☠️🤮 DEADLY UNFAIR “COURTS” POTENTIAL “DEATH TRIBUNALS” FOR AFGHAN HAZARA  REFUGEES — Hon “Sir Jeffrey” Chase Speaks Out: “Case law supports granting protection for people who belong to a group long persecuted in their homelands even if an individual cannot prove specific threats, said Chase!”

Julie Watson
Julie Watson
AP California Reporter
PHOTO:Pulitzer Center

https://apnews.com/article/afghanistan-deportation-taliban-asylum-us-immigration-court-cabf3bcdec9a62b12f08300d1260cd68

Julie Watson reports for AP:

The Afghan man speaks only Farsi, but he wasn’t worried about representing himself in U.S. immigration court. He believed the details of his asylum claim spoke for themselves.

Mohammad was a university professor, teaching human rights courses in Afghanistan before he fled for the United States. Mohammad is also Hazara, an ethnic minority long persecuted in his country, and he said he was receiving death threats under the Taliban, who reimposed their harsh interpretation of Sunni Islam after taking power in 2021.

He crossed the Texas border in April 2022, surrendered to Border Patrol agents and was detained. A year later, a hearing was held via video conference. His words were translated by a court interpreter in another location, and he said he struggled to express himself — including fear for his life since he was injured in a 2016 suicide bombing.

At the conclusion of the nearly three-hour hearing, the judge denied him asylum. Mohammad said he was later shocked to learn that he had waived his right to appeal the decision.

“I feel alone and that the law wasn’t applied,” said Mohammad, who spoke to The Associated Press on condition that only his first name be used, over fears for the safety of his wife and children, who are still in Afghanistan.

. . . .

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Former immigration judge Jeffrey Chase, who reviewed the transcript, said he was surprised John-Baptiste waived Mohammad’s right to appeal and that the Board of Immigration Appeals upheld that decision. Case law supports granting protection for people who belong to a group long persecuted in their homelands even if an individual cannot prove specific threats, said Chase, an adviser to the appeals board.

But Andrew Arthur, another former immigration judge, said John-Baptiste ruled properly.

“The respondent knew what he was filing, understood all of the questions that were asked of him at the hearing, understood the decision, and freely waived his right to appeal,” Arthur, a fellow at the Center for Immigration Studies, which advocates for immigration restrictions, said via email.

Chase said the hearing appeared rushed, and he believes the case backlog played a role.

“Immigration judges hear death-penalty cases in traffic-court conditions,” said Chase, quoting a colleague. “This is a perfect example.”

Overall, the 600 immigration judges nationwide denied 63% of asylum cases last year, according to Syracuse University’s Transactional Records Access Clearinghouse. Individual rates vary wildly, from a Houston judge who denied all 105 asylum requests to a San Francisco one denying only 1% of 108 cases.

John-Baptiste, a career prosecutor appointed during the Trump administration’s final months, denied 72% of his 114 cases.

. . . .

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Read Julie’s complete article at the link.

Hazaras are an historically persecuted group in Afghanistan whose already perilous situation has demonstrably worsened under the Taliban. See, e.g., https://www.ushmm.org/genocide-prevention/blog/urgent-action-needed-hazaras-in-afghanistan-under-attack. This case should have been a “slam dunk grant” under a proper application of precedents like Cardoza and Mogharrabi! Additionally, Hazara claims should be routinely grantable under the “pattern or practice of persecution” regulations that EOIR judges are supposed to apply (but seldom do). 

No wonder this system builds incredible unnecessary backlogs when it botches the easy grants, wastes time on specious, disingenuous reasons for denial, and allows questionably-qualified judges to run roughshod over due process, the rule of law, and binding precedents.

Here’s additional commentary from “Sir Jeffrey:”

Thankfully, the amazing Steve Schulman at Akin Gump took on Mohamed’s case after his pro se hearing, and Human Rights First provided additional support.

(The Round Table was prepared to file an amicus brief on this one at the Fifth Circuit, but an agreement was reached to reopen the case at the IJ level before briefing was due.)

That the Government agreed to reopen this case basically “says it all” about the absurd result in the original hearing and the bogus “waiver” of appeal.

🇺🇸 Due Process Forever!

PWS

09-29-23

🇺🇸⚖️🗽 THIS IS “HOW IT’S DONE” FOR REFUGEES! — NDPA Superstar Professor Hilary T. Fraser @ Cornell Law Shows Students How Great Representation & Story-Telling Skills Change Lives!

Professor Hilary T. Fraser
Professor Hilary
T. Fraser
Cornell Law
PHOTO: Cornell Law

Cornell Law School Afghanistan Assistance Clinic: Spring 2023 Report

May 15, 2023

By Hilary Fraser, Adjunct Professor

 

In our third semester offering the Afghan Assistance Clinic to Cornell law students, we saw a change in the type of cases and clients and a change in the kind of students. In our initial semester a year ago, our clinic students had backgrounds in immigration and human rights law. Our clients were all Fulbright recipients recently arrived in the United States, and the cases were rich with evidence of the likelihood of future persecution due to the client’s activism and training with western donor nations in building of democratic institutions.

 

At the start of this semester, there was some dismay that our clients’ cases seemed not as strong. Most clients were younger, some just freshmen in the United States. “I don’t think she has a case,” one student initially remarked about his client. Our students were also new to client representation, and more tentative about interviewing the clients and gathering facts.

 

To overcome these challenges, we decided to drill down on the fact that our clients had lived through a year or so of Taliban rule. Hadn’t they actually experienced persecution in the year or more that passed before they were able to escape? Weren’t their escape stories a symbol of their fears? The Taliban’s announcements that floggings and amputations were legitimate punishments; that women could not work, attend high school, leave home without a chaperone or visit parks and gyms; that universities were shuttered, the internet policed, passport offices closed and ‘vice’ and religion fastidiously monitored did not pose just future possibilities of harm, but rather defined the lives our clients had lived.

 

We also decided to drill down on our interpersonal skills and bring our own humanity into the client-student relationship. We needed to break through our clients’ reticence formed during a dangerous year of living in hiding from the Taliban regime. Nearly all of our clients told us how closely they guarded their plans to apply to school in the United States. Our clients also feared talking with us. Their families did not want to write support letters. We also had clients who came to the United States just before Kabul fell, but still hadn’t filed for asylum. We needed to work with the problem of depression. 

 

Our students overcame these barriers in several ways.

 

One way our students engaged these reticent clients was through a shared immigration experience. Seven of our 12 class members were immigrants themselves, which helped form a bond of trust and a shared understanding of the vocabulary and process of immigration. Some took our clinic to understand better their parents’ experiences as immigrants to the United States. Some were interested in understanding better their own asylum or other residency applications. 

 

Clever solutions also helped us elicit the clients’ stories. Related clients and clients who were friends and classmates from Afghanistan were represented by students who collaborated (with consent) on evidence and stories. This small-group approach made our process more efficient and our clients more comfortable. Also, we drew upon the experience of two classmates participating in the clinic for the third time, one as a Pro Bono Scholar and one as an indefatigable research assistant who won a public interest award from Cornell this semester. These senior students lent their experience to the class.

 

Last but not least, we made the Cornell connection. Twelve of our 15 clients this semester are scholars or students at Cornell. Working in person, even working with a shared sense of the environment and terrain of campus, forged relationships of trust. Plus, it just felt good to be helping a “neighbor.”

 

Our client narratives and legal claims eventually emerged. Political opinion was imputed from parents and from students’ choices of academic fields and universities. Race and religion were the most frequently claimed protected grounds, with Hazara ethnicity and atheism the most common fact patterns. “Westernized” individuals as a particular social group defined the elite group of young students talented enough to make it out of Afghanistan in a year when borders were mostly closed. 

 

As a group, this semester’s clients could be seen as the younger “siblings” of the first groups of our clients. Growing up in a hopeful time of relative ease and opportunity in Afghanistan during occupation, they were free to foster their spirituality, self-expression, and learning. Please meet some of them here below. The client who we originally thought didn’t have a claim turned out to be one of our strongest cases, together with: 

 

·      A client who wrote and self-published on Amazon an English-language book on Love and God. A true romantic and humanist with a respect for literature.

 

·       A client who obtained a U.S. visa just in time for her to escape a forced marriage and land in a top mathematics Ph.D. program in the United States.

 

·      A client who grew up hearing the harrowing stories of parents who had suffered beatings and death threats under the Taliban and escaped to Iran, where treatment of Afghans is only slightly less horrific.

 

·      A client who paints human representational art, fearlessly showing female bodies and intimate settings. Their work of 70+ canvases hides in residential attics in Afghanistan.

 

·      A client whose transition to atheism is clearly recalled in a series of private conversations with peers and mentors, two of whom were murdered in honor killings pursuant to a fatwa.

 

·      A client who was part of seminal schools for women and who received a leadership scholarship to attend school in the United States from an American fashion celebrity.

 

In short, our clinic honored these stories by acknowledging the teller’s experience. We realize that save for our small group of students, no one else other than the USCIS asylum adjudicator will hear these moving tales. Someday, we’d like to transform the stories into spoken-word theater!

 

This class was dedicated to learning immigration and helping their clients. Almost all this semester’s students will graduate to positions with large law firms. Their commitment to our clinic’s work signals that immigration has become a necessary skill set for both corporate and public interest lawyers. 

 

Overall, we filed 15 asylum cases this semester, representing the collective work of 8 first-time students, 2 second-time students, a Pro Bono scholar, a research assistant, and an adjunct professor. By summer 2023, 30+ Afghan asylum applications filed by our clinic will remain pending, a terrific accomplishment in just 15 months of work. 

 

Other landmarks reached this semester include: 

o   Our first semester clients received work permits or renewals. 

o   Two of our second semester clients had asylum interviews. 

o   All our second semester clients qualified for online work permit applications for the first time. 

o   We did a presentation for Weill Cornell medical students. 

o   We heard two presentations from Afghan political analysts. 

o   An Afghan student group was formed on campus through the work of our clients. 

o   We helped almost all the Afghans at Cornell who needed us.

o   We kept abreast of dynamic changes in asylum practice – both at the border and expansion of parole programs. 

o   We mentored the law school’s 1L immigration clinic, which filed four other Afghan affirmative asylum applications.

o   We did a day of service at immigration court in New York City working with Catholic Charities. See this article: https://www.lawschool.cornell.edu/news/spirit-of-helpfulness-guides-afghanistan-assistance-clinics-trip-to-immigration-court/

 

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Way to go, Hilary and Team! Thanks for sharing!  

This really hits home for me. I’m fresh off teaching with outstanding colleagues — subject matter experts and experienced civil and criminal litigators working together seamlessly —  at the Sharma Crawford Clinic Litigation Trial College in Kansas City, KS. As usual, a large part of the “hands on” experience was coaching students on how to best elicit information from clients — across cultural and language barriers — and then to present their stories in a fashion that will be gripping and compelling to Asylum Officers, Immigration Judges, DHS Assistant Chief Counsel, and would make a great and “reader friendly” record for appellate judges and their clerks, should that step be necessary. 

Consequently, I really appreciate the skill set that Hilary is helping her students develop! And, as we emphasized at our Trial College, this isn’t just an Immigration Court skill. No, it’s a “life skill” that folks will use over and over in their professional careers and personal lives! 

The skills necessary to practice law these days start at the “retail level” of our justice system — the Immigration Courts. As I tell my Georgetown Law students, “If you can win one of these cases, everything else in law and life will be a piece of cake!”

Thanks to my long-time friend and Hilary’s colleague, Professor Stephen Yale Loehr, for alerting me to this important achievement.

🇺🇸 Due Process Forever!

PWS

05-17-23

🤯 ADMINISTRATION’S “SLOW WALK” OF AFGHAN ASYLUM CASES DRAWS COURT CHALLENGE!

Mary Meg McCarthy
Mary Meg McCarthy
Executive Director
National Immigrant Justice Center
PHOTO: Linkedin

https://www.linkedin.com/search/results/content/?fromMember=%5B%22ACoAAAptsmoBeio2wAzocjfJWreR5HK57RR3A-k%22%5D&heroEntityKey=urn%3Ali%3Afsd_profile%3AACoAAAptsmoBeio2wAzocjfJWreR5HK57RR3A-k&keywords=mary%20meg%20mccarthy&sid=RlV&update=urn%3Ali%3Afs_updateV2%3A(urn%3Ali%3Aactivity%3A7054955572202270720%2CBLENDED_SEARCH_FEED%2CEMPTY%2CDEFAULT%2Cfalse)

Kirkland & Ellis LLP and NIJC represent class action of people facing prolonged waits for permanent immigration protection following 2021 evacuation from Afghanistan.

Afghan people seeking asylum are suing the U.S. government over delays in processing their asylum applications, nearly two years after they first arrived in the United States as part of a U.S. operation to evacuate allies who faced threats of persecution as the Taliban retook power in Afghanistan.

The plaintiffs in Ahmed v. Department of Homeland Security include people who worked for U.S. agencies in Kabul, women’s rights advocates, a healthcare worker, a teacher, and a journalist. Their temporary immigration status in the United States is set to expire in less than five months. The complaint, filed in the U.S. District Court for the Northern District of California, challenges the failure of the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to adjudicate the asylum applications filed by seven plaintiffs, and thousands of other Afghan people resettled in the United States, within the 150-day deadline set by Congress.

The plaintiffs ask the court to order DHS and USCIS to decide all overdue Afghan asylum adjudications within 30 days and to abide by the 150-day deadline in the future.

Kirkland & Ellis LLP Litigation Partner Mike Williams, who is working on this pro bono case, said: “This is a case about broken promises and broken trust, but also about the United States breaking its own laws. That is why we are asking the Court to require the United States to keep its promises to these Afghan people seeking asylum. These asylum applicants are among the most vulnerable to come to our country, and they should not be in legal limbo.”

National Immigrant Justice Center Attorney Richard Caldarone, who is co-counsel in the case, said: “USCIS’s systematic failure to decide asylum applications for Afghan people in the timeline set by Congress is inexcusable. For thousands of people — particularly those who had to leave family behind in Afghanistan — USCIS’s delays compound the trauma of Taliban threats and violence. Afghan people were forced to flee their homes and their country because they worked for liberty, equality, and democracy; they deserve better.”

The plaintiffs came to the United States in August 2021 as part of the U.S. government’s Operation Allies Welcome, which allowed Afghan people who passed stringent security and background checks to resettle in the United States and receive two years of humanitarian parole while they applied for more permanent immigration status. Additionally, Congress passed legislation requiring DHS and USCIS to “expeditiously adjudicate” asylum applications within 150 days for Afghan people who were resettled under the operation.

But DHS and USCIS have adjudicated just 11 percent of the roughly 16,000 asylum applications filed by Afghan people evacuated to the United States. Thousands of applications have been pending well past the 150-day adjudication deadline, and many people will see their temporary parole status expire in August 2023. The safety of those who applied for asylum remains in limbo, and their spouses and children trapped in Afghanistan continue to live under constant threats of danger.

RELATED DOCUMENTS

Read the complaint

(1.5 MB)

2023-04-19_Ahmed_ECF_001_Class_Action_Complaint.pdf

TAGS

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This appears to be yet more “low hanging fruit” that the Administration could have handled without litigation to force them to do their job! What a HUGE, INSANE, UNNECESSARY WASTE of time and precious resources for the Biden Administration to choose to be perpetually “at war” with human rights experts and NGOs who have the knowledge and energy to craft and implement better legal approaches to refugees, asylum, adjudications, and restoring “order at the border!”

Casey Stengel
The Biden Administration’s propensity to adopt really bad approaches to human rights, asylum, and due process, and to “boot even the easy ones,” leaves Casey scratching his head and asking, “Can’t anyone here play this game?”
PHOTO: Rudi Reit
Creative Commons

Indeed, forcing Afghan evacuees into a ridiculously backlogged asylum adjudication system when they should have been admitted as refugees was a poorly conceived process in the first place! We sure could have used the Ambassadorial-level U.S. Refugee Coordinator originally created by the Refugee Act of 1980 but eventually swallowed by an intransigent State Department bureaucracy that always resented the function and its intended independence!

🇺🇸 Due Process Forever!

PWS

04-24-23

COURTSIDE FOOD🥙🍱🥘🌮🍝: DOES THE ROAD TO NATIONAL UNITY GO THROUGH OUR STOMACHS? — Immigrant Kitchen Brings Missoula, Montana Together! — NBC News Reports!

United We Eat
United We Eat Chef Haroon Eshani
United We Eat
United We Eat Program Manager Beth Baker
United We Eat
United We Eat Kitchen Assistant Rozan Shbib
United We Eat
Eshani and Shbib hard at work in United We Eat. Kitchen
Unite We Eat
Sbib Shows NBC News Reporter Steve Patterson around United We Eat Kitchen
United We Eat
United We Eat Kitchen Manager Casey Chapman has a tough job, but keeps smiling!

Check out this inspiring video on great people working together, helping each other, and integrating the skills, enthusiasm, and energy of new Americans into the community:

https://youtu.be/dIPAkTXzqJ8

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Great story! Congrats to the people of Missoula!😎 A nation of immigrants needs new immigrants and their human potential! Everybody wins when we welcome immigrants to our communities!

🇺🇸Due Process Forever!

PWS

09-08-22

⚖️🗽 RAPPAPORT & STOCK URGE ACTION ON AFGHAN REFUGEES!

Nolan Rappaport
Nolan Rappaport
Contributor, The Hill
Margaret Stock, Esquire
Margaret Stock, Esquire
Anchorage, Alaska
PHOTO: Law firm

Nolan sends this summary of his latest on The Hill:

Afghans who helped us deserve better immigration treatment

Nolan Rappaport, opinion contributor

 

 

As the Afghan government and military fell to the Taliban after U.S. troops were withdrawn from Afghanistan, the U.S. hastily evacuated American citizens and 76,000 Afghans who had helped the U.S. in its 20-year war against the Taliban.

 

It is a year later now, and most of the Afghan evacuees still have temporary immigration status, which means that they may be subject to removal when their status expires. This isn’t right.  We should be taking better care of them.

 

It is more than just an obligation to people who put themselves in peril to help the United States.

 

According to Margaret D. Stock, a retired military officer, “Correcting for this inaction is a matter of national security — in future conflicts, why would anyone risk their lives by serving alongside our soldiers or providing critical translation services if the U.S. can’t keep our promises to them when we depart?”

 

It wouldn’t be taking this long to meet the needs of the Afghans if our immigration system weren’t overwhelmed to the point of being dysfunctional.

 

Parole

 

The evacuees who did not have entry documents had to request humanitarian parole, which permits undocumented migrants to be admitted to the United States temporarily for urgent humanitarian or significant public benefit reasons.

 

Approximately 70,192 of them were paroled into the United States between July 30, 2021, and Nov. 15, 2021.

 

Permanent status

 

Congress has enacted a series of legislative provisions which enable certain Afghan nationals to become lawful permanent residents (LPRs) on the basis of a Special Immigrant Visa (SIV).

 

Section 1059 of the National Defense Authorization Act for fiscal 2006, authorizes giving SIVs to Afghans who worked with the U.S. Armed Forces or under Chief of Mission (COM) authority as a translator or an interpreter for at least a year.

 

To be eligible for this special immigrant classification, the principal applicant must obtain a favorable written recommendation from the COM or a general or flag officer in the relevant Armed Forces unit.

 

Afghans who were employed by or on behalf of the U.S. government or the International security Assistance Force in Afghanistan may be eligible for SIV status under section 602(b) of the Afghan Allies Protection Act of 2009.

 

Roadblock

As of July 18, 2022, there were 74,274 principal applicants in the SIV pipeline. This number does not include spouses and children. And the applications have to be processed by USCIS, which is experiencing a backlog crisis.

 

Read more at https://thehill.com/opinion/immigration/3605096-afghans-who-helped-us-deserve-better-immigration-treatment/

 

Published originally on The Hill.

 

Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him athttps://www.blogger.com/blog/posts/2306123393080132994

 

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Read Nolan’s full op-ed at the link.

When experts like Nolan and Margaret are saying the same thing, everyone should listen and act accordingly!

In addition to fair and equitable treatment for our allies, we must resume and expand fair and humane treatment for all refugees, including, most important, those seeking legal refuge at our borders. Many of them actually come from broken countries where the the U.S. has left a “large footprint,” like Haiti and Latin America. 

It is long past time to make the legal requirement set forth in the Refugee Act of 1980 — any individual in the US or arriving at our border may apply for asylum “irrespective of status” — a reality rather than a cruel hoax. Contrary to some disgracefully wrong-headed court decisions, this statutory requirement implicitly requires that opportunity to be in full compliance with due process. 

Otherwise, to state the obvious, it’s no opportunity at all — just a legal charade. Unfortunately, that is what much of our broken, dysfunctional, and unjust asylum and refugee systems look like now!

🇺🇸 Due Process Forever!

PWS

08-19-22

🗽⚖️ CALLING VETERANS, FRONT LINE WORKERS, OTHER ADVOCATES FOR AGHAN REFUGEES! — Gary Sampliner & Evacuate our Allies Coalition Need Your Help By COB May 9!

Gary Sampliner
Gary Sampliner
Senior Consultant for Advocacy
Shoulder to Shoulder

The Evacuate our Allies Coalition of faith, veterans’, and human rights groups has been advocating for an Afghan Adjustment Act (AAA), to allow our Afghan evacuees (many of whom have only been admitted as “parolees” whose status will expire 1 or 2 years from entry) to be treated equivalently to “refugees,” and thereby made eligible to apply for permanent residence in the U.S. after 1 year here (with the requisite vetting).  We now have a good shot to have AAA language passed by Congress, as part of the Ukraine Supplemental appropriation now being sought by President Biden.  The AAA has solid Democratic support as well as notable and increasing Republican support, but proponents can use assurances of additional Republican support to assure that AAA language remains in a bill that gets passed by Congress.

If any of you are veterans, can characterize yourself as front line workers with Afghans resettling in the U.S., or are constituents of the Republican Senators you’ll see listed in this toolkit (or have friends who fall into these categories that you can circulate this message to), we urge that you make calls to any of the listed Senators (by cob May 9), at the numbers indicated, using the script you’ll also see in the toolkit,  Thanks very much for your help!  

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This message comes from Gary Sampliner, an executive director of JAMAAT — Jews and Muslims and Allies Acting Together, a DC area organization that is a member of the Evacuate our Allies Coalition.  Thank you Gary, for all that you, the veterans in AfghanEvac, and the Evacuate our Allies Coalition does for America and humanity!

🇺🇸Due Process Forever!

PWS

05-08-22

🗽AS LAST AFGHAN REFUGEES LEAVE FT. MCCOY, WI, U.S. RESETTLEMENT SYSTEM CONTINUES TO SUFFER FROM DAMAGE INFLICTED BY TRUMP KAKISTOCRACY!☹️

View this email in your browser

‘I don’t know what will happen’: After months at Fort McCoy, Afghan family resettled in separate states

Living 120 miles apart, family shares hopes and anxieties while navigating ‘chaotic’ resettlement process

Lamha Nabizada spent nearly six months at Fort McCoy, a 60,000-acre Army base in Monroe County, Wis., before she was relocated with part of her family to Rockville, Md. Here, she looks through the window of a hotel room on Feb. 22, 2022, during the family’s search for permanent housing. She is among 76,000 Afghans evacuated to the United States during the country’s largest resettlement operation since the Vietnam War. (Eman Mohammed for Wisconsin Watch)
By Zhen Wang February 28, 2022
Wisconsin WatchIn her final hours living at Fort McCoy, an Army base in rural Monroe County, Wisconsin, Lamha Nabizada searched for an interesting place to pose for a photo at this reporter’s request. The task wasn’t easy.“Everywhere is the same thing, same barrack,” the 27-year-old told Wisconsin Watch.Venturing outside into frigid air, she posed in front of a flagpole and gun turret.It was Feb. 6, the day before Nabizada and her 22-year-old brother Masroor would travel to Maryland — continuing a resettlement journey that began last August when the Taliban took over Afghanistan’s capital of Kabul. They were among tens of thousands airlifted from the country with passports, legal documents and little else.Nearly six months later, the siblings were among the last to leave Fort McCoy, which housed as many as 12,600 Afghans.

Lamha felt mixed emotions as she prepared to leave: hope for new opportunities and anxiety about moving to an unfamiliar place.

“I don’t know what will happen in the future,” she said.

On Feb. 15, Fort McCoy became the seventh of eight U.S. military installations to send its final evacuees to host communities. Four days later, the eighth base cleared out the last of the 76,000 total evacuees who arrived for the largest resettlement operation since the Vietnam War.

Through Feb. 23, Wisconsin had resettled about 820 of the 850 Afghan evacuees currently slated for the state, according to Bojana Zorić Martinez, director of the Wisconsin Department of Children and Families’ Bureau of Refugee Programs.

Zorić Martinez said serving so many people at once was difficult. Aside from housing, they need Social Security numbers, jobs, food and other basic items.

Evacuees are eligible to apply for benefits available to refugees, according to the federal Office of Refugee Resettlement. That includes job preparation, English language training and medical aid. They may also be eligible for other federal benefits such as Medicaid and food assistance.

Zorić Martinez said the system shrunk under Trump, who slashed the country’s refugee cap each year he was in office, which meant less money for resettlement agencies.

“We are now seeing the consequences of that,” she said.

Read the full story

 

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ZHEN WANG / WISCONSIN WATCH

zwang@wisconsinwatch.org

Zhen Wang joined Wisconsin Watch as a reporting intern in May 2021. At UW-Madison, she is pursuing a master’s degree in journalism, honing her investigative journalism skills, and preparing herself for a career in health care journalism. She previously worked for the Guardian Beijing bureau and China Daily. Before joining the journalism industry, she worked in various sectors and obtained a master’s degree in international relations in New Zealand. She speaks Chinese and is a member of Asian American Journalists Association.

More by Zhen Wang / Wisconsin Watch

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Reprinted from Wisconsin Watch under Creative Commons License. Full story available at the link. Nice reporting by Zhen Wang!

Here are some additional quotes from Zhen’s article from my good friend and NDPA superstar Professor Erin Barbato of the U.W. Law Immigration Clinic, among the many clinical teams who have “stepped up” for Afghan refugees:

“The government has to provide more resources, if we’re going to ensure that everybody has their basic needs met during this transition time, and it’s wonderful to see people in the community coming together,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “But that’s not going to solve the problem for everybody.”

The legal clinic is helping evacuees file for asylum and training attorneys to represent them in that process — positions that are in short supply. Barbato and other immigration experts fear some people will fall through bureaucratic cracks unless the federal government takes action to stabilize the system.
. . . .

Barbato, the UW legal clinic director, said the two-year parolee status leaves evacuees vulnerable to future deportation — a potentially deadly proposition. The U.S. asylum program last year faced a backlog of nearly 413,000 applications.

Congress has historically passed such laws to protect evacuees from U.S. military conflict zones, including in Vietnam and Iraq.

 

Echoing immigration advocates and veterans, Barbato said an Afghan Adjustment Act, which has yet to be introduced in Congress, could pave a safer, quicker path to citizenship. Lawmakers must also inject more resources into the immigration bureaucracy, she added. How these resources are allocated will shape the fate of applicants who have waited years in the queue — as well as new Afghan arrivals.

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

 

 

 

 

 

 

 

 

 

🇺🇸Due Process Forever!

 

PWS

o3-01-22

😎👍🏼⚖️🗽 MORE FREE NDPA TRAINING FROM THE EXPERTS: 6 Months After the Fall of Aghanistan: Free Webinar Mar. 9 1-2 pm ET!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

Cornell Law School and the Cornell Migrations Initiative, along with other organizations, are hosting a free public webinar on Wednesday March 9 from 1-2 pm ET entitled “After the Fall: The Future of Afghan Allies Fleeing the Taliban.”

Six months after the fall of Afghanistan, a lot has been done, but a lot remains to be done.The United States evacuated over 100,000 Afghans to the United States or third countries.Yet an estimated 200,000 Afghans who helped the U.S. military or government remain in Afghanistan, fearing persecution and famine.Moreover, those who have made it to the United States have mostly entered on humanitarian parole, which is a temporary status that expires after two years.They need ways to remain in the United States permanently.

Learn what Cornell University and other organizations have done to assist Afghans at risk, what remains to be done, and how you can help.

Speakers include Joel Kelsey, chief of staff to U.S. Senator Richard Blumenthal; Chis Purdy, director of Veterans for American Ideals and Outreach at Human Rights First; Nell Cady-Kruse from the Evacuate Our Allies Coalition; Camille Mackler, executive director of Immigrant ARC; and Katie Rahmlow, a Cornell law student who has worked on several Afghan cases. Cornell law professor Stephen Yale-Loehr, who directs an Afghanistan asylum clinic at Cornell Law School, will moderate.

To register for the free webinar, go to https://ecornell.cornell.edu/keynotes/overview/K030922a/

Stephen Yale-Loehr

Professor of Immigration Law Practice, Cornell Law School

Faculty Director, Immigration Law and Policy Program

Faculty Fellow, Migrations Initiative

Co-director, Asylum Appeals Clinic

Co-Author, Immigration Law & Procedure Treatise

Of Counsel, Miller Mayer

Phone: 607-379-9707

e-mail: SWY1@cornell.edu

Twitter: @syaleloehr

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

Thanks so much Steve for passing this along! An all-star lineup to be sure! 🌟🌟🌟 Don’t miss it! Required registration available at the above link.

🇺🇸Due Process Forever!

PWS

02-24-22

LIVES OF AFGHAN REFUGEES ILLUSTRATE RECURRENT COURTSIDE THEME: “We Can Degrade Ourselves As A Nation, But It Won’t Stop Human Migration!”

https://www.nytimes.com/2022/02/14/opinion/refugees-migrants-afghanistan.html?referringSource=articleShare

From “We’ve Never Been Smuggled Before” by Matthew Aikins in the NYT:

. . . .

But the plight of Afghan refugees can be an opportunity to rework migration and asylum policies for a future that will increasingly blur the distinction between traditional refugees and migrants fleeing economic and social disasters, including those that are the result of climate change.

It’s not just former translators and journalists who need help. Afghans migrating out of hunger and desperation are also the victims of the West’s failed war. Even if mass starvation is averted, Afghans will continue to leave their country, out of a combination of fear and because they want a better life. The Afghan middle class, which has seen its savings and livelihoods evaporate, will use the resources they have to emigrate. The outflow of Afghan migrants will not end in the short term; nor should it. Indeed, Afghan migration should be seen for what it is, a rational strategy undertaken by people who find agency in the midst of great adversity. Afghans are capable of helping their own communities, if we allow them. Remittances, or money sent home by migrants, contribute three times more to the developing world than international aid.

Whether we meet them with compassion and reason, or prejudice and violence, people will never stop trying to cross borders.

. . . .

**********************
Read the complete article at the link.

The future will belong to countries that figure out how to harness the power of human migration and deal with its inevitability.

🇺🇸Due Process Forever!

PWS

O2-14-22

😢👎🏽HOW MUCH USCIS “SERVICE” DOES $575 BUY A REFUGEE? — Not Much, According To Deanna García @ “Early Arrival” — Plus Other Top News For Immigration Advocates!

Deanna Garcia
Deanna García
Immigration Journalist
PHOTO: Muckrack.com

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OCTOBER 25, 2021

Hello, this is Deanna Garcia with today’s edition of Early Arrival. You can email me at deanna.garcia@documentedny.com.

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NJ Immigrant Detainees Worried About Transfers as ICE Contracts End

📍 Documented Original

As New Jersey jails began to terminate their contracts with Immigration and Customs Enforcement, the agency has started sending immigrant detainees to other jails in the U.S., further away from their families and friends. ICE told lawyers that the agency can’t release their clients because it considers them a public safety threat, even though majority of them are imprisoned over unresolved charges for nonviolence crimes. This action indicates the power ICE has on where and how immigrant detainees are being held. “We all hoped that ICE would use its discretion to release,” said Ellen Pachnanda, the attorney in charge of the New York Immigrant Family Unity Project. “As long as ICE retains this discretion to transfer, they will transfer.” Read more at Documented.

Documented is the only newsroom that creates journalism with and for New York’s immigrant communities. This work is not easy and it is not cheap. Help us fuel this work for $10/month.

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AOC Revives Citizenship Bill for 9/11 Cleanup Crew

U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) and two other legislators reintroduced a federal bill to put immigrants who helped clean up after the 9/11 attacks on a fast track to U.S. citizenship. The 9/11 Immigrant Worker Freedom Act is an adjusted version of a bill that former Rep. Joseph Crowley introduced in 2017, which didn’t advance to the House. New York immigrants have asked for years to obtain legal immigrant status as compensation for the work they did and health problems they’ve suffered since the attacks. Several dozens are still protesting, while others gave up on fighting. The Associated Press

New Jersey Haitian Leaders Protest Deportations

Haitian community leaders and immigrant advocates gathered outside of a federal immigration office to protest the Biden administration deporting thousands of Haitian migrants under Title 42. The group of 50 people demanded that President Joe Biden allow more Haitians to seek asylum in the U.S. “These people just want to work and find a better way of life. We’re speaking in Newark because this city is a bedrock for New Jersey’s Haitian population,” said the Rev. Jean Maurice of the New Jersey Haitian Pastors Organization. According to U.S. Census data, New Jersey has roughly 60,000 Haitian residents. North Jersey

Advocates Rally Again for Schumer to Ensure a Pathway to Citizenship

For the last few weeks, immigrant advocates have been demanding Senate Majority Leader Chuck Schumer (D-N.Y.) to work to provide a pathway to citizenship for undocumented immigrants. On Friday, that demand continued at Schumer’s Peekskill office. Immigrants and advocates said they help Democrats gain power in Washington, so now they want Schumer to work for them. “We’ve delivered that control to the Democrats, so we feel that the Democrats have to deliver the promise that they’ve made us and make sure that citizenship is being included in this year’s reconciliation package,” said Peekskill City Councilor Vanessa Agudelo. Advocates said they’re in talks with Schumer’s office and will continue the pressure. News12 the Bronx

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ICE Investigation Discovered Falsified Documents of Immigrant’s Suicide

According to Immigration and Customs Enforcement’s External Reviews and Analysis Unit, medical and security staff at Stewart Detention Center in Georgia violated several agency rules when handling Efraín Romero de la Rosa’s suicide in 2018. He was diagnosed with schizophrenia and committed suicide after being in solitary for 21 days. The review discovered staff falsified documents, poorly dealt with his medication, didn’t follow proper care procedures and improperly placed him in disciplinary solitary confinement, even though there were multiple warnings of his declining mental health. The review also lists 22 separate violations of ICE and Stewart Detention Center rules by staff during Romero de la Rosa’s four months in detention and eight separate “areas of concern.” The Intercept

Migrant Caravan Breaks Mexican National Guard Roadblock

Roughly between 3,000 and 4,000 migrants left the U.S.-Mexico border city of Tapachula on Saturday morning and headed to Mexico City. Caravan organizers say that will be their last stop while they continue to attempt to secure humanitarian permits for Haitians andCentral and North American migrants to move freely throughout Mexico. But some migrants said they plan on going to the southern border as part of their push. Videos on social media show the caravan recently ran into a Mexican National Guard roadblock and broke through it, with soldiers making no attempts to pursue or draw weapons against them. Border Report

California Hires Border Wall Contractor to Screen, Test and Vaccinate Migrants

California Gov. Gavin Newsom hired Sullivan Land Services Co. to screen, test and vaccinate migrants for COVID-19 at the border. SLSCO, based in Galveston, Texas, received a no-bid $350 million contract from California. This was the same company former President Donald Trump used to build the border wall along the border. Newsom had criticized the border wall and even pushed to file several lawsuits to halt its construction. According to a report, SLSCO staff gave COVID-19 services to about 60,000 migrants at five locations. Immigration advocates and health care leaders aren’t happy about the state’s partnership with SLSCO. KXAN

Child Allowed into U.S. for Urgent Cancer Treatment and Given Humanitarian Parole

Carlitos, a 2-year-old boy from Guatemala, was allowed to enter the U.S. from Tijuana in an ambulance. According to his attorney Hollie Webb, his story of kidnapping, expulsion, lack of access to medical care and a serious illness that without proper treatment could kill him, provided him with a rare outcome. Attorneys and doctors campaigned U.S. Customs and Border Protection officials to allow Carlitos and his mother, Ana, to cross into San Diego under a humanitarian parole to give him cancer treatment. CBP granted the request after an inquiry from The San Diego Union-Tribune. The two crossed into the U.S. Thursday evening to a hospital in San Diego. The San Diego Union-Tribune

Georgia Lawmakers Consider Immigration Solutions Amid Labor Shortages

Just like elsewhere in the U.S., Georgia is facing labor shortages as its economy recovers from the pandemic. A bipartisan group of lawmakers has been meeting to figure out how Georgia’s immigrants can help solve this problem and contribute to the state’s economy. They spoke with industry leaders and immigration advocates to learn what prevents immigrants from maximizing their participation in the workforce. According to Darlene Lynch, a representative of Georgia’s Business & Immigration Partnership, about 1 in 5 foreign-born Georgians with college degrees are either unemployed or employed in a low-wage job, which costs the state hundreds of millions of dollars in lost tax revenue per year. The Atlanta Journal-Constitution

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Biden Allowing Private Groups to Sponsor Afghan Evacuees, Small USCIS Staff Tackling Humanitarian Requests, Arizona Mayor Claims Migration Stresses Local Services

The Biden administration plans on revealing a program Monday that would let private groups sponsor Afghan evacuees and assist their resettlement in the U.S., three sources familiar with the plan told CBS News. According to a presentation describing the plan, groups of about five individuals could apply to become “sponsor circles” that would help Afghan refugees secure housing, basic necessities, financial support, legal counsel and medical services for about 90 days. This program would become an alternative to the traditional refugee resettlement process, which is overseen by nine national agencies and their local affiliates. The “Sponsor Circle Program,” a joint initiative between the Department of State and the Community Sponsorship Hub, oversees online applications from potential sponsors and helps connect them with refugees. CBS News

U.S. Citizenship and Immigration Services allocated just six employees to process roughly 14,000 humanitarian requests for Afghan evacuees seeking relocation last week, drawing condemnation from lawmakers. “That is completely and utterly unacceptable, and I call on USCIS to address the shortcoming immediately,” said Rep. Jim Langevin, (D-R.I.). As of Friday, that number jumped to close to 20,000 requests, which is 10 times more than the number of humanitarian applications submitted around the world in a typical year, said a USCIS official. In response to Langevin’s criticism, the USCIS official said the agency is assigning additional staff for the workload. VOA News

Yuma, Arizona, Mayor Douglas Nicholls (R) told a Washington, D.C. forum that the increase of undocumented immigrants is stressing health care and nonprofits that assist migrants in his town. “As these (migrant) numbers continue to increase, it’s going to be beyond their capability,” he said. “From that perspective we have real concern about our health care system holding up, our nonprofit system holding up, and even our economy.” His comments come as apprehensions of immigrants at the southern border are at their highest numbers in decades. Immigration advocates say those numbers can be misleading since they might represent one migrant who was stopped multiple times. They also argued that nonprofits were under stress due to the pandemic before immigration numbers increased in Trump’s last year in office. AZMirror

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Recently, I wrote about the heroic efforts of my friends Processor Erin Barbato and the UW Law Immigration Clinic and Professor Stephen Yale-Loehr and the Cornell Law Immigration Clinic to help Afghan refugees, including assistance filing applications for “humanitarian parole.” 

https://immigrationcourtside.com/2021/10/21/%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8e%f0%9f%97%bdmore-ndpa-news-immigration-guru-professor-stephen-yale-loehr-cornell-immigration-clinic-help-afghan-refugees-with-humanitarian-parole-requests/

https://immigrationcourtside.com/2021/10/21/%f0%9f%97%bd%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8endpa-news-amazing-practical-scholar-professor-erin-barbato-leads-uw-law-clinic-in-helping-afghan-refugees-ft-mccoy-wi/

I also questioned the unusually high $575 fee being charged by USCIS for these emergency humanitarian applications! Now, we find out that for this outrageously high fee, USCIS has assigned only a “skeletal staff” of six adjudicators to process those very predictable applications.  Undoubtedly, that will result in unnecessary backlogs and processing delays.

Ur Mendoza Jaddoul
Ur Mendoza Jaddou
Director, USCIS
PHOTO: PotomacLaw.com

These are the types of “X’s & O’s” practical problems that USCIS Director Ur Jaddou was hired to fix. So, she needs to “get on the stick” and fix this NOW!

A drastic increase in humanitarian parole applications and backlogs was totally predictable. Why is it only getting attention after it becomes a problem and draws public criticism? 

🇺🇸Due Process Forever!

PWS

10-25-21

👍🏼😎🗽MORE NDPA NEWS: IMMIGRATION GURU PROFESSOR STEPHEN YALE-LOEHR & CORNELL IMMIGRATION CLINIC HELP AFGHAN REFUGEES WITH HUMANITARIAN PAROLE REQUESTS!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

https://www.lawschool.cornell.edu/news/cornell-law-students-and-professors-assist-afghans-at-risk/

Cornell Law Students and Professors Assist Afghans at Risk

By Alexandra Eguiluz

October 19, 2021

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The National Lawyers Guild and the International Refugee Assistance Project chapters at Cornell Law School, along with two professors and over three dozen law students, are volunteering to help Afghans seeking humanitarian parole in the United States. The recent turmoil in Afghanistan caused by the withdrawal of American troops and the takeover of the Taliban has forced many individuals into hiding and fearing for their lives, especially if they helped the U.S. military, government contractors, or Western aid groups.

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Law student volunteers, Amy Godshall ’23 (far left), Jason Steuerwald ’23, Ethan Taveras ’23, and Matt Nelson ’23 (far right) preparing to mail the eleven cases they filed during the first week of October.

Humanitarian parole is a rarely used avenue in U.S. immigration law that allows individuals to come to the United States temporarily for urgent humanitarian reasons. The U.S. Embassy in Kabul has been closed, leaving Afghans with no option but to either leave Afghanistan and begin humanitarian procedures in another country or stay in Afghanistan and have a family member or friend in the United States sponsor them. Almost all of the individuals who are receiving legal assistance on their humanitarian parole applications at the Law School are currently in Afghanistan.

Cornell Law students Ethan Taveras ’23, Amy Godshall ’23, Jason Steuerwald ’23, and Victoria (Tori) Staley ’23 are spearheading the project, which involves fifty law students who are volunteering their time and efforts. Aside from gathering paperwork from the families and filing cases, all four law students are also working on training other law student volunteers. Professors Stephen Yale-Loehr, director of the Asylum and Convention Against Torture Clinic, and Beth Lyon, associate dean for experiential education and clinical program director, are volunteering their time to supervise the law students.

“Currently there are about seventy active humanitarian parole cases we’re working on. Jason and Amy just filed a case for eleven people,” said Staley.

Although the project is in its initial stages, the students are facing some challenges, including high application fees ($575 per applicant), gathering evidence from individuals in hiding or separated from their identification documents, compiling all the documentation required for the application, and uncertainty with how long the U.S. Citizenship and Immigration Services will take to decide on the applications. All these challenges, particularly the last one, are currently leaving Afghan applicants “waiting, without knowing whether they should leave Afghanistan or not,” said Godshall.

Despite these challenges, most of the students have been able to speak directly with the Afghan clients and their sponsors. Some clients or sponsors speak English; in other cases, the students are using the translation feature in WhatsApp. “We hope to file another chunk of cases in the next few weeks,” said Staley.

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

Thanks, Steve, to you and your students for all they are doing for humanity and American justice! 

I must say that for USCIS to charge each refugee $575 for the humanitarian parole application seems rather “Trumpian.”

🇺🇸Due Process Forever!

PWS

10-21-21

🗽👍🏼😎NDPA NEWS: AMAZING PRACTICAL SCHOLAR PROFESSOR ERIN BARBATO LEADS UW LAW CLINIC IN HELPING AFGHAN REFUGEES @ FT. McCOY, WI!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Here’s Erin on PBS-Wisconsin:

https://pbswisconsin.org/news-item/legal-aid-for-afghan-refugees/

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

Thanks, Erin for all you and your students do for American justice and social justice. You and your students make me proud to be a UW Law alum!

🇺🇸Due Process Forever!

PWS

10-21-21

🗽🇺🇸 SPEAKING UP FOR AFGHAN REFUGEES: Former Government Senior Officials (Including Me) Urge Biden Administration To Invoke Emergency Parole Authority To Save Lives!

Letter to Secretaries Mayorkas and Blinken – August 25, 2021

August 25, 2021

The Honorable Alejandro N. Mayorkas Secretary of Homeland Security
U.S. Department of Homeland Security Washington, DC 20528

The Honorable Antony Blinken Secretary of State
U.S. Department of State Washington, DC 20520

Dear Secretaries Mayorkas and Blinken:

We write as former senior officials with responsibilities for U.S. refugee and immigration programs at both the federal and state levels.

There is no question that the current situation in Afghanistan demands a significant, substantial, and generous U.S. humanitarian response, including through urgent action to evacuate Afghans who have been associated with the United States presence in Afghanistan as well as Afghans at serious and severe risk due to their participation and leadership in activities that were strongly supported and endorsed by the United States. Such activities have included promoting the rights of women and girls, leadership of civil society organizations and initiatives, involvement in journalism, and engagement in the arts, among others.

Under current exigent circumstances, we believe that the administration should use the broadest array of authorities to secure the rescue of Afghans and to provide resettlement in the United States and other countries, as part of an international responsibility-sharing effort.

In this respect, we want in particular to convey our support for use of the parole authority as one critical tool, especially to supplement authorities of the Refugee Act, which—while crucially important—may prove in some respects to be too limited and cumbersome to address fully the urgent and emergency situation.

As you know, 8 U.S.C. 1182(d)(5)(A), vests in the Secretary of DHS the discretionary authority to grant parole for urgent humanitarian reasons or significant public benefit to applicants for admission temporarily on a case-by- case basis. To be sure, in 8 U.S.C. 1182(d)(5)(B), Congress limited the parole authority by restricting its use with respect to those who are refugees, unless the Secretary determines that ‘‘compelling reasons in the public interest with respect to that particular alien require that the alien be paroled . . . rather than be admitted as a refugee.”

The current situation in Afghanistan surely constitutes such a compelling reason, in light of the life-threatening circumstances for would-be applicants and the inability of the U.S. Refugee Admissions program to quickly accommodate the requirements of rescue. Of course, parole is not an end in itself, but would permit further processing through available statutory or administrative mechanisms.

2

Moreover, whatever the respective requirements and benefits of both case-by-case decision- making and the establishment of regulations authorizing a particular program, it has long been acknowledged and accepted that administrations may identify particular groups of individuals who may be eligible for consideration of parole.

Thus, we believe it important to convey our support for your use of this authority, and our willingness to support you in any way possible in the challenging days, weeks, and months ahead.

Sincerely,

T. Alexander Aleinikoff

Former General Counsel and subsequently Executive Associate Commissioner for Programs, Immigration and Naturalization Service (INS) (1994–1997)

Mette Brogden

Former Wisconsin State Refugee Coordinator (2010–2016)

Bo Cooper

Former General Counsel, INS (1999–2003)

Paul Stein

Former Colorado State Refugee Coordinator (2005–2014)

Stephen H. Legomsky

Former Senior Counselor to Secretary of Homeland Security (2015)
Former Chief Counsel, U.S. Citizenship and Immigration Services (USCIS) (2011–2013)

Hiram Ruiz

Former Florida State Refugee Coordinator (2008–2015)

David A. Martin

Former Principal Deputy General Counsel, U.S. Department of Homeland Security (2009–2010) Former General Counsel, INS (1995-1998)

Maria Otero

Former Undersecretary of State for Civilian Security, Democracy, and Human Rights (2009–2013)

Anne C. Richard

Former Assistant Secretary of State for Population, Refugees, and Migration (2012–2017)

Myrta (Chris) Sale

Former Acting Commissioner, INS (1997) Former Deputy Commissioner, INS (1997–1999)

Paul Wickham Schmidt

Former Chair, Board of Immigration Appeals (1995–2001)

Former Acting General Counsel, INS (1979–1981; 1986–1987)

Eric Schwartz

Former Assistant Secretary of State for Population, Refugees, and Migration (2009–2011) Former National Security Council Director for Human Rights, Refugees, and Humanitarian Affairs and subsequently Senior Director for Multilateral and Humanitarian Affairs (1993–2001)

Samuel Witten

Former Principal Deputy Assistant Secretary for the Bureau of Population, Refugees, and Migration, U.S. Department of State (2007–2010)
Former Deputy Legal Adviser, U.S. Department of State (2001–2007)

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

Many thanks to Eric Schwartz and Alex Aleinikoff  for spearheading this effort! I’m so proud and honored to be a member of this distinguished group and to speak up for the lives and safety of those in peril.

This, of course, supports the recent LA Times op-ed from our good friend Professor Karen Musalo of the Center for Gender and Refugee Studies at Hastings Law, which I recently republished:

🗽🇺🇸 NDPA SHINING SUPERSTAR 🌟 PROFESSOR KAREN MUSALO @ LA TIMES: It’s Not Rocket Science! 🚀 — The US Can & Must Take Afghan Refugees!

🇺🇸Due Process Forever!

PWS

08-25-21

🗽CUT THE RED TAPE, SAVE LIVES!

Thanks

https://www.sandiegouniontribune.com/opinion/commentary/story/2021-08-20/afghan-allies-treated-poorly

From the San Diego Union-Tribune:

Our allies were given a promise, and leaving them to die will be an unforgivable act of cowardice.

BY ODAY YOUSIF JR.

AUG. 20, 2021 4:54 PM PT

Yousif Jr., J.D., is a graduate of California Western School of Law and an American Constitution Society Next Generation Leader. He lives in Rancho San Diego.

Twenty years ago, the American military marched into Afghanistan with the declared intent of hunting down Osama bin Laden and ridding the country of Taliban extremists. Led by government leaders working in bad faith, thousands of civilians and soldiers were led to their deaths for a war now universally considered a failure. However, the most vulnerable population susceptible to death in Afghanistan are those Afghan allies who risked their lives to work for the foreign forces. They served as translators and services workers and any role that required the help of the local population. Now, with the Taliban back in power, they will be the first to face death.

When local Afghans agreed to work for coalition forces, they were made a promise: work for us and we will give you a visa to the U.S. They put their safety on the line working for the military forces but did so in order to give them and their families the chance for a better future outside Afghanistan. They worked anywhere service members went, from battlefields to bases. Often, they were the people who saved the lives of the soldiers they worked for. They were not just local Afghans but critical allies necessary for the ongoing mission in their country. At that point, we had nothing short of a deep-seated moral obligation to make sure they were protected.

. . . .

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

Read the complete op-ed at the link.

Amen! It’s not rocket 🚀 science! But, it does require expertise, guts, and a sense of urgency!

🇺🇸DPF!

PWS

08-23-21

☹️PROGRESSIVE ADVOCATES SENT TO BACK OF THE BUS 🚌 AGAIN AS BIDEN HUMAN RIGHTS MISTAKES THEY WARNED AGAINST COST LIVES, PROMOTE CHAOS, DIMINISH AMERICA’S REPUTATION!☠️⚰️

Julian Castro
Julian Castro
American Politician

https://www.huffpost.com/entry/refugee-visas-afghanistan-withdrawal_n_61202499e4b029c152b4ff01

Kevin Robillard and Rowaida Abdelaziz report for HuffPost:

. . . .

There are currently more than 17,000 Afghan nationals — as well as an estimated 53,000 of their family members — awaiting visa approval through the Special Immigrant Visas (SIV) program. The U.S. brought over approximately 2,300 Afghans as part of the program from January to July, and another 2,000 over the last week.

The White House says it has cut the time necessary to approve SIV visas in half, and has issued more than 5,500 between April and July. But advocates say it needs to move faster.

“They seem to be afraid. They seem to be operating out of fear that being a bit bolder on issues with refugees, asylees and migrants will somehow cost them politically,” said former Housing Secretary Julian Castro, who made improving the country’s refugee system a central part of his 2020 presidential campaign. “This is an area where there’s growing disappointment and impatience ― and the stirrings of real anger ― towards the administration.”

. . . .

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

Read the full article at the link.

Julian Castro should have been given a major role by the Biden Administration on cleaning house and straightening out the human rights disaster and dysfunction left behind by Trump and Miller. But, at this point, would he really want the job?

🇺🇸DPF!

PWS

08-23-21