💡NOLAN RAPPAPORT @ THE HILL HAS SOME BRIGHT IDEAS FOR BIPARTISAN IMMIGRATION REFORM!

Nolan Rappaport
Family Pictures
Nolan Rappaport
Opinion Writer
The Hill

Senators say they’re interested in bipartisan immigration plan; here are some suggestions

Nolan Rappaport, opinion contributor

 

 

Sens. Thom Tillis (R-N.C.) and Dick Durbin (D-Ill.) plan to bring together a group of senators interested in trying to revive immigration discussions after the April recess. They “want to sit at a table and ask members who have immigration, bipartisan immigration bills, to come and propose those bills to us and see if we can build a 60-vote plus margin for a group of bills.”

 

Are they serious about immigration reform, or are they just doing this so they will be able to say in the upcoming midterm elections that they sponsored a number of immigration reform bills?

 

It won’t take much effort to repackage bills that have already been introduced.

 

In any case, they seem at least to be open to a variety of approaches to immigration reform, so I will take this opportunity to offer them a few suggestions.

 

Registry — The Democrats tried to include a registry provision update in a reconciliation bill in September 2021, but the Senate parliamentarian made them remove it. That was unfortunate. The registry provision has not been updated since 1986.

 

The registry provision grants lawful permanent resident status to certain undocumented immigrants who have resided continuously in the United States since before Jan. 1, 1972. This means that registry currently is available only to undocumented immigrants who have lived here continuously for half a century, which greatly reduces the value of the provision.

 

The Democrats went too far in the other direction with the update they put in the reconciliation bill. It would have changed this date to Jan. 1, 2011, which would make legalization available to approximately 6.7 million undocumented immigrants.

 

At some point, an undocumented immigrant has been here so long that it would be unconscionable to make him leave. It’s just a matter of reaching an agreement on when that point has been reached.

 

I encourage the senators to include the registry provision in their bipartisan discussion to see if there is a date that would be acceptable to both parties.

 

Read more at

https://thehill.com/opinion/immigration/3264678-senators-say-theyre-interested-in-bipartisan-immigration-plan-here-are-some-suggestions/

Published originally on The Hill.

 

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

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Read Nolan’s full article at the link.

Nolan doesn’t claim that enactment of these provisions would “solve all problems” — an ambitious task. But, the package would be a very significant improvement, building on legal and administrative mechanisms that have been successful in the past. 

Here are some major things that could be accomplished:

  • Dramatically cutting into the unmanageable backlogs at both USCIS and EOIR in a way that should actually be “self-funding” and relatively free of litigation;
  • Reducing pressure on the border without the type of “gimmicks” that have proved unsuccessful in the past and giving individuals the ability to  apply and get an answer without making the journey to the border;
  • Combatting employer exploitation of undocumented workers and maintaining an adequate wage scale for all American workers;
  • Increasing the pool of legally authorized employment (including employment in “essential occupations”) at a time when it is badly needed; and, incidentally,
  • Substantially increasing tax revenues. 

It would be great to believe that folks on the Hill and in the Administration are actively thinking about such timely, achievable, practical solutions to ongoing problems.

🇺🇸Due Process Forever!

PWS

04-12-22

⚖️🗽🇺🇸 SUNDAY, FEB. 27:  SUPPORT THE “YOUTH BRIGADE” OF THE NDPA IN THEIR INSPIRING EFFORT TO “CLAW” A  BETTER FUTURE FOR AMERICAN FAMILIES WHO WON THEIR CASES, BUT STILL AWAIT STATUS! — They Met The Highest Burden In Court, But The Arbitrary 4,000 Numerical Limit Keeps Them “In Limbo” & From Fulfilling Their Full Potential For America!

Visit us at clawcampaign.org
Follow us on:

WhatsApp Image 2022-02-24 at 1.32.05 AM.jpegInvitation twitter.jpeg

From: Anam Aasem <aasem@leyruta.org>

Date: Thu, Feb 24, 2022 at 12:36 PM

Subject: [washdc] Invitation to CLAW “cancellation and life after winning” launch party

To: AILA Washington DC Chapter Distribution List <washdc@lists.aila.org>

Good Afternoon fellow colleagues,

We would like to cordially invite you to the launch party of CLAW, “Cancellation and Life after Winning” at the CLAW headquarters located at 11710 Bowman Green Drive, Reston, VA 20190 on Sunday, February 27, 2022 at 4 pm.

What is CLAW?

CLAW is a campaign initiated by teenager and immigration activist, Neela Nesari. The campaign aims to bring about a change to increase the 4000 limitation cap on 240A cancellation cases.

Neela is initiating an awareness month about this issue in March of 2022 and needs your help. The goal is to educate, organize and advocate for legislative changes to the immigration system with respect to the defense of cancellation of removal.

We are very excited to announce that CLAW has secured the enthusiastic support of renowned former immigration judge and former chairman of the BIA, Honorable Judge Paul Schmidt, who will be the guest of honor at CLAW’s launch party.

We look forward to your support for this worthy cause. As immigration attorneys and advocates, we know too well that a 42b cancellation case doesn’t just end at the Individual Hearing and our clients face a long road ahead before they can become permanent residents. Why not do something about it?

Please RSVP to support@clawcampaign.org.

Refreshments will be provided.

Regards,

Anam Aasem, Esq.

Supervising Attorney

Leyruta & Associates, PC

(Offices in Herndon, Falls Church, Richmond, Harrisonburg)

pastedGraphic.png

Office: 703-796-0801

Fax: 703-796-0802

www.leyruta.org

*Admitted to the New York State Bar.

*Practice outside of NY limited to Federal Immigration Law.

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

Unfortunately, in the bizarre and counterintuitive world of U.S. immigration law and our broken Immigration Courts, winning your case, no matter how satisfying, is “only half the battle!” These amazing young people understand how unfair and counterproductive that is and are “walking the walk, not just talking the talk.” Come be inspired by folks who believe in and act for a “Better America” for all of us! 

Hope to see you there on Sunday!

🇺🇸Due Process Forever!

PWS

02-24-22

⚖️🗽👍🏼👩🏽‍⚖️ ROUND TABLE 🛡⚔️ ENDORSES LOFGREN ARTICLE I BILL — HR 6577!

Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member Round Table of Retired Judges

Many thanks to Judge Joan A. Churchill for spearheading this effort and for her many years of leadership and tireless dedication to the Article I Movement!

Endorsement of Art. I Bill (Final)

  ENDORSEMENT OF H.R. 6577

BY

THE ROUND TABLE OF FORMER IMMIGRATION JUDGES February 18, 2022

The Round Table of Former Immigration Judges, composed of 52 for- mer Immigration and Appellate Immigration Judges, wholeheartedly endorses H.R. 6577. We urge its passage.

Members of the Round Table of Former Immigration Judges were appointed by and served under both Democratic and Republican administrations. Our periods of service on the bench span 1980 through December 2021. As former Immigration Judges, we are acutely aware of the systemic flaws in the placement of the Immigration Court within the Department of Justice, our nation’s highest law enforcement agency. Ever aware of our duty to exercise our independent judgment to accord due process, we conscientiously strove to do so throughout our years on the bench. However, challenges to our ability to do so were ever present. While we felt that we individually were administering impartial justice, we could not overcome the appearance of partiality, created by the structural flaw in the system, in the eyes of the parties and public.

Establishment of an independent Immigration Court under Article I of the Constitution is long overdue. On March 1, 1981 the Congressionally created bipartisan Select Commission on Immigration & Refugee Policy, issued its Final Report, entitled U. S. Immigration Policy and the National Interest, calling for creation of an Article I Immigration Court :

“The Select Commission recommends that existing law be amended to create an immigration court under Article I of the U.S. Constitution.” [pp. xxviii-xxix]

  

 The Select Commission, which began its work in 1979, undertook an exhaustive study which ultimately identified and recognized the structural flaw which H.R. 6577 will finally correct. Steps taken by successive ad- ministrations since 1981 have not fixed the problem. Rep. Bill McCollum, (R FL), a prior Chair of the House Immigration Subcommittee, introduced several Article I Immigration Court bills over the years. It is not a partisan issue. The structure simply does not allow for truly impartial adjudication. Political policy making functions should not be commingled with adjudicative functions. Impartial adjudication is essential for due process. Congressional action is necessary to eliminate the systemic structural flaw. Passage of H.R. 6577 will do that. H.R. 6577 will establish a judicial structure for adjudicative immigration proceedings that will assure due process, an American value enshrined in the U.S. Constitution. We applaud the intro- suction of H.R. 6577 and look forward to its enactment.

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

Knightess
Knightess of the Round Table

🇺🇸Due Process Forever!

PWS

02-21-22

⚖️👩🏽‍⚖️CONGRESS: ARTICLE I IN PLAY, AS CHAIR LOFGREN INTRODUCES “The Real Courts, Rule of Law Act of 2022!” — “Our immigration court system will never be effective as long as it is housed under the Department of Justice.”☠️🤮

Zoe’s Lofgren
Rep. Zoe Lofgren (D-CA)
Chair of the House Subcommittee on Immigration and Citizenship
PHOTO: US House

Here’s the scoop:

Lofgren Introduces Landmark Legislation to Reform the U.S. Immigration Court System

February 3, 2022 Press Release

The Real Courts, Rule of Law Act of 2022 creates an independent ‘Article I’ immigration court, free from the political influence of the Executive Branch

WASHINGTON, DC – Today, U.S. Congresswoman Zoe Lofgren (CA-19), Chair of the House Subcommittee on Immigration and Citizenship, introduced H.R. 6577, The Real Courts, Rule of Law Act of 2022, a bill that transitions the nation’s immigration court system into an independent judiciary, consistent with Article I of the U.S. Constitution. The bill will ensure that the immigration courts are administered by qualified, impartial judges; have adequate court resources and support services; are defined by transparency and integrity; and are financially independent. The Real Courts, Rule of Law Act of 2022 is co-sponsored by House Judiciary Committee Chair Jerrold Nadler (NY-10) and Chair of the House Subcommittee on Courts, Intellectual Property, and the Internet, Hank Johnson (GA-04).

An office within the Department of Justice, our nation’s immigration court system – known as the Executive Office for Immigration Review – lacks procedural and structural safeguards to protect it against political influence. Immigration judges are not judicial officers – they are lawyers, appointed by the nation’s top prosecutor, the Attorney General. As employees of the Department of Justice, immigration judges are charged with adjudicating cases in accordance with the policies and priorities of the governing administration. Each Administration – Democratic and Republican – has used the immigration courts as a mechanism to shape immigration policy.

“A hallmark of our system of democracy and the rule of law is an independent judiciary. Our immigration court system will never be effective as long as it is housed under the Department of Justice. After decades of political whiplash, resulting from the ever-changing policies and priorities of the governing Administrations, it is clear that the system is ineffective, inflexible, and far too often, unfair,” said Chair Zoe Lofgren. “Congress must act by passing The Real Courts, Rule of Law Act to create an immigration court system independent of the Executive Branch. This structural overhaul will strengthen due process and restore faith in the system by taking politics out of the immigration courts for good.”

“Since its founding, our immigration court system has been mired by political interference from both Democratic and Republican administrations,” said Chair Jerrold Nadler. “Our country needs an immigration court system that can deliver just decisions in accordance with the law, not one that is subject to ever-changing political whims. I’m proud to join Subcommittee Chair Lofgren in introducing the Real Courts, Rule of Law Act, which would establish an independent Article I immigration court system consistent with other judicial institutions across our nation. By moving the court out from under the Department of Justice, this legislation will ensure that our immigration court system can effectively prioritize due process and the rule of law.”

“The creation of an independent immigration court would ensure that our immigration judges are no longer subject to the political whims of any particular administration,” said Chair Hank Johnson. “Our current immigration backlog is approaching 1.6 million cases and lacks procedural and structural safeguards to protect the human beings that make up these cases. By establishing an independent immigration court, this bill will ensure impartiality and transparency when it comes to these life and death decisions and allow these judges to administer justice efficiently and effectively. I’m proud to join Rep. Lofgren in introducing The Real Courts, Rule of Law Act of 2022.”

Click here for a one-pager on immigration court reform and The Real Courts, Rule of Law Act.

Click here for a section-by-section summary of The Real Courts, Rule of Law Act.

Click here for full text of The Real Courts, Rule of Law Act.

Bill Details

The Real Courts, Rule of Law Act of 2022 will:

  • Establish an independent immigration court – similar to the U.S. Tax Court – consistent with Article I of the United States Constitution. The newly-formed United States Immigration Court will be comprised of a trial division, an appellate division, and an administrative division.
  • Ensure that qualified, impartial individuals are appointed to serve as immigration judges at both the trial and appellate levels.
  • Ensure that the United States Immigration Court has adequate resources and support to operate efficiently while giving the Court authority to appoint temporary immigration judges and establish temporary court facilities to ensure the expeditious administration of justice.
  • Improve transparency and accountability in Immigration Court proceedings by requiring publication of all court rules and procedures, as well as precedent decisions and pleadings while protecting confidential information.
  • Improve efficiencies by allowing the Immigration Court to establish its own budget without review by the Executive Branch and empowering immigration judges to control their own dockets and compel agency action that is unlawfully withheld or unreasonably delayed.
  • Strengthen the integrity of immigration court proceedings by giving immigration judges authority to impose civil money penalties for contempt of court.
  • Ensure due process by preserving the privilege of counsel, ensuring quality interpreter services, and mandating legal orientation programs for individuals appearing before the Court.

Support

The Real Courts, Rule of Law Act of 2022 is supported by the American Bar Association, American Immigration Lawyers Association, Federal Bar Association, National Association of Immigration Judges, American Immigration Council, Bipartisan Policy Center Action, Human Rights First, Kids in Need of Defense, National Immigrant Justice Center,  National Immigration Law Center, Niskanen Center, and Women’s Refugee Commission.

“The American Bar Association has high regard for the mission and goals of the Justice Department, but we strongly support the creation of an independent Article I immigration court system. It is essential that every judge is free to decide cases based solely on the facts and the law, without external pressure or influence,” said Reginald Turner, President of the American Bar Association (ABA).

“This legislation and the effort to rebuild our immigration court system is welcome indeed. For decades, the deck has been stacked against immigrants. Getting a fair day in court is nearly impossible when the immigration courts are under the authority of the nation’s chief prosecutor: the Attorney General. Regardless of their administration or political party, Attorneys General can abuse the extraordinary power they have over the immigration courts and sacrifice due process for expediency.  When that has happened in the past, the most vulnerable people – including asylum seekers, victims of violence, and people deprived of their liberty – have paid a high price. There remains vital work to be done by Congress to reform the immigration law itself—specifically, restoring discretion to immigration judges. But foundational to any fair system is a neutral judge. This bill provides that foundation,” said Jeremy McKinney, President-elect of the American Immigration Lawyers Association (AILA).

“After spending several decades helping develop and advocate for this landmark legislation, the Federal Bar Association commends Chair Lofgren and her colleagues for introducing a bill today that would facilitate a long-lasting solution to separate the politics of immigration enforcement from the needs of immigration adjudication.  Having collaborated with a number of other prominent legal associations to get to this historic point, FBA remains committed to ensuring that we improve access to justice and due process for individuals appearing before immigration judges. The Constitution gives Congress the ability to create new federal courts and with a current backlog of 1.6 million cases, it is clear to our members that the time has finally come to fix a broken and ineffective system,” said Anh Le Kremer, President of the Federal Bar Association.

“The NAIJ applauds the House Judiciary leadership for introducing an Article I Immigration Court bill. Chair Lofgren, Chairman Nadler and Chairman Johnson, in introducing this legislation, are rectifying the historical mistake of having an immigration court housed in a law enforcement agency. Given the many problems facing the Immigration Court, Congress’s leadership in removing the court from the Department of Justice is welcome relief, and is a crucial step in restoring due process and court efficiency to our broken system,” said Judge Mimi Tsankov, President of the National Association of Immigration Judges (NAIJ).

Related Hearings

On January 20, 2022, the Subcommittee on Immigration and Citizenship held a hearing titled “For the Rule of Law, An Independent Immigration Court.” Click here for the full video, witness testimonies, and supporting documents from that hearing.

On January 29, 2020, the Subcommittee on Immigration and Citizenship held a hearing titled “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts.” Click here for the full video, witness testimonies, and supporting documents from that hearing.

###

Issues:

Immigration

Media

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Four Horsemen
The BIA’s “take no prisoners” approach to asylum seekers has helped bring the Immigration Courts into disrepute, leading some reviewing courts to suggest that EOIR has crossed the line from “fair and impartial adjudication” to “advocates for DHS Enforcement.”  That’s not news to experts and human rights advocates. Despite Biden’s campaign promises to restore justice for migrants, Garland has failed to usher in a new era of “due process and fundamental fairness for all.” 
Albrecht Dürer, Public domain, via Wikimedia Commons

As this bill moves forward, the ongoing chaos, unfairness, disorder, dysfunction, dehumanization, and abysmal quality of decisions flowing from Garland’s Clown Courts 🤡 will get more and more attention and memorialization! 

It would behoove Garland to clean house at EOIR and bring in some real judges, immigration/human rights/due process expertise, and competent judicial administrators to prepare the system for transition to Article I.

In this respect, the bill contains this provision, requiring the President and the Appellate Division ensure:

‘‘(2) the corps of immigration judges—

‘‘(A) is comprised primarily of individuals with prior legal experience in immigration law; and

‘‘(B) to the extent practicable, reflects a balance of individuals with prior legal experience in the public sector and private sector; and ‘‘(3) candidates are selected without regard to political party affiliation or perceived political ideology.

Certainly not the way EOIR has been run by DOJ politicos over the past two decades! And, to date, Garland has done little to bring about long overdue personnel changes, due process, fundamental fairness, decisional independence, quality, and professionalism! 

🇺🇸Due Process Forever!

PWS

02-03-22

⚖️🗽🇺🇸👍🏼👩🏻‍⚖️ JUSTICE FOR KIDS IN COURT — ROUND TABLE ⚔️🛡 “WARRIOR QUEEN” 👸🏻 HON. SARAH BURR SPEAKS OUT FOR “FAIR DAY IN COURT FOR KIDS ACT OF 2021!” — “We cannot in good conscience allow any unaccompanied children to appear in immigration court alone.”

Hon. Sarah Burt
Hon. Sarah Burr
Retired U.S. Immigration Judge
Knightess of The Round Table
Photo Source: Immigrant Justice Corps website
Knightess
Knightess of the Round Table

https://thehill.com/opinion/judiciary/578076-why-are-children-representing-themselves-in-immigration-court

From The Hill:

As a retired immigration judge, I have watched with concern reports of the surge of unaccompanied immigrant children crossing the border into the United States. There are many reasons for concern—their housing, their health, their safety. To me, there is an additional, very real, and often overlooked question looming on the horizon: What will happen when these children, even toddlers and babies, appear alone in immigration court?

Yes, alone. While a person in immigration proceedings is entitled to be represented by a lawyer if they can afford it, there is no constitutional or even statutory right to appointed counsel in immigration proceedings. That means those who cannot afford a lawyer must appear in court alone, including children.

While I am pleased to see the Biden administration plans to provide government-funded legal representation for certain immigrant children in eight U.S. cities, this new initiative is still a far cry from the universal representation needed to support children in removal proceedings.

Imagine, if you can, a child — 2 years old, 10 years old or 17 years old — appearing before an immigration judge alone. How does a child, already intimidated and confused by the courtroom setting, understand the nature of the court proceedings and the charges against them? How can a child understand the complexities of immigration law, their burden of proof, and possible defenses against deportation? The short answer is they cannot.

. . . .

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Read the rest of the op-ed at the above link.

The “Fair Day For Kids in Court Act of 2021” is endorsed by the “Round Table” ⚔️🛡 among many other groups in the NDPA!

Here’s a summary (courtesy of Hon. “Sir Jeffrey” S. Chase):

Senator Mazie Hirono (of [Round Table “Fighting Knightess” Judge] Dayna Beamer’s home state of Hawaii) plans to introduce the attached bill on Thursday, that would provide counsel for unaccompanied children in Immigration Court by:

  • Clarifying the authority of the federal government to provide or appoint counsel to noncitizens in immigration proceedings;

  • Requiring the appointment or provision of legal counsel to all unaccompanied children in proceedings unless they obtained counsel independently;

  • Mandating access to counsel for all noncitizens in CBP and ICE facilities;

  • Requiring that, if the government fails to provide counsel to an unaccompanied child and orders that child removed, the filing of a motion to reopen proceedings will stay removal; and

  • Requiring government reporting on the provision of counsel to unaccompanied children.

Here’s the text of the bill, which will be introduced by Sen. Hirono later this week:

Fair Day Text FINAL

Thanks Sarah and Jeffrey!  So pleased to be part of the “support group” for this long-overdue and badly needed legislation that would do what to date Congress, the Federal Courts, and DOJ have failed to do: Enforce the Due Process Clause of the Fifth Amendment in Immigration Court!

Wendy Young
Wendy Young
President, Kids In Need of Defense (“KIND”)

And, of course, we should never forget the ongoing, daily work performed by NDPA Superhero 🦸🏻‍♂️  Wendy Young and Kids in Need of Defense (“KIND”) in ending the disgraceful blot on American justice of unrepresented kids in Immigration Court:

Dear Paul,

I met Maria* in immigration court.  The judge sat in his robes behind the bench when he called her deportation case.

A trial attorney from the Department of Homeland Security sat at the front, prepared to argue for Maria’s removal from the U.S.. Maria was by herself without a lawyer by her side. 

She was five years old.

She approached the bench, wearing her nicest clothes, clutching a doll. She sat behind the respondent’s desk, barely able to see over the microphone. The judge asked her a number of questions about why she was in the US and about her life here, none of which she could answer. Her eyes grew bigger and bigger as she sat silently, until he finally dismissed her and told her to come back at a later date. As she left the court, he asked her what the name of her doll was. In Spanish, she replied, “Baby Baby Doll.” That was the only question she could answer.

That moment haunts me. I continually wonder about the insanity of asking a five year old to stand alone and defend herself against deportation in a federal courtroom. It should never happen. Which is exactly why KIND has mobilized and trained a powerful group of pro bono attorneys to represent and work with children just like Maria who deserve legal representation in a U.S. immigration court.

This October, KIND is honoring the pro bono attorneys who have helped more than 27,000 children referred to KIND receive legal representation that often means the difference between relief and deportation and, by extension, a child’s safety or danger.

Will you make a tax-deductible donation now to support the children we work with in and out of the courtroom?

Here’s the direct impact your gift today can have for children like Maria:

Paul, these are just a few ways we’ll put your gift to work, but know that your donation in ANY amount is critical to the number of children we can reach, and represent, through the amazing efforts of our pro bono attorney network.

These kids are scared, they are traumatized. They are intimidated. And without the services provided by organizations like KIND, they are all alone.

But that’s why we’re here – and that’s why I hope you’ll consider making a gift today to support this life-changing work. Your donation today will have a direct impact on the lives of refugee children who deserve to have someone in their court.

Thank you so much for your generosity today, and always.

🇺🇸Due Process Forever!

PWS

10-26-21

 

 

 

🗽🇺🇸WASHPOST: Our Need To Absorb Current Undocumented Residents & Expand Legal Immigration Remains As Clear As Ever — All We Lack Is The Political Will & Courage To Do The Obvious!

From the WashPost Editorial Board:

https://www.washingtonpost.com/opinions/2021/09/26/immigration-reform-is-back-square-one-way-forward-is-clear/

. . . .

There are enormous downsides to border disorder, to immigration policy paralysis and to leaving the fates of more than 11 million current immigrants without any path to a secure future — even beyond the reinforcement it provides to the United States’ growing international reputation for dysfunction. No one gains by the chaos except smugglers who soak desperate migrants financially on their way north in hopes of a better life. The losers include not only the “dreamers” brought to this country as children, who must live in perpetual anxiety, but also the country as a whole, which loses the value of immigrants, skilled and otherwise, who would turbocharge entrepreneurship, create jobs and help the economy grow.

There are available solutions if Congress could overcome its horror of bipartisan compromise. The goal should be to establish a realistic annual quota of immigrant visas for Central Americans, Haitians and others desperate to reach this country who otherwise will cross the border illegally — a number that recognizes the U.S. labor market’s demand for such employees. That must be supplemented by a muscular guest worker program that enables legal border crossing for migrants who want to support families remaining in their home countries.

. . . .

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Read the complete editorial at the link.

It’s worth adding that the current “border disorder” is largely the result of White Nationalist, legally defective, anti-immigrant policies of the Trump regime compounded by the failure of Mayorkas and Garland to take the obvious, available, common sense steps necessary to reopen legal border ports of entry, to make the long overdue necessary reforms to establish a fair, efficient, and generous legal asylum system at the USCIS Asylum Offices and the Immigration Courts, and to insist on the creation of a robust, functional refugee program for Latin America and the Caribbean.

None of the this is “rocket science!” 🚀 Plenty of great blueprints for administrative reforms and the potential expert leadership to implement them were “out there for the taking” at the beginning of the Biden Administration. By dawdling, tapping the wrong leaders, and continuing enforcement policies and bad judicial practices that were proven failures, the Administration predictably put itself “behind the eight-ball” in establishing order and implementing the rule of law at our borders!

Until the Biden Administration ends its disgraceful, cowardly, illegal, cruel, ineffective, and inhumane reliance on bogus “Title 42” restrictions to suspend orderly legal processing at the border, they will continue to bobble the next predictable “border crisis.” The GOP will continue to spout nativist nonsense. Desperate people will continue to do desperate things. Only a tone-deaf Administration would continue to ignore this reality!

🇺🇸Due Process Forever!

PWS

09-27-21

☹️BREAKING: PARLIAMENTARIAN KILLS DEMS’ HOPES FOR IMMIGRATION REFORM, GUARANTEEING YEARS OF  CONTINUING PAIN, SUFFERING, LOST OPPORTUNITY FOR MILLIONS OF AMERICAN RESIDENTS & OUR NATION!

https://www.huffpost.com/entry/immigration-dreamers-senate-parliamentarian_n_61449d33e4b0556e4dd84e27

 Igor Bobic reports for HuffPost:

Democrats’ push to give young undocumented Dreamers a path to citizenship violates Senate rules, according to the Senate’s parliamentarian, who dealt yet another blow on Sunday to long-stalled immigration reform efforts in Congress.

. . . .

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

Predictable! It’s pretty simple. Long overdue and badly needed positive immigration reform, including Dreamer relief, is dead until enough GOP nativists are removed from Congress to save our democracy!

🇺🇸Due Process Forever!

PWS

09-19-21

🇺🇸🗽⚖️NDPA ALERT: ELIMINATE THE CANCELLATION OF REMOVAL CAP! — Join Neela Nes’s Petition To Lift the Cap & Donate To Immigration Reform — Watch Neela’s Inspirational Video About “American Families In Limbo!” — End Injustice To Our Immigrant Communities!

Here’s the link to 1) sign Neela’s petition; 2) watch her very impressive video; and 3) donate (only if you choose, of course, not required to do 1 & 2):

https://www.change.org/p/alexandria-ocasio-cortez-remove-the-green-card-annual-cap

Neela is the daughter of my friend, Northern Virginia Immigration Lawyer Yousef Nesari, whose firm appears in the Arlington Immigration Court on a regular basis.

I’ve helped lawyers with some cancellation cases since retirement. The unnecessary delays, inconsistent decisions, and human toll caused by failure to do better is simply appalling. An obvious example is the Government’s dilatory actions and litigation that took the “stop time” rule unsuccessfully to the Supremes twice, rather than just dong things fairly, correctly, and according the law in the first instance. Talk about “low hanging fruit” among the ways the Biden Administration and Congress could “declutter the Immigraton Courts” while making America a better place by allowing more immigrants to reach their full potential!

🇺🇸🗽Good luck, Neera, and Due Process Forever!

PWS

08-21-21

🇺🇸AMERICA NEEDS MORE LEGAL IMMIGRATION, NOT MORE WALLS & JAILS! — Rampell Gets It Right @ WashPost!

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2021/07/15/worried-about-illegal-immigration-create-more-legal-immigrants/

If Republicans are truly worried about the supposed scourge of undocumented immigrants, they should start building that “big, beautiful door” on our borders that Donald Trump always talked about.

The solution to concerns about “illegal immigration” is creating more legal pathways to immigrate here.

Immigration reform has stalled for decades, despite widespread agreement that the existing system is broken, and occasional bipartisan attempts to fix it. The latest sweeping reform bill, backed by President Biden, has gone nowhere, unlikely to secure enough Republican votes to avoid a filibuster.

So now Senate Democrats are attempting a workaround. They’ve signaled that they’ll include a narrow subset of immigration issues in their forthcoming reconciliation bill, which could be passed with only Democratic votes.

Exact details are still being hashed out, but the bill is expected to contain a pathway to citizenship for certain categories of undocumented immigrants, including “dreamers” (unauthorized immigrants who came to the United States as children), those with temporary protected status (people from countries facing emergencies such as armed conflict or natural disaster), essential workers and farm laborers.

A majority of both Democratic and Republican voters support earned legalization of these groups, according to recent polls.

This legislative strategy is by no means a slam-dunk. Moderate Democratic lawmakers need to get on board, since passing the bill through the reconciliation process would require all 50 Senate Democrats’ votes. The biggest wild card, Sen. Joe Manchin III (D-W.Va.), has already indicated his support, which seems promising.

The bigger hurdle involves legislative rules: The Senate parliamentarian must determine that these immigration measures are sufficiently budget-related to include in the reconciliation process. Legalizing millions of undocumented migrants would have some effect on federal budgets — for example, through more immigration application fees and taxes on legalized immigrants’ earnings. Activists also point to a 2005 reconciliation bill that included different immigration-related provisions. Even so, the parliamentarian may nix these particular measures.

None of this has stopped Republicans from preemptive scaremongering about the “illegal alien” hordes supposedly rushing our “open borders” to seize their “amnesty.”

“Democrats are trying to sneak mass amnesty for millions of illegal immigrants through Congress under the cover of their budget scheme,” warned Rep. Steve Scalise (R-La.).

“The Democrats want to include a massive amnesty in that legislation,” echoed his colleague Sen. Tom Cotton (R-Ark.). “That will simply act as a bigger magnet for more illegal immigration into this country.”

This is nonsense. First and foremost, the population eligible for legalization would likely be restricted to people who’ve already been here for some minimum period of time, rather than those contemplating coming, say, tomorrow. This is how that broader, Biden-backed bill works, and how previous legalization proposals have been structured.

More importantly, though, if these restrictionists are really so concerned about all the immigrants slipping in through the back door, the best solution is a more accessible, clearly monitored front door.

. . . .

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

Well and clearly said, Catherine! You can read her complete op-Ed at the above link. 

The solution to border “surges” has little or nothing to do with walls, jails, and more agents. The prerequisites are reopening the ports of entry, restoring the legal asylum system, staffing it with experts, and expanding other legal immigration opportunities as Catherine cogently suggests!

PWS

07-16-21

🇺🇸🗽⚖️AILA SPEAKS OUT: GARLAND’S UNCONSTITUTIONAL, DYSFUNCTIONAL IMMIGRATION COURTS ARE A ROADBLOCK ON THE WAY TO A MORE WELCOMING AMERICA THAT ENCOMPASSES RACIAL JUSTICE! — Time For Congress To End The Continuing National Embarrassment @ Justice & Create Article I Court!

AILA - Article II
AILA Article I

 

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

Amateur Night
Five months after the election and five weeks after his swearing-in as AG, Judge Garland’s EOIR is worse than ever! And, he has nobody at the DOJ or in Falls Church with the expertise and progressive outlook to fix the mess! If you don’t want to deal with this for the next four years, then it’s time to demand courageous, positive, progressive, due-process, human rights, racial justice oriented change! We voted to end the “clown show,” but it’s still operating as if the election never took place!
PHOTO: Thomas Hawk
Creative Commons

Fed up with “Garland’s Clown Show🤡” @ Justice?

Tell your legislators that you want Article I NOW — with a “short grandfather” and merit-based re-competition of all judicial jobs!

Stop the threat to America’s future emanating from our dysfunctional, biased, anti-immigrant, anti-asylum, anti-due-process, misogynistic Immigration “Courts” still operating under Judge Garland, as designed and staffed by Stephen Miller, Jeff “Gonzo Apocalypto” Sessions, and “Billy the Bigot” Barr to degrade humanity and mock the Constitution!

Courageous, deserving, vulnerable folks like “Ms A-B-“ are still unnecessarily suffering injustice from Garland’s broken system! In fact, because Garland won’t stand up for the legal and due process rights of asylum seekers at our borders, if Ms. A-B- arrived today she would be back in El Salvador tomorrow facing torture, rape, and death after receiving no process whatsoever, let alone due process! NONE! No legal process from a Government supposedly committed to humanity and the rule of law!

Is this what President Biden meant when he pledged to undo the cruelty, racism, and scofflaw abuse of refugees and asylum seekers meted out by Trump, Miller, Wolf, Barr, and Cooch Cooch? If not, why are lives still being lost and futures ruined by this totally outrageous and completely unwarranted behavior? It’s a TODAY issue, not a problem to be shoved over until tomorrow!

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! Enough is enough!

PWS

04-18-21

 

⚖️🧑🏽‍⚖️👨🏻‍⚖️🗽COURT REFORM: GW IMMIGRATION CLINIC STUDENTS WEIGH IN ON ARTICLE I — Emphasize Critical Due Process Need To Entirely Remove AG From Decision-Making Process!

Here’s the letter to Chair Zoe Lofgren of the House Subcommittee on Immigration:

FIJC

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

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

Thanks to Professors Benitez and Vera for the great work for the NDPA that they are doing and the values they are instilling in their students. Just think what due process could look like in the Immigration Courts if all judges, trial and appellate, reflected those same values! 

The concepts are actually very straightforward.

  • The Attorney General is a litigant before the Immigration Court. He or she can insert themselves in the process if they choose, to represent the Government as a litigant.  But, the Attorney General should be treated as any other litigant — at arm’s length.
  • Individuals appearing before the Immigration Court are entitled to a fair and impartial independent adjudicator. As long as the Attorney General exercises control over the selection of judges, evaluates their performance, and can review and arbitrarily change their decisions, on his or her own whim, the system will remain unconstitutional and fundamentally unfair.

Interesting that law students see so clearly, recognize, and can articulate what Federal Judges, all the way up to the Supremes, legislators, and our Attorney General all fail to acknowledge and act upon. Hope for the future! But without better-qualified legislators, judges, and Executive Branch officials, will our justice system survive long enough to get to the future? Not without some very fundamental changes!

Every day, individuals have their constitutional, statutory, and human rights stomped upon, mocked, and abused by the broken Immigration Courts. Sometimes, Circuit Courts intervene to provide some semblance of justice in individual cases; other times they turn a blind eye to injustice and fundamentally unfair decision-making in the totally dysfunctional Immgration Courts.

But, nobody, but nobody, except members of the NDPA appears to be willing to recognize and act on the overall glaring constitutional and operational defects in the current Immigration “Courts” — that don’t resemble “courts” at all. That’s something that should concern and outrage every American committed to racial justice, equal justice for all, fundamental fairness, and constitutional due process!

EOIR and the U.S. Immigration Courts are an ongoing national disgrace — a festering sore upon democracy!🤮 Every day, they inflict unnecessary pain and suffering on those humans being abused by their fundamental unfairness and institutionalized chaos.!

How many ruined human lives ⚰️ and futures ☠️is it going to take for someone in the “power structure” to wake up and take notice!

🇺🇸⚖️🗽Due Process Forever!

PWS

04-05-21

🗽IMMIGRATIONPROF BLOG: FIVE THINGS OMITTED FROM BIDEN’S IMMIGRATION BILL: A Long-Overdue Independent Immigration Court Is One!

 

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

https://lawprofessors.typepad.com/immigration/2021/02/the-five-biggest-omissions-in-massive-biden-immigration-bill.html

Dean Kevin Johnson writes:

The provisions of the U.S. Citizenship Act is getting lots of attention, from the change in alien terminology to a path to legalization for undocumented immigrants and more.  Anna Giaritelli for the Washington Examiner, a self-declared conservative publication, notes five things that the Biden administration’s comprehensive immigration reform bill does not address.  Some of the omissions might bother readers; some might not:

1.    Family and children detention protocols:  The bill does not incorporate the Flores settlement governing the detention of immigrant minors.  The Trump administration tried but failed to abrogate the settlement.

2.    Border wall infrastructure:  No surprise.  The U.S./Mexico border wall, which President Trump championed, is not part of the bill’s enforcement plans.  The Biden administration already had made it clear that construction of the wall was not a priority of his administration.

3.    Decriminalization of illegal entry into the United States:  This was an issue in the 2020 Democratic presidential primaries.  Representative Julian Castro called for the repeal 8 U.S.C. § 1325, which criminalizes unlawful entry into the country.

4.    Immigration courts: The immigration bill calls for an additional 220 immigration judges but fails to make major improvements in the immigration court system, such as increasing their independence, neutrality, and professionalism of the corps of immigration judges. The American Bar Association has declared that the immigration court system is “on the brink of collapse.

5. No end to private-run detention facilities:  Immigrant rights advocates have called for the end of private (for profit) immigrant detention.  President Biden has ended private prisons for inmates.

KJ

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

As I have previously mentioned, I expect a “stand alone” Article I Bill 🧑🏽‍⚖️ to be introduced in the House shortly.  It could be combined with the Immigration Court improvements in the Biden Bill.  

We need to keep the pressure on until Article I happens!

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever!

PWS

02-24-21

DEMS INTRODUCE BIDEN’S COMPREHENSIVE IMMIGRATION BILL — “U.S. CITIZENSHIP ACT OF 2021” — Lots Of Good Ideas, But Likely DOA In Narrowly Divided Congress! — Judge Garland Must Begin Immigration Court Reforms NOW!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN, PHOTO: CNN.com
Lauren Fox
Lauren Fox
White House Correspondent, CNN News
PHOTO: CNN.com

https://apple.news/AATkWfagCTF2iNQGfw6dDOA

White House announces sweeping immigration bill

Priscilla Alvarez and Lauren Fox, CNN

5:00 AM EST February 18, 2021

The White House announced a sweeping immigration bill Thursday that would create an eight-year path to citizenship for millions of immigrants already in the country and provide a faster track for undocumented immigrants brought to the US as children.

The legislation faces an uphill climb in a narrowly divided Congress, where House Speaker Nancy Pelosi has just a five-vote margin and Senate Democrats do not have the 60 Democratic votes needed to pass the measure with just their party’s support.

Administration officials argued Wednesday evening that the legislation was an attempt by President Joe Biden to restart a conversation on overhauling the US immigration system and said he remained open to negotiating.

“He was in the Senate for 36 years, and he is the first to tell you the legislative process can look different on the other end than where it starts,” one administration official said in a call with reporters, adding that Biden would be “willing to work with Congress.”

The effort comes as there are multiple standalone bills in Congress aimed at revising smaller pieces of the country’s immigration system. Sens. Lindsey Graham, a Republican from South Carolina, and Majority Whip Dick Durbin, a Democrat from Illinois, for example, have reintroduced their DREAM Act, which would provide a path to citizenship for immigrants who came to the country illegally as children.

Administration officials said the best path forward and plans either to pass one bill or break it into multiple pieces would be up to Congress.

“There’s things that I would deal by itself, but not at the expense of saying, ‘I’m never going to do the other.’ There is a reasonable path to citizenship,” Biden said at a CNN town hall in Milwaukee on Tuesday.

“The President is committed to working with Congress to engage in conversations about the best way forward,” one administration official said.

Officials did not say if they believed that the reconciliation process, a special budget tool that applies only to a specific subset of legislation and allows the Senate to pass bills with a simple majority, would be applicable for an immigration bill. “Too early to speculate about it right now,” one official said.

The Senate is working on passing the President’s coronavirus relief legislation through reconciliation. The expectation is that the administration could also use the process to pass an infrastructure bill.

Biden’s immigration bill will be introduced by Democrats Bob Menendez of New Jersey in the Senate and Linda Sanchez of California in the House.

Here’s what the bill, titled the US Citizenship Act of 2021, includes:

. . . .

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

Read the rest of Priscilla’s & Lauren’s analysis at the link.

The White House “Fact Sheet” on the legislation is also available at the link at the end of the above excerpt.

Here’s what that summary says about the U.S. Immigration Courts:

  • Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children.

  • Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops.

Unfortunately, the bill does not contain the most important legislative solution: An Article I  Immigration Court. Nevertheless, a separate Article I bill will be introduced in the House soon. Since the “USCA of 2021” is largely a “talking draft” anyway, there is no reason why Article I couldn’t be combined with the other changes in the bill.

While attention to improving the Immigration Courts is welcome and long overdue, I think this proposal actually misses the major point: What’s needed right now isn’t necessarily more Immigration Judges; it’s better Immigration Judges, starting, but not ending, with a replacement of the current dysfunctional Board of Immigration Appeals. Only with the improvements in the administrative case law, docket management, and “best practices” that better EOIR judges would bring could we really tell whether more judges are actually necessary.

Right now, throwing more bodies into the ungodly mess at EOIR would only create confusion and aggravate existing problems. And, while the proposal correctly spotlights woeful inadequacies in IJ training and professional development, those alone will not be enough to restore due process to a system wracked by decades of bad judicial selection practices that basically have excluded the “best and brightest” immigration experts from the private sector, those with actual experience representing individuals in Immigration Court, from the “21st Century Immigration Judiciary.”

The good news: Judge Garland won’t need legislation to get this system back on track by:

  • Immediately replacing the current BIA with judges who are renowned experts in immigration, human rights, and due process, with special attention to those with actual experience representing asylum seekers;
  • Vacating all of the improper Sessions and Barr precedents, and letting the “new BIA” straighten out the law and implement best practices, including holding IJs who are members of the “Asylum Deniers Club” accountable;
  • Implementing efficient merit-based judicial hiring practices which would involve public input and actively recruit from communities now underrepresented in the Immigration Judiciary;
  • Eventually re-competing all Immigration Judge jobs under these merit criteria, again with public input on the performance of current judges part of the process;
  • Replacing all of EOIR’s incompetent upper “management” with competent professional judicial administrators;
  • Examining the justification and “bang for the buck” in EOIR’s bloated, yet highly ineffective, headquarters operation in Falls Church with an eye toward maximizing support for the local Immigration Courts and minimizing counterproductive and politicized micromanagement and interference with the operation of local courts;
  • Making peace and working with the National Association of Immigration Judges (“NAIJ”), which is much more “on top of” the real problems in the Immigration Courts than often clueless EOIR “management” in Falls Church;
  • Instituting e-filing and other long overdue 21st Century judicial administration practices in the Immigration Courts;
  • Working cooperatively with the private bar, NGOs, ICE, and local IJs to maximize representation and improve docketing and scheduling practices.

Judge Garland has the authority to make all the foregoing changes, which will immediately improve the delivery of justice at the critical “retail level” of our justice system and make the achievement of racial justice and equal justice for all more than just “pipe dreams.” Immigrant justice is essential for racial justice!

The only question is whether Judge Garland will actually do what’s necessary. If not, he can expect some “aggressive pushback” from those of us who are fed up with the “EOIR Clown Show” 🤡🦹🏿‍♂️☠️ and its daily mockery of American justice!

🇺🇸🗽⚖️👨🏻‍⚖️🧑🏽‍⚖️👩‍⚖️Due Process Forever!

PWS

02-18-21

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

UPDATE: Here’s the text of the bill:

2021.02.18 US Citizenship Act Bill Text – SIGNED

PWS

02-18-21

 

 

BIDEN ADMINISTRATION PLANS LEGISLATIVE LAUNCH SHORTLY — Goal Is “Progress” 

https://www.nbcnews.com/politics/immigration/biden-hill-democrats-plan-unveil-immigration-reform-bill-week-n1257960

NBC News reports:

Feb. 15, 2021, 7:40 PM EST

By Geoff Bennett, Julia Ainsley and Jacob Soboroff

The Biden administration and Hill Democrats are expected later this week to release an immigration reform bill, multiple sources familiar with the planning tell NBC News.

The legislative text of the “U.S. Citizenship Act of 2021” will reflect the immigration priorities that President Joe Biden unveiled on his first day in office. His proposal includes an earned pathway to citizenship for 11 million undocumented immigrants, expands the refugee resettlement program and deploys more technology to the Southern border. There are additional protections that are being considered in the legislation, such as asylum processing in home countries for minors, expanded benefits for DREAMers and ending the public charge rule.

While previous attempts at massive immigration reform have failed under both Republican and Democratic administrations, the Biden White House has signaled support for breaking the legislation into pieces.

As a potential secondary path, lawmakers would work to pass bills legalizing farmworkers and Dreamers right away, and then move toward a more expansive overhaul. The main objective, officials and advocates say, is progress.

. . . .

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

Sounds like modest expectations. But, any meaningful immigration legislation would be a major achievement that has eluded the last two Administrations.

Unfortunately, based on the the GOP’s impeachment performance, it’s hard to see 60 votes for any substantive legislation in the Senate. 

PWS

02-17-21

🇺🇸🗽👍🏼😎MAKING AMERICA BETTER, FINALLY: “Mr. Biden has laid out an immigration program that would genuinely put America first.” (WashPost) — No Wonder GOP Anti-American White Nationalists Like Tom Cotton Are Apoplectic & Spouting Their Racist, White Elitist Nonsense!

🇺🇸🗽⚖️

https://www.washingtonpost.com/opinions/bidens-bold-immigration-plan-would-really-put-america-first/2021/01/21/4efa3f42-5a98-11eb-a976-bad6431e03e2_story.html

From WashPost:

Opinion by the Editorial Board

January 21 at 1:57 PM ET

PRESIDENT BIDEN has served notice that his ambitious immigration plan is in the first rank of his priorities. Some of his program will be immediately implementable; some may get bogged down in Congress, where many Republicans will regard it as an occasion to brandish the word “amnesty,” red meat for their bases. No matter. Mr. Biden’s plan is in keeping with the United States’ best traditions. It responds to the challenge of population stagnation. It would reverse his predecessor’s extravagantly cruel policies. And it is now clear that when it comes to immigration, Mr. Biden is all in.

That courageous stance was not necessarily expected or politically expedient. Unity was the new president’s campaign theme and inaugural touchstone, yet few issues are as divisive as immigration. His evident readiness to tap his modest reserves of political capital for a slugfest on immigration is a signal that the United States has returned to its roots as a beacon for refugees and a humanitarian role model among nations.

The plan is also smart. The U.S. population growth rate in the just-ended decade was the lowest since the first national census in 1790, according to the Brookings Institution — lower even than during the Great Depression of the 1930s. The number of Americans below the age of 18 actually shrank in the 2010s, by more than 1 million.

That stagnation, the product of an aging population and historically low fertility rates, cannot be reversed by immigration alone. But it will certainly be exacerbated, and has been in the past four years, by a policy hostile to newcomers. In President Donald Trump’s penultimate year in office, annual net immigration fell below 600,000, the lowest level in decades; it was more than 1 million in the final years of the Obama presidency.

What’s more, by proposing an eight-year path to citizenship for most of the nation’s 11 million unauthorized migrants — the centerpiece of his plan — Mr. Biden is attempting to align law and reality. By 2029, when they would be eligible for citizenship, most will have been in the United States for more than a quarter-century. At least 4 million are essential workers in construction, food processing, groceries, restaurants, agriculture and transportation — doing jobs critical to practically every American.

Mr. Biden is moving quickly where he can — fully reinstating the Obama-era program providing work permits and deportation protection for “dreamers,” young migrants brought to this country by their parents; rescinding Mr. Trump’s 2017 travel ban from majority-Muslim countries; halting construction of the southern border wall; and reining in the Trump administration’s aggressive deportation policies. He has also signaled he will increase annual refugee admissions, which Mr. Trump poleaxed, and scrap a Trump administration rule that denies green cards to immigrants deemed likely to use public benefits such as food stamps.

Other measures will require congressional action. Under legislation Mr. Biden is sending to Congress, green cards conferring legal permanent residency would be granted to dreamers as well as to immigrants from strife- and disaster-wracked nations who have been here for years.

The president is also pushing tougher border security — in recognition that the new administration is not inviting a wave of new migrants, still less amid a pandemic — though not as a precondition for his immigration reforms. His more impactful, long-term strategy to dissuade new waves of illegal immigrants is a concerted aid effort to boost economies and contain crime in Central America.

Mr. Biden has laid out an immigration program that would genuinely put America first.

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

The GOP White Nationalists/Nativists/White Supremacists are shaking in their cowardly boots. Why? 

Because in a diverse meritocracy with equal justice for all and government in the true national interest they would lose their corrupt advantages and disproportionate power over the lives and the future of the majority of Americans who don’t share their repulsive, racist views and did not support their traitor insurrectionist Fuhrer in his attempt to undermine democracy, disenfranchise voters (targeting disproportionately legitimate voters of color for disenfranchisement, while shrugging off the actions, antics, and influence of “magamoron” Q-Anon crazies, conspiracy theorists, and other fringe haters that he and his party relied upon to maintain power), and take over our government by force! 

Four things that the GOP fears above all else: 1) democracy, 2) accountability, 3) equality, 4) truth!

🇺🇸⚖️🗽👍🏼Due Process Forever!

PWS

01-22-21