"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.
Creator: Ike Hayman Credit: Ike Hayman SOURCE: Wikipedia
Hillary’s statement from X:
I set out to build a new political home in West Michigan, and with this decisive victory, we’ve proven that what we made is built to last. It truly is a new day in West Michigan. It has been the honor of my lifetime to serve you in Congress, and I’m ready to get back to work.
42-years-old, brilliant, practical, solution-focused, works well with others, dedicated to family, flipped a formerly GOP seat in 2020. As Dems examine the “carnage of 2022,” maybe it’s time to thrust this rising superstar 🌟 into a more prominent leadership role!
America’s misunderstood border crisis, in 8 charts
For all the attention on the border, the root causes of migration and the most promising solutions to the US’s broken immigration system are often overlooked.
There is a crisis on America’s border with Mexico.
The number of people arriving there has skyrocketed in the years since the pandemic, when crossings fell drastically. The scenes coming from the border, and from many US cities that have been touched by the migrant crisis, have helped elevate the issue in voters’ minds.
But for all the attention the topic gets, it is also widely misunderstood. The last few decades have seen a series of surges at the border and political wrangling over how to respond. The root causes of migration and why the US has long been ill-equipped to deal with it have been overlooked. Understanding all of that is key to fixing the problem.
Yes, border crossings are up. But the type of migrants coming, where they’re from, and why they’re making the often treacherous journey to the southern border has changed over the years. The US’s immigration system simply was not designed or resourced to deal with the types of people arriving today: people from a growing variety of countries, fleeing crises and seeking asylum, often with their families. And that’s a broader problem that neither Biden, nor any president, can fix on their own.
Here’s an explanation of the border crisis, broken down into eight charts.
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I highly recommend reading Nicole’s entire excellent article, with informative charts, at the link.
When both sides in the political debate eschew truth in favor of dehumanization, scapegoating, and pandering to nativist interests, it’s easy to see why real solutions to immigration issues are elusive. But, it needn’t be this way if politicos, the public, and the mainstream media looked for humane, practical, solutions that dealt with the realities of forced migration in the 21st Century, including the inherent limitations of “deterrence,” overt cruelty, disregard of known consequences, and unilateral actions.
The Biden administration will propose new changes to the asylum system on Thursday, four people familiar with the matter told POLITICO.
The forthcoming changes will address the stage at which migrants can be found ineligible to apply for and receive asylum. Under the current system, eligibility is determined based on a number of factors during the interview stage — the administration is set to propose applying these standards during the initial screening stage.
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Read the entire article at the link. This system suffers from a chronic lack of asylum expertise, haphazard “any reason to deny” procedures, and an astounding, and deadly, lack of due process, fundamental fairness, and professionalism at all levels! More “summary denial procedures” will greatly aggravate, rather than solve, these problems!
Democrats, Democrats! Your endemic unwillingness and inability to stand up to and aggressively counter GOP nativist lies and fear-mongering on immigration and human rights, despite a huge body of practical expertise to draw upon, could lead to the end of American democracy!
President Joe Biden would make a mistake if he issued a new executive order to block asylum seekers in the hope of improving his election standing. It is unlikely the order would be lawful or effective. Instead, the Biden administration should focus on policies that have worked by expanding legal pathways. Individuals and families allowed to enter lawfully do not immigrate illegally.
The Associated Press reports, “The White House is considering using provisions of federal immigration law repeatedly tapped by former President Donald Trump to unilaterally enact a sweeping crackdown at the southern border.” The effort shows how pressure over the upcoming rematch with Donald Trump influences U.S. immigration policy.
The president may declare that individuals crossing the southwest border are ineligible to apply for asylum. A court would block it, given the experience when Donald Trump tried a similar approach via regulation.
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America needs workers. A recent study by economist Madeline Zavodny concluded that the slowdown in the working-age foreign-born starting in 2017 under Donald Trump’s immigration policies (and compounded by COVID-19) likely shaved off a significant amount of real GDP growth in 2022. Real GDP growth, or economic growth, is needed to improve living standards.
Zavodny, an economics professor at the University of North Florida, found that U.S. real GDP growth was lower by an estimate of up to 1.3 percentage points in 2022. In other words, the growth rate was only 1.9 percent but could have been as high as 3.2 percent if “the working-age foreign-born population had continued to grow at the same rate it did during the first half of the 2010s.”
Congress should create temporary work visas for year-round jobs in sectors like hospitality and construction to complement the current seasonal visas that cover jobs mostly in agriculture and summer resorts.
The loudest voices in the room are usually not the ones with the best solutions. On immigration policy, those shouting have called for more enforcement measures, even if such policies are ineffective. The Biden administration should focus on a policy that has worked by expanding humanitarian parole programs and other legal pathways.
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Read Stuart’s full article at the link!
Unfortunately, the Biden Administration has lacked consistent, dynamic, expert leadership on immigration. Consequently, cycles of modest successful positive steps are followed by irrational, failed “deterrence only.”
The Trump Administration turned immigration policy over to notorious White Nationalist restrictionist Stephen Miller and let him have his way. By contrast, the Biden Administration has shown little leadership on this important issue, despite having access to what is probably the greatest intellectual “brain trust” of proven immigration expertise and innovative “practical scholars” in American history!
Preferring to avoid the discussion, the Administration has bounced aimlessly from modest improvements to proven failed cruelty and repression. It’s what happens when an issue of fundamental values that requires vision, courage, consistency, and creative leadership is improperly relegated to the realm of “political strategy” controlled by those who have never personally experienced the human trauma of failed immigration enforcement feeding into a dysfunctional, due-process-denying “court system.”
Stuart understands the issue far better than anyone I’m aware of in Administration leadership. The Biden campaign should “give him a call” and heed his advice!
Last Tuesday, in an interview with Univision’s Enrique Acevedo, President Joe Biden again said he’s considering issuing an executive order to ban asylum at the border. It’s an idea that Biden has floated before as the presidential election season slogs on, and after the bipartisan border bill meltdown in Congress. “We’re examining whether or not I have that power. Some are suggesting that I should just go ahead and try it,” Biden told Acevedo. “And if I get shut down by the court, I get shut down by the court.”
If Biden were to do such a thing, he would rely on Section 212 (f) of the Immigration and Nationality Act (INA), which gives a president the authority to suspend entry or place restrictions on noncitizens.
If this sounds familiar, it’s because Trump tried this several times during his presidency, most notably with the xenophobic Muslim ban. None of them were successful, and they only injected more chaos into an already beleaguered immigration system. So why is Biden proposing this idea now? The Border Chronicle spoke with immigration expert Aaron Reichlin-Melnick, policy director at the American Immigration Council, about Biden’s proposal and what an asylum ban would mean for asylum seekers and border communities.
Biden is floating the idea of issuing an asylum ban. How will this impact people seeking asylum at the border? And can the president actually, you know, just shut down the border?
So I’ll start with the second question. The answer is no. Though there are some authorities that get you somewhere close to it, like Title 42. But it’s important to understand the distinction between the legalistic aspect of issuing an order that further bans crossing the border and actually, effectively shutting down the border.
The best example of issuing an order that I would point to is President Trump’s 212 restriction from November 2018, through February 2021, which suspended the entry of all migrants crossing the border illegally. So we already know what it looks like when a president invokes Section 212 (f) of the INA to suspend the entry of migrants. What it looks like is nothing, because nothing happened. And that is because it is already a violation of immigration law to cross the border without inspection. And so adding another reason, you know why that’s not allowed, doesn’t have any practical impact on people who simply walk across the border or wade through the river or climb over a wall. Because the important question is not whether a person is committing an unlawful act by crossing. The important question is, what can the U.S. government do to respond once a person is on U.S. soil? This is why Section 212 (f) is not a good tool for addressing irregular migration.
The other question is, how does that affect people seeking asylum? Well, not very much. We saw this with the Trump administration, in order to carry out their 212 ban. They had to do two things: They had to issue the proclamation suspending the entry of migrants. And then separately, they passed a regulation saying, we are going to ban asylum to anyone who crosses the border in violation of the proclamation. And it’s that regulation that got struck down as unlawful with a court in California, and then the Ninth Circuit saying and affirming that what that amounted to was a total ban on asylum for people who enter the country illegally, which is simply not permissible, because the INA says people, no matter how they arrive in the United States, may apply for asylum.
Photo courtesy of Aaron Reichlin-Melnick
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I think people often forget about this, right? I mean, the law says that you can arrive anywhere at the border and ask for asylum.
You can arrive anywhere, and you can have any status. You can be documented, undocumented, you can enter legally or illegally. The key issue is whether or not you are physically present in the United States. And in that case, then they are allowed to apply for asylum. Now, the Biden administration has imposed an asylum restriction that does target people primarily by how they enter the United States. It is currently on appeal at the Ninth Circuit, and the legality of it is not entirely clear. This is the circumvention of lawful pathways rule from last May. The Biden administration basically argued that it wasn’t a total ban on asylum, because it wasn’t technically based on the manner of entry, so it didn’t violate the INA. I think that was a weak argument, though.
If Biden were to implement the ban, would it impact legal migration?
Probably not at all. This would be a restriction, like the Trump restriction, that would apply only to migrants who cross the border between ports of entry, not those who go to ports of entry. So it would probably have no impact at all on legal migration. The crucial thing to understand is that, as a practical matter, even if they do manage to get an asylum restriction in place, which passes court muster, actually carrying out that restriction on migrants at the border is a very different story. And as we are seeing today, with the circumvention-of-lawful-pathways rule, even if you have banned asylum to nearly everybody crossing the border illegally, that does not actually mean that nearly everyone who crosses the border illegally is restricted from seeking asylum.
What impact could the asylum ban have on border communities? Do you think we’d see a buildup of people on the Mexican side and in camps just sort of waiting and trying to figure out what to do?
Anytime a new policy goes into effect, there’s a wait-and-see period. The Biden administration is already maximizing credible fear interviews. So it wouldn’t have a major change on how people are processed at the border. Other than that, the few 15 percent who were even put through credible fear, they would get denied. But even then, not all of them would get denied because, crucially, an asylum ban is discretionary. It’s just an asylum ban, and there’s more to humanitarian protection than just asylum that migrants can potentially invoke to avoid rapid removal or deportation proceedings. There’s withholding of removal, which is a form of asylum that’s harder to win and offers fewer benefits. And there’s protection under the Convention against Torture. So even today, people who are not eligible for asylum are still managing to pass their fear screenings because they could demonstrate eligibility for withholding or eligibility for protection under the Convention against Torture.
So, realistically speaking, having this asylum ban applied to 100 percent could mean only a few hundred people more a month being ordered removed. Not a huge shift. But for those people, obviously a very, very dramatic change. The question then is, how does the Biden administration talk about this? Does the ban discourage some people from showing up? You know if they falsely believe that this is a major shift? And, of course, how does Mexico respond?
These are the questions that are more important, because with Section 212 (f), I don’t see a way for the president to re-create something like Title 42, where people are simply expelled back across the border without being able to seek asylum. Even the Trump administration acknowledged that that’s not something that they could do with Section 212 (f).
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What strategy do you think Biden’s using here by floating this idea? Is it purely for political reasons? Because it’s an election year?
I don’t know. I think there’s a reason that they haven’t done anything yet. And that reason is likely to do with the fact that the lawyers have probably explained to Biden what happened when Trump tried and how unsuccessful that was.
Has the narrative around immigration and the border become so removed from reality that it’s just not helpful at this point?
Yes, I do think so. People want an easy solution, you know, build the wall, what have you, and are not acknowledging that this is an issue that the United States has been facing for, in its modern form, for 15 years. If you go back further, 100 years, really, ever since we first made it illegal to cross the border, we’ve been dealing with the challenges of how do you enforce that law? If you go back to the late 19th century, when Congress passed the Chinese Exclusion Act, the United States created a Bureau of Immigration where they had an entire division whose job it was to try to stop Chinese people coming in from Mexico and Canada. And then, in the early 20th century, the biggest issue at the southern border was Mexican migrants crossing the border without permission. We have a nearly 2,000-mile land border on the south and a 3,000-mile land border on the north. That is a lot of territory to patrol even in a modern world with technology. And the United States has been through a period of high migration for 40 out of the last 50 years. For 40 years it was Mexicans, not entirely, of course, and there were Central Americans during the death squad years of the 1980s, who came to the United States for safety.
But the real shift that’s happened in the last three years has been people from further abroad. And it is just a challenging issue in a world that is more interconnected and hypermobile than at any point in human history. And we have to acknowledge that complexity when we talk about how to address this issue.
I think when people are talking about, you know, just shutting down the border, they forget about the billions in trade and citizens from both sides who are crossing the border every day.
Right, exactly. Oftentimes, people don’t even think about that, you know, most people don’t know that about the half a million people who enter the United States every single day at the southern border. That’s at least 16 million entries a month. And that’s people legally crossing back and forth for school, for work, for commerce, or tourism. So when people say, “Let’s shut down the border,” they mean to migrants, but they’re not thinking about the rest of it. And you have to go back to this question of, is that something the United States can do or wants to do? Let’s say you build a Berlin Wall with, you know, gun towers, and Trump’s moat filled with alligators and shoot migrants in the legs. That probably would deter some people. But then are you a country that is murdering people for trying to seek a better life? Do we want to be that kind of country?
So here’s a really tough question. Do you have any solutions?
An overwhelming majority of people who would like to come to the United States have no legal pathway to do so. Alternate pathway strategies are key. This puts a focus on those who haven’t yet made the decision to leave. I think it’s important to put that in that framework. Because once people have already left, they have sold their house, they’ve abandoned the lease, they, you know, liquidated a lot of their savings, they may have sent a child to a parent or an aunt or uncle. All of which means, at that point, that simply going back becomes much harder.
We also have to address the root causes for why people leave their home countries, which is the hardest to do, of course. This would require the United States to reckon with its own record of foreign policy in Latin America, which is something a lot of politicians do not want to do. Alternate pathways are a good middle ground there, because you can give people an opportunity to come to the United States temporarily and legally without breaking any laws, starving the smugglers of resources. And making it easier for people to get here without falling into the hands of bad actors.
Once people are at the border, though, it’s a different story. There have to be better options for people to cross legally at ports of entry. People still need the opportunity to seek asylum. But there should also be an enforcement component for people who don’t fall within our asylum laws. Right now, the issue is that the system can’t easily distinguish at the border between those who have slam dunk asylum claims from those who just want to come here for a better life. And that is because for years Congress has failed to provide enough resources to the asylum system, humanitarian protection, systems screening—all of that is grievously underfunded and has been for decades.
Given the scale of migration we see today, the system has buckled under its own weight. So, we have to build the system back up and allow it to function. And that means delivering a yes in a reasonable time and delivering a no in a reasonable time regarding asylum claims. You know, it shouldn’t take seven years.
And it’s important to keep reminding people that these issues didn’t just start in 2020 with the Biden administration.
This is not a new issue. And it’s one that requires us to think outside of a partisan lens. This is about U.S. government capacity, the underlying legal structures, and U.S. foreign policy across the region, which has gone on for generations. The underlying legal authorities haven’t changed in decades. And the external circumstances have changed dramatically.
The ability of migrants to get to the border is easier than it has ever been. Flights are cheaper, and people have cell phones and Google Translate. In the past, if you wanted to get to the border, you would need to speak some Spanish, you would need to know someone. Now you can find all the information online. You can find it circulating on WhatsApp, Telegram or TikTok. And once you’re in a foreign country, you know, if you’re an African migrant who speaks French when you come through Mexico, you can use Google Translate to talk to other migrants and find out what they know. And so moving and migrating across the world is easier now than it has ever been. And that’s not necessarily a genie that we can put back in the bottle. And I think people need to acknowledge that and start thinking more broadly about what that means for the modern world.
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Undoubtedly, as noted in this interview, “the narrative around immigration and the border [has] become so removed from reality that it’s just not helpful at this point.”
The nativist GOP doesn’t want to acknowledge the reality of immigration, including by refugees and asylees, its inevitability, and its proven long-term benefits to America.
By contrast, Dems are afraid of the reality of immigration and too politically timid to stand up for the right to apply for asylum.
What both parties have in common is that they are perfectly willing to accept the benefits of immigration of all types — after all, this is a nation of immigrants — while denying the very humanity and the legal and human rights of those courageous and talented individual immigrants, of all types and statuses, who have built our nation and continue to do so. 🤯🤮👎🏽
“Do you support American taxpayer dollars being used to fly illegal immigrants from countries like Venezuela and Haiti into America to be settled in cities and towns near you? If so, then vote against me. Vote no to preserve this practice of using taxpayer dollars to charter planes that move and import thousands of illegal aliens into your states.”
— Sen. Bill Hagerty (R-Tenn.), in a speech on the Senate floor, March 23
“Have you had to cancel or rethink any upcoming summer trips because of high prices? Don’t worry — your taxpayer dollars will be used to pay for illegal immigrants to fly into a town near you.”
— Rep. Mark Green (R-Tenn.), chair of the House Homeland Security Committee, in a post on X, April 2
Two lawmakers from Tennessee have issued misleading statements about a Biden administration program that permitted an increased use of a process known as humanitarian parole for migrants from Cuba, Haiti, Nicaragua and Venezuela. Hagerty offered an amendment to a spending bill — defeated in a party-line vote — that he said would prevent taxpayer dollars from being used to fly in migrants. Green, on X, posted a Fox News article — headlined “All Senate Dems vote against barring taxpayer funds to fly illegal migrants to US towns” — and made a similar claim.
Under the Biden program, people from these countries who try to cross the border without the proper paperwork are ineligible for parole and subject to expulsion. Instead, before arriving, they must receive authorization to travel to the United States and a statement of financial support from a sponsor.
As of the end of February, the Department of Homeland Security says, more than 386,000 people from those countries had arrived lawfully in the United States and another 19,000 were vetted and authorized to travel. In other words, they are not in the country illegally, despite the rhetoric in the statements.
And beyond the question of whether these immigrants are “illegal,” if you listen to Hagerty and Green, U.S. taxpayers are footing the bill for their travel. That’s wrong.
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Four Pinocchios Source: WashPost
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Get all the relevant facts in the complete report at the link!
Dems appear “chronically afraid of touting success” when it comes to immigration. These programs show that with leadership, creativity, and coordination, robust, realistic legal immigration programs will garner public support, be cost effective (particularly when compared with expensive, wasteful, ineffective, cruel “detention and deterrence”), take pressure off the border, and maximize America’s ability to capitalize and maximize the benefits of human migration.
Despite the GOP’s disingenuous denial, human migration, including forced migration, is a reality! The countries that eschew “GOP-style” fear-mongering, xenophobia, and nativism to work with and manage human migration in an orderly, fair manner will own the future.
While most of the debate over immigration focuses on the U.S.-Mexico border, one of President Joe Biden’s most effective policies so far has occurred elsewhere ― at airports.
For a little over a year, Biden has used what’s called “parole” authority to collectively allow up to 30,000 vetted Cubans, Haitians, Nicaraguans and Venezuelans per month into the country, mostly via air travel, for a temporary two-year window.
The program is based on the authority held by the federal government under the 1952 Immigration and Nationality Act to grant temporary admission to foreigners on a “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” And, the Biden administration touts, it has been accompanied by drops in the number of nationals from each of these countries who’ve crossed the U.S.-Mexico border on foot.
But to hear some right-wingers talk about it, the “CHNV parole” program — the name an acronym for the nationalities it encompasses — is a secret, treasonous endeavor that utilizes government-funded charter flights to transport “illegal” migrants into the United States. None of that is true, but that doesn’t seem to be the point.
“I don’t know of anyone in Congress who knew this!” exclaimed Sen. Ted Cruz (R-Texas) on a podcast episode, just 14 months after Biden himself announced the CHNV parole program during a public press briefing and despite regular publications of data on the program by the Department of Homeland Security.
The false accusations of secret taxpayer-funded charter flights ferrying unvetted migrants to new lives in the United States plays into Republican attempts to cast immigration issues as a major crisis — and one on which Democrats are failing — ahead of the 2024 election.
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The precedent to the CHNV parole program was introduced in October 2022, when the Department of Homeland Security created a parole program for Venezuelans that was modeled on the Ukrainian program, requiring applicants to have a U.S.-based sponsor who’s financially able to support them and to pass vetting and background checks. In January 2023, the White House announced the program would expand to include Cuba, Haiti and Nicaragua.
Individuals from those four counties who meet the requirements and haven’t attempted to cross the U.S.-Mexico border between ports of entry are allowed to fly from their home countries into the United States rather than appearing in person at land border crossings.
Since January 2023, more than “386,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived lawfully and were granted parole under the parole processes,” U.S. Customs and Border Protection wrote in a February 2024 update.
“There’s no doubt that the CHNV program is by far the largest-scale parole program that any administration has done in decades,” said Aaron Reichlin-Melnick, policy director at the American Immigration Council, a research and legal advocacy organization.
And data supports the administration’s claim that the parole program, as part of a larger package, has helped discourage “irregular” migration.
As the Cato Institute reported in September, illegal entries by Venezuelans fell 66% from September 2022 to July 2023 and from December 2022 to July 2023, illegal entries fell 77% for Haitians, 98% for Cubans and 99% for Nicaraguans. Compared with peaks in CHNV numbers in 2021 and 2022, the report added, July 2023 arrests for those four nationalities were down 90%.
“There has not been a single month where unlawful entries of the four countries combined has been above the level it was in December 2022,” Reichlin-Melnick said.
The White House announced the policy as part of a package explicitly meant to “increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” The Biden administration grouped the program with others meant to encourage “legal pathways” into the United States ― such as increased refugee admissions and asylum opportunities in other countries ― and alongside harsher border enforcement for migrants who broke the rules.
Naree Ketudat, a spokesperson for the Department of Homeland Security, told HuffPost in a statement that the CHNV parole process was part of a strategy to “combine expanded lawful pathways with stronger consequences to reduce irregular migration, and [has] kept hundreds of thousands of people from migrating irregularly.”
And yet many on the right have misrepresented ― or simply lied about ― what the parole program is, playing on anxieties about race and national identity to paint it as part of a supposed scheme by Democrats to overwhelm the country with new residents or somehow displace American citizens.
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Read the complete article at the link.
Beyond the barrage of racially-driven GOP lies, Dems have failed to capitalize on the success of Biden’s efforts and its benefits to the U.S. economy. Significantly, rather than just “moaning and groaning” about the so-called “immigration problem,” the Biden Administration actually took innovative action to address the situation.
The GOP claim that the program is “secret” is a blatant lie! Yet, you would be hard pressed to find any recent examples of Biden, Harris, their campaign officials, or Dem politicos touting the success of the parole program or the critical role of immigration of all types in the continuing strong performance of the U.S. economy.
You would would be much more likely to come across disingenuous statements blaming the GOP for not giving Biden “authority” to close the border, violate human rights, inflict more needless cruelty, and otherwise dehumanize asylum seekers at the Southern Border. In this way, Dems unwisely are playing along with the GOP nativists and giving them “cover” for their lies.
I’ll admit to initially being somewhat skeptical about the parole program, mainly because it could be seen as deflecting attention from much needed reforms and revitalization of existing legal programs for the admission of refugees and asylees that had been intentionally “kneecapped” by the Trump Administration.
Of course, no “pilot program” like this — particularly one with nationality restrictions and somewhat arbitrary numerical limits — can solve overnight problems allowed to fester for years. Yet, the parole program has demonstrated important principles that should form the basis for more durable legislative reforms of our legal immigration system:
Given realistic options, most individuals would choose to be pre-screened and apply from abroad (i/o/w “If you build it, they will use it!”);
Private sponsorships can play a key role in the selection, welcoming, resettlement, and integration process for legal immigration;
Allowing immigrants to work immediately upon arrival — rather than forcing them into an overburdened and over-bureaucratized work authorization process — benefits everyone;
More robust legal immigration opportunities will reduce pressure on the border and keep cases out of the backlogged Immigration Courts.
Rather than being a “false bone of contention” in the “immigration debate,” innovations like the parole program should form an empirical basis for bipartisan legal immigration reform and expansion that will benefit our nation and those who seek to become part of it in the 21st Century.
When we entered the garden, Tomás’s face relaxed. We were at the Casa de la Misericordia de Todas las Naciones in Nogales, Sonora, Mexico, where he had resided for six months with his wife, Cristina, and three children. Before we entered the garden, Cristina and Tomás told me that a criminal group had abducted their 20-year-old son, Carlos, in the small rural community where they lived in the mountains of the Mexican state of Guerrero. Carlos returned to the family, but they knew he was under threat, that the whole family was in danger. As we spoke under the shade of a large tree, children raced around and played on a swing set in front of a yellow building that housed primarily mothers with young children. About 120 people, including entire families, were staying at this shelter, which was designed for people seeking asylum. Cristina did most of the talking, but at the end Tomás asked me if I wanted to see the garden. Cristina had to return to the kitchen, which was her responsibility this week. For his part, Tomás had been the encargado of the garden, in charge of it, he told me, since they arrived.
He showed me the radishes, the calabazas, the zanahoria. He showed me what remained of the tomatoes and chiles that got blasted by the cold. He showed me the lombrices, earthworms burrowing in the composting soil topped with banana peels. As he showed me all the plants, Tomás talked about how much he loved farming, how much he loved planting seeds, how much he liked caring for these plants and watching them grow. In Guerrero he had tended his milpa (small parcel of land) of squash, beans, and corn every day. As he spoke, I tried to envision his rural mountain community; over the years I have met many campesinos, small farmers, across southern Mexico, in his state of Guerrero, in Oaxaca, in Chiapas. Having knelt in the soil of the milpas before, I understood how this small garden in Nogales was like a sanctuary, especially in the face of a scary situation, as Cristina and Tomás had told me, away from home, away from your roots, your child’s life in danger, wondering if you would get asylum. When they arrived six months earlier, they applied for asylum on the glitchy, confusing, and difficult-to-use CBP One app with the help of staff at the Casa, a service they offer to all people staying in the shelter. Tomás told me that when things got stressful, “I come here to the garden. And the stress goes away.” He made a motion with his hand. His hand then touched the soil, searching for the plants. He looked up, and his face was serene.
From where we talked in the garden, we had a sweeping view of Nogales. The Casa is perched on a hill above a working-class neighborhood called Bella Vista, where the bustle often starts in the early morning as maquila workers head to the factories. For line workers making Samsonite suitcases, General Electric lightbulbs, or Masterlocks, the wages are a pittance—giving Nogales a feel of a city in constant strain and struggle.
Also, from the Casa you can look north toward the border with Arizona. Last Thursday, President Joe Biden and Donald Trump came to the border in “dueling visits,” but in faraway Brownsville and Eagle Pass, Texas. People like Tomás and Cristina and family were in the news again, not as their full human selves but as flat numbers and statistics. The “narrative of overwhelm,” as Erika Pinheiro put to The Border Chronicle in an audio interview, was full steam ahead. Alarmist rhetoric filled the airwaves, including the omnipresent “record numbers” of people crossing in every report. In Brownsville, in a proposal that might have seemed like fiction if we went back in time to the 2020 campaign, Biden challenged Trump to “show a little spine” and help him tighten the border by supporting the enforcement-heavy border bill shot down by the Senate in early February. For Trump’s part, he referred to people crossing the border as the “Joe Biden invasion”and as a “vicious violation to our country.” At this point in a heating-up U.S. presidential campaign, the age-old depiction of migrants as either dangerous or a mass of faceless numbers arriving to the benevolent U.S. doorstep was in full effect. More enforcement, both sides were clearly stating, was the solution.
Tomás knelt down to the soil. He showed me the garlic and onions he had planted as an experiment. “Do you want to try a radish?” he asked me in Spanish. “Yes,” I said, “please.” He plucked a radish out of the soil. I wiped off the soil and took a bite. I don’t know if it was because I was hungry (I was), or if it was the force of the stories Tomás and Cristina had shared (probably that too), or just watching Tomás work the soil, tenderly touch the plants, his face soft and concentrated, the perils of asylum-seeker limbo temporarily forgotten, that I knew that this type of care would render something delicious. The radish was so succulent that I finished it too quickly, but I was too bashful to ask for another, even though I wanted one. We could still hear the voices of playing kids coming up from below; there were people from all over Mexico, from Central America, from Peru, Colombia, and from across the world like China, Iran, and Senegal. Before talking with Tomás and Cristina, I visited the tortillería, where three young men worked making tortillas. I visited a workshop where people made weavings and other art projects.
I visited a gigantic bread oven—where people from different countries baked bread in their own traditions, and I visited the kitchen and dining room where banners celebrating the Chinese New Year hung from the walls. One new year celebratory sign read in English, “Be patient, Be light, Be love, Be you!” Another read in Spanish, “La amabilidad es la llave de todas las fortunas” (Friendliness is the key to all fortune).
The shelter is run by its director, Alma Angélica Macías, but the effort was a community one, and a binational one. I was there with a small group of people from the Good Shepherd UCC church in Arizona who bring food to the Casa every Thursday. And given that the shelter allows people to stay as long as the asylum process takes, the Casa had a feel of a multinational hub where people of different nationalities had formed deep bonds, and as I stood there with Tomás, I was moved by this beautiful, alternative view of the border that rarely sees the light of day in the media.
Right as I was about to leave the garden, Tomás’s 20-year-old son came to ask him a question. Tomás introduced me to Carlos, and as I looked into his young face, I remembered the threats to his life that had led them there. As I stood waiting, they talked among themselves, and I thought again about the presidential race, the constant push for more border enforcement, the rightward drift of that debate, the talk that the U.S. government was going to clamp down even harder on asylum seekers—all while watching the father and son talk in calm, sweet tones in that lovely garden. When they were finished, there was a pause. One last moment to take in the garden and the sweeping view around us. I used the pause to thank Tomás for showing me the garden, for showing me his gift with the land. I didn’t know what to say except that I thought it was beautiful and that I felt inspired. And then—after a quick, tender, and vulnerable look to young Carlos, who was still by his side—Tomás told me, as if he didn’t want to have to say it, “I hope they give us asylum.”
*For the story, I altered the names of the family from Guerrero at the request of the shelter.
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Click the above link for the original article with Todd’s wonderful border photography!
As I often say, we can diminish ourselves as a nation, (as both Trump and Biden are doing with their “misleading dehumanizing rhetoric” and spineless “scapegoating”), but it won’t stop human migration. Dehumanization and victimization in the end highlight the humanity of the victims while diminishing the dehumanizers.
Notably, this family has spent months trying “to do things the right way” by scheduling an appointment through the woefully inadequate “CBP One App” and appointment system. Yet, it appears that they have not even been given the interview to which they are entitled by law, nor have they been given a date for the fair merits adjudication they deserve!
The immense backlogs that everyone complains about (and which actually hurt legitimate asylum seekers like Tomás and his family) are largely self-created by years of USG over-investment in ridiculously expensive and ultimately ineffective enforcement accompanied by grotesque “under-investment” in timely, professional, and humane screening and adjudication of claims.
Both Biden and Trump know or should know that “the app” and the system it engenders are hopelessly defective. Yet, rather than moving to fix it (Biden) or urging supporters to invest in fixing it (Trump), both candidates shamelessly dump on the victims of their joint misfeasance and urge “further punishment” of those victims, apparently to “CTAs” for their own legal and moral failures.
Such is the “bogus border debate” — actually not a “debate” but rather a “one-sided nationalistic lie-fest” highlighted by obscene finger-pointing and journalistic malpractice on a catastrophic scale. All this happens with human lives and the very future of our democratic republic hanging in the balance!
Eventually, the judgement history on this disingenuous “bipartisan exercise in neofascism” will fall on the shameless politicos, the complicit media, and those who fail to call them out for their lies and misdeeds. Whether that judgement will come in time to save Tomás, Cristina, Carlos, and others like them seeking only justice and humanity from our nation is a different question. Like Tomás, one can only hope!
Catherine Rampell Opinion Columnist Washington Post PHOTO: Linkedin
Catherine writes:
. . . .
Perhaps most distressing for Democrats, when survey respondents are asked to rate Biden against the likely GOP presidential nominee, Biden fares poorly.
They remember the economy under Trump as being much better than the economy is today, CBS polling found. The last year of Trump’s presidency, when unemployment reached its highest level since the Great Depression, apparently doesn’t count, or has been forgotten.
Voters are also more than twice as likely to say that Trump’s policies helped them personally as they are about Biden’s work, the New York Times-Siena poll found.
And when asked whether a second term from either candidate would lead prices to go up or down, voters are more than twice as likely to believe Trump would push prices down as they are for Biden, per the CBS poll.
This is astounding. Leaving aside the faulty premise of that question — the overall price level almost never goes down; it merely rises more slowly — Trump’s policy agenda would likely worsen inflation. Why? Consider his main economic proposals:
• An additional 10 percent tax on all global imports, plus 60 percent on Chinese goods. As I’ve cited before, four separate studies found that the costs of Trump’s prior tariffs were borne mostly or entirely by Americans via higher prices.
• A reduction in the labor supply by slashing levels of both illegal and legal immigration. For instance, Trump would not only deport much of the agricultural workforce that’s undocumented; he also plans to dismantle the visa program that allows seasonal agricultural workers to come here legally. Wait until you see what that does to produce prices.
• Expansions of the federal deficit through more unfunded cuts to corporate and capital gains taxes (both of which disproportionately affect higher earners). Federal spending would likely rise, too, based on Trump’s (pre-pandemic) record.
• Kneecapping the Federal Reserve, the politically independent agency tasked with maintaining price stability.
Whatever you think of Biden’s record on inflation — and I have some grumbles, mostly related to Biden’s refusal to reverse his predecessor’s policies — each of Trump’s proposed measures would make inflation worse on the margin.
Don’t take my word for it. Analysts at Evercore ISI, an investment banking firm, recently analyzed the first three items above and forecast that another Trump term (relative to another Biden term) would likely require higher interest rates to counteract inflationary pressures. Likewise, Goldman Sachs Economic Research recently wrote a note to clients warning that the potential politicization of the Fed under another Trump administration would raise inflation risks.
Trump has claimed that economic and financial improvements thus far (including record-high stock markets under Biden) are because of his influence, or at least anticipation of his return. This is ludicrous, yet a large portion of the public seems receptive to this message — amnesiac about how he ended his presidency and blissfully unaware of what he’d do if granted another term.
This should be a wake-up call for journalists, who must do a better job of explaining the policy choices Americans face. It’s also a warning for voters, who must think through those choices more critically.
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Read Catherine’s full column at the link.
It appears that many of those polled don’t WANT to understand the realities of the economy. They prefer to regurgitate fictional “sound bites” fed to them by MAGA and the media!☹️
That Biden is head and shoulders above Trump on the economy should be little surprise despite “popular myths” and “false narratives” of GOP economic success. Historically, “By virtually every objective measure, Democrats do better. It’s not even close. So why doesn’t America know it?”https://newrepublic.com/article/166274/economy-record-republicans-vs-democrats.
SAN DIEGO (AP) — A 53-year-old union of immigration judges has been ordered to get supervisor approval to speak publicly to anyone outside the Justice Department, potentially quieting a frequent critic of heavily backlogged immigration courts in an election year.
The National Association of Immigration Judges has spoken regularly at public forums, in interviews with reporters and with congressional staff, often to criticize how courts are run. It has advocated for more independence and free legal representation. The National Press Club invited its leaders to a news conference about “the pressures of the migrant crisis on the federal immigration court system.”
The Feb. 15 order requires Justice Department approval “to participate in writing engagements (e.g., articles; blogs) and speaking engagements (e.g., speeches; panel discussions; interviews).” Sheila McNulty, the chief immigration judge, referred to a 2020 decision by the Federal Labor Relations Authority to strip the union of collective bargaining power and said its earlier rights were “not valid at present.”
The order prohibits speaking to Congress, news media and professional forums without approval, said Matt Biggs, president of the International Federation of Professional & Technical Engineers, an umbrella organization that includes the judges’ union. He said the order contradicted President Joe Biden’s “union-friendly” position and vowed to fight it.
“It’s outrageous, it’s un-American,” said Biggs. “Why are they trying to silence these judges?”
. . . .
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Read the complete article at the above link.
Ukase Public Domain
Courtesy of my friend Dan Kowalski over at LexisNexis, here’s the text of what is being called the “McNulty Ukase:”
From: Chief Immigration Judge, OCIJ (EOIR) Sent: Thursday, February 15, 2024 11:53 AM To: Tsankov, Mimi (EOIR) ; Cole, Samuel B. (EOIR) Cc: Weiss, Daniel H (EOIR) ; Luis, Lisa (EOIR) ; Young, Elizabeth L. (EOIR) ; Anderson, Jill (EOIR) <
Subject: Public Engagements and Speaking Requests
Dear Judges Cole and Tsankov:
From recent awareness of your public engagements, I understand you are of the impression that your positions in the group known as the National Association of Immigration Judges (NAIJ) permit you to participate in writing engagements (e.g., articles; blogs) and speaking engagements (e.g., speeches; panel discussions; interviews) without supervisory approval and any Speaking Engagement Team review your supervisor believes necessary. The agency understands this is a point of contention for you, but any bargaining agreement related to that point that may have existed previously is not valid at present. Please consider this email formal notice that you are subject to the same policies as every EOIR employee. To ensure consistency of application of agency policies—and prevent confusion among our staff—please review the SET policy and work with your supervisor to ensure your compliance with it, effective immediately.
Thank you,
Sheila McNulty
Chief Immigration Judge
Executive Office for Immigration Review • Department of Justice
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It’s perhaps no surprise. EOIR is a badly failing agency with an incredible ever-growing backlog of over 3 million cases, no plan for reducing it, antiquated procedures, a disturbing number of questionably-qualified judges (many holdovers from the Trump era), grotesque decisional inconsistencies, poor leadership, a tragic record of ignoring experts’ recommendations for improvements, and that produces a steady stream of sloppy, poorly-reasoned, or clearly erroneous decisions on the “nuts and bolts” of asylum and immigration law that are regularly “roasted” by Circuit Judges across the political spectrum.
In this context, their desire to strangle criticism from those actually trying to provide justice and due process, against the odds — the sitting Immigration Judges who see the management and systemic problems on a daily basis — is perhaps understandable, if not defensible.
At least where immigration is involved, the Biden Administration’s rhetoric and promises on being “labor friendly” and supportive of Federal workers is unfortunately reminiscent of its pledge to treat asylum seekers and immigrants fairly and humanely and to distance themselves from the racially-driven xenophobic policies of the Trump Administration.
While the NAIJ may be “gagged,” the fight about working conditions and the unrelenting dysfunction at EOIR is far from over!
Sources close to the NAIJ’s parent union, the IFPTE, tell me that the “campaign to call out this atrocity” is “just getting started.”
In statement issued yesterday, IFPTE President Matt Biggs expressed outrage and raised the possibility that the Administration could face tough Congressional questioning on the gag order, which also applies to communications with legislators and legislative staff:
“Just because a highly partisan decision by the FLRA’s board, that is likely to be reversed, limited NAIJ’s ability to collectively bargain, doesn’t mean that NAIJ and its national union IFPTE can’t meet and confer with the DOJ, provide legal services to our members, have officers serve on professional committees, speak to the media, offer training and other services a union provides,” says Biggs. “In fact, for the past four years, NAIJ, with assistance from IFPTE, has provided all of that. We give judges a voice. Judge Tsankov regularly speaks to reporters and recently testified before Congress. This is an attempt to limit what the press and public know by placing a gag over the mouths of the judges on the front lines. The only thing that has changed in the past four years is an overreach by a federal bureaucrat.”
NAIJ has repeatedly sounded the alarm on the size of the backlog, the need for translators, raised courtroom security concerns and other issues related to immigration adjudication. It has been a strong advocate for judicial independence and questioned why the immigration courts are attached to the Department of Justice, rather than being placed in an independent agency. The National Press Club recently invited both Tsankov and Cole to speak at a news conference on “the pressures of the migrant crisis on the federal immigration court system.”
“We believe that this order and un-American, anti-union act of censorship by McNulty will lead to Congressional hearings,” said Biggs. “Until this matter is resolved, the judges’ national union, IFPTE, will act as the voice for the immigration judges. McNulty may try, but the nation’s immigration judges won’t be silenced.”
As noted by Biggs, over the years, NAIJ leadership has frequently been asked to testify before Congress and meet with staff as an independent counterpoint to the “party line, everything is under control” nonsense that has become a staple of DOJ politicos and EOIR bureaucrats in administrations of both parties in dealing with the Hill as the backlog continued to explode in plain view!
Although the Biden Administration has curiously shown little hesitation in throwing asylum seekers, human rights, and advocates who were a key support group in 2020 “under the bus” in an ill-advised attempt to “out-Trump-Trump” on stupidity and inhumanity at the border, the IFPTE could be a different animal. Representing more than 80,000 government professionals, the union endorsedBiden/Harris in 2020.
With a hotly-contested, close election underway, Biden can ill-afford to alienate more key support groups, particularly among organized labor. Why the “geniuses” in the White House and the Biden/HarrisCampaign think that going to war with your base is a great, “winning” strategy, is beyond me! Even Donald Trump recognizes the benefit of energizing behind him a loyal and committed (although horribly misguided) “base!”
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Tellingly, and illustrating this issue’s cosmic importance, the Ohio Immigrant Alliance just released its blockbuster report documenting systemic racism at EOIR entitled “The System Works As Designed: Immigration Law, Courts, & Consequences” —
This report is based on the experiences of immigrants, lawyers, and immigration court observers, as well as external research. “The System Works as Designed” reveals how U.S. immigration laws, and the courts themselves, were planted on a foundation of white supremacy, power imbalance, and coercive control. For those reasons, they fail to protect human dignity and lives on a daily basis.
While the operations of the immigration courts have frequently been ignored, their outcomes could not be more consequential to immigrants and their loved ones. This report lifts the curtain.
Racism in Immigration Law and Policies
It is clear from the congressional record, and laws themselves, that the Chinese Exclusion Act, Undesirable Aliens Act, Immigration and Nationality Acts of 1924 and 1952, and other laws played on racial and ethnic stereotypes to limit mobility and long-term settlement of non-white immigrants.
The Immigration and Nationality Act of 1965 attempted to address some imbalances, but the Illegal Immigration Reform and Immigrant Responsibility Act basically broke the already contradictory set of laws, making them a landmine for immigrants attempting to seek safety or build new lives here. The REAL ID Act and other post-9/11 laws and policies tightened the vise.
Policy choices made by presidents from every modern administration have attempted to coerce, repress, and reject migration, a basic human survival act, instead of building safe paths people can use.
Death Penalty Consequences, Traffic Court Rules
The U.S. immigration courts were designed to offer the illusion of justice, while failing the people they purport to protect. Dysfunctional elements include:
A quasi-judicial structure that answers to the U.S. Attorney General in the Executive Branch and is not an independent judiciary; is blatantly influenced by ideology; and promotes quantity over quality decision making.
Power imbalances, such as the fact that the government is represented by attorneys 100% of the time, while immigrants often argue their cases without a legal guide. Detained immigrants are forced to “attend” their hearings via grainy video feed, while judges and counsel are together in courtrooms miles away. Yet immigration judges frequently deny requests for expert witnesses to appear remotely, citing challenges with communication and credibility. The deck is stacked.
4
Also, by detaining someone in jail for the duration of their civil immigration case, the government makes it harder for them to get a lawyer to help. The government is also using the psychological, financial, and physical toll of detention to try to break someone’s spirits and get them to give up.
Subjective “credibility determinations,” rife for bias and abuse. A case can be denied based on a judge’s feeling about the immigrant’s testimony, not facts. This is the barn door through which all manner of ignorance, bias, and ideology storm in.
Legal landmines make it harder for people who qualify for asylum to receive it, such as the one-year filing deadline; illogical definition of material support to terrorism; and the Biden asylum ban.
Differing standards of accuracy. Immigrants may be furnished interpreters who speak the wrong dialect. Judges and DHS attorneys may make inaccurate statements about an individual’s evidence or the political conditions of their country. The hearing transcripts can be riddled with gaps instead of key facts. Yet life-altering decisions are made based on this record, and an immigrant has little to no opportunity to object, correct, or explain.
Consider the experience of M.D. a Black Mauritanian man seeking asylum in the U.S. after the late 1980s/early 1990s genocide. An immigration judge questioned his credibility because M.D. did not provide “evidence” that he is Black and Fulani, a persecuted group in Mauritania. M.D. addressed the court, speaking in Fulani, and said, “I am the evidence. I speak Fulani and I am Black.”
The English transcript of M.D.’s hearing is riddled with “(unintelligible)” in place of the names of relatives and locations where important events, such as the murder of his father, took place. There was an interpreter in the room who could have spelled the words out to make the record more accurate and credible. Instead, the record shows big holes in place of material facts, while M.D. was accused of not providing “proof” that he is Black, deemed not credible, denied asylum.
In another case, a Black man seeking asylum was found “not credible” because his interpreter first used the word “canoe” when describing his method of escape, and later said “little boat.” But in his language and, one can argue, in common English, they are the same thing.
Situations like these, memorialized in the case record, are carried into the appeals process where rehearings typically do not take place, compounding the injustices of these mistakes.
Many of the report’s observations echo some aspects my own writings and public speeches over the years since I retired from the bench in June 2016. For example, here’s my speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW“ from from an FBA Conference in Austin, Texas in May 2019:
While I was speaking during the Trump Administration, sadly, many of my observations remain equally true today, as the Biden Administration and AG Garland have quite inexcusably failed to rise to the occasion by instituting long-overdue due process and quality control reforms at EOIR. Yet, I am struck by how even then, as today, I found reasons to continue to be proud of the accomplishments of the “New Due Process Army” (“NDPA”) and to urge others to continue tobelieve that the “light of due process will eventually be relit” at EOIR and that history will deal harshly with the xenophobic urges and anti-asylum attitudes that too often drive policy in administrations of both parties:
Today, the Immigration Courts have become an openly hostile environment for asylum seekers and their representatives. Sadly, the Article III Courts aren’t much better, having largely “swallowed the whistle” on a system that every day blatantly mocks due process, the rule of law, and fair and unbiased treatment of asylum seekers. Many Article IIIs continue to “defer” to decisions produced not by “expert tribunals,” but by a fraudulent court system that has replaced due process with expediency and enforcement.
But, all is not lost. Even in this toxic environment, there are pockets of judges at both the administrative and Article III level who still care about their oaths of office and are continuing to grant asylum to battered women and other refugees from the Northern Triangle. Indeed, I have been told that more than 60 gender-based cases from Northern Triangle countries have been granted by Immigration Judges across the country even after Sessions’s blatant attempt to snuff out protection for battered women in Matter of A-B-. Along with dependent family members, that means hundreds of human lives of refugees saved, even in the current age.
Also significantly, by continuing to insist that asylum seekers from the Northern Triangle be treated fairly in accordance with due process and the applicable laws, we are making a record of the current legal and constitutional travesty for future generations. We are building a case for an independent Article I Immigration Court, for resisting nativist calls for further legislative restrictions on the rights of asylum seekers, and for eventually holding the modern day “Jim Crows” who have abused the rule of law and human values, at all levels of our system, accountable, before the “court of history” if nothing else!
Eventually, we will return to the evolving protection of asylum seekers in the pre-2014 era and eradicate the damage to our fundamental values and the rule of law being done by this Administration’s nativist, White Nationalist policies. That’s what the “New Due Process Army” is all about.
That brings me back to two of my “key takeaways” from the Ohio Immigrant Alliance Report.
First: “Withholding is a true limbo status, though better than being sent back to certain death.” Skillfully and aggressively using the system to save lives, in any way possible, is job one. A life saved is always a victory!
Second, as the report concludes:
Solutions exist, but they require policymakers and legislators to listen to the people with direct, personal experience. Ramata, cited earlier in this report, suggests quicker approval of cases found credible at the outset. Aliou wants judges to put more stock in migrants’ testimony, understanding that persecuting governments are not credible sources about their own abuse. Jennifer, one of the immigration lawyers we interviewed, suggested that Black immigrant organizations and the American Immigration Lawyers Association be involved in crafting a new direction, citing their extensive expertise with how the system works—and fails people.
Bill, another immigration lawyer interviewed for this report, suggests taking a page from the refugee resettlement program when it comes to verifying facts about a case. “Social workers and private investigators [could] interview people and research documents and try to … verify whether [they’re] telling the truth or not,” he said. Bill suggests employment counselors, ESL teachers, and others with specialized expertise could also assist in the processing of cases.
Most importantly, the asylum and immigration system must be reoriented toward prioritizing safety and resettlement, rather than deportation as the default outcome. The forthcoming report, “Behind Closed Doors: Black Migrants and the Hidden Injustices of US Immigration Courts,” will explore these and other solutions.
As I have observed many times, despite the “national BS” on asylum and immigration being traded by Trump and Biden, and the legislative gridlock, there are still plenty of readily available, non-legislative solutions out there that would dramatically improve due process, justice, and the life-saving capacity of the EOIR system. While no single one of them is a “silver bullet” that would solve all problems overnight, each is an important step in the right direction. Taken together, they would substantially improve the quality and quality of justice overall in our U.S. legal system and, perhaps, in the process, save our republic from demise.
🇺🇸 Due Process Forever!
PWS
03-06-24
This article has been revised to include an excerpt from the IFPTE press release.
FULL DISCLOSURE: I am a proud retired member of the NAIJ.
This is the “reward” that both parties have in mind for migrants who have helped our economy thrive through difficult times. Doesn’t seem right, smart, or rational! PHOTO: Public Realm
Immigration has propelled the U.S. job market further than just about anyone expected, helping cement the country’s economicrebound from the pandemic as the most robust in the world.
That momentum picked up aggressively over the past year. About 50 percent of the labor market’s extraordinary recent growth came from foreign-born workers between January 2023 and January 2024, according to an Economic Policy Institute analysis of federal data. And even before that, by the middle of 2022, the foreign-born labor force had grown so fast that it closed the labor force gap created by the pandemic, according to research from the Federal Reserve Bank of San Francisco.
Immigrant workers also recovered much faster than native-born workers from the pandemic’s disruptions, and many saw some of the largest wage gains in industries eager to hire. Economists and labor experts say the surge in employment was ultimately key to solving unprecedented gaps in the economy that threatened the country’s ability to recover from prolonged shutdowns.
“Immigration has not slowed. It has just been absolutely astronomical,” said Pia Orrenius, vice president and senior economist at the Federal Reserve Bank of Dallas. “And that’s been instrumental. You can’t grow like this with just the native workforce. It’s not possible.”
Yet immigration remains an intensely polarizing issue in American politics. Fresh survey data from Gallup showed Americans now cite immigration as the country’s top problem, surpassing inflation, the economy and issues with government. A record number of migrants have crossed the southern border since President Biden took office, with apprehensions topping 2 million for the second straight year in fiscal 2023, among the highest in U.S. history. Cities like New York, Chicago and Denver have struggled to keep up with busloads of immigrants sent from Texas who are overwhelming local shelters.
. . . .
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Read the rest of the article at the link.
There are also lots of practical ideas out here for fixing the asylum processing system and other helpful, humane border initiatives that don’t invest exclusively in expensive, cruel, and proven to ultimately fail “uber-enforcement only!” See, e.g.,https://immigrantjustice.org/staff/blog/solutions-humane-border-policy.
Still, politicos of both parties and most media are on a completely different page, unhappily!
“The Dems’ wrong-headed “Miller Lite” approach to immigration and the border would leave Casey scratching his head. With “major league talent” available, they have put an “amateur night at the Bijou” team on the field for what is perhaps the most important season in modern American history! PHOTO: Rudi Reit Creative Commons
As a former president of the United States excoriates immigrants for “poisoning the blood” of our country, as the governors of Texas and my current home state of Florida bus and fly migrants to points north — including my hometown, Chicago — my thoughts turn to baseball.
. . . .
While that inhospitable bunch has been villainizing migrants and refugees as a strain on U.S. resources, I have been marveling at how much foreign-born players have enlivened (and enriched) baseball in recent decades. Far from being poisoned, the sport has been rejuvenated by infusions of immigrants from Ohtani to Soto to Ronald Acuña Jr., Yordan Álvarez, Ha-Seong Kim, the Cubs’ Seiya Suzuki and so many others.
As these non-White non-Americans wow — and earn — millions with their transcendent talents, in a sport still emerging from its startlingly racist past, bigoted fictions about the “blood of our country” are being exposed. It’s true that baseball is still struggling with exploitative international recruiting practices, decreasing numbers of U.S.-born Black players and a lack of diversity among its executive ranks. Yet the increasing number of foreign-born major leaguers now counted among the best in the game’s long history dispels the self-aggrandizing myth that the United States possesses any monopoly on excellence.
The Republican presidential front-runner might argue that undocumented migrants and refugees aren’t elite athletes and are instead “animals” arriving from “s—hole countries.” But such dehumanizing insults are not only guilty of offensive fixation on national origin, ethnicity and race. They also mistake a person’s predicament for a person’s potential.
This is made plain by the origin stories of some of baseball’s biggest stars. Those same players who fashioned makeshift mitts out of milk cartons and cardboard, who rose to the game’s highest levels through arduous, harrowing and near-tragic journeys, might have languished on the other side of a barbed and militarized wall if this country’s right wing had its way.
The politicians who would build those walls, who attack immigrants for supposedly burdening our national resources, need only consider baseball’s explosive growth into a $10 billion industry and the financial value of Ohtani alone to the Dodgers — some estimate the team could make more than $1 billion off his deal over the course of a decade — to see that industries and economies thrive by inclusion, not exclusion.
Even so, ideologues seek to end inclusive practices in private industry and public education. They guarantee endless winning and new revolutions by promising to slash resources and wall off our country — all while whiffing on the most rudimentary of winning principles understood by most every baseball fan in America:
Great teams are made great by deep, diversified rosters. They are built on investment in both homegrown and international talent. And there are no curses except those that are self-inflicted by cheap, regressive thinking.
As the Republican presidential primary churns toward that party’s national convention, coincidingthis July with baseball’s annual All-Star Game, all of this will be evident to anyone ready to take a break from the campaign, take a seat in the bleachers and take in the world’s greatest ballplayers thriving at America’s game.
Jaswinder Bolina is a poet and essayist. His latest book is “English as a Second Language and Other Poems.”
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Read the full op-ed at the above link!
“Mistaking a person’s predicament for a person’s potential!” That’s exactly what Biden’s new-found attacks on asylum seekers and their advocates (his 2020 supporters!) are doing!
It’s painful to watch the errors pile up and the game slipping away from the Dems! 😣 Meanwhile, rather than being out there helping unify and re-elect Biden and Harris, advocates are marshaling their resources and considerable energy to fight tooth and nail in courts against the Administration’s apparent bone-headed intention to violate asylum law and human rights with illegal asylum bars! Energizing former core supporters to fight against your inane and immoral actions during an election year: A “strategy” that only inept, tone-deaf Dem politicos could love!
To no one’s surprise, this past week the bipartisan border bill, creatively named “The National Security Act, 2024” and introduced by an all white cast of Senators, failed to pass the chamber. Many Democratic Senators who once stood beside immigration advocates at rallies to push back against the proposal fell in line with their president and voted in favor of a flawed and dangerous bill that would fall short of mitigating migration. None but the beltway nerds and press were paying attention to C-SPAN as the proposal died, triggering Democratic political operatives to salivate over the “gotcha” vote that’ll be used against Republicans on the campaign trail.
Beatriz Lopez Deputy Director Immigration Hub PHOTO: Immigration Hub
For many of us battle-tested, seasoned advocates, there was no true satisfaction at seeing Republicans implode or an undesirable proposal fall apart. Hanging above our heads like a Florida cockroach threatening to fly into our faces was the fact that the Biden administration, Majority Leader Chuck Schumer, Senator Chris Murphy, and Democrats who voted for the bill had officially moved the goalpost on immigration.
‘Tis a slippery slope to empower the nation’s president to shut the border down to block asylum seekers and codify measures to make it nearly impossible to claim asylum and easier and faster to deport people back to dangerous conditions while hoping a developing nation with its own set of serious problems cracks down on vulnerable children and families seeking safety and refuge. To be okay with all of this means you’ve – as Isabel Wilkerson so aptly wrote – gone through a “process, a programming” to dehumanize both the issue and those at our doors, begging for shelter and freedom.
And look I get it. I’ve heard the rhetorical, exasperated questions: what else are Democrats supposed to do when migrants keep coming to the border? When Republicans keep hammering us on the border? And Chicago and New York are struggling to manage those bussed into the cities? And in a pivotal election year, these questions carry an extra ounce of GTFO.
And to them I say – I hear you. I’m listening. I’m worried, too. But I’m not concerned about the tenacity and brilliance of local leaders and NGOs on the ground working to help newly-arrived immigrants to settle in this powerful and abundant country. Or least of all anxious over visionary funders and creative mayors and governors seeking ways to welcome new settlers into regions eager for consumers and workers. I’m not even worried about Trump and Republicans relentlessly attacking Democrats on the campaign trail – it’s nothing new.
What I am truly troubled by is Democrats choosing flight over fight.
The current conundrum that President Biden and Democrats find themselves in goes beyond the challenges of global migration. Since 2017, Democratic messaging has been devoid of pro-immigrant messaging. Were it not because of the loud cries of a toddler separated from her mother and the incredible journalistic accounting that shook the soul of America did it spring even moderate Democrats into action. But, when it came to political advertising and a constant drumbeat of both values-based immigration messaging and Republican accountability on the issue, you had to search far and wide to find solid examples. Thanks to the David Shor’s of the political class, most Democrats chose to avoid the issue, leaving a vacuum gladly filled by Stephen Miller types.
The Democratic choice to neither proudly display their position on immigration or celebrate the immigration wins has left the American people believing they’re for “open borders” or wondering where they stand on the issue and have they done anything on it? What’s worse, they consistently fail to counter their opponent’s radical, Trumpian rhetoric and anti-immigrant ideas. While racist and radical media and online influencers, such as Tucker Carlson, yell anti-immigrant obscenities and the GOP spend millions upon millions trying to convince Americans that immigrants are bad people who are trying to replace them, infiltrate their communities with drugs and crime, and steal their jobs and social security, Democrats have responded by pivoting to other kitchen table issues.
The gradual damage of this messaging to America’s psyche and perception of the other – immigrants – has created the current moment. Now, even reporters from major news outlets are asking me why and how Trump dismantled our immigration system and what actions President Biden had taken to restore the system. The first question often leaves me baffled, for how quick we forget the heinous wrongs of the past, and the second is no surprise, just sad.
It’s really disappointing that not many people, reporters included, don’t know that the Biden administration has taken over 500 actions that have had such a positive impact on women, families, children and workers in the U.S.
No Democrat should be afraid of their immigration shadow. It’s time to stop running away or running to the right of the issue. You can be sensible without spite. Until Republicans can treat the cancer that is Trump, Democrats have to go to bat for the issue with gutsy resolve, bold solutions and radical empathy. They have to be in it for the short and long game. Like investing in an index fund or supporting reproductive rights or gay marriage, it’ll pay off to tell Americans and Republicans that Democrats stand for an immigration system that lives up to our values and meets our nation’s economic demands, that we’ll secure our border with smart and humane solutions – not band-aids that create chaos and jeopardize lives – that we’ll do whatever it takes to deliver a path to citizenship for Dreamers and hard-working immigrants who have waited too long for our government to act, and that we’ll fight like hell against Trump and anyone who threatens to separate families, deport our neighbors en masse, and divide our communities.
No one is immune to mistakes or bad votes. For Democrats, this is a moment to reflect and admit you fucked up. Now do better. Yes, use the vote to hold Trump and Republicans accountable – but don’t you dare use that bill as a model for legislation or campaign rhetoric.
You can’t out-Trump Trump.
Humanize the issue. Show courage and compassion. Talk solutions. Remind voters what and who you stand for and what’s at stake if Trump and anti-immigrant Republicans have it their way. Be disciplined and keep repeating. Throw some money behind that messaging. And I promise you, you’ll win.
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Thanks, Beatriz!
This should be required reading for every Dem politico!
Case in point: A very recent Congressional Budget Office (“CBO”) study reaffirmed what those who work with migrants have always known: Directly contrary to the GOP and media myths, migrants of all types — regardless of status — are a huge source of economic growth for America. They will help fuel a $7 trillion boost in the U.S. economy over the next decade!See, e.g., https://time.com/6692645/immigration-economy-us-gdp-growth-cbo-report/.
But, you sure wouldn’t know this from the one-sided “debate” about migration going on today. The GOP spreads (and the media promotes, largely without critical analysis) blatant lies and myths about the largely fabricated and often self-created “burdens” of migration (see, Abbott, DeSantis). Yet rather than rebutting them and embracing truth, Dems basically look the other way and try to change the conversation.
This has caused them to “run away from” and “downplay” one of the Biden Administration’s most important positive achievements — functioning parole programs that move migrant flows from the “irregular” to the “regular!” Moreover, that processing takes place in advance, outside the United States, rather than adding to the border pressure or becoming part of the overhyped asylum backlog resulting from poor performance by Administrations of both parties and Congress over decades (but hugely aggravated by the Trump kakistocracy). Even the immediate work authorization problem is solved by the advance parole programs.
Are these programs perfect? No, they are far too limited both in terms of numbers and scope of eligible nationalities. They also don’t answer questions about the long-term fate of those paroled. But, they are certainly a step in the right direction that could be built upon and “model” the case for more durable long-term legislative expansions of visa programs.
The GOP’s irrational attacks on what is working and helps our country and the world shows just how little they care about solving problems or the long-term prosperity, stability, and strength of our nation. Yet, the largely indisputable benefits of parole and the willingness of the Administration to engage in creative and successful problem-solving gets scant mention from either the Biden campaign or Congressional Dems.
And, the media is no better. Given the current high-profile of immigration on the national scene, one might reasonably have expected “front page coverage” of the CBO report and findings, particularly since it directly contradicts many of the false claims raised by both parties during the recent failed “Senate compromise” proposal. Instead, even I had to do some “digging” to come up with articles featuring the CBO report.
Curiously, the GOP plays to the most extreme, dangerous, and unreasonable elements of its far right base.
Conversely, Dems run against the values and views of some of the most reasonable, dedicated, and energizing elements of their progressive base.
The long-awaited bipartisan Senate deal on immigration contains no real reforms, such as a pathway to citizenship for undocumented immigrants. It’s all about “securing” the border.
Biden and Senate Democrats have caved to Senate Republican hardliners. Among other restrictions, the bill would make it much harder for people to apply for asylum.
On Friday evening Biden called the bill “the toughest and fairest set of reforms to secure the border we’ve ever had in our country.”
Then Biden went further — endorsing a full border shutdown. He said the bill “would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”
I very much doubt Biden would shut the border if he signs this bill into law.
So what’s going on here? The underlying politics here has nothing to do with funding Ukraine. It doesn’t have to do with reforming immigration. It doesn’t even have much to do with the practical challenge of securing the border.
It has everything to do with the 2024 election, in which border security has become a big issue.
The nation does have to take reasonable action to stem the illegal flow of immigrants. But Trump has stoked American’s fears with lies (see below).
Trump and Biden are engaged in a giant pre-election kabuki fight over the border.
Biden wants to take the border issue away from Trump and figures this bill will do it. Which is exactly why Trump doesn’t want the bill enacted. “As the leader of our party, there is zero chance I will support this horrible, open-borders betrayal of America,” Trump said on Saturday. “It’s not going to happen, and I’ll fight it all the way.”
Trump says he welcomes criticism from GOP senators. “Please, blame it on me. Please, because they were getting ready to pass a very bad bill.”
House Speaker Mike Johnson, Trump’s lapdog-in-chief, says the bill is “dead on arrival” in the House. Besides, he now says, it isn’t needed because Biden already has all the authority he needs to close the border.
Um … just last year, Johnson argued that Congress must tighten immigration laws to strengthen the president’s hand. When he was president, Trump sought similar additional authority from Congress.
Meanwhile, House Republicans are about to begin impeachment proceedings against Alejandro Mayorkas, homeland security secretary, for allegedly being too soft on border security — even though Mayorkas worked with Senate Republicans to come up with this hardline border deal.
We need to deal with the border, but Republicans are now the ones sitting on their hands because they’re beholden to Trump. We also need to deal with immigration in a humane way by offering a broad and reasonable path to citizenship, but Democrats seem to have forgotten this basic goal.
The public, meanwhile, is utterly confused by Trump’s demagoguing. Here are Trump’s biggest lies, followed by the truth.
Trump claims Biden doesn’t want to stem illegal immigration and has created an “open border.”
Rubbish. Since he took office, Biden has consistently asked for additional funding for border control.
Republicans have just as consistently refused. They’ve voted to cut Customs and Border Protection funding in spending bills and blocked passage of Biden’s $106 billion national security supplemental that includes border funding.
Trump blames the drug crisis on illegal immigration.
Trump claims that undocumented immigrants are terrorists.
Baloney. America’s southern border has not been an entry point for terrorists. For almost a half-century, no American has been killed or injured in a terrorist attack in the United States that involved someone who crossed the border illegally.
Trump says undocumented immigrants are stealing American jobs.
Nonsense. Evidence shows immigrants are not taking jobs that American workers want. The surge across the border is not increasing unemployment. Far from it: Unemployment has been below 4 percent for roughly two years, far lower than the long-term average rate of 5.71 percent. It’s now 3.7 percent.
Trump claims undocumented immigrants are responsible for more crime in America.
More BS. In fact, a 2020 study by the Proceedings of the National Academy of Sciences, cited by the Department of Justice, showed that undocumented immigrants have “substantially” lower crime rates than native-born citizens and legal immigrants. Despite the recent surge in illegal immigration, America’s homicide rate has fallen nearly 13 percent since 2022 — the largest decrease on record. Local law enforcement agencies are also reporting drops in violent crime.
Since he entered politics, Donald Trump has fanned nativist fears and bigotry.
Now he’s moving into full-throttled neofascism, using the actual language of Hitler to attack immigrants — charging that undocumented immigrants are “poisoning the blood of our country” and saying they’re “like a military invasion. Drugs, criminals, gang members and terrorists are pouring into our country at record levels. We’ve never seen anything like it. They’re taking over our cities.” He promises to use the U.S. military to round up undocumented immigrants and put them into “camps.”
The parallels with Nazi Germany are chilling. In 1932, the canny Nazi propagandist Joseph Goebbels called for “a thick wall around Germany,” to protect against immigrants. “Certainly we want to build a wall, a protective wall.”
Trump and his enablers want us to forget that almost all of us are the descendants of immigrants who fled persecution, or were brought to America under duress, or simply sought better lives for themselves and their descendants.
Immigration has been good for America. As the median age of Americans continues to rise, we’ll need more young people from around the world.
The central question shouldn’t be how to secure our borders. It should be how to create an orderly and humane path to citizenship.
“Kabuki Theater” with human lives! The REAL “national security threats” — Trump, Abbott, DeSantis, and their MAGA toadies like MAGAMike — subvert our democracy in plain view! ATTRIBUTION: Creative Commons 2.0
Lost in the overheated and too often misleading media hype of this issue is a simple truth: Congress and Administrations of both parties have failed to fulfill our Government’s duties under international and domestic laws (which are based on international requirements) to establish a fair, generous, expert, timely asylum adjudication system — one that complies with due process and actually gives asylum applicants the required “benefit of the doubt.”
Now, in a show of supreme political cowardice, egged on by the White Nationalist right and their lies, politicos of both parties and in all three branches of Government seek to cover up their failure by punishing and endangering the lives of their victims! The latter are legal asylum seekers — human beings — who overwhelmingly present themselves to authorities at the border in an orderly fashion to get a fair adjudication of their claims. Our Government routinely denies them that fundamental right through ridiculous delays, bad precedents, poor quality adjudications, underfunding, deficient leadership, and coercive gimmicks like bogus prosecutions, imprisonment, denial of access to counsel, and illegal and immoral family separation.
Meanwhile, Dems are failing to stand up for the human and legal right to seek asylum, which is being violated right and left and which the “Senate compromise” promises even more scofflaw violations of human rights and basic human dignity.
We can diminish ourselves as a nation, but it won’t stop human migration — particularly forced migration!
Artem Marchuk needed to escape Ukraine or die. He didn’t see any other options.
He and his wife and children had been living in Bakhmut, the site of the war’s deadliest battle. Even when they made it out of the city, nothing in Ukraine felt safe.
“My kids were very hungry,” Artem’s wife, Yana, said in an interview from the family’s home in Baltimore, where the U.S. government resettled them in 2022. “There was darkness everywhere.”
The Marchuks are among more than a million people whom the Biden administration has allowed into the United States over the past three years under an authority called humanitarian parole, which allows people without visas to live and work in the United States temporarily. Parole has been extended to Ukrainians, Afghans and thousands of people south of the U.S.-Mexico border fleeing poverty and war.
Now the program is at the heart of a battle in Congress over legislation that would unlock billions of dollars in military aid for some of President Biden’s top foreign policy priorities, such as Ukraine and Israel.
Republicans want to see a severe crackdown on immigration in exchange for their votes to approve the military aid — and restricting the number of people granted parole is one of their demands.
For Mr. Marchuk, the fact that a program that saved his family has become a bargaining chip on Capitol Hill feels wrong. Although the latest version of the deal would mostly spare Ukrainians seeking parole, he feels a deep sense of solidarity with other people — regardless of their nationality — who may be left behind if Congress imposes limits on the program.
Americans, he said, should welcome people like his family. Mr. Marchuk, a former technology in Ukraine, said he has found work helping other refugees with the advocacy organization Global Refuge, as well as driving for DoorDash, UPS and Amazon since he arrived in Baltimore.
“Refugees deliver these packages,” said Mr. Marchuk, 36. “American citizens who have an education,” he said, very often don’t want to work as drivers.
. . . .
The particulars of the deal in Congress are still being negotiated. A deal that is being discussed in the Senate seeks to reduce parole numbers by tightening immigration enforcement at the southern border.
That would not have a direct impact on the route that many Ukrainians took to America, since they generally do not arrive by the southern border. (Some Ukrainians do make it to the United States that way, however.)
But there is still deep uncertainty about whether the program will survive without changes.
Even some congressional Democrats who oppose substantially changing the parole program have acknowledged they may need to give in to some Republican demands to limit the program if they have any chance of passing the military aid package.
. . . .
As lawmakers debate the merits of the parole program, some immigrants in the United States say all the political talk glosses over the calamities in their home countries.
“People are dying left and right, being kidnapped and it’s just impossible,” said Valerie Laveus, who came to America from Haiti nearly 20 years ago and became a naturalized U.S. citizen in 2008. “I am concerned because I feel like a lot of times these people are having these conversations and they’re forgetting the human factor. They’re forgetting that they’re talking about lives.”
. . . .
Mr. Biden’s allies say restricting use of parole would very likely backfire.
“It means that people in desperate circumstances, who need protection, who need to leave, who need to flee, their options will be more limited, which increases the likelihood they choose the dangerous option of coming to the border,” said Cecilia Muñoz, one of Mr. Biden’s top immigration officials during the transition and co-chair of Welcome.US, an organization that helps Americans sponsor the resettlement of refugees to the United States.
Karoun Demirjian contributed reporting.
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Notably, according to this article, Congress appears ready to carve out a “White Guy Exception” for Ukrainians arriving from Europe. So much for the idea that current immigration policy by both parties isn’t “race driven” — with Hispanics and Blacks generally on the short end of the stick.
By contrast, high level politicos of the Biden Administration and Congressional Dems avoid the border like the plague, except for the few who represent border districts. They are not that much different from GOP nativists. They refuse to engage with border experts, those who have devoted their lives to assisting forced migrants at the border, and the migrants themselves, who certainly will face severe harm, even death, due to the cowardly “sellout” by Congressional Dems and the Administration.
Let’s be very clear about the documented consequences of eliminating asylum at the border:
NEW YORK – With Congress considering codifying additional policies that will trap asylum seekers in Mexico, Human Rights First today reports that it has tracked over 1,300 reports of torture, kidnapping, rape, extortion, and other violent attacks on asylum seekers and migrants stranded in Mexico since the administration’s asylum ban was enacted in May.
Basically, those pushing to appease the GOP White Nationalist restrictionists at the border are knowingly and intentionally advocating for deadly human rights violations! How is that acceptable?
Foreign-born workers consistently have a higher labor market participation rate than native-born workers. https://usafacts.org/articles/how-many-immigrants-are-in-the-american-workforce/. Consequently, there is little reason to doubt that new waves of migration ultimately will benefit the U.S., particularly the many U.S. cities, large and small, in danger of depopulation and “death.” Ironically, many of the localities with the most to gain from robust migration are in “red” states.https://apple.news/AQkO0JQjKS9aXF-V-RD9-_Q
Instead of planning to avoid these “ghost towns,” using the influx of individuals who seek to help us as an opportunity, we’re “strategizing” and spending huge amounts of money expelling, “deterring,” imprisoning, rejecting, dehumanizing, and even killing those who seek refuge!
There are legitimate issues as to how to “front” services for asylum seekers until they can obtain work authorization and find jobs. THIS, is where bipartisan cooperation, creative solutions, and resources could be focused, rather than exclusively on counterproductive and expensive gimmicks to punish, deter, and deny. But, there’s no chance of that!
Instead, in an example of how far the one-sided debate has departed from reality and human decency, Biden now vows to “shut the border” if Congress will only give him the authority! https://www.washingtonpost.com/politics/2024/01/26/biden-vows-shut-down-an-overwhelmed-border-if-senate-deal-passes/. But, that’s apparently not enough cruelty and xenophobia for MAGAMike and his White Nationalist insurrectionists! They seek eradication of the lives and humanity of anybody with the temerity to seek refuge in the U.S.
And so it goes, ever onward and downward. The media has developed amnesia on the well-documented unmitigated disaster and cascade of human suffering that our nation’s most recent border shutdown generated. As stated by expert Aaron Reichlin-Melnick on “X:”
Will the DC press (not those on the immigration beat) continue to ignore the fact that the last time we “shut down the border” under Title 42, it did not work and in fact led to 15 out of 20 of the highest months for border apprehensions in the 21st century?
We don’t know yet who the “winners” of the 2024 election will be, other than traffickers, cartels, exploiters, private prison corporations, undertakers, and body bag makers! But, we already know the “losers:” asylum seekers, Dreamers, human rights, persons of color, and those brave souls who continue to stand up for truth and equal justice for all!
Dem politicos and the Administration seem to be counting on the view that the Trump GOP is so horrible and antithetic to democracy that Dems can afford to dehumanize migrants, ignore their supporters, and break campaign promises without consequences. Just what they are getting in return isn’t obvious. From an immigrants rights’ and humanitarian standpoint, it’s “zilch.”
With Dems supposedly in charge of the Presidency and the the Senate, why are they ready to gift GOP restrictionists with what many have characterized as a “generational chance” to destroy asylum, hamstring legal immigration avenues, and squander even more money on hyper-cruel, race-driven, “sure to fail” border militarization and human rights violations?
Talk about “selling your soul!” That appears to have become the Democrats’ mantra in 2024. Whether it will prove a successful political strategy, remains to be seen!
Come on, Joe, stop the “Miller Lite” nonsense and stand up for the legal rights of asylum seekers!
Last Tuesday, in an interview with Univision’s Enrique Acevedo, President Joe Biden again said he’s considering issuing an executive order to ban asylum at the border. It’s an idea that Biden has floated before as the presidential election season slogs on, and after the bipartisan border bill meltdown in Congress. “We’re examining whether or not I have that power. Some are suggesting that I should just go ahead and try it,” Biden told Acevedo. “And if I get shut down by the court, I get shut down by the court.”
