Haiti – Page 3 – immigrationcourtside.com

🏴‍☠️☠️⚰️GARLAND’S FAILURES LOOM LARGE AS EOIR’S ABUSES OF BLACK REFUGEES EMERGE! 🤮 — Biased, Thinly Qualified “Judges” Fingered In HRF Report On Wrongful Returns To Cameroon Remain On Bench Under Garland — Anti-Asylum BIA & Ineffective Leadership From Trump Era Retained By Garland In EOIR Fiasco!

Kangaroos — What fun, sending Black Cameroonian refugees back to rape, torture, and possible death! We don’t need to know much asylum law or real country conditions here at EOIR. We make it up as we go along. And, Judge Garland just lets us keep on playing “refugee roulette,” our favorite game!
https://www.flickr.com/photos/rasputin243/
Creative Commons License

https://lawprofessors.typepad.com/immigration/2022/02/deported-cameroonian-asylum-seekers-suffer-serious-harm.html

From HRF:

. . . .

Nearly all of the deported people interviewed had fled Cameroon between 2017 and 2020 for reasons linked to the crisis in the Anglophone regions. Human Rights Watch research indicates that many had credible asylum claims, but due process concerns, fact-finding inaccuracies, and other issues contributed to unfair asylum decisions. Lack of impartiality by US immigration judges – who are part of the executive branch, not the independent judiciary – appeared to play a role. Nearly all of the deported Cameroonians interviewed – 35 of 41 – were assigned to judges with asylum denial rates 10 to 30 percentage points higher than the national average.

. . . .

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

The complete report gives a totally damning account of EOIR’s incompetence, ignorance of asylum law, poor decision making, “rigged” assignment of bad judges, and systemic bias directed against asylum seekers, primarily people of color. Although human rights conditions have continued to deteriorate in Cameroon, asylum grant rates have fluctuated dramatically depending on how the political winds at DOJ are blowing.

For example, judges denying asylum because of imaginary “improved conditions” in Cameroon falls within the realm of the absurd. No asylum expert would say that conditions have improved.

Yet, in a catastrophic ethical and legal failure, there is no BIA precedent “calling out” such grotesque errors and serving notice to the judges that it is unacceptable judicial conduct! There are hardly any recent BIA published precedents on granting asylum at all — prima facie evidence of the anti-asylum culture and institutional bias in favor of DHS Enforcement that Sessions and Barr actively cultivated and encouraged!

How bad were things at EOIR? Judges who denied the most asylum cases were actually promoted to the BIA so they could spread their jaundiced views and anti-asylum bias nationwide. See, e.g., https://immigrationcourtside.com/2019/11/01/corrupted-courts-no-stranger-to-improper-politicized-hiring-directed-against-migrants-seeking-justice-the-doj-under-barr-doubles-down-on-biased-ideological-hiring-promot/

Even more outrageously, these same members of the “asylum deniers club” remain in their influential appellate positions under Garland! As inexplicable as it is inexcusable!

The HRF report details the wide range of dishonest devices used by EOIR to cut off valid asylum claims: bogus adverse credibility determinations; unreasonable corroboration requirements; claiming “no nexus” when the causal connection is obvious; failing to put the burden on the DHS in countrywide persecution involving the government or past persecution; bogus findings that the presence of relatives in the country negates persecution; ridiculous findings that severe harm doesn’t “rise to the level of persecution,” failure to listen to favorable evidence or rebuttal; ignoring the limitations on representation and inherent coercion involved in intentionally substandard and health threatening ICE detention, to name just some. While these corrupt methods of denying protection might be “business as usual” at EOIR “denial factories,” they have been condemned by human rights experts and many appellate courts. Yet Garland continues to act as if nothing were amiss in his “star chambers.”

This bench needs to be cleared of incompetence and anti-asylum bias and replaced with experts committed to due process and fair, impartial, and ethical applications of asylum principles. There was nothing stopping Sessions and Barr from “packing” the BIA and the trial courts with unqualified selections perceived to be willing and able to carry out their White Nationalist agenda! Likewise, there is nothing stopping Garland from “unpacking:” “cleaning house,” restoring competence, scholarly excellence, and “due process first” judging to his shattered system!

“It’s not rocket science, but ‘unpacking’ the Immigration Courts appears beyond Garland’s skill set!”
“Unpacking”
Photo by John Keogh
Creative Commons License

All that’s missing are the will and the guts to get the job done! Perhaps that’s not unusual for yet another Dem Administration bumbling its way through immigration policy with no guiding principles, failing to connect the dots to racial justice, betraying promises to supporters, and leaving a trail of broken human lives and bodies of the innocent in its wake. But, it’s unacceptable! Totally!

🇺🇸Due Process Forever!

PWS

02-11-22

🗽PROFESSOR GEOFFREY A. HOFFMAN @ U HOUSTON LAW REPORTS: Round Tablers ⚔️🛡Chase, Schmidt Among Headliners @ Recent Judge Joseph A. Vail Asylum Workshop!

Professor Geoffrey Hoffman
Immigraton Clinic Director
University of Houston Law Center

https://www.law.uh.edu/news/spring2022/0207Vail.asp

Joseph A. Vail Asylum Workshop shares valuable immigration insights in the era of the Biden Administration

Retired Immigration Judge, U.S. Immigration Court and Former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt discusses growing immigration court backlogs.

Feb. 7, 2022 – More than 350 practitioners attended the annual Joseph A. Vail Asylum Workshop recently. The four-hour virtual event held on Jan. 28 was presented by the University of Houston Law Center’s Immigration Clinic and co-sponsored by Interfaith Ministries of Greater Houston. Interfaith Ministries joined this year to shed light on the plight of Afghani refugees who have settled in Houston since the government in Afghanistan collapsed and the Taliban takeover.

The goal of the workshop was to provide an update on immigration practices since President Biden took office. For example, while Biden halted the building of the border wall between the U.S. and Mexico and removed Migrant Protection Protocols (MPP) – where asylum seekers must remain on the Mexican side of the border while awaiting U.S. immigration court dates – a federal court order forced MPP to be reinstated. Immigration court backlogs continue to grow with former Board of Immigration Appeals Chairman Paul W. Schmidt predicting them reaching over 2 million by the end of 2022.

The first panel, moderated by Immigration Clinic Director Geoffrey Hoffman, explored the Biden Administration’s focus on Prosecutorial Discretion, Deferred Action for Childhood Arrivals (DACA), Migratory Protection Protocols (MPP), recent circuit court decisions, Afghan and Haitian case precedents, and immigration court backlogs.

“I hope you are emboldened to take a pro-bono client,” said Hoffman. “You can reach out to any of us on this call and use us as mentors.”

Panelist Magali Candler Suarez, principal at Suarez Candler Law, PLLC warned practitioners that Title 42 – a public health and welfare statue that gives the Center for Disease Control and Prevention the power to decide whether something like Covid-19 in a foreign country poses a serious danger of spreading in the U.S. – was being applied to Haitians in a racist manner.

“Many Haitians are being turned back at the border,” said Candler Suarez. “They are being denied the right to apply for asylum.”

The second panel, moderated by Parker Sheffy, a clinical teaching fellow at the Immigration Clinic, was a refresher on asylum, withholding of removal and CAT. Panelist Elizabeth Mendoza from the American Immigration Lawyers Association (AILA), which supports immigration attorneys in this work, spoke about challenges because of newly appointed immigration judges and evolving Covid practices.

“Unfortunately, things are in flux this month,” said Mendoza. “It’s not out of the ordinary to be given conflicting information.”

Well known former U.S. immigration judge, Jeffrey S. Chase, was the final panelist in this group and focused on the future of asylum in the U.S. “The Biden Administation issued a paper on climate change and migration,” said Chase. “[What] they were really talking about [though was] asylum and how climate change will impact that.”

A third panel offered insights on the use of experts in removal proceedings. UH Law Center Professor Rosemary Vega moderated the discussion which ranged from psychological experts to country experts and where to find them.

“The Center for Gender and Refugee Studies has a giant list of experts on many topics,” said panelist and UH Law Professor Lucas Aisenberg. “It’s the first place I go to when I’m working on a case.”

The workshop wrapped up with speakers from Interfaith Ministries of Greater Houston explaining what it is like to be a refugee from Afghanistan and how hard it has been to meet the needs of Afghan refugees that have arrived in the last year.

“Two years ago, we resettled 407 Afghan refugees,” said Martin B. Cominsky, president, and CEO of Interfaith Ministries of Greater Houston. “Since September 2021, we have resettled 11,081 refugees.” He implored practitioners on the call to help in any way they can.

The Joseph A. Vail Asylum Workshop has been held annually since 2014 in memory of the University of Houston Law Center Immigration Clinic’s founder. Since the clinic’s inception in 1999, it has become one of the largest in the nation, specializing in handling asylum applications for victims of torture and persecution, representing victims of domestic violence, human trafficking, and crime, and helping those fleeing civil war, genocide, or political repression. The clinic has served over 2,000 individuals who otherwise could not afford legal services.

For a full list of speakers at this year’s event, click here.

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

“Immigration court backlogs continue to grow with former Board of Immigration Appeals Chairman Paul W. Schmidt predicting them reaching over 2 million by the end of 2022.”

“Aimless Docket Reshuffling” is thriving @ Garland’s EOIR. Instead of gimmicks designed to “prioritize for denial and deterrence” (how about those “engineered in absentia dockets?”) why not work with the private bar and DHS to prioritize at both the Asylum Office and EOIR those with the most compelling cases from countries where refugee flows are well-documented?

For example, why not “prioritize” represented Uyghur and Afghani cases which should be “slam dunk” asylum grants? What’s the purpose of making folks who are going to be part of our society unnecessarily spend years in limbo?

Will Ukrainians soon be in the same boat, asks Jason “The Asylumist” Dzubow on his blog? https://www.asylumist.com/2022/01/27/preemptive-asylum-for-ukrainians/. Good question!

Is anybody in the Biden Administration actually planning for a possible human rights catastrophe, or just waiting for it to happen and then declaring yet another “migration emergency.”

Contrary to the uninformed view of many, backlogs aren’t just a workload problem or a hindrance to enforcement. There are huge human, psychological, economic, societal, and institutional costs with maintaining large uncontrolled backlogs.

Most of those costs fall on the individuals with strong, likely winning cases who constantly are “orbited to the end of the line” to accommodate ever-changing, ill-advised, enforcement agendas and misguided “quick fix” initiatives. That’s so that DHS and DOJ can misuse the legal system as a deterrent — by prioritizing the cases they think they can deny without much due process to “send messages” about the futility of asking for protection or asserting rights in the U.S. legal system! And, those with strong cases (and their attorneys) “twist in the wind” as denials and deterrence are prioritized.

Trying to prioritize “bogus denials” (often without hearings, lawyers, time to prepare, or careful expert judging) also creates false statistical profiles suggesting, quite dishonestly, that there is no merit to most cases. These false narratives, in turn, are picked up and repeated by the media, usually without critical examination.

Like the “Big Lie,” they eventually develop “a life of their own” simply by repetition. When occasionally “caught in action” by Article IIIs, the resulting backlog bolstering remands and “restarts” are inevitably blamed on the individuals (the victims), rather than the systematic Government incompetence that is truly responsible!

The truth is quite different from the DOJ/DHS myths. Over the years, despite facing a chronically unfair system intentionally skewed against them, some hostile or poorly qualified Immigration Judges and Appellate IJs, and wildly inconsistent results on similar cases before different judges (so-called “Refugee Roulette”), asylum seekers have won from 30% to more than 50% of the time when they actually receive an opportunity for a full, individual merits determination of their claims.

But, getting that individual hearing has proved challenging in a system that constantly puts expediency and enforcement before due process, fundamental fairness, and human dignity! No matter how the Government tries to hide it, that means that there lots of bona fide asylum seekers out there whose cases are languishing in a broken system.

The creation of the USCIS Asylum Office was supposed to be a way of dealing with this issue through so-called affirmative applications and “quick approvals” of meritorious cases. But, during the Trump Administration even that flawed system was intentionally and maliciously “dumbed down,” “de-functionalized,” “re-prioritized,” and hopelessly backlogged. It was so bad that the Asylum Officers’ Union actually sued the Trump Administration for acting illegally.

More “gimmicks” like Garland’s failed “dedicated dockets” won’t fix his dysfunctional system. Fundamental leadership, personnel, substantive quality, procedural, and “cultural” changes are necessary to address backlogs while achieving due process and fundamental fairness at EOIR. Ironically, that was once the “EOIR Vision.” ⚖️ It’s too bad, actually tragic, Garland doesn’t share it!🤯

🇺🇸Due Process Forever!

PWS

02-08-22

⚖️BINGO! — WASHPOST DUO’S REPORT SHOWS TIMELINESS ⏰ OF RAPPAPORT-PISTONE-SCHMIDT PLAN 😎 FOR INCREASING REPRESENTATION AND IMPROVING MPP PROCESS! — All That’s Missing Is The Government Leadership To Engage & Make It Happen! — “But despite the vastly lower numbers, there is still far more demand for pro bono legal services than nonprofit groups and charities can provide, Castro said.”

Nick Miroff & Arelis R. Hernandez report for WashPost:

https://www.washingtonpost.com/national-security/2022/02/04/biden-mpp-mexico/

. . . .

Under Trump, asylum seekers sent to Mexico were often confused and adrift, unsure how to find legal help or return for their U.S. court appointments. They were visible on the streets of Mexican border cities and were easy targets for criminal gangs.

Marysol Castro, an attorney with El Paso’s Diocesan Migrant and Refugee Services who provides legal aid to asylum seekers in MPP, said the program’s return under Biden was a “relief” to some, “because otherwise if you go to the border you’re getting expelled” under Title 42.

Castro said new enrollees in MPP have court dates with fast-tracked hearings, unlike asylum seekers who were placed into the program under Trump and are still stuck in Mexico “with no hope.”

Mexican authorities say they received assurances from the Biden administration that migrants placed in MPP would have improved access to legal counsel. But despite the vastly lower numbers, there is still far more demand for pro bono legal services than nonprofit groups and charities can provide, Castro said.

More than two-thirds of MPP returns under Biden have been sent to Ciudad Juárez, where they are provided secure transportation through a State Department contract with the U.N. International Organization for Migration. The Mexican government houses them in a shelter set up in a converted warehouse in an industrial area of the city.

“The shelters are more restrictive,” said Victor Hugo Lopez, a Mexican official who helps oversee the program. “The migrants can request permits to go outside, but we try to keep them safe by keeping them inside.”

Dana Graber Ladek, the IOM chief of mission in Mexico, said her organization continues to oppose MPP on principle, even as it’s working with both governments to ameliorate conditions for those sent back.

“It still has a tremendous amount of negative impacts,” she said. “It’s not how asylum is supposed to work.”

Hernández reported from San Antonio.

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

Hey, guys, we told you so!

https://immigrationcourtside.com/2022/02/02/%e2%9a%96%ef%b8%8f%f0%9f%97%bdthere-will-be-no-supreme-intervention-to-stop-mpp-%e2%98%b9%ef%b8%8f-rappaport-pistone-schmidt-tell-how-the-administration-advocates-c/

Representation remains a problem, but also an opportunity, just as Nolan Rappaport said on The Hill! Fortunately, Professor Michele Pistone has been thinking in advance and has built a “scalable” program (VIISTA-Villanova) that already is turning out qualified grads who can become accredited representatives and could quickly be expanded. By coordinating scheduling of hearings with nationwide NGOs and pro bono groups and “leveraging” resources that might be available to get pro bono resources to the border without overtaxing them elsewhere with “Aimless Docket Reshuffling,” (“ADR”), the representation problem can be solved.

One good sign is that cases of those likely to be granted, Venezuela, Nicaragua, Cuba, have been prioritized which can help move dockets forward while reducing resource-wasting appeals and petitions for review. But, there is much more “low hanging fruit” here to be harvested, in my view:

Also prioritize many Haitian cases, domestic violence cases from Latin America, and family-based cases which, if represented and documented, should be relatively straightforward grants;
Replace the BIA with judges who are asylum experts and will issue the necessary positive guidance on granting asylum that will move dockets, promote consistency, and reduce appeals;
Why ignore the “waiting for Godot” cases left over from Trump’s intentionally “built to fail” program? Get them represented and scheduled for hearings;
End the failing and totally misguided “Dedicated Dockets” at EOIR. Instead, treat the MPP as the “Dedicated Docket;”
To keep backlog from further building, use ideas from the “Chen-Markowitz” plan to remove two “hopelessly aged” cases from the EOIR backlog docket for every MPP case “prioritized.” This could also free up some representation time. Go from ADR to “Rational Docket Management” (“RDM”), closely coordinated with the private bar and DHS!

Finally, keep in mind that directly contrary to the babbling of Paxton and other ignorant GOP White Nationalists, the purpose of asylum law is protection, not rejection! And, the generous standard of proof for asylum, recognized by the Supremes 35years ago, combined with existing regulatory presumptions of future persecution based on past persecution should, if honestly and expertly applied, favor asylum applicants (even if that hasn’t been true in practice). The U.S. legal system is supposed to be about guaranteeing due process fundamental fairness, and achieving justice, not to serve as a “deterrent,” “punishment,” or “enforcement tool.”

In the case of MPP, everyone in the program has already passed initial credible fear or reasonable fear screening! That means with well-qualified Immigration Judges possessing asylum expertise, new expert BIA judges, competent representation, and a focus on insuring justice by DHS Counsel, many, probably the majority of the MPP cases should be grants of asylum of other protection.

That will help clean out the camps, while addressing the serious “immigration deficit” that was engineered by Trump and Miller. It also allows refugees to become contributing members of our society, rather than rotting away and squandering their human potential in squalid camps in Mexico!

To date, most MPP cases have been denied with questionable due process, little obvious expertise, and a complete lack of positive, practical guidance by the BIA. This strongly suggests severe shortcomings and bias in the DHS/DOJ implementation of Remain in Mexico (“MPP”). But, it’s never too late to do better!

The Post article suggests that there have been some modest improvements in MPP under Biden. It’s time to take those to another level! The ideas and tools are out there. All that’s missing is the dynamic leadership, teamwork, and competent, creative., due-process-focused focused management.

🇺🇸Due Process Forever!

PWS

02-07-22

🇺🇸🗽IN MEMORIAM: BELOVED “PRACTICAL SCHOLAR” DR. DEMETRIOS G. PAPADEMETRIOU, DIES @ 75 — Renowned Migration Expert Co-Founded Migration Policy Institute, Among Many Other Life Achievements!

As reported on ImmigrationProf Blog:

https://lawprofessors.typepad.com/immigration/2022/01/mpi-honors-the-life-of-dr-demetrios-papademetriou.html

Friday, January 28, 2022

MPI Honors the Life of Dr. Demetrios Papademetriou

By Immigration Prof

Share

Dr. Demetrios G. Papademetriou, president emeritus and co-founder of Migration Policy Institute, and founding president of MPI Europe, died Wednesday, January 26, at the age of 75. He was one of the world’s pre-eminent scholars and lecturers on international migration, with a rich body of scholarship shared in more than 275 books, research reports, articles and other publications. He also advised numerous governments, international organizations, civil society groups and grant-making organizations around the world on immigration and immigrant integration issues.

Papademetriou began his career as Executive Editor of the International Migration Review. After stints at Population Associates International and the U.S. Labor Department, he served as Chair of the Migration Group of the Organization for Economic Cooperation and Development. He then joined the Carnegie Endowment for International Peace’s International Migration Policy Program, which in 2001 was spun off to create the freestanding Migration Policy Institute.

He co-founded Metropolis: An International Forum for Research and Policy on Migration and Cities, which he led as International Chair for the initiative’s first five years and then served as International Chair Emeritus. He was Chair of the World Economic Forum’s Global Agenda Council on Migration (2009-11) and founding Chair of the Advisory Board of the Open Society Foundations’ International Migration Initiative (2010-15).

Papademetriou, who traveled the world lecturing and speaking at public conferences and private roundtables, also taught at the University of Maryland, Duke University, American University and the New School for Social Research.

MHC

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

Demetrios was one of those amazing, charismatic, “larger than life” intellects who could “electrify” a room just by walking through the door. His ability to “connect” with audiences far beyond the world of scholarly research — and to appreciate the “human lives and heroic stories beyond the number-crunching” was unparalleled.

He led in “putting immigration scholarship on the map” — as an academic discipline, a ground-breaker in clinical legal education, and a basis for progressive migration and human rights policies in government and NGOs. Through his work at MPI, Carnegie, and other institutions, he used scholarship to spur and encourage practical “grass roots” reforms in our immigration system and, indeed, in the international migration system. Many leaders of today’s “New Due Process Army” can trace their “practical scholarly roots” to Demetrios’s inspiration and example!

Perhaps ironically, another recent posting on ImmigrationProf Blog points out how the Biden Administration has disturbingly and inexcusably failed to “cash in” on the full potential of the extraordinary growth in “applied migration scholarship” fueled by Demetrios, his long time friend and colleague former Immigration Commissioner Doris Meissner, MPI Executive Director Donald Kerwin, Jr., and other giants in the field.

Rather, the Biden Administration has veered far off-track on immigration, human rights, and social justice issues by placing politicos without immigration expertise and lacking both moral courage and belief in fundamental human values in charge of its flailing and failing immigration mess. In particular, these tone-deaf politicos have failed to “connect the dots” between immigrant justice and racial justice in America.

Not surprisingly, that has resulted in across the board failures, unfulfilled promises, and angry, disgruntled potential allies on meaningful reforms in both areas. This, in turn, has demoralized and turned off the younger, dynamic, diverse, progressive, expert immigration, human rights, and social justice leaders who are key to the future of the Democratic Party and the preservation of American democracy.

https://lawprofessors.typepad.com/immigration/2022/01/mpi-honors-the-life-of-dr-demetrios-papademetriou.html

Talk about a lose-lose-lose approach! And, I guarantee that it hasn’t garnered one vote of support from “hard-liners” and “naysayers” who continue to mindlessly and dishonestly babble about “open borders!”

I’m not exaggerating here. Yesterday, I was on (Zoom) panels in Houston and DC. Both audiences and fellow panelists were stunned and outraged by the betrayal of due process, good government, expertise, common sense, and human values demonstrated by Biden’s “Miller Lite” approach to asylum at the Southern Border, the intentional mistreatment of migrants of color, and Garland’s beyond dysfunctional and chronically unjust Immigration Courts!

Particular disgust was reserved for the Administration’s intentional, continued, cowardly abuse of Haitian migrants. That, actually says more about their attitude toward true racial justice than the promise to appoint a Black Woman to the Supremes.

Welcome and long overdue as the latter is, it isn’t going to change the result on any major issue before this version of the Supremes. By contrast, the Biden Administration’s anti-Haitian policies are actually harming, dehumanizing, endangering, and even potentially killing Black migrants every day! No wonder they want to “sweep truth under the rug.”

It’s exactly the type of “applied stupidity,” willful blindness, intentional cruelty, and disdain for common sense, humanity, facts, and relevant experience that Demetrios would have resisted!

🇺🇸Due Process Forever!

PWS

01-29-22

🤮DO AS I SAY, NOT AS I DO: BIDEN CLAIMS TO BE A STRONG ADVOCATE FOR RACIAL JUSTICE — BUT, HIS POLICIES SAY OTHERWISE: Biden Administration Continues One Of America’s Longest-Standing Racial Traditions: Shafting Haitian Asylum Seekers! — Nicole Narea Reports For Vox News!

Nicole Narea
Immigration Reporter
Vox.com

https://lawprofessors.typepad.com/immigration/2022/01/bidens-immigration-polices-leave-haitians-stranded-in-mexico.html

Biden’s immigration polices leave Haitians stranded in Mexico

Friday, January 21, 2022

By Immigration Prof

Nicole Narea of Voxreports that the U.S. has deported nearly 14,000 Haitians to Mexico since September, according to data released by UN’s International Organization for Migration. In 2021, Mexico received more than 131,ooo asylum applications, of which an estimated 45% were Haitians and their Chilean-born children. Haitians in Mexico “face pervasive racism, and many are unable to work, have no access to medical care, and are targets for criminals,” Narea writes.

Mexico is seeing an uptick in Haitian asylum applicants.

The Biden administration continues to enforce pandemic-related border restrictions that have kept out the vast majority of asylum seekers, including Haitians.

KJ

Current Affairs | Permalink

Comments

Post a comment

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

This disingenuous action by the Administration comes at a rather inopportune time, just as they are “getting heat” for failing to deliver on promises to Black voters. Additionally, the latest Pew Study shows that immigrants now make ump 10% of the U.S. Black population and that they are “more than holding their own” in terms of education and economic contributions.

https://www.pewresearch.org/race-ethnicity/2022/01/20/one-in-ten-black-people-living-in-the-u-s-are-immigrants/

Looks like many of the “immigrants we need” (and who also need us), according to Suzanne Clark of the U.S. Chamber of Commerce, have mindlessly been dumped in Mexico at great human and fiscal cost that actually results in a “negative achievement.” (That’s notwithstanding the White Nationalist myths perpetrated by the 5th Circuit and GOP AGs and not always effectively opposed by the Biden Administration. How do you purport to end “Remain in Mexico” while denying asylum seekers any right to seek refuge at the border? Not very effectively, it appears!)

🇺🇸Due Process Forever!

PWS

01-22-22

⚠️BIA’S GRUDGING ACCEPTANCE OF SUPREMES’ RULING ON “STOP TIME RULE” MASKS ATROCIOUS ANTI-ASYLUM PRECEDENT TARGETING INDIGENOUS REFUGEES! — Garland Ignores Bad Law, Anti-Immigrant Precedents Flowing From His Court!”🤮 — Matter of M-F-O-, 28 I&N Dec. 428 (BIA 2021)

https://www.justice.gov/eoir/page/file/1446396/download

“Floaters” — Garland, Mayorkas, and other Biden honchos appear unable to get beyond this “Stephen Miller vision” for legal asylum seekers. “Floaters — How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

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

“Inside Baseball”⚾️ — The human, administrative, and taxpayer costs of the BIA’s unwillingness to uphold the statute in the face of DHS and EOIR “Management” intransigence — and their disregard for clear warning signals from the Supremes — are unfathionable to anyone outside this totally dysfunctional and out of control system! See, e.g., https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca9-on-stop-time-rule-quebrado-cantor-v-garland.

Could there be any clearer example of the need to take this mess out of the DOJ and create a competent, expert, independent Article I Immigration Court with real judges?

The asylum/withholding portion of this decision appears to be an atrocious misconstruction and intentional misapplication of asylum law by the BIA!

In fewer than five minutes of “internet research,” I found three authoritative pieces of evidence that should have been sufficient to show an endemic, ongoing racial and psg persecution of Indigenous Guatemalans and a total failure of state protection. See, e.g., https://www.govinfo.gov/content/pkg/USCOURTS-ca6-18-03500/pdf/USCOURTS-ca6-18-03500-0.pdf; https://monthlyreview.org/2020/09/01/a-violent-guatemala/; https://minorityrights.org/trends2018/guatemala/.

This, in turn, should long ago have been adequate for a BIA of better-qualified appellate judges who have asylum expertise and are willing to to stand up for the legal rights of asylum seekers to issue a precedent finding a “pattern or practice” of such persecution in Guatemala. See, e.g., 8 C.F.R. § 1208.13(b)(2)(iii)(A).

With such a precedent, cases like this could be expeditiously granted at the Asylum Office or in focused Immigration Court hearings, instead of “kicking around the system” for more than three years and then being wrongly decided at both the trial and appellate levels. Wonder why our immigration system is a mess? Look no further than Garland’s anti-immigrant EOIR!

The panel’s conclusion that indigenous status wasn’t even “a reason” for gang persecution is preposterous — proof of institutional bias against asylum seekers, particularly those from the Northern Triangle!

The improperly and intentionally skewed asylum denial rates at our Southern Border feed the nativist fiction that asylum seekers are illegally seeking entry into the US. In reality, they appear to be victims of systemic racial, ethnic, and xenophobic bias fueled by both DHS and DOJ even under this Administration.

We currently have no functioning legal asylum system at ports of entry, nor have we had one for several years. “Gimmicks” like “Remain in Mexico” and “Title 42” have illegally replaced our legal protection system.

Why WOULDN’T folks seek refuge through irregular entry in such an insane situation? Who in their right mind wouldn’t?

This system further generates bogus “apprehension” numbers used by DHS, DOJ, and politicos of both parties to generate false panic about the arrival of persons seeking legal status that we have unlawfully suspended!

Many of these individuals deserve to be legally admitted and allowed to contribute to our society! Instead, they are demonized, demeaned, dehumanized, and otherwise mistreated by our Government.

Indeed, GOP politico-restrictionist-alarmists are already trying to inflame public opinion by raising the manufactured “specter” that a slow moving so-called “caravan” of unarmed, desperate, and vulnerable migrants seeking to apply for legal refuge from some of the most repressive and dangerous countries in the world are an existential threat to the security of what is supposed to be the most powerful nation on earth! Letter asking BIden to enforce laws at brder 11.4.21 What poppycock!

They mischaracterize the group as having “nonexistent asylum claims.” But, how would they or anyone else know, since we currently have no system to fairly adjudicate such claims and no reliable information about the individual circumstances on which they are based?

Instead of engaging in racially charged panic and lawless enforcement, why not just direct them to report to legal ports of entry where they could be properly screened by trained Asylum Officers in a prompt and fair manner? 400 well-trained Asylum Officers doing two cases per day could complete the screening in a matter of days or several weeks at most!

Those who pass credible fear could be referred to Immigration Court in cooperation with legal aid and NGO groups to help them prepare and insure appearance. Represented asylum seekers appear for Immigration Court at a rate approaching 100%! Why wouldn’t an Administration truly interested in a fair and orderly asylum system concentrate on increasing representation rather than imposing more “guaranteed to fail” enforcement-only gimmicks?

Those who do not pass credible fear could be returned, provided that can be done in a safe and humane manner, perhaps working with the UNHCR and other international aid organizations to insure safe and orderly acceptance in the home nations.

And, unlike the current lawless system, we would actually have some empirical information about the claims of those applying at the border. It seems likely that under a fair and legal application asylum law, many would have valid asylum claims. But, without a fair hearing system and more Immigration Judges and BIA judges who are experts in asylum law and will fairly apply it, who knows? Right now, everyone is just “guessing” about the potential merits the claims because we don’t now have, and haven’t for some years had, a fair system for deciding those individual cases!

Here’s a still-timely article from Professor Bill Hing (ImmigrationProf Blog) about how we are repeating our past mistakes of mistreating Central American asylum seekers. https://repository.uchastings.edu/hastings_race_poverty_law_journal/vol17/iss2/5/

The same is true of Haitians seeking asylum. https://lawprofessors.typepad.com/immigration/2021/11/biden-is-replaying-a-forgotten-us-atrocity-against-haitian-refugees.html

An Administration unwilling to stand up for values, justice, and the rule of law for the most vulnerable among us doesn’t stand for much of anything at all. Maybe cowardice and lack of moral compass is the reason why Dems can’t govern and keep losing elections they should have won!

The GOP long ago “cornered the market” on dishonesty, immorality, and anti-democratic behavior. The Dems can gain nothing, and lose much, by emulating them!

🇺🇸Due Process Forever!

PWS

11-05-21

☠️⚰️🏴‍☠️HAITI IS NOT “SAFE,” & THE PERVASIVE GANG VIOLENCE APPEARS TO BE POLITICALLY MOTIVATED! — “They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs. . . . It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption!” — So, Why Are Biden, Harris, Mayorkas, & Garland Illegally Returning Refugees There Without Hearing Their Asylum Claims? 👎🏽🤮

Catherine Porter
Toronto Bureau Chief
NY Times
PHOTO: NY Times website

Natalie Kitroeff
Foreign Correspondent
NY Times
PHOTO: NY Times

https://www.nytimes.com/2021/10/21/world/americas/haiti-gangs-kidnapping.html?referringSource=articleShare

By Catherine Porter and Natalie Kitroeff

They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs.The gruesome massacre three years ago, considered the worst in Haiti in decades, was more than the work of rival gangs fighting over territory. It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption, the U.S. Treasury Department announced last year.

Since then, Haiti’s gang members have grown so strong that they rule swaths of the country. The most notorious of them, a former police officer named Jimmy Cherizier, known as Barbecue, fashions himself as a political leader, holding news conferences, leading marches and, this week, even parading around as a replacement for the prime minister in the violent capital.

. . . .

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

Read the rest of this gruesome, yet telling, report at the link.

Over 21 years on the Immigration Bench as both a trial and appellate judge, I adjudicated thousands of asylum claims. The circumstances described on this article undoubtedly would give rise to many potentially valid asylum and withholding claims, based on actual or implied political opinion and/or family or gender-based “particular social groups” and Convention Against Torture (“CAT”) grants based on torture with government acquiescence or actual connivance!

So, how do Biden, Harris, Mayorkas, and Garland, who to my knowledge have never represented an asylum applicant or adjudicated an individual asylum case among them, “get away” with simply suspending the rule of law, under false pretenses, for those entitled to seek asylum?

Stephen Miller must be on “Cloud Nine” as Biden & Co. carry out his White Nationalist plans to eradicate asylum, particularly when it protects women and people of color! This is even as Miller and his neo-Nazi cohorts (a/k/a “America First Legal”) are gearing up to sue the Biden Administration to block every measure that might aid immigrants, particularly those of color.

He’s delighted with Biden’s abuse of asylum seekers of color! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

By contrast with Miller’s delight, human rights NGOs have “had it” with the Biden Administration’s grotesque anti-asylum agenda! See, e.g.,https://m.dailykos.com/stories/2021/10/18/2058777/–We-refuse-to-be-complicit-Advocates-leave-Biden-admin-meeting-in-protest-of-Remain-in-Mexico-plan?detail=emaildkre

Haiti Corpses — NGOs don’t share the Biden Administration’s vision of what a “safe” Haiti looks like. Neither do kidnapped American missionaries!
PHOTO: Marcelo Casal, Jr., Creative Commons License

Angering and alienating your potential allies and supporters to aid the far-right program of your enemies who are determined to do whatever it takes to undermine, discredit, and destroy your Presidency! Obviously, I’m no political expert. But, sure sounds like an incredibly stupid, “designed to fail” strategy to me!

🇺🇸Due Process Forever!

PWS

1-23-21

HISTORY & THE PRESENT: We Owe Haiti A Debt — Mayorkas & Garland Have Repaid It With Cruelty, Lies, Illegal, & Immoral,Treatment Of Haitian Asylum Seekers — “[Haitians’] success in freeing themselves in the face of the stoutest European hostility imaginable ironically made Haiti the first nation to fulfill the most fundamental values of the Enlightenment: freedom from bondage and racial equality for all.”

A portrait of Toussaint Louverture, 1813
Oil on Canvas, 65.1 x 54.3 cm. (25.6 x 21.4 in.)
Alexandre François Girardin
Public domain

https://www.latimes.com/opinion/story/2021-10-10/the-west-owes-a-centuries-old-debt-to-haiti

Howard W. French in the LA Times:

The treatment of Haitian refugees at the U.S. border last month — some chased by horseback agents, others huddled by the thousands under a bridge — is tragic. For reasons that are less obvious, it is also ironic. Although Americans’ centuries-long debt to the Haitian people is untaught in our schools and unacknowledged in our public discourse, the indomitable spirit of the Haitian people created the United States we know today.

Even the capsule version of Haiti’s successful fight to end slavery and for independence at the turn of the 19th century is riveting. C.L.R. James, the late Trinidadian political leader and historian of the Caribbean, wrote six decades ago:

“In August 1791, after two years of the French Revolution and its repercussions in [Hispaniola], the slaves revolted. The struggle lasted for 12 years. The slaves defeated in turn the local whites and the soldiers of the French monarchy, a Spanish invasion, a British expedition of some 60,000 men, and a French expedition of similar size under Bonaparte’s brother-in-law. The defeat of Bonaparte’s expedition in 1803 resulted in the establishment of the Negro state of Haiti which has lasted to this day.”

It’s one of the most remarkable stories of liberation that we have as a species: the largest revolt of enslaved people in human history, and the only one known to have produced a free state. But even this sweeping account understated the extraordinary role that Haiti’s rebellious enslaved played in world history.

Their success in freeing themselves in the face of the stoutest European hostility imaginable ironically made Haiti the first nation to fulfill the most fundamental values of the Enlightenment: freedom from bondage and racial equality for all. These principles were enshrined in Haiti’s first constitution, in 1804, decades before they were embraced by the United States.

And that was just the beginning.

. . . .

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

Read the rest of the article at the link.

How have we repaid the debt? By illegally deporting Haitian asylum seekers to the “kidnapping center of the world” and then disingenuously claiming that it is a “safe” country for returns!

https://www.washingtonpost.com/world/2021/10/09/haiti-kidnapping/

From WashPost:

By Widlore Mérancourt and Anthony Faiola

October 9 at 2:49 PM ET

PORT-AU-PRINCE, Haiti — Four days after the August earthquake that devastated the south of Haiti, Walkens Alexandre, a physician, was traveling to treat victims at a hospital when a motorcycle blocked his white Ford Ranger. Two men hopped off, pulled guns, commandeered his truck and hauled him to the outskirts of the capital.

He was held for three days while the kidnappers negotiated by phone with his family. He’d be set free for 30 times his monthly salary. Loved ones pleaded with relatives and friends to contribute to the ransom.

“Now I’m traumatized, fearful of people, and reminded of this every time someone slams a door, or I hear a motorcycle,” said Alexandre, 43. “We don’t feel safe in Haiti. There is always panic, always fear.”

The most troubled nation in the hemisphere is now being held hostage by a surge in kidnappings.

With victims spanning all social classes and ransoms ranging from as little as $100 to six figures, Haiti now holds the tragic title of highest per capita kidnapping rate on Earth. Recorded kidnappings so far this year have spiked sixfold over the same period last year, as criminals nab doctors on their way to work, preachers delivering sermons, entire busloads of people in transit — even police on patrol. So great is the surge that this year, Port-au-Prince is posting more kidnappings in absolute terms than vastly larger Bogotá, Mexico City and São Paulo combined, according to the consulting firm Control Risks.

[Haitian migrants thought Biden would welcome them. Now deported to Haiti, they have one mission: Leave again.]

Locals and foreigners alike are living in fear. The heads of several foreign companies told The Washington Post that the kidnapping wave led them to reassign staffers to remote work in other Caribbean countries, Europe or the United States. Other firms are leaving Haiti altogether.

“Every time you leave your door in Port-au-Prince, it’s like a game of Russian roulette,” said one European executive, who spoke on the condition of anonymity to discuss security. “You don’t know if you’ll be kidnapped that day.”

Maarten Boute, chairman of cellular phone provider Digicel Haiti, said his firm has resorted to moving staff only in armored cars with drivers trained for kidnapping scenarios. Because of the escalating risk, he said, he abandoned his Port-au-Prince home this year to move into a fortified hotel compound.

“Most people who can afford it and have visas have sent their family away, or moved outside the country,” he said. “We are using armed security, armored cars and have patrols that [scout] roads. But we still avoid certain areas, or moving around, as much as we can.”

Saddled with endemic poverty and violence, Haiti is no stranger to kidnapping waves. The country suffered a brutal surge from 2005 until the 2010 earthquake, which killed more than 220,000 people but had the effect of moderating kidnappings. Numbers have climbed steadily in recent years as violent gangs, unchecked by the government, have seized control over key portions of the country.

. . . .

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

Read the rest of the report at the link!

This is a “safe country” for removal? “Rounding them up and moving them out” without meaningful inquiry into individual circumstances is “American justice?” Come on, man!

Mayorkas and Garland have obviously spent far too much time at the “Miller Lite Happy Hour” 🤮☠️ and far too little time restoring the rule of law for vulnerable asylum seekers who deserve our protection!👎🏽

🇺🇸Due Process Forever!

PWS

10-11-21

THE GIBSON REPORT — 10-04-21 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group — Biden Administration’s Failure To Heed Warnings, Re-Establish Asylum System @ Border, Bring In Progressive Experts, Leads To Cruelty, Chaos!

NEWS

New Enforcement Priorities Show Some Improvement, Maintain Old Framework

AIC: On September 30, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas issued the long-awaited new set of enforcement priorities, entitled “Guidelines for the Enforcement of Civil Immigration Laws”. The guidelines, which will go into effect on November 29, 2021, will replace the February 18 interim enforcement priorities memo issued to U.S. Immigration Customs Enforcement (ICE), as well as Initial interim guidelines issued on January 20, 2021. See also IDP Statement: DHS’s Deportation Memo Reinforces Flawed Policies of the Past.

Federal appeals court preserves administration’s ability to use Title 42 to expel migrant families

Politico: A federal court has moved to preserve the Biden administration’s ability to use a Trump-era public health order to expel migrant families arriving at the southern border.

U.S. DHS plans to issue new memo ending Trump-era immigration policy

Reuters: The U.S. Department of Homeland Security said on Wednesday it intends to issue a new memo in the coming weeks ending the “remain in Mexico” immigration program.

U.S. Border Authorities Failed to Prepare for Influx of Haitian Migrants Despite Weeks of Warnings

Intercept: [T]he arrival of Haitians was anticipated, and much of the chaos that ensued seemed preventable with basic planning and logistics. But in the scramble to contain the media crisis, the U.S. employed tactics that set off a cascade of repression and violence on both sides of the border. By allowing the situation to reach critical levels, federal officials created conditions that made a militarized crackdown seem inevitable, making criminals out of people asserting their right to seek asylum. See also Most of the migrants in Del Rio, Tex., camp have been sent to Haiti or turned back to Mexico, DHS figures show.

Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges

Texas Tribune: Defense attorneys have started asking courts to set migrants free because local justice systems, overwhelmed by arrests under Gov. Greg Abbott’s border security push, are routinely violating state law and constitutional due process rights.

Forming a new group, N.J.’s immigrant advocates fight for release of migrant detainees

NJ Monitor: Now the coalition of faith leaders, advocates, formerly incarcerated people, and their family members have formed the Interfaith Campaign for Just Closures. The group aims to push New Jersey’s congressional delegation to support HR 536, which would revamp the immigration detention system.

Greyhound Agrees to Pay $2.2 Million Over Immigration Sweeps on Buses

NYT: The settlement will provide restitution to passengers who were detained, arrested or deported after immigration agents conducted warrantless searches on buses, Washington State’s attorney general said.

The Biden Administration Is Providing Legal Representation For Certain Immigrant Children In Eight US Cities

BuzzFeed: The new initiative will provide government-funded legal representation to certain children in Atlanta, Houston, Los Angeles, New York, San Diego, San Francisco, Seattle, and Portland. The Executive Office for Immigration Review, which runs the nation’s immigration courts, is also updating training for attorneys who want to handle immigration cases.

LITIGATION/CASELAW/RULES/MEMOS

Immigration Cases in the Supreme Court: The 2021 Term

Immprof: The Court currently has three new immigration cases on the docket for the 2021 Term.

BIA Clarifies When a NTA Constitutes a “Charging Document”

AILA: The BIA dismissed the respondent’s appeal after finding that a Notice to Appear that lacks the time and place of an initial removal hearing constitutes a “charging document.” Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)

CA3 Reverses Denial of Asylum to Petitioner Who Fled Yemen to Avoid Persecution on Account of Political Opinion

AILA: Where the Yemeni petitioner had been kidnapped and tortured before being convicted and sentenced to 10 years’ imprisonment for political opposition to the Houthi regime, the court concluded that the BIA erred in determining that he was ineligible for asylum. (Ghanem v. Att’y Gen., 9/22/21)

3rd Circ. Says Simple Assault Is Grounds For Deportation

Law360: The Third Circuit refused to undo deportation orders against a Peruvian national who had a simple assault conviction, ruling that the offense amounted to a removable crime of violence.

CA5 Finds BIA Abused Its Discretion by Entirely Failing to Address Libyan Petitioner’s CAT Claim

AILA: The court held that the BIA abused its discretion by entirely failing to address the Libyan petitioner’s Convention Against Torture (CAT) claim, where the petitioner had raised his CAT claim several times in his briefing before the BIA. (Abushagif v. Garland, 9/24/21)

CA8 Upholds Denial of Asylum to Guatemalan Petitioner Whose Family Refused to Give Money to Gangs

AILA: The court upheld BIA’s denial of asylum, finding petitioner’s proposed particular social group of “family unaffiliated with any gangs who refuse to provide any support to transnational criminal gangs in Guatemala” lacked particularity and social distinction. (Osorio Tino v. Garland, 9/20/21)

CA9 Says BIA Did Not Abuse Its Discretion in Finding Petitioner’s 2016 Motion Was Untimely or in Declining to Sua Sponte Reopen

AILA: The court concluded that the BIA did not abuse its discretion in determining that the petitioner’s 2016 motion to reopen was untimely, nor did it commit legal error in declining to sua sponte reopen her case. (Cui v. Garland, 9/23/21)

CA9 Finds Inconsistencies in Petitioner’s Asylum and Visa Applications Were Sufficient to Support Adverse Credibility Determination

AILA: Where the petitioner claimed she was persecuted because of her membership in a house church that was not registered with the Chinese government, the court held that the BIA appropriately relied on two inconsistencies in making its adverse credibility determination. (Li v. Garland, 9/21/21)

CA9 Finds Convictions in Washington for Robbery and Attempted Robbery in the Second Degree Are Not Aggravated Felonies

AILA: Granting the petition for review, the court held that the petitioner’s convictions in Washington for robbery in the second degree and attempted robbery in the second degree did not qualify as aggravated felony theft offenses under INA §101(a)(43)(G), (U). (Alfred v. Garland, 9/22/21)

CA10 Holds That BIA Erred in Declining to Reopen Sua Sponte Based on Incorrect Legal Premise

AILA: Granting the petition for review and remanding, the court found that the BIA at least partly relied on a legally erroneous—and thus invalid—rationale for declining to exercise its sua sponte reopening authority. (Berdiev v. Garland, 9/21/21)

DC Circ. Lets Biden Proceed With Title 42 Migrant Expulsions

Law360: The D.C. Circuit on Thursday granted the Biden administration’s bid to stay a district court order that blocked the administration from expelling migrant families, providing it time to pursue an appeal of the ruling, which was slated to go into effect on Friday at midnight.

US Marshals Ordered To Stop Immigration Arrests

Law360: A D.C. federal judge banned U.S. Marshals in the nation’s capital from detaining criminal defendants based on suspicion related to their immigration status Thursday, ending a class action over the agency’s practice of holding individuals despite release orders.

District Court Finds TPS Parolee Is Eligible to Apply to USCIS for Adjustment of Status

AILA: Where USCIS had refused to adjudicate the adjustment of status application of the plaintiff, a Temporary Protected Status (TPS) recipient with advance parole, the court held that the plaintiff was an “arriving alien” who had executed his deportation order. (C-E-M- v. Wolf, et al., 9/29/21)

District Court Orders USCIS to Approve Plaintiffs’ Adjustment of Status Applications from Employment-Based Visa Allocations for FY2021

AILA: A federal district court in Mississippi held that plaintiffs had established unreasonable delay by USCIS in the adjudication of their adjustment of status applications, and ordered USCIS to adjudicate their applications before the end of FY2021. (Parcharne, et al. v. DHS, et al., 9/30/21)

District Court Reserves 6,914 DVs for Goodluck-Related Plaintiffs and 481 DVs for Goh Plaintiffs

AILA: The federal district court in D.C. ordered DOS to reserve 6,914 diversity visas (DVs) for adjudication pending final judgment for Goodluck-related plaintiffs, and to reserve 481 DVs for Goh plaintiffs to be issued by the end of FY2022. (Goh, et al. v. DOS, et al., 9/30/21)

Texas Migrant Detention Program Sees Courtroom Setbacks

Law260: A border-focused law enforcement initiative launched by Texas earlier this year suffered setbacks in a state court on Tuesday, with prosecutors agreeing to release dozens of immigrants being held in state custody and to completely drop charges against two of them.

Feds To Pay $1.2M Atty Fees After Migrant Kids Release Order

Law360: The Biden administration agreed to pay $1.15 million to attorneys who successfully advocated for the safe custody of migrant children held in border detention facilities, while the attorneys continued to push for additional fees for an appeal the administration abandoned.

EOIR Launches “Access EOIR” Initiative

AILA: EOIR announced its “Access EOIR” initiative, which attempts to raise representation for individuals appearing before immigration courts. New trainings under the Model Hearing Program are available, and recent EOIR efforts include the development of the Counsel for Children Initiative.

DHS Issues Updated Guidance on the Enforcement of Civil Immigration Law

AILA: DHS issued updated guidance on the enforcement of civil immigration law. Guidance is effective on 11/29/21 and will rescind prior civil immigration guidance.

DHS Announces Intention to Issue New Memo Terminating MPP

AILA: DHS issued a statement announcing that it “intends to issue in the coming weeks a new memorandum terminating the Migrant Protection Protocols (MPP).” However, DHS is moving forward with plans to restart the program pursuant to a district court order.

USCIS Provides Additional Guidance on Afghan Special Immigrant Conditional Permanent Residents and Non-SI Parolees

AILA: SAVE announced that DHS will admit Afghans as special immigrant (SI) conditional permanent resident status and CBP will admit Afghans as non-SI parolees. The memo describes both categories, the qualifications for either, the ways their status will be documented, and more.

DHS Automatically Extends TPS for Certain Syria EADs Through March 2022

AILA: DHS automatically extended the validity of certain EADs with a category code of A12 or C19 issued under TPS for Syria through 3/28/22. For Form I-9, TPS Syria beneficiaries may present qualifying EADs along with an individual notice issued by USCIS that indicates extension of EAD.

RESOURCES

AILA: Reminder: USCIS Updates Policy Guidance Requiring COVID-19 Vaccination at Immigration Medical Exams

AILA: Client Flyer: COVID-19 Vaccine for Individuals Filing Form I-693

AILA: Practice Alert: What Happens If the Government Shuts Down (2021 Edition)

AILA: Client Flyer: Travel Restrictions on U.S. Visas and Entry

AILA: Why Is Your Case Taking So Long? USCIS Processing Delays Have Now Hit Crisis Levels

AILA: Ethical Duties for Prosecutorial Discretion Requests

AILA: Liaison Update: Key Takeaways from September 2021 Chats with Charlie Oppenheim

Asylos

Somalie: Accès aux soins psychologiques (AFR2021-07)

Guatemala: Gang violence and impunity (AME2021-09)

China: Situation of destitute, mentally ill men (ASI2021-05)

Syria: Situation of lone elderly woman suffering from health conditions and access to daily care or assistance (MEN2021-11)

Lebanon: Hezbollah recruitment of Palestinian refugees (MEN2021-10)

Morocco: Rare genetic diseases (MEN2021-08)

Russian Federation: Dedovshchina; the state of religious minorities (CIS2021-06)

Hungary: Availability of services and support to persons with disabilities (CIS2021-05)

CLINIC: Summary of Proposed DACA Regulations

CLINIC: Guide to Client Documentation and Benefits for Afghan Parolees

CLINIC: Frequently Asked Questions: Form I-134

CLINIC: Frequently Asked Questions: Eligibility to Adjust if Started with Consular Processing

CLINIC’s State and Local Immigration Project 2021 State Immigration Legislation in Review

CLINIC: Fact Sheet: Immigration Court Considerations for Unaccompanied Children Who File for Asylum with USCIS While in Removal Proceedings, in Light of J.O.P. v. DHS, No. 19-01944 (D. Md. filed July 1, 2019)

DHS OIG: CBP Continues to Experience Challenges Managing Searches of Electronic Devices at Ports of Entry

HRF: Draconian Deadline: Asylum Filing Ban Denies Protection, Separates Families

ILRC: Deferred Action for Childhood Arrivals (DACA) Proposed Rule Breakdown

ILRC: Central American Minors Program

IRAP: Assistance from a Congressional Office Requesting in an Immigration Case

ORR Fact Sheet: Benefits for Cuban/Haitian Entrants Granted Parole

EVENTS

10/4/21 ASISTA’s Listening Session with the White House on the Development of a National Action Plan to End Gender-Based Violence

10/5/21 Intro to Prosecutorial Discretion

10/5/21 USCIS Virtual Listening Session on Public Charge Advance Notice of Proposed Rulemaking

10/5/21 Waiver Series: Working With Clients to Build Strong Waiver Cases

10/5/21 Waiver Series: Extreme Hardship and Discretion

10/6/21 Another Crisis at the U.S. Border: Haiti, Title 42, and Our Obligations Under International Law

10/6/21 Challenging Agency Delays in District Court

10/7/21 Introduction to Derivation of Citizenship

10/8/21 EOIR Model Hearing Series – RSVP to EngagewithEOIR@usdoj.gov no later than 5 p.m. on Sept. 24

10/12/21-10/28/21 40-Hour Overview of Immigration Law

10/13/21-10/14/21 2021 Annual NLG Convention Virtual CLE Seminar, “Immigration Defense Strategies: Lessons from the Criminal Defense Context”

10/13/21 Liberian Refugee Immigration Fairness Act: Updates 10/13/21

10/13/21 Immigration Defense Strategies Virtual CLE

10/13/21 Representing Stateless Individuals

10/14/21 Detention & Deportation System for Children and Youth

10/19/21 Waivers of inadmissibility in U, T and VAWA cases

10/19/21 Webinar Series: Putting the Case Together

10/19/21 The Categorical Approach Now

10/20/21 What is Happening with DACA?

10/20/21 U Visa and Bona Fide Determination Process for Victims of Qualifying Crimes: email public.engagement@uscis.dhs.gov by Sept. 24. Put “BFD” in the subject line.

10/26/21 Emerging Issues in Asylum Law

10/27/21 Challenging Expedited Removal and Reinstatement Orders

10/28/21 What’s Old Is New Again: “Hail Mary” Relief and Creative Lawyering Options That Are Back!

11/3/21 U Visa Adjustment

11/9/21, 11/16/21 Two-Part Introduction to Asylum Law and Procedure

11/10/21 Remedies for Surviving Relatives

11/11/21 Inadmissibility: A Look at Common Grounds and Red Flags

11/16/21 Advocating for Prosecutorial Discretion Under the Current Enforcement Priorities

11/16/21 Considerations for I-601A Waivers and I-212

11/18/21 Dealing with Post-Consular Interview Nightmares for Immigrant Visas

11/23/21 Establishing Social Group in Asylum Claims

11/29/21-12/3/21 Partial to Full Accredited Representative Initiative 2021

12/1/21 54th Annual Immigration and Naturalization Institute

12/2/21 Post-Conviction Relief For Immigrants: New Laws, New Developments, New Advice

12/7/21 Hardship in Non-LPR Cancellation Cases

12/9/21 December Immigration Update

12/15/21 FOIA

ImmProf

Monday, October 4, 2021

National Immigrant Integration Conference 2021 begins today (free virtual programming)

Announcing the 2022-2024 asylum law clinical fellowship at Georgetown Law

Viet4Afghans links Vietnamese with Afghan refugees

From the Bookshelves: Reluctant Reception by Lamis Abdelaaty (webinar Oct 15, 2021)

U.S. to Pay $1.2 Million in Attorneys Fees in Migrant Minors Case

Immigration activists follow Senator into bathroom, demanding action on reconciliation bill

Sunday, October 3, 2021

Poetry Break: This Matter by Haymanot

LatCrit XXI Biennial Conference, October 8-9

Saturday, October 2, 2021

Breaking down the Biden administration’s new immigration enforcement guidelines

Winner of Restless Books 2021 Prize for New Immigrant Writing

Friday, October 1, 2021

Professor Bob Chang Reflects on “Towards an Asian American Legal Scholarship”

ABA Programs for Helping Haitians

D.C. Circuit preserves administration’s ability to use Title 42 to expel migrant families

Guest Post by Carrie Rosenbaum: The Slippery Slope of Systemic Racism in Immigration Law – Del Rio

Thursday, September 30, 2021

JOTWELL trio of reviews on immigration scholarship

Data Brief: Gaps in Health Services for Immigrants

New Memo from DHS: Guidelines for the Enforcement of Civil Immigration Law

DHS Announces Intention to Issue New Memo Terminating MPP

Immigration Article of the Day, Growing Up in Authoritarian 1950s in East LA by Gerald P. López

Immigration Cases in the Supreme Court: The 2021 Term

Thursday, September 30, 2021

MacArthur Foundation Fellows 2021

At the Movies: No One Gets Out Alive (2021)

Greyhound must stop allowing immigration sweeps, pay $2.2 million to settle lawsuit

Wednesday, September 29, 2021

Immigration Article of the Day: A History of Anti-Asian Animus in America by Denis Binder

Report: Families of Missing Migrants: Their Search for Answers and the Impacts of Loss — Lessons Across Four Countries

Venezuelan migrants in Chile face fiery anti-immigration protests

The Clamor for Updating Registry Continues

Tuesday, September 28, 2021

Job Announcement: Center for Migration Studies

Webinar: Best Practices for Haitian TPS Applications – Oct 1, 2021

Immigration “Plan B”

Analyzing the Immigration Data

Vermont Supreme Court Applies Exclusionary Rule in Roving Patrol Case

Immigration Article of the Day: The End of Entry Fiction by Eunice Lee

Monday, September 27, 2021

Happy Hispanic Heritage Month!

Contested Boundaries: The Past, Present, and Future of US Citizenship (Oct 1, 2021) [UPDATED]

Biden Administration Pursues DACA Rulemaking

The Daily: “Another Crisis at the Border.”

DHS Secretary Mayorkas Defends Deporting Haitians, Calls Immigration System “Broken”

Immigration Article of the Day: The Call for the Progressive Prosecutor to End the Deportation Pipeline by Talia Peleg

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

Thanks, Elizabeth!

I’d go even further than the article in The Intercept. The Biden Administration was told by experts during the early Transition Period to make restoring order and the rule of law to the asylum system at our borders one of their highest priorities. That included reviving and expanding the USCIS Asylum Office, reopening legal ports of entry, replacing the BIA with qualified progressive expert Appellate Judges who understood asylum law and would establish practical humane precedents, bringing in progressive, dynamic progressive asylum leadership at both the DHS and DOJ, reopening legal border ports of entry, and instituting a robust refugee programs for the Northern Triangle and the rest of the Americas.

With a 10 week “head start,” these were neither rocket science nor unachievable. Instead the Administration dawdled and fumbled, treating asylum reform as an issue that would “just go away.” Once in office, Mayorkas, Garland, and Harris aggravated the problem by not making the obvious progressive personnel and structural changes necessary to restore the asylum and refugee systems.

Now, we have the worst of all worlds! Disorder at the border, cruelty and abuse of migrants, and folks like Harold Koh, who have the expertise, backbone, and creative solutions that Mayorkas and Garland so stunningly lack fleeing the Administration and speaking out against its inane and inhumane policies.

All so stupid! All so unnecessary! All so damaging to America and humanity!

🇺🇸Due Process Forever!

PWS

10-06-21

👍🏼PROGRESSIVE LEGAL ICON HAROLD KOH RIPS BIDEN’S BOGUS “STEPHEN MILLER LITE” XENOPHOBIC POLICIES, RESIGNS DOS POST, AMID A CRESENDO OF ADMINISTRATION LIES! — “I believe this Administration’s current implementation of the Title 42 authority continues to violate our legal obligation not to expel or return (“refouler”) individuals who fear persecution, death, or torture, especially migrants fleeing from Haiti.”

Harold H. Koh — Harold H,. Koh
American Legal Scholar
PHOTO: Wikipedia

Here’s a report from Politico:

https://www.politico.com/news/2021/10/04/top-state-adviser-leaves-post-title-42-515029

Here’s a key quote from Koh’s memo:

. . . .

I have spent much of my legal career, inside and outside the government, seeking to ensure that the United States abides by its non-refoulement obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), and the 1967 Protocol relating to the Status of Refugees (“Refugee Protocol”), which modifies and incorporates the terms of the 1951 Convention relating to the Status of Refugees (“Refugee Convention”). Article 3 of the CAT categorically prohibits State Parties from expelling, returning, or extraditing any person, without exception, to any State where there are “substantial grounds for believing he would be in danger of being subjected to torture.” Article 33 of the Refugee Convention, subject to certain narrow exceptions, flatly prohibits State Parties from expelling or returning (‘refouler’) refugees in any manner whatsoever to “the frontiers of territories” where their life or freedom would be threatened on one of [the designated grounds].

I write first, because I believe this Administration’s current implementation of the Title 42 authority continues to violate our legal obligation not to expel or return (“refouler”) individuals who fear persecution, death, or torture, especially migrants fleeing from Haiti. Second, my concerns have only been heightened by recent tragic events in Haiti, which had led this Administration wisely to extend temporary protected status (TPS) to Haitians already in the United States. Third, lawful, more humane alternatives plainly exist, and there are approaching opportunities in the near future to substitute those alternatives in place of the current, badly flawed policy.

. . . .

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

First, let me assure you that the DOS’s ridiculous claim that Koh’s departure was “long planned,” and its equally ludicrous suggestion that he would continue to play a meaningful role as a fake “consultant” is pure, unadulterated BS!💩 Indeed, I’d encourage the DOS Inspector General to investigate and report on just what are Koh’s new “consulting duties,” his compensation arrangements, and exactly what he produces after today!

You don’t hire high level Administration officials with “a long planned expectation” that they will depart in fewer than nine months. Come on, man, how dumb do you think we are?

Losing someone of Koh’s reputation and abilities is a huge, yet well deserved, “black eye” for an Administration that has ditched the progressive human right experts who helped them get into the dance in the first place!

And, for what? It’s not that so-called “moderates,” fickle “independents,” and GOP nativists have been lining up to congratulate Biden, Harris, Mayorkas, and Garland on their continuation of bogus, racially charged restrictionist policies at the border. Abandoning your stated values, dissing campaign promises, pissing off your allies, while still earning slings and arrows from your opponents has to be the world’s dumbest policy!

Second, what’s also pure unadulterated BS 💩 is the Administration’s assertion, unethically defended by Garland’s DOJ, that misuse and gross abuse of Title 42 in a cowardly attempt to thwart asylum seekers of color has anything whatsoever to do with science or public health.

The truth is is stark as it is ugly:

There was no science involved, only anti-immigrant and anti-asylum animus. “That was a Stephen Miller special. He was all over that,” a former Pence aide told the AP.

https://immigrationcourtside.com/2021/10/02/%f0%9f%a4%%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8fgarlnd-doj-polishes-otherwise-lackluster-litigation-record-with-big-win-for-stephen-miller-his-neo-nazi-anti-asylum-policy/

Of course there wasn’t! Even Stephen Miller didn’t pretend very hard that there was.

He just counted on a complicit Supremes and enough right wing toady judges afraid to do their jobs to get away with it. He was dead wrong about District Judge Emmet G. Sullivan.

But, in the end, that didn’t make any difference. Although he probably hadn’t predicted it, Miller found a key ally in “what me worry, not my family, only some non-white asylum seekers” AG Merrick Garland.

Alfred E. Neumann — Merrick Garland’s ancestors were saved! Why should he worry about the people of color he condemns without due process in his dysfunctional and biased Immigration “Courts” and by defending Stephen Miller’s neo-Nazi anti-asylum, White Nationalist border policies?
PHOTO: Wikipedia Commons

Garland inexplicably and despicably took up Miller’s unethical, illegal, and immoral cause and found some bad judges on the DC Circuit willing to help trash Black Haitians and other migrants of color. This was certainly not one of American law’s better episodes, as history will eventually document.

There is no sugar coating it! When it comes to treatment of asylum seekers of color at our Southern Border, the Biden Administration is carrying out the “Miller Lite” version of neo-Nazi Stephen Miller’s deadly White Nationalism. Shame!🤮 We’re no closer to a coherent, practical, moral, legal asylum policy at our Southern Border today than we were on Jan. 20!

As Koh points out, there have been better alternatives on asylum seekers and the border since day one of the Administration! They have just refused to take them!

Also, a complicit AG Garland who has consistently failed to stand up for the human and legal rights of migrants of color and to “just say no” to Stephen Miller’s illegal policies and contrived, clearly pretextual justifications, has been a major cause of this ongoing political, moral, legal, and humanitarian disaster.

🇺🇸Due Process Forever!

PWS

10-04-21

WHY BIDEN’S CRUEL, ILLEGAL, IGNORANT BORDER NON-POLICY OF DETERRENCE WILL CONTINUE TO BE A “KILLER ☠️FAILURE” 🤮 — Telling Folks “Doomed In Place” ⚰️ What They Already Know, That The Potential Life-Saving Trip Is “Dangerous” ⚠️ & That White America Would Rather See Them Die, 💀 Out Of Sight & Out Of Mind, Is As Insulting As It Is Stupid & Ineffective!

https://www.washingtonpost.com/local/filmmaker-darien-gap-black-migrant/2021/10/02/b0bbb85a-230b-11ec-8200-5e3fd4c49f5e_story.html

Theresa Vargas reports for WashPost:

. . . .

“I believe when I go to do this work, I need to integrate myself into the lives of the people I’m covering,” he says. “I don’t want them to see me as above them. We’re on the same level; we’re human.”

That context is needed to understand why Dennison entered the Darién Gap several weeks ago and why, unlike other photographers and videographers, he didn’t take any security guards with him.

That decision would end up giving him a different experience from that of others who have gone there to document the harrowing passage. They have left that jungle and come home with photos that show the horrific struggles of others. He almost didn’t leave the jungle, and he came home with only a fraction of the photos he took and with his own horrific story.

“What he’s been through is horrible and really disturbing,” says Erika Pinheiro, a lawyer who is the litigation and policy director of Al Otro Lado, an advocacy and legal aid organization that serves migrants, refugees and deportees on both sides of the U.S.-Mexico border. The organization has been working with Dennison to create a film that captures the experiences of U.S.-bound Black migrants.

“The only way to understand it is to see it, and that’s what he’s providing,” Pinheiro says. “It’s really important that people understand what’s happening, and that it’s not over in Del Rio.”

The Biden administration recently cleared out a border camp in Del Rio, Tex., where an estimated 15,000 migrants, most of them Haitian nationals seeking asylum, had gathered. The clearing out of the camp came after viral images and video footage showed Border Patrol agents on horseback grabbing migrants and charging at them. In one video, a young girl in a mint-green dress scrambles to get out of the way of a horse heading toward her.

President Biden decried the agents’ actions, and the Department of Homeland Security opened an investigation into the incident.

But what happened in Del Rio captures only part of what many Haitians experience to get to the United States. Many pass through the Darién Gap, some with children in tow and infants strapped to their backs or chests. Officials in Panama have said that a record 70,000 people traveled the 66 miles through the terrain this year.

Before going, Dennison did extensive research on what to expect: spiders with bites that can cause death within six hours, criminals who routinely rob travelers, and polluted water that if not filtered can sicken you. But nothing, he says, could have prepared him for what he experienced.

“When you’re in the jungle, you’re no longer a filmmaker,” he says. “You’re no longer a humanitarian. It becomes about survival.”

. . . .

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

Read the full story at the link.

Sad as truth is, it’s not rocket science:

Desperate people do (and will continue to do) desperate things;
For forced migrants, the dangers of staying will always exceed those of leaving;
“Die in place” isn’t a “policy;”
“Deterrence only” can’t work in the long run;
While institutionalized racism has a long history in U.S. immigration policy, it’s never been a good policy for America, nor will it ever be!

Honestly, where does the Biden Administration get these folks who don’t “get the obvious,” lie about it, and then expect good results?

Right now, after nearly eight months, the Biden Administration still appears to be in no better position to process the next border influx than they were on January 20, despite numerous warnings and eight months of graphic practical and humanitarian failures. Racially charged rhetoric and more cruel, wasteful, dishonest enforcement and removals won’t do it!

We need reopened legal border ports of entry staffed with more and better Asylum Officers overseen by a pragmatic progressive corps of expert Immigration Judges and a BIA composed of progressive asylum experts with the guts to knock heads and get our broken border legal system back to functionality. To state the obvious, that would promote consistency, transparency, and take some of the pressure off of the Article III Courts!

Because neither Mayorkas nor Garland is committed to taking the bold actions necessary to change the dynamics at the border, America, the Biden Administration, and vulnerable legal asylum seekers appear headed for another four years of avoidable failure with all of its unhappy human and political consequences!

🇺🇸Due Process Forever!

PWS

10-03-21

🤮🏴‍☠️GARLAND DOJ “POLISHES” OTHERWISE LACKLUSTER LITIGATION RECORD WITH BIG WIN FOR STEPHEN MILLER & HIS NEO-NAZI ANTI-ASYLUM POLICY! — “ There was no science involved, only anti-immigrant and anti-asylum animus.”

https://www.dailykos.com/story/2021/10/1/2055491/-Appeals-court-allows-Biden-admin-to-keep-deporting-families-under-Stephen-Miller-Title-42-policy

Gabe Ortiz reports for The Daily Kos:

On Thursday, a federal appeals court allowed the continued use of the Title 42 policy, pushed initially through the previous administration by Stephen Miller, that’s used the novel coronavirus pandemic as an excuse to quickly deport asylum-seekers, including thousands of Haitians who have arrived at the southern border in search of help.

The Biden administration was set to be blocked from using the policy against families, following a federal judge’s order earlier this month. That lower court order was set to go into effect Thursday. But the policy was saved by the Biden administration, which had shockingly appealed the lower court’s decision. To be clear, the administration could have let the lower court decision stand. But it decided to protect this scientifically unsound order for continued use.

“It’s troubling to see the court grant the government’s motion to reinstate Title 42 just days after the district court ruled that its policy violates U.S. law,” Oxfam America global policy lead Noah Gottschalk told NBC News. The group is among the organizations that have led lawsuits against the policy. “We all saw the horrific images of the abuse faced by Haitian asylum-seekers subjected to Title 42, and we cannot allow people to face further harm because of this xenophobic policy.”

Department of Homeland Security Sec. Alejandro Mayorkas has claimed it is continuing Title 42 “out of a public health need.” Meanwhile, White House Press Sec. Jen Psaki has defended the policy as “a public health requirement.” That’s complete bullshit. “Vice President Mike Pence in March directed the nation’s top disease control agency to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus,” The Associated Press (AP) reported last October.

The previous administration got its way by twisting arms. There was no science involved, only anti-immigrant and anti-asylum animus. “That was a Stephen Miller special. He was all over that,” a former Pence aide told the AP.

And, as vaccines have become readily available, the supposed rationale to keep Title 42 in place has only gotten more flimsy. If this is truly all about public health, why not rescind the policy and offer families the single-shot Johnson & Johnson vaccine? “Let me also remind the Biden administration that over 300,000 people cross the border from Mexico every day through ports of entry,” American Immigration Council Policy Counsel Aaron Reichlin-Melnick tweeted in July. “None are given COVID tests, unlike migrants who all get tested and nearly all get vaccinated.”

. . . .

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

Read more about this legal, moral, and political travesty perpetrated by the Biden Administration with Garland’s support at the link.

When it comes to things like defending ending the reprehensible “killer-program” known as “Remain in Mexico” or protecting the DACA program, Garland’s litigation team has fared poorly.

They also have drawn raised eyebrows, even if not yet any ethical complaints, from Article III Judges for their questionable representations and disingenuous defense of wrongfully issued BIA final orders of removal.

Perhaps, part the problem is that after four years of “anything goes” often misleading, sometimes downright dishonest, defense of the Trump/Miller White Nationalist xenophobic, often misogynistic, dehumanizing agenda, their hearts aren’t in it. The other glaring problem is the obvious lack of commitment to progressive humanitarian values, due process for all, and “cleaning house” at a broken and dysfunctional DOJ that has been shown by Garland.

Obviously, Garland’s DOJ lawyers are more at home and more successful when when arguing for intellectually dishonest and unconstitutional dehumanization (or “Dred Scottification”) of “the other,” primarily individuals of color who are the most vulnerable among us.

What a totally disgraceful legacy for a guy that was once just “one Moscow Mitch” away from the Supremes! On the other hand, it now appears that the GOP right wingers wouldn’t have had much to fear from a guy who won’t stand up for liberal American democratic values or even simple human decency! I doubt that he would have presented much threat to the far-right, anti-American agenda!

🇺🇸Due Process Forever!

PWS

10-02-21

🇺🇸🏴‍☠️RACE IN AMERICA: CARRIE ROSENBAUM “GETS IT,” EVEN AS MAYORKAS, GARLAND, HARRIS & THE OTHER BIDEN HYPOCRITES PRETEND NOT TO: “Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.”

Carrie’s guest blog in ImmigrationProf Blog should be be read and taken to heart by everyone who believes in a better, racially equal, America:

https://lawprofessors.typepad.com/immigration/2021/10/guest-post-by-carrie-rosenbaum-the-slippery-slope-of-systemic-racism-in-immigration-law-del-rio.html

Friday, October 1, 2021

Guest Post by Carrie Rosenbaum: The Slippery Slope of Systemic Racism in Immigration Law – Del Rio

By Immigration Prof

Share

The Slippery Slope of Systemic Racism in Immigration Law – Del Rio by Carrie Rosenbaum

When Senator Maxine Waters proclaimed that what we witnessed in Del Rio, Texas last week, Customs and Border Protection officers on horseback whipping black men, harkened back to slavery, she drew an age-old, but still relevant connection between slavery, Jim Crow, and anti-immigrant racism. In a press briefing, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas stated, “[w]e know that those images painfully conjured up the worst elements of our nation’s ongoing battle against systemic racism.” Yet, if both are right, where are our equality, anti-racism principles and why haven’t they been enough to dismantle systemic racism? Should U.S. anti-discrimination law inhibit anti-black and anti-immigrant racism, in the U.S. and at the border? Does it? Is there a slippery slope, such that undeterred discrimination against immigrants at the border seeps beyond the immediate individuals at the border?

Senator Waters was right to blur the boundaries of citizenship and rights in her speech. Racism begets racism, and racism towards black Haitians at the border translates to anti-black racism within the United States, just as anti-Mexican racism does not confine itself to noncitizens, and never has. Examples abound including obvious examples, like Latinx lynching of the late 1840s through 1920s (which coincided with lynching of Blacks), mass expulsion or “repatriation” of persons of Mexican descent that included U.S. citizens in the early 1920s and 1930s again via “Operation Wetback” in the 1950s and more subtle ones like exploitation and expropriation of Mexican and Central American farm workers and laborers, whether authorized or not, and colorblind or race neutral policies that fall most heavily, even if not completely, on persons from Mexico and Central America, like border jails.

While the Equal Protection clause of the U.S. constitution does not limit itself to citizens, it falls vastly short in protecting racialized people of color, especially immigrants. The U.S. treatment of Haitians in Del Rio implicates the problem of anti-black and anti-immigrant racism, and is indicative of the express and implicit bias that continues to evade remedy. It runs much deeper than the disturbing images of CBP agents on horseback, and its impacts have ripple effects.

At the same time that DHS Secretary Mayorkas decried systemic racism, he spelled out the government’s potential argument that the exclusion of Haitians, and Central Americans, and Mexicans that accompanies such brutal treatment was not discriminatory pursuant to the current state of immigration equal protection. He stated, “if we are able to expel them under Title 42 … we will do so” and announced that its application was “irrespective of the country of origin, irrespective of the race of the individual, irrespective of other criteria that don’t belong in our adjudicative process and we do not permit in our adjudicative process.”

Yet this is precisely how systemic racism flourishes. The reality is, this provision has been used to exclude the same racialized immigrants who have been subject to the worst treatment under immigration law. However, because the law is colorblind, Mayorkas can suggest that there was no discrimination. Pursuant to the Supreme Court’s 1977 Arlington Heights decision, discriminatory impact has to be accompanied by proof of discriminatory intent. Just by saying that wasn’t his (or implying it was not Congress’) intent, he can erase what too many know to be real. A new immigration priorities memo by the Agency released today stated that ““We must ensure that enforcement actions are not discriminatory and do not lead to inequitable outcomes.” It is a step in the right rhetorical direction, but does little to meaningfully address the colorblind racism that plagues enforcement.

What is the solution? Aside from a more expansive interpretation of the Equal Protection doctrine in line with Justice Sotomayor’s dissent in the Trump era Deferred Action for Childhood Arrivals case, and modest progress at the district court level in the crimmigration context, Congress could take steps to stop racial harm inflicted via immigration law and policy. By creating a path to legal status for those who not only have been here, but who have suffered the greatest harms of systemic racism, Haitian immigrants, Mexican immigrants, and others, Congress could start to undo the damage. It could also stop the relatively new practice of detaining or imprisoning migrants at the southern border, who happen to be almost entirely from Mexico and Central America, or abolish immigration prisons entirely. The policies that result in the imprisonment of Mexicans and Central Americans at the southern border now started with expulsion and imprisonment of Haitians in the 1980 and 1990s. Instead of expulsions and rumored potential imprisonment at the notorious Guantanamo Bay as was done in response to Haitians fleeing violence after the U.S. supported overthrow of democratically elected president, Jean-Bertrand Aristide, the U.S. could re-evaluate both its involvement in foreign affairs, and treatment of those who flee here after our interventions cause disruption and civil strife. The largest number of Black migrants come from Haiti and their mistreatment is rooted in anti-Black racism. Racializing anti-immigrant demonization does not confine itself to noncitizens, nor should the remedies. Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.

—–

Carrie Rosenbaum

Law Offices of Carrie L. Rosenbaum

Lecturer & Visiting Scholar, UC Berkeley

Access my law review articles and scholarship on SSRN

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

Very eloquently said, Carrie!

Compare this with the racist blather and White Nationalist nonsense of nativist pols like Abbott, DeSantis, Cruz, Cotton, and others who glorify Jim Crow and seek to force a sanitized, whitewashed version of American history down the throats of the public!

Also, compare this with the intellectually dishonest actions by Biden Administration officials. They disingenuously claim to be champions of racial equality and racial justice.

But, in reality, they operate “star chamber courts,” “New American Gulags,” and implement discredited, outmoded, and ineffective “Stephen Miller Lite” border enforcement policies that basically dehumanize people of color and deny them the due process and equal protection to which they are entitled under law. Also, think about the many Federal Judges who spinelessly enable that which most first year law students could tell you is illegal and unconstitutional, not to mention totally immoral!

What exactly does Assistant AG for Civil Rights Kristen Clarke do every day at the Civil Rights Division if unraveling the White Nationalist, racially tone deaf policies of her own Department, the DHS, and the “star chambers for people of color” being operated by her “boss” aren’t first and foremost on her “to do” list?

“Floaters”

“Floaters” — The ugly reality of Biden’s “Miller Lite border strategy.” It’s mostly people of color floating face-down in the river, being illegally returned to danger zones, rotting in the “New American Gulag,” and being railroaded through Garland’s biased and dysfunctional “star chamber courts.” Right now, Garland and and the rest of of the Biden Administration have “zero (0) credibility” on racial justice and voting rights!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

The biggest failure of the Biden Administration to date is their willful blindness to the obvious connection between lack of overall racial justice in America and running star chambers, gulags, and border enforcement policies that are unconstitutional, dehumanizing, and racially demeaning to individuals of color. Sadly, and tragically we seem to have gone from “zero tolerance” under Trump to “zero credibility” under Biden! “When will we ever learn, when will we ever learn?”

🇺🇸Due Process Forever!

PWS

10-02-21

🗽⚖️🇺🇸 JOIN MY FRIEND & NDPA SUPERHERO 🦸🏻 HEIDI ALTMAN OF NIJC IN OPPOSING INHUMANE HAITIAN DEPORTATIONS!

Haiti has been in turmoil for many years and the recent assassination of the Haitian president, political and economic insecurity, devastating storms, and an earthquake have further destabilized the nation.

Yet, Haitians seeking protection in the United States face treacherous journeys, racial abuse, violence from border patrol agents, detention, and deportation and expulsion back to the life-threatening situation they fled in Haiti.

All people—including Haitian migrants and asylum seekers—need freedom, shelter, dignity, and compassionate welcomes.

Take action now –> Sign the petition to demand that the Biden administration HALT all deportations to Haiti.

In the past couple of weeks, the Biden administration has expelled more than 4,600 people to Haiti. And they continue to deport and expel even more people.

The Biden administration has the authority to grant humanitarian parole and stop the deportations to Haiti. We at the National Immigrant Justice Center (NIJC) are teaming up with other organizations to urge them to do just that.

Join us in demanding that the Biden administration HALT all deportations to Haiti.

SIGN THE PETITION!

Thank you for taking a stand against cruelty and injustice.

-Heidi Altman
Director of Policy, National Immigrant Justice Center

Having trouble viewing this email? View it in your web browser

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

Thanks, Heidi, my friend, for all you do for American Justice, due process, and racial justice!

🇺🇸Due Process Forever!

PWS

10-01-21

🤮👎🏽FACT-CHECKING MAYOYKAS: 1) Haiti Is NOT Safe; 2) Asylum Seekers Are NOT A “Health Threat!”

Jacob Soboroff @ NBC News With Truth About Deplorable, Unsafe, Conditions Facing Those Deported To Haiti:

https://www.today.com/video/migrants-return-to-haiti-following-deportations-from-us-mexico-border-122368581881

Thousands of Haitian migrants removed from a makeshift camp near Texas have been sent back to Haiti. Now we’re getting our first up-close look at what they are facing upon their arrival. NBC’s Jacob Soboroff reports for TODAY from Port-au-Prince, Haiti.

Sept. 30, 2021

Eleanor Acer
Senior Director for Refugee Protection, Human Rights First

Human Rights First debunks myth that seekers present a COVID health threat:

ASYLUM DOES NOT THREATEN PUBLIC HEALTH

The last week saw more of the Biden administration’s despicable deportation of Haitians and use Title 42 to deny their right to seek asylum. The administration perpetuates the false claim that their use of Title 42 is not an immigration policy, but a public health one, despite the vehement disagreement of public health experts.

Courtesy Washington Times

Migrants, many from Haiti, wade across the Rio Grande

river to leave Del Rio, Texas to avoid possible deportation.

Human Rights First also responded to the administration’s plans to use Guantanamo Bay as a migrant detention facility.

“Sending people who are seeking protection to a place that is notorious for being treated as a rights-free zone is the last thing that the Biden administration should do,” Eleanor Acer, Senior Director of Refugee Protection at Human Rights First told NPR. “It is nothing more than a blatant attempt to evade oversight, due process, human rights protections and the refugee laws of the United States.”

Maria Sacchetti
Immigration Reporter, Washington Post

Even in rolling out otherwise more reasonable enforcement priorities for ICE, Mayorkas insisted on making the bogus claim that recent border arrivals present a “national security threat,” as reported by the WashPost’s Maria Sacchetti:

Mayorkas said in his memo Thursday that migrants who cross the border illegally, particularly those who arrived unlawfully over the past year or so, remain a “threat to border security” and a priority for removal. But the ACLU has argued in its lawsuit that migrants have a legal right to seek asylum.

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

“Courtside’s” rating of Mayorkas’s claims: 🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥

Who would have thought that more than eight months into the Biden Administration, we’d still be arguing about basics like “migrants have a legal right to seek asylum in the US?” See, INA section 208.

🇺🇸Due Process Forever!

PWS

10-01-21

🇺🇸Due Process Forever!

Related posts:

Joseph A. Vail Asylum Workshop shares valuable immigration insights in the era of the Biden Administration

🇺🇸Due Process Forever!

Related posts:

Nick Miroff & Arelis R. Hernandez report for WashPost:

🇺🇸Due Process Forever!

Related posts:

As reported on ImmigrationProf Blog:

🇺🇸Due Process Forever!

Related posts:

Biden’s immigration polices leave Haitians stranded in Mexico

Comments

Post a comment

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

Howard W. French in the LA Times:

From WashPost:

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

Here’s a report from Politico:

Here’s a key quote from Koh’s memo:

🇺🇸Due Process Forever!

Related posts:

Theresa Vargas reports for WashPost:

🇺🇸Due Process Forever!

Related posts:

Gabe Ortiz reports for The Daily Kos:

🇺🇸Due Process Forever!

Related posts:

Carrie’s guest blog in ImmigrationProf Blog should be be read and taken to heart by everyone who believes in a better, racially equal, America:

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

Jacob Soboroff @ NBC News With Truth About Deplorable, Unsafe, Conditions Facing Those Deported To Haiti:

Human Rights First debunks myth that seekers present a COVID health threat:

Even in rolling out otherwise more reasonable enforcement priorities for ICE, Mayorkas insisted on making the bogus claim that recent border arrivals present a “national security threat,” as reported by the WashPost’s Maria Sacchetti:

“Courtside’s” rating of Mayorkas’s claims: 🤥🤥🤥🤥🤥🤥🤥🤥🤥🤥

🇺🇸Due Process Forever!

Related posts: