"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
On April 4, 1968, I was a senior in high school when Dr. Martin Luther King Jr. was murdered in Memphis, Tennessee. That weekend I had been attending a planning meeting in Richmond, Virginia, for mobilizing white teens from suburban churches to serve in inner-city projects in the District of Columbia and Baltimore.
ABOUT THE AUTHOR
Irv Williams is a native of Baltimore, with family roots in the Northern Neck of Virginia. He moved to Maine in 1973 and is a resident of Peaks Island.
Driving home on Sunday afternoon I arrived at the Baltimore city line, about five miles from my house, to find National Guard troops and tanks blocking off access to the city. I was allowed to pass only on the condition that I drive directly home.
Today I know the real reason I was allowed to pass by those armed soldiers was that my face was white, not Black. Dr. King was only 39 years old when he was murdered.
William Page was only 25 years of age when he was lynched in August 1917 in Lilian, Virginia. My mother would have been a toddler sleeping in her crib at home, just a mile away from the schoolyard in which he was hanged. Newspaper reports state that a mob of about 500 men assembled to commit the murder.
William Page would be the last Black man to be lynched in my mother’s home county of Northumberland, but the lynchings would continue on for another seven years, claiming the lives of nine additional Black men across Virginia.
I am now just a bit older than my mother was when she died. At 72, I look back over a lifetime of witnessing racial injustice through the segregation of schools and other public and private facilities. The false doctrine of “separate but equal” was then in full force throughout Virginia, where both of my parents were born and raised.
I carry childhood memories of seeing “White” and “Colored” water fountains in the county courthouse. Of visiting the family doctor whose small brick office behind his house had separate waiting rooms. Hearing my grandmother talk about “the colored” schools that a neighboring county closed for five full years rather than integrate, meanwhile taking public funds to open white academies. Knowing that nearby was a “colored beach” that was a small sliver of sand allotted to Black children. And knowing that there would never be any Black worshippers or preachers at the church revival meetings where my grandmother played piano.
Looking back at all of those memories, I know full well that the privilege to pass by those National Guard tanks in 1968 had come at the expense of others, sometimes in deadly ways.
In his 1964 book “Why We Can’t Wait,” Dr. King wrote: “Armies of officials are clothed in uniform, invested with authority, armed with the instruments of violence and death and conditioned to believe that they can intimidate, maim or kill Negroes with the same recklessness that once motivated the slaveowner.”
Now, nearly 60 years later, we see that Dr. King is still being proven right with the brutal beating death of Tyre Nichols in Memphis. It wasn’t a rope like they used on William Page, or a bullet like the one that felled Dr. King, but the stun gun, pepper spray, fists and boots of police officers who have been charged with murder in an incident that equals the terror of the August night when 500 men watched William Page die.
Must we wait for another hundred years to pass for this senseless killing to stop? The simple answer is, no, we can’t wait.
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The work of achieving due process and equal justice for all persons in America, as required by our Constitution, remains urgent and unfinished!
Indeed, under the “New Jim Crow” GOP and it’s noxious, intellectually dishonest, morally challenged “leaders,” our nation has actually regressed from some of the key achievements that Dr. King championed.
James “Jim” Crow Symbol of American Racism. If YOU don’t share the GOP White Nationalist insurrectionist “vision” of an American wracked with hate, exclusion, dehumanization, inequality, bias, bogus myths, and return to a “whitewashed history that never was,” YOU must stand against the “21st Century Jim Crow Mob” that seeks to seize control over YOUR country.
It’s particularly critical for the next generations to decide whether they want to live in a better, fairer, more tolerant world, or be forever captive in a White Supremacist, misogynist, fearful past, beholden to a “whitewashed” version of history that never was!
Federal and state lawmakers are renewing efforts to shorten the amount of time asylum seekers must wait before they can work and become self-sufficient.
Local officials in communities such as Portland, a destination for waves of people seeking asylum, have called on federal officials for years to reduce the waiting period for work permits, which is a minimum of six months and often much longer. They argue speeding up the process is a way to address workforce shortages as well as reduce the costs of providing financial assistance to asylum seekers who aren’t allowed to support themselves.
But every effort dating to at least to 2015, when Sen. Angus King of Maine submitted a bill to shorten the wait period to 30 days, has failed to gain traction in Congress because the appeals have been caught up in partisan and regional conflicts over immigration reform and border security.
Republican Sen. Susan Collins and Rep. Chellie Pingree, D-1st District, have proposed similar bills in recent years. And both are doing so again this session, while King, an independent, is signing on as a co-sponsor.
. . . .
Despite national polarization over the issue, calls for allowing asylum seekers to work and become self-sufficient are widely supported in Maine by Republicans, Democrats and independents. The fact that Maine has more jobs available than there are workers to fill them is a key reason for the broad support.
Even former Gov. Paul LePage, who opposed efforts to help asylum seekers during his eight years in office, revised his position during the gubernatorial campaign last fall, saying at a debate in Portland that “if asylum seekers are here, and (President) Joe Biden is not going to enforce federal law on immigration … I want to put them to work.”
Collins started pushing for the reform in 2019 and announced on Friday that she introduced a bill with Sen. Kyrsten Sinema, an Arizona independent and former Democrat, that would reduce the waiting period from six months to 30 days for asylum seekers who have gone through preliminary screening. And Pingree plans to reintroduce her bill in the House in the coming weeks.
. . . .
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Read the full article at the link.
Gosh, when even former GOP right-wing Gov. Paul LePage is on board, seems like it should be a “no-brainer” for Congress. But, that isn’t the way things work (or don’t) on the Hill these days.
As to requesting a “waiver” of the current 180 day statutory “lock out” provision, there currently doesn’t appear to be any process for that. The statute does state that:“An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General.”
Therefore, it appears that the Biden Administration could establish a waiver process by regulation if it chose to. I’m not aware of any plans by the Administration to propose such a regulation.
The Administration has addressed immediate work authorization in their recently announced parole program for certain nationals of Venezuela, Nicaragua, Haiti, and Cuba. Individuals approved for this program abroad will be “paroled” into the U.S. for two years with work authorization.
The relief for states like Maine under this parole program is limited, because 1) only nationals of the four specified countries can apply; 2) the program applies prospectively only; 3) it’s uncertain what will happen to parolees after two years (one can imagine that any future GOP Administration would terminate the program, given that GOP politicos are now suing to halt it); and 4) the is no clear path to a green card for these paroled individuals.
To date, the Administration has not “leveraged” other potential legal mechanisms to expedite employment authorization.
One option would be to greatly expand use of the new regulatory authority for USCIS Asylum Officers to grant asylum status to applicants arriving at the border. This would result in immediate admission in an orderly, work-authorized asylum legal status and avoid the current 2.1 million Immigration Court backlog. It also would trigger a statutory process for asylees to apply for green cards after being physically present in the U.S. for one year. Additionally, granting asylum expeditiously at the AO would be available to all asylum applicants, not just those from the four specified nations.
Another option, that could be used in conjunction with the first one, would be to ramp up much more robust and inclusive refugee programs outside the U.S. This could be in the countries in crisis or in third countries. Like asylees, refugees enter the U.S. in a legal status that authorizes them to work immediately. Like asylees, they have access to a statutory provision for obtaining a green card after being physically present in the U.S. for one year. Refugee status is potentially available to refugees from any country where the President finds a “special humanitarian concern” following “consultation” with Congress.
Unfortunately, in my view, the Biden Administration has shown little interest in, nor aptitude for, maximizing the mechanisms available to legally admit refugees, from abroad or as asylum seekers. As pointed out above, doing so also would address the issues in Maine and other states who have welcomed refugees and asylum seekers.
Instead, the Administration has relied on a mishmash of:
Trump-era, nativist, deterrence policies, many with questionable legal basis;
A series of ever-changing, ad hoc, subjective, discretionary “exceptions” to those policies administered without any transparency or accountability;
An ad hoc, nationality specific, parole program divorced from the statutory “refugee” definition, having a much more tenuous legal basis than using the established refugee and asylum admission provisions now in the INA, and certainly leaving the future fate of those “paroled” thereunder “up in the air” and subject to maximum political gamesmanship.
The sum total is to leave too many refugees and asylees, and the individuals and communities in the U.S. trying to help them, “dangling in the air” without the necessary support and humanitarian leadership from the Administration.
Caught in the crossfire: Mainers aid in medical rescue of Afghan boy
Fawad, then 6 years old, was hit by a bullet as his family tried to flee Afghanistan during the U.S. withdrawal. A network that included Maine residents came together to bring him to safety.
Zohra would later recall that she felt the wind of a bullet graze her skin as she ran toward the airport gate, clutching her oldest child in her arms.
Only when she sat her son on a chair inside Kabul’s airport did she realize the bullet had torn through Fawad’s face. He was just 6 years old. Zohra fainted.
Fawad was caught in the crossfire in August 2021, as thousands tried to flee Afghanistan in the final days of U.S. withdrawal.
In the year that followed, a network of Americans, including family members in Portland and their immigration lawyer in Damariscotta, would fight to get Fawad, his parents and his younger brother to the U.S. for reconstructive surgery.
Fawad’s condition was too severe for any hospital in Afghanistan, where he received only basic medical care and faced a lifetime of chronic illness and persecution because of his injuries and disability.
Last October, Fawad and his family arrived at Nemours Children’s Hospital in Wilmington, Delaware, where he has successfully undergone two reconstructive surgeries and will need several more. The team overseeing Fawad’s care includes an Army communications specialist with expertise in getting people out of life-threatening situations and a world-renowned surgeon who specializes in facial reconstruction after bullet and bomb blasts.
17-year-old Marwa listens to her mother speak about her cousin Fawad, who was shot while trying to evacuate Afghanistan. Shawn Patrick Ouellette/Staff Photographer
Foremost among the Mainers who worked to rescue Fawad is his cousin Marwa, a senior at Casco Bay High School. Her calm, determination and skill as an interpreter and advocate for her family are credited with making Fawad’s life-changing surgeries possible.
“Marwa was on speed dial for us,” said Jennifer Atkinson, the Damariscotta attorney. “The whole time I’m dealing with this amazing 16-year-old girl who is a lifeline for this traumatized family in Afghanistan.”
Now 17, Marwa spoke no English when she arrived in the U.S. six years ago. The Portland Press Herald/Maine Sunday Telegram decided not to use family members’ last names because of their fear that the Taliban could punish or even kill relatives still in Afghanistan.
During and immediately after the U.S. evacuation, Atkinson worked to help more than 20 families try to get out of Afghanistan. Almost all of the 160 or so people had ties to Afghans now living in Maine.
“The response to helping Fawad was very different,” she said. “Doors opened for him that weren’t opening for other Afghans, probably because he was a child who suffered this awful trauma and survived. But also because he had this amazing cousin in the States, Marwa, to help us advocate for him.”
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Read the complete article at the link.
Lots of heroes here, starting with 17-year-old Marwa who was determined to save her brother!
Jennifer Atkinson, Esquire Damariscotta, ME PHOTO: Law firm
Also, to crib from my friend Dan Kowalski over at LexisNexis, “hats way way off” to life-saving NDPA superstar lawyer Jennifer Atkinson of Damariscotta, Maine. I have previously featured Jennifer’s humanitarian exploits. https://wp.me/p8eeJm-70K
Additionally, I appreciate PPH staff writer Kelly Bouchard for her outstanding coverage of then “human side” of refugee resettlement in Maine.
The Maine Council of Churches and The BTS Center are hosting an online reading of the “Letter from Birmingham Jail” at 12:15 p.m. on Jan. 16.
The event is free and open to the public. Those who register to attend are invited to donate to the Maine Initiatives Outdoor Equity Fund, which will make grants to organizations led by people of color that work to improve outdoor equity and access to nature-based learning. More information about the fund is available at maineinitiatives.org.
Those interested in attending can register at thebtscenter.org/committed-to-listen-mlk-day-2023. The reading will also be streamed on the Facebook pages for the Maine Council of Churches and The BTS Center.
On April 16, 1963, the Rev. Dr. Martin Luther King Jr. wrote a letter.
He had been arrested four days earlier for disobeying a court order that prohibited protests in Birmingham, Alabama. From his jail cell, he wrote to eight white religious leaders who had publicly condemned ongoing civil rights demonstrations. He decried the silence of white moderates and argued that racial violence demanded a more urgent response than those clergymen had counseled.
Sixty years have passed, but that message still rings true for the Rev. Allen Ewing-Merrill. He is the executive director of The BTS Center, a Maine nonprofit that offers theological programs. He rereads the letter every year on Martin Luther King Jr. Day and reflects on its call to be more courageous than cautious.
“We like to think that racism is that awful thing that other people do, the blatant white supremacist brand of violence,” he said. “But in the letter, Dr. King really pulls out the nuance of that and reminds us that racism is the violence of silence.”
This year, the Maine Council of Churches and The BTS Center chose the Letter from Birmingham Jail for an online reading to mark the holiday. King’s words will be read by eight people from Maine’s faith and social justice communities. For the Portland Press Herald/Maine Sunday Telegram, four of the readers reflected on passages they will recite during Monday’s event and the letter’s relevance to the modern world. Those passages and the readers’ comments are shown here.
Professor Philip G. Schrag Georgetown Law Co-Director, CALS Asylum ClinicProfessor from Practice; Director, Human Rights Institute; Director, Center for Applied Legal Studies PHOTO: GeorgetownLawProfessor Jaya Ramji-Nogales, Associate Dean for Academic Affairs I. Herman Stern Research Professor Temple Law PHOTO: Temple Law
Here’s the abstract of the latest “practical scholarship” from the RR3:Professors Phil Schrag, Andy Schoenholtz, and Jaya Ramji-Nogles, “The New Border Asylum Adjudication System: Speed, Fairness, and the Representation Problem,” which will appear in the Howard Law Journal:
The New Border Asylum Adjudication System: Speed, Fairness, and the Representation Problem
In 2022, the Biden administration implemented what the New York Times has described as potentially “the most sweeping change to the asylum process in a quarter-century.” This new adjudication system creates unrealistically short deadlines for asylum seekers who arrive over the southern border, the vast majority of whom are people of color. Rather than providing a fair opportunity for those seeking safety to explain and corroborate their persecution claims, the new system imposes unreasonably speedy time frames to enable swift adjudications. Asylum seekers must obtain representation very quickly even though the government does not fund counsel and not enough lawyers offer free or low-cost representation. Moreover, the immigration statute requires that asylum seekers must corroborate their claims with extrinsic evidence if the adjudicator thinks that such evidence is available – a nearly impossible task in the time frames provided by the new rule. As a result, the new rule clashes with every state’s Rules of Professional Conduct 1.1 and 1.3, imposing duties of competence and diligence in every case that a lawyer undertakes. It will be extremely difficult for lawyers to provide competent and diligent representation under the new, excessively short deadlines. For immigration lawyers, the new rule exacerbates a challenge that they share with public defenders and other lawyers working within dysfunctional systems: how to provide even the most basic level of procedural due process for their clients, most of whom are people of color.
This article begins by describing the regular asylum process. It then summarizes the history of expedited removal, a screening system that limits access to that process for asylum seekers who arrive at the southern U.S. border without visas. It then explains and assesses the Biden administration’s first and second versions of the new asylum rule, highlighting the major flaw that will make the current version an unfairly formidable hurdle for asylum seekers subject to it. The article concludes by setting out a way for the Biden administration to create a more fair, accurate and efficient border asylum adjudication system and ensure that the U.S. can comply with domestic and international refugee law.
Keywords: Asylum, Asylum adjudication, Asylum process, Expedited removal, Immigration, Legal ethics, Due process, Administrative law
JEL Classification: K39
Suggested Citation:
Schrag, Philip G. and Ramji-Nogales, Jaya and Schoenholtz, Andrew I., The New Border Asylum Adjudication System: Speed, Fairness, and the Representation Problem (September 29, 2022). Howard Law Journal, Vol. 66, No. 3, 2023, Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4233655
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New regulations pasted on old anti-asylum, anti-lawyer, anti-due-process attitudes and relying on an ever more dysfunctional EOIR, now at war with the asylum bar, won’t cut it! Albrecht Dürer, Public domain, via Wikimedia Commons
You can download the complete article from SSRN at the above link.
Expect the Biden Administration to “blow off” the suggestions for improvement at the end of the article. They seem to glory in “tuning out” the views of practical experts who know how to fix the broken asylum adjudication system.
As I predicted when these regulations first came out, they were “programmed for failure.”
Due-process-denying, representation-killing, arbitrary time limits imposed from above have been tried by Administration after Administration. They have always failed and will continue to do so. So, why are they a key part of the Administration’s so-called “reforms?”
Compare the article’s discussion of the importance of representation and the practical and ethical problems caused by the new regulations with the reality of the “nutsos” ways EOIR is mis-treating attorneys currently trying to practice before the Immigration Courts!
Additionally, the unwarranted, yet largely self-fulfilling assumption by the Biden Administration that only 15% of asylum applications would be granted at the “Asylum Office stage” show why this program was designed to fail by the wrong officials. For the system to meaningfully address the Immigration Court asylum backlog, the grant rate would have to be multiples of that — probably at least 50%.
That’s a realistic projection, given the well-documented, atrocious human rights conditions in most “sending countries” and the current artificial limitations on grants imposed by bad precedents and flawed, biased, or incompetent adjudications. When I was at the Arlington Immigration Court from 2003-16, a significant majority of the “referrals” from the Asylum Office were granted asylum, withholding of removal, or CAT protection, often with concurrence or only token opposition by ICE. That suggests that there is a huge unrealized potential for many more timely asylum grants at the Asylum Office. But, success will never be achieved with the current “anti-asylum, afraid to correctly and fairly implement refugee law gang” in charge — committed to retaining the bad attitudes and repeating the mistakes of the past!
Hanging over the whole disaster is the “uncomfortable truth” that I’ve been shouting:
The Biden Administration is still operating EOIR and large portions of the immigration bureaucracy at DHS with Trump-era “holdovers” who were improperly “programmed to deny” asylum.
There is a dearth of positive precedents from the BIA on gender-based asylum and other types of common asylum applications at the border that are routinely and wrongfully mishandled and denied.
There are cosmic problems resulting from failure to provide qualified representation of asylum seekers at the border.
Detention continues to be misused as a “deterrent” to legal claims and “punishment” for assertingthem.
Despite “touting” a much larger refugee admissions program beyond the border, the Administration has failed to deliver a robust, realistic, refugee admissions program for Latin America and the Caribbean which would take pressure off the border.
Racism and White Nationalism continue to drive the Administration’s dramatically inconsistent approach to White refugees from Ukraine compared with refugees of color at the Southern Border.
Indeed, this entire “reform effort” is essentially “upside down.” It’s a “designed to fail” attempt to avoid the broken and malfunctioning Immigration Court system without dealing with the REAL problem: EOIR!
Without the necessary progressive personnel and structural reforms at Garland’s EOIR (“clean house” of unqualified, under-qualified, or misplaced administrators and judges from past Administrations), the cultural changes (“out with the anti-asylum, anti-immigrant, racially challenged, too often misogynistic, EOIR culture”) it would bring, and most of all, the substantive changes to align asylum law with due process, best practices, and the generous interpretations that were foreshadowed by the Refugee Act of 1`980 but have been intentionally suppressed by politicos of both parties, there will be neither justice nor stability in our asylum and immigration systems, nor will there be equal justice for all, including racial justice, in America!
Even my esteemed “RR3” friends understate the debilitating effects of the ever-worsening dysfunction at EOIR and Garland’s failure of leadership on due process and human rights!
Perhaps the most telling statement in their article is this: “Asylum officers are more highly trained in asylum adjudication than immigration judges . . . .”Why, on earth, would that be?
Why isn’t the BIA led and comprised of internationally-respected asylum experts like Schrag, Schoenholtz, Ramji-Nogales, and others like them? Why aren’t all Immigration Judges drawn from the ranks of universally-respected “practical scholars” in asylum and human rights?Plenty of them are out here! Why aren’t they on the bench? Why is the Biden Administration running a “D-Team Judiciary” at EOIR rather than “the world’s best administrative tribunals, guaranteeing fairness and due process for all” as EOIR was once envisioned? What’s the excuse for lousy training at EOIR when top-flight “modulated” asylum training is available from expert sources like Professor Michele Pistone’s innovative VIISTA Villanova program? What’s the excuse for the colossal EOIR failure that threatens lives and our democracy on a daily basis? Why aren’t alarm bells going off at the White House about Garland’s failed stewardship at EOIR?
Reforming the asylum system, starting with EOIR, could also potentially have big societal and economic benefits for America. Asylees gain legal status, can work, get in line for green cards, eventually become citizens, and realize their full potential as productive members of our society. Not incidentally, they also become regular taxpayers and can help bolster essential enterprises and infrastructure improvements.
For example, just yesterday the Portland (ME) Press Herald featured an article about the critical, chronic shortage of workers in Maine. https://www.pressherald.com/2022/10/02/how-can-maine-solve-its-workforce-crisis/ Why isn’t the Biden Administration working with Maine authorities, NGOs, and economic development groups to “fast track” asylum approvals for those who might be persuaded to resettle in Maine to take advantage of these economic opportunities, for everyone’s benefit? Mainers also are suffering from a shortage of affordable housing. I’ll bet that with a little “seed money,” there are enterprising, skilled groups of potential asylees who could help build and maintain affordable housing for communities in need, in Maine and elsewhere in the U.S. Why are they instead “rotting at the border” or being aimlessly “orbited” around America by nativist GOP governors trying to score political points with their White Nationalist base?
By adopting the nativists’ dehumanizing mis-characterization of asylum seekers as a “problem” to be measured in “numbers,” deterred, and held at bay, the Administration is missing a golden opportunity to achieve some much-needed “win-wins.” Why run bone-headed “built to fail, haste makes waste” asylum pilot programs in a few cities rather than trying things that might work to everyone’s advantage, as I have described above?
At a time when many in America are finally learning the truth about our disgraceful failure to offer refuge to Jews during the period leading up to the Holocaust from the Ken Burns documentary, we (our at least some Americans) appear to be committed to making the same mistakes again. We should not undervalue the lives and contributions of refugees because of systemic or structural boas against certain groups!
Claiming to “reform” the U.S. refugee and asylum system without dealing with the ongoing, worsening, disasterous dysfunction at EOIR is a fool’s errand. The way to make the system work more efficiently is to grant the large number of deserving asylum cases in a timely, practical, manner driven by due process, best practices, and best interpretations of asylum law. Unless and until those in charge act on this truth, the awful mess at EOIR will continue to be an existential threat to democracy!
Immigrations expert outlines next steps for Martha’s Vineyard migrants
Governor Baker has activated 125 members of the Massachusetts National Guard to assist in relief efforts for the nearly 50 migrants who came here last week.
Those migrants are now staying at Joint Base Cape Cod after they were flown into Martha’s Vineyard on Wednesday.
“There’s no doubt about the fact that it was a political move, not a move calculated to make the system work or to help people,” said Paul Wickham Schmidt, a retired U.S. Immigration judge and adjunct professor at Georgetown University.
Schmidt says it was surprising to see dozens of migrants dropped off on Martha’s Vineyard last week without any notice.
“With advanced notice, I think they could have done an even better job and probably with more focus on helping the individuals and less focus on what’s happening here,” said Schmidt.
People living on Martha’s Vineyard jumped into action to provide food and shelter for the immigrants from Venezuela, and now this weekend, they’ve been moved to dorms set up at Joint Base Cape Cod, where MEMA is trying to keep families together while providing not only beds and food, but also services from health care to legal support.
“Getting somebody who can take a personal interest and can make sure people can check in where they’re supposed to,” said Schmidt.
Schmidt says now, the migrants will need lawyers to help them check into an ICE office, Immigration court and an asylum office – all of which didn’t exist on Martha’s Vineyard.
Even though the last few days have been confusing, Schmidt believes the migrants will get the help they need as they get closer to Boston.
“This could have some silver linings because I think the people aren’t in Texas, which is sort of an asylum-free zone, where the judges deny almost every asylum case and there’s obviously a hostile local attitude,” said Schmidt.
Schmidt says immigration courts in Massachusetts are more likely to grant asylum cases than in Texas or Florida.
State leaders say they appreciate all the donations and support coming in for the migrants, but at this point they can’t accept any donations at Joint Base Cape Cod.
If you’d like to donate to the relief efforts, you should send an email to the Massachusetts Voluntary Organizations Active in Disasters at MAVOAD@gmail.com.
As the latter article from Paul Waldman @ WashPost points out, the GOP has no answers whatsoever about how to reform the U.S. immigration system. Dems have some proposals, but lack qualified, expert dynamic leadership on the issue.
Even without legislation, there are lots of things the Biden Administration could have done by now to fix the broken asylum and refugee systems and make them functional, using current law! The biggest missed opportunity is painfully obvious to all expert observers: Fix the broken Immigration Courts starting with the Trump holdover BIA which is still a serious and unconscionable drag on our entire legal system!
For example, given the size and importance of the Venezuelan refugee flow, and the mass of available documentation about the truly horrible human rights conditions under the Maduro regime in Venezuela, there should be many BIA precedents guiding practitioners and judges on how to prepare and grant asylum to Venezuelan asylum seekers. This would encourage and facilitate DHS, the private/NGO bar, and Immigration Judges in rapidly moving Venezuelan asylum grants through the system in a timely fashion.
Instead, there are no favorable Venezuelan asylum precedents that I know of. Moreover, almost all the recently BIA precedents on asylum are crabbed, legally deficient, often factually misleading, sometimes anti-historical, “prompts” on how to manipulate the law to improperly deny needed protection. They send grossly improper signals to already under-trained Immigration Judges that “any reason to deny asylum” is the BIA’s “comfort zone.”
There is an old saying that “elections have consequences.” But, apparently, when Dems win and Merrick Garland is the Attorney General, not so much.
Unfortunately, given the disorder and dysfunction promoted by Garland’s Immigration Courts’ biased and defective handling of asylum cases — essentially “working overtime” to manufacture bogus reasons to deny “slam dunk” asylum grants and providing defective guidance — and the disturbing lack of competent leadership on immigration and human rights by the Biden Administration, that’s going to take litigation in the Article IIIs. Getting individuals out of “Asylum Free Zones” operating in violation of sound legal standards for adjudicating asylum cases, primarily in the 5th and 11th Circuits, will be a huge “plus.”
Keep the focus on the “good guys” who need our help! That’s the best way of taking it to the cowardly grandstanders using humans as pawn and “photo ops.” It’s also the best way of dealing with clueless Dems, like Garland, who empower the “DeSantis’s of the world” by failing to fix our failing legal refugee and asylum systems and to vigorously stand up for the legal and human rights of those needing and deservingprotection!
There is a “great story” to tell about the contributions of those granted asylum and other immigrants to America. If Garland and “tone deaf” Dems are afraid to tell it, it’s up to the rest of us to do the work for them!
Since it seems clear we will be deciding whether we want to preserve the Social Security Act by our choice of leaders in the next few elections, I thought it not unreasonable to reprint this piece from last year about why people in the 1930s thought the measure was imperative. There is more news about the classified material at Mar-a-Lago, but nothing that can’t wait another day so I can catch this anniversary.
By the time most of you will read this, it will be August 14, and on this day in 1935, President Franklin Delano Roosevelt signed the Social Security Act into law. While FDR’s New Deal had put in place new measures to regulate business and banking and had provided temporary work relief to combat the Depression, this law permanently changed the nature of the American government.
The Social Security Act is known for its payments to older Americans, but it did far more than that. It established unemployment insurance; aid to homeless, dependent, and neglected children; funds to promote maternal and child welfare; and public health services. It was a sweeping reworking of the relationship between the government and its citizens, using the power of taxation to pool funds to provide a basic social safety net.
The driving force behind the law was FDR’s Secretary of Labor, Frances Perkins. She was the first woman to hold a position in the U.S. Cabinet and still holds the record for having the longest tenure in that job: she lasted from 1933 to 1945.
She brought to the position a vision of government very different from that of the Republicans who had run it in the 1920s. While men like President Herbert Hoover had harped on the idea of a “rugged individualism” in which men worked their way up, providing for their families on their own, Perkins recognized that people in communities had always supported each other. The vision of a hardworking man supporting his wife and children was more myth than reality: her own husband suffered from bipolar disorder, making her the family’s primary support.
As a child, Perkins spent summers with her grandmother, with whom she was very close, in the small town of Newcastle, Maine, where the old-fashioned, close-knit community supported those in need. In college, at Mount Holyoke, she majored in chemistry and physics, but after a professor required students to tour a factory to observe working conditions, Perkins became committed to improving the lives of those trapped in industrial jobs. After college, Perkins became a social worker and, in 1910, earned a masters degree in economics and sociology from Columbia University. She became the head of the New York office of the National Consumers League, urging consumers to use their buying power to demand better conditions and wages for the workers who made the products they were buying.
The next year, in 1911, she witnessed the Triangle Shirtwaist Fire in which 146 workers, mostly women and girls, died. They were trapped in the building when the fire broke out because the factory owner had ordered the doors to the stairwells and exits locked to make sure no one slipped outside for a break. Unable to escape the smoke and fire in the factory, the workers—some of them on fire—leaped from the 8th, 9th, and 10th floors of the building, dying on the pavement.
The Triangle Shirtwaist Fire turned Perkins away from voluntary organizations to improve workers’ lives and toward using the government to adjust the harsh conditions of industrialization. She began to work with the Democratic politicians at Tammany Hall, who presided over communities in the city that mirrored rural towns and who exercised a form of social welfare for their voters, making sure they had jobs, food, and shelter and that wives and children had a support network if a husband and father died. In that system, the voices of women like Perkins were valuable, for their work in the immigrant wards of the city meant that they were the ones who knew what working families needed to survive.
The overwhelming unemployment, hunger, and suffering caused by the Great Depression made Perkins realize that state governments alone could not adjust the conditions of the modern world to create a safe, supportive community for ordinary people. She came to believe, as she said: “The people are what matter to government, and a government should aim to give all the people under its jurisdiction the best possible life.”
Through her Tammany connections, Perkins met FDR, and when he asked her to be his Secretary of Labor, she told him that she wanted the federal government to provide unemployment insurance, health insurance, and old-age insurance. She later recalled: “I remember he looked so startled, and he said, ‘Well, do you think it can be done?’”
Creating federal unemployment insurance became her primary concern. Congressmen had little interest in passing such legislation. They said they worried that unemployment insurance and federal aid to dependent families would undermine a man’s willingness to work. But Perkins recognized that those displaced by the Depression had added new pressure to the idea of old-age insurance.
In Long Beach, California, Dr. Francis Townsend had looked out of his window one day to see elderly women rooting through garbage cans for food. Appalled, he came up with a plan to help the elderly and stimulate the economy at the same time. Townsend proposed that the government provide every retired person over 60 years old with $200 a month, on the condition that they spend it within 30 days, a condition designed to stimulate the economy.
Townsend’s plan was wildly popular. More than that, though, it sparked people across the country to start coming up with their own plans for protecting the elderly and the nation’s social fabric, and together, they began to change the public conversation about social welfare policies.
They spurred Congress to action. Perkins recalled that Townsend “startled the Congress of the United States because the aged have votes. The wandering boys didn’t have any votes; the evicted women and their children had very few votes. If the unemployed didn’t stay long enough in any one place, they didn’t have a vote. But the aged people lived in one place and they had votes, so every Congressman had heard from the Townsend Plan people.”
FDR put together a committee to come up with a plan to create a basic social safety net, but committee members could not make up their minds how to move forward. Perkins continued to hammer on the idea they must come up with a final plan, and finally locked the members of the committee in a room. As she recalled: “Well, we locked the door and we had a lot of talk. I laid out a couple of bottles of something or other to cheer their lagging spirits. Anyhow, we stayed in session until about 2 a.m. We then voted finally, having taken our solemn oath that this was the end; we were never going to review it again.”
By the time the bill came to a vote in Congress, it was hugely popular. The vote was 371 to 33 in the House and 77 to 6 in the Senate.
When asked to describe the origins of the Social Security Act, Perkins mused that its roots came from the very beginnings of the nation. When Alexis de Tocqueville wrote Democracy in America in 1835, she noted, he thought Americans were uniquely “so generous, so kind, so charitably disposed.” “Well, I don’t know anything about the times in which De Tocqueville visited America,” she said, but “I do know that at the time I came into the field of social work, these feelings were real.”
With the Social Security Act, Perkins helped to write into our laws a longstanding political impulse in America that stood in dramatic contrast to the 1920s philosophy of rugged individualism. She recognized that the ideas of community values and pooling resources to keep the economic playing field level and take care of everyone are at least as deeply seated in our political philosophy as the idea of every man for himself.
When she recalled the origins of the Social Security Act, Perkins recalled: “Of course, the Act had to be amended, and has been amended, and amended, and amended, and amended, until it has now grown into a large and important project, for which, by the way, I think the people of the United States are deeply thankful. One thing I know: Social Security is so firmly embedded in the American psychology today that no politician, no political party, no political group could possibly destroy this Act and still maintain our democratic system. It is safe. It is safe forever, and for the everlasting benefit of the people of the United States.”
Perkins was an original “good government person,” unfortunately, an increasingly rare breed. She recognized that a strong, reliable government safety net promotes personal independence and achieving full individual potential.
Frances Perkins Homestead Damariscotta, ME PHOTO: Francis Perkins Center
Perkins had strong Maine ties to her ancestral homestead in Newcastle, ME. It’s near our summer home in Boothbay Harbor, ME. A few years ago, Cathy and I had a chance to tour the homestead, now owned and maintained by the Frances Perkins Center in Damariscotta, ME.
Where else on the peninsula would you see in a church five young foreigners laughing and speaking in Turkish with a 96-year-old parishioner, exchanging contacts and making plans to visit again?
With love, the Congregational Church of Boothbay Harbor welcomed over 186 workers from away who traveled from other countries and around the USA to work in our community on June 27. This long tradition continues to “welcome strangers” and give them community support information to make their stay safer and more enjoyable.
Thirty-seven (37) of those 186 were able to get to the church to enjoy a “lunch and learn.” The remaining received gift bags from the church which were hand delivered to 149 workers by the Mission Committee.
At the “lunch meet” this shy and reticent group of 37 soon turned into an upbeat and hopeful number of workers who got to know each other and make plans to socialize together. We, the Mission Committee, learned a lot, too, about each of their homes of origin, their aspirations and fears.
There were workers from Russia, Serbia, Romania, India, Moldova, Albania, Croatia, Turkey and Montenegro as well as Texas, Maine, Washington, D.C., Silver Spring, Maryland and Kansas.
With a delicious takeaway lunch on site, they heard from our pastor, police department; Rotary and our town’s resources. They appreciated learning how to feel safe here and how to utilize our local services. Included in this event were Rotary bikes for loan with a $100 deposit.
For those who could not attend, we distributed gifts to the participating businesses’ 145 workers with gifts of information and fun food. Nearly every business that hires these folks participated and voiced their appreciation of the event.
The workers were interested in fun together in their free time and agreed to share their contact information with each other. They asked for us to arrange for a second event in September so that they might learn from each others’ experiences. One medical student asked to participate in a local community project and will be a guest at our upcoming Mission Committee meeting.
We offer a special thanks to all of the businesses which chose to participate and especially to Hannaford which donated a great deal of food.
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Workers from abroad have been an essential part of the summer economy here in Boothbay Harbor for the decades we have been coming here. They enrich everyone’s experience while learning and experiencing some “real Americana!”
And, there can be little doubt why the Boothbay Region is an international,drawing card!
S/V Believe Home Port, Bradenton FL Anchored in Linekin Bay Captains Rick & Julie PetersonLewis CoveGo Pack! — Go Badgers!The Isaac H. EvansLinekin BayBoothbay Harbor from East Side — Whales Tale Pub“Dunky Dog”
Report on Boston Asylum Office finds disproportionately low acceptance rates, bias against applicants
The office serving asylum seekers in and around Maine has the second lowest approval rate in the nation, according to a report by Maine immigrant advocacy groups.
The Boston Asylum Office has the second lowest acceptance rate of any office in the nation, and granted asylum to only 11 percent of its applicants in 2021, according to a report by Maine legal aid organizations handling immigration cases and advocates for reform.
The report says the office that serves asylum seekers in and around Maine is plagued by bias and burnout, and that its low grant rate is “driven by a culture of suspicion” toward asylum seekers.
The process of seeking asylum in the United States begins with an application to U.S. Citizen and Immigration Services. Applicants must prove they are fleeing a country in which they previously suffered persecution or were at risk of persecution based on race, religion, nationality, membership in a particular social group or political opinion.
Applications go through asylum offices first, which can either grant asylum from the outset or refer an application to an immigration court for a judge to consider.
Jennifer Bailey, an attorney for the Immigrant Legal Advocacy Project and one of the report’s authors, said almost all asylum seekers she works with eventually obtain asylum status through immigration court, after failing to be granted asylum at the Boston Asylum Office. But the court process can take years, and, while they’re waiting, applicants aren’t able to access federal student aid, social services or educational opportunities. Even worse, they spend that time away from their families, who can still be at risk.
“It’s not uncommon for people’s (families) left at home to die while they’re waiting, or to be lost within the violence,” Bailey said.
Collaborating with the Immigrant Legal Advocacy Project on the report were the Refugee and Human Rights Clinic at the University of Maine School of Law, the ACLU of Maine and a visiting lecturer at Amherst College in Massachusetts who spent eight years waiting on a decision from the Boston Asylum Office and was ultimately denied in May 2021. Today, he and his family live in Canada.
During its first five years, the Boston office – which opened in 2015 and processes about 5,600 applications a year – granted roughly 15 percent of its asylum applications on average, the report states. Meanwhile, offices in San Francisco and New Orleans were accepting asylum requests at rates that were more than three times higher. Nationally, the acceptance rate from 2015 to 2020 was 28 percent, the report says.
The report acknowledged that asylum officers who approve or refer cases to court face a “complex and essential” list of responsibilities. Being overworked and having less time to consider cases often results in asylum officers sending more referrals to immigration court, said some former officers cited in the report.
Meanwhile, supervising officers play an “outsized” role in the asylum-granting process, according to the report. If an asylum officer recommends granting asylum and the supervisor disagrees, the officer could face retaliation in the form of more work or a negative performance evaluation, the report states.
PRESUMPTION OF FRAUD
The report’s authors contend that their research “strongly suggests” that Boston’s asylum office doesn’t consider applications from a neutral stance, “but rather presumes they must be fraudulent or pose a security threat.” Of 21 trainings for asylum officers mentioned in the report, 14 were focused on fraud detection. Former officers told the report’s authors that constantly hearing concerns about fraud and credibility made them think such problems were more prevalent than they were.
“They’re telling their story, which, no matter what, can involve this unimaginable trauma of torture and violence or sexual violence or death,” Bailey said of asylum seekers. “Put yourself in that position and imagine how hard it is to talk about the worst thing that’s ever happened to you in your life, and having this officer – who has the power to help you and your family – say ‘No, I don’t believe you.’”
According to the report, bias and skepticism in the office extend to certain countries. The Boston Asylum Office granted only 4 percent of asylum applications from the Democratic Republic of Congo from 2015 to 2020, even though the U.S. has acknowledged significant human rights violations in that country, including unlawful killings and torture, the report says. The office granted only 2 percent of its applications from Angola, another country where there is known abuse.
The Newark Asylum Office in New Jersey, which also serves some of New England, granted asylum to 17 percent of its applicants from Angola and 33 percent of its applicants from the Democratic Republic of Congo.
English-speaking applicants are nearly twice as likely to be granted asylum as non-English speakers, who are referred to immigration court 80 percent of the time, the report says. Asylum-seekers who can speak English are referred to immigration court just under 60 percent of the time.
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Read the rest of Emily’s fine article at the link.
I did lots of DRC cases over 13 years on the trial bench! Most had lawyers and were extremely well-documented. Often ICE didn’t oppose grants (prior to Trump).
In Arlington, with agreement from the parties, they were candidates for the “short docket.” Nearly all the DRC cases “referred” from the Arlington Asylum Office were granted upon “de novo” review in Immigration Court.
This is a prime example of how our asylum system seriously regressed under Trump and has not been fixed by Garland and Mayorkas! No wonder our Immigration Courts are hopelessly and unnecessarily backlogged with an astounding 1.6 million pending cases. Bad judging, systemic anti-asylum bias, lack of competence, and gross mismanagement by DOJ and DHS are taking a toll on democracy and humanity!
Pathetically and disingenuously, USCIS tries to blame their malfeasance and lack of competence on “the pandemic.” That drew one of the more perceptive public comments I’ve seen recently:
Pandemic restrictions didn’t create bias in other asylum offices – that’s a totally inadequate excuse.
For sure! Just like it’s a pretext for the elimination of our legal asylum system at the border that Garland disgracefully defends! Think that the “anti-asylum culture” problem ends with USCIS? Guess again?
Former Attorney General Jeff “Gonzo Apocalypto” Sessions was never bashful about sharing his White Nationalist, nativist, xenophobic falsehoods and myths about asylum seekers with his “captive” Immigration Judges. That’s right, for those not “in the know,” amazingly the “courts” that are supposed to provide expert legal precedents on asylum law and give a “fresh look” to those cases not granted by the Asylum Office aren’t “courts” at all as most Americans know them. They are run by the chief law enforcement official of the United States, the Attorney General, even though they are called “Immigration Courts.”
Sessions actually made the following statement, unsupported by any hard evidence, to a group of his wholly owned “judges” on October 12, 2017:
“We also have dirty immigration lawyers who are encouraging their otherwise unlawfully present clients to make false claims of asylum providing them with the magic words needed to trigger the credible fear process.”
At the same time, he announced that he was, on his own motion and over the objection of the DHS and the applicant, “undoing” the leading BIA precedent recognizing gender-based harm as a ground for asylum. For a good measure, he also warned his supposedly, but not really, “fair and impartial judges” that he expected them to strictly apply precedent — HIS precedents, that is. In other words, start cranking out those asylum denials or your career might be in peril!
Some judges chose to resign or retire. Some kept on doing their jobs conscientiously, legitimately “working around” Sessions’s poorly reasoned and factually inaccurate anti-asylum precedents. Many, however, chose to “go along to get along” with the anti-asylum program — some happily (there were reportedly some cheers and applause when Sessions announced his cowardly assault on vulnerable refugee women of color), some not.
So clearly wrong and totally off-base was Sessions’s assault on asylum-seeking women, primarily those of color, that even the otherwise timid and reticent AG Merrick Garland had to reverse it during his first year in office and restore the prior BIA precedent. However, there has been no further guidance from the BIA on properly and generously applying this potentially favorable, life-saving precedent.
President Biden charged Garland and Mayorkas with developing regulations on gender-based claims by October 2021. Obviously, that date has come and gone with the regulations still MIA!
Think that promoting a culture of xenophobia, racism, and overt bias has no effect? During the Trump Administration, although conditions for refugees, and particularly for refugee women, worsened over that time, the Immigration Court asylum grant rate fell precipitously — from more than 50% during the mid-years of the Obama Administration to only 23% during FY 2020, the last full year of the Trump regime.
The Immigration Courts and especially the BIA were “packed” by Sessions and his successor “Billy the Bigot” Barr with questionably qualified “judges” perceived to be willing to do their nativist bidding. Inexplicably, Garland has been unwilling to “unpack” them, despite these being DOJ attorney positions in the “excepted service,” NOT life-tenured Federal Judges.
Consequently, life or death asylum decisions today depend less on the legal merits of an applicant’s case than they do on the particular Immigration Judge assigned, the composition of the BIA “panel” on appeal, the Federal Circuit in which the case arises, and even the composition of the panel of U.S. Circuit Judges who might review the case.
They also depend on whether the applicant is fortunate enough to have a lawyer (not provided by the USG). Any unrepresented, often non-English-speaking asylum seeker has little or no chance of negotiating the intentionally arcane, opaque, unnecessarily hyper technical, and “user unfriendly” asylum system in Immigration “Court” without expert help.
Almost every week, the Circuit Courts of Appeals publish major decisions pointing out elementary legal and factual errors by the BIA’s “deportation railroad.” But, that’s just the tip of the iceberg! The vast majority of life-threatening errors by the Immigration Courts go uncorrected as the applicants are unable to pursue their cases to the Courts of Appeals or are “duressed” by DHS detention in substandard conditions into giving up viable claims.
Check out some of these denial rates by ten of Barr’s BIA appointees who previously served as Immigration Judges. Those judges are listed with their asylum denial rates, according to Syracuse University’s 2021 TRAC Reports:
Michael P. Baird (91.4%),
William A. Cassidy (99%),
V. Stuart Couch (93.3%),
Deborah K. Goodwin (91%),
Stephanie E. Gorman (92%),
Keith Hunsucker (85%),
Sunita Mahtabfar (98.7%),
Philip J. Montante, Jr. (96.3%),
Kevin W. Riley (90.4%),
Earle B. Wilson (98.2%)
Gee, these guys make even the artificially high nationwide asylum denial rates (76%) resulting from Trump’s all-out assault on due process and the rule of law look low by comparison! Gosh, only one of these Dudes was even within 10% (just barely) of that already outrageously high, artificially “reverse engineered” national denial rate.
Yet, inexplicably, these virulently anti-asylum judges continue to serve and negatively shape asylum law under Garland! Even “pre-Trump,” most of them avoided granting any asylum, in the face of precedents supposedly requiring generous application of the law in accordance with U.N. guidance and recognizing gender-based persecution as real.
So, it’s little surprise that no meaningful positive guidance or helpful interpretation has come from Garland’s BIA that might lead to expedited and consistent asylum grants to the many meritorious asylum cases now buried in his burgeoning 1.6 million case Immigration Court backlog! No wonder civil rights, human rights, equal justice, and Constitutional law experts consider Garland to be a failure as AG!
To date, Garland has appointed only one BIA Appellate Judge out of 21! That was to fill an existing vacancy. Judge Andrea Saenz is a superbly qualified asylum expert with scholarly credentials, “real life” experience representing asylum seekers in Immigration Court, clerking experience in those courts, and proven intellectual and practical leadership capabilities.
But, we need a “BIA of Judge Saenzes” — like yesterday! The talent is out there! But, Garland and his lieutenants have been too dilatory, tone deaf, and shockingly indifferent to these glaring due process, expertise, and racial justice issues to bring in the qualified judges and judicial administrators to fix his unjust, unfair, and grotesquely inefficient “courts.” Thus, the dysfunction grows, festers, and eventually destroys, maims, and kills! Is this really an appropriate “legacy” for a Dem Administration?
Today, in a WashPost OpEd, Krish O’Mara Vignarajah, President & CEO of Lutheran Immigration and Refugee Service, points out:
Why are members of this outrageous “protection deniers’ club” still on Garland’s broken and biased Immigration Court bench? You don’t have to be a human rights scholar or Constitutional law expert to see that there is something seriously wrong here that Garland is sweeping under the rug!
Yes, the best answer is an independent Article I Immigration Court, free from the mismanagement and political shenanigans of the DOJ, with a merit-based selection system for judges. But, that doesn’t absolve Garland from the responsibility to fix the existing system NOW before more lives are lost, futures ruined, and American justice irretrievably degraded!
The current racially discriminatory, scofflaw, patently unjust parody of a “court” system being run by Garland is as unacceptable as it is immoral!
Garland and Mayorkas have allowed this approach to asylum seekers to flourish on their watch. That raises serious questions about their suitability for their current positions! Albrecht Dürer, Public domain, via Wikimedia Commons
“Interim Regulations” Aren’t The Answer!
Today, the Biden Administration released new “Interim Asylum Regulations” that appear designed to fail. https://public-inspection.federalregister.gov/2022-06148.pdf. That’s because they don’t address the real competency, leadership, and legal problems plaguing the current system!
I won’t claim to have waded through every word of this entire 512-page mishmash of largely impenetrable bureaucratic gobbledygook. But, I can see it’s more tone-deaf micromanagement of the Immigration Court, along with the usual, arbitrary and capricious, unrealistic “off the wall” “time limits” that are guaranteed to make things worse, not better. It’s basically more of Garland’s “Aimless Docket Reshuffling” and his “Treadmill for Immigration Attorneys” that have already helped fuel unprecedented backlogs amidst wildly inconsistent results and a steady stream of life-threatening errors from his dysfunctional “courts.”
As if the answer to a poorly functioning, hopelessly self-backlogged, incompetent, biased, and unfair system is to “speed it up!” Come on, man! That suggests, quite incorrectly, that the primary problems in our asylum system are something other than lack of competence, integrity, expertise, and leadership at DHS and DOJ!
In reality, Garland’s defective “assembly line justice” at EOIR is already cutting so many corners and being so careless and “denial focused” that a steady stream of elementary legal errors show up in the Courts of Appeals every week. How is speeding up an already unfair and error plagued system going to make it better?
The real answer is to move the many grantable asylum cases that pass credible fear through the system correctly, fairly, on a reasonable, timely, predictable basis, with representation. That requires more and better trained Asylum Officers; different, better Immigration Judges who know how to recognize and grant asylum and keep the parties moving through the system; a new BIA of practical scholars who are due-process-oriented human rights experts to set favorable, practical asylum and procedural precedents and to keep IJs, AOs, and counsel for both sides in line; and close cooperation and advance coordination with the private bar and NGOs to insure representation of all asylum seekers.
This “interim regulation” avoids and obfuscates the necessary personnel replacement, attitude adjustment, and changes to the “culture of denial and deterrence” required in the Executive Branch for our asylum system to work! I predict colossal failure!
Get ready to litigate, NDPA! This is an “in your face,” largely unilateral, insulting approach. Rather than respecting your expertise, dedication, abilities, and counsel in fundamentally changing this system, Mayorkas and Garland intend arrogantly to “shove it down your throats and the throats of asylum seekers” with their inferior personnel, a toxic culture of denial, bad attitudes, and poor lawyering! Accept the challenge to resist!`
Sens. Susan Collins and Kyrsten Sinema, D-Ariz., introduced legislation Thursday to shorten the waiting period before asylum seekers are allowed to receive work authorizations.
The bill, co-sponsored by Sen. Angus King, would reduce the waiting period for work authorization eligibility to 30 days after an application for asylum is filed. It comes shortly after Rep. Chellie Pingree introduced a similar proposal in the House.
“The law currently prohibits asylum seekers from working for extended periods of time, which prevents them from supporting themselves and their families as they want to do. It also inadvertently places the burden of care on states and municipalities,” Collins, a Republican, said in a news release.
The bill comes as Maine is seeing an influx of asylum seekers to Portland, many of whom are being housed in hotels paid for with state and federal funds because of a lack of shelter space and available housing. For the week ending Feb. 5, Portland was housing 189 families, a total of 639 people, in hotels.
“Our bipartisan legislation would permit these individuals to work and contribute to the local economy while their asylum claims are being adjudicated,” Collins said. “This commonsense bill would help cities like Portland and their partners in the nonprofit community that are currently caring for a large number of asylum seekers.”
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Read the rest of Rachel’s report at the link. Notably, Senator Krysten Sinema (D-AZ) was also one of the sponsors.
As Senator King says:“Maine has always welcomed asylum seekers, who have made our communities stronger and richer – but current federal laws are blocking these people from pursuing a job to help them support their families and contribute to their local economies!”
Fixing it should have been “Day 1 Low Hanging Fruit” for the Biden Administration. After all, these are simple mostly “no-brainer adjudications” — such that they can barely be called “adjudications” at all. Basically, they require computerized records checks that most high school students probably could be trained to do efficiently in a few days. For example, the “adjudication” of an extension of work authorization is estimated to take about 12 minutes.
I’m old enough to remember the days “before the dreaded EAD” at the “Legacy INS.” Upon filing certain applications with the District Office, the officer simply stamped “Employment Authorized” on the individual’s paper I-94 card or in the passport and returned it to theapplicant on the spot. It wasn’t perfect, but it worked and was reasonably prompt, practical, functional, and inexpensive to administer.
Now, there are 31 pages of instructions for filing an Application for Employment Authorization on Form I-765. Many categories require a rather bloated $410 filling fee and others require an $85 “biometrics fee,” thus making “EAD” issuance and renewal a “profit center” for supposedly largely self-supporting USCIS adjudications.
The only things missing from this “new improved process:” common sense, competence, efficiency, and, most of all, public service, despite Director Jaddou’s recent rewrite of the USCIS mission statement. I wish she’d spend less time thinking and talking about “public service” and more effort fixing the fairly obvious problems interfering with the actual daily delivery of public service by USCIS.
New arrivals in South Portland schools bring challenges and joy
With asylum seekers arriving in Portland housed in South Portland hotels, South Portland schools gear up for more English language learners and celebrate the excitement they bring.
Divine Nsimba Lukombo 12, left, an 8th grader from the Democratic Republic of Congo, and 7th grader Odett Mavezo Junizi 12, also from the Congo, work together in a science class at South Portland’s Memorial Middle School.
When classes started this year at Memorial Middle School in South Portland, there was just one humanities class for students beginning to learn English. Now there are three.
The school has rearranged the schedules of English language teachers, added an additional part-time English language teacher and upped the hours of a second teacher.
It has limited new enrollments because it has no more space and is relying on the middle school on the other side of the city to absorb any additional students who come into the district.
“We’re just supporting way more kids in those English language learning classes,” said Principal Rebecca Stern.
The changes are necessary because the school district is seeing an influx of English language learner students driven by the arrival of asylum seekers from African countries. It’s hard to know exactly how many of the students are asylum seekers, but officials in South Portland say the increases they’re seeing stem from the placement of many asylum-seeking families in emergency shelter in local hotels.
Since the start of the school year, the South Portland School Department has served 305 homeless students. That’s up from 180 last school year and just 34 in 2019-20. The school system has 522 English language learner students, compared to 328 last year. And overall enrollment now is at 3,021 students, up from 2,887 in October.
English Language Learner teacher Kara Kralik works with students at Memorial Middle School in South Portland last week. Shawn Patrick Ouellette/Staff Photographer
South Portland is one of five communities where the city of Portland is placing asylum seekers in hotels because of a shortage of shelter space and housing.
Portland officials reported earlier this month that new arrivals had driven the highest ever nightly averages of people in need of shelter. In the first three weeks of January, 39 families needing shelter arrived in Portland – about one-third the number the city saw in all of 2020.
School officials in Portland and some surrounding communities like Old Orchard Beach and Brunswick, which are currently housing asylum seekers or have in the past, said they aren’t seeing increases in new students. Freeport, which is housing some new arrivals from Portland, has seen a small one.
“I would argue that right now we are the most impacted school district in the state when it comes to new families, many of whom do not speak English and are housing vulnerable,” said South Portland Superintendent Tim Matheney.
Schools across the district – from elementary to high school – have mobilized to welcome the newcomers. Most come from Angola and the Democratic Republic of Congo and have spent months or even years traveling to the United States to escape violence or instability in their home countries. And many have missed long periods of school as a result.
Teaching the students English, enrolling them in classes and making sure basic needs such as housing, food and warm clothing are being met present challenges. Schools need to hire more staff – English language teachers, social workers.
But the new students are making their schools far more diverse and filling them with excitement during a challenging year.
“In America right now, as we go through the pandemic and how education looks post-pandemic, people are really sad,” said South Portland High School Principal Michele LaForge. “The anxiety of our students and our staff is really high. This has been a really hard time and it continues to be hard.
“Our new Mainers, in a lot of ways, the hardest thing they’ve ever experienced is behind them. So there’s this energy around these new students. They’re just so delighted to be here. They’re never absent. They’re excited every second of every day.”
FILLING IN THE LEARNING GAPS
At Memorial Middle School on a recent morning, English language learner teacher Elizabeth Dawson worked with a dozen students in a math class for newcomers. Just the week before, Dawson had been assigned a new sixth-grade student who hadn’t been in school for five years. She said it’s not unusual for students to have large gaps in their education, and it’s her job to catch them up.
“In all of our classes we have this philosophy of addressing language skills and gaps, but we also know these students are 14,” Dawson said. “They’re cognitively and developmentally middle school students, so we also need to make sure our content is challenging them on a seventh-grade level.”
Tanya Nsumu, 12, left, originally from the Democratic Republic of Congo works with Maria Bikuma, 14, from Angola during math class last week at Memorial Middle School in South Portland where there is an influx of asylum-seeking students. Shawn Patrick Ouellette/Staff Photographer
Maria Bikuma and Tanya Nsumu, two students in Dawson’s class, sat in the back munching on breakfast as their teacher led them in a word problem that everyone read aloud together. Bikuma, who is from Angola and arrived in Maine over the summer, said she is enjoying making new friends and being in school.
“I like America because it’s a good country,” said the eighth-grader. “I can study here and the teachers are good.”
Because she speaks English well, Bikuma often acts as a translator between teachers and her fellow students who are new to the country and whose first language is most often Portuguese or French. She said the teachers are patient and more involved in helping students than in Angola, where students were more self-directed.
“People understand quickly because the teachers explain very good,” Bikuma said.
Nsumu also arrived over the summer, from the Democratic Republic of Congo. She left her home country when she was just 6 years old and spent time in South America, Mexico and Texas. When she arrived in Maine, she spoke no English, though that has quickly changed.
“Here is different because I have a new teacher that teaches good,” said the seventh-grader. “I have an iPad. I have a new life.”
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Read the rest of Rachel’s article at the link.
When I was a judge, I was often inspired by the amazing young people who came before me. Some of them had literally walked to the US, on perilous journeys, encountering unimaginable, sometimes unspeakable, hardships and trauma.
Their courage, life skills, and problem solving abilities were truly remarkable. Once here, many were helping their families while going to school and assisting their lawyers with their cases. Some were also involved in sports, music, or other extracurricular activities. (When I heard applause from my colleague Judge John Milo Bryant’s courtroom, I knew that was for another student-athlete or academic achievement.)
I often could see both English language proficiency and school grades improve from one court appearance to another. I invariably asked students about their progress in school. Many brought report cards to the next hearing to show me how they were doing.
I always told kids that no matter how their cases eventually came out, their education was theirs for life. So, I challenged them to take full advantage. And, most appeared to do so!
I saw some of them literally grow up and come of age in court and go on to contribute to our country and our communities while continuing to take outsized responsibilities for families. Many came from homes where the parents were both working two jobs to help forge better lives for their children.
Many of these cases eventually had happy endings. When they did, I always encouraged the younger generation to pay it back by helping their parents and insuring that they had the time, encouragement, and support to meet the requirements for naturalization so that they could become full participants in their communities and our nation.
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!
Jobs are more plentiful and increasingly well-paying, but asylum seekers can’t work for at least six months, sometimes longer – a willing and able workforce sidelined. They also can’t qualify right away for federal assistance programs like food stamps.
Every so often, staff members hear rumblings from someone in the community who suggests that asylum seekers are being helped at the expense of others, which isn’t true.
“There isn’t anything offered to them that isn’t offered to anyone else who walks through our door,” Guthrie said. “If someone presents, we try to help them.”
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With chronic labor shortages, Maine has benefitted greatly from doing the right thing, setting a great, positive example that could and should be a model for other states. Helping everyone to realize their ambitions and reach their full human potential is the way forward!
Maine Voices: Afghan refugees should get the same welcome America gave me
The only thing that can save people escaping the cruelty of war is the kindness of strangers.
BY REZA JALALI SPECIAL TO THE PRESS HERALD
To be honest, no one chooses to be a refugee.
Nobody wakes up one morning and decides to leave everything familiar behind, including their loved ones, to live in limbo for years, without valid papers, hoping a country would offer to resettle them. I did not.
ABOUT THE AUTHOR
Reza Jalali is the executive director of the Greater Portland Immigrant Welcome Center. His latest book, “Dear Maine: The Trials and Triumphs of Maine’s 21st Century Immigrants,” co-written with Morgan Rielly, will be out soon.
Fresh out of college, I was planning to return to Iran, where I was born, to reunite with my family when the 1979 Islamic Revolution, followed by the war with neighboring Iraq, caused turmoil there. These events made me a stateless person, with no country to which I could return.
Years earlier, I had gone to India, to study engineering; I was innocent of the world’s cruelty and life was mostly peaceful and good. Once the United Nations High Commissioner for Refugees in India, provided me with the refugee status, I applied for admission to the United States, as a refugee. Without a sponsor or a relative in America, I was sent to Portland for resettlement.
When I got to Portland, my new “home,” it felt like a sweet dream. To my tired eyes, the electric light seemed brighter and the sky looked bluer. Kind strangers offered housing, rides, and assistance to find a job. With hope, and faith in America, tucked away in my heart, where no personal doubt, or hostile looks could reach and touch, I started to build a new life. Like many others, I believed then, and still do, that America’s strength has been its willingness to add more chairs to the proverbial table.
My story, far from being unique, represents a reality in a world that is broken and re-broken now and again. The world is a dangerous place for the innocent civilians, including women and children. Today, there are some 80 million refugees, displaced internally or pushed out of their countries of birth. According to UNHCR “every minute 20 people leave everything behind to escape war, persecution or terror.”
Calamities, such as the one unfolding in Afghanistan now, after its sudden fall to the Taliban, show how chaotic our world is. Refugees are the byproduct of wars. It’d help if those against helping refugees were to oppose invasions and our government’s support for ruthless dictators, for the sake of access to cheap energy and national security.
Refugees, by their mere presence, in our communities, even when invisible to some, tell the stories of courage and human resilience. They also remind us of the cruelty of human beings at times of conflict and yet the kindness and compassion of strangers in receiving and helping them to feel safe and a chance to start new lives.
Across cities in the U.S. and in Maine, refugees, asylum seekers, migrant workers and immigrants are building, repairing, healing, teaching, growing food, creating art and so on. They are adding to the richness of the symphony we call America. And that is the central plot of the American story, for unless you come from a Native American tribe, you are either an immigrant, or were stolen in Africa and brought to America, as a slave.
In the weeks to come, as a former refugee, I will be unfurling the welcome mat and keeping open the same door, that let me and others before me in, for the expected Afghan refugees, many of whom had risked their lives helping Americans fighting in Afghanistan. Here at the Greater Portland Immigrant Welcome Center, in partnership with other nonprofits and others, we will offer a helping hand by teaching the Afghan refugees English remotely and supporting them to enter the workforce, when they are ready. As proper hosts, that’s the least we could do: small acts of love done for the sake of repairing our broken world.
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As CMS studies have proved over and over, refugees of all types are a huge benefit to our nation! But, that’s really “icing on the cake.” Even if refugees weren’t such a great economic benefit, that wouldn’t lessen our obligations to save them and give them shelter.
In the Afghan situation, our obligations ar increased by our involvement in their country.
Masuma Sayed, a member of Maine’s Afghan-American community, is struggling to help family members flee Afghanistan before Aug. 31. Ben McCanna/Staff Photographer
A trio of parakeets fills Masuma Sayed’s home in Portland with soft tweets as she recalls her recent visit to Afghanistan.
She returned to her native city of Kandahar in May, her first trip back in 28 years. She visited her mother’s grave, where as a teenager she would release birds that she bought in a shop on the way to the cemetery. Her mother loved birds, and so does she.
Sayed, 43, did not release birds when she was at her mother’s grave in May. Her heart was heavy, burdened by the memory of the evening that Taliban members burst into her family’s home and killed her mother and older sister, leaving behind their bullet-riddled bodies. Her sister was targeted because she was about to marry a soldier in the ruling government.
Her mother’s last words were whispered pleas to cover her sister’s face and bring her a cup of water.
Through the years, Sayed has lost 10 family members at the hands of the Taliban, including a brother-in-law and his brother, who were killed in June because they worked as contractors with U.S. forces. She’s trying to save more than 20 family members from a similar fate.
“Now I am the voice of my family,” Sayed said. “They cannot speak for themselves.”
Sayed is among a small but committed group of Afghan Americans, immigration lawyers and other Mainers who are anxiously trying to help evacuate people from Afghanistan by Tuesday’s deadline. There are about 50 to 70 Afghan families in Maine, or about 500 people, some of whom came here after helping U.S.-led forces oust the Taliban from power in 2001.
It’s a frustrating, confusing and rapidly changing situation that has called for extraordinary collaboration and sharing information across the country and the globe. Social service agencies and church groups in Maine are pitching in, doing what they can to provide assistance from 6,500 miles away.
“We know there is a huge humanitarian crisis going on and a lot of people in need,” said Sally Cloutier, chief operating officer at The Opportunity Alliance, a social service agency in Portland.
The Opportunity Alliance hosted a Zoom meeting last Thursday with Afghan Americans and other Mainers who are desperately trying to assist in the evacuation. Cloutier and her staff offered to support Afghan families in their efforts and pledged to hold a follow-up meeting this week to learn what more can be done.
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Jennifer Atkinson, Esquire Damariscotta, ME PHOTO: Law firm
“This is a rapidly evolving and extremely fluid situation,” said Jennifer Atkinson, an immigration lawyer in Damariscotta who is helping a Portland family that is trying to get loved ones out of Afghanistan.
“We’re certainly learning every day, every hour,” said Philip Mantis, legal director at the Immigrant Legal Advocacy Project in Portland.Without necessary paperwork, financial resources and commercial flights, getting out of Afghanistan is extremely difficult and dangerous, the lawyers explained.
Atkinson, who is helping her Portland clients pro bono, said she was discussing various options with them, including how their family members might “go to ground” and stay safe while in hiding. Trying to get out through Pakistan or other border crossings would be extremely “dicey,” Atkinson said.
One Afghan woman spoke tearfully during the meeting through an interpreter. She said her husband and son were waiting at Kabul’s airport, and that a nephew had been seriously injured but was unable to get medical care amid the chaos.
Immediately after the meeting, Atkinson put the woman in touch with an organization that is connecting Afghans who need medical care with doctors and nurses who are still in Afghanistan and willing to help. As of Friday, the boy was on his way to a hospital. Further information was unavailable.
“People are coming out of the woodwork to help,” Atkinson said. “We’re all trying to do everything we can to get people out.”
Atkinson said an email network has developed, including immigration lawyers and others across the United States and beyond, who are trying to expedite evacuations. All are searching for clear, verifiable information on how to get documentation and secure a safe flight out of the region.
“We’re getting information second or third hand, so we’re never sure exactly what’s going on,” Atkinson said. “Many of us are acting as travel agents as well as attorneys.”
Margaret Stock, Esquire Anchorage, Alaska PHOTO: Law firm
One person providing clarity and straight answers on that email network is Margaret Stock, an immigration and citizenship attorney in Anchorage, Alaska. She’s also a retired Army lieutenant colonel and a top expert in noncombatant evacuation operations like the one that’s been happening in Afghanistan.
Stock said the U.S. government has spent million of dollars developing strategies and training personnel to properly plan and execute evacuations of U.S. citizens and allies when ending a military action or withdrawing from a threatened area. The Department of Defense published a 200-page manual on how to do it in 2010 and updated it in 2015.
“They don’t seem to be following the manual,” Stock said Thursday in a phone interview.
Stock said the manual calls for various government branches and nongovernmental organizations to form a planning task force as soon as an evacuation date is known. The Trump administration negotiated a withdrawal agreement with the Taliban in February 2020 that excluded the Afghan government, freed 5,000 imprisoned Taliban soldiers and set May 1, 2021, as the final withdrawal date.
Stock said she helped the Department of Homeland Security organize the first task force-type planning meeting for the Afghanistan operation, which was held last Wednesday. The Department of Defense wasn’t included, she said.
“They should have had that meeting a long time ago,” Stock said. “I was asking them to have it back in February. The minute (former President Trump) said we were going to pull out, they should have started planning.”
Some aspects of the evacuation seem to have gone relatively well so far, Stock said, such as the actual military airlifts out of Kabul. But the United States shouldn’t have given up Bagram Air Base, which would have been a more secure airlift center than Kabul’s airport, she said. And it should have developed a comprehensive roster of everyone who needed to be evacuated and how best to get them out.
Stock also questioned why U.S. citizens were allowed to travel to Afghanistan as the evacuation date neared, including a group of exchange students. And she noted the lack of planning for special circumstances, such as young children who might lack necessary passports. Last week, an Afghan woman was turned away at the airport because her baby, a U.S. citizen by her American husband, didn’t have a passport, Stock said.
“There’s a lot of fear right now,” Stock said. “People are facing a terrible decision to sit tight and hope things get better, or try to get to the airport and hope to get out.”
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Read the complete article at the link.
Maine has been welcoming to refugees from all countries. And, with good reason! The Maine economy is heavily dependent on the skills of refugees and other migrants.
While our military is out, the human trauma is still unfolding. The refugee flow is likely to continue long after the fall of Afghanistan, just as it did with with Vietnam, at the time I started my Government service at the Legacy INS. The inadequacy of the procedures then in effect led to the Refugee Act of 1980.
Our current effort is hampered by the illegal and immoral destruction of the refugee admission program by Trump nativists. But, the Biden Administration has been dilatory in restoring functionality, and has disturbingly failed to maximize the use of all available tools and avenues for refugee admissions under the Refugee Act of 1980.
Spojmie Nasiri, Esquire San Francisco, CA PHOTO: Law firmQ!
Spojmie Nasiri, an Afghan American immigration attorney in the Bay Area, said several of her clients are stuck in Kabul and more resources are needed to assist those arriving in the U.S.
“You don’t get people out in 11 days,” she said. “We’re going to see the catastrophe of this for decades to come.”
