of color and has continued to employ a flawed “insider-tilted” selection process that was designed and implemented to “slam the door” on experts from the non-governmental advocacy and academic communities.
Whatever the reason, EOIR has become the “living refutation” of the assertion that Hispanics and other communities of color are treated fairly and equally under our laws and that that race-based decision-making and jurisprudence have vanished from our legal system.
Maybe it’s time for Hispanics and their allies to stop being “tolerant of inequity and bias” and start taking a more aggressive and less compromising position on Garland’s disgraceful, disorderly, dysfunctional, non-diverse, tone-deaf Immigration Courts! Your voices are NOT being heard by those running the Star Chambers and cranking out “assembly line injustice.”
Why does the Hispanic community put up with being demeaned, dehumanized, and degraded by Garland’s “Clown Courts”🤡 and also by a Democratic Party that promised change but has delivered “same old same old” at EOIR?
Recent Supreme Court mockeries of justice show that the rights of minorities are under assault by a radically right-wing Article III Judiciary stocked with GOP appointees. The Immigration Courts, by contrast, are under the total control of the Administration and present an unparalleled opportunity for minority communities to both showcase their judicial skills and to start winning back their legal rights after four years of unrelenting assault by the White Nationalist right.
Why is this perhaps once-in-a lifetime opportunity for long overdue, radical reform of a broken, biased, and incompetent system being squandered and buried by Garland as if Stephen Miller and his cronies were still calling the shots? How many Hispanic and other lives will be sacrificed to EOIR over the next three plus years? How many attorneys of color will continue to be abused, misused, and under-appreciated by an Administration pledged to “do better?” What will be left of racial justice in America if entrusted to a DOJ that doesn’t even believe in the concept in their own court system?
🗽Emigrating to the U.S.? Here are Some Helpful Hints
By Diane Harrison
Moving to the United States is an exciting transition. Sometimes people who are new to the U.S. may not understand some of the culture and perspectives of its citizens. For immigrants preparing to make the big move, there are some things to keep in mind that will help ease the transition. Immigrationcourtside.com shares a few in the guide below.
The U.S. is a Melting Pot
The U.S. values independence and freedom to live with a variety of liberties.This translates into a unique melting-pot culture of diversity.
1. Americans originate from all over the world; 44.8 million immigrants lived in the U.S. as of 2018.
2. The U.S. values religious freedoms and human rights above all else. A lot of families are interfaith, meaning one spouse may be of the Jewish faith while their partner is Buddhist or Christian. There are interfaith communities that support the spiritual needs of many religions under one roof as a way to unite people.
Our Politics Vary
One of the most interesting aspects of U.S. politics is the diversity of our parties, and all voters coming together to elect constituents through a fair electoral process.
3. There are three political parties in the U.S.; Republicans, Democrats and Independents. Each of these parties value democracy but have differing beliefs about how it is best accomplished.
4. Our political system relies on the democractic process of voting for elected officials. Qualified immigrants can apply for voting ability.
Getting and Sending Support
The U.S. offers programs to assist immigrants in need of assistance in everyday life. If an immigrant does not need assistance but wishes to send funds to loved ones back home, there are reliable ways to facilitate that need.
5. There are companies that offer funds transfers at reasonable rates. If there were family in India for example, immigrants could relax knowing that their funds were being sent safely.
6. U.S. citizens are charitable and enjoy sharing their blessings with others. During holiday seasons such as Hanukkah and the Christian holiday of Christmas, Americans are particularly generous, providing gifts, food, and assistance to people in need, including immigrant populations from around the world.
Immigrants Have Rights and Benefits
Those who have immigrated to the U.S. have rights and systems in place to support their needs, and these have been developed as a way to reduce poverty among immigrant populations.
7. Immigrants who are working on assimilation in the U.S. may find that our resources and benefits are helpful. You are not on your own, so reach out for support.
8. For legal representation, immigrants can reach out and access free or reduced-cost attorneys.
10. Register your business as an LLC with the state to help protect yourself from liability.
11. People who have made the move to the U.S. may wish to become residents and can follow these logical steps toward citizenship.
Moving to the United States is exciting and thrilling, but it can also be scary and overwhelming. However, knowing what to expect can help alleviate some of that stress.
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5 ways to engage with immigrants this week! — From Immigrant Food:
Immigration Doesn’t Just Mean Coming To America. These 4 Books Are Good Reminders.
Author Ocean Vuong recommends four books on the immigrant experience — but he wants to de-center America in these stories: “Immigration is a species-wide legacy,” he says, and always has been.
On July 4, recognize the Black and Indigenous soldiers who helped win the Revolutionary War
George Washington’s army might not have been able to beat the British without Black and Indigenous men. It’s time to set the record straight, for all Americans.
St. Louis Newspaper Bashes GOP, Josh Hawley For ‘Contempt’ Of Democracy:
“Plenty of words come to mind to describe … actions by one of America’s two major political parties,” the editorial reads. “‘Patriotic’ is nowhere among them.”
What does it mean to be American? Ask an immigrant
We are at an inflection point. After the departure of Trump, his xenophobia and racism continue to shape how we understand both immigration and what it means to be American. How do we challenge this worldview?
One way is to recognize that because xenophobia is an inextricable part of systemic racism in the U.S., it must be fought alongside racism. We need to examine and protest the unequal treatment of immigrants as part of this structure. We must counter the narratives that identify immigration as a threat with facts: COVID-19 is not the “Chinese virus.” Immigrants are essential workers, constituting 17% of the civilian labor force. About two-thirds of Americans say that immigrants strengthen the country.
Special thanks to Diane Harrison for her always thoughtful, informative, and accessible “Health Care PSA” contribution to the “July 4, 2021 Edition of Courtside.”
The quote about unequal justice in the last item by Erika Lee underscores the dis-service that AG Garland is doing by failing to eradicate the “Dred Scottification” of migrants, primarily those of color, in our Immigration Courts.
His unwillingness to date to make the obvious personnel moves necessary to replace inadequate and weak judges and administrators with a diverse group of progressive experts who would bring due process, fundamental fairness, and racial and gender equality to our broken, biased, and dysfunctional Immigration Courts will continue to make American democracy fall well short of our stated ideals! The failure of the Biden Administration to “connect the dots” between racism and institutionalized xenophobia, particularly at EOIR, is highly disappointing, to say the least!
Gen. Garland continues to use “Miller Lite Mercenaries” against migrants. “The U.S. constitution states that our judicial system is a ‘separate but equal part’ to our democracy. But immigration courts have nothing to do with that.” — Tea Ivanovic, Immigrant Food Albrecht Dürer, Public domain, via Wikimedia CommonsDan Kowalski Online Editor of the LexisNexis Immigration Law Community (ILC)
Dan Kowalski reports for LexisNexis Immigration Community:
“[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. … The parties agree that a remand is the best alternative where the BIA has made an unauthorized or inadequately supported factual finding on the likelihood of torture, thereby leaving unresolved whether the IJ failed to apply the rule-of-law theory of state involvement in torture. Accordingly, we conclude that the prudent course is to remand the case to the BIA. … We further order the BIA to remand the case to the IJ for a clear factual finding on the likelihood of torture and for the IJ’s clarification, if necessary, on the question of state involvement in light of the color-of-law rule. … PETITION GRANTED; VACATED AND REMANDED WITH INSTRUCTIONS TO REMAND.”
Congrats to Matthew Nickson! Getting justice for a migrant in the notoriously pro-Government 5th Cir. is no mean feat! Think of how much easier your job would be if AG Garland hired some “real judges” at EOIR — experts in immigration and human rights who have represented individuals in Immigration Court and who are committed to due process and fundamental fairness above all else!
When you’re out to stick it to Hondurans (actually all Northern Triangle migrants), regardless of facts or law, to please your sleazy White Nationalist political bosses in the Trump regime, bad things are going to happen.
Let’s not forget that the Trump regime entered into a totally corrupt and bogus “Safe Third Country” agreement with Honduras, probably one of the least safe countries in the Hemisphere with no functional asylum system at all. Given this level of overt political fraud by the “bosses,” I doubt that the regime would have appreciated BIA bureaucrats correctly finding that torture with government acquiescence is likely in Honduras.
Sure, these failures were before Garland took over. But, he has made little effort to date to either acknowledge and root out the deep corruption and anti-immigrant weaponization of the Immigration Courts or to address the inadequate “go along to get along judging” that was encouraged at EOIR. In plain terms, respondents did not get, and still do not get, qualified, fair, and impartial judges at EOIR to adjudicate their claims.
You have only to look at the comedy of errors and ineptitude at EOIR in this case “outed” by one of the most pro-Government Circuits in America to see the proof! That’s unconstitutional!
Remand after remand to “get it right” also “jacks backlog.” Just getting a case back on an Immigration Judge’s docket takes time and effort in a non-automated system with no e-filing and traditionally overwhelmed and demoralized staff. Instead of fixing “customer service” @ EOIR, the Trump kakistocracy invested in ludicrous, due-process-destroying “IJ Dashboards” to keep the quotas filled and the unconstitutional “nativist deportation railroad” moving. Yet, Garland, Monaco, Gupta, and Clarke pretend that none of these constitutional and civil rights absurdities, not to mention grotesque management fraud, waste, and abuse, happened!
Don’t stand for any of Garland’s dishonest “expedited dockets” which implicitly blame those seeking justice under law and their courageous lawyers for the ungodly mess he and his lieutenants inherited but have failed to address! And, “dedicated docket for asylum seekers” is just a euphemism for more backlog-building, due-process denying “Aimless Docket Reshuffling” and continuing mismanagement by Garland.
I’ll bet that qualified experts could cut the largely self-inflicted backlog by at least 50% in 90 days without stomping on anyone’s due process rights merely by administratively closing or terminating without prejudice hundreds of thousands of non-priority aged cases. Many of those could better be handled at USCIS.
It shouldn’t be this difficult to get an Administration that ran and got elected on a “reform” and “return to good government” platform to do the right thing here. But, it is! EOIR needs reform, including a new BIA and competent, expert judges who know asylum law, respect due process, and will treat migrants and their attorneys fairly, respectfully, and humanely. It’s not a “big ask!” So why is it “above Garland’s pay grade?”
For this month’s Think Table issue, we delve into the dysfunctional U.S immigration court system. The U.S. constitution states that our judicial system is a ‘separate but equal part’ to our democracy. But immigration courts have nothing to do with that. They fall under the Department of Justice, and immigration judges have a boss, the Attorney General. As we’ve seen in recent times, that can be a highly politicized position. Additionally, the lack of technology and the ever-growing backlog of cases leave many immigrants and asylum seekers waiting an average of two years just to schedule a court proceeding!
For this issue, we spoke with Judge Paul Schmidt, a former federal immigration judge. He’s pretty blunt about the ways in which the immigration court system is highly dysfunctional.
Here’ the “complete issue” which contains a reprint of an article from Sarah Pierce“Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review.”
Born in Belgium to parents from the former Yugoslavia and recruited to the United States by Virginia Tech’s Division 1 Varsity tennis team, Téa calls herself an immigrant squared. She still can’t figure out if Serbian, Flemish or English is her native language – she speaks all of them equally. Her professional career includes creating and implementing strategic communications for international policy and politics at a Washington D.C. think tank, and global financial matters at a financial public and media relations firm. Téa was the first Washington Correspondent for Oslobodjenje, Bosnia and Herzegovina’s oldest newspaper and leading news outlet in the Western Balkans. She graduated with a master’s degree from the Johns Hopkins’ School of Advanced International Studies (SAIS).
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Yeah,I’m pretty blunt!But, this is a totally screwed up system that threatens our democracy!
So, many of us out here in the NDPA think it’s a dire emergency, even if Judge Garland and the Biden Administration prefer to ignore the obvious and shun the immediate solutions!
Judge Garland’s failure to implement basic constitutional, personnel, and management reforms @ EOIR is undermining justice in America and tarnishing his reputation. Also, it’s potentially killing innocent folks. Sure sounds like a “national Constitutional emergency” to me!
Thanks to Tea for making this “accessible” report on a huge, largely unaddressed, democracy threatening problem. Tell Judge G to fix EOIR now!
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