😎🇺🇸👍🧥HELP MIGRANTS ARRIVING IN THE DMV AREA! — “Coats For A Cause” Extended Until Friday, Oct. 28!

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

This just in from Professor Alberto Benitez @ the GW Law Immigration Clinic:

The GW Law Immigration Clinic presents our fundraiser, Coats for a Cause: Helping Stranded Migrants Stay Warm. Please see the attached flyer.
Through October 28 we will be collecting all lightly used and new winter clothing to donate to migrants who were recently sent to DC via buses. A box to collect donations is available in the lobby of our building at 650 20th Street, NW. Can’t make it in person? You can donate $$$ to Prof. Vera’s PayPal at @paulinavera1. All monetary donations will be used to purchase items off an Amazon Wishlist put together by local non-profits for the immediate needs of these migrants.
Please direct all comments, questions, or concerns to Spoorthi Datla, spoorthidatla@law.gwu.edu or Jasmine Martinez, jvmartinez@law.gwu.edu.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
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GW Coats Poster
GW Coats Poster

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With colder weather arriving, this is a great opportunity to welcome and help the newest members of our community! Thanks to Professors Benitez and Vera and all the students at the GW Law Immigration Clinic for putting this effort together!

🇺🇸 Due Process Forever!

PWS

10-19-22

 

🤮☠️ MORE THAN 100 ORGANIZATIONS (WHO, UNLIKE GARLAND, ACTUALLY PRACTICE BEFORE HIS DYSFUNCTIONAL “COURTS”) RIP GARLAND’S INSANE, DUE-PROCESS-DENYING “DEDICATED DOCKETS!”

Wheels are off at EOIR
The wheels are off and the wagon rotting away at EOIR!
PHOTO: Creative Commons
Alfred E. Neumann
Alfred E. Neumann has been “reborn” as Judge “Teflon” Merrick Garland! “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

The undersigned 106 legal service providers, court observers, and allied organizations located in the cities where the Dedicated Docket now operates. Together, we have observed hundreds of cases on the Dedicated Docket throughout the country. Our collective experience reveals a process rife with unfairness: lack of legal representation, expedited and arbitrary timelines, removal orders against pro se respondents (including young children), as well as courts marked by confusion and in some cases hostility.

Here’s the letter/report:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/groups-detail-grave-concerns-to-garland-re-dedicated-docket

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What’s going on here!? As due process and equal justice are trashed, and lives and futures endangered, some of the best legal minds in America are forced to spend time pointing out the obvious to our “disconnected from reality” AG! What a waste! 

This inexcusable disaster was totally predictable in advance! NO expert recommended this stupid, “sure to fail” “haste makes waste” approach to asylum in a faux “court system” already reeling from bias, management incompetence, hostility to due process, worst practices, far too many poorly qualified judges (some selected by Sessions and Barr for their perceived willingness to “railroad” asylum seekers), a notoriously anti-asylum appeals board, and rock bottom morale! Yet, Garland went ahead! 

And NOBODY among his subordinates — not DAG Lisa Monaco, not AAG Vanita Gupta, not AAG/Civil Rights Kristen Clarke, not SG Elizabeth Prolager — at the DOJ had the guts to stand up and JUST SAY NO to his life-threatening nonsense. They all share the blame for this completely avoidable blot on our justice system and on their records (something progressives should remember when these irresponsible folks show up looking for jobs someday, as they inevitably will). What a disgrace! It didn’t have to be this way!

Why isn’t practice before the Immigration Courts and demonstrated commitment to human rights and due process a MINIMUM requirement for being the Attorney General or a top DOJ official in a Democratic Administration? No more “ivory tower” “tone deaf” appointments to key justice jobs from Democrats! End the deadly, wasteful nonsense! How many more innocents will be abused and systemically denied fundamental justice by EOIR before Biden and Harris pay attention to what’s happening “on their watch?”

And, folks, don’t forget the almost unfathomable “system costs” of having the knowledge, creativity, energy, and resources of these 106 organizations tied up in resisting and publicizing Garland’s stupidity and disdain by for equal justice and racial justice in America! They should be running EOIR, issuing great precedents on the BIA, solving problems in a practical, humane, legal manner as Immigration Judges, and redoing the broken and dysfunctional administrative system at EOIR.

The knowledge, personnel, creativity, and courage to establish a “model due process court system” are available “out here” — in spades. Instead, this avoidable human rights and racial injustice disaster is inflicted on our nation and some of the must vulnerable therein, by a tone-deaf Democratic Administration unwilling or unable to live up to their campaign promises! Disgusting! 🤮

🇺🇸Due Process Forever!

PWS

10-06-22

GARY SAMPLINER @ WASHPOST — The DMV Can Turn Abbott’s White Nationalist Stunt Into A “Win – Win!” — It Requires A Durable Approach! — Don’t Expect It To Come From The Biden Administration!

Gary Sampliner
Gary Sampliner
Senior Consultant for Advocacy
Shoulder to Shoulder

https://www.washingtonpost.com/opinions/2022/09/09/dc-grateful-texas-migrants/?utm_campaign=wp_afternoon_buzz&utm_medium=email&utm_source=newsletter&wpisrc=nl_buzz&carta-url=https%3A%2F%2Fs2.washingtonpost.com%2Fcar-ln-tr%2F37e0c1d%2F631b9b1ff3d9003c58ca5081%2F598a8acf9bbc0f6826fe4cb8%2F50%2F67%2F631b9b1ff3d9003c58ca5081&wp_cu=565797071f2aa4e140538667638665f9%7CC0D6D8DF75AF4203E0430100007FC096

Opinion by Gary Sampliner

September 9, 2022 at 10:00 a.m. ET

Gary Sampliner is a director of JAMAAT (Jews and Muslims and Allies Acting Together) and a member of the Bethesda Jewish Congregation, which with Bradley Hills Presbyterian Church and the Maqaame Ibrahim Islamic Center is working to assist arriving migrants and asylum seekers. JAMAAT is a member organization of the Interfaith Immigration Coalition.

Gratitude might not be the reaction Texas Gov. Greg Abbott (R) was expecting when he began sending frequent busloads of migrants and asylum seekers to the greater D.C. area. But gratitude, warmth and a renewed sense of collective responsibility are the responses I have seen as D.C.-area organizations and faith communities (and, most recently, its government) have stepped up to welcome and support newcomers.

With Abbott’s bus initiative — a costly venture likely to be funded in large part by Texas taxpayers — we’ve seen an apparent strategy to inflict maximum pain on our region and score political points, using vulnerable people as weapons aimed at pressuring the Biden administration into taking more drastic measures to seal our nation’s southern border.

But, despite the deeply cynical nature of Abbott’s plans, we might actually owe him a debt of gratitude.

We know that providing transportation is one part of establishing a dignified reception system for people seeking safety, and we’ve witnessed repeatedly the long-term payoffs to our communities and nation when we offer support to those in need of refuge.

The D.C. area has been generous in welcoming migrants fleeing persecution. With community and government support, Virginia has been the third-highest recipient of recent Afghan refugees to the United States, and Maryland is not far behind. My own synagogue and the church and mosque with whom we share our building have been active in helping welcome Afghan refugees to the area since 2017. The Jewish-Muslim community organization I help to direct has been working to get other interfaith partnerships involved in similar efforts.

Afghan arrivals are not the only ones receiving a warm reception. With the help of some heroic community and faith groups — many of which are part of the Migrant Solidarity Mutual Aid Network — our area has mobilized quickly to welcome the migrants being bused here from the southern border. These tremendous efforts have demonstrated, yet again, the area’s commitment to extending welcome and hospitality to those in need.

As with the public-private, multisector approach used in Afghan and other refugee resettlements, we need all hands on deck to welcome new arrivals to the area. We need as many available resources as possible, including the support of local, state and federal governments, faith groups, nonprofit organizations and community volunteers.

It is heartening to see D.C. Mayor Muriel E. Bowser (D) now stepping up to the challenge and opportunity posed by the arriving migrants. On Thursday, she announced the establishment of an Office of Migrant Services, with an initial allocation of $10 million, to meet the needs of the migrants who are moving elsewhere or intending to reside here. As an official “Welcoming City,” D.C. government assistance should be an essential element of the response to welcome migrants to our region — especially considering that, as a majority of the D.C. Council has told Bowser, D.C. is expected to have a surplus of around $500 million in fiscal 2022 — even though D.C. has good reason to request Federal Emergency Management Agency reimbursement to help satisfy the overriding federal responsibility over immigration matters.

But the need for private and community support for the incoming migrants remains critical for their successful integration into our community. Though my organizations’ work with the Afghan community continues, we’ve begun to provide various types of assistance to the newcomers being bused here. We are pleased to see and strongly encourage fellow faith communities and groups around the area to join us in this important work of welcome and are pleased when they do. This is an opportunity to demonstrate the best of who we are in the face of unprecedented levels of forced dislocations worldwide.

The bottom line is this: If we want to continue to live up to our values, many more of us need to step up to assist the new arrivals. And if we can meet this challenge, we will set an example for the rest of our country to follow.

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One frequent mistake is to view this situation as “an emergency” or “temporary.” That leads to “short-term thinking” — throw some money at it, energize volunteers, and “hold the fort” until the so-called “crisis” subsides.

Problem is, money runs out, volunteers burn out or get called to pitch in on other issues, and the media turns its attention elsewhere. But, refugees and asylees will continue to come. 

And, the better we treat our new arrivals, the more who will develop ties here and choose the DMV as their U.S. residence. While nativists like Abbott view this as a “crisis” and an “invasion,” I agree with Gary that it’s a great opportunity for us and these migrants. We’ve lived the DMV area for almost 50 years. Most of the growth and prosperity over that time can be linked, directly or indirectly, to recent immigrants, both with and without documents!

In many ways, the situations in other countries that drive migration are worse than at any time since the end of the Cold War. And, it’s not getting better, at least in the short run. Meanwhile, our legal refugee and asylum systems remain a shambles, despite the Biden Administration’s promise to do better than the Trump White Nationalist kakistocracy.

For example, one  of the largest, probably the largest, flow of refugees in the Western Hemisphere is from Venezuela. And, contrary to the restrictionist blather, the vast majority of the six million who have fled Venezuela are NOT in the U.S. Colombia has received at least 1.8 million, where the U.S. has fewer than 350,000. 

But, there is no immediate prospect that most Venezuelans will return or stop coming. Nor is there any chance that countries like Colombia are going to “up their share” so that the U.S. can take fewer!

Yet, the Biden Administration has failed to provide consistent, helpful, guidance on Venezuelan asylum at either DHS or DOJ. An improved and better BIA, with expert judges committed to a proper application of asylum law, should have issued appropriate precedents that could have been a basis for getting tens of thousands of grantable Venezuelan asylum cases off the endless backlogs and on the road to green cards. 

But, Garland continues to mismanage asylum law at all levels. He employs unfocused politicos, unqualified Trump-era bureaucrats, and judges who got or retained their jobs under Sessions or Barr because of their actual or perceived willingness to unlawfully deny asylum. Nor has DHS implemented any semblance of the necessary, realistic, robust overseas refugee program for Venezuela, Haiti, and the Northern Triangle! 

Mayorkas has “beefed up” the TPS program for Venezuela. But, by its own terms, that’s not a long-term solution. They extended TPS for Haitians while denying recent arrivals their legal rights to seek asylum and inexplicably returning thousands to the dangerous, failed state without any process at all. It’s a farce — but one with ugly racial overtones and a horrible message! To say that Biden’s refugee and asylum programs are screwed up would be an understatement!

Refugee flows, including asylum, are both inevitable and continuing. They are an important, beneficial, and essential component of legal immigration.

Those seeking legal refuge can be forced largely into the underground system, as Trump tried to do; largely admitted in an orderly legal fashion as progressive experts urge; or there can be a haphazard “combination of the two” which is what we have now! 

Undoubtedly, refugees and asylees are good from America. They will get jobs, make contributions, and have families of U.S. citizens. The tax base and U.S. institutions will benefit. But, that’s the “long view.” 

In the short run, migrants need food, affordable housing, orientation, and education. Kids will need more teachers with specialized skills in a time of nationwide teacher shortage and politicized demonization of educators and administrators. School populations will increase. That takes money. Taxpayers and the politicians answerable to them are notoriously focused on the now, rather than the whenever.

So, the pressing issue is how to institutionalize, regularize, and fund successful migrant resettlement. In other words, how do we get from here to there in the absence of effective government leadership, planning, and funding – often on multiple levels?

I wish I had the answers. But, I don’t. We have to hope that Gary and others like him outside the dysfunctional government structure do! Because, ready or not, migration will  continue! See, e.g., https://immigrationcourtside.com/2022/09/10/🇺🇸🗽👍🏼-immigrant-nation-teas-truth-wisdom-americans-views-on-immigrants-and-immigration-are-overwhelmingly-positive/.

Meanwhile, Texans might want to give the financial shenanigans of their corrupt, inept, so-called Governor a closer look! According to NBC, he’s spending an average of $1,400+ for each individual bussed from the border to DC. A commercial coach ticket is $200-300! https://www.nbcdfw.com/investigations/abbotts-border-buses-cost-1400-per-rider-taxpayers-could-be-stuck-with-bills/2993548/ 

Texans will have a chance to replace Abbott with a real Governor, Democrat Beto O’Rourke in November.

🇺🇸 Due Process Forever!

PWS

09-11-22

 

⚖️🗽🦸🏻‍♀️ CONGRATS TO NDPA SUPERSTAR 🌟 PROFESSOR CORI ALONSO YODER ON COVETED APPOINTMENT @ GW LAW!

Here’s the announcement from GW Law:

https://www.law.gwu.edu/10-scholars-join-gw-law-community-teach-first-year-students

Ten Scholars Join the GW Law Community to Teach First-Year Students

August 01, 2022

GW Law is excited to announce the appointment of ten new full-time faculty members to join the Fundamentals of Lawyering Program. The new FL faculty join Interim Director Iselin Gambert and Associate Director Anita Singh as full-time members of the GW Law faculty. The FL program introduces first-year students to the skills necessary for a successful transition from the classroom to the law firm, boardroom, courtroom, and the many other settings where law is practiced.

These ten professors join our experienced community of scholars to teach 1Ls the critical lawyering skills they will need in practice.

 

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Cori Alonso-Yoder

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Natalia Blinkova

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Leslie Callahan

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Katya Cronin

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Robin Juni

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Cheryl Kettler

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Brooke Ellinwood McDonough

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Robert Parrish

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Jennifer Wimsatt Pusateri

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Erika N. Pont

 

 

Why GW Law?

 

 

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Cori Alonso Yoder

Associate Professor of Fundamentals of Lawyering

“I am so pleased to be joining GW Law and its community of distinguished scholars, dedicated professionals, and accomplished students. Teaching with the Fundamentals of Lawyering Program to equip students in exploring a sense of place and purpose in the law while developing their professional skills is particularly thrilling to me.”

Learn More

 

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Natalia Blinkova

Acting Writing Center Coordinator; Associate Professor of Fundamentals of Lawyering

“As for why I chose to stay at GW — that part is easy! I love shepherding our wonderfully talented students through their 1L experience, introducing them to the critical lawyering skills they will need in practice, and helping them think through what kind of lawyers they would like to become. I also feel like I’ve found a home among the FL faculty, who are the most collaborative, forward-thinking, and supportive group of professionals I have ever encountered.”

Learn More

 

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Leslie Callahan

Associate Professor of Fundamentals of Lawyering

“I’m thrilled to join GW Law’s innovative ‘Fundamentals of Lawyering Program’ which is at the forefront of our profession in preparing students to excel in the workplace. The Fundamentals program integrates traditional research and writing skills with a broader array of skills such as client counseling, all while providing the opportunity for professional identity formation. GW Law’s program is truly unique among top law schools and I cannot wait to begin working with this extraordinary group of professionals!”

Learn More

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Katya Cronin

Associate Professor of Fundamentals of Lawyering

“GW Law’s Fundamentals of Lawyering Program is on the cutting edge of legal experiential education and I am thrilled to work side by side with its many accomplished and dedicated faculty members who share a commitment to excellence in teaching, student well-being, and rigorous and impactful scholarship.”

Learn More

 

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Robin Juni

Associate Professor of Fundamentals of Lawyering

“GW Law is a special place. I’m thrilled to be teaching Fundamentals of Lawyering, in particular, because the whole community is invested in and supportive of the groundwork we lay in FL that allows students to pursue any of the countless opportunities GW Law offers to become the lawyers they want to be.”

Learn More

 

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Cheryl A. Kettler

Associate Professor of Fundamentals of Lawyering

“I have had the pleasure of teaching at GW Law for six of the last seven years. During that time, I have worked with numerous highly talented and energetic first-year law students. Their enthusiasm for learning has made teaching here very rewarding. Moreover, GW Law has offered me opportunities to work with esteemed faculty, generous adjuncts, dedicated Dean’s Fellows, the Writing Center’s earnestly caring Writing Fellows, our various journals’ many writers, and the Inns of Court student members and advisors. Visitors at other schools are lucky if they engage with a few colleagues. Here, they are part of a larger community.

The fundamentals of lawyering are more than the name of a course at GW Law. They are ingrained in curriculum, extracurricular activity, and the culture of the law school. By bringing people together to support our first-year law students, we ensure they leave here with a network of support and the skills to face the challenges of practice.”

Learn More

 

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Brooke Ellinwood McDonough

Acting Coordinator of Scholarly Writing and Co-Coordinator of Problem Development; Associate Professor of Fundamentals of Lawyering

“For nearly thirty years, GW has been part of my life. In the ‘90s, I was an undergrad. In the ‘00s, a law student. In the ‘10s an adjunct and visiting professor. From those experiences, I have a deeply rooted appreciation for the unique contributions that the school has on its students and the larger community, and seek to carry on that tradition for the next generation as I enter my fourth decade with GW.”

Learn More

 

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Robert Parrish

Professor of Fundamentals of Lawyering

“I chose GW Law because of its Fundamentals of Lawyering program and the unique opportunity it presents to be a small part of an innovative program that has the potential to be a model for law schools across the nation.”

Learn More

 

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Jennifer Wimsatt Pusateri

Associate Professor of Fundamentals of Lawyering

“GW Law students are special. They have a grit and practicality about them that makes them a joy to teach. I’m excited to continue teaching them the skills they need to develop into successful lawyers as part of the Fundamentals of Lawyering program.”

Learn More

 

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Erika N. Pont

Interim Associate Director, Fundamentals of Lawyering Program; Coordinator of the Dean’s Fellow Program; Associate Professor of Fundamentals of Lawyering

“I joke that I “grew up” at GW Law: first as a student and Deans Fellow, then as an adjunct professor for over a decade, and finally as full-time faculty in the Fundamentals of Lawyering Program. I chose to teach at GW Law for many of the same reasons I chose to attend GW Law as a student: an unparalleled location in Washington, DC, a uniquely talented and collegial student body, and an institutional commitment to graduating “practice ready” lawyers. Joining the Fundamentals of Lawyering faculty is a dream come true. I’m grateful for the opportunity to build on GW Law’s rich foundation of professional development and experiential learning. It’s an honor to help develop and teach our 1L students this innovative curriculum that’s designed to prepare our students to serve clients, impact their community, and better their profession — and to be their healthiest happiest selves in the process.”

Learn More

 

Fundamentals of Lawyering

 

At GW Law, the Fundamentals of Lawyering Program introduces first-year students to the skills that will advance them from the classroom to the law firm, boardroom, courtroom, and the many other settings where law is practiced. The FL Program, an innovative yearlong course for 1Ls which works hand-in-hand with Inns of Court, was launched in fall of 2019. The centerpiece of the most significant reform of GW Law’s first-year curriculum in a generation, the six-credit course was designed to reflect the changing practice of law and gives graduates the essential lawyering skills employers value most.

First-year students work with a faculty drawn from law firms of all sizes, governmental agencies, and nonprofits to learn what it takes to succeed in a profession that demands the highest commitment to adherence to the rule of law and delivering justice. Our faculty members bring decades of experience building relationships with clients and meeting their needs with creativity and skill.

 

Fundamentals of Lawyering Program

Program Directors and Faculty

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Here’s Cori’s full bio from the GW Law website:

Cori Alonso-Yoder

Cori Alonso-Yoder
Title:
Associate Professor of Fundamentals of Lawyering
Address:
The George Washington University Law School
2000 H Street, NW
Washington, DC 20052

Ana Corina “Cori” Alonso-Yoder is an Associate Professor in the Fundamentals of Lawyering. Prior to joining the GW Law faculty, professor Alonso-Yoder was a visiting assistant professor at Howard University School of Law. She has also instructed students on lawyering skills in the Immigrant Justice Clinic at American University Washington College and as the former director of the Federal Legislation Clinic at Georgetown University Law Center.

Professor Alonso-Yoder is a nationally recognized scholar on immigration legislation and the impacts of state, local, and federal laws on immigrant communities. As an expert in health policy for immigrants, she has lectured in interdisciplinary settings including at the Pediatric Academic Society, Georgetown University School of Medicine, the George Washington University School of Medicine & Health Sciences, and the Interdisciplinary Association for Population Health Sciences. Professor Alonso-Yoder’s commentary on immigrants’ rights has been featured by ABC News, The Hill, Law360, and the Washington Post, among others. She also regularly comments on Supreme Court decisions that affect the statutory and constitutional rights of noncitizens for the George Washington Law Review online. Her legal scholarship has been published or is forthcoming in Denver Law Review, American University Legislation and Policy Brief, and Rutgers Law Review. 

In her public interest legal practice, Professor Alonso-Yoder has worked on a variety of equal justice issues, with a special emphasis on advocacy for LGBT and HIV-positive immigrants. Prior to teaching, Professor Alonso-Yoder was the supervising attorney at Whitman-Walker Health, the country’s longest serving medical-legal partnership. Early in her legal career, Professor Alonso-Yoder represented low-income immigrants in family law and immigration matters at Ayuda. While there, she established an innovative project to meet the civil legal needs of notario fraud victims and coordinated with local stakeholders to enact legislation to protect consumers. In her work to promote immigrants’ rights, she has collaborated on transnational labor policy and worker outreach in central Mexico, provided legal orientation and advice and counsel to inmates in U.S. immigration detention facilities, and served as an assistant to the chair of the United Nations Committee Against Torture in Geneva. Her service to the Latino community has been recognized with the Hispanic Law Conference’s 2020 Edward Bou Award and the DC Courts’ 2016 Legal Community Award. She is actively involved in board service with the immigrant advocacy organizations La Clínica del Pueblo and Centro de los Derechos del Migrante.  

Professor Alonso-Yoder holds an AB magna cum laude from Georgetown University and a JD cum laude from American University Washington College of Law, where she was awarded a full-tuition public interest merit scholarship. Born in Mexico, she grew up in Denver, Colorado and speaks English, French, and Spanish.

Education

AB, Georgetown University; JD, American University Washington College of Law

Congrats, Cori, my friend! What a great use of your skills as a practical scholar and nonprofit law “guru.” And, what a great step for GW to focus first-year students on the practical skills needed to practice law (and lead a successful life) and the many, diverse, critically important opportunities for improving our nation and defending and advancing our democracy that effective, ethical, values-based lawyering presents!

Values like fairness, scholarship, timeliness, respect, and teamwork should be at the core of legal education! Cori and the other “practical scholars” described above are the embodiment of those values!

I have suggested that a legal education system that turned out some of the grossly dishonest and unethical lawyers behind Trump’s “big lie” and cowardly far-right politicos who advocate for the destruction of democracy and for “the new Jim Crow” needs to take a hard internal look — particularly in the area of legal ethics. Exposing students to those like Cori who used their skills to interact with and help some of the most vulnerable in society — and thereby to improve rather than undermine our nation — is a significant step toward “values-based” legal education.

It’s also important that a versatile immigration and human rights practical scholar like Cori be part of this innovative, forward-looking approach to legal education.

🇺🇸 Due Process Forever!

PWS

08-18-22

⚖️🗽NDPA: CAIR COALITION RIPS MAYOR BOWSER’S CALL FOR NATIONAL GUARD — Humanitarian Situations Require Sensible Government Support, Not Mindless Militarization!

Adina Appelbaum
Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
PHOTO: “30 Under 30” from Forbes

https://www.facebook.com/CAIRCoalitionDC

Capital Area Immigrants’ Rights Coalition – CAIR Coalition

July 29 at 8:00 PM

 

·

Shared with Public

Last week, Mayor Bowser made a request for National Guard troops to be deployed to DC to help with the thousands of migrants arriving on charter buses from Texas and Arizona.

CAIR Coalition condemns this militarized response and calls for our government leaders to support and listen to the local groups that have consistently done the work on the ground to support the immigrant community in DC. There are other alternatives like providing additional funding to community groups to help with temporary lodging and other basic needs.

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Bowser’s semi-nonsensical “emergency request” seems to be nothing more than a “cheap publicity stunt” at the expense of vulnerable asylum applicants and those in the community who are assisting them! And, it worked! She got lots of “play” in the news media.

But, just how would the National Guard actually assist in this largely “manufactured” and unnecessary humanitarian “crisis?” 

Will they be transporting migrants from DC to their final destinations? Helping them find lawyers? Explaining their reporting obligations to DHS and EOIR? Finding them shelter in the area? Providing meals and caring for children? 

Gimmie a break! Misusing the National Guard like this would also make them less available for real crises where they could help — like the flooding disaster in Kentucky!

What’s needed, as pointed out by CAIR, is sensible supplemental funding for community organizations and others who have been helping migrants resettle and process their cases. Also, shame on the Biden Administration for not getting “ahead of the curve” to provide Federal Government support to counter this entirely predictable and wholly avoidable publicity stunt created by Texas’s White Nationalist, scofflaw Governor Greg Abbott and mindlessly advanced by Mayor Browser’s misguided request!

🇺🇸 Due Process Forever!

PWS

08-02-22

🗽😎👍🏼🇺🇸ASYLUMWORKS ANNOUNCES WAITLIST CAMPAIGN: “It’s so easy to feel overwhelmed and helpless when the world is full of bad news. But right here, in our own backyard, we can make a difference for thousands of people who are working to rebuild their lives.“ — YES, WE CAN MAKE A DIFFERENCE IN THE LIVES OF OTHERS!😎

 

AsylumWorks

2w

Announcing Waitlist Zero! 📣 👏

AsylumWorks has been growing at a rapid pace to meet the growing demand for our services – if you’ve seen the news in recent months, you’ll know why. The ongoing conflict in Afghanistan, the devastating war in Ukraine, and the humanitarian crises at the Southern border have brought an influx of innocent people seeking safety to our region. They join the over 50,000 asylum seekers already living in Washington D.C. Metro regions fleeing violence and persecution in their own countries.

As the need grows, our client waitlist grows, too. For those individuals and families, the vast majority of whom do not qualify for resettlement services, a waitlist is a place full of uncertainty, a place where basic needs are not easily met – if they’re met at all.

To address our waitlist of 150+ people, we’re launching Waitlist Zero: From Surviving to Thriving. Our goal is to raise $50,000 over the next four weeks to help significantly reduce the length of time our clients spend on the waitlist to receive Asylum Works’ services and support.

Over the next four weeks, we’ll be sharing storiesj – stories of our clients’ experiences both on and off the waitlist; stories of their journey to AsylumWorks; stories of success. Each and every one of these stories you’ll read were made possible only through your support.

It’s so easy to feel overwhelmed and helpless when the world is full of bad news. But right here, in our own backyard, we can make a difference for thousands of people who are working to rebuild their lives. Waitlist Zero’s intent is to move these people from a place of basic survival to a place where they can grow, where they have access to our vast network of partners and resources, where they can start their second chance.

A place where they can thrive.

👉 Ready to help? Here’s how: Share this message on your page or donate directly to our campaign!

bit.ly/WaitlistZeroAW

#asylumseekers #donate #asylum #WaitlistZeroAW #afghanistancrisis #ukrainewar #refugeeswelcome

 

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Joan Hodges Wu
Joan Hodges Wu
Founder & Executive Director
AsylumWorks

Thanks, Joan, my good friend, for all that you and your multi-talented team do for humanity over at AsylumWorks!

A contribution to AsylumWorks Waitlist Zero would be a great way to celebrate “Flag Day” by showing what really makes America great! DO IT AT THE ABVOVE LINK!

🇺🇸Due Process Forever!

PWS

JULIA EDWARDS AINSLEY @ NBC NEWS REPORTS ON ADMINISTRATION’S “SECRET” PLAN TO RELOCATE ASYLUM SEEKERS!

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC News Correspondent

Here’s Julia’s video report from NBC Nightly News:

https://www.nbcnews.com/nightly-news/video/biden-administration-plans-to-bus-migrants-to-shelters-deeper-in-the-u-s-141815877904

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OBSERVATION: The Biden Administration has been in office for 17 months. During that time the could have established a realistic, robust refugee program, working with UNHCR and NGOs, to screen and process those waiting in Mexico.

Those who qualified would be admitted in legal status, with permanent work authorization, on their way to green cards and eventual citizenship. No CBP, no Asylum Office Backlogs, no backlogged Immigration Courts, no arbitrary, capricious, wildly inconsistent decisions from EOIR and the 5th Circuit, no expensive and inhumane detention, no ankle bracelets. Those legally admitted would also be eligible immediately for refugee resettlement assistance! America is something like 11 million workers “short” — the answer is staring us in the face! See, e.g., https://www.newsweek.com/us-hits-cap-temporary-work-visas-employers-seek-11-million-workers-1713948

Instead, we get secrecy, fumbling, bumbling, and more “
”gimmicks” guaranteed to stir up litigation and controversy without solving problems, facing reality, and harnessing the great power of human migration.

Also, why on earth would the Administration relocate migrants to Texas — a move guaranteed to generate more racist posturing and pushback from Abbott? Why not work with states, localities, NGOs, religious, and legal aid groups in many localities prepared to welcome immigrants and where their skills could be used in the job market?

It’s also worth noting that the so-called “record numbers” at the border often count the same person over and over — a phenomenon aggravated by arbitrary use of Title 42 to return many individuals without proper legal screening. 

🇺🇸Due Process Forever!

PWS

06-09-22

⚖️ THE GIBSON REPORT — 06-06-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — Racist GOP Policies, Biased Judges Can’t Stem Refugee Flow; Surprise (Not): Foreign Corruption Hinders Biden/Harris Plan For Improving Conditions in “Sending” Countries; ICE PD Program Can’t Solve Garland’s Failure To Make Necessary, Progressive, Common-Sense Reforms @ His Hopelessly Backlogged & Disturbingly Dysfunctional EOIR, Among “Headliners!”

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

 

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Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

NEWS

 

CBP Completes Expansion of Facial Recognition at All US Airports

CBP: U.S. Customs and Border Protection (CBP) announced today it has completed the expansion of biometric facial comparison technology at all international airports across the United States to further secure and streamline international travel. This innovation effort is a critical milestone for the biometric Entry/Exit program and complements biometric boarding, which is currently at select departure locations.

 

ICE Urged To Probe ‘Inadequate’ Detainee Mental Health Care

Law360: An advocacy group and a trio of formerly detained migrants asked the U.S. Department of Homeland Security’s civil rights office on Thursday to investigate “system-wide abuses and deficiencies” in mental health care provided to those in U.S. Immigration and Customs Enforcement custody.

 

Up to 15,000 may join largest ever migrant caravan to walk through Mexico to US

Guardian: The largest number of migrants in the caravan come from Venezuela, Cuba and Nicaragua – three countries whose authoritarian rulers Joe Biden has conspicuously refused to invite to the summit. But there are also Haitians, Salvadorans, Hondurans, Guatemalans and even citizens of India, Bangladesh, and several African countries.

 

Immigrants are suing the U.S. government over delays in citizenship process

NPR: We wanted to know more about what’s going on here, so we called Kate Melloy Goettel. She is the legal director of litigation at the American Immigration Council.

 

U.S. in talks with Spain, Canada about taking more refugees -sources

Reuters: The Biden administration is in talks with Spain and Canada about taking more Western Hemisphere refugees for resettlement, people familiar with the matter said on Wednesday, signaling possible commitments that could be announced at next week’s Summit of the Americas.

 

Analysis: Corruption in Central America frustrates U.S. plan to tackle migration ‘root causes’

Reuters: More than a year into U.S. President Joe Biden’s sweeping effort to tackle the “root causes” of migration with aid to Central America, projects likely worth millions of dollars have been canceled or put on hold due to corruption and governance concerns, U.S. officials and others tracking the issue said. See also Harris’ tough task addressing migration to the southern border not getting any easier one year later.

 

GOP lawsuit halts most migration from Mexico. Yet, desperate people continue to cross

NPR: People seeking asylum are still crossing and at least one shelter for them in Arizona is seeing record numbers. Seventy miles to the north of Nogales, the Casa Alitas Welcome Center in Tucson is taking in 375 people in a day, just a few days after the judge kept the closures in place at official southern ports of entry. See also How Asylum Seekers Cross the Border.

 

They Fled Danger for New York. When Will Their New Lives Start?

NYT: While countries like Germany and Canada have streamlined programs for asylum seekers and refugees — offering housing, food, work authorization and a monthly stipend to asylum seekers — the United States has strengthened enforcement at the border, while processing times for asylum applications have increased from weeks to months to years.

 

ICE Prosecution Revamp Unlikely To Clear Court Backlogs

Law360: Recent guidance instructing U.S. Immigration and Customs Enforcement to drop nonpriority cases has brought welcome relief to some migrants, but the new policy seems unlikely to put a significant dent in immigration court backlogs.

 

Consulates Don’t Trust DOL, DHS Visa Vetting, Cato Says

Law360: U.S. consulates deny a majority of employer-sponsored visas for individuals hoping to obtain green cards, pointing to a lack of trust by the U.S. Department of State in its counterparts at Homeland Security and Labor, according to libertarian think tank The Cato Institute.

 

Passage of Court Notification Bill

IDP: New York’s legislation follows the example of 15 other states that provide a remedy when notification is not given, which will help prevent unlawful deportation based on unfair and unknowing pleas.

 

These cell phones can’t make calls or access the internet. ICE is using them to track migrants

CNN: It’s not clear how many migrants have been loaned phones as part of the program. ICE hasn’t released that data in its regular public updates about the program, and the agency didn’t respond to CNN’s questions about it. But lawyers and advocates who work with migrants told CNN the government-issued phones — which can only be used with the SmartLINK app and can’t make calls or access the internet — are becoming increasingly common.

 

LITIGATION & AGENCY UPDATES

 

CA5 on Unable/Unwilling to Protect

Justia: The Fifth Circuit denied Petitioner’s petition, citing the efforts of the Haitian government following the attacks against Petitioner. Based on the government’s response, Petitioner could not show that the Haitian government was unable or unwilling to protect him.

 

Unpub. CA5 Credibility Remand: Yahm v. Garland

LexisNexis: Because Yahm offered nontestimonial evidence of country conditions in Cameroon, the BIA erred by not considering it in the context of his CAT claim and instead treating Yahm’s lack of credibility as dispositive.

 

9th Circ. Upholds Class Cert. In ICE Forced Labor Suit

Law360: A Ninth Circuit panel on Friday upheld three class certifications in an action brought by immigrant detainees who said they were forced to work against their will and without adequate pay while in private U.S. Immigration and Customs Enforcement-contracted detention facilities.

 

SPLC’s Right-To-Counsel Claim For Immigrants Is Tossed

Law360: A D.C. federal judge tossed the Southern Poverty Law Center’s claim that confinement conditions at Immigration and Customs Enforcement facilities impeded its clients’ access to attorneys, saying the issue arose from immigration removal proceedings the district court could not hear.

 

Demanding Civil Rights Investigation Into Inadequate Mental Health Care And Abusive Solitary Confinement Practices In ICE Detention

NIJC: The National Immigrant Justice Center (NIJC) and three people previously detained at different U.S. immigrant detention centers filed a federal civil rights complaint today demanding a system-wide investigation into Immigration and Customs Enforcement (ICE) failures to provide adequate mental health care for people in its custody and its abusive use of solitary confinement. Included with the complaint are declarations from three physicians with extensive experience working with individuals in ICE custody and documenting their conditions.

 

ACLU Says States Have Power Over Immigrant Detainee Pay

Law360: The federal government’s immigration powers don’t supersede a state’s power to enforce wage laws, the American Civil Liberties Union said when asking the Ninth Circuit to affirm that a private prison owes immigrant detainees $23.2 million in back pay.

 

J.O.P. v. DHS: and Call for Information

NIPNLG: J.O.P. class counsel encourages practitioners to reach out promptly if you represent a J.O.P. class member who: (1) is facing an upcoming asylum merits hearing in immigration court; (2) has a pending BIA appeal of an asylum merits denial in immigration court; or (3) has a pending petition for review of an EOIR asylum merits denial in a U.S. court of appeals. Please contact Wendy Wylegala (wwylegala@supportkind.org) and Michelle Mendez (michelle@nipnlg.org) if you have a client in one of these situations.

 

CBP Issues Guidance on Processing of Noncitizens Manifesting Fear of Expulsion Under Title 42

AILA: CBP issued a memo that clarifies previous guidance implementing the CDC Order to ensure that it is consistent with Huisha Huisha v. Mayorkas decision, which found that the government may expel family units but only to places where they are “not likely to be persecuted or tortured.” See also CBP Clarifies Guidance Regarding Expulsion of Family Units Under Title 42.

 

USCIS Updates Public Charge Resources Webpage

AILA: USCIS updated its public charge resources webpage. The updates clarify that relatively few noncitizens are both subject to the public charge ground of inadmissibility and eligible for public benefits under the 1999 Interim Field Guidance. An updated question-and-answer section is also available.

 

USCIS Issues Guidance on Parole Requests in Response to the Shooting in Uvalde, Texas

AILA: Per USCIS, those seeking parole into the United States to attend a funeral or provide emergency assistance to a family member affected by the shooting at Robb Elementary School in Uvalde, Texas, can request urgent humanitarian or significant public benefit parole by filing Form I-131.

 

DHS Announces Registration Process for Temporary Protected Status for Cameroon

USCIS: The Department of Homeland Security posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Cameroon.

 

RESOURCES

 

NIJC RESOURCES

 

GENERAL RESOURCES

 

EVENTS

NIJC EVENTS

 

GENERAL EVENTS

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

A key quote from the NPR report (Liz’s “Item 6” under “news”):

Shelter staff says what’s being left out of the bitter partisan immigration battles in Congress is the fact that so many people are fleeing dangerous situations right now, as violence and global instability has risen, especially in Latin America during the pandemic.

So, as more and more legitimate claims for protection arise abroad (completely contrary to nativist myths and also some of the Biden Administration’s blather), the U.S. continues to defy its own laws and international agreements, while using poor interpretations of law and “holdover” adjudicators to artificially “force down” asylum grants to dishonestly low levels. Meanwhile, refugee programs, which, if properly robust and competently administered, could alleviate both the need for journeys to the U.S. border and the danger that can involve, continue to languish — as if nobody in the Biden Administration has ever read the Refugee Act of 1980!  

At the same time, there are jobs in our economy that asylum seekers could fill that would help everyone. Talk about dumb policies driven by fear, hate, and resentment!

“Gimmicks,” mindless “deterrents,” and false “silver bullet solutions” don’t cut it! They just waste money, deprive our nation of credibility, destroy lives, and increase human suffering.

No surprise:  The Round Table, NAIJ, AILA, CGRS, HRF, HRW, ACLU, and many other experts have been “spot on” in their assessment of what it will take to restore order to the border, due process and fundamental fairness to the Immigration Courts (and also the failing Article III Federal Courts), and rational self-interest to immigration, human rights, and civil rights policies.

The GOP nativists and the Biden Administration — not so much. 

🇺🇸Due Process Forever!

PWS

06-07-22 

🗽NDPA CAREER OPPORTUNITY: Torture Abolition and Survivors Support Coalition (TASSC) Seeks Executive Director!

 

https://www.tassc.org/careers

EXECUTIVE DIRECTOR

FULL-TIME; REPORTS TO BOARD OF DIRECTORS

TASSC seeks a visionary team leader to serve as its new Executive Director.  TASSC is the only organization founded by and for torture survivors.  We seek someone who has experience with this community, professional skills in non-profit management and direct service delivery, a trauma informed approach to working with clients and advocacy experience.

Responsible to the Board of Directors, the Executive Director operates with a growing annual budget (now at 1.2 million) to oversee personnel, projects and other operations of the organization.  The ED bears ultimate responsibility for the smooth functioning of the organization and the effective implementation of TASSC’s policy and goals including those related to programs, fundraising, public relations and networking.

TASSC seeks an executive director with qualities that reflect:

  • A commitment to the mission of TASSC;
  • Communication skills that enthusiastically embrace working with multicultural and multinational staff, survivors, donors and board members;
  • Examples of leadership through a process of consensus building;
  • Ability to understand and promote human rights of survivors of torture;
  • Commitment to working in coalition with others to prevent torture and support survivors.

Specific responsibilities include:

LEADERSHIP

  • Consults with the board to set overall TASSC strategic direction and  policies and to identify short and long term opportunities;
  • Facilitates the setting of TASSC’s annual objectives, develops and implements work plans to address priorities, and reports progress regularly to the Board of Directors;
  • Advocates for the prevention of torture and for reparations and human rights of those who have survived torture;
  • Motivates employees and the ability of the organization to attract and retain talent.

 

MANAGEMENT

  • Establishes goals and priorities with staff and ensures effective implementation;
  • Evaluates needs of survivors and how TASSC programs meet them, using results of evaluation to build strategic direction and improvement;
  • Provides outstanding management and supports staff development and motivation;
  • Ensures prudent financial management and practice within the organization, ensuring that expenditures do not exceed the overall financial resources;
  • Communicates necessary financial information to the Board and others on a timely and regular basis;
  • Collaborates with the board to develop short and long term policies that support the organization and the staff;
  • Works with Board members to produce and implement a short- and long-term fundraising plan to secure resources necessary to achieve organizational goals.

 

ADVOCACY & COMMUNITY BUILDING

  • Represent TASSC and its mission to outside audiences and advocates and promotes the organization and its core mission;
  • Promote well being of survivors, staff and community through trauma informed approach:
  • Actively manage membership recruitment and relations, ensuring communication with survivors during and after their time with TASSC;
  • Build relationships with key agency personnel and advocates to provide various services to torture survivors (i.e. social, mental health, legal, etc.)
  • Formulate action campaign strategies, including alerts to members and supporters;
  • Build and nurture relationships with key members of Congress, NGOs and media contacts to promote TASSC’s mission;
  • Maintain a working knowledge of related issues to torture, legislation, impunity, services, etc.

 

FUNDRAISING

  • Lead and implement strategies to meet fundraising goals;
  • In coordination with grant writers, oversee all grant projects and proposals;
  • Ensure timely direct mail appeal mailings;
  • Cultivation and stewardship of major donors and potential donors;
  • Maintain relationship with grant making bodies

 

BOARD RELATIONS

  • Work in partnership with the board to ensure operations comport with TASSC values and strategic direction
  • Keep the Board fully informed on the organization and all important factors influencing it;
  • Work with the Board Chair on focusing Board meetings on topics of highest priority that need Board attention and involvement;
  • Provide Board members with appropriate information on the budget and other matters needed to support informed decision making and effective governance;
  • Work closely with the board chair to guide and motivate board members;
  • Serve as an advocate before the Board to present staff needs and concerns and to work with the board to meet staff needs;
  • Assist in the selection and evaluation of Board members;
  • Provide updates on programs and finances prior to each board meeting;
  • Advise the Board, and formulates policies and planning recommendations to the Board;
  • Engage Board members collectively and individually, in understanding and making sense of the organization’s environment, challenges, and potential.

 

PUBLIC RELATIONS

  • Serve as the primary spokesperson and public face for TASSC;
  • Establish and maintain positive relationships with individuals and groups that affect the success of the organization;
  • Serve, with the Board and other Executive staff, as liaison to foundation, government, corporate, and individual donors;
  • Prepare press releases, op-ed pieces, and the like;
  • Work with Internal Operations staff to ensure consistency in publications, mailings, and website.

 

QUALIFICATIONS

The ideal candidate will have a minimum of 3-5 years progressive leadership experience in administration fundraising and management, preferably in a regional or national non-profit organization—previous experience as an Executive Director is a plus. Strong candidates will have a proven record of the following qualities:

  • Personal commitment to the mission and goals of TASSC and an ability to inspire this in others;
  • Experience as a, or with, torture survivor(s) is strongly preferred;
  • Combination of education and experience in non-profit management;
  • 5 years minimum of progressively responsible positions in complex organizations;
  • Evidence of the ability to balance creative thinking, strategic planning, and tactical execution;
  • Commitment to trauma informed approaches that promote well being of survivors, staff and community
  • Demonstrated ability to collaborate effectively with senior management teams, Board members, staff, donors, prospective donors, and other key stakeholders;
  • Strong financial and budgetary knowledge and skills;
  • Development and fundraising knowledge and/or experience;
  • Experience planning for, leading, or participating in a fundraising campaign is preferable;
  • Exceptional communication skills, including listening, writing, and public speaking skills, with the ability to deliver compelling presentations to internal and external audiences;
  • Ability to anticipate opportunities and to act quickly and resourcefully to take advantage of them;
  • Ability to prioritize and manage time effectively;
  • Collaborative management style working with staff and volunteers;
  • Knowledge of grass roots and direct action organizing;
  • Good judgment and integrity necessary to serve as an internal role model and brand ambassador.

 

Potential Start Date:  July 2022

 

WORK ENVIRONMENT AND PHYSICAL DEMANDS

Essential functions are typically performed in an office setting. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

 

Disclaimer:  This job description is only a summary of the typical functions of the job.  It is not an exhaustive or comprehensive list of all possible job responsibilities, tasks and duties.  The responsibilities, tasks, and duties of the jobholder may differ from those outlined in the job description and that other duties, as assigned, may be part of the job. TASSC International may add, change, or remove essential and other duties at any time.

 

HOW TO APPLY

Submit statement of interest and statement of personal qualifications, résumé, and 2 letters of recommendation to info@tassc.org. In the subject line of the email application please post the following:  LAST NAME FIRST NAME ED APPLICATION.  For example:  DOE JANE ED APPLICATION

 

TASSC International is an equal opportunity employer; people of color and individuals from diverse backgrounds are encouraged to apply. TASSC does not discriminate on the basis of race, color, national origin, ethnic background, religion, political orientation, genetic information, sex, gender identity, sexual orientation, age, or disability.

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Many thanks to Deb Sanders for bringing this to my attention!

🇺🇸 Due Process Forever!

PWS

06-05-22

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

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

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

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

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

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

🇺🇸Due Process Forever!

PWS

04-19-22

 

KATHARINA OBSER IN WASHPOST: “Opinion: Ending Title 42 is the right and legal thing for the United States” — Is the “Last Train to Clarksville” 🚂 Leaving The Station With Nobody At The Throttle?

Katharina Obser
Katharina Obser
Director of Migrants Rights and Justice
Women’s Refugee Commission
PHOTO: Women’s Refugee Commission website

Yesterday at 2:08 p.m. EDT

An unfinished area of the border wall between the United States and Mexico near Sasabe, Ariz., on Jan. 23. (Salwan Georges/The Washington Post)

With respect, it was breathtaking how much Marc A. Thiessen’s April 13 op-ed, “Biden to turn border crisis into a total catastrophe,” mistook Trump-era “public health” policy for border security, conflated families fleeing for their lives with fentanyl crossing the U.S. border and carelessly suggested that returning to normal asylum processing means Wild West open borders.

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ArrowRight

Seeking asylum is a right guaranteed under U.S. and international law. Ending Title 42 — a policy that weaponizes public health law to shut down the U.S. asylum system, which has been long decried by public health experts — simply means that people fleeing danger can once again exercise their right to apply for protection. It is policies such as Title 42, rather than the act of seeking asylum itself, that cause harm and catastrophe at our border. Title 42 has artificially inflated apprehension numbers because those expelled are left with no choice but to try again and again to seek safety.

Let’s remember that Poland, a country smaller than the state of New Mexico, just took in 2 million refugees in one month. The United States can certainly ensure a fair and orderly asylum system to welcome people with dignity. It’s the right — and legal — thing to do.

Katharina Obser, Washington

The writer is director of the Migrant Rights and Justice program at the Women’s Refugee Commission.

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Thiessen is chronically wrong, misinformed, and misleading. He’s a righty shill. Why the Post finds it necessary to insult its readers by publishing him is beyond me. But, he’s not the problem here! Merely a “toxic symptom.”

The problem is lack of resolve, planning, and commitment to human rights and the legal rights of refugees and asylum seekers within the Biden Administration and by some misguided Dem politicos. The Administration should be screening, organizing, and “pre-processing” asylum claims in Mexico RIGHT NOW, TODAY, so that there is an orderly, timely process in place BEFORE May 23. An “army” of Asylum Officers and NGO volunteers should be working together NOW to determine what easily grantable applications can be moved to the front of the line and actually granted on May 28 when new regulations go into effect.

From what I’ve read and heard, this isn’t happening. The Administration isn’t taking the necessary and available steps to make the system work at ports of entry and to use that success to establish the system’s credibility among asylum seekers and thereby discourage and “dis-incentivize” dangerous and problematic unauthorized entries between ports of entry. 

The best way of “shutting down the Abbotts and the Thiessens of the world” is to get a functioning legal system back in place at the border using available legal tools and new regulations to insure that those entitled to asylum are promptly and favorably processed and admitted and that those not entitled to admission or protection are expeditiously returned. 

It can be done! But, NOT the dilatory and confused way the Biden Administration appears to be going about it!

Also, a credible system that provides practical precedents and “real life examples” about who does and who does not qualify for asylum would help combat the misinformation about our legal system spread by smugglers, nativists like Thiessen, and disgracefully, some Dems. 

That, in turn, should help individuals in countries in crisis to make better, more informed decisions about whether to seek asylum in the U.S. Also, the Biden Administration needs a robust, realistic refugee program for Latin America and the Caribbean. That would make it unnecessary for those who are refugees to come to the border to apply for asylum.

Katharina, you need to pick up the phone, call your contacts in the Biden Administration, and get them off their tails and laser-focused on solving the problems, before it is too late, rather than “wandering in the wilderness.” Sadly, Thiessen isn’t the only one talking nonsense and spreading misinformation! 

Supposedly responsible officials in the Biden Administration, those who have disgracefully dragged their collective feet on lifting the Title 42 charade, restoring the rule of law to asylum, and long overdue due process reforms of the Immigration Courts, are “channeling Thiessen.” That’s as idiotic and counterproductive as it is immoral. It’s also “bad politics” — even if some Dems are too blind and scared to admit it!

Inexcusably, the experts who understand what’s happening at the border, the disastrous human effects, and who have the skills and visionary thinking essential to restore the rule of law at the border are largely “on the outside looking in.” But, Katharina, if you and other leaders of the NGO community can’t get the Biden Administration out of their “perma-funk” and focused on pulling out all the stops to fix the asylum system by May 23, their “planned failure” will become your never-ending problem. Worst of all, vulnerable, innocent humans, who want only to be treated fairly and in accordance with law, will continue to suffer unspeakable fates at the hands of our Government’s ineptitude!

🇺🇸Due Process Forever!

PWS

04-18-22

🗽BIDEN ADMINISTRATION GRANTS TPS TO CAMEROONIANS — A Modest Step Forward! — It Also Illustrates The Horrible Illegality & Immorality Of The Biden Administration’s Continuing Use Of “Title 42” Against Non-White Refugees At Our Border!🏴‍☠️☠️🤮👎🏽

 

https://www.dhs.gov/news/2022/04/15/secretary-mayorkas-designates-cameroon-temporary-protected-status-18-months

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

Release Date: April 15, 2022

WASHINGTON— Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.

“The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary Alejandro N. Mayorkas. “Cameroonian nationals currently residing in the U.S. who cannot safely return due to the extreme violence perpetrated by government forces and armed separatists, and a rise in attacks led by Boko Haram, will be able to remain and work in the United States until conditions in their home country improve.”

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely. The conditions result from the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a humanitarian crisis. Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.

This marks the first time the Secretary of DHS will permit qualifying nationals of Cameroon to remain temporarily in the United States pursuant to a TPS designation of that country. Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022 will not be eligible for TPS. Cameroon’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

###

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According to TRAC, there were 3,191 pending Cameroonian cases in Immigration Court as of March 22, 2022. https://trac.syr.edu/phptools/immigration/court_backlog/. On the basis of my experience, I would guess that most of these are in the mid-Atlantic region. 

Cameroonian asylum cases were a “staple” in Arlington over my 13 years on the bench ending on June 30, 2016. For example, in FY 2012, they were approximately 9% of my asylum docket, although that number dwindled between then and my retirement.

According to EOIR’s first quarter FY 2022 stats, the asylum grant rate for Cameroon is about 60%, and the denial rate is only 6%. https://www.justice.gov/eoir/page/file/1107366/download

The other 1/3 of cases are disposed of in “other” ways. This indicates that with TPS as a tool, almost all of the pending Cameroonian cases at EOIR could be resolved in short order without diminishing anyone’s rights.

That’s a “drop in the bucket” on a 1.8 million case backlog. But, it does suggest that better docket management tools, ones that comply with due process, are available to Immigration Judges and could be built upon for the future with more visionary and due-process-focused leadership at EOIR and DOJ.

Sadly, this profile also confirms that the Biden Administration’s illegal use of Title 42 to return Cameroonians to harm’s way without an opportunity to apply for asylum has been exactly the race-based, grotesque violation of asylum laws, human rights, and human dignity that critics have asserted.

It also graphically demonstrates why real Democrats, core progressive supporters who put Biden and company in office, must aggressively stand up against the disgraceful agitation by a minority of Dem legislators and uninformed, amoral politicos within the Administration to retain the already totally unjustifiable Title 42 blockade!

Continuing violation of domestic and international law through use of Title 42 is NOT, I repeat NOT, an option! Yes, the Administration needs to get a plan in place for an orderly restoration of asylum processing for Cameroonians, Haitians, Latin Americans, Ukrainians, Russians, Afghans, and all  other nationalities at our Southern Border. 

Fair, humane, advance processing of those seeking asylum at the border NOW is the essential key to avoiding a mess on May 23. Pumping credibility, efficiency, humanity, and proper generosity into the asylum system at the border NOW will reduce the chances of an “immediate backlog” come May 23. 

More importantly, showing that our laws can work in a fair, humane, and efficient way will encourage individuals seeking asylum to come to legal ports of entry to apply, rather than seeking more dangerous and difficult irregular entry that does not hold out the same prospects for rapidly obtaining legal status. Why wouldn’t legitimate asylum seekers present themselves at legal ports of entry if we had a fair, functioning, transparent system for processing them? 

By eliminating the need and reducing  the motivation for legal asylum seekers to attempt irregular entries to obtain refuge, the traffic between ports of entry should be reduced even though of course not eliminated. And the “expedited removal” procedures available under current law to CBP for those apprehended without credible asylum claims while attempting unauthorized entires are perfectly adequate to quickly process removals of those with no legal claim to be here!   

Assuming that all or most asylum seekers will attempt unauthorized entries between legal ports will become a dangerous “self-fulfilling prophecy.” Yet, to the extent that the Biden Administration has a plan, it appears to be driven by the misguided notion that all the “action” will be at unauthorized crossing points. See, e.g., https://immigrationimpact.com/2022/04/12/what-is-bidens-plan-to-end-title-42/ (a sad commentary on wobbly, uninformed, unprincipled, pedestrian, un-creative thinking about an important solvable problem if I’ve ever seen one). 

That’s only going to happen if the Administration continues to ignore the pressing need for immediate steps to establish the credibility of the asylum system at ports of entry. 

The Administration went to considerable trouble to establish a “new” regulatory framework for processing asylum claims at the border (which becomes effective on May 28). I was one of those who pointed out serious flaws in the new system adopted. 

One of the main defects is that for integrity, legal guidance, and effective supervision it heavily relies on Garland’s dysfunctional, hopelessly backlogged, and still anti-asylum-tilted Immigration Courts, at least where some of the common types of asylum applications at the border, like those from Northern Triangle countries, are concerned. These “courts that aren’t really courts” have shown a disturbing lack of asylum expertise and little effective commitment to a fair and practical application of asylum laws nationwide. It’s basically still a “denial factory” — just as Sessions and Barr staffed and manipulated it to be. That has spelled disaster in the past and will continue to do so in the future unless it can be “sidestepped” by granting more cases at the border without calling on these “courts.”

There’s where the “new system” has potential to work! One key advantage of the “new system” that many of us applauded is the potential for the USCIS Asylum Office expeditiously to grant many more claims at or near the border, thus entirely avoiding the broken Immigration Courts, prolonged detention, and releasing individuals to the interior without status. 

As asylees, refugees can be admitted in a legal, work-authorized status right off the bat. Not only does that eliminate the never-ending debate about appearing for later Immigration Court hearings, but it also helps the economy and resettlement by putting individuals anxious to support themselves and their families directly into the workforce at a time when we need workers in many segments of the economy! It also avoids the current wildly inconsistent, unprincipled, and often defective asylum adjudication that now plagues Garland’s Immigration Courts, particularly in border areas and detention centers.

But, success isn’t going to happen by “magical thinking,”  operating in “Stephen Miller’s world,” repeating platitudes about border crises, and reviving the past mistakes of “enforcement/deterrence only regimes.” I call BS! A “border crisis” is what happened in Poland! We’re not even remotely close to that!

It requires the Biden Administration to get the lead out, shut down the “naysayers,” work with NGOs, and get the expertise and manpower in place NOW at ports of entry and in Mexico to achieve success on May 23! But, continuing the illegal Title 42 charade/blockade is not an option that is on the table!

🇺🇸Due Process Forever!

PWS

04-16-22

IMMIGRATION & THE ECONOMY:  RAMPELL RIPS MAGAMORON ABBOTT — Latest Racist Stunt Adds To Nation’s Economic Woes!🤮

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2022/04/14/greg-abbott-border-inspection-policy-hurt-texas-own-voters/

. . . .

Or maybe Abbott, like many other Republican politicians, simply thinks his voters are stupid.

He might presume that angry voters will see backlogged traffic, empty store shelves and struggling businesses and blame President Biden, even though this latest contribution to supply-chain woes comes courtesy of Abbott’s own policies. If that sounds far-fetched, recall that Abbott and other Republicans have tried to blame Biden for mounting covid infections and deaths, even as these same politicians have deliberately sown distrust in vaccines and undermined or outright barred efforts to increase vaccination and other covid-prevention measures.

If Abbott’s border policy is motivated by the last of these possible explanations — if he’s assuming Texans are too dense to figure out causality here — let’s hope voters will be motivated to prove him wrong.

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Read Catherine’s full article at the link.

As Catherine points out, Texas voters have a golden opportunity to show their “clown prince” 🤡  the door this fall. But, I wouldn’t count on it.

Meanwhile Abbott claims to have negotiated “security agreements” with several Mexican Governors thereby “allowing” him to “relax” his unneeded blockade. Exactly what this grandstanding means is opaque. Trucks entering the U.S. are ready checked for drugs and migrants by CBP at the border. Somehow, I doubt that Mexican authorities are going to do a better job than CBP.

Of course, the best way to deal with Abbott’s stunts is for the Biden Administration and NGOs to work together to encourage asylum seekers to present themselves in an orderly manner at legal ports of entry once the “Title 42 Blockade” is lifted. Indeed, as I’ve perviously suggested, there should be a system in place NOW to “prescreen” asylum applications in Mexico and to parole as many as possible of those whose claims pass credible fear and who can be resettled away from the border areas in advance of May 23. That would avoid long lines and confusion.

New regulations that would allow Asylum Officers to outright grant well-documented asylum cases go into effect on May 28. Surely, somebody out there in the “world of rational thinkers and doers” should be able to “leverage” this opportunity to cut through the BS and finalize grants of deserving cases without more bureaucratic red tape. Plan to show that that the new system can work. Start building the necessary credibility and confidence in orderly legal processing among asylum seekers now, rather than hoping that they all die or go away before May 23. They won’t. 

That’s just an “expanded version” of what’s already happening for Ukrainian asylum seekers at the border. But, unfortunately, I haven’t seen much hard evidence that either the Administration or the NGOs are planning for “achievable success” rather than “finger pointing failure” on May 23. The real victims here are, as usual, the migrants whose humanity and rights are routinely ignored in the politicization of the border.  

Let’s look at what has happened with another Abbott stunt mentioned by Catherine:  “Bussing” asylum seekers from the border to downtown DC and dropping them near the headquarters of Fox News, NBC News and C-SPAN. Obviously, Abbott anticipated a “Fox photo op” of bewildered folks wandering the streets, causing traffic jams, and sparking anti-immigrant protests and overreaction by local Dem officials.

But, thanks to local NGOs, the opposite has happened. Volunteers have met the arriving busses, helping those bound for other areas to make the right transportation connections and directing those bound for the DMV area to the appropriate local organizations who can assist them in orderly resettlement. 

Most of the migrants who volunteered for the busses expressed gratitude for the free transport. Few appeared to know that they were intended to be part of “Nativist Political Theater.” Both CBP and local NGOs at the Texas border worked to facilitate those seeking transportation to use the busses. 

Evidently inadvertently, in this case Abbott’s publicity stunt appears to have “morphed” into a good example of how cooperation among Federal and state authorities, NGOs in different areas, and migrants themselves can work to facilitate orderly processing of migrants once they are in the U.S. 

Who knows if this initial success will be temporary or long term. If the latter, it will be interesting to see if Abbott will continue to fund efforts to make the immigration system work rather than to showcase its anticipated failures. But, in any event, this should be a practical example for the Biden Administration of how public-private partnerships, teamwork, and cooperation can work even across party and ideological lines.

Unfortunately, to date, the Biden Administration’s wobbly approach to immigration and human rights has failed to capitalize on almost every opportunity to show the benefits of an orderly, legally compliant, and humane immigration policy. 

Will they finally get this one right? Or, as Catherine has suggested before, will this just be another in a too long line of Biden’s missed opportunities to show that the rule of law and legal immigration work for America?

🇺🇸Due Process Forever!

PWS

04-15-22

UPDATE:

RAMPELL “DUNKS” ON ABBOTT AS TEX GOV FORCED TO RESCIND IDIOTIC STUNT ORDER!

https://www.latimes.com/world-nation/story/2022-04-15/texas-repeals-immigration-order-that-caused-border-gridlock

The American Trucking Assn. called the inspections “wholly flawed, redundant and adding considerable weight on an already strained supply chain.”

This stunt, not surprisingly, turned up neither a single smuggled individual nor any drugs. They did turn up some safety violations, actually the only thing Texas officials were legally empowered to inspect for. But, safety problems have been around forever, and Abbott hasn’t given them a second thought as he misallocates state resources on a grotesque scale. See, the bogus “Operation Lone Star.”

The best way to deter human smugglers is to reopen ports of entry to asylum seekers and grant the many worthy applications out there, thereby ending years of manipulating asylum law to deny protection to legally qualified refugees.

While there of course will always be pressure on the border, the many individuals who seek only a fair chance to present their legal claims for asylum through our legal system will no longer be forced to use smugglers to gain “black market” refuge just because the Government has shirked their legal responsibilities!

That ought to make the border safer and CBP’s job at least somewhat easier.

It all depends on whether the border asylum system is credible. So far, no Administration has succeeded in pulling that off.

All have employed various degrees of bias and inhumane detention to “hold down” the number of asylum grants at the border. A legitimate legal asylum system at the border is possible, particularly if accompanied by a robust refugee program beyond the border. But, possible doesn’t mean probable!

DPF!

PWS

04-15-22

 

 

 

🇺🇸🗽⚖️👍🏾🤗 D.C. VALUES COALITION’S GREAT RESPONSE TO ABBOTT’S 🤮🏴‍☠️ LATEST RACIST STUNT: “DC welcomes all immigrants, including DACA recipients, TPS holders, refugees and asylum seekers from all nations to our area, offering them help and support.”

Adina Appelbaum
Adina Appelbaum
Director, Immigration Impact Lab
CAIR Coalition
PHOTO: “30 Under 30” from Forbes

https://www.caircoalition.org/news-clip/dc-values-coalition-statement-response-governor-abbotts-announcement

DC Values Coalition Statement in Response to Governor Abbott’s Announcement

Apr 08, 2022

On Wednesday, April 6, Governor Greg Abbott of Texas announced he will start busing immigrants to Washington, DC in response to the decision by the government to end Title 42. Title 42 is a cruel policy, which used the pandemic as an excuse to expel families and individuals from the United States under the guise of public health.

We as the DC Values Coalition condemn Governor Abbott’s announcement. We do not believe in using human beings to make political statements. Regardless of what happens next, DC welcomes all immigrants, including DACA recipients, TPS holders, refugees and asylum seekers from all nations to our area, offering them help and support.

Organizations in the DC Values Coalition will support these individuals with their needs and make sure that DC remains a place that is welcoming and safe for immigrants. We will also push to guarantee they are not detained and we will continue to advocate for ICE to exercise discretion in detention and deportation efforts.

The DC Values Coalition is a coalition of DC-based immigration legal and social service providers that seeks to defend immigrants’ rights.

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Many thanks to all concerned for this terrific response! I particularly appreciate the efforts of my friend Adina Appelbaum of CAIR Coalition, my former star student in Refugee Law & Policy at Georgetown Law, a former Arlington Immigration Court Legal Intern, and a “charter member” of the NDPA.

🇺🇸Due Process Forever!

PWS

04-08-22

 

🗽“RAPID PROCESSING” BY DHS WORKING FOR WHITE REFUGEES @ SOUTHERN BORDER! — WHY NOT ALSO FOR REFUGEES OF COLOR WHO HAVE WAITED MONTHS OR YEARS FOR JUSTICE?⚖️

 

https://www.sandiegouniontribune.com/news/border-baja-california/story/2022-04-06/cbp-ukrainians-pedwest

Roughly 2,300 Ukrainians fleeing the Russian invasion are currently waiting in Tijuana, according to the mayor’s office

BY KATE MORRISSEYALEXANDRA MENDOZA

Kate Morrissey
Kate Morrissey
Immigration & Human Rights Reporter
San Diego Union Tribune

APRIL 6, 2022 1:33 PM PT

Customs and Border Protection officials are now processing Ukrainians fleeing Russia’s invasion of their country at the San Diego-Tijuana border through a pedestrian crossing that remains closed to the general public.

The move, according to volunteers helping the Ukrainians and the Tijuana mayor’s office, is to speed up how many Ukrainians border officials can process in a day. PedWest, the pedestrian crossing at the western end of the San Ysidro Port of Entry, has been closed to general traffic for the past two years.

At around 6 a.m. Wednesday morning, a busload of Ukrainians arrived at El Chaparral plaza on the south side of the crossing. That is where a camp of hundreds of mostly Central American and Mexican asylum seekers were camped for months, waiting for the Biden administration to open processing for refugee screenings. Mexican authorities bulldozed the camp in February, and the Biden administration has said that asylum processing won’t resume until May 23, with the exception of the Ukrainians.

. . . .

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The rest of the story is at the link.

I’ve been advocating (obviously unsuccessfully) for this type of preferred processing of asylum applicants to be applied to ALL NATIONALITIES, regardless of race or ethnicity, in advance of the May 23 date for the end of the Title 42 charade. https://immigrationcourtside.com/2022/04/02/%f0%9f%97%bd%e2%9a%96%ef%b8%8f-cdc-announces-end-of-covid-bar-but-only-7-weeks-from-now-compare-what-dhs-should-have-said-with-what-they-did-say-with-51/

DHS, with the assistance of NGOs, UNHCR, and other volunteers from the human rights community can screen those waiting over the next six weeks to insure that applicants with the strongest claims are moved to the front of the line in advance or even admitted under an “exception” (DHS seems to be able to invent these at their whim) before May 23.

That’s the way to establish an orderly, fair, and humane transition back to the rule of law at all border ports of entry!  

Additionally, because Garland has basically abdicated his duty to restructure and restaff the Immigration Courts to provide fair, positive interpretations of what asylum cases should be granted and to establish practical evidentiary and proof standards, the Asylum Office can work with the UNHCR and asylum experts to fill the gap. 

While the BIA might be intentionally short on positive asylum guidance, there are plenty of decent Circuit decisions and some unpublished IJ decisions out there that point the way toward a fair, generous, functional legal asylum system that will actually fulfill the humanitarian promise of older precedents. Cases such as the Supreme’s decision in Cardoza Fonseca; the BIA’s complimentary positive guidance in cases like Matter of Mogharrabi, Matter of Kasinga, Matter of O-Z- & I-Z-, and Matter of A-R-C-G-; and the regulations establishing a “presumption of future persecution” based on past persecution all point the way toward a much more generous, practical, and humane interpretation and application of U.S. asylum law. 

Honest interpretations of asylum law disgracefully fell into disuse as the Trump regime improperly “weaponized” the Immigration Courts against asylum seekers and attempted to replace qualified Asylum Officers with patently unqualified Border Patrol Agents. But, despite a lackadaisical performance to date, the Biden Administration still has a golden opportunity to reverse the mistakes of the past and to lead the way to a better future. Whether they will take that opportunity remains to be seen! 

🇺🇸Due Process Forever!

PWS

04-07-22