CMS RESEARCH DOCUMENTS TRUMP’S “MALICIOUS INCOMPETENCE” — “Mass Deportation Strategy” Is As Stupid As It Is Cruel — Removing Most Of Those Already Here Without Documents Would Have A Huge NEGATIVE Impact On America!

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies
CMS RESEARCH DOCUMENTS TRUMP’S “MALICIOUS INCOMPETENCE” — “Mass Deportation Strategy” Is As Stupid As It Is Cruel — Removing Most Of Those Already Here Without Documents Would Have A Huge NEGATIVE Impact On America!
The New York Times reported that Immigration and Customs Enforcement (ICE) will soon begin conducting a large-scale enforcement action aimed at those with final removal orders, but that “might detain immigrants who happened to be on the scene, even though they were not targets of the raids.” The Center for Migration Studies (CMS) opposes mass deportations because of the immense cost to families, communities, and the US economy.

According to data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, “the vast majority (58%) of individuals in ICE custody June 30 [2018] had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation.” CMS recommends deprioritizing the arrest and removal of long-term residents, persons with US family members, and those without criminal records or with only minor offenses. Here are two of CMS’s recent reports about the effects of deportation.

Mass Deportations Would Impoverish US Families and Create Immense Social Costs

In this paper for the Journal on Migration and Human Security, Donald Kerwin and Robert Warren offer a demographic analysis of the potential impact on US families and children of large-scale deportation of US undocumented residents. Here are some of the key findings:

  • Removing undocumented residents from mixed-status households would reduce median household income from $41,300 to $22,000, a drop of $19,300, or 47 percent, which would plunge millions of US families into poverty.
  • If just one-third of the US-born children of deported undocumented residents remained in the United States following a mass deportation program, which is a very low estimate, the cost of raising those children through their minority would total $118 billion.
  • 2.9 million undocumented residents were 14 years old or younger when they were brought to the United States.
  • About 1.2 million, or 23 percent, of the 5.3 million households that have undocumented residents have mortgages.

READ THE REPORT.

Communities in Crisis: Interior Removals and Their Human Consequences

With the Kino Border Initiative (KBI) and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States, CMS studied both the quantitative and qualitative effects of deportation and surveyed 133 deportees, as well as interviewed 20 family members and other persons affected by deportation. Here are some key findings:

  • More than half (56 percent) of those surveyed first entered the country as minors (below age 18), and 21 percent below age 10.
  • Twenty-six percent had been US homeowners.
  • Respondents identified a range of close family members who depended on them financially prior to their deportation, including their mothers (72 percent), fathers (57 percent), and siblings (26 percent). Seventy-eight percent had US citizen children.
  • Roughly one-fourth of survey respondents reported spending no time in criminal custody and 22.6 percent spent a week or less prior to their deportation. However, 17.3 percent spent more than one year.

“My 14-year-old son wants to take on his dad’s responsibilities. Now he wants to go to work with his uncles. He asked them for work, but he doesn’t have the physical ability or age to work in construction, which was his dad’s occupation,” said a mother of three US citizen children and wife of detained immigrant who was interviewed for the report.

READ THE REPORT.DESCARGAR EL REPORTE [ESPAÑOL].

 

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Notwithstanding Trump & his White Nationalist propagandists, facts still matter in the immigration debate. Download and read these CMS reports at the above links  and find out the truth about Trump’s “maliciously incompetent” immigration and human rights policies.

PWS

07-12-19

SANE & HUMANE SOUTHERN BORDER POLICIES: Meissner, De Pena, Clemons, Schmidt With Practical Solutions That Would Control The Border & Treat Asylum Seekers Fairly!

https://www.motherjones.com/politics/2019/05/what-would-it-actually-take-to-fix-the-asylum-system/

Doris M. Meissner, Senior Fellow, Migration Policy Institute

Me

Kristie De Pena, Director of Immigration, Niskanen Center

Michael Clemons, Senior Fellow, Center for Global Development

Noah Lanard, Reporter, Mother Jones

Noah Lanard reports in Mother Jones:

In April 2018, the Department of Homeland Security began using a new word to describe the situation at the southern border: crisis. The number of parents and children crossing the border to seek protection under US asylum laws was climbing to nearly 10,000 per month, up from barely a thousand at the start of the Trump administration. Trump did everything in his power to stop families from coming. He deployed the military to the border, separated parents from children, turned away asylum seekers at official border crossings, and then tried to make it illegal to request asylum unless people went to those crossings.

Nothing worked. More than 58,000 parents and children traveling togethercrossed the border last month, the seventh record-high in eight months. DHS officials have upped their hyperbolic rhetoric, saying that the immigration system is “on fire” and in “meltdown.”

At first, Democrats dismissed Trump’s fearmongering on immigration by pointing out that the total number of border crossers was still near historic lows. But as the number of parents and children coming to the border continues to skyrocket and the backlog of asylum seekers awaiting court hearings swells, it’s becoming clear to people across the political spectrum that doing nothing is not an option. Solutions are needed—the question is, what do they look like?

Mother Jones interviewed a half-dozen immigration experts from the left and center to see how they would create a fairer, more efficient, more humanitarian system for asylum seekers. Here’s what they recommend.

1. Hire more immigration judges

A backlog of nearly 900,000 asylum cases means that families seeking asylum often spend years living in the United States before their cases are decided by immigration judges. Most asylum seekers from El Salvador, Guatemala, and Honduras have not won their cases in recent years, and it’s even harder now that the Trump administration has limited protections for victims of gang and domestic violence, the most common forms of persecution in these “Northern Triangle” countries. Many of those who receive deportation orders, either because they lost their case or they did not apply for asylum after being released at the border, remain in the country as undocumented immigrants.

The backlog, combined with ICE’s limited ability to find people who don’t comply with removal orders, creates the accurate perception among migrants that families who turn themselves in to border agents are highly unlikely to be quickly deported. That presents an incentive for families unlikely to win asylum to cross the border anyway. More than 260,000 parents and children crossed the southern border between the 2016 and 2018 fiscal years. ICE deported about 7,000 family members during that period.

Trump has increased the number of immigration judges from 289 in 2016 to 435. But the backlog has been increasing by more than 100,000 cases per year,faster than under Barack Obama. That’s partly because of the surge in asylum claims but also because indiscriminate immigration enforcement has led to a dramatic increase in arrests of immigrants without criminal histories and forced judges to reopen cases they had set aside. The president is asking to fund 100 new judges in his 2020 budget, while Democrats have called for hiring at least 300 judges over four years.

Those numbers of hires would barely put a dent in the backlog in the short term. That’s why some experts think the administration should bring entire new classes of judges into the fold. Paul Schmidt, who served as an immigration judge from 2003 to 2016, suggests training retired state judges to handle bond and scheduling hearings so that judges have more time to handle asylum decisions. Kristie De Peña, director of immigration at the center-right Niskanen Center, proposes appointing emergency judges to decide asylum cases, and says that to assuage concerns about the Trump administration’s hiring, these judges could be selected by groups such as the American Bar Association and signed off on by governors. 

2. Process asylum claims more efficiently

While serving as Bill Clinton’s top immigration official in the 1990s, Doris Meissner eliminated a similar asylum backlog with a series of technical fixes. Previously, asylum seekers were eligible for work permits immediately, even if their cases wouldn’t be resolved for years, giving people with weak asylum cases an incentive to come to the United States and start working. To remove that incentive, Meissner imposed a six-month waiting period before asylum seekers were eligible for work permits and made sure that nearly all cases were decided within six months. The number of new asylum applications fell by more than half within a year, and the share of claims that were approved eventually more than doubled.

Meissner, now a senior fellow at the Migration Policy Institute, proposes another change that could have a huge impact on the backlog: letting asylum officers, not immigration judges, make the initial decisions in asylum cases.

Those officers already decide many asylum cases—for people who weren’t stopped at the border—and conduct all the “credible fear” interviews that determine whether asylum seekers have a strong enough case to go before an immigration judge. If officers took the place of immigration judges in asylum cases, migrants arriving at the border with strong claims would have their asylum approved more quickly, allowing them to bring their families to the United States rather than waiting years for a hearing before being allowed to bring relatives. Those with weaker claims, sensing that they’d be denied quickly and deported, might skip the trip and avoid taking on massive debts in a futile attempt to win asylum.

Another solution that could spare asylum seekers a long and uncertain trip to the United States and cut down on the backlog would be letting Central Americans apply for refugee status from their home countries. The Obama administration started a program along these lines, but the Trump administration quickly ended it. Democrats are calling for bringing back an expanded version so people have an alternative to traveling to the border.

Schmidt also thinks attorneys should be provided to asylum seekers so they’re informed of their legal rights and cases run more smoothly. The problem for the Trump administration, he says, is that fairer hearings would likely lead to more people winning their cases. Instead of running an effective asylum system, the Trump administration practices what Schmidt calls “malicious incompetence,” a noxious mix of bureaucratic dysfunction and intentional undermining of legal protections for asylum seekers. “If you had a competent administration willing to put the money in the right places,” he says, “you could solve this problem, and it wouldn’t cost as much as all the stuff they’re doing now.”

3. Consider alternatives to family detention

There’s no issue where the government and immigrant advocates differ more sharply than immigrant detention. The vast majority of families are quickly released at the border because of detention capacity constraints and the Trump administration’s recognition that short-term detention doesn’t do much to deter immigration. Under both Obama and Trump, DHS has sought to detain families for longer than the current legal limit of about 20 days and quickly deport them if they lose their cases.

Indefinite family detention is a nonstarter for immigrant advocates, who point to the government’s abysmal track record on immigration detention, the traumatic impact detention can have on children, and the challenges of fighting cases from behind bars. Immigrant advocates and Democrats in Congress oppose all family detention, preferring to release immigrants and track them with ankle monitors and check-ins with case workers.

De Peña is trying to find a middle ground. She proposes a solution that would avoid prolonged detention and the quick releasing of families at the border,while taking advantage of a move Trump already made. Trump has cut refugee admissions to record lows, forcing resettlement agencies to close offices and lay people off. De Peña wants to bring some work back to these agencies by having the government contract with them to house families seeking asylum. Under her plan, the families would be located in proximity to one another and have access to schools, medical facilities, and lawyers. They could move about freely, though they’d be monitored with ankle bracelets, as they often are now. That way, families seeking asylum wouldn’t be locked up like criminals, but they would also be less likely to disappear into undocumented life in American cities.

4. Send foreign aid—but don’t rely on it

Almost everyone in both parties supports sending foreign aid to Central America.Senate Democrats’ border plan, which was first introduced in October, provides $3 billion in aid to address the “root causes” of migration from the Northern Triangle, specifically poverty and violence. The outlier is Trump, who is moving to cut off aid to Central America despite his own acting DHS secretary’s support for that assistance.

But that foreign aid is not likely to be a quick fix. Michael Clemens, a senior fellow at the Center for Global Development, and researcher Hannah Postel concluded in a 2018 article that the chance of deterring migration through development assistance is “weak at best.” To greatly impact migration, theyfound, aid would have to work in “unprecedented ways” over multiple generations. There is some evidence that security assistance for neighborhood-level programs such as community policing can reduce migration, but economic aid could actually have the opposite effect, boosting migration from the poorest areas of the Northern Triangle by giving people the resources needed to reach the border. Clemens considers Trump’s decision to cut off aid “vacuous and nihilistic,” but he believes foreign aid mostly gets as much attention as it does because it’s a “political winner”not an actual short- or medium-term solution to the migration challenge. 

5. Open up economic visas

People are leaving the Northern Triangle to escape intense gang violence, find jobs, or reunite with relatives—often all three. The problem is that economic and family concerns aren’t valid grounds for asylum, but asylum is essentially the only way for most Central Americans to come to the United States legally. (The State Department rejects nearly all tourist visa applications from low-income Central Americans, worried that they’ll overstay their visas.) But asylum doesn’t have to be the only path into the United States.

 Last year, the Department of Labor approved nearly 400,000 guest workers recruited by US employers to work in agriculture and other seasonal industries. The vast majority of the temporary work visas have gone to Mexicans, many of whom have longstanding relationships with specific employers. The United States could easily require or encourage employers to hire more Central Americans. Clemens calls this the “lowest-hanging fruit” for accommodating people whose countries are passing through the same phase of economic development that caused migrants to come to the United States from everywhere from Sweden to South Korea in previous generations.

Opening up more visas for Central Americans wouldn’t require legislation and could be done “literally next month,” Clemens says. And given that Trump and his family already employ many of these guest workers, he says, “they know all about it.”

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These problems can be solved. But, not by “malicious incompetence.”

The biggest and most critical statutory change has nothing at all to do with “closing” bogus “loopholes” in asylum law that have been invented to further the White Nationalist narrative.

If I could make just one statutory change, it would be an independent Article I Immigration Court. Over time, a “real” court would establish a fair and efficient administration of the existing asylum laws and would hold the Government accountable for violating and ignoring those laws.

A border control system focused on administering asylum laws, rather than avoiding, flouting, or intentionally misinterpreting them, would look much different and undoubtedly would produce different results. That, in turn, would force the Government to establish and carry out real border law enforcement, rather than just targeting asylum seekers. Without a credible independent Immigration Court system to insure the integrity of the law, no statutory change in immigration law will be fully effective.

PWS

05-29-19

 

KERWIN & WARREN @ CMS: No, We Don’t Need To Spend More Money On “Designed To Fail” Border Enforcement — What We Need Is A Smarter, More Competent, Less Corrupt Government!

https://cmsny.org/publications/essay-kerwin-warren-051619/

The Trump administration came into office at a time when illegal border crossings from Mexico had been reduced to one-fourth from their historic highs and the US undocumented population had been falling for a decade. At present, the administration enjoys the largest immigration enforcement budget in US history, but in fiscal year (FY) 2019 the Department of Homeland Security (DHS) is on track to apprehend the highest numbers of border crossers in more than a decade. In both March and April, the Border Patrol recorded more than 100,000 apprehensions at the US-Mexico border. Its border enforcement strategies are failing on their own terms and, until the United States reassesses its overall immigration and refugee policies, further enforcement funding would be throwing good money after bad.

Customs and Border Protection (CBP) needs increased staffing and better infrastructure at certain ports of entry (POEs), where large quantities of illegal narcotics enter the country and illegal firearms and drug proceeds leave it. It may also need to expand its capacity to respond in real time to changed migration patterns. However, lack of resources does not explain the administration’s failures. Rather, it is its failure to respond adequately to the conditions driving Central American and (increasingly) Venezuelan migrants, to provide legal pathways to protection for those fleeing violence and other impossible conditions, and to create a strong, well-resourced US asylum system.[1]

Historically Unprecedented Immigration Enforcement Spending

In 1990, the total appropriation to the Immigration and Naturalization Service (INS) — for both immigration enforcement and adjudication of applications — was $1.2 billion. By 2018, the enacted budgets of the two DHS immigration enforcement agencies, CBP and Immigration and Customs Enforcement (ICE), equaled a combined $23.8 billion (DHS 2019, 21, 27). This figure does not include the significant immigration enforcement responsibilities and expenditures of: (1) US Citizenship and Immigration Services (USCIS), which primarily adjudicates immigration applications; (2) the Department of State (DOS), the Department of Justice (DOJ), and other federal agencies; (3) the federal criminal justice system, which prosecutes and adjudicates a high volume of illegal entry and re-entry offenses (TRAC 2017, 2018); and (4) the many states and localities officially delegated by ICE to enforce US immigration laws through programs like 287(g) (ICE 2018). While enforcement expenditures have increased, investments in the USCIS Asylum Corps and the Immigration Court system have lagged badly behind, leading to massive case backlogs and long delays in adjudicating cases (Kerwin 2018).

The president’s budget for 2020 would increase combined CBP and ICE funding to $30.2 billion (DHS 2019, 21, 27). Moreover, the Trump administration has set “operational control” — defined as “the prevention of all unlawful entries”[2] — as its overarching border enforcement goal and metric. Because unattainable, this goal positions the administration to argue that border enforcement resources — however much they are increased — do not suffice, and to respond to its own failures by insisting on additional enforcement funding and ever more divisive and cruel enforcement tactics, like separating children from their parents.

According to a study by the Migration Policy Institute, the funding and staffing levels of CBP and ICE exceed the combined levels of the four major DOJ law enforcement agencies (Meissner et al. 2013). These two agencies also receive many times more in funding than the three main US labor standards and workplace protection entities and all the state labor standards agencies combined.

The Changed Composition of Border Crossers, the Diminishing US Unauthorized Population, and the Border Wall

On February 15, 2019, the President declared a national emergency at the US-Mexico border which, if it withstands legal scrutiny, will allow the administration to redirect an estimated $8 billion appropriated for other purposes, primarily from the Department of Defense, to extending the wall at the US-Mexico border. The proposed increases follow years of dramatically reduced arrivals across the border that have transformed the US undocumented population.

Apprehensions at the border — which include multiple entries of the same person — dropped from more than 1.6 million in 2000 to about 300,000 in 2017 even though the size of the Border Patrol more than doubled, from 9,200 in 2000 to 19,400 in 2017 (CBP 2017a,b). Between 2010 and 2017, the total undocumented population fell from 11,725,000 to 10,665,000, spurred by a 1.3 million decrease in the number of Mexican undocumented residents (Warren 2019).  Moreover, since 2010 the number of persons that illegally crossed has been roughly one-half of the number that entered legally and overstayed their visas, undermining the case for a border wall (ibid.).

Beginning in FY 2014 and continuing through FY 2019, immense numbers of unaccompanied children and families, primarily from the Northern Triangle states of Central America, have been driven to the United States, Mexico, and elsewhere by some of the world’s highest homicide rates, rampant extortion and conscription by gangs, criminal impunity, and intense poverty (Labrador and Renwick 2018). The number of migrants from Venezuela — a country in economic free fall and with very high rates of violent crime — has also increased sharply in recent years. Honduras, Venezuela, El Salvador, and Guatemala rank among the nations with world’s highest intentional homicide rates at 1st, 2nd, 5th, and 6th respectively (World Atlas 2018).  Many of these migrants have sought asylum in the United States, but mostly they are seeking protection wherever they can find it. They do not try to evade detection, but present themselves to Border Patrol agents or to CBP officials at POEs. CBP adds them to its “apprehension” statistics, as if they were criminals, but they have the legal right to seek asylum under both domestic and international law.

Enforcement-Only Approaches Are Counterproductive

Notwithstanding its extraordinary border enforcement budget, the Trump administration has presided over the highest numbers of border crossers in a decade. After peaking in 2000 and with the exception of a slight surge in FY 2014, arrests at the US-Mexico border were at or below 400,000 between 2011 and 2018.  Over the first six months of FY 2019, however, Border Patrol apprehensions spiked to more than 361,000 (CBP 2019). Additional enforcement funding will do nothing to address the humanitarian crises compelling hundreds of thousands of persons to seek protection for themselves and their children, however slim the odds of finding it.

Human smugglers should not be viewed as a cause of this crisis, but as a symptom of bad policies. Some smugglers commit unspeakable acts. Others do not and enjoy the trust of members of migrant-sending communities. In any event, migrants mostly understand the risks of migrating and do not make decisions based solely on what smuggling facilitators tell them. Dr. Gabriella Sanchez, Migrant Smuggling Research Fellow at the European University Institute, reports that potential migrants “gather as much information as they can from friends, family members, clergy, media, and smugglers themselves, and make their decisions based on what they learn.”  Moreover, they are not cavalier about their children’s safety. They are willing to subject themselves to greater risks than they would others, particularly their loved ones (Slack and Martinez 2018).

By all accounts, the administration’s policies have been a boon to smugglers. The administration has failed to provide legal avenues for the truly desperate to reach protection, both persons fleeing violence and formerly deported persons seeking to return to their US families.[3] Instead, it has erected new barriers to the US asylum system, separated parents from their children at the border, enacted unsustainable and cruel “zero tolerance” criminal prosecution policies for asylum seekers and other border crossers, and terminated the Central American Minors (CAM) program which allowed El Salvadoran, Guatemalan, and Honduran children to undergo refugee screening in their own countries and, if approved, to join their legally present parents living in United States as refugees or parolees. At a time of record numbers of refugees worldwide, it has limited refugee admissions to the lowest number in the history of the US Refugee Assistance Program and sought to eviscerate the Temporary Protected Status (TPS) program, which allows designated national groups who cannot safely return home to remain in the United States.

These actions have been accompanied by the President’s threats to end foreign aid to Mexico, El Salvador, Guatemala, and Honduras for “doing nothing” to stop migration to the United States, his repeated promises to enact ever “tougher” enforcement policies, and by his poisonous anti-immigrant rhetoric. With no legal options to migrate, little hope that conditions will improve in their home communities, and assurance (by the US president) that US policies will become more severe — most recently through threats to charge fees to apply for asylum, to deny bond and work authorization to asylum seekers, or to accelerate court hearings — large numbers have chosen not to wait at home (Wasem 2019). More border enforcement funding will do nothing to change this dynamic.

Conclusion

The United Nations High Commissioner for Refugees (UNHCR) reported that in 2017 there were 68.5 million forcibly displaced persons, including 25.4 million refugees (UNHCR 2018); that developing regions hosted 85 percent of them; and that increasing numbers of asylum seekers were fleeing Northern Central America and Venezuela (UNHCR 2018, 7, 40). These trends have grown more acute in the interim. On December 17, 2018, UN member states — albeit not the United States — affirmed the Global Compact on Refugees (GCR), which seeks to support communities in developing states that host refugees, promote refugee self-reliance, expand their legal access to third countries, and allow for their safe and dignified return home (UNGA 2019, § 7). Not all of the migrants from the Northern Triangle states of Central America, Venezuela, or other global hotspots meet the narrow refugee definition, but very high percentages of them have been forced from their homes by unsafe and untenable conditions.

The United States would be well served by the kind of holistic strategy and commitments promoted by the GCR. The nation’s current enforcement-only approach will not improve conditions so that refugees and others at risk can stay or return home. Nor will it support their safe resettlement in other communities, afford them fair and timely asylum hearings, or allow them to reach safety through legal channels. It will make this humanitarian crisis worse, and do nothing to stop desperate people from crossing borders.


[1] Although not the subject of this essay, many scholars and lawyers have also reported on the immense population of deportees from the United States that plan to return to their US families (Kerwin, Alulema, and Nicholson 2018) despite the risk of prosecution, detention, and removal. One study concluded that US immigration enforcement programs will inevitably fail “when placed against the powerful pull of family and home” (Martinez, Slack, and Martinez-Schuldt 2018).

[2] Border Security and Immigration Enforcement Improvements, Exec. Order No. 13767, 82 Fed. Reg. 8793 (Jan. 25, 2017).

[3] Of course, in any large-scale migrant flow, there will be persons with different intentions and motivations, making screening a necessity.

References

CBP (US Customs and Border Protection). 2017a. “ Southwest Border Sectors: Total Illegal Alien Apprehensions by Fiscal Year (Oct. 1st through Sept. 30th).” Washington, DC: CBP. https://www.cbp.gov/sites/default/files/assets/documents/2017-Dec/BP%20Southwest%20Border%20Sector%20Apps%20FY1960%20-%20FY2017.pdf.

———. 2017b. “US Border Patrol Fiscal Year Staffing Statistics (FY 1992 – FY 2017).” Washington, DC: CBP. https://www.cbp.gov/document/stats/us-border-patrol-fiscal-year-staffing-statistics-fy-1992-fy-2017.

———. 2019. “US Border Patrol Southwest Border Apprehensions FY 2019.” Washington, DC: CBP. https://www.cbp.gov/newsroom/stats/sw-border-migration.

DHS (US Department of Homeland Security). 2019. FY 2020 Budget in Brief. Washington, DC: DHS. https://www.dhs.gov/sites/default/files/publications/19_0318_MGMT_FY-2020-Budget-In-Brief.pdf.

ICE (US Immigration and Customs Enforcement). 2018. “Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act.” Washington, DC: ICE. https://www.ice.gov/287g.

Kerwin, Donald. 2018. “From IIRIRA to Trump: Connecting the Dots to the Current US Immigration Policy Crisis.”  Journal on Migration and Human Security 6(3): 192-204. https://doi.org/10.1177/2331502418786718.

Kerwin, Donald, Daniela Alulema, and Mike Nicholson. 2018. “Communities in Crisis: Interior Removals and their Human Consequences.” Journal on Migration and Human Security 6(4): 226-42. https://doi.org/10.1177/2331502418820066.

Labrador, Rocio Cara, and Danielle Renwick. 2018. “Central America’s Violent Northern Triangle.” Backgrounder. New York: Council on Foreign Relations. https://www.cfr.org/backgrounder/central-americas-violent-northern-triangle.

Martinez, Daniel E., Jeremy Slack, and Ricardo D. Martinez-Schuldt. 2018. “Repeat Migration in the Age of the ‘Unauthorized Permanent Resident’: A Quantitative Assessment of Migration Intentions Postdeportation.” International Migration Review52(4): 1186-217. https://doi.org/10.1177/0197918318767921.

Meissner, Doris, Donald Kerwin, Muzaffar Chishti, and Claire Bergeron. 2013. “Immigration Enforcement in the United States: the Rise of a Formidable Machinery.” Washington, DC: Migration Policy Institute. https://www.migrationpolicy.org/research/immigration-enforcement-united-states-rise-formidable-machinery.

Slack, Jeremy, and Daniel E. Martinez. 2018. “What Makes a Good Human Smuggler?  The Differences between Satisfaction with and Recommendations of Coyotes on the US-Mexico Border.” The Annals of the American Academy of Political and Social Science 676(1): 152-73.  https://doi.org/10.1177/0002716217750562.

TRAC (Transactional Records Access Clearinghouse. 2017. “Criminal Immigration Prosecutions Down 14% in FY 2017.” Syracuse, NY: TRAC. http://trac.syr.edu/tracreports/crim/494/.

———. 2018. “Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes.” Syracuse NY: TRAC. https://trac.syr.edu/immigration/reports/524/.

UNGA (United National General Assembly). 2018. Report of the United Nations High Commissioner for Refugees: Part II Global Compact on Refugees. UN Doc. A/73/12 (Part II). New York, NY: United Nations. https://reliefweb.int/sites/reliefweb.int/files/resources/5b3295167.pdf.

UNHCR (United Nations High Commissioner for Refugees). 2018. Global Trends: Forced Displacement in 2017. Geneva: UNHCR. https://www.unhcr.org/5b27be547.pdf.

Warren, Robert. 2019. “US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year.” Journal on Migration and Human Security 6(1): 1-4. https://doi.org/10.1177/2331502419830339.

Wasem, Ruth Ellen. 2019. “To solve the US ‘crisis at the border,’ look to its cause.” The Hill, April 4. https://thehill.com/opinion/immigration/436725-to-solve-the-us-crisis-at-the-border-look-to-its-cause.

World Atlas.  2018. “Murder Rate by Country.”  https://www.worldatlas.com/articles/murder-rates-by-country.html.

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PWS

05-18-19

HON. DANA LEIGH MARKS REFLECTS ON AMAZING FOUR DECADES OF SERVICE TO PUBLIC & HUMANITY!

https://cmsny.org/publications/marks-40yr-career/

Hon. Dana Leigh Marks writes in the Center for Migration Studies Tribute to the late Juan P. Osuna:

On November 15, 2018, CMS hosted an event on access to justice, due process and the rule of law to honor the legacy of Juan Osuna, a close colleague and friend who held high-level immigration positions in four administrations over a 17-year period. Prior to his government service, Mr. Osuna served as a respected editor and publisher and a close collaborator with many civil society organizations. As a follow-up to its November 15th gathering, CMS will be posting and publishing a series of blogs, essays, talks, and papers on the values and issues to which Mr. Osuna devoted his professional life, and ultimately compiling them as part of a CMS special collection in his memory.


I found immigration law quite by accident in 1976, the summer between my second and third years of law school. I responded to an ad for a part-time law clerk. The small law office was near school, paid well, and had nice support staff, so I took the job, barely knowing what the daily work would be. The field of immigration law was so small at that time that my law school only offered one, semester-long immigration law course every other year. It was not offered in the one year I had left before graduation.  I have never taken an academic immigration law class, but rather learned my trade from generous practitioners who gave up their Saturdays once a month to teach free seminars to new practitioners. It was from that perspective that I developed a profound respect for immigration lawyers, so many of whom freely shared their knowledge in the hope of ensuring that quality legal services were offered to the immigrant community.

For me, the daily practice of immigration law was akin to love at first sight. It was the perfect mix of frequent client contact with fascinating people from all walks of life and all socioeconomic backgrounds that made me feel as if I was travelling the world; and a combination of social work and complex legal puzzles that intellectually intrigued me. As I became immersed in the field, I became totally hooked by the compelling stories behind my cases, as well as the complicated legal strategies that many cases required. At the time I began my career, I did not understand why immigration lawyers were generally ranked only slightly above ambulance chasers. My experience allowed me to interact with brilliant lawyers dedicated to helping their clients, often with little acknowledgement and meager remuneration.

When I began to practice and tried to explain the basics of immigration law to interested legal friends, it became clear to me that the statutory structure of this field of law was quite unique, but fairly sensibly built on general parameters of who would be a benefit to our country and thus should be allowed to find a way to legalize their status; and who were the bad actors who should not be allowed into the country or allowed to stay even if their initial entry had been legal. It struck a balance between family reunification and business and labor needs. There was even a category for industrious, pioneering individuals to come without sponsorship so long as they were able to support themselves financially. In short, it seemed to me to be a logical balance, with fair criteria to limit legal status to deserving, law-abiding people. Some of the hurdles that had to be overcome — for example, to test the labor market to protect US workers where one wanted to immigrate as an employee, or lengthy quotas that resulted in separation of families of lawful permanent residents (LPRs) — were clunky and cumbersome, but on the whole the system seemed to work fairly rationally.

While some aspects were frustrating and individual immigration officers sometimes seemed inflexible or even a bit irrational, I do not remember the legal community who helped immigrants being tormented by draconian twists and turns in the law on a daily basis, which is how it has seemed lately. When someone was in deportation proceedings, there was the possibility of showing that, after having lived in the United States for more than seven years as a person of good moral character, if one’s deportation would cause oneself or a qualifying US citizen (or LPR) spouse, parent, or child extreme hardship, one could qualify for suspension of removal and eventual permanent resident status. There was also the possibility of qualifying for withholding of deportation if one was more likely than not to suffer persecution if returned to one’s homeland if one had fled a communist country or certain specified geographic areas. Yes, the preference quotas could be problematic, but all in all, it seemed to me at that time that most people who wanted to regularize their status could carve out a reasonably achievable path towards their goal, while the bad actors who were sent home deserved that fate. Every so often there were sad cases of nice people who could not find a category that allowed them to stay, but somehow it just did not seem as harsh a result for so many people as it does lately.

The codification of the Refugee Act in 1980 ushered in a particularly exciting time. A large portion of my client base was from El Salvador, Guatemala, and Nicaragua, and the civil wars raging in the late 1970s were generating an influx of refugees. The stories I began to hear were exceedingly disturbing accounts of war and the cruelty which all too often accompanies it, but the horror was counterbalanced by the satisfaction of finding a way to protect people from further victimization by helping them secure safe haven in the United States. From an academic perspective, seeing how a statute evolved, through real-time interpretation and application, was a fascinating process — something many lawyers do not experience in their entire career. Then, to top it off, the Ninth Circuit set the stage to allow me to present oral argument in a case before the US Supreme Court in 1986. I am very proud that I, along with colleagues Kip Steinberg, Bill Hing, and Susan Lydon, were able to establish lasting precedent through our representation of Luz Marina Cardoza-Fonseca, making it clear that the use of the term “well-founded fear” was a significant change in the law and assuring that the adherence of the United States to the UN Protocol on Refugees was intended by Congress to guide our interpretation of US asylum law.[1]

Just as the briefs were being submitted, I learned that there was an opening for a judge at the immigration court in San Francisco, a location I had vowed never to leave. I struggled with the decision of whether or not to leave a practice with partners I truly loved, or to dive into a new adventure, in the hope that I could lead by example and prove that a former private practitioner could be viewed as an impartial and fair judge, respected by both the prosecution and defense bars. It was an exciting time at the immigration court because only a few years earlier, in 1983, the Executive Office for Immigration Review (EOIR) was created as a separate agency outside the Immigration and Naturalization Service (INS) as a component in the Department of Justice (DOJ). That step was a vital step forward, acknowledging the important distinction which must exist between the prosecutor and the judge in deportation hearings. I went for it and became a member of a corps of 68 immigration judges working for EOIR at that time.

I found the transition to the bench challenging. There was far less interaction and discussion among peers as to how thorny legal issues might be resolved. In addition, because of the need to remain distant from the lawyers who appeared before me, I was much lonelier than I had been in private practice. While I found the interactions in the courtroom just as fascinating as in the first days of my legal career, there was a part of me that was unfulfilled. The stories I heard were riveting and the ability to resolve a conflict in a fair way extremely satisfying. However, I soon realized just how large a part advocacy played in my personality and path to personal satisfaction. This was quite a dilemma for a neutral arbiter who was determined to show the world that a former private practitioner could give both the government and the respondent a fair day in court! I searched to find an appropriate outlet for that aspect of my character, and the answer came in the form of my volunteer work for the National Association of Immigration Judges (NAIJ).

The NAIJ was formed in 1979 as a professional association of immigration judges to promote independence and enhance the professionalism, dignity, and efficiency of the immigration courts.  Through my membership and eventually leadership at NAIJ, I was able to help my colleagues as a traditional labor union steward, as well as to educate the public about the important role played by the immigration court and the reality which exists behind the cloak of obscurity the DOJ favors. Many people, lawyers included, are surprised to learn that the DOJ insists on categorizing immigration judges as attorney employees, which gives rise to a host of problems for both the parties and for judges themselves.

While the creation of EOIR was a huge step forward, there was still considerable influence wielded by the INS. From courtrooms to management offices, ex parte communications occurred at all levels, and our relatively small system remained dwarfed by the behemoth immigration enforcement structure. My NAIJ colleagues and I worked hard to elevate the professionalism of our corps, to adhere to the American Bar Association (ABA) Model Code of Judicial Ethics, and to insulate our courts from political or ideological driven agendas, with the goal of assuring that all who appeared before us had a fair day in court. But we have always faced the headwinds of our classification as attorneys in an enforcement-oriented agency and the tension caused by enforcement goals that run counter to calm, dispassionate deliberation and decisional independence.

Despite the creation of EOIR and its early promise that we would benefit from enhanced equality with those who enforced our nation’s immigration laws, we remained “legal Cinderellas,” mistreated stepchildren who seemed to be doomed to endless hard work without adequate resources or recognition for our efforts. From the time I became an immigration judge, we have never received the resources we needed in a timely or well-studied manner, but instead for decades we have played catch-up, had to make do with less, and have faced constant pressure to do our work faster with no loss of quality. Immigration judges scored a legislative victory when our lobbying efforts codified the position of immigration judge in the mid-1990s, and again in 2003 when we succeeded, quite against the odds, to remain outside the enforcement umbrella of the Department of Homeland Security (DHS) when it was created. Those accomplishments were quite sweet, but unfortunately, they did not go far enough — a fact predicted by my NAIJ colleagues and me.

When I fast-forward to today, I see a substantive law which has spiraled out of control and a court system on the brink of implosion. The law has become so misshapen by unrelated, sometimes conflicting or overly repetitive congressional tweaks that it has become an almost unnavigable labyrinth, where many are lost on the way to their ultimate goal because of unanticipated interactions by the various incarnations of the statute. For example, the myriad criminal provisions interact illogically and conflict in ways that allow some clever lawyers to navigate a path for their clients, while pro se respondents become blocked from status with far less serious criminal histories because of an inability to parse nuances and wage creative legal battles.

And many provisions of the statute would surprise, or even shock, members of the public. Many people do not know that there is no such thing as “anchor babies” because US citizens cannot sponsor a parent until they are over 21 years of age, and even then, the parent’s years of unlawful presence in the United States often present a virtually insurmountable bar to legal status. Many do not realize that US citizen children are routinely de facto deportees when their parents are removed, or that parental rights can be terminated for responsible, loving parents who are held in immigration detention and thus are prevented from appearing in family court to exercise their parental rights. Nor does someone become a US citizen (or even lawful resident) just because of marriage to a US citizen. But perhaps the most sobering fact that is little known by the public is the fact that there is no statute of limitations for crimes under the immigration laws. Therefore, LPRs can be deported decades after a conviction for a relatively minor drug crime because there is no mechanism in the law which allows them to remain, despite deep roots in the community and sometimes being barely able to speak the language of the country of their birth.

I am deeply concerned that decisions on immigration legislation so often seem to be based on sound bites or knee-jerk reactions to individual horror stories rather than careful and unbiased analysis of documented facts and trends. I fear the public is deprived of the ability to form a well-reasoned opinion of what the law should provide because the rhetoric has become so heated and the facts so obscured. The immigration law has grown away from allowing decision-makers, especially immigration judges, to make carefully balanced decisions which weigh nuanced positive and negative considerations of someone’s situation. Instead, rigid, broad categories severely limit the ability of those of us who look an immigrant in the eye and see the courtroom filled with supporters from carefully tailoring a remedy, which can make our decisions inhumane and disproportionate. Such rigidity reflects poorly on our legacy as a country that welcomes immigrants and refugees and leads to results which can be cruel and not in the public’s interest.

In the rush to reduce the backlog that was decades in the making, our immigration courts are once again in the hot seat, and individual judges are being intensely pressured to push cases through quickly. Immigration judges are placed in the untenable position of having to answer to their boss because of their classification as DOJ attorneys who risk loss of their jobs if they do not follow instructions, and yet we judges are the ones who are thrown under the bus (and rightfully so) if the corner we cut to satisfy that unrealistic production demand ends up adversely impacting due process. That pressure is intense and the delicate balance is one that often must be struck in an instant through a courtroom ruling —  made all the more difficult because of the dire stakes in the cases before us. But, just to make it abundantly clear to immigration judges that productivity is paramount, last October our personnel evaluations were changed so that an immigration judge risks a less than satisfactory performance rating if s/he fails to complete 700 merits cases in a year. The DOJ’s focus and priority in making that change is not subtle at all, and the fact that our corps has recently expanded so fast that dozens, if not hundreds, of our current judges are still on probation, makes this shift an even more ominous threat to due process. The very integrity of the judicial process that the immigration courts are charged by statute to provide are compromised by actions such as this. Production quotas are anathema to dispassionate, case-by-case deliberation. One size does not fit all, and quantity can take a toll on quality. Perhaps most important, no judge should have his or her personal job security pitted against the due process concerns of the parties before them.

I know I am not alone in feeling the weight that this constellation of circumstances of an out-of-date law and political pressure on immigration judges has created. All around me, I see frustration, disillusionment, and even despair among immigration law practitioners who are also suffering the consequences that the speed-up of adjudications places on their ability to prepare fully their cases to the highest standards. I see many colleagues leaving the bench with that same mix of emotions, a sad note upon which to end one’s career. Yet I can completely relate to the need to leave these pressures behind. I have witnessed several judges leave the bench prematurely after very short terms in office because they felt these constraints prevented them from being able to do the job they signed up to perform.

It is supremely discouraging and, frankly, quite a challenge to remain behind in that climate. But as I write these reflections, I know I am not ready to leave quite yet. We must learn from history. We must do better for ourselves and the public we serve. Our American ideal of justice demands no less. When we canaries in the immigration courtrooms began to sing of our need for independence decades ago, we were seen as paranoid and accused of reacting to shadows in the mirrors of our cages. Finally now, we are seen as prescient by thousands of lawyers, judges, and legislators across the country, as reflected by proposals by the ABA, Federal Bar Association, National Association of Women Judges, Appleseed Foundation, and American Immigration Lawyers Association. There are signs that these calls are being heeded by lawmakers, although the legislative process seems both glacial and mercurial at best. The creation of an Article I Immigration Court is no longer a fringe view, but rather the solution to the persistent diminution of essential safeguards our system must have, clearly acknowledged by experts and stakeholders alike.

The challenges our nation faces as we struggle to reform our immigration law to meet modern needs are many, but a single solution for a dramatic step towards justice has become crystal clear: we must immediately create an Article I Immigration Court. We cannot afford to wait another 40 years to do it. Besides, I want to see it happen in my professional lifetime so that the chapter can be complete and the clock is ticking…

[1] See INS v. Cardoza-Fonseca, 480 US 421 (1987).


DISCLAIMER:  The author is President Emeritus of the National Association of Immigration Judges and a sitting judge in San Francisco, California.  The views expressed here do not necessarily represent the official position of the US Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent the author’s personal opinions, which were formed after extensive consultation with the membership of NAIJ.

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Here’s a somewhat abbreviated version by
Dana published as an op-ed in the Washington Post:

https://www.washingtonpost.com/opinions/im-an-immigration-judge-heres-how-we-can-fix-our-courts/2019/04/12/76afe914-5d3e-11e9-a00e-050dc7b82693_story.html

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Thanks, Dana, my friend and colleague, for the memories.

Because she successfully argued INS v. Cardoza-Fonseca before the Supremes, establishing the generous “well-founded fear” standard for asylum, I often refer to Dana as one of the “Founding Mothers” of U.S Asylum Law. *

One thing is for certain:  The current immigration mess can’t be resolved until we have an independent Article I U.S. Immigration Court.

Given the inappropriate, unethical, and frankly idiotic, regulatory proposals just made by the DOJ under Barr, guaranteed to further screw up appellate review at EOIR, the Article III Courts of Appeals are soon going to be bearing the brunt of more sloppy, unprofessional, biased decision-making by EOIR on a widespread, never before seen, scale. Unless the Article III’s completely tank on their oaths of office, there will have to be “massive pushback” that will eventually bring the removal system close to a halt until Congress does its job and restores Due Process under our Constitution.

Last time a similarly overt attack on Due Process in the appellate system happened under Ashcroft, the results at the Article III level weren’t pretty. But, guys like Barr are too dense, biased, and committed to the White Nationalist restrictionist program to do anything constructive.

Given the increased volume and the “malicious incompetence” of this Administration, as well as a much better prepared and even more talented and highly motivated private bar and NGO community (the “New Due Process Army”), the DOJ should continue to set new records for court losses and squandering of taxpayer funds on what would be deemed “frivolous litigation” if brought by any private party.

That’s not to say, however, that thousands of human beings won’t have their rights denied and be screwed over by the Trump Administration in the process. Some will die, some will be tortured, some will be maimed, some disfigured, some damaged for life.  That’s the human toll of the Trump scofflaws and their malicious  incompetence.

* HISTORICAL FOOTNOTE: At the time of Cardozoa-Fonseca, I was the Deputy General Counsel and then Acting General Counsel of the “Legacy INS.” I helped the Solicitor General develop the agency’s (ultimately losing) position and was present in Court the day of the oral argument sitting with the SG’s Office.

So, I was an “eyewitness to history” being made by Dana’s argument! We went on to become great friends and worked together on NAIJ issues and
“negotiating teams” during my time as an Immigration Judge.

PWS

04-15-19

 

DORIS MEISSNER @ MPI: Administration’s Failed Border Enforcement Policies Anchored In Past & Distorted By Xenophobia — Most Of Today’s Arriving Migrants Seek & Deserve Safety & Protection Unavailable In “Failed States” Of Northern Triangle!

https://www.washingtonpost.com/outlook/2019/03/14/real-border-problem-is-us-is-trying-stop-wrong-kind-migrants/

Doris writes in the Washington Post:

No matter what happens with Thursday’s vote on President Trump’s declaration of a national emergency, the real root of the difficulties at the U.S.-Mexico border won’t be addressed.

The whole approach the U.S. government takes at the border is geared to yesterday’s problem: Our border security system was designed to keep single, young Mexican men from crossing into the United States to work. Every day, more evidence mounts that it’s not set up to deal with the families and unaccompanied children now arriving from Central America — in search not just of jobs, but also of refuge. The mismatch is creating intolerable humanitarian conditions and undermining the effectiveness of border enforcement.

From the 1960s to the early 2000s, the reality of illegal immigration at the southwest border was overwhelmingly economic migration from Mexico. The U.S. responded, especially once the Sept. 11, 2001, attacks prompted tighter security everywhere, by building up a well-resourced, modernized, hardened border enforcement infrastructure, with more staff and more sophisticated strategies. Successive Congresses and administrations under the leadership of both Democrats and Republicans have supported major investments in border security as an urgent national priority. About $14 billion was allocated in fiscal year 2017 for U.S. Customs and Border Protection, a steep rise from $9.5 billion a decade earlier.

From a peak of 1.6 million apprehensions in fiscal 2000 — with 98 percent of those apprehended Mexicans — border apprehensions have fallen by about three-quarters, to 397,000 last year. More Mexicans now return to Mexico annually than enter the United States. The turnaround has been dramatic and is due to the combined effects of economic growth, falling fertility rates and improved education and job prospects in Mexico; job losses in the United States surrounding the 2008-2009 recession; and significant border enforcement successes.

At the same time, an entirely different type of migration became more common. Beginning in 2012, the number of unaccompanied minorsfrom Central America — principally El Salvador, Guatemala and Honduras — crossing the border illegally jumped sharply. Modest numbers of such migrants had been arriving for many years. However, by 2014, the arrival of unaccompanied children spiked to more than 67,000 and, for the first time, the number of non-Mexican apprehensions exceeded those of Mexicans.

By 2016, the Central American flows became predominantly families with young children. Some were fleeing their countries in search of economic opportunity, but many were seeking safety and protection from widespread violence and gang activity that especially targets young people approaching or already in their teens.

Last year, 40 percent of border apprehensions were either of migrant families or unaccompanied minors, as compared to 10 percent in 2012. The proportion has risen to 60 percent in recent months, and just-released numbers show 66,450 apprehensions last month, the highest February total in a decade.

The important story, however, is not so much the numbers, which remain well below earlier peaks, as it is the change in the character of the flow. Today’s migrants include especially vulnerable populations, a large share of whom are seeking safety. As my organization reported recently, more than one in three border crossers today is an unaccompanied child or asylum seeker, up from approximately one in 100 a decade ago.

Yet the U.S. government’s posture has not been recalibrated, remaining pointed toward an illegal immigration pattern that has largely waned.

Today, many people who cross the border illegally actively seek out and turn themselves in to enforcement officials so they can apply for asylum. Others have been presenting themselves at ports of entry, seeking protection. Ground sensors, camera towers and similar surveillance technology and infrastructure are less helpful as a result.

Border Patrol facilities are designed for holding people only for short periods because that used to be all they needed to do: Most Mexicans who are apprehended are processed and returned across the border within hours. The same is not the case for Central Americans and others from noncontiguous countries, increasing numbers of whom are arriving exhausted and in ill health after lengthy, arduous journeys. They can’t simply be driven back to Mexico, because they’re not from there in the first place.

Border Patrol stations are ill-suited for dealing with these vulnerable populations, as the tragedy of the two young children who died recently in Border Patrol custody sadly illustrates. The situation has been further taxed by the increasing numbers of what the Border Patrol refers to as large-group arrivals: In the first five months of this fiscal year, the Border Patrol encountered 70 groups of more than 100 migrants crossing illegally, up from 13 last year and two the year before.

Asylum officers and immigration judges, not Border Patrol and port-of-entry inspectors, make the decisions in asylum cases. The asylum and immigration court systems don’t have anywhere near the sustained funding spent on border enforcement programs. As larger shares of migrants have arrived claiming asylum, workloads have ballooned into huge backlogs as a result. And even in cases where resources have been provided, they are not always used: Congress has allocated funding for 534 immigration judges, and yet only 427 are serving. Children and families are vulnerable to physical and emotional health dangers that argue for minimal detention periods, but their cases can take months or years to decide. And policies that precipitated the separation of more than 2,700 children from their parents have only added to the trauma.

These and other factors point to the need for dramatically different border management policies and budget decisions from those made in the past, largely successfully, to deter illegal inflows from Mexico.

Testifying in Congress last week, Homeland Security Secretary Kirstjen Nielsen said the situation at the border has reached a “breaking point.” There is a crisis, but it is a crisis of an asylum system that is severely overburdened by the major uptick in humanitarian protection claims.

The asylum system can only work effectively with timely, fair decisions about who is eligible for protection — and who is not, and therefore must be returned to their country of origin. More broadly, just as improved conditions in Mexico have been key to reducing illegal crossings of Mexicans, the best way to prevent Central Americans from fleeing their native countries must include attacking the violence, corruption and poverty driving them to leave home.

Yet the Trump administration has curtailed access to asylum and ended a program allowing some Central Americans to apply for protection from within the region to keep pressure off the border. Most recently, the administration rolled out a new policy that forces some asylum seekers to stay in Mexico in highly uncertain conditions to await asylum decisions, which they are told may take up to a year. Such measures seem only to be spurring on prospective migrants to journey to the U.S. before policies get even more restrictive.

This is not to say there are easy answers. Dealing with mixed flows is a challenge not only for the United States but for other major migrant destinations in Europe and beyond. Building systems that can sift through mixed flows to fairly and efficiently provide protection to those who truly qualify and identify and remove those who don’t is difficult.

But course corrections are well past due.

Steps that could be taken now include devoting money and applying new strategies to the asylum and immigration court systems so they can effectively handle a burgeoning caseload, rather than greatly narrowing who can access them. Building suitable Border Patrol facilities for receiving children and families and training agents and other staff to spot and act upon medical and other emergencies would also be required. The government could foster networks of community-based monitoring and case management programs with legal representation that provide alternatives to detention so migrants are detained for minimal periods, at less overall expense and are treated more humanely, but still appear for their asylum interviews and deportation hearings.

Ramped-up anti-smuggling initiatives and intelligence cooperation with neighboring countries are a must. Affected communities on both sides of the border need support and new partnerships with government actors, especially in the face of caravans, a method of movement on the rise among Central Americans to gain safety in numbers but posing new logistical and political difficulties for governments. And U.S. policies must give greater priority to our geographic neighborhood in developing longer-term solutions with Mexico and Central America that are in our joint national interests.

Rather than unproductive political fights over walls and national emergency declarations, these steps would go a long way to restoring order at the border. It is past time for policymakers and the public to recognize there are no quick fixes but that, even with migrant arrivals on the rise, the border can be managed through an array of proven policy initiatives.

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It’s no surprise to me that an Administration committed to a racist, White Nationalist political agenda, rather than governing in the public interest, will consistently fail to solve problems and will govern incompetently.

Families who turn themselves in to the Border Patrol at the first opportunity to apply for asylum are by no stretch of the imagination “law enforcement issues” except to the extent that Trump’s inappropriate unwillingness to process them fairly at ports of entry and to establish a robust refugee program for the Northern Triangle has created a misdirection of law enforcement resources.  To claim otherwise is totally disingenuous.

PWS

03-15-19

DON KERWIN AT CMS WITH TRUTH ON BORDER SECURITY: “The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. “

View this email in your browser

Statement of Donald Kerwin, 
Executive Director of the Center for Migration Studies,
on the
 US Border and Border Wall

Last evening, President Trump addressed the nation from the Oval Office, asserting that there exists a crisis on our southern border which necessitates the construction of a border wall.

Despite the president’s claims that a crisis exists on the border, the facts demonstrate otherwise. The Center for Migration Studies of New York (CMS) has released several reports which show that border crossings have dropped significantly over the past several years.

A 2016 CMS report showed that net migration from Mexico between 2010 and 2016 dropped 11 percent. The undocumented population from Mexico dropped by an additional 400,000 from 2016 to 2017. Migration from other parts of Latin America, save the Northern Triangle, also dropped significantly. The report’s overall conclusion was that the number of undocumented in the nation had dropped to 10.8 million, a new low. The report can be found at http://cmsny.org/publications/warren-undocumented-2016/.

CMS also issued a report which found that the number of persons who have overstayed their visas between 2008 and 2014 had exceeded the number of border crossers. In 2014, overstays represented two-thirds of those who joined the undocumented population. The report can be found at http://cmsny.org/publications/jmhs-visa-overstays-border-wall/.

A recent study by several immigrant rights organizations, entitled Death, Damage, and Failure: Past, Present, and Future Impacts of Walls on the US-Mexico Border, details the damage caused to border communities by already existing walls and fencing along the border, and how the extension of a wall would cause economic, environmental, and human harm moving forward.

The human tragedy at our border, where thousands of children and families are fleeing persecution and violence from the Northern Triangle countries of Guatemala, Honduras, and El Salvador, is where this administration and Congress should focus its attention.

A series of measures designed to deter these vulnerable populations from fleeing their countries, including family separation, mandatory detention, zero tolerance, and denial of entry at the border are undermining their legal and human rights, guaranteed under both domestic and international law. They are handing themselves over to Border Patrol agents in search of protection, not trying to enter the country illegally. The Administration and Congress should act to end these inhumane policies and provide protection to vulnerable women and children.

The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. Instead of appropriating nearly $5.7 billion for an ineffective and damaging wall, Congress and President Trump should use some portion of this funding to address the push factors causing flight from the region. Addressing root causes of flight is the most humane and effective solution to outward migration.

Instead of shutting down the government over a wall, President Trump and Congress also should enact a legislative package which provides permanent status to Deferred Action for Childhood Arrival (DACA) and Temporary Protected Status (TPS) recipients, immigrant populations who have built equities in our nation. CMS has issued studies on the contributions of each of these populations, which can be found at http://cmsny.org/publications/jmhs-potential-beneficiaries-of-daca-dapa/ and http://cmsny.org/publications/jmhs-tps-elsalvador-honduras-haiti/.

Our nation deserves an immigration system which protects human rights and human dignity while upholding the rule of law. This requires immigration reform which honors our values and traditions as a nation of immigrants. Building walls only divides us as a country and does not address the sources of global migration.

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. For more information, contact Rachel Reyes, CMS’s Director of Communications, at rreyes@cmsny.org.
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Yeah, I know I said “enough” on Trump’s Tuesday night “Lie-O-Rama” about the Bogus “Southern Border Crisis” he created to pander for his unneeded, wasteful, and distracting border wall. But, it’s always worth hearing what a “real immigration pro” like Don, who speaks from scholarship and facts, not White Nationalist fabrications and myths, has to say.
PWS
01-09-19

WHAT IS THE EFFECT OF ICE INTERIOR ENFORCEMENT? — Three Differing Analyses Of Numbers, Trends, Impact

1. MIGRATION POLICY INSTITUTE (“MPI”)

Revving Up the Deportation Machinery: Enforcement under Trump and the Pushback

Excerpt:

The study finds that the engine that fueled ICE’s peak effectiveness—the intersection of federal immigration enforcement with state and local criminal justice systems—is being throttled by state and local policies that limit cooperation with ICE. Nearly 70 percent of ICE arrests in the early Trump months originated with local jails and state prisons, a sizeable share that is nonetheless down from more than 85 percent in fiscal 2008-11.

Beyond sanctuary policies, the report finds growing resistance at other levels. Some cities are changing policing practices to reduce noncitizen arrests, such as decriminalizing driving without a license. Immigrant advocates are conducting more “know-your-rights” trainings, teaching people they do not have to open their doors to ICE. And others are mobilizing to monitor ICE operations in the field, or increasing funding for legal representation for those facing removal hearings.

Read the report:

https://www.migrationpolicy.org/print/16178

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2. NOLAN RAPPAPORT IN THE HILL

ICE report contradicts notion that Trump is using immigration law to ‘keep America white’

Excerpt:

In fiscal 2018, ICE arrested 105,140 immigration violators who had criminal convictions and 32,977 immigration violators who had pending criminal charges.

Only 20,464 (12.9 percent) did not have convictions or pending criminal charges. A recent Yale study estimates that there are more than 22 million undocumented aliens in the United States, which indicates that the likelihood of deportation is quite low for undocumented aliens who do not become involved in criminal activity.

Moreover, according to MPI’s study, ICE relies heavily on help from state and local law enforcement agencies to identify and arrest removable aliens. In jurisdictions that cooperate with ICE, the police screen aliens when they are arrested and booked into custody and notify ICE if any of them appear to have unlawful status.

Sanctuary cities do not provide this cooperation, which leaves ICE with little choice but to carry out its enforcement activities in neighborhoods and at other community locations, even though this is not an efficient use of its resources. This has resulted in an increase in the arrests of noncriminal aliens and numerous complaints.

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3. CENTER FOR MIGRATION STUDIES (“CMS”)

Communities in Crisis: Interior Removals and Their Human Consequences

Kino Border Initiative
Center for Migration Studies of New York
Office of Justice and Ecology, Jesuit Conference of Canada and the United States

Excerpt:

The Criminalization of Deportation  

The Trump administration has regularly portrayed undocumented residents, migrants seeking to request asylum at the US-Mexico border, and deportees as criminals and security threats. Most survey respondents either had not been convicted of a crime or had committed an immigration or traffic offense prior to their deportation. Nevertheless, study participants described a deportation system that treated them as criminals and instilled fear in their communities.

  • Nearly one-half of respondents said they had not been convicted of a crime prior to their deportation.
  • Of the 37 respondents (51.4 percent) who reported having been convicted of a crime,[6] more than one-third (35.1 percent) had been convicted of a traffic or immigration offense, 21.6 percent of a drug-related crime (including possession), and another 21.6 percent of a violent crime.[7]
  • A high percent of respondents (65.2) reported that their deportation began with a police arrest, 30.3 percent reported having been arrested by Immigration and Customs Enforcement (ICE), and less than 1 percent by Customs and Border Protection (CBP).
  • The majority of apprehensions took place while respondents were driving (36.1 percent), at home (26.3 percent), or at work (6 percent).
  • Survey respondents spent an average of 96 days in immigrant detention. Most were detained for 30 days or less, and 17 percent were detained for 180 days or more.
  • Only 28 percent were able to secure legal counsel.
  • Roughly one-fourth of survey respondents reported spending no time in criminal custody and 22.6 percent spent a week or less prior to their deportation. However, 17.3 percent spent more than one year.
Read the report:
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I’ve provided links to all three reports above.  Read them and decide for yourself.
PWS
01-02-19

CRUEL, INHUMANE, INEFFECTIVE, WASTEFUL: New Report From CMS, KBI, & CBE Shows How Trump’s Racist Immigration Enforcement Policies Are Destroying & Dividing America, Not Protecting Us!

FINAL-Communities-in-Crisis-Report-ver-5

EXECUTIVE SUMMARY:

A report of the , Center forMigration Studies, and Office of Justice and Ecology

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Section 1: Introduction

A woman and her child waiting at the port of entry in Nogales, Sonora to be processed into the US asylum system. Photo: Greg Constantine.

KBI, CMS, and OJE Report November 2018Communities in Crisis: Interior Removals and

Their Human Consequences

“My oldest son asks, ‘Where are my rights as a US citizen? Where is my right to live with my family and have a home?’”

— Mother of three US citizen children and wife of detained immigrant

“My husband called and said that he had a normal check-in like every year. He went like always, but this time they arrested him. I asked why if everything was going well. He had a clean record. He is a good father. He is working to help our kids get ahead. We have two children who are citizens and we are fighting for them, so that they are good people and professionals. I didn’t see any reason for him to get arrested.”

— Woman whose husband was deported

“In my preaching, I guide and insist that it is important to be aware of our rights, to not have fear, and to know that we all are God’s children and need a piece of land in this planet. I try to remind them that they are immigrants but also human beings before anything else and that all human beings have rights.”

— Priest

Executive Summary

In late 2017, the Kino Border Initiative (KBI), the Center for Migration Studies of New York (CMS), and the Office of Justice and Ecology (OJE) of the Jesuit Conference of Canada and the United States initiated a study to examine the characteristics of deportees and the effects of deportation, and to place them in a broader policy context (Attachment A).1

The CRISIS Study (Catholic Removal Impact Survey in Society) included both quantitative and qualitative elements. During the first five months of 2018, KBI staff surveyed 133 deportees from the United States at its migrant shelter in Nogales, Sonora. Survey respondents were all Mexican nationals, all but one were men, and each had been living for a period of time in the United

1 KBI, which operates in Nogales, Arizona and Nogales, Sonora, seeks “to promote US/Mexico border and immigration policies that affirm the dignity of the human person and a spirit of binational solidarity.” KBI provides humanitarian assistance and accompaniment to migrants; social and pastoral education with communities on both sides of the border; and research and advocacy. CMS is a think tank and an 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. CMS is a member of the Scalabrini International Migration Network (SIMN), a global network of migrant shelters, service centers, and other institutions, and the Scalabrini Migration Study Centers. OJE of the Jesuit Conference of Canada and United States seeks to foster reconciliation on issues such as refugee protection, immigration, and economic, criminal, juvenile, and environmental justice.

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2

KBI, CMS, and OJE Report November 2018

States.2 They had resided in 16 US states, the majority in Arizona, followed by Nevada, California, and Utah. The survey sought information on their US lives, the removal and detention process, and the impact of removal on them and their families (Attachment B).

The study also included one interview with a deportee (via Skype) and 20 interviews with the family members of deportees and other persons affected by deportation in Catholic parishes in Florida, Michigan, and Minnesota. The parishes — which the report will not identify in order to ensure the interviewees’ anonymity — were chosen based on their geographic, demographic, and sociopolitical diversity, their connections to the agencies conducting the study, and their ability to facilitate access to deportees, their families, and others impacted by deportation.

The interviews explored: (1) the impact of removals on deportees, their families, and other community members; (2) the deportation process; and (3) the relationship between deportees and their families (Attachment C). They provided an intimate, often raw look at the human consequences of deportation.

Long Tenure, Homeownership, Legal Status, and Community Engagement

By and large, survey respondents had built their lives, made their homes, and established long and deep ties in the United States.

  • On average, they had lived in the United States for 19.9 years.
  • More than half (56 percent) first entered the country as minors (below age 18), and 21 percent below age 10.
  • Thirty-eight percent reported having legal status in the United States, including 14.3 percent who were lawful permanent residents (LPRs).
  • Twenty-six percent had been US homeowners.
  • Fifty-two percent had participated in church activities, 34.1 percent regularly attended church services, and 9 percent had participated in community organizations.Family and Economic Ties and the Consequences of DeportationSurvey respondents had established strong family and economic ties in the United States. Deportation mostly severed these ties, and divided, devastated, and impoverished the affected families.
  • Seventy-eight percent of survey respondents had US citizen children.3
  • The average age of respondents’ children living in the United States was 14.9 and 33 percent were 10 years old or less.
  • Forty-two percent had US citizen spouses or partners.4
  • Ninety-six percent had been employed in the United States.2 The report uses the phrase “interior removals” to refer to the deportation of persons who have been living in the United States for a period of time.
    3 Respondents were asked to list the age, residency, and citizenship status of up to five children.
    4 This figure refers to respondents with spouses or domestic partners.

Communities in Crisis: Interior Removals and Their Human Consequences

  • On average, they had worked nearly 10 years in the same job and earned roughly $2,800 per month.
  • Respondents had an average of $142 in their possession at the time of their deportation.5
  • Deportees reported that they needed employment (78.2 percent), financial (68.4 percent), housing (56.4 percent), emotional (56.4 percent), and social integration (54.9 percent) assistance.
  • Most survey respondents reported that their spouse or partner in the United States did not have enough money to support their children (74 percent) or to live on (63 percent).
  • Respondents identified a range of close family members who depended on them financially prior to their deportation, including their mothers (72 percent), fathers (57 percent), and siblings (26 percent).
  • Forty percent reported having dependents with chronic health or psychological conditions, including heart disease, cancer, diabetes, and autism.
  • Nearly one-half (48.1 percent) said that their children — some of whom lived in the United States and some in Mexico — were experiencing difficulties in school.Plans to Return to the United StatesGiven the strong ties binding survey respondents to the United States, it comes as little surprise that:
  • Three-quarters (73.5 percent) reported that they planned to return to the United States.
  • Forty-five percent identified only a little or “not at all” with their country of birth.
  • Only one-third (35.4) percent reported feeling safe since their deportation.The Criminalization of DeportationThe Trump administration has regularly portrayed undocumented residents, migrants seeking to request asylum at the US-Mexico border, and deportees as criminals and security threats. Most survey respondents either had not been convicted of a crime or had committed an immigration or traffic offense prior to their deportation. Nevertheless, study participants described a deportation system that treated them as criminals and instilled fear in their communities.
  • Nearly one-half of respondents said they had not been convicted of a crime prior to their deportation.
  • Of the 37 respondents (51.4 percent) who reported having been convicted of a crime,6 more than one-third (35.1 percent) had been convicted of a traffic or immigration offense, 21.6 percent of a drug-related crime (including possession), and another 21.6 percent of a violent crime.75 Mexican pesos were converted into dollars using prevailing exchange rates on August 19, 2018.
    6 Only 72 respondents answered this question.
    7 The study classified these self-reported crimes based on the National Crime Information Center’s (NCIC) uniform offense codes.

3

4

KBI, CMS, and OJE Report November 2018

  • A high percent of respondents (65.2) reported that their deportation began with a police arrest, 30.3 percent reported having been arrested by Immigration and Customs Enforcement (ICE), and less than 1 percent by Customs and Border Protection (CBP).
  • The majority of apprehensions took place while respondents were driving (36.1 percent), at home (26.3 percent), or at work (6 percent).
  • Survey respondents spent an average of 96 days in immigrant detention. Most were detained for 30 days or less, and 17 percent were detained for 180 days or more.
  • Only 28 percent were able to secure legal counsel.
  • Roughly one-fourth of survey respondents reported spending no time in criminal custody and 22.6 percent spent a week or less prior to their deportation. However, 17.3 percent spent more than one year.RecommendationsThe CRISIS Study provides a snapshot of the Trump administration’s deportation policies and their effect on established US residents (deportees), families, and communities. In order to mitigate the harsh consequences of these policies and promote the integrity of families and communities, we make the following recommendations.

    To the Department of Homeland Security:

  • Issue prosecutorial discretion guidelines that de-prioritize the arrest and removal of long- term residents; persons with US family members; and those without criminal records or with records for only minor offenses.
  • Use detention only as a “last resort” and employ the least restrictive means necessary — including supervised release and other alternatives to detention (ATDs) — to ensure appearances in court, check-ins with immigration officials, and possible removal.
  • Adhere to ICE’s National Detention Standards, which recognize the need for access to legal counsel, generous family visitation guidelines, transparency regarding the location of detainees, and humane conditions of confinement.To Congress:
  • Pass broad legislation to reduce family-based visa backlogs; to align US legal immigration policies with the nation’s economic, family, and humanitarian interests; to legalize the undocumented parents of US citizens and LPRs and undocumented persons who entered as children; and to expand equitable relief from removal.
  • Appropriate funding to the Department of Homeland Security (DHS) and the Department of Justice at levels that align with the recommendations in this report and that, in particular, assume the principled exercise of prosecutorial discretion, reduced use of detention, and expansion of community-based ATDs and legal orientation programs.
  • Reduce funding to ICE in light of its indiscriminate enforcement policies and their negative impact on the safety and integrity of US families and communities.

Communities in Crisis: Interior Removals and Their Human Consequences

• Provide greater oversight of formal partnerships and collaboration between state and local police and ICE and CBP to ensure that these arrangements do not undermine community safety or lead to racial profiling.

To state and local police:

  • Collect data to measure the prevalence of pretextual police stops and arrests (intended to lead to removal) for minor criminal violations, with a focus on the extent to which such stops involve racial and ethnic minorities.
  • Limit collaboration with ICE and CBP to prevent local police from acting as immigration agents, to promote public safety, and to ensure that no group of residents fears reporting crimes or otherwise cooperating with the police.
  • Strengthen policies against racial bias in policing, and regularly train and evaluate law enforcement officers on adherence to these policies.
  • Adopt and implement policies — like municipal identification cards and driver’s licenses for the undocumented — that treat immigrants as full members of their communities.To faith communities:
  • Address the urgent priorities of immigrants, including the need for safe and welcoming spaces, deportation planning, transportation, access to legal representation, public safety, access to the police, and accompaniment to places where they might be vulnerable to arrest.
  • Prioritize pastoral service to immigrants and their families; fully incorporate them into all faith institutions, ministries, and programs; and educate nonimmigrant members and the broader public on the immense challenges facing immigrants.
  • Identify, collect, disseminate and implement best pastoral practices for accompanying and supporting deportees and their families at all stages of the removal process.
  • Advocate for the generous exercise of prosecutorial discretion; humane enforcement policies that prioritize family unity and cohesive communities; expanded legal avenues to regularized status; and strong citizenship policies.

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Takeaways:

  • DHS must reinstate the use of prosecutorial discretion (“PD”)  (of the type heavily used by every other law enforcement agency in America) in both enforcement actions and Immigration Courts;
    • Under the toxic “leadership” of former AG Jeff Sessions the discretion of both DHS and EOIR to use sensible “PD” was basically eradicated;
  • DHS Enforcement is over funded to the point where money and resources are routinely wasted on counterproductive politically motivated initiatives;
    • Congress should resist any further increases in DHS Enforcement funding until DHS shows better management, accountability, and reasonable use of existing resources.

PWS

11-13-18

FORGET TRUMP’S WHITE NATIONALIST LIES: THREE WAYS IMMIGRANTS HAVE & CONTINUE TO MAKE AMERICA GREAT: 1) Migrants’ Huge Contributions To Alexandria, Va; 2) CMS: Refugees Are Good For America; 3) How Undocumented Workers Built The American Tech Industry

https://research.newamericaneconomy.org/report/new-americans-in-alexandria/

New Americans in Alexandria

Date: July 30, 2018

A new report from New American Economy (NAE) shows that immigrants in the City of Alexandria paid $364.6 million in taxes in 2016, including $262.4 million in federal taxes and $102.2 million in state and local taxes. The report was produced in partnership with the City of Alexandria Workforce Development Center and the Alexandria Economic Development Partnership.

In addition to their financial contributions, the new report, New Americans in Alexandria, shows the role that the immigrant population in Alexandria plays in the local labor force, as well as their contributions to the city’s recent population growth. Though they account for 28 percent of the city’s overall population, immigrants represent 32.3 percent the city’s working age population and 30.5 percent of its employed labor force. The report also shows that over half of the city’s population growth in between 2011 and 2016 is attributable to immigrants.

The report features profiles on four Alexandria-area immigrants: Fernando TorrezRhoda WorkuMahfuz Mummed, and Sophia Aimen Sexton.

The brief also finds:

  • Foreign-born residents paid $364.6 million in taxes in the City of Alexandria in 2016. Immigrant households earned $1.4 billion in income in 2016. Of that, $262.4 million went to federal taxes and $102.2 million went to state and local taxes, leaving them with $998.8 million in spending power.
  • Immigrants were responsible for 52.0 percent of the total population growth in Alexandria between 2011 and 2016. Over those 5 years, the overall population in the city increased by 10.8 percent, while the immigrant population increased by 22.2 percent.
  • Despite making up 28.0 percent of the overall population, immigrants played an outsize role in the labor force in 2016. Foreign-born workers represented 32.3 percent of Alexandria’s working-age population and 30.5 percent of its employed labor force that year.
  • Immigrants are overrepresented among entrepreneurs in the city. Despite making up 28.0 percent of the population, immigrants accounted for 34.2 percent of all entrepreneurs in the city in 2016, generating $79.4 million in local business income.
  • Immigrants play a critical role in several key industries in the city, including in STEM fields. Foreign-born workers made up 62.2 percent of all workers in construction, 48.3 percent of all workers in hospitality and recreation, and 41.4 percent of all workers in healthcare. They also made up 21.4 percent of science, technology, engineering, and math (STEM) workers.
  • 40 percent of immigrants over the age of 25 had a bachelor’s degree or higher in 2016, and 19.2 percent had an advanced degree.
  • Over one third of immigrants in the city—36.3 percent, or over 15,000 individuals— were naturalized citizens in 2016.
  • Over one third—31.2 percent—of refugees aged 25 and above in the city held at least a bachelor’s degree in 2016. 10 percent held an advanced degree.

Read the full research brief here.

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The US Refugee Resettlement Program — A Return to First Principles:
How Refugees Help to Define, Strengthen, and Revitalize the United States

Donald Kerwin
Center for Migration Studies

EXECUTIVE SUMMARY

The US refugee resettlement program should be a source of immense national pride. The program has saved countless lives, put millions of impoverished persons on a path to work, self-sufficiency, and integration, and advanced US standing in the world. Its beneficiaries have included US leaders in science, medicine, business, the law, government, education, and the arts, as well as countless others who have strengthened the nation’s social fabric through their work, family, faith, and community commitments. Refugees embody the ideals of freedom, endurance, and self-sacrifice, and their presence closes the gap between US ideals and its practices. For these reasons, the US Refugee Admissions Program (USRAP) has enjoyed strong, bipartisan support for nearly 40 years.

Yet the current administration has taken aim at this program as part of a broader attack on legal immigration programs. It has treated refugees as a burden and a potential threat to our nation, rather than as a source of strength, renewal, and inspiration. In September 2017, it set an extremely low refugee admissions ceiling (45,000) for 2018, which it had no intention of meeting: the United States is on pace to resettle less than one-half of that number. It has also tightened special clearance procedures for refugees from mostly Muslim-majority states so that virtually none can enter; cynically slow-walked the interview, screening, and admissions processes; and decimated the community-based resettlement infrastructure built up over many decades (Miliband 2018). At a time of record levels of forced displacement in the world, the United States should model solidarity with refugees and exercise leadership in global refugee protection efforts (Francis 2018a, 102). Instead, the administration has put the United States on pace to resettle the lowest number of refugees in USRAP’s 38-year history, with possible further cuts in fiscal year (FY) 2019.

This report describes the myriad ways in which this program serves US interests and values. The program:

  • saves the lives of the world’s most vulnerable persons;
  • continues “America’s tradition as a land that welcomes peoples from other countries” and shares the “responsibility of welcoming and resettling those who flee oppression” (Reagan 1981);
  • promotes a “stable and moral world” (Helton 2002, 120);
  • reduces spontaneous, unregulated arrivals and encourages developing nations to remain engaged in refugee protection (Gammeltoft-Hansen and Tan 2017, 42-43); and
  • promotes cooperation from individuals, communities, and nations that are central to US military and counter-terrorism strategies.[1]

In that vein, the report describes the achievements, contributions, and integration outcomes of 1.1 million refugees who arrived in the United States between 1987 and 2016. It finds that:

  • the median household income of these refugees is $43,000;[2]
  • 35 percent of refugee households have mortgages;
  • 63 percent of refugees have US-born children;
  • 40 percent are married to US citizens; and
  • 67 percent have naturalized.

Comparing the 1.1 million refugees who arrived between 1987 and 2016 with non-refugees,[3] the foreign born, and the total US population, the report finds:

  • Refugees’ labor force participation (68 percent) and employment rates (64 percent) exceed those of the total US population (63 and 60 percent respectively).[4]
  • Large numbers of refugees (10 percent) are self-employed and, in this and other ways, job creators, compared to 9 percent for the total US population.
  • Refugees’ median personal income ($20,000) equals that of non-refugees and exceeds the income of the foreign born overall ($18,700).
  • Refugees are more likely to be skilled workers (38 percent) than non-refugees (33 percent) or the foreign born (35 percent).
  • Refugees are less likely to work in jobs that new immigrants fill at high rates, such as construction, restaurants and food service, landscaping, services to buildings and dwellings, crop production, and private households.
  • Refugees use food stamps and Medicaid at higher rates than non-refugees, the foreign born, and the total US population. However, their public benefit usage significantly declines over time and their integration, well-being, and US family ties increase.

Comparing refugee characteristics by time present in the United States — from the most recent arrivals (2007 to 2016), to arrivals between 1997 to 2006, to those with the longest tenure (1987 to 1996) — the report finds:

  • Refugees with the longest residence have integrated more fully than recent arrivals, as measured by households with mortgages (41 to 19 percent); English language proficiency (75 to 55 percent); naturalization rates (89 to 24 percent); college education (66 to 32 percent); labor force participation (68 to 61 percent); and employment (66 to 55 percent) and self-employment (14 to 4 percent).
  • Refugees who arrived from 1997 to 2006 have higher labor force participation and employment rates than refugees who arrived from 1987 to 1996.[5]
  • Refugees who arrived between 1987 and 1996 exceed the total US population, which consists mostly of the native-born, in median personal income ($28,000 to $23,000), homeownership (41 to 37 percent with a mortgage), percent above the poverty line (86 to 84 percent), access to a computer and the internet (82 to 75 percent), and health insurance (93 to 91 percent).

Comparing nationals — in 2000 and again in 2016 — from states formerly in the Soviet Union, who entered from 1987 to 1999, the report finds that:

  • median household income increased from $31,000 to $53,000;
  • median personal income nearly tripled, from $10,700 to $31,000;
  • the percent of households with a mortgage increased from 30 to 40 percent;
  • public benefit usage fell;
  • English language proficiency rose;
  • the percent with a college degree or some college increased (68 to 80 percent);
  • naturalization rates nearly doubled, from 47 to 89 percent;
  • marriage to US citizens rose from 33 to 51 percent; and
  • labor force participation rate (59 to 69 percent), employment (57 to 66 percent), self-employment (11 to 15 percent), and the rate of skilled workers (33 to 38 percent) all grew.

The report also finds that refugees bring linguistic diversity to the United States and, in this and other ways, increase the nation’s economic competitiveness and security.

In short, refugees become US citizens, homeowners, English speakers, workers, business owners, college educated, insured, and computer literate at high rates. These findings cover a large population of refugees comprised of all nationalities, not just particularly successful national groups.

Section I of the report describes the nation’s historic commitment to refugees and critiques the administration’s rationale for dismantling the resettlement program. Section II sets forth the Center for Migration Studies (CMS) methodology for selecting the refugee data used in this report. Section III discusses the resettlement, national origins, and years of arrival of the refugees in CMS’s sample. Section IV details the report’s main findings on the achievements, contributions, and integration of refugees over time. It compares the characteristics of refugees, non-refugees, the foreign born, and the total US population; and examines the progress of refugees — measured in 2000 and 2016 — that arrived from the former Soviet Union between 1987 and 1999. This section also references the growing literature on the US refugee program and on the economic and fiscal impacts of refugees. Section V discusses the important role of voluntary agencies in the resettlement process, focusing on the work of Catholic agencies in building community support for refugees and promoting their entrepreneurial initiatives. Section VI identifies the national interests served by the refugee program, recommends ways to address several of the program’s longstanding challenges, and urges the president, Congress, Americans with refugee roots, and other stakeholders to work to strengthen and expand the program.

DOWNLOAD


[1] Brief for Retired Generals and Admirals of the US Armed Forces in Support of Respondents at 19-21, Trump v. Hawaii, No. 1 7-965 (Mar. 30, 2018)http://journals.sagepub.com/doi/pdf/10.11.

[2] This is less than the median household income of the non-refugee population ($45,000), the foreign born ($56,000), and the total US population ($52,800). However, most refugees enter the United States without income, assets, or English language proficiency, and they advance dramatically over time. This report shows, for example, that the median personal income of refugees who arrived between 1987 and 1996 actually exceeds that of the total US population.

[3] The Center for Migration Studies identified non-refugees by removing persons selected as refugees from the population of all foreign born that entered after 1986, by single year of entry. In each year of entry, it then randomly selected the same number as the number of refugees.

[4] The labor force participation rate refers to the percentage of persons age 16 or over who are employed or seeking work, as opposed to out of the labor force entirely.

[5] The higher labor force participation and employment rates of refugees who arrived from 1997 to 2006 can likely be attributed to the older age of those who arrived from 1987 to 1996 (20 percent age 65 or over). Many of those who arrived in the 1987 to 1996 period had likely retired by 2016.

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The Contributions of Refugees to the Nation and the Importance of a Robust US Refugee Program
September 6, 2018, 1pm EDT
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https://www.washingtonpost.com/outlook/2018/08/31/undocumented-workers-who-built-silicon-valley/?utm_term=.31a6458a4df9

The undocumented workers who built Silicon Valley

An employee solders a circuit board. (Dominik Osswald/Bloomberg)

President Trump has repeatedly promised to close the borders to stop undocumented migrants from taking American jobs, so far with only minimal success. Which shouldn’t be surprising. For a half-century, the government has been unable to stanch the flow of illegal migrants working for American companies because it continuously misdiagnoses the problem. Unless the government either holds employers responsible or grants undocumented workers legal rights, there will continue to be undocumented immigrants streaming across the border, no matter how harsh enforcement efforts are.

When we think of undocumented workers, we tend to think of farmworkers or those doing menial service jobs like hotel housekeeping. And yet undocumented workers have been foundational to the rise of our most vaunted hub of innovative capitalism: Silicon Valley.

If any industry should be automated, it would be the high-tech world of electronics. In 1984 the iconic Apple even touted its “Highly Automated Macintosh Manufacturing Facility,” bragging that “A Machine Builds Machines.” Yet Apple’s factory, like all the other electronic factories, was shockingly old-fashioned. There were more robots in Detroit’s auto factories than in Silicon Valley. The flexibility of electronics production in Silicon Valley, despite all the technical wizardry, came from workers not machines.

And while these companies employed many high-skilled, highly paid engineers, Silicon Valley became the tech hub of the world thanks to a very different set of workers. Unlike the postwar industries that created a middle class from union wages, electronics expanded in the 1970s and ’80s through low-cost, often subcontracted, often undocumented labor. Instead of self-aware robots or high-dollar professionals, it was women of color, mostly immigrants — hunched over tables with magnifying glasses, assembling parts sometimes on a factory line, sometimes on a kitchen table — who did the necessary but toxic work of semiconductor manufacturing. Many of the undocumented workers were from Mexico, while many of the documented ones were from there and Vietnam.

Consider Ampex, a leading audio manufacturer, whose 1980s assembly room looked like most in Silicon Valley: all women, and mostly women of color. Automation was not an option because the products changed too quickly to recoup the investment in machinery.

The tools these women used were hardly futuristic. In fact, they were one of the most ancient tools in existence — their fingernails. The women grew their nails long on each hand so that they could more easily maneuver the components onto the circuit boards. Tongs were an option, but fingernails worked better.

The high-end audio at Ampex was made possible by low-end subcontracting. In Quonset huts, temporary workers dropped off and collected subcontracted chemical processing that was too dangerous to be done by regular Ampex employees. The front and back doors of the huts were open, some lazily turning fans were on the ceiling, but otherwise there was no ventilation.

The workers stoked fires beneath vats of chemicals, some of which boiled. In the vats, the subcontracted workers dipped metals and printed circuits, which temps collected and returned to Ampex.

And this wasn’t even the bottom rung of the electronics industry. The bottom-rung of the electronics industry was not in a small factory or a Quonset hut, but a kitchen.

Investigators found that somewhere between 10 and 30 percent of electronics firms subcontracted to “home workers.” Like garment workers taking in sewing in the 1880s, electronics workers in the 1980s could assemble parts in their kitchen. A mother and her children gathered around a kitchen table assembling components for seven cents apiece. These little shops put together the boards used by big companies like Ampex.

The catch: the Immigration and Naturalization Service (INS) believed that as much as 25 percent of the Silicon Valley workforce (~200,000 people) was undocumented — which meant this thriving industry was routinely breaking the law. The INS tasked John Senko, an 18-year veteran, with opening the agency’s first office in San Jose and eliminating illegal migrant labor in Silicon Valley. Early raids yielded undocumented workers making between $5.50 and $7.50 an hour ($13.60 and $18.55 in 2018 dollars), which, in the lingering recession of the early 1980s, was good money. Americans out of work might not have wanted to be migrant farmworkers, but they did want factory jobs.

The INS encouraged the large companies to cooperate by offering them lenience for giving up their “illegal aliens.” At Circuit Assembly Corporation in San Jose, the INS asked for the names of its noncitizen employees. Of the 250 names, the company suspected that “20 or 30 of them could be using forged papers.” The actual number was 187.

But in a pattern that would repeat itself, and would reinforce the wrong incentive structures, the company received no sanctions or penalties because it cooperated. It replaced those employees with what Senko dubbed “legal workers,” while deporting the rest. The INS moved onto the next company.

This pattern, however, allowed companies to return to hiring undocumented workers once the heat was off. Papers were easy to forge, and employers had no reason to check them too closely. Senko and the INS were understaffed, growing to only a few dozen employees. And there was no real risk to breaking the law without any potential penalty for the company.

In addition to doing nothing to stanch the flow of undocumented workers, by targeting employees, not employers, the INS provoked a fierce backlash. Senko raided not just workplaces but neighborhoods. In Menlo Park, just near Stanford, INS agent blocked the streets, removed “Hispanic males” from cars and from homes, checking them for proof of citizenship. In Santa Cruz, the INS went door to door checking Hispanic citizenship.

These harsh tactics prompted pushback from local governments. In San Jose, officials fought against INS in the name of defending “chicano citizens” against harassment, passing a resolution against “the unwarranted disruption of the business community.” In December 1985, San Francisco declared itself a “sanctuary” and directed its police and officials not to assist the INS in finding “law-abiding” but “undocumented” migrants.

This resistance forced INS agents to enforce the law more selectively. But reducing these broad sweeps actually exacerbated the root problem. It gave Silicon Valley corporations even more power over their undocumented workforce.

Businesses could selectively check green cards against an INS database, or simply hand over troublemakers. This power made it impossible for unions to organize the electronics factories. The spokesman for the International Association of Machinists explained that whenever they tried to organize, the company “threatened to have anyone who joined the union deported.”

So long as undocumented workers remained cheaper and willing to work in worse conditions than American employees, and the risk of employing undocumented labor was nonexistent, enforcement was doomed to fail.

For John Senko, his time in San Jose was “the worst three years of my life.” He came to believe that if he was actually successful in deporting undocumented workers from Silicon Valley “we’d have a revolution.” He preferred, he said, businesses to cooperate rather than to have to raid them, but that missed the point.

“This economy,” former INS head Leonel Castillo told a newspaper in 1985, “was built on the assumption and reality of a heavy influx of illegal labor.” Castillo was not just referring to the electronics industry but the entire economy of the American West.

And that basic reality remains the same today: countless American businesses in a wide variety of industries thrive solely because they can rely on undocumented employees who will work for less in harsher conditions. If we want to reduce competition for American workers from undocumented foreign workers, we must either truly hold employers accountable (which has never been done) or extend workplace rights to noncitizens. Our current system of punishing the undocumented themselves simply won’t stop the problem — no matter how harsh President Trump’s tactics. When some workers count and others don’t, employers will choose the workers that can work cheaper and more dangerously, which, in turn, makes the rest of our work, citizens or not, more precarious.

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

Employer sanctions have now been in effect for more than three decades without effective enforcement. Fact is, they target U.s. employers, rather than their foreign workers. Therefore, not likely to be much “red meat” for the Trump racist base, particularly those who actually employ undocumented individuals. Hypocrisy runs deep in the Trump White Nationalist empire.

PWS

09-04-18

INSIDE EOIR WITH HAMED ALEAZIZ: THE INSIDIOUS WAYS IN WHICH SESSIONS CONTINUES TO COMPROMISE JUDICIAL INDEPENDENCE OF THE IMMIGRATION COURTS — Quoting “Our Gang Rock Star” Hon. Jeffrey S. Chase!

https://www.buzzfeed.com/hamedaleaziz/immigration-judges-have-been-told-to-hold-more-hearings?utm_term=.yhamGYaYoZ#.yhamGYaYoZ

HAMED ALEAZIZ reports for BuzzFeed:

In a move that advocates say could threaten due process rights for immigrants and lead to more deportations, immigration judges in multiple cities have been instructed to cram more hearings into their daily schedules, according to sources knowledgeable on the matter.

Advocates believe the Trump administration has undercut the independence of judges in order to speed up deportations. Already this year, Attorney General Jeff Sessions restricted the types of cases in which asylum would be granted and limited the ability for judges to indefinitely suspend certain cases.

Judges across the country, in places like San Francisco; Arlington, Virginia; Memphis, and Dallas, recently received the instructions from assistant chief immigration judges, who supervise separate immigration courts, to schedule three merits hearings a day starting Oct. 1, according to sources who did not want to speak publicly on the matter.

An Executive Office for Immigration Review official said that that the assistant chief judges were not directed by the office’s leadership to push the instructions.

Advocates believe the move could be potentially disastrous for immigrants. During merits hearings, immigrants facing deportation provide evidence and call witnesses to back up their claims to remain in the country, such as arguing for asylum. In addition, earlier in the year, the Department of Justice announced that beginning Oct. 1, judges would be expected to complete 700 cases a year.

“The requirement of three merits hearings a day could do more to threaten the integrity of the court system than the 700-case-per-year requirement,” said Sarah Pierce, a senior analyst at the Migration Policy Institute, a Washington think tank. “Requiring immigration judges to schedule three merits hearings a day assumes each case will be a similar or at least comparable length — and that’s just not true.”

Pierce said some hearings, such as asylum hearings, may require detailed testimony that can make the case stretch on for hours. “By mandating three merits hearings a day the court would be placing unrealistic pressures on immigration judges, which will certainly have negative after effects on the due process rights of the foreign nationals in their courtrooms,” she said.

Until now, how many hearings a judge schedules each day has been up to the judges themselves. Often, judges schedule two such hearings a day, experts say.

Jeffrey Chase, a former immigration judge and now an immigration attorney, said the instructions to schedule three could lead to judges feeling forced to speed through hearings.

“If a judge is going to think: ‘let me do [the] right thing and have an eight-hour hearing, or I’ve got my kids’ tuition I have to pay, I’m going to do what they want me to do,’” he said. “It’s the next step in taking away immigration judges’ independence, making them choose between job security and due process.”

Unlike federal judges who are given lifetime appointments, immigration court judges are employees of the Department of Justice. In his role overseeing the court, Sessions has been vocal in cutting down the backlog of deportation cases.

To that end, in March, judges were given benchmarks on how many days they should take to complete certain cases and how many cases they should finish every year beginning on Oct. 1.

Dana Marks, a spokesperson for the National Association of Immigration Judges, told BuzzFeed News that she could not confirm or deny the report. Marks, however, said that their association is “deeply concerned any time” there is an encroachment on judges’ ability to manage their dockets.

“Micro-managing our dockets from afar does not help us to do our job more efficiently and effectively,” she said, “it hinders us.”

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Of course demanding that Immigration Judges schedule additional cases is NOT “mere administration” or “value neutral.” Given the clear anti-immigrant, “blame the victims and the judges” message delivered by Sessions, it’s basically saying “most of the cases are easy denials — get the lead out and move ‘em out.”

A really good Immigration Judge can do a maximum of two full contested cases per day. A thorough job on a “contested merits case” including delivery of oral decision takes 3-4 hours. And, frankly, many Immigration Judges can’t fairly complete two cases.

That doesn’t mean that they aren’t working hard or good judges; it’s just a “fact of life” that judges are human and work at different paces. Also the preparation of the parties and whether or not the case  requires an interpreter (obviously, cases in English go more quickly), things over which a judge has no control, enter into it. Indeed, judges purporting to complete more than two full contested cases per day are almost certainly cutting corners, doing a substandard job, or denying Due Process to the respondents.

Sessions, through a toxic combination of ignorance, incompetence, and gross bias is destroying what is left of Due Process in the Immigration Courts. Time for the Article III Courts to step in, oust Sessions from control on ethical grounds (he is a living, breathing, violation of judicial ethics), and appoint a “Special Master” to run the system until Congress steps up and creates an independent US Immigration Court.

Otherwise, one way or another, the Article IIIs will find themselves destroyed by the mess Sessions is intentionally creating in the Immigration Courts. The Article IIIs can’t “run and hide” from the “Sessions Debacle.” Eventually, they are going to be sucked into the legal, ethical, and moral morass Sessions is creating.

In the period leading up to World War II, the German courts not only failed to stand up to Hitler, but actually willingly joined in his racist, anti-semitic program that eventually led to the Holocaust. History didn’t let them off the hook. Where will the Article IIIs stand in the Trump/Sessions White Nationalist assault on the Constitution and the rule of law?

PWS

08-24-18

 

 

 

 

 

 

 

 

 

 

 

 

 

NEW SCHOLARSHIP FROM PROFESSOR RUTH ELLEN WASEM, LBJ SCHOOL @ UT TAKES ON PROBLEMS OF 21ST CENTURY IMMIGRATION GOVERNANCE — “Immigration is not a program to be administered; rather, it is a phenomenon to be managed.”

Immigration Governance for the Twenty-First

Ruth Ellen Wasem The University of Texas at Austin

6 Journal on Migration and Human Security  97 (2018)

KEY QUOTE:

Even with fragmented governance and strained resources, the US immigration system has enjoyed successes. Each year, approximately one million foreign nationals legally become permanent residents in the United States. In FY 2015 and FY 2016, the Bureau of Consular Affairs issued over 10 million visas each year to foreign nationals coming to the United States as nonimmigrants (i.e., for a temporary purpose and a temporary period of time) and over half a million visas to LPRs (Bureau of Consular Affairs 2017). CBP admitted almost 77 million foreign nationals as nonimmigrant admissions to the United States in FY 2015 (Office of Immigration Statistics 2016). That year, DOL processed 711,820 employer applications for 1,580,778 positions for temporary and permanent labor certifications Immigration Governance for the Twenty-First Century 117 (Office of Foreign Labor Certification 2016). In FY 2015, there were 730,259 LPRs who became US citizens. That same year, the United States admitted 69,920 refugees, and USCIS approved 26,124 asylees. DHS apprehended 462,388 foreign nationals and deported 444,431 foreign nationals in FY 2015. Another 253,509 foreign nationals were denied entry, and 129,122 foreign nationals returned home without a formal order of removal (Office of Immigration Statistics 2016). In FY 2016, EOIR judges received 328,122 cases and completed 273,390, including those of 8,726 foreign nationals who were granted asylum (EOIR 2017). Considerable credit is due to the people carrying out immigration-related responsibilities across the federal government.

Immigration is not a program to be administered; rather, it is a phenomenon to be managed. While there are limits to how much one government can control migration, the building blocks in Figure 3 offer a reasonable set of priorities. Effective immigration governance, coupled with laws and policies that incorporate the national interests, is key to maintaining a robust sovereign nation.

Get the entire article, which I highly recommend, at this link:

Wasem,ImmigrationGovernance21st Century

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Words of wisdom, to be sure. If only our policy makers had the same degree of understanding.

Today, we operate on an illusion that a few folks sitting in Washington, D.C. can “pull all the strings” to seal borders, override market forces, ignore international conditions and agreements, change behavior in foreign countries, and dominate forces of human migration that have been at work since before all of us were born and will continue long after we’re all gone. It’s a toxic mix of arrogance and ignorance that will leave immigration and refugee policy in tatters for years to come.

I can only hope that there are those out there in the upcoming generations who will bring to the immigration phenomenon practical scholarship, reason, humanity, fairness, and better ideas on management of our laws for the benefit of our country and humanity as a whole.

PWS

03-07-18

POLITICO: Agreement On Dreamer Relief Still Likely, But Not This Year!

https://www.politico.com/story/2017/12/19/senate-white-house-trump-lay-groundwork-for-daca-deal-30

SEUNG MIN KIM, HEATHER CAYGLE and ELANA SCHOR 12/19/2017 08:40 PM EST
Top senactors and White House officials are laying the groundwork for a major immigration deal in January to resolve the fate of young undocumented immigrants whose legal protections were put in limbo by President Donald Trump.

At a Tuesday afternoon meeting with nearly a dozen senators deeply involved in immigration policy, White House chief of staff John Kelly pledged that the administration will soon present a list of border security and other policy changes it wants as part of a broader deal on so-called Dreamers, according to people who attended the meeting. The plan could come in a matter of days, senators said.

About a half-dozen senators have been negotiating a bipartisan package prompted by Trump’s decision to kill the Deferred Action for Childhood Arrivals program, an Obama-era executive action that granted work permits to nearly 800,000 undocumented immigrants who came here as minors. Yet the senators could not fully flesh out a deal before they knew what Trump was willing to sign.

“We couldn’t finish this product, this bill, until we knew where the administration was,” Sen. Jeff Flake (R-Ariz.), who has been negotiating a DACA compromise for weeks, said in an interview after the meeting with Kelly. “And that’s why this meeting was so important.”

Congressional Republicans and the White House have long said any DACA deal would need to be paired with security and other enforcement measures. Democrats say that’s fine as long as the provisions weren’t too onerous. But the border security question has been a sticking point for weeks, as senators swapped proposals without cutting a deal, so far.

And while liberal Democrats and grass-roots activists are pressuring Congress to enact permanent legal protections for Dreamers this year, both Democrats and Republicans at the meeting with Kelly said there was a consensus that legislation wouldn’t pass before lawmakers leave Washington. It was one of the clearest sign yet that a Dreamers agreement won’t, to the chagrin of liberals, come before 2018.

“Our belief is that if this matter is not resolved this week — and it’s not likely to be resolved — that come the omnibus and the caps, that we have another chance to finally come up with a bipartisan package of things to include” by mid-January, said Sen. Dick Durbin (D-Ill.), who also attended the meeting. “The closer we get [to the March deadline], the more nervous I get, not to mention the way these young people feel. I’m sorry that it’s taken this long.”

Flake said he believes he has a commitment from Senate Majority Leader Mitch McConnell (R-Ky.) to hold a cloture vote on the floor on an immigration deal by mid-January, before the next likely deadline to fund the government, Jan. 19.

A spokesman for McConnell did not immediately return a request for comment. But the majority leader said during a Fox News interview that he has talked about the immigration issue with his counterpart, Senate Minority Leader Chuck Schumer of New York.

“No, we’ll not be doing DACA … this week,” McConnell said. “That’s a matter to be discussed next year. The president has given us until March to address that issue. We have plenty of time to do it.”

At the Tuesday meeting, Kelly and other administration officials went into detail about how much of the southern border is currently fenced and how much more the White House would want in exchange for a DACA deal, according to people who attended.

Senators also pressed the White House on other immigration demands, such as an overhaul of the nation’s asylum system or a change in policy toward unaccompanied minors who are apprehended at the southern border, and whether they needed to be included in the current DACA talks.

“Which of those policy items, or immigration law changes, do we need to make as part of this and what can wait for something else?” Flake said, summing up the questions from senators. “There’s a lot of nice things we need to do as part of broader comprehensive reform, but we need to have a bill in January and we need to know what has to be in it and what the administration will support.”

The bipartisan group of senators — Flake and Durbin, Michael Bennet (D-Colo.), James Lankford (R-Okla.), Thom Tillis (R-N.C.), Lindsey Graham (R-S.C.) and Cory Gardner (R-Colo.) — has discussed a legalization plan that would marry the DREAM Act, drafted by Durbin and Graham, with a more conservative proposal for Dreamers written by Tillis and Lankford, Flake said.

Those seven senators attended Tuesday’s meeting with Kelly, as did Senate Majority Whip John Cornyn (R-Texas), and Republican Sens. Tom Cotton of Arkansas and David Perdue of Georgia.“I think what we’re trying to do is to get some clarity from the administration on what they require by way of border security and other enforcement measures,” Cornyn said as he left the meeting. “We got a promise to provide it to us and hopefully we’ll get that in short order. Maybe even this week.”

Republicans’ commitment to taking up a DACA deal next month won’t spare Democrats the fury of liberal groups that have demanded that any spending bill this year include a solution for Dreamers.

Democratic leaders have signaled that they won’t risk a government shutdown this month to secure relief for the Dreamers, though some lawmakers have vowed to withhold their votes for any must-pass funding measure without an immigration fix.

Durbin, the influential second-ranking Senate Democrat, is firmly in the camp of senators who won’t vote for a spending bill without help for Dreamers. That group also includes liberal Sens. Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.), Kirsten Gillibrand (D-N.Y.), and Elizabeth Warren (D-Mass.).

Durbin was asked by reporters Tuesday if there was a divide between him and Schumer over where to draw the line on the issue, and acknowledged that there “may be.”

Schumer, for his part, put Republicans on notice Tuesday that they shouldn’t count on Democratic votes for a short-term funding package that includes just some of Democrats’ priorities — such as children’s health insurance — while leaving immigration for next year.

In the House, lawmakers, including several in the Congressional Hispanic Caucus, privately say they don’t see a path to secure a legislative fix for Dreamers before the end of the year. They acknowledge that the sides are now positioning themselves for a fight in January.

House Minority Leader Nancy Pelosi (D-Calif.) touched on dynamics during a private leadership meeting Monday night.

“We need to stick [together] and show that they need us,” said one Democratic member with knowledge of the strategy going into January. Republicans “are not going to be able to keep going on with the CRs. … Then we’re at an inflection point in January.”

That hasn’t stopped some members from making a last-ditch effort to reach a bipartisan agreement, in hopes Democrats can use it as leverage in the House if Republicans need their votes to pass a short-term funding bill later this week.

“I believe that my leadership is gonna close the deal and I have to believe that,” said CHC Chair Michelle Lujan Grisham (D-N.M.), noting she’s canceled all Christmas travel to stay in Washington and work on a legislative fix.

Reps. Will Hurd (R-Texas) and Pete Aguilar (D-Calif.) are behind one effort that would pair a proposal similar to the DREAM Act with border security, according to several members.

And the Problem Solvers Caucus, a bipartisan group of 48 moderate Democrats and Republicans, is preparing to publicly embrace a specific proposal in the next day or two. A subset of the group has been working for weeks to hammer out an agreement and the entire caucus planned to meet again Tuesday night.

“There’s certainly scenarios where this could get done this week. I’m not an expert on how all these pieces could unfold,” said Rep. Josh Gottheimer (D-N.J.), a co-chairman of the group. “But everything is clearly on the table, which is why we think it’s important we move and move quickly here.”

Cristiano Lima contributed to this report

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Ironically, as I’ve pointed out before, the controversial “Border Wall” seems to be the least overtly harmful to humans and the long-term interests of the US of the various unnecessary enforcement measures the GOP has put out there in negotiations. Yeah, it is a waste of money, a boondoggle for certain contractors, and makes us look like a nation of scared nincompoops.

But, ending normal family migration (or as GOP White Nationalists pejoratively have termed it “chain migration”), funding the “New American Gulag,” and/or providing more unneeded agents for the Trump-Sessions-Bannon “American Gestapo” all will do much more long-term damage to actual human beings and to the economic future and social fabric of our country,

Perhaps, at some better time in the future, we could pay a diverse group of native and immigrant workers to tear down “The Wall” as part of our gala Fourth of July celebration on TV.  Or, it could work as part of the celebration of the birthday of President Ronald Reagan. Or, we could implode The Wall on national TV.

PWS

12-20-17

 

 

 

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want  to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

 

THE HILL: N. RAPPAPORT ON WHAT IT WILL TAKE TO CLOSE THE DEAL ON DREAMERS

http://thehill.com/opinion/immigration/352155-if-democrats-insist-on-chain-migration-theyll-kill-the-dream-act

Nolan writes:

“According to Migration Policy Institute estimates, potentially 3,338,000 aliens would be able to qualify for conditional lawful status under H.R.3440, which leads to permanent resident status, and chain migration would make the number much larger.

Moreover, chain migration would make it possible for the DREAMers to pass on legal status and a path to citizenship to the parents who brought them to the United States in violation of our laws, which is sure to be unacceptable to many Republicans.

The chain migration issue does not just apply to a DREAM Act. If it is allowed to block passage of a DREAM Act, it is likely to become an obstacle to every legalization program from now on, and for most undocumented immigrants, there is not going to be another way to obtain lawful permanent resident status.”

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Read Nolan’s complete analysis over at The Hill at the link.

I’m far removed from the days when I had a sense of what’s happening on the Hill. So, if Nolan says that the Dems will have to give on family migration for  Dreamers to cut a deal to save them in a GOP-controlled Congress in a Trump presidency, maybe that’s true. Gotta do what you have to do to save lives and preserve America’s future.

But, I do know something about the bogus term “chain migration” It’s a pejorative term coined by restrictionists to further their racial and ethnic agenda.

Chain migration is simply legal family migration, a process that has been ongoing for at least half a century and has done nothing but good things for America. Of course, it makes sense to give preferred treatment to those with family already in the U.S. Of course, having family here helps folks adjust, prosper, and contribute. It’s a win-win. Studies by groups not associated with a restrictionist agenda confirm that.

Moreover, unlike the folks pushing the restrictionist agenda, I actually have seen first-hand the highly positive results of family-based legal immigration for years in Immigration Court. It brings really great folks into our society and allows them to contribute fully to the success of America, and particularly our local communities.

If we want more skills-based immigration, that’s also a good idea. But, that doesn’t require a corresponding cut in family immigration. Immigration is good for America. It’s not a “zero-sum game,” although restrictionists would like us to think so.

The GOP position on parents of Dreamers is absurd. Those folks are already here and contributing to our society and our communities. Many have been here for decades. They are not going anywhere notwithstanding the rhetoric of the restrictionists and the Trump Administration. Other than picking on Dreamers once they become citizens, what could we as a country possibly gain by such an absurd and punitive measure directed against productive long term residents?

I think it is worth considering what pushing for unnecessary and harmful restrictions on family migration says about the real motivations of today’s GOP and its apologists.

PWS

09-24-17

 

KERWIN & WARREN: AMERICA’S CURRENT OUTDATED & ENFORCEMENT CENTERED IMMIGRATION SYSTEM HAS FAILED, & IT’S GETTING WORSE — WHY NOT DEVELOP A NEW SYSTEM THAT REFLECTS THE VALUE OF ALL TYPES OF IMMIGRANTS & BETTER REFLECTS OUR BEST NATIONAL VALUES?

http://immigrationimpact.com/2017/06/27/immigration-system-in-line-values/

Guillermo Cantor writes in Immigration Impact:

Over the past two decades, much of the immigration policy debate has focused on issues related to immigration enforcement. In fact, many argue that “enforcement first”—the notion that we must adequately enforce the laws on the books before considering broader immigration reforms—has de facto become the nation’s singular immigration policy. This preoccupation with enforcement has come at the expense of consideration of other key components of a robust immigration system. Specifically, policymakers have failed to directly and adequately address some of the most fundamental questions, including what the legal immigration system should look like, what principles should guide admissions moving forward, and how to intentionally and strategically tie immigration policy to other domestic policies.

In an effort to refocus the debate, a recent article by Donald Kerwin and Robert Warren offers a range of ideas that address some structural issues concerning the legal immigration system. Arguing that the U.S. immigration system does not reflect the values and interests that it is supposed to serve, the authors propose a series of recommendations to reform the system and deliver on its promises.

After examining nearly a century’s worth of presidential signing statements of seminal immigration legislation, the authors identify a list of basic principles that, at least in theory, guide the U.S. immigration and refugee system. These include, but are not limited to, the belief that: families should be preserved; admission policies should not be based on national origin, race, or privilege; fairness and due process are essential in admission and removal decisions; individuals fleeing persecution and violence should be provided with a safe haven; immigrants embody the U.S. value of self-sufficiency, hard work, and drive to succeed; fair, orderly, and secure migration sustains the rule of law; and criminals and security threats defy U.S. ideals and, therefore, should not be admitted or allowed to remain.

If we accept as fact the premise that these principles should guide our immigration and refugee laws and policies, it becomes evident that such laws and policies—and their implementation—often fall short of serving the aforementioned objectives. In recent years, for example, mass deportations have led to large-scale family separation; backlogs in the family-based immigration system have kept numerous families apart for years; the routine detention and expedited removal of asylum seekers have been used to deter other asylum seekers from coming to the border; highly skilled immigrants often cannot work in their fields due to credentialing barriers; and the widespread use of summary removal procedures in the deportation of noncitizens has signaled a dramatic departure from fundamental principles of fairness and due process. And these are just a few examples.”

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Read the entire very worthwhile article at the link.

OK, let’s say we have around 11 million undocumented individuals here today. At least 10 million of them are basically law abiding working folks who are contributing to our economy and our society. Most have at least some US citizen children or other relatives. Many pay taxes, and all of them would if they were in legal status and we made it easy for them to do so. It’s reasonable to assume that nearly all of them entered over the past 40 years. Folks who came prior to that are likely to have legalized, gone home, or died.

So, we could easily have admitted at least 250,000 additional individuals each year under our legal immigration system and we’d be right where we are today.  Except, we wouldn’t have spent as much money on immigration enforcement, detention, removal, and divisive legal battles in the courts.

PWS

06-29-17