📚BOOKS:  “Streets of Gold: America’s Untold Story of Immigrant Success” By Ran Abramitzky and Leah Boustan — Reviewed By Michael Luca @ WashPost!

Ran Abramitzky Professor of Economics and the Senior Associate Dean of the Social Sciences at Stanford University
PHOTO: Stanford.edu
Leah Pratt Boustan
Professor Leah Pratt Boustan
Economist
Princeton University
PHOTO: Princeton Website
Michael Luca
Michael Luca
Lee J. Styslinger III Associate Professor of Business Administration Harvard Business School
PHOTO: has.edu

https://www.washingtonpost.com/outlook/2022/06/10/what-research-really-says-about-american-immigration/

. . . .

The reality is that immigration debates are often driven more by feelings than facts. And there is often disagreement about basic facts — such as how immigration has evolved over time, how successful immigrants become once they enter the United States and how they affect the communities they enter. The problem is, in part, a lack of accessible empirical evidence on the topic.

Enter “Streets of Gold: America’s Untold Story of Immigrant Success,” a book by economic historians Ran Abramitzky and Leah Boustan that seeks to set the record straight, using an economics tool kit and a treasure trove of data. Their mission is twofold. First, to offer a data-driven account of the history of American immigration. Second, to provide guidance into what research suggests about the design of immigration policy.

The book reflects an ongoing renaissance in the field of economic history fueled by technological advances — an increase in digitized records, new techniques to analyze them and the launch of platforms such as Ancestry — that are breathing new life into a range of long-standing questions about immigration. Abramitzky and Boustan are masters of this craft, and they creatively leverage the evolving data landscape to deepen our understanding of the past and present.

In contrast with the rags-to-riches mythology, a more systematic look at the data shows that low-income immigrants do not tend to catch up to nonimmigrant income levels in their lifetimes. Instead, financially successful immigrants tend to come from more privileged backgrounds. To name a few: the authors point out that the father of Tesla chief executive Elon Musk “co-owned an emerald mine.” EBay founder Pierre Omidyar’s “father is a surgeon who worked at Johns Hopkins University,” and his “mother has a PhD in linguistics.” Google co-founder Sergey Brin’s “father is a professor of mathematics,” and his “mother is a NASA scientist.” Looking at how many companies have been led by high-skilled immigrants, I wonder how much more innovation we are missing out on by not further opening our doors to the world’s talent. Yet these are hardly tales of huddled masses.

The case that lower-income and lower-education immigrants also meet with success rests on assessing not only the fates of immigrants themselves but also those of their children and their children’s children. As it turns out, Abramitzky and Boustan write, “children of poor immigrants from nearly every country in the world make it to the middle of the income distribution.” Immigrants from mainland China, Hong Kong and India do especially well.

The book debunks myths that immigrants dramatically increase crime and displace U.S.-born workers. Much of this work focuses on natural experiments in which sudden shocks to immigration levels have allowed for a better understanding of cause and effect. For instance, the authors point to the 1980 Mariel boatlift, which brought an influx of Cuban immigrants to the United States, especially to Miami, virtually overnight. The surge of low-income immigrants did not lead to large spikes in unemployment for U.S.-born workers. Low-skill immigrants have a history of taking jobs that would otherwise be unfilled or filled by machines. As companies around America were rushing to automate operations, the influx of Cuban immigrants to the Miami area slowed this process, and jobs went to people rather than to machines. Compared with the rest of the country, businesses in high-immigration areas have access to more workers and hence less incentive to invest in further automation.

This has implications for today’s immigration debates: The United States is expected to face a dramatic labor market shortage as baby boomers retire and lower birthrates over time result in fewer young people to replace them. Increased immigration is one approach to avoiding the crunch. Notably, the other way to avert this crisis is through further automation, enabled by rapid advances in artificial intelligence. Immigration policy will help shape the extent to which the economy relies on people vs. machines in the decades to come.

Immigration is, of course, about more than economic activity. Part of its beauty is the cultural richness and diversity that it brings. A multicultural society is greater than the sum of its parts. Miami is exciting not because of assimilation but because of the culture that its diverse population has created. It’s a city where you can find croquettes and Cuban coffees as easily as pizza and burgers. There is a rich history of immigrants bringing new cuisines, which are then adopted and adapted throughout the United States, a journey that can be seen in the evolution of Italian American food.

Drawing on the research, Abramitzky and Boustan weigh in on a number of hot-button policy issues: For instance, should the United States focus on encouraging high-education immigration? They conclude that “policies designed to deter less-educated immigrants from entering the United States are misguided.” Discussing the border wall, they argue that “no one wins from the border fencing policies.” And on the 1.5 million undocumented immigrants who arrived as children, they make a full-throated argument in favor of “providing work permits and a path to citizenship,” noting that “the barriers that undocumented children face are stumbling blocks of our own making.” On this last point, it is hard to disagree. Our treatment of undocumented children is a stain on our nation.

In the end, the authors offer an optimistic message: “Immigration contributes to a flourishing American society.” In a rapidly evolving world, Abramitzky and Boustan urge us to take “the long view, acknowledging that upward mobility takes time, and is sometimes measured at the pace of generations, rather than years.”

. . . .

Michael Luca is the Lee J. Styslinger III associate professor of business administration at Harvard Business School and a co-author of “The Power of Experiments: Decision Making in a Data-Driven World.”

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Read the complete review at the link. It contains Luca’s own family immigration story.

The research highlighted by this book clearly refutes the many negative myths about migrants upon which the Trump GOP’s “campaign of hate and misinformation” is based.

But, unfortunately, I wouldn’t expect truth about immigration — no matter how compelling and well-documented — to change many minds on the far right. As Luca says: “The reality is that immigration debates are often driven more by feelings than facts.” Sadly, hate, fear, racism, resentment, and intolerance are “powerful feelings.” 

It’s going to take a combination of political power, courage and talent to exercise it boldly, education, and better values from the upcoming generations of younger Americans to overcome White Nationalism and its pernicious effects. I have to hope that there is time for the “long view” and our “better angels” to win the future.

🇺🇸 Due Process Forever!

PWS

06-13-22

🌎THE AMERICAS: THE L.A. DECLARATION ON MIGRATION & PROTECTION — Blueprint For Action Or More Empty Rhetoric?

 

Here’s what the document says:

https://pm.gc.ca/en/news/statements/2022/06/10/los-angeles-declaration-migration-and-protection

Lot of promises, no specifics, as you can see!

Here’s the “White House Fact Sheet” which lists specifics from apparent “side agreements” by the various signatories:

https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/fact-sheet-the-los-angeles-declaration-on-migration-and-protection-u-s-government-and-foreign-partner-deliverables/

Here’s “critical commentary” from one observer:

Tyler Mattiace, an Americas division researcher with Human Rights Watch who closely followed the declaration’s drafting process, said that this type of multilateral approach is long overdue to assist “the millions of people all across the continent who have fled their homes either because of violence or persecution or human rights abuses.”

“They often face serious abuses that are many times the result of the fact that government either tries to prevent them from seeking protection or make[s] it difficult for them to obtain legal status or implement enforcement strategies to lead to them taking dangerous migration routes where they suffer abuses,” he said.

He said the declaration is a departure from what’s happening on the ground at the U.S.-Mexico border, where immigration enforcement officials keep expelling asylum seekers under Title 42, a COVID-19-related health measure implemented under former President Trump and maintained by Biden. The measure is tied up in the courts.

“The declaration is a major step forward, but it could be meaningless unless Biden immediately does everything possible to restore access to asylum at the U.S. border and ends other abuses, other anti-immigration policies,” Mattiace continued. “The U.S. also has to stop focusing immigration policy on efforts to outsource immigration enforcement to other governments in the region.”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=dae611a5-6dfe-4e35-a4df-3329cdc3866b

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

I like to be optimistic. Nevertheless, color me skeptical on this. 

The ultimate success of this type of initiative will depend on courageous, enlightened, bold, dynamic leadership from the U.S. That’s not currently in the cards. 

Right now, the U.S. is in violation of various international migration agreements, domestic law, and the Due Process Clause of our Constitution. Our legal asylum, refugee, Immigration Court, and adjudication of legal status systems are a dysfunctional mess. Proposals for necessary, practical reforms have been ignored by the Administration, blocked by Trump Federal Judges, or not gotten off the ground. That’s NOT a “leadership posture” that is going to inspire and persuade other nations.

For example, the much ballyhooed “Asylum Regulation Reforms” are moving forward in a flawed “Beta test mode,” with no leadership, no practical precedents, incompetent judicial review, and a few dumb “in your face” features (like proposing to relocate asylum applicants to cities in Texas, where the EOIR asylum denial rates approach 100%, a move apparently specifically intended to spur xenophobic reactions from Texas Gov. Greg Abbott). 

Here’s one of the “key commitments” from the U.S. taken from the above White House “Fact Sheet”:

  • The United States will commit to resettle 20,000 refugees from the Americas during Fiscal Years 2023 to 2024. This represents a three-fold increase from this year and reflects the Biden Administration’s strong commitment to welcoming refugees. The protection needs are significant in the Western Hemisphere. More than 5 million Venezuelans have been displaced in the Americas, and hundreds of thousands more people from other countries across Latin America and the Caribbean are also displaced [across borders]. As the United States scales up its resettlement operations in the Americas, we call on other governments to do the same.

20,000 over two years? (Or is it 20,000 per year over two years — doesn’t really matter?) Are you kidding me? That wouldn’t begin to address the current situation on the Southern Border. Indeed, it wouldn’t even cover all the individuals already determined to have a “credible fear” of persecution who have been waiting, some for years, for processing under the cruel, illegal, and ineptly administered “Remain in Mexico” program. 

As Tyler Mattaice from HRW observes, the problem involves millions of individuals. Yet, we’re talking about accepting a few thousand more as a solution? Not going to cut it!

I’d also be mildly surprised if the U.S. even fulfills this exceptionally modest commitment. Over the past few years, the U.S. hasn’t even filled it’s “historically meager quotas.” And, the once proud U.S. Refugee Program, which relied heavily on NGOs for success, has been shredded — intentionally left in tatters by the Trump regime. If the Biden Administration has been able to rebuild it to the necessary size and operational strength, they have kept it a secret from most of us!

A realistic “low ball” starting number for Western Hemisphere refugees would be more like 100,000 in each of the next two years! Even this well might not be enough. 

Moreover, a competent Administration could actually have processed and admitted thousands of qualified refugees waiting in Mexico over the past 18 months, thereby at least beginning to reduce pressure on the border and the asylum adjudication system. 

Whether folks want to admit it or not, we are going to experience substantially more immigration from the Americas. It could be mostly legal or mostly extralegal — that’s our choice. 

But, no totally bogus Title 42 extension, wall, prison, family separation, cruelty, punitive law, prosecution, militarization of the border, racist rhetoric, “don’t come” message in three languages, or Federalist Society Federal Judge is going to halt the natural flow of human migration. Nor can migration be largely “outsourced” to smaller countries in the Hemisphere.

International cooperation is great! That’s what the 1951 Geneva Refugee Convention and subsequent 1967 Protocol are all about. But, logically, we can expect other countries to “proportionalize” their responses to what they see the U.S. doing. 

Moreover, we have to consider that, for example, Colombia, a much smaller and poorer country than the U.S., with its own set of problems, has already taken in 1.7 million Venezuelan refugees. That dwarfs our so-called “crisis” at the Mexican border. https://www.worldbank.org/en/results/2021/10/31/supporting-colombian-host-communities-and-venezuelan-migrants-during-the-covid-19-pandemic

Realistically, is Colombia going to want to help us resettle Venezuelan refugees waiting at our Southern Border? Don’t count on it!

If you “add up” all of the numbers and commitments from all the countries contained in the “Fact Sheet,” it wouldn’t even come close to solving the current flow at our Southern Border, let alone make a dent in the Hemisphere-wide movement of individuals.

Dealing with the “root causes” of migration is also a great idea, if hardly a new one. Problem is, many of the “sending countries,” Northern Triangle, Haiti, Venezuela, are functionally failed states. Unless someone has a “silver bullet solution” addressing this sad fact — and nobody has one to date — this isn’t going to happen in the short run. It’s a decades if not generations long project. Worthy, to be sure. But not a way of effectively addressing today’s realities and migration pressures.

So, I see the same “aura of unreality” and unwillingness to face the facts hanging over the LA Declaration that has crippled our immigration and human rights policies over the past several decades. And, as refugee situations have continued to get worse, so has the “dream world” inhabited by those countries fortunate to be prosperous and stable enough to be “refugee destinations” become more pronounced and increasingly untethered to reality and humanity. 

Sorry, but that’s not a “formula for success!” 

🇺🇸 Due Process Forever!

PWS

06-12-22

☹️GARLAND’S BIA TRIPS ON PRECEDENTS, AGAIN!  — 9th Orders Another “Do-Over” For Wayward Tribunal’s Bogus “Presumption of a Particularly Serious Crime!”👎🏽

Dan Kowalski reports for LexisNexis Immigration Community:

CA9 on Particularly Serious Crime: Mendoza-Garcia v. Garland

Mendoza-Garcia v. Garland

“The BIA reviews de novo the IJ’s determination of “questions of law, discretion, and judgment,” 8 C.F.R. § 1003.1(d)(3)(ii), including whether an alien’s prior offense is a “particularly serious crime.” It is unclear whether the BIA undertook that de novo review here, because it applied a “presumption” that Petitioner’s conviction was a particularly serious crime and required him to “rebut” this presumption. But for those offenses that are not defined by the statute itself as “per se a particularly serious crime,” the BIA’s precedent establishes “a multi-factor test to determine on a case-by-case basis whether a crime is particularly serious.” Bare, 975 F.3d at 961. Moreover, we have rejected the view that there is any subset of such cases that is exempt from this multi-factor analysis “based solely on the elements of the offense.” Blandino-Medina, 712 F.3d at 1348. The BIA’s application of a rebuttable presumption is difficult to square with these precedents, and the Government concedes in its brief that the BIA’s application of such a presumption “appears erroneous.” The BIA committed an error of law, and abused its discretion, in failing to apply the correct legal standards in assessing whether Petitioner’s offense was a “particularly serious crime.” We therefore remand to the BIA to consider Petitioner’s application for withholding of removal under the correct standards.”

[Hats off to Nancy Alexander, Kari E. Hong, Boston College Law School, Newton, Massachusetts; Elisa Steglich, Attorney; Simon Lu and Jill Applegate, Supervised Law Student; University of Texas School of Law, Austin, Texas; for Amicus Curiae American Immigration Lawyers Association!]

Nancy Alexander
Nancy Alexander ESQUIRE

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

Congrats to Nancy, Kari, and the rest of their team!

Even OIL couldn’t defend the BIA’s shoddy work here!

Know what builds unnecessary backlog fast?

  • “Over-denial”
  • Lack of positive guidance
  • Sloppy work
  • Assembly line justice
  • Remands
  • Lack of practical expertise and “big picture” perspective.

So, why hasn’t Garland replaced his “Gang That Can’t Shoot Straight” at the BIA with real “practical expert judges” — NDPA all-stars 🌟 like Kari Hong and Nancy Alexander! Judges like Kari and Nancy would “get ‘em right” in the first place and insure that Immigration Judges do the same!

Why is his system struggling and failing when the top-flight judicial talent to fix it is out there in the “real world?” 

With human lives and the future of our democracy at stake, why is inferior work product and poor judging acceptable in Garland’s Immigration Court system?

How is “make it up as you go along justice” Due Process in Garland’s Courts?

Why isn’t Garland being held accountable for the “parody of justice” that plays out every day in his dysfunctional “courts?” 

🇺🇸Due Process Forever!

PWS

06-12-22

 

🏴‍☠️TRUMPY U.S. DISTRICT JUDGE DREW TIPTON BLOCKS MAYORKAS MEMO ON DHS ENFORCEMENT PRIORITIES — Immigration Enforcement Careens Out-Of-Control As Garland’s “Rational Policy Defense Team” Falters Once Again In The Face Of All-Out Assault By Nativist GOP AGs!

Grim Reaper
American Justice takes a grim turn as righty Trump judges take over immigration enforcement! Reaper Image: Hernan Fednan, Creative Commons License
Camilo Montoya-Galvez
Camilo Montoya-Galvez
CBS Journalist

 

https://www.cbsnews.com/news/judge-voids-biden-administration-restrictions-on-immigration-arrests-and-deportations/

From CBS News:

U.S.

Judge voids Biden administration restrictions on immigration arrests and deportations

BY CAMILO MONTOYA-GALVEZ

UPDATED ON: JUNE 11, 2022 / 10:35 AM / CBS NEWS

A federal judge in Texas on Friday granted a request by Republican-led states to throw out Biden administration rules that placed limits on whom federal immigration agents should seek to arrest and deport from the U.S., declaring the directive unlawful.

U.S. District Court Judge Drew Tipton said Homeland Security Secretary Alejandro Mayorkas did not have the authority to issue a September 2021 memo that directed immigration officials to focus on arresting immigrants deemed to threaten public safety or national security and migrants who recently crossed a U.S. border illegally.

Tipton, an appointee of former President Donald Trump, agreed to void Mayorkas’ memo, which was challenged by Republican officials in Texas and Louisiana. But he paused his ruling for seven days to give the Biden administration time to appeal.

Friday’s ruling is the latest setback in federal court for the Biden administration’s immigration agenda, which has faced more than a dozen lawsuits by Texas and other Republican-controlled states.

Federal judges appointed by Mr. Trump have blocked the Biden administration from ending a policy that requires asylum-seekers to wait for their court hearings in Mexico and a pandemic-era measure that allows border officials to quickly expel migrants. Tipton himself halted an 100-day moratorium on deportations during Mr. Biden’s first month in office, as well as an earlier directive that limited immigration arrests.

. . . .

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

Read the entire report at the link. Many thanks to Nolan Rappaport, Contributor to The Hill, for sending this my way!

 So, righty U.S. District Judges and GOP State AG’s have figured out a way to take over basic immigration enforcement from the Feds. I assume that they will “waive” any claims to immunity from suits against themselves as the inevitable human rights and legal abuses caused by unbridled, uncontrolled, and often irrational and wasteful, DHS Enforcement pile up. These judges and AGs have now become part of the problem. We’ll see how they solve it.

I also find it interesting that righty U.S. District Judges, part of a court system that only just barely manages to keep its head above water because the vast, vast majority of Federal crimes and violations are never fully investigated or prosecuted, have such unbridled enthusiasm for unaccountable, unlimited immigration enforcement. 

Part of this right-wing “judicial scam” is to grotesquely exaggerate the “harm” to states and to minimize or ignore the well-documented legal, human rights, and practical problems with “out of control” immigration enforcement that was intentionally used by the Trump regime to “terrorize” ethnic communities. These communities contain “mixed populations” of citizens, legal residents, those living here with legal permission to work, and the undocumented.

I also find it notable that the so-called “plenary power” over immigration appears to have passed from the AWOL Congress and the fumbling Executive, where it historically resided, to the Federal Judiciary, often those serving at the lowest levels —  U.S. District Judges, the BIA, and Immigration Judges (although to be fair, the latter two groups are Executive Branch employees operating in a dysfunctional system that often appears to have no rhyme, reason, or defined mission.)

This is an unusual development in the right-wing conservative world of (bogus) “judicial restraint” to be sure. I guess the doctrine of “judicial restraint” is limited to stopping liberal judges from correcting egregious legal mistakes that ruin individual human lives. That’s sure how it looks to me!

The “Tipton Gang” might have a harder time taking over the dysfunctional, out of control, and backlogged Immigration Courts where the results of poor enforcement decisions often go to die in the 1.8 million plus backlog.

The Immigration Courts could prove more of a challenge because Republicans have stuffed the law with various jurisdiction-limiting and jurisdiction-stripping provisions intended to make it difficult or impossible to challenge individual immigration enforcement decisions outside the context of a petition to review a final order of removal in the Courts of Appeals.

Arguing “no jurisdiction/no review” in immigration cases is one thing that DOJ attorneys are very good at and, more often than not, successful.

Otherwise, Garland’s DOJ legal team has been less than stellar at defending changes meant to undo portions of the Trump regime’s misguided, often White Nationalist inspired, anti-immigrant agenda. Perhaps it’s time for the Biden Administration to “reshuffle the deck.” Maybe they should bring in some of the progressive litigation experts who succeeded in blocking some of the worst parts of the Trump-Miller assault on the rule of law and humanity to aggressively defend the job of restoring at least some modicum of due process, fundamental fairness, and rationality to the broken and reeling immigration enforcement system.

🇺🇸Due Process Forever!

PWS

06-11-22

⚖️🗽👨🏻‍⚖️TEAMING UP FOR GENDER-BASED ASYLUM JUSTICE IN NEW ORLEANS — Judge Eric Marsteller, Professor Hiroko Kusuda (Loyola NO Law), ICE ACC Robert Weir Show How Courts Should Work — “Honduran Women” Is A PSG In 5th Cir.

Professor Hiroko Kusuda
Professor Hiroko Kusuda
Clinical Professor & Director of Immigration Law Section
Loyola U. Of New Orleans College of Law
PHOTO: Loyola New Orleans

Here’s Judge Marsteller’s decision as reported to Dan Kowalski by Professor Kusuda:

Hi Dan,

New Orleans IJ granted asylum after we filed a post-Jaco supplemental brief.  DHS did not appeal.

Hiroko Kusuda

Clinic Professor

Loyola University New Orleans College of Law

Stuart H. Smith Law Clinic & Center for Social Justice

Immigration Judge Asylum Decision 5-6-2022 – Redacted

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

Here’s a comment from Hon. “Sir Jeffrey” Chase of the Round Table:

You probably already know this, but Hiroko [Kusuda] is a real NDPA star.  She was awarded AILA’s Excellence in Teaching Award a few years ago, and received the NGO Attorney of the Year Award this year from the FBA’s Immigration Law Section.  She has tirelessly represented the respondent in Matter of Negusie for years.

Beautifully written and reasoned decision by Judge Marsteller. Highly effective presentation by Professor Kusuda and the Loyola NO Immigration Clinic. No appeal of correct decision from ACC Robert Weir. It all adds up to a proper, efficient application of the law to save a life!

In addition to his very cogent analysis of why “Honduran women” is immutable, particularized, and socially distinct, Judge Marsteller got the nexus, “unwilling or unable to protect,” and reasonably available internal relocation issues in Honduras correct. These are things that too many Immigration Judges get wrong on a frequent basis — life-threatening mistakes that the BIA seldom corrects and never provides “positive guidance” in a precedential cases! Why?

The process could work like this in every case! Why doesn’t it?

This case is is a great illustration of a well-functioning system that EOIR, DHS, and the private bar could “build upon” to restore order, integrity, and efficiency to the Immigration Courts. It’s a shame that Garland hasn’t installed the right dynamic, practical, expert, due-process-oriented “leadership team” at EOIR and the BIA to get the job done! 

Many congrats to Hiroko and all involved in this success story.

Here’s an obvious question: Why aren’t Hiroko and many other “practical scholars” like her appellate judges on the BIA, fashioning the positive practical precedents on asylum and other forms of relief and articulating and requiring “best practices” that will “move” cases through the Immigration Courts in an efficient and orderly manner — without stomping on anybody’s legal and human rights?

Why not have Judge Marsteller teach his colleagues at EOIR how to “get to yes” in the many similar cases now languishing and often being wrongly denied in Immigration Courts? 

Why was Judge Marsteller able to figure out the correct answer when it often eludes the BIA?

Why can’t EOIR under Garland “build on success” rather than “institutionalizing failure?”

🇺🇸 Due Process Forever!

PWS

06-10-22

JULIA EDWARDS AINSLEY @ NBC NEWS REPORTS ON ADMINISTRATION’S “SECRET” PLAN TO RELOCATE ASYLUM SEEKERS!

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC News Correspondent

Here’s Julia’s video report from NBC Nightly News:

https://www.nbcnews.com/nightly-news/video/biden-administration-plans-to-bus-migrants-to-shelters-deeper-in-the-u-s-141815877904

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OBSERVATION: The Biden Administration has been in office for 17 months. During that time the could have established a realistic, robust refugee program, working with UNHCR and NGOs, to screen and process those waiting in Mexico.

Those who qualified would be admitted in legal status, with permanent work authorization, on their way to green cards and eventual citizenship. No CBP, no Asylum Office Backlogs, no backlogged Immigration Courts, no arbitrary, capricious, wildly inconsistent decisions from EOIR and the 5th Circuit, no expensive and inhumane detention, no ankle bracelets. Those legally admitted would also be eligible immediately for refugee resettlement assistance! America is something like 11 million workers “short” — the answer is staring us in the face! See, e.g., https://www.newsweek.com/us-hits-cap-temporary-work-visas-employers-seek-11-million-workers-1713948

Instead, we get secrecy, fumbling, bumbling, and more “
”gimmicks” guaranteed to stir up litigation and controversy without solving problems, facing reality, and harnessing the great power of human migration.

Also, why on earth would the Administration relocate migrants to Texas — a move guaranteed to generate more racist posturing and pushback from Abbott? Why not work with states, localities, NGOs, religious, and legal aid groups in many localities prepared to welcome immigrants and where their skills could be used in the job market?

It’s also worth noting that the so-called “record numbers” at the border often count the same person over and over — a phenomenon aggravated by arbitrary use of Title 42 to return many individuals without proper legal screening. 

🇺🇸Due Process Forever!

PWS

06-09-22

⚖️ THE GIBSON REPORT — 06-06-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — Racist GOP Policies, Biased Judges Can’t Stem Refugee Flow; Surprise (Not): Foreign Corruption Hinders Biden/Harris Plan For Improving Conditions in “Sending” Countries; ICE PD Program Can’t Solve Garland’s Failure To Make Necessary, Progressive, Common-Sense Reforms @ His Hopelessly Backlogged & Disturbingly Dysfunctional EOIR, Among “Headliners!”

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

 

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Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

NEWS

 

CBP Completes Expansion of Facial Recognition at All US Airports

CBP: U.S. Customs and Border Protection (CBP) announced today it has completed the expansion of biometric facial comparison technology at all international airports across the United States to further secure and streamline international travel. This innovation effort is a critical milestone for the biometric Entry/Exit program and complements biometric boarding, which is currently at select departure locations.

 

ICE Urged To Probe ‘Inadequate’ Detainee Mental Health Care

Law360: An advocacy group and a trio of formerly detained migrants asked the U.S. Department of Homeland Security’s civil rights office on Thursday to investigate “system-wide abuses and deficiencies” in mental health care provided to those in U.S. Immigration and Customs Enforcement custody.

 

Up to 15,000 may join largest ever migrant caravan to walk through Mexico to US

Guardian: The largest number of migrants in the caravan come from Venezuela, Cuba and Nicaragua – three countries whose authoritarian rulers Joe Biden has conspicuously refused to invite to the summit. But there are also Haitians, Salvadorans, Hondurans, Guatemalans and even citizens of India, Bangladesh, and several African countries.

 

Immigrants are suing the U.S. government over delays in citizenship process

NPR: We wanted to know more about what’s going on here, so we called Kate Melloy Goettel. She is the legal director of litigation at the American Immigration Council.

 

U.S. in talks with Spain, Canada about taking more refugees -sources

Reuters: The Biden administration is in talks with Spain and Canada about taking more Western Hemisphere refugees for resettlement, people familiar with the matter said on Wednesday, signaling possible commitments that could be announced at next week’s Summit of the Americas.

 

Analysis: Corruption in Central America frustrates U.S. plan to tackle migration ‘root causes’

Reuters: More than a year into U.S. President Joe Biden’s sweeping effort to tackle the “root causes” of migration with aid to Central America, projects likely worth millions of dollars have been canceled or put on hold due to corruption and governance concerns, U.S. officials and others tracking the issue said. See also Harris’ tough task addressing migration to the southern border not getting any easier one year later.

 

GOP lawsuit halts most migration from Mexico. Yet, desperate people continue to cross

NPR: People seeking asylum are still crossing and at least one shelter for them in Arizona is seeing record numbers. Seventy miles to the north of Nogales, the Casa Alitas Welcome Center in Tucson is taking in 375 people in a day, just a few days after the judge kept the closures in place at official southern ports of entry. See also How Asylum Seekers Cross the Border.

 

They Fled Danger for New York. When Will Their New Lives Start?

NYT: While countries like Germany and Canada have streamlined programs for asylum seekers and refugees — offering housing, food, work authorization and a monthly stipend to asylum seekers — the United States has strengthened enforcement at the border, while processing times for asylum applications have increased from weeks to months to years.

 

ICE Prosecution Revamp Unlikely To Clear Court Backlogs

Law360: Recent guidance instructing U.S. Immigration and Customs Enforcement to drop nonpriority cases has brought welcome relief to some migrants, but the new policy seems unlikely to put a significant dent in immigration court backlogs.

 

Consulates Don’t Trust DOL, DHS Visa Vetting, Cato Says

Law360: U.S. consulates deny a majority of employer-sponsored visas for individuals hoping to obtain green cards, pointing to a lack of trust by the U.S. Department of State in its counterparts at Homeland Security and Labor, according to libertarian think tank The Cato Institute.

 

Passage of Court Notification Bill

IDP: New York’s legislation follows the example of 15 other states that provide a remedy when notification is not given, which will help prevent unlawful deportation based on unfair and unknowing pleas.

 

These cell phones can’t make calls or access the internet. ICE is using them to track migrants

CNN: It’s not clear how many migrants have been loaned phones as part of the program. ICE hasn’t released that data in its regular public updates about the program, and the agency didn’t respond to CNN’s questions about it. But lawyers and advocates who work with migrants told CNN the government-issued phones — which can only be used with the SmartLINK app and can’t make calls or access the internet — are becoming increasingly common.

 

LITIGATION & AGENCY UPDATES

 

CA5 on Unable/Unwilling to Protect

Justia: The Fifth Circuit denied Petitioner’s petition, citing the efforts of the Haitian government following the attacks against Petitioner. Based on the government’s response, Petitioner could not show that the Haitian government was unable or unwilling to protect him.

 

Unpub. CA5 Credibility Remand: Yahm v. Garland

LexisNexis: Because Yahm offered nontestimonial evidence of country conditions in Cameroon, the BIA erred by not considering it in the context of his CAT claim and instead treating Yahm’s lack of credibility as dispositive.

 

9th Circ. Upholds Class Cert. In ICE Forced Labor Suit

Law360: A Ninth Circuit panel on Friday upheld three class certifications in an action brought by immigrant detainees who said they were forced to work against their will and without adequate pay while in private U.S. Immigration and Customs Enforcement-contracted detention facilities.

 

SPLC’s Right-To-Counsel Claim For Immigrants Is Tossed

Law360: A D.C. federal judge tossed the Southern Poverty Law Center’s claim that confinement conditions at Immigration and Customs Enforcement facilities impeded its clients’ access to attorneys, saying the issue arose from immigration removal proceedings the district court could not hear.

 

Demanding Civil Rights Investigation Into Inadequate Mental Health Care And Abusive Solitary Confinement Practices In ICE Detention

NIJC: The National Immigrant Justice Center (NIJC) and three people previously detained at different U.S. immigrant detention centers filed a federal civil rights complaint today demanding a system-wide investigation into Immigration and Customs Enforcement (ICE) failures to provide adequate mental health care for people in its custody and its abusive use of solitary confinement. Included with the complaint are declarations from three physicians with extensive experience working with individuals in ICE custody and documenting their conditions.

 

ACLU Says States Have Power Over Immigrant Detainee Pay

Law360: The federal government’s immigration powers don’t supersede a state’s power to enforce wage laws, the American Civil Liberties Union said when asking the Ninth Circuit to affirm that a private prison owes immigrant detainees $23.2 million in back pay.

 

J.O.P. v. DHS: and Call for Information

NIPNLG: J.O.P. class counsel encourages practitioners to reach out promptly if you represent a J.O.P. class member who: (1) is facing an upcoming asylum merits hearing in immigration court; (2) has a pending BIA appeal of an asylum merits denial in immigration court; or (3) has a pending petition for review of an EOIR asylum merits denial in a U.S. court of appeals. Please contact Wendy Wylegala (wwylegala@supportkind.org) and Michelle Mendez (michelle@nipnlg.org) if you have a client in one of these situations.

 

CBP Issues Guidance on Processing of Noncitizens Manifesting Fear of Expulsion Under Title 42

AILA: CBP issued a memo that clarifies previous guidance implementing the CDC Order to ensure that it is consistent with Huisha Huisha v. Mayorkas decision, which found that the government may expel family units but only to places where they are “not likely to be persecuted or tortured.” See also CBP Clarifies Guidance Regarding Expulsion of Family Units Under Title 42.

 

USCIS Updates Public Charge Resources Webpage

AILA: USCIS updated its public charge resources webpage. The updates clarify that relatively few noncitizens are both subject to the public charge ground of inadmissibility and eligible for public benefits under the 1999 Interim Field Guidance. An updated question-and-answer section is also available.

 

USCIS Issues Guidance on Parole Requests in Response to the Shooting in Uvalde, Texas

AILA: Per USCIS, those seeking parole into the United States to attend a funeral or provide emergency assistance to a family member affected by the shooting at Robb Elementary School in Uvalde, Texas, can request urgent humanitarian or significant public benefit parole by filing Form I-131.

 

DHS Announces Registration Process for Temporary Protected Status for Cameroon

USCIS: The Department of Homeland Security posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Cameroon.

 

RESOURCES

 

NIJC RESOURCES

 

GENERAL RESOURCES

 

EVENTS

NIJC EVENTS

 

GENERAL EVENTS

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

A key quote from the NPR report (Liz’s “Item 6” under “news”):

Shelter staff says what’s being left out of the bitter partisan immigration battles in Congress is the fact that so many people are fleeing dangerous situations right now, as violence and global instability has risen, especially in Latin America during the pandemic.

So, as more and more legitimate claims for protection arise abroad (completely contrary to nativist myths and also some of the Biden Administration’s blather), the U.S. continues to defy its own laws and international agreements, while using poor interpretations of law and “holdover” adjudicators to artificially “force down” asylum grants to dishonestly low levels. Meanwhile, refugee programs, which, if properly robust and competently administered, could alleviate both the need for journeys to the U.S. border and the danger that can involve, continue to languish — as if nobody in the Biden Administration has ever read the Refugee Act of 1980!  

At the same time, there are jobs in our economy that asylum seekers could fill that would help everyone. Talk about dumb policies driven by fear, hate, and resentment!

“Gimmicks,” mindless “deterrents,” and false “silver bullet solutions” don’t cut it! They just waste money, deprive our nation of credibility, destroy lives, and increase human suffering.

No surprise:  The Round Table, NAIJ, AILA, CGRS, HRF, HRW, ACLU, and many other experts have been “spot on” in their assessment of what it will take to restore order to the border, due process and fundamental fairness to the Immigration Courts (and also the failing Article III Federal Courts), and rational self-interest to immigration, human rights, and civil rights policies.

The GOP nativists and the Biden Administration — not so much. 

🇺🇸Due Process Forever!

PWS

06-07-22 

⚖️🗽 HUMAN RIGHTS FIRST FILES PUBLIC COMMENTS POINTING OUT DUE PROCESS ERODING FLAWS IN BIDEN ADMINISTRATION’S NEW ASYLUM REGULATIONS!

Mr. Magoo
Most experts view the Biden Administration’s approach to refugees, asylum, human rights, and racial justice in America as disturbingly short-sighted!
Mr. Magoo
PHOTO: Gord Webster
Creative Commons License

From Human Rights First, June 1, 2022:

 

Human Rights First yesterday submitted a public comment on the Biden administration’s Interim Final Rule that creates a new process for adjudication of some asylum claims.

 

Under the rule, asylum seekers who are placed in the expedited removal process and who establish a credible fear of persecution may be assessed in an initial full asylum interview with the U.S. Citizenship and Immigration Services. Cases not granted by the Asylum Office will be referred to immigration court removal proceedings, as will other asylum cases that are not granted by the Asylum Office.

Courtesy Getty
Asylum seekers and U.S. Customs and Border Protection agents at the US-

Mexico border near Yuma, Arizona.

While Human Rights First welcomes some aspects of the rule, we expressed our concern about unreasonably fast deadlines that would sacrifice fairness, thwart efficiency, and exacerbate backlogs.  We also oppose provisions that threaten asylum seekers’ right to a full and fair hearing on their asylum claims.

 

The rule guts a crucial safeguard in the credible fear process:  it provides that the new asylum process will be conducted after subjecting asylum seekers to the fundamentally flawed expedited removal process, which has been shown to return refugees to persecution and death.

 

In our public comment on the rule and a factsheet on its concerning provisions, we have recommended changes to help asylum seekers receive timely, fair, and accurate adjudications.

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

The full HRF comment is available at the above link!

As with most Government immigration/civil/human rights programs, a large part of the problem is WHO is making these decisions, WHO is setting precedents, and WHO is overseeing the process and enforcing accountability.

  • The Biden Administration is still operating EOIR and large portions of the immigration bureaucracy at DHS with Trump-era “holdovers” who were improperly “programmed to deny” asylum.
  • There is a dearth of positive precedents from the BIA on gender-based asylum and other types of common asylum applications at the border that are routinely and wrongfully mishandled and denied.
  • There are cosmic problems resulting from failure to provide qualified representation of asylum seekers at the border.
  • Detention continues to be misused as a “deterrent” to legal claims and “punishment” for asserting  them. 
  • Despite “touting” a much larger refugee admissions program beyond the border, the Administration has failed to deliver a robust, realistic, refugee admissions program for Latin America and the Caribbean which would take pressure off the border. 
  • Racism and White Nationalism continue to drive the Administration’s dramatically inconsistent approach to White refugees from Ukraine compared with refugees of color at the Southern Border.

In plain terms, because of what the Biden Administration hasn’t done over the past 17 months, the new asylum regulations are “programmed for failure.”

🇺🇸 Due Process Forever!

PWS

06-06-22

🗽NDPA CAREER OPPORTUNITY: Torture Abolition and Survivors Support Coalition (TASSC) Seeks Executive Director!

 

https://www.tassc.org/careers

EXECUTIVE DIRECTOR

FULL-TIME; REPORTS TO BOARD OF DIRECTORS

TASSC seeks a visionary team leader to serve as its new Executive Director.  TASSC is the only organization founded by and for torture survivors.  We seek someone who has experience with this community, professional skills in non-profit management and direct service delivery, a trauma informed approach to working with clients and advocacy experience.

Responsible to the Board of Directors, the Executive Director operates with a growing annual budget (now at 1.2 million) to oversee personnel, projects and other operations of the organization.  The ED bears ultimate responsibility for the smooth functioning of the organization and the effective implementation of TASSC’s policy and goals including those related to programs, fundraising, public relations and networking.

TASSC seeks an executive director with qualities that reflect:

  • A commitment to the mission of TASSC;
  • Communication skills that enthusiastically embrace working with multicultural and multinational staff, survivors, donors and board members;
  • Examples of leadership through a process of consensus building;
  • Ability to understand and promote human rights of survivors of torture;
  • Commitment to working in coalition with others to prevent torture and support survivors.

Specific responsibilities include:

LEADERSHIP

  • Consults with the board to set overall TASSC strategic direction and  policies and to identify short and long term opportunities;
  • Facilitates the setting of TASSC’s annual objectives, develops and implements work plans to address priorities, and reports progress regularly to the Board of Directors;
  • Advocates for the prevention of torture and for reparations and human rights of those who have survived torture;
  • Motivates employees and the ability of the organization to attract and retain talent.

 

MANAGEMENT

  • Establishes goals and priorities with staff and ensures effective implementation;
  • Evaluates needs of survivors and how TASSC programs meet them, using results of evaluation to build strategic direction and improvement;
  • Provides outstanding management and supports staff development and motivation;
  • Ensures prudent financial management and practice within the organization, ensuring that expenditures do not exceed the overall financial resources;
  • Communicates necessary financial information to the Board and others on a timely and regular basis;
  • Collaborates with the board to develop short and long term policies that support the organization and the staff;
  • Works with Board members to produce and implement a short- and long-term fundraising plan to secure resources necessary to achieve organizational goals.

 

ADVOCACY & COMMUNITY BUILDING

  • Represent TASSC and its mission to outside audiences and advocates and promotes the organization and its core mission;
  • Promote well being of survivors, staff and community through trauma informed approach:
  • Actively manage membership recruitment and relations, ensuring communication with survivors during and after their time with TASSC;
  • Build relationships with key agency personnel and advocates to provide various services to torture survivors (i.e. social, mental health, legal, etc.)
  • Formulate action campaign strategies, including alerts to members and supporters;
  • Build and nurture relationships with key members of Congress, NGOs and media contacts to promote TASSC’s mission;
  • Maintain a working knowledge of related issues to torture, legislation, impunity, services, etc.

 

FUNDRAISING

  • Lead and implement strategies to meet fundraising goals;
  • In coordination with grant writers, oversee all grant projects and proposals;
  • Ensure timely direct mail appeal mailings;
  • Cultivation and stewardship of major donors and potential donors;
  • Maintain relationship with grant making bodies

 

BOARD RELATIONS

  • Work in partnership with the board to ensure operations comport with TASSC values and strategic direction
  • Keep the Board fully informed on the organization and all important factors influencing it;
  • Work with the Board Chair on focusing Board meetings on topics of highest priority that need Board attention and involvement;
  • Provide Board members with appropriate information on the budget and other matters needed to support informed decision making and effective governance;
  • Work closely with the board chair to guide and motivate board members;
  • Serve as an advocate before the Board to present staff needs and concerns and to work with the board to meet staff needs;
  • Assist in the selection and evaluation of Board members;
  • Provide updates on programs and finances prior to each board meeting;
  • Advise the Board, and formulates policies and planning recommendations to the Board;
  • Engage Board members collectively and individually, in understanding and making sense of the organization’s environment, challenges, and potential.

 

PUBLIC RELATIONS

  • Serve as the primary spokesperson and public face for TASSC;
  • Establish and maintain positive relationships with individuals and groups that affect the success of the organization;
  • Serve, with the Board and other Executive staff, as liaison to foundation, government, corporate, and individual donors;
  • Prepare press releases, op-ed pieces, and the like;
  • Work with Internal Operations staff to ensure consistency in publications, mailings, and website.

 

QUALIFICATIONS

The ideal candidate will have a minimum of 3-5 years progressive leadership experience in administration fundraising and management, preferably in a regional or national non-profit organization—previous experience as an Executive Director is a plus. Strong candidates will have a proven record of the following qualities:

  • Personal commitment to the mission and goals of TASSC and an ability to inspire this in others;
  • Experience as a, or with, torture survivor(s) is strongly preferred;
  • Combination of education and experience in non-profit management;
  • 5 years minimum of progressively responsible positions in complex organizations;
  • Evidence of the ability to balance creative thinking, strategic planning, and tactical execution;
  • Commitment to trauma informed approaches that promote well being of survivors, staff and community
  • Demonstrated ability to collaborate effectively with senior management teams, Board members, staff, donors, prospective donors, and other key stakeholders;
  • Strong financial and budgetary knowledge and skills;
  • Development and fundraising knowledge and/or experience;
  • Experience planning for, leading, or participating in a fundraising campaign is preferable;
  • Exceptional communication skills, including listening, writing, and public speaking skills, with the ability to deliver compelling presentations to internal and external audiences;
  • Ability to anticipate opportunities and to act quickly and resourcefully to take advantage of them;
  • Ability to prioritize and manage time effectively;
  • Collaborative management style working with staff and volunteers;
  • Knowledge of grass roots and direct action organizing;
  • Good judgment and integrity necessary to serve as an internal role model and brand ambassador.

 

Potential Start Date:  July 2022

 

WORK ENVIRONMENT AND PHYSICAL DEMANDS

Essential functions are typically performed in an office setting. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

 

Disclaimer:  This job description is only a summary of the typical functions of the job.  It is not an exhaustive or comprehensive list of all possible job responsibilities, tasks and duties.  The responsibilities, tasks, and duties of the jobholder may differ from those outlined in the job description and that other duties, as assigned, may be part of the job. TASSC International may add, change, or remove essential and other duties at any time.

 

HOW TO APPLY

Submit statement of interest and statement of personal qualifications, résumé, and 2 letters of recommendation to info@tassc.org. In the subject line of the email application please post the following:  LAST NAME FIRST NAME ED APPLICATION.  For example:  DOE JANE ED APPLICATION

 

TASSC International is an equal opportunity employer; people of color and individuals from diverse backgrounds are encouraged to apply. TASSC does not discriminate on the basis of race, color, national origin, ethnic background, religion, political orientation, genetic information, sex, gender identity, sexual orientation, age, or disability.

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

Many thanks to Deb Sanders for bringing this to my attention!

🇺🇸 Due Process Forever!

PWS

06-05-22

☹️👎🏽GOP’S ANTI-IMMIGRANT RANT THREATENS NATIONAL SECURITY!

 

Josh Rogin writes in the WashPost:

https://www.washingtonpost.com/opinions/2022/06/02/republican-immigration-preventing-hong-kong-visas-brain-drain/

. . . .

“It’s a debate between those who think our openness as a democratic society is an advantage in the struggle with autocracies or a disadvantage,” Malinowski told me. “One of the central lessons of the Cold War was that it is an advantage. I just hope we choose the same strategy that won the Cold War.”

One thing that has changed since the Cold War is that now these skilled workers who are fleeing Russia and Hong Kong have more options. Some reports say 50,000 to 70,000 Russian tech workers fled to places such as Turkey, Georgia and the Baltic countries in the first weeks of the war in Ukraine. Hong Kong business leaders are decamping for Singapore. Canada has already expanded immigration for Hong Kongers with advanced degrees, and thousands are taking advantage.

The whole world is competing for the talents of those who are fleeing from Hong Kong and Putin’s Russia. Republicans’ excessive fear of immigration should not waste a strategic opportunity for the United States to strengthen itself and weaken its rivals at the same time. Congress should work to ensure that China’s and Russia’s losses are America’s gains.

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

Read Josh’s full op-ed at the link.

As the GOP threatens democracy, suppresses individual liberties, stymies innovation, and spreads White Nationalist fear mongering about immigrants, both documented and undocumented, they make the U.S. sound more and more like the country that “lost” the Cold War.

🇺🇸 Due Process Forever!

PWS

06-04-22

🧑‍⚖️NAIJ PREZ JUDGE MIMI TSANKOV IN THE SPOTLIGHT!

Honorable Mimi Tsankov
Honorable Mimi Tsankov
U.S. Immigration Judge
President, National Association of Immigration Judges (“NAIJ”)

Dean Kevin Johnson reports on ImmigrationProf Blog:

Thursday, June 2, 2022

Interview with Hon. Mimi Tsankov, President of the National Association of Immigration Judges

By Immigration Prof

Share

Check out this Federal Bar Association interview with Hon. Mimi Tsankov, President of the National Association of Immigration Judges. She explains on how she was drawn to a career in immigration law.  Earlier this year, Judge Tsankov testified before Congress about the immigration court system backlog, necessary reforms, and related topics.

Here is an ABA panel discussion led by Tsankov on judicial independence.

 

ABA ROLI & CHR

586 subscribers

ABA NGO CSW66 Panel One: Judicial Independence and Women Lawyers and Judges

<div class=”player-unavailable”><h1 class=”message”>An error occurred.</h1><div class=”submessage”><a href=”https://www.youtube.com/watch?v=gyh-1IFpYSM” target=”_blank”>Try watching this video on www.youtube.com</a>, or enable JavaScript if it is disabled in your browser.</div></div>

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

Judge Mimi Tsankov is “living proof” that there are leaders currently at EOIR with good ideas and a dynamic vision who could lead a due process/best practices reform effort. The question is why Garland and his lieutenants haven’t paid attention to them!

🇺🇸Due Process Forever!

PWS

06-03-22

🏴‍☠️ATROCITY RULES! — SCOFFLAW GOP JUDGES ON 5TH CIR. RUN OVER LAW, CHEVRON, BASIC HUMAN RIGHTS, CONSTITUTION TO INFLICT GRATUITOUS ABUSE ON ALREADY ABUSED REFUGEE WOMEN OF COLOR!⚖️👎🏽 — Her Ex-Partner  in El Salvador “grabbed her by the hair, threw her on the sofa, and hit her.” But, Judge Leslie H. Southwick and his misogynist buddies had more abuse and dehumanization in store for her when she asked for legal protection!

Woman Tortured
“Tough noogies, ladies, suck it up and accept your fate,” say Federal Judges Southwick, Jones, and Oldham of the 5th Cir!
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons
Trial By Ordeal
No “particular social group” here says 5th Circuit Judge Southwick and his buddies Jones and Oldham. Just a little “good old fashioned trial by ordeal.” 
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

 

Toxic Trio of “America’s Worst & Most Cowardly Judges” sticks it to Salvadoran refugee woman who survived domestic violence in country where femicide is rampant and uncontrolled by corrupt and inept government.

Lopez Perez v. Garland, 5th Cir., 06-02-22, published

https://www.ca5.uscourts.gov/opinions/pub/20/20-60131-CV0.pdf

BEFORE:  Edith Jones (Reagan), Andrew Oldham (Trump), and Leslie H. Southwick (Bush II) Circuit Judges

OPINION: Judge Southwick

Lopez-Perez argues here that the IJ erred under Matter of A-R-C-G- by concluding that she had not established a nexus between her persecution and her social group. Further, she argues that the IJ incorrectly decided that the government of El Salvador was willing and able to protect her.2 These issues were identified in her Notice of Appeal and are preserved for our review here.

It is true that the IJ concluded that Lopez-Perez had not demonstrated the requisite nexus and further that she had not shown that the government was unable or unwilling to help her. Although the IJ’s analysis was cursory, we nonetheless conclude that his decision must be upheld because remand would be futile. Jaco, 24 F.4th at 406. The IJ intimated that Lopez-Perez’s proffered social groups — “Salvadoran women in domestic relationships who are unable to leave; or Salvadoran women who are viewed as property by virtue of their position in a domestic relationship” — were cognizable.

2 Lopez-Perez also argues for the first time that we should remand to the IJ for consideration in light of intervening decisions in Matter of A-B-, 27 I. & N. Dec. 316 (Att’y Gen. 2018) and Grace v. Whitaker, 344 F. Supp. 3d 96 (D.D.C. 2018), aff’d in part, rev’d in part sub nom. Grace v. Barr, 965 F.3d 883 (D.C. Cir. 2020). We decline this invitation. In addition to the fact that this argument was not raised in her Notice of Appeal, Matter of A- B- has been overruled, see A-B- III, 28 I. &. N Dec. 307 (Att’y Gen. 2021), and this court specifically rejected Grace in Gonzales-Veliz, 938 F.3d at 233–34. See also Meza Benitez v. Garland, No. 19-60819, 2021 WL 4998678, at *4 (5th Cir. Oct. 27, 2021) (explaining this Circuit’s rejection of Grace).

7

Case: 20-60131 Document: 00516340524 Page: 8 Date Filed: 06/01/2022

No. 20-60131

We have disagreed, holding that circularly defined social groups are not cognizable. See id. at 405; accord Gonzales-Veliz, 938 F.3d at 226. Indeed, the social groups identified in Jaco are nearly identical to those claimed by Lopez- Perez: “Honduran women who are unable to leave their domestic relationships . . . and Honduran women viewed as property because of their position in a familial relationship.” Jaco, 24 F.4th at 399. Because the IJ is bound to follow the law of this circuit on remand, he would be forced to conclude that Lopez-Perez’s social groups were not cognizable, thus ending the analysis. See In re Ramos, 23 I. & N. Dec. 336, 341 (BIA 2002) (noting that the BIA is “unquestionably bound” to follow circuit court rulings).

We DENY the petition for review.

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

It’s worthy of note that neither party challenged the propriety of the “particular social group!” So, this panel actually went beyond the issues before them to “stick it to” this abused refugee woman by gratuitously rejecting a well-established formulation of a “particular group” that has been the basis for granting protection in literally thousands of cases going back over two decades. (I note that even before A-R-C-G-, in Arlington the DHS Counsel routinely accepted this formulation of a “PSG” based on the so-called “Martin Memo” from DHS.)

Perhaps, that’s because even this panel acknowledged that the IJ’s “nexus analysis,” the actual ground of denial was “cursory.” In other words, this vulnerable women sought legal protection only to be shafted by poorly qualified Federal Judges at every level — the Immigration Court, the BIA, and the Fifth Circuit!

  • Here’s what Wade Henderson, then President and CEO of the Leadership Conference on Civil and Human Rights had to say about Judge Leslie H. Southwick in opposition to his confirmation:

Given the tremendous impact that federal judges have on civil rights and liberties, and because of the lifetime nature of federal judgeships, no judge should be confirmed unless he or she demonstrates a solid commitment to protecting the rights of all Americans. Because Judge Southwick has failed to meet this burden, we must oppose his confirmation.

https://civilrights.org/resource/opposition-to-the-nomination-of-judge-leslie-h-southwick/

  • Here’s what Michael Barajas of the Texas Observer had to say about Judge Edith Jones:

JONES HAS COMPARED ANYONE WHO BUYS THE ARGUMENT THAT TEXAS LAWMAKERS INTENTIONALLY PASSED A RACIST LAW TO “AREA 51 ALIEN ENTHUSIASTS.”

https://www.texasobserver.org/fifth-circuit-appeals-judge-edith-jones/

  • Here’s what the progressive group “Suit Up Maine” had to say about Judge Andrew Oldham at the time of his confirmation:

ANDREW OLDHAM: Confirmed by the Senate on July 18, 2018. Collins voted YES; King voted NO. Nominated to be federal judge for the 5th Circuit Court of Appeals, Oldham is young, aggressively conservative, and has been involved in controversial litigation that emphasized ideology over the law. Oldham has worked on cases aimed at limiting reproductive rights, challenging the Affordable Care Act, challenging California’s law requiring good cause for concealed carry of firearms, and challenging habeas rights, all of which were ultimately unsuccessful. He defended Texas laws that limited women’s access to abortions that were ultimately determined by the Supreme Court to put “undue burden” on women’s right to choose. His challenge to the Affordable Care Act based on the “Origination Clause” of the Constitution was dismissed by the 5th Circuit for lack of standing. He attempted to barr the use of habeas corpus claims by two plaintiffs, but appeals courts allowed the claims. He also filed an amicus brief on behalf of multiple states (including Maine) using the Second Amendment to challenge a California law requiring good cause for concealed carry of firearms. The 9th Circuit ruled that the Second Amendment does not protect a right to concealed carry of firearms. Additionally, Oldham was involved in challenging the EPA’s greenhouse gas rules under the Clean Air Act, and he defended Texas campaign finance laws that were being challenged by multiple nonprofits and political committees under the First Amendment. His record of unsuccessful attempts to shape the law according to his own conservative ideology suggests that this bias is likely to accompany him to the federal bench.

https://www.suitupmaine.org/extremist-judicial-appointments/

All these fears, criticisms, and predictions of bias have proved to be all too well-founded in the mal-performance of this “Toxic Trio” of far right ideologues.

“Heard (not Amber) on the street:

  • “So the one BIA precedent in the past 20 years that actually recognized a PSG as valid isn’t worthy of Chevron deference, but A-B- was?!!”
  • “No more judicial restraint? Why is DOJ not changing position and or dropping these cases?”
  • “The 5th Circuit decision claims to direct all IJs in the 5th NOT to apply ARCG. And, most 5th Circuit IJs are high deniers anyway, so they don’t exactly need encouragement.”
  • “Perhaps better IJs could think of creative ways to work around the 5th’s decision. But, they don’t exist in the 5th Circuit in Garland’s EOIR.”
  • “It also shows the problems caused by Garland’s failure to “redo” the BIA and the IJ corps on “Day 1.” By now, it’s too late.”

Unqualified, far-right Federal Judges, egged on and supported by Stephen Miller and GOP State AGs, have basically usurped the power of Congress and the Executive to set immigration policies. There is lots of contempt for humanity, racism, misogyny, religious intolerance, and disrespect for true individual liberty driving their vile and illegal agenda.

The Constitutional rights of all Americans and the future of our democracy is at stake here. Will enough folks wake up and resist this takeover before it ‘s too late? TBD!

🇺🇸Due Process Forever!

PWS

06-03-22

 

📖📚🅰️GW IMMIGRATION CLINIC “ACES” ♥️ “LIFE SAVING 101” 🛟 — “We did it!!! I am SO happy with the tears in my eyes!!!!”

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera

Professor Alberto Benitez reports:

Please join me and Professor Vera in congratulating Immigration Clinic client, K-H-, from Indonesia, and her student-attorneys, Jordan Nelson, Julia Yang, and Alex Chen. The client’s asylum application was filed on December 3, 2018, she had two interviews at the Asylum Office, on November 10, 2021 and March 2, 2022, and she was granted asylum on May 24, 2022. We received the notice today. The above-captioned is what K-H- said upon learning about her asylum grant.

K-H- is a lesbian woman. Throughout her life, she has had to hide her identity for fear that her family would disown her and that she would be arrested, physically harmed, or even killed if she was outed in her country. K-H- came to the U.S. in 2017 to work as a nanny. During that time, her host family was also hostile towards members of the LGBTQ+ community. Afraid once again, K-H- moved households and with the support of that host family and the Immigration Clinic, she decided to apply for asylum so that she could live her life openly as a lesbian woman. K-H- now volunteers for several LGBTQ+ initiatives, including a theater program for LGBTQ+ people of color. She finds that sharing her story is therapeutic. When Professor Vera asked how K-H- planned to celebrate, she replied that she will be celebrating with her new girlfriend. 

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Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax             

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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Congrats again to my friends Alberto and Paulina and their talented students!

Jason Dzubow
Jason Dzubow
The Asylumist

Proving the “Dzubow Rule:” “The winners are out here! We just have to get them represented and to merits determinations before competent adjudicators in a hopelessly backlogged system.”

How many refugees like K-H- have been arbitrarily and illegally returned to danger and harm by the Biden and Trump Administrations with no process at all, let alone due process of law? Cutting off the right to make and be fairly heard on claims to asylum and mandatory legal protection is a major human rights violation by our Government!

🇺🇸 Due Process Forever!

PWS

06-02-22

THE GIBSON REPORT — 05-31-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — More Restrictionist Myths Exposed, Graduating Dreamers, U.S. Employers Left “Twisting in the Wind”🤮 & Other Developments In The World Of Human Rights!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

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Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

NEWS

 

Around 100,000 ‘Dreamers’ to graduate without shot at work permits

Hill: DACA was put in place as a temporary stopgap in 2012, giving the right to work and study, and deferral from potential deportation, to undocumented immigrants who arrived in the country as minors before 2007… Only a quarter of 2022 undocumented graduates would be eligible for DACA, making it the first graduating class since the policy’s been in place to have a majority of post-DACA undocumented graduates.

 

Senate Votes Down Resolution To Ax Biden Asylum Rule

Law360: The U.S. Senate on Thursday voted down a resolution under the Congressional Review Act that could have overturned President Joe Biden’s policy vesting asylum officers with greater power over asylum. See also Biden prepares asylum overhaul at border, but court challenges loom.

 

ICE Agents Probably Won’t Arrest People Affected by the Texas Shooting

Vice: Federal officials declared Uvalde to be a “protected area” and said immigration agents would avoid enforcement “to the fullest extent possible.”

 

Legislators call for investigation into Boston asylum office over low rate of approvals

WGBH: In a letter sent Thursday to the Office of the Inspector General, the delegation wrote they’re concerned over a report that only 15.5% of asylum applicants reviewed by the Boston asylum office between 2015 to 2020 were approved, which is roughly half of the national average of 28%. This is the second-lowest in the nation after the New York asylum office.

 

Immigrant Bail Bond Industry Is ‘Wild West,’ State Lawmakers Say

The City: With only days left in the legislative session, Albany lawmakers are pushing to put regulations for a largely unregulated immigration bail bond industry, notorious for literally shackling clients with crippling debt and bulky ankle monitors.

 

Detention Ombudsman Reports 52% Of Complaints Were About Living Conditions

AIC: While the data is a small sample size, it paints a clear picture of why detention is so harmful, counter-productive, and arbitrary. For example, 52% were complaints about quality of life/living conditions. The next top complaints were about medical issues. The third category were about abuse & assault (legal access issues came in fourth).

 

Amazon Urged To End Support For DHS Biometric Program

Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.

 

Illegal Immigration Is Down, Changing the Face of California Farms

NYT: The new demographic reality has sent farmers scrambling to bring in more highly paid foreign workers on temporary guest-worker visas, experiment with automation wherever they can and even replace crops with less labor-intensive alternatives. See also A human-trafficking case exposed farmworker abuses. The government is promising change.

 

Immigration, Upward Mobility, and the U.S. Economy

Harvard Business Review: Ran Abramitzky, a professor at Stanford University, and Leah Boustan, a professor at Princeton, looked at decades of data to understand the real impact that immigrants and their descendants have on America today. Their findings dispel several modern-day myths and suggest that not just political but also corporate leaders need to push for more rational rhetoric and policies.

 

A wave of Afghan teens arrived suddenly — and changed everything at a Chicago high school

WBEZ: These challenges are not isolated to the walls of Sullivan. With a record 100 million people displaced around the world, including 3 million Afghans, and the war in Ukraine adding to that tally every day, the Rogers Park school stands as an example of the kinds of challenges and transformations unfolding in schools and communities across the globe.

 

LITIGATION & AGENCY UPDATES

 

What To Expect As 5th Circ. Prepares To Hear DACA Clash

Law360: The Fifth Circuit is poised to consider the legality of a deportation relief program for immigrants brought to the U.S. as children. As oral arguments come up, Law360 takes a look at what’s happened thus far and what could happen in and outside the courts.

 

Child Endangerment Plea Sinks 3rd Circ. Deportation Fight

Law360: A Third Circuit panel ruled 2-1 in a precedential decision Thursday that a Dominican man convicted of endangering the welfare of a child could be deported because that crime qualifies as child abuse.

 

Unpub. BIA on nexus, PSG

Courtside: Judge Ellen Liebowitz’s compact, cogent, powerful opinion is a terrific “mini-primer” on how PSG and “one central reason” nexus cases properly should be decided.

 

Roe v. Mayorkas on Afghan Parole

ACLU: Nine months after the fall of Kabul to the Taliban, USCIS’s abandonment of the humanitarian parole process of Afghans has left the plaintiffs stranded and in danger. After months of waiting, they have received either denials or no responses to their applications. One plaintiff applied for six family members, but tragically lost three of them while awaiting decisions on their applications for humanitarian parole.

 

Feds Ask Court To Nix Deadlines For Allies’ Green Card Apps

Law360: The Biden administration asked a D.C. federal court on Tuesday to undo an order to speedily process green card applications for thousands of Afghan and Iraqi translators, saying the plan is no longer feasible due to chaos abroad and bureaucratic dysfunction at home.

 

Mexico’s Supreme Court Declares Immigration Checkpoints Unconstitutional

AIC: The case before Mexico’s Supreme Court involved three indigenous Mexican citizens. Immigration officials detained the three siblings due to their appearance and limited proficiency in Spanish. They were held for eight days where the 18-year-old brother was tortured until he signed a document indicating he was from Guatemala, even though he could not read Spanish.

 

USCIS To Adjust Its Interpretation Of Three And 10-Year Bars Of Inadmissibility

Chugh: As a result of a lawsuit, the United States Citizenship and Immigration Services (USCIS) intends to no longer force certain adjustment of status applicants to leave the United States during their period of inadmissibility. Additionally, USCIS will not reject adjustment of status applications if an applicant was in the United States during the period of inadmissibility without a waiver. The new policy interpretation is still being finalized by the Department of Homeland Security and new USCIS guidance is expected soon.

 

Amazon Urged To End Support For DHS Biometric Program

Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.

 

Immigration Help Available to Those Affected by Special Situations, Including the Shooting in Uvalde, Texas

USCIS: U.S. Citizenship and Immigration Services reminds the public that we offer immigration services that may help people affected by unforeseen circumstances, including the shooting in Uvalde, Texas.

 

USCIS Announces Availability of New EAD Automatic Extension Calculator

AILA: Following the USCIS temporary final rule increasing the automatic extension period for EADs, USCIS created the EAD Automatic Extension Calculator to assist employers and employees with determining the EAD expiration date for eligible employees.

 

DHS Notice Regarding New Assessment of Customer Experience and Service Delivery Subcommittee

AILA: DHS notice stating that the Secretary directed the Homeland Security Advisory Council to establish a subcommittee which will provide findings and recommendations on how DHS can improve its customer experience and service delivery.

 

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

AIC: Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020.

 

CBP “Manifesting Fear of Expulsion Under Title 42” Documents (May 21, 2022)

LexisNexis: Here are links to two May 21, 2022 CBP Title 42 guidance documents stemming from the Huisha Huisha v. Mayorkas (27 F.4th 718, CADC 2022) litigation.  They went into effect at 12:01 a.m. (EDT) on May 23, 2022.

 

RESOURCES

 

NIJC RESOURCES

 

GENERAL RESOURCES

 

 

 

EVENTS

 

NIJC EVENTS

 

 

GENERAL EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

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Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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Leah Pratt Boustan
Professor Leah Pratt Boustan
Economist
Princeton University
PHOTO: Princeton Website

LEAH BOUSTAN: I think that we’re seeing some of the same anti-immigrant rhetoric today than we’ve seen in the past US history. So we were interested in comparing immigrants that are coming to the U.S. today from all around the world to what we think of as the Ellis Island generation a century ago that faced a lot of anti-immigrant sentiment at the time. But now when we look back with hindsight on that generation, we have a very different view, a nostalgic view that sees those immigrants as contributing to society, building the economy. So we wanted to know are the immigrants that the U.S. is welcoming today on the same path and on the same trajectory as the past?

Honestly, what we find here really surprised both of us because we’ve heard all of the worries and concerns that people all across the aisle, I think, are expressing about immigrants today. That they come from poor countries. That it takes them a while to move up the ladder. So we were really surprised to see this really commonality between the Ellis Island generation and immigrants today. We end up seeing in the data that immigrants from Europe 100 years ago, and immigrants from Asia and Latin America today look like they’re on such a similar trajectory. Despite so many differences between the past and present, we see really a common immigrant story.

Check out the article from Harvard Business Review highlighted by Elizabeth above!

🇺🇸Due Process Forever!

PWS

06-02-22

 

 

 

👩🏽‍🏫📚 📖SOCIETY FOR THE PSYCHOLOGICAL STUDY OF SOCIAL ISSUES (“SPSSI”) PROUDLY PRESENTS A FREE WEBINAR: “A Review Of Immigration Policy Reform From Applied & Empirical Perspectives,” Friday, June 3, 2022 @ 4:30 EDT, Featuring: Chelsea Queen (UTEP, Moderator), Professor Josiah Heyman Ph.D. (UTEP), Aldo Barrita M.A. (Ph.D. Program, UNLV), & Me! — Don’t Miss It! — Also Available On YouTube TV After The Presentation!

 

Here’s the link for FREE registration for this webinar:

https://us06web.zoom.us/webinar/register/WN_iup8pofbTRiMc7qWdr0faQ

SPSSI

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

Hope to see you there! Our ever-amazing Moderator/Organizer/Inspiration Chelsea Queen, 4th Year Doctoral Student @ UTEP & Applied Work Member-at-Large of the SPSSI Graduate Student Committee, promises to 1) keep us “on track;” and 2) involve the audience in the dialogue.

🇺🇸Due Process Forever!

 

PWS

06-01-22