"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.
Courtney Greene Accredited Representative Catholic Charities of Central Texas VIISTA Villanova Grad PHOTO: Linkedin
Courtney writes:
I went to my first merits hearing with a client yesterday in San Antonio and she was granted asylum!! Thank you for your continued advocacy for due process and your participation in my training as a VIISTA student. I feel so thankful that there are people like you, ensuring that people experience justice after so much suffering!
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Thanks, Courtney. It’s YOU, and others like you, getting the job done. Saving individual lives every day!
As my friend and former partner at Fragomen Cynthia Lange pointed out at a recent PLI conference, if every attorney or accredited representative who cares about justice saves just one life over the next four years, that’s thousands of lives saved, including family members! And, that will inspire others to do the same. Eventually, it can be tens of thousands or hundreds of thousands, perhaps millions, of lives saved!
As I’ve previously observed:
Rather than looking for expensive ways to diminish asylum-seekers’ rights and inflict more cruelty, Congress and the Administration should be investing in cost-effective programs like VIISTA that actually work, protect rights, and have promise for the future!
Building hope rather than intentionally causing despair!😎 Why don’t our public officials “get it?”
So much of the suffering that Courtney references is unnecessarily caused, compounded, or aggravated by our own nation’s lousy, inhumane, and often scofflaw asylum policies and procedures!
If only our national leaders were paying attention! 🤯 The best answers are out here, and they don’t involve expensive and counterproductive “mass deportations,” more inhumane detention facilities, or spreading fear among communities! Never too young to become a member of the “New Due Process Army!”
Twilight Near Sedona, AZ Paul Wickham Schmidt June 13, 2024
In September 2024, I was invited to address a group of prospective social workers on immigration policy in the Biden Administration. They had read my previous published article “An Overview and Critique of US Immigration and Asylum Policies In The Trump Era” (2018). They requested an “update” on that article to cover significant developments during the Biden Administration.
While, obviously, things have changed since the election, I believe this speech still has relevance. Therefore, I publish it in a revised and updated version.
REVISITED: U.S. Immigration & Asylum Policies In The Twilight Of The Biden Administration
Originally Delivered in September 2024
Edited and Revised, Nov. 4, 2024
By Paul Wickham Schmidt
I call on you to join our NDPA, use your skills, commitment, and power to resist the haters, oppose the wobbly enablers, expose political bullies who trade away lives and rights that aren’t theirs, and fight to finally deliver on our nation’s yet-unfulfilled promise of due process, fundamental fairness, and equal justice for all in America!
INTRODUCTION
Good evening, and thanks for inviting me. Please listen very carefully to the following important announcement.
In the next hour, you will hear no party line, no bureaucratic doublespeak, no sugar coating, no BS, or other such nonsense. Just the truth, the whole truth, and nothing but the truth, of course as I define truth and see it through the lens of my five decades of work with and in the American immigration system.
The views expressed herein are mine, and mine alone. They also do not represent the position of any group, organization, individual, or other entity with which I am presently associated, have associated with in the past, or might become associated with in the future.
But, that’s not all folks! Because today is Wednesday and you are such a wonderful audience, I give you my famous, “industry best,” absolute, unconditional, money back guarantee that the following presentation will be free of power points, split screens, and all other forms of distracting modern technology that might interfere with your comprehension and total listening enjoyment. For the next hour, I will be your “power point.”
Congratulations and my deep appreciation for your noble choice of social work as a career. Your skills and talents are desperately needed in our society. As you might imagine, as an Immigration Judge I heard and relied upon expert testimony from professional social workers, among others.
I am also well aware of the important behind the scenes efforts of social workers to get individuals and families beyond their often-traumatic situations here and abroad, to adjust to and be able to function in our society, and thereby to have the confidence and devote the necessary attention to working with their legal representatives to present the best cases possible in court. As a decision-maker, sound information cogently presented is the key to getting it right and doing justice.
You are fortunate to have some great, inspirational examples to guide you.
Three of my personal heroes come to mind. First, Aimee Miller who owns and operates a group practice called Interconnect: Counseling and Consulting, LLC, dedicated to conducting psychosocial and mental health evaluations and providing expert testimony and reports for immigration proceedings. She also teaches at the University of Michigan, School of Social Work.
My friend Joan Hodges Wu, a licensed social worker, is the founder and CEO of AsylumWorks in Washington, D.C. Her organization is devoted to helping newly arrived asylum seekers and their families navigate the legal, language, employment, educational, and other potential hurdles of adjusting to a new life while facing the uncertainties of the future.
Another friend, Hanna Cartwright, received dual degrees in social work and law from Catholic University in D.C. She was an intern at the “Legacy” Arlington Immigration Court and a “charter member” of what I call the “New Due Process Army,” or “NDPA.” This is a group of outstanding professionals, many of them former students of mine at Georgetown Law, interns, and judicial law clerks at the Arlington Court, who are committed to social justice and “fighting the good fight” to force our nation to deliver on its promise of due process for immigrants. Hannah has had a varied career and has risen to become the co-founder and Director of Mariposa Legal in Indianapolis, Indiana.
Additionally, I am proud to be on the Advisory Council of AYUDA, a community group serving the needs of asylum seekers and other immigrants in the D.C. metro area. AYUDA attorneys appeared before me pro bono when I was on the bench. Social work is one of the major service divisions of AYUDA, in addition to legal and language services.
These are all great and inspiring examples of individuals and organizations that “put it all on the line,” every day, to make their communities, America, and the world better places. And certainly, as you will find, there are many more of these throughout America.
I recently read an article in the Washington Post about the struggles and divisions in a small community in Massachusetts with resettling, on a temporary basis, a limited number of pregnant women, children, and families. Most of those at issue are recent arrivals to the U.S., many camping in a concourse at Logan Airport for weeks or even months. [1]
We need better resettlement programs. For some inexplicable reason, the Biden Administration thought that it would be a good idea to essentially “outsource” resettlement to restrictionist GOP governors like Abbott and DeSantis. They, in turn, bussed, or in some cases even flew, recently-arrived asylum seekers to locations in so-called “blue states,” where they believed they would overload local resources and cause problems, thereby inflaming xenophobic resentment.
Instead of such inexcusable nonsense, we need asylum resettlement programs that are “dressed for success” – some type of “national clearing house” to match asylees in an orderly fashion with locations across the U.S. where their skills are needed and they would be welcomed. Then, these communities and the asylum seekers must have support services to insure a mutually beneficial transition and reduce misunderstandings and resentments on both parts.
These organized programs should concentrate on preparing, supporting, informing, educating, and communicating with communities and migrants, requirements that are often overlooked or inadequate today. Change is an inevitable part of life, but that doesn’t mean everybody will like or accept it. We need better ways of “getting over the hump together.”
Tragically, neither political party appears interested in investing in the successful resettlement efforts that will benefit our nation and those seeking refuge through asylum. Therefore, it is likely to fall to the private/NGO sector to “model success” and innovative thinking. Certainly, social work services are an important part of this multi-disciplinary approach.
Now, to the main part of my presentation. You have read my 2019 article “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era.” You have asked me to update you on the current status of the four “membership categories” that I posited in that article: full members; associate members, friends, and outcasts. So, here goes.
FULL MEMBERS
With respect to full members, essentially U.S. citizens, I’m pleased to report that naturalizations are up under the Biden Administration. As of this summer, more than 3.3 million new citizens had been naturalized as opposed to a little under 3 million during the entire Trump Administration. [2]
I think this is the result of ending the misallocation of resources and intimidation tactics used by the bureaucracy under Trump to discourage naturalization. The end of COVID also played a role. Plus, the Trump Administration’s message of hate, lies, and overt xenophobia probably convinced many lawful permanent residents that they would be safer with the protections of U.S. citizenship and the ability to vote on their political leaders.
Of course, you have probably heard of Trump’s outrageous threat to mess with birthright citizenship under the 14th Amendment. Since this is a constitutional right, it legally can’t be abridged by either executive action or legislation. The intent here appears to be to harass, dehumanize, and spread fear among our ethic communities and to basically cast doubt on the status of many loyal Americans, mostly of color, who obtained citizenship in this manner notwithstanding the immigration status of their parents.
ASSOCIATE MEMBERS
Turning to “associate members,” basically green card holders, refugees, and asylees, admissions and adjustments to lawful permanent residence are up. Again, this probably stems largely from the end of COVID and the elimination of some bureaucratic hurdles, as well as some efforts to address backlogs at USCIS.
There has been a significant improvement and revival of U.S. overseas refugee programs. They are now on target to exceed 100,000 refugee admissions, although probably falling a bit short of the 125,000 announced target number. Compare that with the paltry fewer than 12,000 admissions in the final fiscal year of the Trump Administration.[3]
Still, refugee programs are underutilized and not targeting all our real needs. For example, while the Administration has significantly improved refugee admissions from Latin America and the Caribbean, they are still well below the number necessary to meet actual demand. Of the top five refugee admission countries, DRC, Syria, Afghanistan, Burma, and Guatemala, only the latter is in the Western Hemisphere.
Worse yet, has been the cowardly bipartisan attack on our legal asylum system at the Southern Border. This culminated in some of the most draconian anti-asylum executive actions ever in relatively recent regulations issued over the strenuous, well-founded objections of experts, advocates, and NGOs with actual experience in the plight of asylum seekers.
Disgracefully, the Biden Administration is considering extending these legally questionable provisions, now under attack in litigation. At the same time, V.P. Harris has pledged that if elected she would attempt to resurrect a horrible, anti-asylum “Bipartisan Border Bill” aimed at accomplishing much of the same damage. For his part, Trump has long demeaned and dehumanized legal asylum seekers and would happily seek to eliminate or further restrict their admission.
Neither party seems interested in “doing the right, and obvious, thing” – building an asylum screening and adjudication system that actually works in a fair, generous, and timely manner. The Executive Office for Immigration Review (“EOIR”), an agency of the USDOJ that contains the Immigration Courts, where I once worked, is a particularly dysfunctional mess, with out-of-control backlogs burgeoning to nearly 4 million cases. It also produces wildly inconsistent results with asylum grant rates ranging from approximately 0% to 100% among nearly 700 Immigration Judges.
Essentially, both parties seek to improperly punish and demean legal asylum seekers for their bipartisan failure to fix the asylum adjudication system across more than two decades. That’s what “bipartisanship” has come to mean in immigration: Basically, a race to the bottom to find the lowest common denominator!
FRIENDS
With respect to so called-friends, those with limited permission to be here, but no clear path to permanent residence or citizenship, nonimmigrant visas have rebounded with the lifting of COVID restrictions.
However, so-called “Dreamers” remain in limbo. There is no foreseeable prospect for legislative relief and a “red-state” challenge to the legality of their DACA status is in the Fifth Circuit Court of Appeals, likely headed for the Supremes.
The Biden Administration used executive actions to create some new “legal pathways” programs allowing up to 30,000 per month pre-screened individuals with U.S. sponsors to be “paroled” into the U.S. for an initial two-year period. This program has proved somewhat successful in reducing pressure at the Southern Border.
However, it is limited to nationals of Cuba, Haiti, Venezuela, and Nicaragua. That plus the numerical limitations diminish its ameliorative effect. In addition, the program had to be temporarily paused to look into allegations of sponsorship fraud.
Moreover, unlike those admitted in refugee or asylum status, those paroled have no statutory path to green cards and eventual U.S. citizenship. They would need special legislation to gain lawful permanent status.
But, given strong GOP opposition to these humanitarian programs, these individuals are likely to remain in “limbo,” and become “political footballs” subject to the whims of the next Administration. Many have been, or will be, forced into the already backlogged asylum adjudication system, thereby defeating part of the original purpose of these parole programs.[4]
Remarkably, the Administration also chose to use parole, rather than the refugee system, to allow large numbers of our Afghan allies to come to the United States following the Taliban takeover. These also remain in limbo, in the absence of a legislative path to permanent status.
Unlike Trump, who tried to restrict and eliminate so-called Temporary Protected Status, or “TPS” wherever possible, the Biden Administration has made relatively robust use of TPS. The Administration has also made some improvements in the timely issuance and renewal of important “Employment Authorization Documents” (“EADs”) for those awaiting adjudication of applications filed with USCIS and EOIR.
OUTCASTS
With respect to those “outcasts” who don’t fit within any of the three foregoing categories, sometimes called “undocumented,” their numbers are probably around 10 to 12 million. [5]It is certainly not the bogus 20 million figure that GOP politicos and the right-wing media like to throw around. It’s also unclear to me whether this figure subsumes the many asylum applicants who actually are neither “undocumented” nor “illegal,” but here with Government permission to pursue their legal asylum applications before the USCIS Asylum Office and/or EOIR.
The Biden Administration tried to help noncitizen spouses and stepchildren of USCs regularize their status with a widely-hailed practical, humanitarian program called “Parole in Place” (“PIP”). However, perhaps predictably, a Trump-appointed Federal Judge blocked the PIP Program, at least temporarily. He acted at the request of “red states” with anti-immigrant agendas. So, while PIP registrations are still taking place, the fate of the program is unclear at this juncture.
Perhaps, worst of all, as I mentioned earlier, the Immigration Courts remain a dismal mess, with nearly 4 million case backlog that has grown exponentially under A.G. Garland. Instead of fixing EOIR and standing up for the legal and human rights of asylum seekers, Garland has instituted “built to fail” gimmicks like “expedited dockets” and approved regulations barring most asylum claims at southern border in violation of the statutory right, not to mention human right, to seek asylum “regardless of status.”
NGOs, practical experts, and advocates who, unlike Garland and his lieutenants, actually work with asylum seekers at the border and elsewhere, have documented how these tone-deaf policies increase deaths and abuses of asylum seekers in Mexico and beyond. However, truth has been to no avail in this appalling situation. I’d argue that most of the Administration’s misguided “maximum enforcement/no due process” at the border has been in response to their abject failure to bring long-overdue reforms to EOIR and the AO. They now seek to “cover-up” this massive failure by scheming to avoid the system entirely, rather than fixing it.
Trump outrageously threatens mass deportations. These would not only violate laws guaranteeing due process, but also sow fear and terror in many ethnic communities, which is, of course, the real point of such threats: essentially “dehumanization” or “de-personification” of wide swarths of our society going far beyond immigrants. At the same time, he would waste money, misdirect law enforcement resources, and likely tank our economy, which depends heavily on the labor of immigrants, both legal and undocumented. Not a pretty picture.
CONCLUSION
In conclusion, the Biden Administration has been a “mixed bag” on immigration, human rights, civil rights, and the rule of law. Basically, it has been “one step forward, and two steps back.”
A number of the Administration’s ameliorative programs for immigrants, like retention of DACA, humanitarian parole, increased refugee admissions, and “Parole in Place” have been too timid, limited, or blocked by restrictionist litigation.
On the other hand, bad border policies and largely ignoring the due process crisis in the Immigration Courts have undermined the rule of law, promoted the “bipartisan demonization and dehumanization of asylum seekers and other migrants at the border,” squandered scarce resources in the private/NGO sector, and wrecked death, despair, and untold misery on some of our most vulnerable fellow humans.
In extremely unfortunate ways, we are now replicating the very pre-1980 programs and disorganized, ad hoc, often-biased approaches that the Refugee Act of 1980 and the creation of EOIR were intended to solve.
Refugee provisions are avoided when dealing with so-called “emergencies,” leading to the mass parole of Afghans, limbo status, and the need for Congressional action for permanent status. Asylum determinations are basically reverting to ad hoc, often arbitrary and capricious, decisions that favor some nationalities and ethnicities over others based on US internal politics and foreign policy concerns. Humanitarian parole programs, while potentially a step in the right direction, deny individuals the stability and clear route to green cards and citizenship as well as some of the protections that come with refugee, asylum, and other types of legal admissions. It also makes them “political footballs” for the restrictionist right.
Making EOIR an independent entity within DOJ, back in 1983, a process I was involved in, was supposed to advance quasi-judicial independence and professionalism. Instead, after decades of bipartisan misdirection and mismanagement, the Immigration Courts have essentially resumed some of their pre-EOIR characteristics of being perceived, and often acting, as politicized arms of DHS enforcement, too often lacking professionalism, expertise, consistency, practical problem-solving abilities, and compassion.
I recently posted on Linkedin an article by Eduardo Porter that summarized the current gloomy and disturbing state of our national non-debate on immigration:
Consider immigration, the epicenter of zero-sum thinking in voters’ minds. It’s an issue that is critical to the United States’ future and a topic that is easily demagogued as a struggle between endangered Americans and some predatory “other.” Harris, like Biden, has worked to distance herself from Trump’s most implausible ideas (such as expelling 11 million people). Still, she leads a Democratic Party that believes one of its paramount challenges is stopping immigrants from coming to the United States. [6]
That’s a rather sad, yet fundamentally true, commentary on how our nation of immigrants now thinks and acts. The GOP demonizes, dehumanizes, and lies about immigrants; the Dems roll over and want to change the subject. As you witnessed in the Presidential “debate,” actually more of an exercise in “performative entertainment” than a serious discussion of issues, we don’t know November’s winners, but we already know the losers: Immigrants, due process, and social justice advocates.
Few, if any, politicos on the national level have the moral courage and clear vision to mount a well-justified, evidence-based defense of asylum seekers and other migrants. Likewise, few of them advocate for investing in achievable improvements in the system. Instead, they seek partisan political advantage, on the backs of the desperate and disenfranchised, by eagerly and cynically pouring money and manpower into cruel, ultimately ineffective, enforcement and “deterrence” gimmicks.
The latter, not incidentally, have spawned a highly profitable and politically potent industry that benefits from every deadly, failed border deterrence “enhancement.” No wonder positive change and creative problem solving are so elusive, and so many of our politicos lack the guts effectively to protect immigrants’ lives, human dignity, and rights at the border and beyond!
More than 50 years of experience working in our immigration systems, at different levels, and from many angles, tell me the following inalienable truths:
Human migration is real;
Forced migration is exactly that;
It won’t be stopped by walls, prisons, deterrents, or other cruelty;
Asylum is a human and legal right;
Immigrants are good for America; and
Due process for all persons in the U.S. is essential.
My time on the stage is winding down. But, yours, my friends, is just beginning. I call on you to join our NDPA, use your skills, commitment, and power to resist the haters, oppose the wobbly enablers, expose political bullies who trade away lives and rights that aren’t theirs, and fight to finally deliver on our nation’s yet-unfulfilled promise of due process, fundamental fairness, and equal justice for all in America!
Hon. Cecelia M.Espenoza Former Appellate Immigration Judge, BIA Source: Denverdemocrats.org
DISTRICT 4:
Candidate
Total Votes
% Votes
Cecelia Espenoza (D)
20,806
80.5%
Jack Daus (R)
5,042
19.5%
SOURCE: AZCENTRAL.com
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You go, my friend and colleague! Thanks for running and for standing up for a better, fairer America! Building a “values based movement” starts at the “grass roots level.” You’re getting it done, Cecelia!
Congratulations again and my utmost appreciation for your absolutely stellar, four-decade, high-impact career in applied scholarship on immigration, human rights, and justice in America. Your influence, which I trust will continue unabated into retirement, has been a huge positive for our nation and our world.
As I previously mentioned, I am sorry that I will be unable because of previous commitments to celebrate in person or online with you and your many admirers at Cornell Law on November 8. But, I know it will be a “love-fest” whether in the form of “roast” or “conferring of regalia!”
You are the epitome of what I have termed the “practical scholar” — someone who uses creativity, extraordinary learning, and masterful command of a complex subject to solve problems, achieve actual results in the real world, inspire others, and produce positive trends. I have truly treasured our friendship and association going back over four decades to your time at Interpreter Releases, Immigration Briefings, and Federal Publications. We, of course, shared the mentorship of the late, great former BIA Chair and Editor of Interpreter Releases Maury Roberts, the friendship and professional association with the late Juan Osuna who played a major role in our respective careers, as well as our mutual association with Sue Siler who worked with me during my “Jones Day era.”
I assume that you recollect helping and encouraging me to set a “footnote record” with my article on employer sanctions for Immigration Briefings as well as our work together on some updates for your treatise Immigration Law & Procedure, and the now long in the past Federal Publications “holiday bashes” for authors and editors!
Our friendship and association continued beyond my “private practice phase” into my tenure as BIA Chair and then into my “next chapter” at the “Legacy Arlington Immigration Court.” Following my retirement, I was delighted to accept your kind invitation to be part of the Berger International Programs Lecture Series at Cornell Law in March 2017. We also had a chance to strategize and talk about”applied law” with your wonderful Clinic students who were engaged in some really challenging and important cases!
Professors Jaclyn Kelley-Widmer & Steve Yale Loehr show off their “no ties look” at Cornell Law, March 2017.
I also appreciated having a chance to see your spectacular campus and to chat with you informally over meals.Your book “Green Card Stories,” which you “gifted” to me at the time, eventually because one of the sources and inspirations for an adult enrichment class on a cultural anthropological and legal approach to American immigration history that I co-taught with my friend and colleague Dr. Jennifer Esperanza at Lawrence University’s Bjorklunden Seminars.
No, it’s not the Tower of London, but the “Tower of Law” @ Cornell (not to be confused with the “Falls Church Tower”). March 2017
Of course in addition to your many scholarly publications and Clinic successes, you have been a tireless presenter and public voice for truth, accuracy, scholarship, and humane solutions to thorny immigration and human rights issues at a time when myths, disinformation, and fear about these topics scandalously have become “normalized” in our political and media discourse. Indeed, I have “featured” your activities, including your heartfelt tribute to Juan Osuna, on my blog immigrationcourtside.com no less than 45 times (and I probably missed a couple)! I also greatly admire and appreciate you and others having the guts and integrity to “speak truth to power and set the record straight” even when powerful currents are pushing in the opposite direction.
Recently, I was happy to be able to share an evening with you and Amy during the DC Tribute Dinner for our mutual friend and inspiration Doris Meissner. I will also take full credit for shaming you into wearing a coat and tie to the function. After all, somebody has to maintain standards among the ranks of the New Due Process Army (“NDPA”).
In closing, thank thank you again, Steve, for your more than four decades of friendship, support, encouragement, scholarship, and unswerving commitment to using law as a tool for humane practices, due process, inspiring the younger generations, and overall making our nation and our world a better place! I wish you, Amy, and your family all the best in retirement and look forward to many years of continuing association in the cause of justice.
Congratulations again, due process forever, and best wishes, always,
Michelle N. Mendez, ESQ Director of Legal Resources and Training National Immigration Project, National Lawyers Guild PHOTO: NIPNLGVictoria Neilson NDPA SUPERSTAR ATTORNEY PHOTO: CLINIC
Michelle writes:
The American Immigration Lawyers Association has just released its first ever book on immigration court trial skills. The book is authored by my colleague Victoria Neilson and myself, and was reviewed by several retired immigration judges, including the Hon. Dana Leigh Marks. It grew out of a collaboration between the National Immigration Project and the National Institute for Trial Advocacy, through which we have been providing intensive trial skills training courses in the context of immigration court for several years.
We hope the book will become a go-to resource for immigrant defenders as they prepare for individual hearings and think through rules of evidence, trial strategy, and best practices for questioning, objections, closing arguments, and more.
The book is available for purchase as an e-book or print book. It will also be posted on AILALink in a couple of months.
What an important and monumental contribution to “practical scholarship!”
I look forward to appearing with Michelle on an Immigration Court practice panel with Aimee Mayer-Salens & Sarah Owings at AILA New England in Boston this Friday, Nov. 8!
With lots of help from our friends, the Round Table has become a “Powerful Force of Nature,” carving out a spot for due process even along the most wild and rugged coasts! PHOTO: PWS Maine Collection“Our Fearless Leader,” Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
“Sir Jeffrey” Chase forwarded this note of appreciation from one of the all-star advocates who represented The Round Table in drafting an amicus brief:
You, Paul and the Roundtable played a central role in this decision. Beyond the persuasive amicus brief, your group—along with . . . . —gave me the confidence to pursue the due process claim . . . . Your advocacy is admirable and much needed; it also has an impact beyond just the individual cases you support as an amicus. . . . . [T]his case has been one of the most impressive collaborative efforts I’ve had the opportunity to be involved with [in my decade of professional experience.] Thank you again for your interest and support of this important case, as well as your work in this space more broadly.
This is also a great space to once again thank all of the top flight legal talent, law firms, NGOs, and legal clinics that have donated their time and talents pro bono to the cause of due process, equal justice for all, and advancing best practices. Indeed, you have “given us a voice” — one that has proved to have an outsized impact on our American justice system.
Working with our wonderful“partners in due process and professional excellence” has been a total joy and fulfilling career opportunity for each of us! We never, ever forget what we owe to your skill and generous donation of time, resources, and effort. Just as we are committed to insuring that all individuals appearing in Immigration Court — the essential “retail level” of our justice system — have a right to be heard, YOU have insured that WE will be heard — loudly and clearly for a long time to come! Thank you again from the bottom. of our “collective hearts!”💕
The Center for Migration Studies is proud to present Karen T. Grisez Esq. with the Humanitarian Service Award, in recognition of her extraordinary commitment to the protection of migrants and refugees, impact and leadership in the practice of immigration law, and tireless dedication to justice. Ms. Grisez has served as Chair of the American Bar Association’s (ABA’s) Commission on Immigration, is a member of the Advisory Board of the ABA’s Immigration Justice Project in San Diego, and is a former co-chair of the ABA Section of Litigation’s Immigration Litigation Committee.
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The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.
Many congrats to all who worked on this multi-year, intensive, cooperative effort to achieve justice that should never, ever have gotten to this point IF EOIR and OIL were competently staffed and administered by Garland! Interesting, that even the most “conservative” Circuits often tire of the constant unprofessional, “deny protection for any reason” nonsense shoved at them by Garland’s DOJ. Perhaps, that’s a “basis for hope” as we appear to be moving into a wasteful “bipartisan political world of mindless and lawless restrictionism and denial of fundamental rights to migrants.” Here’s hoping for the best!
A Helping Hand.jpg Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand. Safiyyah Scoggins – PVisions1111 Creative Commons Attribution-Share Alike 4.0 While some politicos and voters have abandoned Traditional Judeo-Christian values in favor of a cruel and demonstrably ineffective response to forced migration, the rest of us must hold true to our “better angels.”
IRC, Documented, launch resource platform for NYC asylum seekers and migrants: Documented.info
Legacy media has been providing service journalism focused on middle-class and wealthier communities for decades, and Documented is proud to bring this tradition of service journalism to low-income immigrant communities who have often been left out of the conversation.
Over the past year, Documented has been working with the International Rescue Committee to launch a digital platform called Documented.info (sneak peak link). This new digital platform is designed to provide asylum seekers and migrants in New York City with reliable, multilingual information covering everything from access to shelter and mental health resources, employment eligibility, and labor rights to how to navigate the asylum process and find legal support.
Anyone familiar with Documented knows that this is not a departure from how we’ve served immigrant readers since we launched in 2018. During the pandemic, it became clear that the immigrant community urgently needed practical, actionable information to address their concerns, whether about the legal system, government programs, or even basic necessities like where to find food. We received so many questions that it made sense to start documenting the answers we were giving.
This led to the creation of a collection of resource guides, explainers, and articles, all designed to address the questions we were being asked. To ensure accuracy and relevance, we collaborated with immigration lawyers, advocates, experts in the field, and individuals familiar with immigrant communities, allowing us to provide a comprehensive breakdown that directly addressed the communities’ needs.
Documented’s staff, including Rommel H. Ojeda, who’s our correspondent for Spanish-speaking communities, began interacting with readers and immigrant communities on Documented’s WhatsApp platform. He then began to populate Documented’s website with resources to help the immigrant and undocumented population in New York City find information about legal representation, financial relief, and more. That guide grew into a list of hundreds of helpful resources on our website, which consist of information about education, child care, employment, workers rights, finances, food aid, health, safety, housing, shelter, legal services, scams, and misinformation, to name a few.
“When New York City had asylum seekers coming in, we saw that a lot of the obstacles they were facing were also related to the guides that we had already created for migrants that were here five to 10 years before them,” Ojeda said. “I think just having this constant dialog with the community where we are answering their questions through experts, we’re also able to provide the guides to new people in the sense that we can send it to them as soon as they contact us. With this new partnership, we are able to continue doing that work, but on a larger scale.”
Documented.info addresses the unique challenges asylum seekers and immigrants — especially those from underserved backgrounds — face in navigating complex legal systems and services. Immigrants can message their questions to Documented.info via popular messaging platforms Whatsapp and Facebook Messenger. Journalists and experts respond — in English, Spanish, Haitian Creole, and French at launch — and share actionable resources, vetted services and original, targeted reporting. The platform aims to close critical information gaps, counter misinformation affecting immigrant communities and build trust.
“I’m pretty glad that we have the Haitian Creole version because we have thousands of newly arrived Haitian immigrants who came to New York, especially under the Humanitarian Parole Program,” said Ralph Thomassaint Joseph, Documented’s correspondent for non-Spanish-speaking Caribbean communities, who has been leading our engagement with communities on Nextdoor.
And there’s more. Continue reading on Documented to see what leaders at the International Rescue Committee and Documented have to say about the new Documented.info digital platform.
Have tips on furthering this story? Share your thoughts with us by responding to this email or sending us a message at earlyarrival@documentedny.com
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Many thanks to all the NDPA warriors involved in this wonderful cooperative effort. We need to be asking why our politicos and national governance is failing so miserably to face and promote the truth about asylum and other aspects of legal migration and to take actions for the common good, rather than squandering resources, promoting cruelty and lawlessness, and“picking on the most vulnerable” to gain a perceived political upper hand?
Beyond that, we need to be planning NOW on how to prevent a repeat of this year’s utterly disgraceful, totally toxic, wrong-headed, badly misleading, and blatantly dishonest treatment of, and “non-dialogue” about, the immigration, human rights, and equal justice issues by politicos of both parties during this election season! This bogus dialogue was scandalously and unprofessionally parroted and aided by the “MSM!” 🤮 No matter who wins in November, we must strive to do better in the future — for everyone’s sake and for the good of our nation!🇺🇸⚖️🗽
NOVEMBER 8, 2024 for a DAY-LONG EVENT in the Landis Auditorium Room 184 Myron Taylor Hall Cornell Law School.
To celebrate the career of Professor Stephen Yale-Loehr and his contributions to the field of immigration law.
“The (Im)possibility of Immigration Reform?,” will feature three panels and a light-hearted roast of Professor Yale-Loehr. Click HERE to view the agenda.
The conference will include lunch and a reception. Articles written for the conference will be published in a forthcoming issue of the Cornell International Law Journal.
REGISTER TODAY
If you haven’t already registered, please register to attend in person HERE. Space is limited and filling up fast as you can imagine.
Or click HERE if you can’t attend in person and would like to register for the webinar.
Thank you,
CENTERS & PROGRAMS TEAM
Administrative Assistant | Centers & Programs | Cornell Law School
I am delighted to announce some exciting changes coming to this blog. As “Courtsiders” know, I have been “on sabbatical” since this May, with reduced postings, while my wife Cathy and I focus on travel and other, perhaps less uplifting, aspects of proceeding through our retirement years. I decided that I can no longer devote the time, energy, and “emotional involvement” (a/k/a “Gonzo Journalism”) to operating Courtside as a “daily” with new blog content every day (or almost every day). I have also “upped” my postings on Linkedin, which I have found to be an “easier” platform for my “quick thoughts.”
At the same time, I don’t want the “Voice of Courtside” and particularly the “online archives” of more than 5,500 blog posts, some of which are personal recollections and anecdotal immigration history that will otherwise “disappear” when I do, to be lost to posterity.
Happily, my friend, noted immigration law maven, and distinguished “practical scholar” Dr. Alicia Triche has come to the rescue by agreeing to join me as “Co-Editor” of Courtside! We aspire to keep the blog operating in a new and somewhat different way that would not become an undue burden on the time of either of us.
Our general goal is for Alicia to contribute several more in-depth, analytical “thought pieces” on immigration law each month, while I would contribute occasional posts “as the spirit moves me.” We would also encourage contributions from others featuring “practical scholarship” that might help or inspire other members of our “New Due Process Army” and/or analyze trends that do not otherwise get covered in the “Mainstream Media.” Additionally, we are hoping by “combining our contacts” to solicit more “feature content” by other experts in the field. So, please let us know if you have contributions you think would be helpful to Courtside’s readers.
Dr. Alicia Triche Superlawyer, Co-Editor, immigrationcourtside.com Memphis, TN
Here is Alicia’s (a/k/a “Delta Ondine”) detailed biography:
Dr. Alicia Triche is a nationally recognized US immigration attorney who has practiced removal defense is a wide range of contexts throughout her storied legal career. Her most notable victory is Zometa-Orellana v. Garland, 19 F.4th 970 (6th Cir. 2021), the ground-breaking Sixth Circuit case involving domestic violence-based refugee protection. In May, 2022, the Federal Bar Association’s Immigration Law Section named her “Lawyer of the Year.”
Triche is currently based in Memphis, Tennessee, where she maintains a boutique practice focused solely on legal research and writing for her own clients and fellow attorneys. In recent years, she provided briefing in two (rare) resounding Fifth Circuit victories: Lopez-Ventura v. Sessions, 907 F.3d 306 (5th Cir. 2018) and Aben v. Garland, 113 F.4th 457 (5th Cir. 2024).
The “Dr.” part of Triche consists of a 2013 Oxford D.Phil. in international refugee law. At Oxford, she served on the executive editorial board of the Oxford Commonwealth Law Journal, the department’s flagship graduate legal publication. For several years, she also served as editor-in-chief of the “Green Card,” the official newsletter of the FBA’s immigration law section.
When her D.Phil was completed, Dr. Triche found herself living in Memphis, Tennessee, where she had happened to obtain a part-time job as a non-profit attorney/adjunct clinical professor. In a twist-of-fate, the Delta Blues called out to her. Instead of (as originally planned) pursuing legal academia, she became “Delta Ondine,” a blues-based alt-rock singer-songwriter. Ondine performs regularly in Memphis, where she hosts her own Blues Brunch series, and she will soon be recording her first full, professional album.
Building a Diverse Team: Key Approaches to Recruit Immigrants Successfully
By Diane Harrison
Expanding your recruitment strategy to include immigrants in today’s dynamic business environment can substantially benefit your small business. Embracing a globally diverse talent pool enriches your team’s cultural dynamics and enhances innovation and problem-solving capabilities. This ImmigrationCourtside.com article explores various effective strategies to engage and recruit immigrants, helping your business thrive in a competitive market by leveraging a broader range of skills and perspectives.
Visa Sponsorship
Offering visa sponsorship opportunities can significantly enhance your talent pool. This initiative not only broadens your recruitment horizons but also positions your business as a preferred employer among ambitious professionals globally. By simplifying the complex visa process for potential hires, you create a direct pathway for skilled immigrants. Your commitment to facilitating their relocation and employment can set your company apart as an employer of choice. This strategic approach underscores your dedication to building a dynamic and diverse team.
Bridge Building with Support Groups
Engaging with local immigrant support groups is a proactive step toward tapping into a diverse workforce. These organizations are often the first point of contact for newcomers seeking employment. Collaborating with them can provide you with access to a skilled and ready-to-work demographic. This partnership not only enriches your recruitment resources but also enhances your reputation within the community as a supportive and inclusive employer.
ESL Partnerships
Partnering with institutions that offer English as a Second Language (ESL) programs can be a strategic recruitment move. These institutions are frequented by individuals eager to integrate into the workforce and community. By establishing a referral system with these programs, you gain access to a group of potential employees who are actively improving their language skills, which is often a strong indicator of their dedication and drive to succeed. This collaboration also helps you tap into a pool of motivated individuals seeking to advance their careers.
Multilingual Recruitment Advertising
Advertising job openings in multiple languages ensures that your vacancies reach a wider, more diverse audience. This approach not only increases the visibility of your postings but also demonstrates your business’s commitment to diversity and inclusion. A multilingual strategy helps break down language barriers and makes your business approachable to individuals from various linguistic backgrounds. It also ensures that you do not miss out on skilled talent due to language constraints.
Training for Diverse Teams
Developing detailed training documents for new staff members is essential for equipping them with the tools needed for success. By converting these materials into PDF format, you ensure that the original quality and formatting remain intact, which is crucial for consistent training delivery. Once created, PDF files are also secure and available for useacross various platforms, enhancing accessibility for all employees. Utilizing a PDF creator, you can build these files from the ground up or modify existing documents, tailoring them to specific training needs.
Inclusive Workplace Culture
Showcasing your business as a welcoming and inclusive employer is crucial in attracting and retaining a diverse workforce. Highlighting your company’s commitment to diversitythrough your company’s mission, culture, and everyday practices can resonate deeply with immigrant candidates. Such a reputation makes your company not just a place to work, but a community to belong to. This perception significantly enhances your attractiveness as an employer.
Immigrant-Centric Job Platforms
Posting vacancies on job platforms that cater specifically to immigrant communities can direct your recruitment efforts to targeted groups. These platforms are often the go-to resources for immigrants seeking employment opportunities that are sensitive to their unique needs and circumstances. Utilizing these specialized platforms can increase the effectiveness of your recruitment strategy and draw in a focused pool of applicants. This targeted approach helps streamline your recruitment process and enhances your chances of finding the right fit for your business needs.
Immigrant-Tailored Job Fairs
Organizing job fairs specifically tailored for immigrants can provide a personalized recruitment experience for potential hires. These events offer a platform for direct interaction with candidates and allow you to present your business as an actively engaging and supportive employer. Tailored job fairs not only help assess potential hires in real time but also build a positive image of your business within immigrant communities. It’s an effective way to showcase your commitment to diversity and inclusion while meeting potential candidates face-to-face.
Adopting a thoughtful approach to recruiting immigrants can transform your small business’s potential, making it more resilient and adaptive to global market trends. As you implement these strategies, your business will not only grow in its operational capacity but also stand out as a leader in cultural inclusivity and diversity. This commitment to broadening your hiring practices will serve as a cornerstone for sustained growth and success.
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As always, Diane, thanks for inspiring and advising us on practical strategies for building a bold, strong, powerful future for America!🇺🇸
Starting a business in your local community offers a unique opportunity to establish a foothold in a familiar market while contributing to economic growth and diversity. This endeavor requires careful planning and strategic execution. By understanding the dynamics of your local economy and tapping into the needs of the community, you can create a successful enterprise that not only meets financial goals but also strengthens your connections with the place you call home. ImmigrationCourtside.com offers these tips.
Define Your Unique Value
Before you take the plunge, it’s crucial to identify what sets your business apart. Pinpoint the unique value proposition of your local business by understanding what you offer that competitors don’t. This differentiation could be anything from unique products, superior service, or a novel approach to solving customer problems. Emphasizing these unique aspects in all your communications will solidify your brand in the local marketplace.
Know Your Competition
Conducting a thorough competitive analysis is key to understanding where your business stands in the local market. Analyze competitors to grasp their strengths and weaknesses and identify gaps your business can fill. This step will shape your strategies and help you carve out a niche in the community. Keeping a close watch on competitive movements can also inform your strategic decisions.
Craft a Comprehensive Business Plan
A well-constructed business plan not only outlines your company’s mission but also specifies the operational framework and the strategies for offering your services. It delineates the required capital to initiate and maintain your business, alongside precise financial forecasts. This comprehensive plan not only facilitates the acquisition of investments but also directs your strategic choices as the market evolves. Regular revisions to this plan ensure it remains relevant and continues to guide your business towards long-term success.
Explore Local Funding Options
Funding is the fuel for your business engine. Explore various funding sources such as local grants, loans, and potential investors. Local economic development programs can offer both financial assistance and valuable advice to help you get started on the right foot. Understanding all available financial avenues can significantly enhance your startup’s viability.
Plan Your Workforce
Staffing is more than just filling positions; it’s about building a team that will grow with your business. Plan your staffing needs from the outset, focusing on hiring individuals who align with your business culture and training them to meet the demands of their roles effectively. Investing in quality staff training ensures your team can deliver exceptional service from the start. Additionally, implementing a proactive approach to employee wellness can foster a positive work environment and reduce turnover.
Establish Your Brand and Online Presence
In today’s digital age, a strong brand identity and a robust online presence are indispensable. Develop a branding strategy that reflects the ethos of your local business and creates a lasting impression. Simultaneously, leverage digital tools to build a professional website and engage with customers on social media platforms. Ensuring your online presence mirrors the quality and values of your in-person experience can set you apart from the competition.
Leverage Technology for Efficiency
Implementing the right technology solutions can dramatically streamline your operations and enhance the customer experience. Whether it’s point-of-sale systems, customer relationship management software, or e-commerce platforms, the right tech can help you operate more efficiently and effectively. Staying updated with the latest technological advancements can continually improve your operational efficiency. Adopting technology that integrates seamlessly into your existing processes can yield significant productivity gains.
Network and Build Community Ties
Finally, networking with other local businesses and community organizations can open doors to numerous opportunities. From partnerships and joint ventures to local community events, these connections can provide critical support and visibility for your new business. Engaging actively with your community not only boosts your business but also contributes to your local economy’s health. Building strong relationships within the community can also lead to valuable mentorships and collaborations that can propel your business forward.
Starting a local business is a meaningful way to contribute to your community while achieving your entrepreneurial goals. As you take the steps necessary to launch and grow your venture, remember that success comes from careful planning, persistence, and strong community relationships. By staying focused on the needs of your local market and building lasting connections, your business will be well-positioned to thrive and make a lasting impact in the community.
For more observations from retired United States Immigration Judge Paul Wickham Schmidt, visit ImmigrationCourtside.com today!
Launching a home business is particularly promising for immigrants seeking financial stability with the flexibility of self-employment. A solid plan, understanding of local laws, and effective time management are crucial elements in this endeavor. This guide, courtesy of Immigrationcourtside.com, outlines essential steps to help you confidently establish and grow your business.
Craft a Comprehensive Business Plan
A robust business plan is the cornerstone of any successful venture. Start by clearly defining your business goals, target audience, and the unique value your product or service offers. Conduct thorough market research to understand your competitors and identify opportunities. Outline your marketing strategy, operational plan, and financial projections. A well-drafted business plan not only serves as a roadmap for your business but also helps in securing funding if needed.
Navigate Local Regulations
Understanding and complying with local regulations is crucial. Research the specific permits and licensesrequired for your business type and location. Ensure you comply with zoning laws, especially if you plan to operate from home. Tax regulations can be complex, so consider consulting with a local accountant familiar with small business needs. Being fully compliant from the start will help you avoid legal issues and establish credibility with customers.
Clarify Your Business Idea
Before diving into operations, ensure your business idea is clear and focused. Define what makes your product or service unique and why customers should choose you over competitors. Conduct surveys or focus groups to gather feedback on your concept. Refine your offerings based on this feedback to meet market demands effectively. A well-defined business idea will guide your marketing efforts and help you attract and retain customers.
Master Time Management
Effective time management is essential for balancing your business with personal commitments. Start by creating a daily schedule that allocates specific time blocks for different tasks. Prioritize activities that directly impact your business growth, such as marketing and customer service. Use productivity techniques like the Pomodoro Technique to maintain focus. Regularly review your schedule to ensure it aligns with your business goals and make adjustments as necessary.
Seek Strategic Partnerships for Growth
Strategically partnering with another business can propel your home business to new heights. Consider drafting a memorandum of understanding when forming such partnerships; this informal, non-binding document outlines the intentions and actions of both parties, ensuring clarity and a solid groundwork for collaboration. Often referred to as a letter of intent, it serves to align efforts and expectations while preventing misunderstandings. When you’re ready, you can go here and start building connections that can transform your business.
Keep Your Knowledge Up-to-Date
Staying informed about industry trends and best practices is vital for long-term success. Subscribe to relevant industry newsletters, attend webinars, and participate in local business associations. Continuous learning helps you adapt to market changes and implement innovative strategies. Engage with online forums and communities to exchange ideas and gain insights from fellow entrepreneurs. This proactive approach keeps your business competitive and resilient.
Establish an Online Presence
In today’s digital age, having a strong online presence is non-negotiable. Start by creating a professional website that showcases your products or services, provides contact information, and includes customer testimonials. Utilize social media platforms to reach a broader audience and engage with potential customers. Regularly update your online content to keep it relevant and interesting. An effective online presence not only enhances visibility but also builds trust and credibility with your audience.
Launching a home business as an immigrant requires careful planning, adherence to regulations, and strategic efforts to grow and sustain your venture. By following these essential steps, you can create a solid foundation for your business, manage your time efficiently, and stay ahead in a competitive market.
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As always, Diane, thanks for your outstanding and timely contributions.
