Tag: Alex Aleinikoff

🤯YOU’VE GOT TO BE KIDDING! — Bumbling  Administration “Cans” One Of Few Positive Changes In Asylum Adjudication Process!

 

Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

https://www.latimes.com/politics/story/2023-04-12/biden-asylum-processing-rule-pause

Hamed Aleaziz in the LA Times:

The Biden administration will pause its signature effort to reform asylum processing at the border, Department of Homeland Security officials confirmed Wednesday.

The so-called asylum processing rule, which the administration launched with great fanfare in 2022, allowed asylum officers to grant and deny asylum to migrants at the southern border.

Administration officials say the pause is a temporary measure designed to ensure that the country’s immigration agencies are prepared for a potential increase in border crossings after the end of Title 42, a pandemic-era policy that allows border agents to quickly turn back migrants.

But critics say the pause signals President Biden’s latest move away from reforming the asylum process and back toward Trump-style restrictions at the southern border.

. . . .

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Read Hamed’s complete’s article at the link.

Like the term “temporary,” a “pause” is a bureaucratic “term of art” used to deflect attention from what’s really happening. “Pauses” can last indefinitely. If, after two years to work on it, and touting it as a transformational change, the Biden Administration can’t put this fairly straightforward “no brainer” change into effect, it’s not obvious what the “right time” would be!

Granting much more asylum at the AO level nearer to the time of initial encounter is one way of gaining “leverage” and avoiding the EOIR backlog — without stomping on anyone’s rights!  The latter is key! 

I think most experts would say that it should have been much easier to implement this positive change than some of the new, tone-deaf, bone-headed “proposed restrictions” on asylum, re-instituting dehumanizing and problematic “family detention,” and removing 30,000 non-Mexicans per month to potential danger, exploitation, and death in Mexico. These moves are guaranteed to provoke strong opposition as well as generating some rather unhappy publicity when  the situation in Mexico gets out of control, as it inevitably will.🏴‍☠️

Remember folks, the Biden Administration claimed a year ago that it wanted to terminate Title 42 at the border. After an additional year, they still don’t have a plan for following the law! No wonder some critics perceived that the Biden Administration was actually relieved when a right-wing Federal Judge abused his authority to block the ending of Title 42.

Clown Car
Most experts doubt that the Biden Administration has the “right team” (pictured above) in place to restore fair, competent, due-process-compliant asylum adjudication at the border or anywhere else!
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

Instead of preparing, planning, and “knocking some heads” within the bureaucracy, the Administration has squandered the last year thinking up new anti-asylum gimmicks, rather than making the long-overdue changes at EOIR, the Asylum Office, and the Refugee Program necessary to admit refugees legally, robustly, and timely — in other words to restore the rule of law as they had promised.

Oh, for some competence, backbone, and leadership in the Biden Administration’s immigration policy bureaucracy! Never has America needed the Ambassadorial Level position of Refugee Coordinator more than now! Unfortunately, that important role established by the Refugee Act of 1980 was “swallowed and digested” by a hostile bureaucracy years ago. Alex Aleinikoff, where are you when your country needs you?

🇺🇸 Due Process Forever!

PWS

03-13-23

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. 🏴‍☠️☠️⚰️🆘GARLAND, MAYORKAS FAIL TO CORRECT GROSS ABUSES OF DUE PROCESS CAUSED BY MPP SYSTEM!  — Reopening All Of The Unconstitutionally Denied MPP Cases Should Be A “No Brainer” For Competent Officials & “Real” Judges! — Tell Judge Garland His Unconstitutional & Abusive Immigration Courts Can’t Wait To Be Fixed! — Lives Are Being Lost & Suffering Continues While He Diddles!
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  4. ☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮

🗽🇺🇸 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

Related posts:

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  4. THE HUMAN AGONY OF ASYLUM: SPEND 4 MIN. WITH MS. A-B- & HUMAN/WOMEN’S RIGHTS EXPERT PROFESSOR KAREN MUSALO — Beaten, Raped, & Threatened With Death By Her Husband, Hounded Throughout Her Country, Abandoned By El Salvadoran Authorities, She Sought Refuge In The U.S., Winning Her Case At The BIA — Then She Was Targeted For A Vicious Unprovoked Attack By Notorious Scofflaw Immigration Judge Stuart Couch & White Nationalist Xenophobe Jeff Sessions — She’s Still Fighting For Her Life!

PROTECTING KIDS FROM THE REGIME:  Legal Scholars & NGOs File Brief Supporting Children’s Rights Under International Law To Be Saved From The “Trump Kiddie Gulag” — Flores v. Barr

Ian M. Kysel
Ian M. Kysel
Visiting Assistant Clinical Professor of Law, Cornell Law School

Here’s a summary from New Due Process Army stalwart and Georgetown Law graduate Ian M. Kysel, Visiting Assistant Clinical Professor of Law, Cornell Law School:

 

As the amicus briefs in the 9th circuit appeal in Flores rolled in last night, I wanted to flag one in particular on which I am co-counsel: anamicus brief by more than 125 legal scholars and non-governmental organizations. It is attached. In it, we argue that a decision by the 9th circuit allowing the government’s regulations to enter into force would violate U.S. international law obligations. The amici on this brief include several current or former senior UN human rights experts from around the world (including members of the UN Human Rights Committee and the Committee on the Rights of the Child) as well as the former Deans of both Harvard Law School and Yale Law School (the latter, Harold Hongju Koh, also formerly served in government as both Legal Adviser and Assistant Secretary of Democracy, Human Rights and Labor at the U.S. Department of State). It is unusual to have so many senior experts on an amicus brief at the court of appeals level. The experts make clear to the 9th circuit that the government’s effort to permit indefinite detention of migrant children, including asylum seekers, in secure or more secure facilities with limited ability to challenge aspects of their detention, would violate core human rights protections (including children’s right to be free from unlawful detention and their rights to special measures of protection and to consideration of the best interests of the child) and that the regulations should remain enjoined, as continued enforcement of the settlement remains in the public interest.

 

Here’s a link to the brief, a “mini-treatise” on the rights of child migrants under international law:

2020 01 28 Flores Amicus Draft 4842-1836-6386 v.12[6]

KEY QUOTE FROM BRIEF:

INTRODUCTION

Under Article VI of the Constitution and Supreme Court precedent, U.S. courts have an obligation to enforce customary international law binding on the United States, as well as to construe federal law consistently with the United States’ obligations under customary international law and treaties ratified by the United States. The Government’s enjoined regulations,2 which repudiate the terms of the Stipulated Settlement Agreement in Flores v. Barr (“Flores Settlement”), would violate international law, including the United States’ treaty obligations and customary international law. This Court should decide the appeal in a manner consistent with U.S. obligations under international law. The policy changes the Government asks this Court to approve would violate the United States’ obligations to safeguard the rights of children to be free from unlawful detention. Under international law, the United States must provide children with special measures of protection and ensure children’s best interests are always a primary consideration. This Court should therefore affirm the District Court.

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

Thanks to Ian and all of his wonderful colleagues for speaking up for the legal (and human) rights of some of the world’s most vulnerable children to be protected against further intentional abuses by the Trump regime and its corrupt intellectually and morally bankrupt bureaucratic toadies (past, present, and, unfortunately, future).

I had the great pleasure of working with Ian and some of his colleagues, including some of my own students and former students, on the International Migrants’ Bill of Rights Initiative at Georgetown Law now continuing at Cornell Law under the leadership of Ian and my long time friend and colleague Professor Stephen Yale-Loehr.

The original International Migrants’ Bill of Rights Initiative at Georgetown Law was the “brainchild” of my good friends, renowned public international law expert Professor David Stewart, former Georgetown Law Dean and U.N. Deputy High Commissioner for Refugees Alex Aleinikoff, CALS Asylum Clinic Director Professor Andy Schoenholtz, and many others.

It’s hard to describe how satisfying it is to see younger folks that I have taught and/or mentored during my career go on to become leaders of the New Due Process Army and to continue the generational battle to make Due Process for migrants a reality, rather than the cruel and lawless charade and parody of justice that it has some under this regime.

Thanks again to Ian and all the others like him for taking up up the fight. And, of course, many thanks to Steve and other scholars and teachers like him for “keeping the fires of Due Process burning bright even during one of American Democracy’s darkest nights!”

Due Process Forever!

 

PWS

01-30-20

 

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