"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
BTYB – Student Success, Equity, and Community and the Weissberg Program in Human Rights & Social Justice
The Office of Student Success, Equity & Community Ousley Scholar In Residency honors the legacy of Grace Ousley, the first black woman to graduate from Beloit College. It is a junior scholar/activist/organizer/intellectual committed to the theory and practice of social justice. They should embody the “academic hustler” who fights for “social justice” in all aspects of their work. Support for the residency comes from the Weissberg Program in Human Rights and Social Justice and the Office of Student Success. Equity & Community.
This promises to be a great program! And, the Ousley Residence Program is a fantastic contribution to educating and inspiring new generations of Americans about the many challenges still facing us in achieving social justice in our nation.
The abrogation of due process and dehumanization of people of color has, outrageously, become part of the dysfunctional U.S. Immigration Court System. The last Administration specifically encouraged and promoted this ugly, anti-democracy, phenomenon and then used it to spearhead an all-out assault on racial justice, gender equality, LGBTQ rights, religious tolerance, economic progress, voter rights, and humane progressive values throughout American society.
Unfortunately, many progressives have been slow to “connect the dots” and insist that meaningful social justice change start with fixing the racial and gender bias problems in our Immigration Courts, tribunals that are under the complete control of the Biden Administration!
For example, current Attorney General Merrick Garland rather incredibly claims to be standing up for women’s rights in Texas and defending voting rights for minorities while continuing to run misogynistic, regressive “Star Chambers” at EOIR, staffed with many judges hand-selected by Jeff Sessions and Billy Barr, and tossing vulnerable women refugees of color back across our Southern Border into harm’s way without any “process” at all, let alone “Due Process of Law.” Garland also continues to enable human rights abuses in the “New American Gulag” of DHS civil detention! We can see this process of dehumanization of the “other” before the law, called “Dred Scottification” by many of us, spreading throughout our legal system and being endorsed and “normalized” all the way up to the Supremes.
From the summary in the announcement above, it appears that Denea, based on her own inspiring life and achievements as a “Dreamer,” will help us to “connect the dots” between racial justice, immigrant justice, and equal justice for all. Immigrants’ Rights = Human Rights = Everyone’s Rights!
Anna Patchin Schmidt English Teacher Beloit Memorial High School Beloit, WI
2020 End of School Year Roundup From Beloit, Wisconsin
By Anna Patchin Schmidt
Courtside Exclusive
June 5, 2020. I almost couldn’t pull this off this year due to the realities of quarantine life. But here are my annual end-of-the-year reflections on education (and life)!
It has been a tumultuous school year in Beloit. We saw yet another superintendent come and go, but not before sustaining damage from his abusive leadership style and warped priorities. For a while the anonymous facebook profile “Jane Smith” stole our attention with a series of fascinating social media exposés. An election that coincided with a stay-at-home order and a brazen disregard for life and democratic values by state lawmakers, did at least result in some refreshing new faces on the school board. Meanwhile, a so-called “public” charter school has used the chance to sneak into town and garner support by exploiting the fears of white parents and the frustrations of parents of color.
And yet amidst the chaos and uncertainty of distance learning during a global pandemic, I actually think that we are in a better position than ever. Indeed, our current explosive national climate should be a wake up call that results in a renewed commitment to public education and a heightened awareness of its vital role in communities.
Earlier this year, long before the trauma induced by Covid-19 and George Floyd’s murder, I noticed a troubling narrative reflected in many conversations: “The School District of Beloit USED TO BE great,” or similarly, “The School District of Beloit is not the right place for my child ANYMORE.” Only now, in light of recent events, do I better understand what this narrative means. I can’t help but think that its unspoken truth is: “We never USED TO have to talk about race. We USED TO be able to push all this under the rug.”
If we are really serious about dismantling racism, as so many claim to be, then we need to get serious about supporting public schools. No doubt the public schools have a long-standing history of perpetuating systemic racism and oppression. I’m hardly suggesting that we ignore or accept the status quo. On the contrary, we still need the reforms inspired by activists that help our schools function better and thus serve all members of the community. This kind of activism could take many forms, including standing up to a corrupt school board member, pushing for teacher training on equity and trauma-informed instruction, promoting fair and representative hiring practices, or raising concerns about how bias influences individual and district-wide policies resulting in a disproportionate effect.
But instead of contributing towards positive change, many people opt out of public schools with the following justifications:
-“We are looking for a more rigorous curriculum.”
-“I’m concerned about all the behavior problems in public schools.”
-“I don’t think I should have to sacrifice my own child to make a political statement.”
-“We had a really bad experience with a teacher or principal.”
-“The school district doesn’t meet the individual needs of MY child.”
These types of explanations may not be racist in intent but, nevertheless, the results of these decisions do reinforce inequity.There are easy outs and self-serving options (for those few who have the resources to make these choices), but they do not hold up for those who are serious about being anti-racist. Private schools and charter schools will always be selective about who and how many students they serve. They continue to siphon funds away from public schools that desperately need them and their profit and successes are paid for by the struggle of others. We all live with a fair amount of hypocrisy in our lives. But the discrepancy between sharing black lives matter memes and then opting out of public school is just too much for me.
When I reflect on the sentiment that Beloit schools “used to be great,” I can’t help but think about the huge number of people marching at Horace White Park last Sunday, many of whom were our students. Their presence, their courage, and their sense of purpose is, for me, a marker of success and greatness and I’m proud to support them. While there are a growing number of fears I have for my own children as they grow up in this world, the value of their education in the School District of Beloit isn’t one of them.
*********************
Anna Patchin Schmidt is a High School English teacher in the Public Schools of Beloit, Wisconsin, where she lives with her husband, Professor Daniel Barolsky, and their three children Oscar, Eve, and Atticus, all of whom attend a bilingual program at Todd Elementary School, a Beloit Public School. Anna holds a B.A. and a B.Mus., both with honors, from Lawrence University in Appleton, Wisconsin where she was also a member of Phi Beta Kappa. She received her M.A. in Education from the University of Wisconsin-Oshkosh. She is also certified to teach English Language Learning and did so in the Menasha and Walworth, Wisconsin Public School Systems before joining the Beloit System. She and Daniel are dedicated members of the “Beloit Proud” Movement, and she is also a qualified Doula who has assisted in the delivery of several babies. Anna grew up in Alexandria, Virginia, where she attended Alexandria City Public Schools (as did her brothers, Wick & Will) and graduated from T.C. Williams High School (“Remember the Titans”) with honors, earning 12 varsity letters, rowing on several championship crew teams, and playing oboe in the T.C. Williams Band. She is our daughter.
There is a family separation that occurs long before an immigrant reaches America’s borders. It is no less wrenching than the ruptures that the Trump administration inflicted on thousands of children and parents last year as part of its “zero tolerance” policy against illegal entry, and may at times be even more painful, since it happens voluntarily. That is, if acts born of despair can ever be described as entirely voluntary.
In “A Good Provider Is One Who Leaves,” journalist Jason DeParle’s riveting multigenerational tale of one Filipino family dispersing across the globe, from Manila to Abu Dhabi to Galveston, Tex., and so many places in between, separation is a constant worry and endless toll. Parents leave their kids and country for years at a time so they can send back wages many multiples of what they previously earned. Children yearn for their parents, rebelling or wilting without them, while the youngest latch on to aunts and grandparents. Births, birthdays, weddings, illnesses, funerals — daily life slips by for the absent, imagined and unexperienced. Meanwhile, the government encourages the exodus; 1 in 7 laborers in the Philippines becomes an Overseas Filipino Worker (OFW), a status so common it rates not just an acronym but also an industry of private middlemen and government agencies managing a sector that accounts for one-10th of the country’s economy.
But the price is loneliness and longing. “The two main themes of Overseas Filipino Worker life are homesickness and money,” DeParle writes. “Workers suffer the first to get the second.” With immigration a central battleground in the Trump-era culture wars, and with the southern U.S. border and Hispanic influx dominating the political debate, this book provides crucial insight into the global scope, shifting profiles and, above all, individual sacrifices of the migrant experience.
DeParle, a New York Times reporter, tells the story of Emet, Tita and their daughter Rosalie, as well as their other children and grandchildren — a Manila family he first encountered and lived with for several months in the late 1980s. As a young reporter, DeParle wanted to better understand poverty, but in the Philippines, that meant learning about migration instead. The title of his book is also the Portagana family’s unofficial creed, a pained mix of self-affirmation and abnegation.
Emet cleaned pools in a government complex in the Philippines, earning $50 a month, barely enough to scrape by with his family in their Manila shantytown. When he has the chance to clean pools in Saudi Arabia for $500 per month, he takes it, while his wife of 14 years and their five children stay behind. “Ever since his orphaned childhood, all he had wanted was a family, but to support one, he had to leave it.” Tita cries when Emet departs, left to fend for herself and the family, rising at 4:30 a.m. to boil the breakfast rice, washing the school clothes every day, making every tough decision — does she pay for a doctor’s visit or for more food? — on her own.
When Emet first sends money, she cries again. “Tita stopped running out of fish and rice,” DeParle recounts. “She bought extra school uniforms so she didn’t have to wash every day. . . . After years of toothaches, she had seven teeth pulled and treated herself to dentures. . . . But the ultimate luxury was the family’s first bed.” She told Deparle how “I was ecstatic we could lay on something soft.”
New comforts are part of “migrant lore,” DeParle writes. Some analysts worry that remittances lead to consumerist splurges, but families receiving migrant income also invest in housing, health care and education. Migration serves as a tool of economic development, DeParle suggests, because of migrants’ enduring loyalty to the family back home. Of the 11 siblings in Tita’s own family, nine worked abroad, as did all five of Tita and Emet’s children. When DeParle returned to the Philippines two decades after having lived in Tita’s home, he saw that the family’s old straw huts had morphed into a compound of a dozen houses for various relatives — and the quality of the amenities bore a direct relationship to how long each owner had worked abroad. But an aging Emet still pondered the price, nostalgic for the days in the slum. “I was happier then,” he acknowledges, “because I was with my children.”
Rosalie, their middle child, emerges as the book’s itinerant protagonist, not simply because she becomes the clan’s essential breadwinner as a nurse in America but because, for DeParle, she embodies the new face of migration. “Since 2008, the United States has attracted more Asians than Latin Americans, and nearly half of the newcomers, like Rosalie, have college degrees. Every corner of America has an immigrant like her.” Long male-dominated, migration has been increasingly feminized, in part because of the demand for caregiving workers in rich countries, a need that women have disproportionately filled. “By the mid-1990s when Rosalie went abroad, nearly half the world’s migrants were women — more than half in the United States — and they increasingly went as breadwinners, not spouses.”
Rosalie was a quiet child and an average student who considered religious life in Manila — not necessarily someone you’d pick to make it through nursing school, move to Saudi Arabia and the United Arab Emirates for several years, and take and retake English-language tests until, after 20 years of working, she could obtain a visa to the United States, take on a night shift in a Galveston hospital and embrace suburban life. She is separated from her own children, just as she suffered years without Emet. Her eldest daughter grows attached to Rosalie’s sister Rowena as a sort of surrogate mother, calling her “Mama Wena” and struggling with her aunt’s absence after reuniting with Rosalie in Texas.
Having long operated as a far-flung family, Rosalie, her husband, Chris, and their three kids must not only learn to live in America — they have to learn to live together. DeParle’s examination of how the two daughters adapt to U.S. elementary schools, seeking to become more all-American than the Americans, even as their parents find solace in Texas’s Filipino immigrant networks, is a minor classic of the assimilation experience. He also reflects on the impact of communications technology on migrant communities: “Can assimilation survive Skype?” DeParle wonders, seeing how it eases transitions by helping relatives stay in touch across time zones but also lengthens and deepens immigrants’ ties with the old country.
After all, even when you’ve left, you’re never entirely gone. Any health crisis among her extended family in the Philippines results in new bills for Rosalie to cover from afar. Chronically exhausted at the hospital — where Filipino nurses feel they get shorthanded shifts and sicker patients — she must also deal with the insecurities of her suddenly stay-at-home husband, whose masculine self-perception suffers in the face of his provider-wife. (“Would you be ashamed of Daddy if I worked as a janitor?” Chris asks the kids as he seeks a job in Galveston.) DeParle highlights this “inversion” of traditional gender roles in the modern migrant experience. For women, “migration elevated their incomes, raised their status, and increased their power within their marriages,” he writes. “But it also took many away from their children, often to care for the children of others, and elevated the risks of abuse.”
DeParle has a gift for distilling complexity into pithy formulations. “Migration is history’s ripple effect,” he writes, noting how U.S. colonialism led to the establishment of the Philippines’ first nursing schools, an industry that would propel Rosalie to America a century later. He also aptly captures the United States’ conflicted feelings about immigrants, a mix of resentment and need. “Unwelcomed is not the same as unwanted,” he explains simply. And the ominous U.S. Embassy in Manila, the repository of so much hope and so many fears for Filipino visa seekers, is “the gateway to opportunity, but marines guard the gate.” The book is packed with insights masked as throwaway lines — lines that convey so much.
So I wish DeParle had conveyed more about his own role in the story of this remarkable family. “Our relationship defies easy categorization; it’s part author-subject, part old friends,” he writes, likening himself to a big brother for Rosalie and uncle to her kids. “This was a journalistic endeavor but not an entirely arm’s-length one,” DeParle admits. “Occasionally my presence shaped events I was trying to record.” Some of these events were crucial. He gets Rosalie an English tutor for her exams. He spends hours on the phone helping Rosalie practice for her interview with the Galveston hospital. Most essential, he intervenes when bureaucratic scheduling nearly derails a final visa approval. “I was there as a journalist, not an advocate,” he writes. “But Rosalie had been waiting for twenty years.” So he helps by speaking with a U.S. Foreign Service officer. It is an entirely humane impulse, and DeParle stresses that the determination that got Rosalie to America “is hers alone.” But the author’s unexpected appearances complicate and at times confuse his narrative.
“A Good Provider Is One Who Leaves” has political implications without being an overtly political work. Yes, DeParle’s sympathies are clear. “Rosalie’s experience was a triple win: good for her, good for America, and good for her family in the Philippines,” he writes. “Migration was her vehicle of salvation. It delivered her from the living conditions of the nineteenth century. It respected her talent, rewarded her sweat, and enlarged her capacity for giving.” He also stresses how Filipino immigrants thrive in America, with more education, higher employment, and lower poverty and divorce rates than the native-born.
Yet he mainly calls for calm and compromise around the immigration debates. “Be wary of seeing the issue in absolutist terms,” DeParle warns. He worries that if immigration becomes entrenched as another American culture war, like those over guns or abortion rights, its supporters will have more to lose. The warning comes under a Trump administration that has defined itself through its offensive against migrants, not just rewriting policies but seeking to write immigration out of the American tradition. On this point, DeParle offers a devastating rebuttal in another simple line.
“It’s good,” he concludes, “for your country to be the place where people go to make dreams come true.”
This story reminds me of the dramatic presentation about her own family’s immigrant experience delivered by my friend and co-teacher Professor Jennifer Esperanza of Beloit College during our recent Bjorklunden Seminar on American Immigration.I’ve posted it before, but here it is again.https://www.youtube.com/watch?v=OEODrtuj_Pk&t=323s
One of the points Jenn makes is how she channeled the challenges of her childhood into learning that led to a lifetime of success and high achievement.
Björklunden enjoys a loyal following among Door County residents and visitors, as well as Lawrence University alumni, parents and friends. The Boynton Society was formed to celebrate Björklunden and to secure financial backing for its programs. Those who support the mission of Björklunden make the Lawrence University Student Seminar programs possible for over 650 students each year as well as provide opportunities for the Lawrence University Conservatory of Music to perform in Door County.
Many Boynton Society members have attended summer seminars or spent time at the lodge during their years at Lawrence. Anyone who has been to Björklunden would agree that the experience can be life changing. Boynton Society members help to make sure that visitors of all ages will be able to enjoy the treasure that awaits as they venture into the “birch forest by the water” for years to come.
Who Chairs the Boynton Society:
Jone (LU’72) & Jeff (LU’70) Riester Co-Chairs, The Boynton Society
PROGRAM NOTE: Jeff and I were in the same class at LU, attended the Lawrence Campus in Boennigheim together, overlapped at Wisconsin Law, and lived to tell about it.
Who were the Boyntons and how did they relate to Lawrence University:
The Björklunden Tradition
Björklunden* vid Sjön, Swedish for “Birch Grove by the Lake” is a 425-acre estate on the Lake Michigan shore just south of Baileys Harbor in picturesque Door County. A place of great beauty and serenity, the property includes meadows, woods, and more than a mile of unspoiled waterfront.
Björklunden was bequeathed to Lawrence University in 1963 by Donald and Winifred Boynton of Highland Park, Illinois. The Boyntons made the gift with the understanding that Björklunden would be preserved in a way that would ensure its legacy as a place of peace and contemplation. Winifred Boynton captured the enduring spirit of Björklunden when she said of her beloved summer home: “Far removed from confusion and aggression, it offers a sanctuary for all.”
Since 1980, Lawrence has sponsored a series of adult continuing-education seminars at Björklunden, interrupted only by a 1993 fire that destroyed the estate’s main lodge. In 1996, construction was completed on a new and larger facility, and the Björklunden Seminars resumed. The magnificent lodge and idyllic setting create a peaceful learning environment. Seminars address topics in the arts, music, religion, history, drama, nature, and more. Seminar participants may enjoy a relaxing week’s stay at the lodge or are welcome to commute from the area.
Throughout the academic year, groups of Lawrence students and faculty come to Björklunden for weekend seminars and retreats. Each student at Lawrence has the opportunity to attend a student seminar at Björklunden at least once during their studies. Student seminars provide the opportunity to explore exciting themes and issues and the time and the environment in which to embrace those ideas and their consequences. The magic of a Björklunden weekend is in the connection between thought and reflection. Making that connection fulfills one ideal of a liberal education.
The two-story Björklunden lodge is a magnificent 37,000 square-foot structure containing a great room, muti-purpose and seminar rooms, dining room and kitchen, as well as 22 guest rooms. The lodge accommodates a wide variety of seminars, meetings, conferences, receptions, family gatherings, musical programs and other special events and is available for use throughout the year. In addition to the main building, the Björklunden estate also includes a small wooden chapel built in a late 12-century Norwegian stave church (stavkirke) style, handcrafted by the Boyntons between 1939 and 1947.
What does the hand-crafted Boynton chapel look like today:
Boynton Chapel BjorklundenInside the Boynton Chapel BjorklundenInside the Boynton Chapel BjorklundenInside the Boynton Chapel Bjorklunden
What did I say in my Lecture:
NOTE: This written version contains “bonus material” that was cut from the live presentaton in the interests of time.
“INTO THE MAELSTROM” — UNDERSTANDING AMERICAN IMMIGRATION IN THE AGE OF TRUMP
BOYNTON SOCIETY LECTURE
LAWRNCE UNIVERSITY, BJORKLUNDEN, CAMPUS
BAILEY’S HARBOR, WISCONSIN
August 10, 2019
Greetings, and thank you so much for coming out to listen this beautiful afternoon on a topic that has consumed my post-Lawrence professional life: American Immigration.
Whether you realize it or not, immigration shapes the lives of each of us in this room. It will also determine the future of our children, grandchildren, and following generations. Will they continue to be part of a vibrant democratic republic, valuing human dignity and the rule of law? Or, will they be swept into the maelstrom as our beloved nation disintegrates into a cruel, selfish, White Nationalist kleptocracy, mocking and trampling most of the principles that we as “liberal artists” grew up holding dear.
“The Maelstrom” Bjorklunden“The Maelstrom”
Many of you have thought about this before in some form or another. Indeed, that might be why you are here this afternoon, rather than outside frolicking in the sunlight. But, for any who don’t recognize the cosmic importance of migration in today’s society, in the words of noted scholar and country music superstar Toby Keith, “It’s me, baby, with your wake-up call.”
040601-N-8861F-003 Naval Support Activity Naples, Italy (Jun. 1, 2004) – Country singer Toby Keith sings at a recent United Service Organization (USO) sponsored concert held at Naval Support Activity, Naples, support site in Gricignano. Keith, joined by rock legend Ted Nugent will also be traveling to Germany, Kosovo and the Persian Gulf during the tour. U.S. Navy photo by Photographer’s Mate 2nd Class Lenny Francioni (RELEASED)
For, make no mistake about it, civilization is undergoing an existential crisis. Western liberal democracy, the rule of law, scientific truth, humanism, and our Constitutional guarantees of Due Process of law for all are under vicious attack. Evil leaders who revel in their anti-intellectualism and pseudo-science have shrewdly harnessed and channeled the powerful cross currents of hate, bias, xenophobia, fear, resentment, greed, selfishness, anti-intellectualism, racism, and knowingly false narratives to advance their vitriolic program of White Nationalist authoritarianism, targeting directly our cherished democratic institutions. And, their jaundiced and untruthful view of American immigration is leading the way toward their dark and perverted view of America’s future.
As fellow members of the Boynton society, I assume that all of you are familiar with our beautiful chapel, painstakingly hand-constructed by Winifred Boynton and her husband Donald – a true labor of love, optimism, humanitarianism, and respect for future generations. Here are the words of Winifred Boynton:
Boynton Chapel Bjorklunden Door County, WI
During those years the chapel was in the building, the world was being torn apart by the hatred and fighting of a war and we realized the tremendous need for centers of peace and Christian love for our fellow man. . . . We found ourselves selecting moments of great joy for the large murals. And, the decision to dedicate the chapel to peace was the natural culmination. [Ruth Morton Miller, Faith Built a Chapel, Wisconsin Trails, Summer 1962, at 19, 21-22]
Donald and Winifred Boynton
If Winifred were among us today, in body as well as spirit, she would approve of the learning, humane values, and concern for our fellow man fostered through our seminars this week and this program.
For those of you who weren’t able to join us this week, here are some of the “ripped from the headlines” items that we discussed in the American Immigration and Culture Seminar led by my good friend, the amazing Jennifer Esperanza, Professor of Cultural Anthropology at Beloit College, herself a first generation American whose family came from the Philippines, and me.
Professor Jennifer Esperanza Beloit College Anthropology Department
From Sunday’s Wisconsin State Journal: “Trump’s stamp on immigration courts; recent trend in judges is former military and ICE attorneys” and “Swamped courts fast-tracking family cases: Speeding up hearings aims to prevent migrant families from setting down roots while they wait to find out whether they qualify for asylum.”
From Monday’s Los Angeles Times: “’As American as any child:” Defunct citizenship query may still lead to Latino undercount.”
From Wednesday’s El Paso Times: “Mr. President, the hatred of the El Paso shooting didn’t come from our city: When you visit today, you will see El Paso in the agony of our mourning. You will also see El Paso at its finest.”
From Thursday’s New York Times: “Climate Change Threatens the World’s Food Supply, United Nations Warns.”
From Thursday’s Huffington Post: “Children Left without Parents, Communities ‘Scared to Death’ After Massive ICE Raids.”
From Friday’s Washington Post: “The poultry industry recruited them. Now ICE raids are devastating their communities: How immigrants established vibrant communities in the rural South over a quarter century.”
And, finally, check these out from today’s Washington Post: “When they filed their asylum claim, they were told to wait in Mexico – where they say they were kidnapped;” and “ICE raids target workers, but few firms are charged;” and “Pope Francis again warns against nationalism, says recent speeches sound like ‘Hitler in 1934.’”
Just before I came to deliver this lecture, I was on the phone with Christina Goldbaum of the New York Times who is writing an article on the Administration’s efforts to “break” the Immigration Judges’ union (of which I am a retired member) which will appear tomorrow.
Christina Goldbaum Immigration Reporter NY Times
Now, this is when, “in former lives,” I used to give my comprehensive disclaimer providing “plausible deniability” for everyone in the Immigration Court System if I happened to say anything inconvenient or controversial – in other words, if I spoke too much truth. But, now that I’m retired, we can skip that part.
IMPORTANT WARNING ENTERING NO BS ZONE
Nevertheless, I do want to hold Lawrence, the Boynton Society, Mark, Alex, Kim, Jeff & Joanie, you folks, and anyone else of any importance whatsoever, harmless for my remarks this afternoon, for which I take full responsibility. No party line, no bureaucratic doublespeak, no “namby-pamby” academic platitudes, no BS. Just the truth, the whole truth, and nothing but the truth, of course as I see it, which isn’t necessarily the way everyone sees it. But, “different strokes” is, and always has been, an integral part of the “liberal arts experience” here at Lawrence.
But, that’s not all folks! Because todayis Saturday, this is Bjorklunden, and youare such a great audience, I’m giving you my absolute, unconditional, money-back guarantee that thistalk will be completely freefrom computer-generated slides, power points, or any other type of distracting modern technology that might interfere with your total comprehension or listening enjoyment. In other words, I am the “power point” of this presentation.
Executive Summary
I will provide an overview and critique of US immigration and asylum policies from the perspective of my 46 years as a lawyer, in both the public and private sectors, public servant, senior executive, trial and appellate judge, educator, and most recently, unapologetic “rabble rouser” defending Due Process and judicial independence.
I will offer a description of the US immigration system by positing different categories of membership: full members of the “club” (US citizens); “associate members” (lawful permanent residents, refugees and asylees); “friends” (non-immigrants and holders of temporary status); and, persons outside the club (the undocumented). I will describe the legal framework that applies to these distinct populations and recent developments in federal law and policy that relate to them. I will also mention some cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and Constitutional rights that extend to non-citizens.
Click this link to continue with the full version of the speech:
Three members of the fantastic Lawrence undergraduate student staff who attended the lecture told me afterward “We’re joining your ‘New Due Process Army.’” Thus, the “Brjorklunden Brigade of the NDPA” is born!
What did the Society members do after the “serious stuff” was over?
Partied, of course:
Who runs Bjorklunden?
Mark Breseman (LU ’78) Executive DirectorKim Eckstein Operations ManagerAlex Baldschun Assistant DirectorJeff Campbell Head ChefMark Franke General Maintenance MechanicLynda Pietruszka Staff Assistant/Weekend Manager
How can you join the Boynton Society or participate in future programs at Bjorklunden (you to not have to be a Lawrence University graduate, student, or otherwise affiliated with the University)?
BJORKLUNDEN REPORT, PART I: “American Immigration: A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issues Dominating Our National Dialogue”
I had the pleasure of co-teaching this course with my good friend Professor Jennifer Esperanza of the Beloit College Anthropology Department. The venue was Lawrence University’s amazing Northern Campus, known as Bjorklunden, on the wildly beautiful shores of Lake Michigan in Door County, Wisconsin, from August 4-9, 2019. This was a “derivative” of an immigration component of a summer session of Jenn’s class for undergraduates at Beloit. This time we had a group of 15 enthusiastic, well-informed post graduate students from a variety of professional backgrounds.
Here’s what we set out to achieve:
Class Description:
All Americans are products of immigration. Even Native Americans were massively affected by the waves of European, involuntary African-American, Asian, and Hispanic migration. Are we a nation of immigrants or a nation that fears immigration? Should we welcome refugees or shun them as potential terrorists? Do we favor family members or workers? Rocket scientists or maids and landscapers? Build a wall or a welcome center? Get behind some of the divisive rhetoric and enter the dialogue in this participatory class that will give you a chance to “learn and do” in a group setting. Be part of a team designing and explaining your own immigration system.
Class Objectives:
_Understand how we got here;
_Understand current U.S. immigration system and how it is supposed to work;
_Learn more about the various lived experiences of immigrants and refugees through their personal stories and ethnographic accounts
_Develop tools to become a participant in the ongoing debate about the future of American immigration;
_Get to know a great group of people, enjoy Door County, and have some fun in and out of class
Here are our “five major themes:”
Day 1: An Introduction to Immigration (From the Top Down and the Bottom Up)
Highlight: Getting the “immigration histories” of the participants
Day 2: Labor Migration: Push/Pull Factors
Highlight: Stories and examples of the “hard-work culture” created by various groups of hard-working immigrants to the U.S. both documented and undocumented with a particular emphasis on the culture created by Hispanic restaurant workers
Day 3: “Making Home”
Highlight: Watching and discussing NPR broadcast on German immigrants in rural Wisconsin which related directly to the family histories of many of us in the class (including me)
My coverage of the entirety of refugee history and modern U.S. refugee and asylum laws in 70 minutes (favorite student comment/compliment: “I expected this to be deadly, but it wasn’t.”)
Day 5: Contemporary Issues: The Future of Immigration, Refuges, & Asylum
Highlight: The class presentations of the famous (or infamous) “Mother Hen v. Dick’s Last Resort” “Build Your Own Refugee System” Exercise
Here’s the complete Course Outline (although admittedly we varied from this when necessary):
Jenn and I thank you for joining us. We’ve had our “Last Supper” and our “Final Breakfast” here at beautiful Bjorklunden. That means that our time together is ending.
In five days, we have completed a journey that began on Monday with hunter-gatherers in Africa thousands of years ago, and ends inside today’s headlines about ripping apart families in Mississippi and trying to develop better approaches to refugees: individuals who are an integral part of the human migration story as old as man, and who will not be stopped by walls, prison cells, removals, or cruel, inhuman, and degrading treatment or rhetoric from our so-called “leaders.” On the way, we wound through our own rich immigration heritages and personal stories about how migration issues continue to shape our lives, including, of course, bringing this wonderful group together in the first place.
Jenn shared with you some very personal stories about her own family’s recent immigration experiences and how it shaped, and continues to mold her own life and future. I introduced you, at least briefly, to a key part of my own life, the U.S. Immigration Court, the retail level of our immigration system, where “the rubber meets the road” and where the maliciously incompetent actions of unqualified politicos have created “Aimless Docket Reshuffling” and made a bad joke out of the precious Constitutional right to Due Process under law for all in the U.S. regardless of status or means of arrival.
Our lively class discussions have not been “merely academic,” but real and practical. We have discussed real life scenarios literally “ripped from today’s headlines,” involving real people and real human dilemmas, including the challenges facing those whose job it is to ensure that justice is served. Although this class is done, the learning, the intense human drama, and the “living theater” of American immigration will continue.
Jenn and I have enjoyed working with all of you over this week. The past five days have certainly been a high point for us this summer.
We have communicated our shared values of fairness, scholarship, timeliness, respect, and teamwork! And, we hope that our ability to bond and bridge generational, age, academic, gender, professional, cultural, and geographic gaps to bring you this learning experience has served as a “living example” of how those shared values play out in “real life.”
For me and others like me, our “time on the stage” is winding down. Others, like Jenn and Chuck, are still very much engaged in the production. Still others, like Mary’s inspiring grandchildren, Jenn’s boys, and my eight grandchildren, are “waiting in the wings” to take the stage and assume their full roles in the ongoing drama of human history.
Our hope and challenge for each of you is that no matter where you are in the process of lifelong learning and doing, you will reach your full potential as informed, caring, and compassionate human beings, and that you will continue to strive to make our world a better place! We also hope that something that you have learned in this class will make a positive difference in your life or the life of someone you care about.
Thanks again for inviting us into your lives, engaging, participating, and sharing. Journey forth safely, good luck, and may you do great things in all phases of life!
Here’s our “Class Photo” taken on the deck outside the Lakeside Seminar Room where we met:
Left to right: Steve Handrich, Judge Charlie Schudson, Nancy Behrens, Mary Poulson, Jeff Riester (fellow LU ’70), Chuck Meissner, Genie Meissner, Chuck Demler (LU ’11, Associate Director of Major and Planned Giving), Greta Rogers, Me, Professor Jennifer Esperanza (Beloit College), Renee Boldt, Susan Youngblood, Chris Coles, Cynthia Liddle, Fred Wileman (my cousin), Mary Miech
Here are some shots of Bjorklunden:
Bjorklunden — A Different WorldBjorklunden LodgeLooking South Along Lake Michigan ShoreExploring the Ice Age With “Naturalist Jane”AM on Lake Michigan Looking North Toward Bailey’s HarborMoon Over Lake MichiganLooking East
And, this is Jenn and me conducting our “exit session” @ the Door County Brewing Co. in Bailey’s Harbor:
“Oh, the beauty of exam-free teaching!”
Thanks again to Mark Breseman (LU ’78), Executive Director; Kim Eckstein, Operations Manager; Alex Baldschun, Assistant Director; Jeff Campbell, Head Chef; Mark Franks, General Maintenance Mechanic; Lynda Pietruszka, Staff Assistant/Weekend Program Manager, and, of course, the amazing, brilliant, personable, and talented LU student staff at Bjorklunden for taking care of our every need and making everything work.
The student staff basically runs the place from an operational standpoint. While many universities brag about their hotel and hospitality management programs, as far as I could see the student staff at Lawrence was getting great “hands on” experience and training in hospitality management from the ground up. How do I know? Well, in the “corporate phase” of my career, I represented some of the largest international hotels and hospitality corporations in the world. The “hands on” training that these students were getting appeared to be very comparable to those of well-known hotel management programs and just the type of skills that major hotel chains are always looking for in their executives and managers.
Special thanks to Alex and Kim, for emergency copying and technical services; to Kim for showing me the only “Level 2” Electric Vehicle Charger in Bailey’s Harbor (I’ve recommended that as a proudly eco-friendly institution Lawrence install Level 2 EV Chargers and dedicated plugs for Level 1 EV Chargers in convenient locations on both the Appleton and Northern Campuses); to Jeff for giving me tasty vegan options for every meal; and to Lynda and Mark Franks for their general cheerfulness and “can do” attitude. I also appreciate the student staff who resided on my corridor for putting up with my constant whistling.
I thank Chuck Demler for getting me involved in the Bjorklunden teaching program. I am indebted to Jeff Riester for not sharing his recollections (if any) of our time together as undergraduates at Lawrence with particular reference to our two terms at the Lawrence Overseas Campus then located in Boennigheim, Germany.
Finally, thanks to my good friend and professional teaching colleague Professor Jenn Esperanza of Beloit College (who also happens to be “best buds” with my daughter Anna and her husband Daniel, a fellow Professor at Beloit College) for undertaking this adventure together and being willing to share so much of her very moving and relatively recent personal experiences with immigration and being part of the “American success story.” Jenn and I appreciated the enthusiastic participation of all the members of our group and their signing up for our class.
This paper critiques US immigration and asylum policies from perspective of the author’s 46 years as a public servant. It also offers a taxonomy of the US immigration system by positing different categories of membership: full members of the “club” (US citizens); “associate members” (lawful permanent residents, refugees and asylees); “friends” (non-immigrants and holders of temporary status); and, persons outside the club (the undocumented). It describes the legal framework that applies to these distinct populations, as well as recent developments in federal law and policy that relate to them. It also identifies a series of cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and Constitutional rights that extend to non-citizens. It makes the following asylum reform proposals, relying (mostly) on existing laws designed to address situations of larger-scale migration:
The Department of Homeland Security (DHS) and, in particular, US Citizenship and Immigration Services (USCIS) should send far more Asylum Officers to conduct credible fear interviews at the border.
Law firms, pro bono attorneys, and charitable legal agencies should attempt to represent all arriving migrants before both the Asylum Office and the Immigration Courts.
USCIS Asylum Officers should be permitted to grant temporary withholding of removal under the Convention Against Torture (CAT) to applicants likely to face torture if returned to their countries of origin.
Immigration Judges should put the asylum claims of those granted CAT withholding on the “back burner” — thus keeping these cases from clogging the Immigration Courts — while working with the UNHCR and other counties in the Hemisphere on more durable solutions for those fleeing the Northern Triangle states of Central America.
Individuals found to have a “credible fear” should be released on minimal bonds and be allowed to move to locations where they will be represented by pro bono lawyers.
Asylum Officers should be vested with the authority to grant asylum in the first instance, thus keeping more asylum cases out of Immigration Court.
If the Administration wants to prioritize the cases of recent arrivals, it should do so without creating more docket reshuffling, inefficiencies, and longer backlogs
My long-time friend Don Kerwin, Executive Director of CMS, has been a “Lt. General of the New Due Process Army” since long before there even was a “New Due Process Army” (“NDPA”). Talk about someone who has spent his entire career increasing human understanding and making the world a better place! Don is a great role model and example for newer members of the NDPA, proving that one can make a difference, as well as a living, in our world by doing great things and good works! Not surprisingly, Don’s career achievements and contributions bear great resemblance to those of our mutual friend, the late Juan Osuna.
So, when Don asked me to consider turning some of my past speeches about our immigration system and how it should work into an article to honor Juan, I couldn’t say no. But, I never would have gotten it “across the finish line” without Don’s inspiration, encouragement, editing, and significant substantive suggestions for improvement, as well as that of the talented peer reviewers and editorial staff of JMHS. Like most achievements in life, it truly was a “team effort” for which I thank all involved.
Those of you who might have attended my Boynton Society Lecture last Saturday, August 10, at the beautiful and inspiring Bjorklunden Campus of Lawrence University on the shores of Lake Michigan at Bailey’s Harbor, WI, will see that portions of this article were “reconverted” and incorporated into that speech.
Also, those who might have taken the class “American Immigration, a Cultural, Legal, and Anthropological Approach” at the Bjorklunden Seminar Series the previous week, co-taught by my friend Professor Jenn Esperanza of The Beloit College Anthropology Department, and me had the then-unpublished manuscript in their course materials, and will no doubt recognize many of the themes that Jenn and I stressed during that week.
Perhaps the only “comment that really mattered” was passed on to me by Don shortly after this article was released. It was from Juan’s wife, the also amazing and inspiring Wendy Young, President of Kids In Need of Defense (“KIND”):“Juan would be truly honored.”
Donald M. Kerwin Executive Director Center for Migration StudiesJuan P. Osuna (1963-2017) Judge, Executive, Scholar, Teacher, Defender of Due ProcessWendy Young President, Kids In Need of Defense (“KIND”)Me
A Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issue Dominating Our National Dialogue. All Americans are products of immigration. Even Native Americans were massively affected by the waves of European, involuntary African-American, Asian, and Hispanic migration. Are we a nation of immigrants or a nation that fears immigration? Should we welcome refugees or shun them as potential terrorists? Do we favor family members or workers? Rocket scientists or maids and landscapers? Build a wall or a welcome center? Get behind some of the divisive rhetoric and enter the dialogue in this participatory class that will give you a chance to “learn and do” in a group setting. Be part of a team designing and explaining your own immigration system. Your faculty leaders will be retired U.S. Immigration Judge Paul Wickham Schmidt, currently an Adjunct Professor at Georgetown Law, and Professor Jennifer Esperanza of the Beloit College Anthropology Department, who will also share her compelling experiences as the daughter of immigrants. Professor Esperanza and Judge Schmidt have successfully used their unique “legal/cultural anthropological approach” in undergraduate teaching and will now offer it in a post-graduate seminar.
Paul Wickham Schmidt ’70, retired in 2016 after 13 years as a U.S. Immigration Judge at the Arlington (VA) Immigration Court. Prior to that, he was an Appellate Immigration Judge on the Board of Immigration Appeals, U.S. Department of Justice, serving as the Chairman for six years. He also practiced business immigration law as a partner at Jones Day and managing partner of the D.C. Office of Fragomen. He was Senior Executive in the “Legacy INS” under administrations of both parties. Following graduation from Lawrence, he received a J.D from the University of Wisconsin Law School. He also received the 2010 Lucia Briggs Distinguished Achievement Award from Lawrence. Currently, he is an Adjunct Professor at Georgetown Law, writes the blog immigrationcourtside.com, and is a frequent speaker, radio, and tv commentator on current immigration issues.
Jennifer Esperanza received her Ph.D. in Anthropology from UCLA. She also holds a M.A. from UCLA and a B.A. from USC. She has been a Professor of Anthropology at Beloit College since 2008. As one of two socio-cultural anthropologists in the Department of Anthropology, her primary areas of expertise include political economy, Southeast Asia (Indonesia and the Philippines), tourism and handicrafts, language and identity, consumerism and immigration and refugee resettlement in the United States. She believes students must learn that culture cannot be properly understood without examining its economic and political contexts. In addition to authoring a number of scholarly publications, she received a Marvin Weisberg Foundation for Human Rights Faculty Research Grant in 2015, and a Mellon Foundation research grant in 2018-19.
Date:
Sunday, August 4, 2019 to Friday, August 9, 2019
Fee(s):
$925 – Double; $1,200 – Single; $465 – Commuter
Topic(s):
Law & Politics
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Come join us this summer in Door County for an exciting and unforgettable vacation and learning experience.
I have a question for you. If you learned that the attached quote was functioning as someone’s daily mantra or motivation, what job or endeavor would you imagine that person to be connected to? Perhaps an investigative journalist exposing some hard truths. Maybe a civil rights lawyer. Maybe someone speaking up about an abusive relationship. Perhaps, even, someone gearing up for battle. With that in mind, what does it mean that on a Wednesday morning last week, I came into my classroom and saw this quote on my daily feminism calendar and connected with it so deeply that I had to tape it next to my desk? I am a teacher, people. I work with children. What does that say to you about the conditions that public school teachers are working under? I came in this morning to a quiet classroom, empty of students for the weekend, and only then did I have the rare clarity of mind to see the quote taped there and recognize something: it isn’t right that I need this here; it isn’t normal and it most certainly is not acceptable. Sometimes I feel like I AM gearing up for battle. There are days, weeks, or even months in this profession that are so hard that I question whether I’m going to make it another 25 years. I think I can. I know I want to. But sometimes when I think about my emotional and physical well-being, I wonder if I should keep going. I don’t blame my administrators: they are just finding temporary loopholes in a broken system. I don’t blame parents: teachers are an easy scapegoat when life is hard and unfair. I don’t even blame the students: we raised them, after all. The morale of teachers is a pretty good gauge for the future of our nation. No one will escape the ramifications of deprioritizing public education. And yet, I AM still here. I AM sticking around. Silence from me is only an indication that I have thoughts brewing.
(Disclaimer: It’s sad that I feel a need to point this out alongside every post I make about education, but please do not file this post as reason number 472 why you aren’t going to send your kid to public school. You might have come to that decision for different reasons that I hope have nothing to do with me. I don’t think it’s right to sugarcoat or hide the hard truths about public education just because I’m scared someone will read them and bolt. At the end of the day, I don’t just send my kids to the public school around the corner and teach in another because I think I should- I actually feel fortunate to do so.)
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I’m sure there are many U.S. Immigration Judges, Immigration Court Clerks, pro bono lawyers, and other dedicated and talented government employees who feel the same way. Public institutions are essential to a great future. Once destroyed, they won’t easily, if ever, be rebuilt.
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Anna Patchin Schmidt is a Middle School English teacher in the Public Schools of Beloit, Wisconsin, where she lives with her husband, Professor Daniel Barolsky, and their three children Oscar, Eve, and Atticus. Oscar and Atticus attend a bilingual program at Todd Elementary School, a Beloit Public School, where Eve will go next year. Anna holds a B.A. and a B.Mus., both with honors, from Lawrence University in Appleton, Wisconsin where she was also a member of Phi Beta Kappa. She received her M.A. in Education from the University of Wisconsin-Oshkosh. She is also certified to teach English Language Learning and did so in the Menasha and Walworth, Wisconsin Public School Systems before joining the Beloit System. She and Daniel are dedicated members of the “Beloit Proud” Movement, and she is also a qualified Doula who has assisted in the delivery of several babies. Anna grew up in Alexandria, Virginia, where she attended Alexandria City Public Schools (as did her brothers, Wick & Will) and graduated from T.C. Williams High School (“Remember the Titans”) with honors, earning 12 varsity letters, rowing on several championship crew teams, and playing oboe in the T.C. Williams Band. She is our daughter.
Immigration and Customs Enforcement appears to have ignored a directive from prevent the deportation of noncitizen troops and veterans, seeking to remove a Chinese immigrant despite laws that allow veterans with honorable service to naturalize, court filings show.
Xilong Zhu, 27, who came from China in 2009 to attend college in the United States, enlisted in the Army and was caught in an immigration dragnet involving a fake university set up by the Department of Homeland Security to catch brokers of fraudulent student visas.
Zhu paid tuition to the University of Northern New Jersey, created by DHS to appear as a real school, long enough to ship to basic training using the legal status gained from a student visa issued to attend that school.
Then ICE found him and asked the Army to release him for alleged visa fraud. He left Fort Benning, Ga., on Nov. 10, 2016, in handcuffs as an honorably discharged veteran. He was detained for three weeks and released.
Zhu is waiting for a Seattle judge’s ruling on his removal proceedings, which are based on allegations by ICE that he failed to attend classes in violation of his student visa. His attorney says his client is a victim of federal entrapment.
Zhu’s case comes amid Trump administration pressure on immigration judges to speed up deportation proceedings in an apparent move to adjudicate more removals, aligning with President Trump’s stated goals.
But it also comes after Mattis said he would protect certain immigrant recruits who enlist through a program designed to trade fast-tracked citizenship for medical and language skills. Those assurances followed sustained controversy over how the Pentagon has exposed more than a thousand foreign-born recruits to deportation. A background-screening logjam began in late 2016 when fears of insider threats slowed clearances to a glacial pace.
“Anyone with an honorable discharge … will not be subject to any kind of deportation,” Mattis told reporters at the Pentagon in February, describing exceptions for those who commit a “serious felony” and anyone who has been authorized for deportation in an agreement he said was made with DHS Secretary Kirstjen Nielsen.
Zhu’s attorney, retired Army officer Margaret Stock, told The Washington Post those exceptions do not apply to him.
DHS referred questions to U.S. Citizenship and Immigration Services. Spokesman Jonathan Withington declined to comment, citing the pending litigation. ICE declined to provide a comment attributable by name.
But through court documents, ICE has interpreted the Mattis directive applies to a narrow group of foreign recruits that exclude Zhu. It’s unclear whether ICE consulted with the Pentagon on the subject, or if the agency has moved to deport other immigrant recruits since Mattis spoke in February.
Xilong Zhu at Army basic training graduation in 2016. (Xilong Zhu)
Zhu graduated from basic training on June 9, 2016, and was handed over to ICE custody months later, after the Army lost a battle to retain him, Stock said. Zhu was included in a group of “holdovers,” an Army term he disdains that refers to soldiers who fail training.
That wasn’t him.
“It made me nauseous to be lumped into that group,” he told The Post.
How Zhu got in his predicament is a strange, bureaucratic odyssey after he graduated from Beloit College in Wisconsin in 2013. He wanted to become a U.S. citizen, so he decided to enlist through the Military Accessions Vital to the National Interest (MAVNI) program that his father in China had read about. It trades expedited citizenship for language and medical skills in short supply among U.S.-born recruits.
Gee whiz, I thought that spending a week with the grandchildren in Beloit, Wisconsin might get us away from most of the Trump zaniness. But, no such luck as this story about a Beloit College graduate hit during the week. No end to the ways that ICE can think up to waste taxpayer money, clog already overwhelmed Immigration Court dockets with cases that no responsible prosecutor would even file, and exhibit mindless cruelty and irrationality in the process. Small wonder that some pols are starting to suggest that American would be safer and better off without ICE.
They have no need of our help
So do not tell me
These haggard faces could belong to you or me
Should life have dealt a different hand
We need to see them for who they really are
Chancers and scroungers
Layabouts and loungers
With bombs up their sleeves
Cut-throats and thieves
They are not
Welcome here
We should make them
Go back to where they came from
They cannot
Share our food
Share our homes
Share our countries
Instead let us
Build a wall to keep them out
It is not okay to say
These are people just like us
A place should only belong to those who are born there
Do not be so stupid to think that
The world can be looked at another way
(now read from bottom to top)”
In addition to all of the other terrible and disturbing news last week, I was saddened by the death of one of my all time favorite rockers, Tom Petty, the lead singer of “Tom Petty and The Heartbreakers.” I’ve felt a “special connection” ever since he was one of the “featured members” of the Rock and Roll Hall of Fame in Cleveland Ohio during one of my details to the then newly established Cleveland, Immigration Court in 2006. (Another “featured member” happened to be a guy who went to high school in our current hometown of Alexandria, VA, the late great Jim Morrison, lead singer of the Doors. In addition to visiting the R&R HOF and catching up with some of my old buddies from “Jones Day Days,” I got to see LeBron James play in person with the Cavs — before he left and returned – and got the coveted LeBron James Bubblehead, which I still have. Even better than being detailed to Los Fresnos SPC or Pearsall, Texas!) From listening to recollections on “Tom Petty Radio” on Sirius XM, it appears that in addition to being a great performer and musical artist, Tom was just one heck of a nice guy who brought joy and did good things for everyone around him.
As those who took my “Refugee Law & Policy” Course at Georgetown Law will probably remember, “Professor Tom” always “visited” our first class to share a few words of wisdom with us from the lyrics of his great hit “Refugee.” From a “musicology” standpoint, “Refugee” appears to be about a tortured love relationship. (Always have to try to work a little music into my teaching to impress my son-in-law Professor Daniel Barolsky who teaches Musicology at Beloit College!)
Nevertheless, “Professor Tom” with a little help from the Heartbreakers, leaves us with three simple, yet profound truths about refugees that sadly, the shallow and cowardly men who now govern our country either never knew or have forgotten.
Here is a link to Tom Petty and the Heartbreakers performing “Refugee:”
And, here are the lyrics. Can you figure out the “three-point message?”
First, nobody really wants to “live like a refugee.” That’s true whether they are in prison or hiding out in their home countries, surviving on “handouts” or “by their wits” in neighboring countries, or existing in misery and potential exploitation in often squalid refugee camps. Even those fortunate enough to be relocated to a relatively safe country like ours would undoubtedly prefer never to have become a refugee in the first place!
Second, refugees usually have been “kicked around some.” It starts with persecution, often gruesome torture, from their home countries. But the escape and survival in a foreign country often involves victimization, exploitation, and dehumanizing treatment. Then, to top it off, cowardly jerks like Trump, Pence, Sessions, Miller and Bannon, speaking from their safe and privileged positions, disparage refugees, dehumanize them, disregard their needs, and disingenuously minimize their achievements and the ways they make our country better.
Third, if like me, you are one of the fortunate ones who is not a refugee, it’s probably because either you or someone before you “fought to be free.” Guys like Trump & Miller never fought for freedom, but they are the privileged beneficiaries of those who did. Rather than showing their gratitude with a little humility and humanity, they urge Americans to turn our backs on the world’s most needy.
I have great admiration and respect for refugees, and I am impressed and inspired by the life stories of many who came through my courtroom searching for justice.
But, I never for a moment wanted to switch places with any refugee. As I often say, I wake up each morning thankful for two things: first, that I woke up: and second, that I’m not a refugee, particularly in today’s world.
So, I’ll continue to think about “Professor Tom,” the Heartbreakers, and his important messages every time I hear “Refugee” or any of the other great tunes Tom leaves behind.
Rest in peace, Tom Petty. Thanks for the music and the pleasure that you have brought to millions, and for a “life well lived!”
Alexandra Stevenson writes in the NY Times Business Section:
The Phoenix complex in downtown Beloit, Wis. “It looks like we’re beautifying the city,” Diane Hendricks said, “but we’re really beautifying the economy.” Ms. Hendricks dreams of turning the town into a mecca for start-ups.CreditLyndon French for The New York Times
In Weary Wisconsin Town, a Billionaire-Fueled Revival
Diane Hendricks and her late husband saw opportunity in Beloit, a decaying industrial town. Now, she dreams of turning it into a mecca for start-ups.
BELOIT, Wis. — When Diane Hendricks sees something she doesn’t like here, she buys it.
A bankrupt country club. A half-empty mall. Abandoned buildings. The rusting foundry down by the river.
Beloit used to be a town that made papermaking machines and diesel engines. Ms. Hendricks thinks it can be a place where start-ups create the next billion-dollar idea, and she is remaking the town to fit her vision. She can do so because she is the second-richest self-made woman in the United States, behind only Marian Ilitch of Little Caesars Pizza, according to Forbes magazine.
“I see old buildings, and I see an opportunity for putting things in them,” says Ms. Hendricks, 70, who got her start fixing up houses here as a single mother and made her billions selling roofing felt, copper gutters and cement with her late husband, Ken.
Now Ms. Hendricks is fixing up Beloit.
She took the library from its historic location downtown and resurrected it inside a failing mall at the edge of town, replacing the original with a performing arts center where dance and music students from Beloit College can study and perform each year. Then she scooped up nearly every building on a downtown block and knocked each one down, making way for a sushi restaurant, a high-quality burger joint and modern apartments with marble countertops and exposed-brick walls.
Lyndon French for The New York Times
“It’s the one thing that Ken and I said we’d never do: buy restaurants or a golf course. And now we have both.”
Diane Hendricks, founder and chairwoman of ABC Supply.
She called the complex the Phoenix. “It looks like we’re beautifying the city, but we’re really beautifying the economy,” she says, casting her piercing blue eyes out of the window of her office in Ironworks, the old foundry complex she converted into a commercial space.
She has wooed several start-ups, persuading them to set up shop in the old foundry building — one with the help of Wisconsin’s governor, Scott Walker, who personally called the co-founders on her behalf.
Ms. Hendricks, a major Republican donor, was briefly thrust into the national spotlight a few years ago when she was recorded asking Mr. Walker to break up the labor unions. He then introduced a bill limiting the ability of public workers to bargain over wages. In response, protesters occupied the halls of the Capitol for weeks.
Not long ago, Beloit’s economy was ugly. Like many American cities — Detroit, Youngstown, Gary — it had fallen victim to the damage that is wrought when one major industry vanishes from town, reversing local fortunes.
Beloit is different today. That’s because this town of nearly 37,000 has a billionaire who has gone to great lengths to help it turn a corner.
In a nation with countless struggling towns and small cities, Beloit is not a model for economic revival that is easily replicated, although a few others have tried.
. . . .
Despite Ms. Hendricks’s efforts, unemployment is still high. A short drive south of the Phoenix and new buildings turn to boarded-up shops. Beloit remains deeply troubled. About a quarter of the population lives in poverty, twice the rate of residents in the rest of Rock County. One in every four children lives in poverty in the county, according to Project 16:49, a nonprofit group that works with homeless youth.
What’s more, many new jobs are filled by people who commute to Beloit from nearby cities. At AccuLynx, a software company based in the Ironworks, just 17 percent of the employees live in Beloit. The rest live in nearby towns in Wisconsin and just over the border in Illinois.
And many of the new jobs require technical skills, like engineering, that residents who once worked in manufacturing often lack. “I know that there are parts of Beloit that are not sharing in this renaissance,” says Scott Bierman, president of Beloit College.
Mr. Bierman credits Ms. Hendricks for providing a vision of how things can be. Still, he says, “I worry a lot.”
While he does see signs that what Ms. Hendricks has built can be sustainable, “We’ll know a lot more once we get through the next recession,” he said.
For now, around 1,000 people currently work out of Ironworks, according to Mr. Gerbitz of Hendricks Commercial Properties. “Our goal is to get to 5,000, which was what was lost when Beloit Corporation went away,” he said.
Ironworks today is a far cry from its foundry origins. At AccuLynx, the software firm, there is a giant slide running down from the second floor to the first, a video-game console and a giant gold bell that is rung when sales are made.
AccuLynx’s founder, Rich Spanton, described the day his grandfather, who had worked at the foundry as a superintendent for nearly a half-century, visited the building, where he had spent a career assembling steel parts for paper machines. He was astonished at what he saw.
“He walked in,” Mr. Spanton recalls, “and he said, ‘Jeez, we couldn’t have gotten any work done if this had been our office.’”
Cathy, Luna, and I happen to be in Beloit, Wisconsin this week visiting our daughter Anna, who is a middle school teacher in the Beloit Public Schools, her husband, Daniel, who is a Professor of Musicology at Beloit College, and their children Oscar and Eve. Cathy, Luna, and I actually walked by the “Phoenix Complex” this morning on our way to a vegan morning breakfast and coffee at “Bagels and More.” On the way back to Anna’s we walked along the Rock River walkway and saw the revitalized Iron Works Complex on the other side. Daniel’s office and classrooms are in the Hendricks Center for the Arts, mentioned in this article. All in all, Hendricks’s vision is everywhere in this part of Beloit.
As its often the case, not everyone here is a “fan” of Hendricks, particularly because of her politics and opposition to unions. On the other hand, one has to respect that 1) Hendricks worked hard for her money — she was a key part of her husband’s American success story; 2) she is turning her money into a public good, something that certainly not all billionaires do (nobody is “making” her invest in Beloit, rather than buying more cars, private planes, swimming pools, vacation homes, etc,. or doing some of the self-indulgent things that some other billionaires enjoy), 3) much like “white resentment,” there is always a certain amount of resentment of the rich just because they are rich; and 4) she can’t do it all — she’s bringing a different kind of job opportunity to Beloit and maybe it’s now up to others in the community and those who want to improve their lot to work hard to develop the skills needed to be successful in a technology-based regional economy — heavy manufacturing and machine tooling aren’t coming back to Beloit — ever.
I have to say that I’m quite favorably impressed by Hendricks’s efforts. Makes me wonder what would happen if someone “on the other side of the political equation” like Bill Gates, Jeff Bezos, Mark Zuckerberg joined up with her in a nonpartisan effort to bring the technological training to the area necessary to get the rest of the community into meaningful jobs. At any rate, she’s certainly someone who is “walking the walk and talking the talk.” Seems like a good role model for folks of any political persuasion.
Interestingly, in the complete story, a key point was when Hendricks and her late husband were turned down for a loan in Janesville, WI because the bank “didn’t want their kind of entrepreneurs.” (Sort of reminds me of the attitude some folks take toward migrants today.) So, they got out of Janesville and went to a more welcoming community — Beloit.
Just shows that “little insults, slights, and ‘disses,’ can have a huge and unexpected long term impact.” Something that Trump and his followers should keep in mind when dealing with all types of migrants. There almost certainly will come a day when we will need the goodwill and help of many of them — what impressions are we leaving with our current national dialogue on immigration and what will be the long-tern impact on America and our history?
Finally, this story wouldn’t be complete without a “shout out” to Anna, Daniel, and the other families making up the “Beloit Proud” movement. A core of young professionals, many connected with Beloit College, have chosen to make Beloit their home, rather than “fleeing” to Madison, Rockford, IL., or even Janesville. They send their children to Beloit Public Schools, are heavily involved in community activities cities, and try to “buy local” and use local services whenever possible. Many have chosen to live in neighborhoods within walking distance from Beloit College. And, it seems to be working. Just in Anna’s and Daniel’s immediate neighborhood some dynamic young families have chosen to make Beloit their home and fix up their properties “just because it seems like a great place to live and do business.” I also wrote about “Beloit Proud” and the Beloit College in a post earlier this summer about my short experience as a “Guest Professor” in Professor Jennifer Esperanza’s Cultural Anthropology course June. http://immigrationcourtside.com/2017/06/05/anth-375-beloit-college-professor-jennifer-esperanza-her-students-blaze-path-to-understanding-migration-in-the-liberal-arts-context-every-college-in-america-should-be-teaching-these-essential/
I doubt that I will ever meet Diane Hendricks. If I did, I’m sure we wouldn’t find much common political ground. But, we would agree that investing in Beloit and making it a great place to live — for everyone — is a great and noble idea and that she is setting an example for others to follow.
Back in 1973, when I graduated from the University of Wisconsin Law School and joined the staff of the Board of Immigration Appeals (“BIA”) at the U.S. Department of Justice, nary a law school in the U.S. taught a course in immigration law. The handful of law school courses on the subject were taught almost entirely by Adjunct Professors. Indeed, shortly after I joined the Board, they sent me to what was then the premier law school immigration course at Georgetown Law taught by none other than Charles Gordon, the legendary General Counsel of the “Legacy” INS.
Today, thanks to a great extent to the efforts of such noted “scholar/public servants” as Professor David Martin of the University of Virginia Law School, Professor Alex Aleinikoff, former Dean of Georgetown Law, and Professor Stephen Legomsky of Washington University Law School, some form of immigration law or immigration clinic is offered at most major U.S. Law Schools.
But, a serious void remains at the most critical level of education: undergraduate institutions. However, at Beloit College in Beloit, Wisconsin, Professor Jennifer Esperanza is blazing the way for the future. Her “ANTH 375: Migrants, Immigrants, and Refugees” Summer Session class is jumping head-on into creating constructive dialogue, understanding, and action on the most important issue facing America today: migration.
I had the pleasure of working with Professor Esperanza and her fourteen “super students” as a “Guest Professor” during three days in late May. The students hailed from different backgrounds and entered the class with varying levels of immigration experience and interest.
Some were there because of their own backgrounds or prior work with migrants; others were there . . . well, just because they were there. But, funny thing, by the end of my three days I couldn’t tell the difference. Everyone pitched in as a team, demonstrated sharp analytical skills, asked incisive questions, showed creativity and originality, and made spectacular group presentations on some very tough subjects. In other words, it was all the things I love: fairness, scholarship, timeliness, respect, and teamwork!
Among our exercises: we watched and discussed the documentary “Credible Fear;” broke the group into two teams which designed and presented their own refugee systems based on competing “Mother Hen” and “Dick’s Last Resort” principles; and read, analyzed, and discussed two cases I had been involved in: the BIA’s landmark precedent Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996) recognizing for the first time “female genital mutilation” (“FGM”) as a basis for asylum in the United States, and another decision (which was published on the internet) from my time at the Arlington Immigration Court where I granted “particular social group” asylum to a family from El Salvador.
I teach as an Adjunct Professor at Georgetown Law, one of the top law schools in the country. To my pleasant surprise, I found that Esperanza’s Beloit students were able to discuss the issues in a manner very similar to the class dialogue produced by some really great second-year, third-year, and graduate law students. Amazing!
I’m reproducing the results of the “Create Your Own Refugee System” exercise below, along with a class picture and some other pictures of my stay at Beloit (where my son-in-law, Daniel Barolsky, is a Professor of Musicology).
I also note that Professor Esperanza’s system and “real-world-oriented” approach to undergraduate education produces results, as in jobs in the real world! As featured in the Fall 2015 issue of Beloit College Magazine, Esperanza’s students were making an immediate difference: Jessica Slattery ’12, as a paralegal for the New York Legal Assistance Group in the Bronx, NY; Dan Weyl ’10, with the Heartland Alliance, an international human rights organization that provides resources for LGBT refugees resettling in the United States (as a footnote, following retirement I have been helping out the Heartland Alliance Washington, DC, office with various projects); Jane Choi ’14, working on the political team at the British High Commission in Cape Town, South Africa; Key Ishii ’12, working with African refugees in Israel; Angela Martellaro ’10, a licensed real estate agent at Chief Properties in Kansas City, MO, specializing in helping refugee families from Myanmar buy their first home; and Nikki Tourigny ’10, working for Hot Bread Kitchen, a wholesale nonprofit bakery in NYC that trains immigrant and minority women to work in the restaurant industry. Impressive!
On a personal note, I graduated in 1970 from Lawrence University, just up the road from Beloit in Appleton, WI. Like Beloit, Lawrence is a member of the Associated Colleges of the Midwest.
I majored in History, minored in German, and spent a semester abroad in Germany. I found that a broad research and writing intensive, liberal arts eduction that promoted critical analysis and effective dialogue was the best possible preparation for all that followed: U.W. Law School, government attorney, private practice of immigration law, and several Senior Executive Service positions with the U.S. government, as well as Adjunct Professor positions. I spent the last 21 hears of my career as a U.S. Immigration Judge at the appellate and trial levels and served as Chairman of the BIA for six years. I can’t imagine a better preparation for the global perspective, analytical ability, and research and writing skills needed for judicial work than what I received at Lawrence. I just wish that someone like Professor Esperanza had been teaching her innovative approach to cultural anthropology when I was an undergrad!
Finally, I might add that Professor Esperanza and her husband Paul, who works in Administration at the College, are part of a a group of talented young professionals, which includes my daughter Anna, who teaches middle school English in the Beloit Public Schools, her husband Daniel, and their children, who have chosen to make their homes in Beloit, near the College. They enjoy and actively participate the in Beloit community and are big supporters of the “Beloit Proud” movement.
Here’s the pictorial version of my “tenure” at Beloit.
ANTH 375: Migrants, Immigrants, and Refugees” – Professor Jenn Esperanza — May 2017 — Beloit College, Beloit WI
Back Row:
Dan Arkes, Me, Joe Enes, “The Talking Statue,” Mark Hauptfleisch, Cynthia Escobedo, Yoon Ja Na, Rosa Ennison, Keila Perez, Gabe Perry
Front Row:
Jamie Manchen, Professor Jennifer Esperanza, Leanna Miller, Terra Allen, Abby Segal, Matt Tarpinian
Here are the results of the “Create Your Own Refugee System” Exercise. Click on the links for some really “great stuff:”
