🤐LIPS SEWN SHUT – DESPERATE ASYLUM SEEKERS HELD IN MEXICO PROTEST BIDEN’S BOGUS BORDER POLICIES ☠️

Lips sewn Shut
Lips Sewn Shut
Public Realm  — Biden’s continuation of Trump’s cruel and illegal abrogation of asylum laws at the border, inappropriately defended by Garland’s DOJ, drives desperate people to do desperate things.

 

 

 

 

https://www.vox.com/policy-and-politics/2022/2/17/22937405/migrant-sew-lips-tapachula-mexico-us-border

Nicole Narea reports for Vox News:

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com — Her clear and cogent analysis stands in sharp contrast to the Biden Administration’s often muddled, incoherent, and self-contradictory policies on human rights and racial justice on America.

Migrants stranded in southern Mexico because of US and Mexican border policies are taking increasingly drastic measures to draw attention to their plight. On Tuesday, a dozen migrants staged a protest in which they sewed their lips together and went on a hunger strike.

They are among the thousands staying in what has become known as an “open-air prison” in the city of Tapachula on Mexico’s southern border with Guatemala. Migrants there have struggled to access food and shelter, and have reported being preyed on by government officials.

Facing pressure to find ways to limit the number of migrants requesting entry to the United States, Mexican immigration authorities will not permit the migrants to leave the city unless they have some form of legal immigration status allowing them to move freely through the country, such as asylum. Hundreds tried to escape last month, but were intercepted and detained by Mexican immigration authorities.

. . . .

The US could share the load by resuming processing of migrants at its own borders and allowing them to pursue claims to humanitarian protection, as is their legal right. Instead, it has offloaded its immigration responsibilities onto its neighbor.

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

As usual, Nicole provides timely, astute, accessible analysis of complex problems. I highly recommend her complete article at the link above.

The Attorney General is supposed to stand up for the rule of law, human rights, and to “just say no” to defending illegal and improper policies. As many of us pointed out during the scofflaw tenures of Sessions and Barr, the AG’s fealty is supposed to be to the Constitution and the laws of the United States, which include treaties that we have ratified and incorporated into our laws. As human rights and legal rights continue to be ignored, deflected, and degraded at our borders and in Immigration “Courts” that don’t operate as “courts” at all in any commonly understood meaning of the term, where is Garland?

🇺🇸Due Process Forever!

PWS

02-18-22

🤮DO AS I SAY, NOT AS I DO: BIDEN CLAIMS TO BE A STRONG ADVOCATE FOR RACIAL JUSTICE — BUT, HIS POLICIES SAY OTHERWISE: Biden Administration Continues One Of America’s Longest-Standing Racial Traditions: Shafting Haitian Asylum Seekers! — Nicole Narea Reports For Vox News!

Biden’s immigration polices leave Haitians stranded in Mexico

Friday, January 21, 2022

By Immigration Prof

Nicole Narea of Voxreports that the U.S. has deported nearly 14,000 Haitians to Mexico since September, according to data released by UN’s International Organization for Migration. In 2021, Mexico received more than 131,ooo asylum applications, of which an estimated 45% were Haitians and their Chilean-born children. Haitians in Mexico “face pervasive racism, and many are unable to work, have no access to medical care, and are targets for criminals,” Narea writes.

Mexico is seeing an uptick in Haitian asylum applicants.

The Biden administration continues to enforce pandemic-related border restrictions that have kept out the vast majority of asylum seekers, including Haitians.

KJ

 

Current Affairs | Permalink

Comments

Post a comment

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

This disingenuous action by the Administration comes at a rather inopportune time, just as they are “getting heat” for failing to deliver on promises to Black voters. Additionally, the latest Pew Study shows that immigrants now make ump 10% of the U.S. Black population and that they are “more than holding their own” in terms of education and economic contributions.

https://www.pewresearch.org/race-ethnicity/2022/01/20/one-in-ten-black-people-living-in-the-u-s-are-immigrants/

Looks like many of the “immigrants we need” (and who also need us), according to Suzanne Clark of the U.S. Chamber of Commerce, have mindlessly been dumped in Mexico at great human and fiscal cost that actually results in a “negative achievement.” (That’s notwithstanding the White Nationalist myths perpetrated by the 5th Circuit and GOP AGs and not always effectively opposed by the Biden Administration. How do you purport to end “Remain in Mexico” while denying asylum seekers any right to seek refuge at the border? Not very effectively, it appears!)

🇺🇸Due Process Forever!

PWS

01-22-22

THE EVER-AMAZING NICOLE NAREA @ VOX “GETS IT” — Too Bad The Folks Running Immigration Policy Don’t! — “Knowledge about US deportation and detention policy didn’t have any significant effect on their intentions to migrate. . . . it made them more likely to think outcomes and legal procedures in the American immigration system are unfair.” 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://www.vox.com/policy-and-politics/22451177/biden-border-immigration-enforcement-detention-deportation

Nicole writes @ Vox News: 

President Joe Biden has taken some steps toward reversing his predecessor’s legacy of broad, indiscriminate immigration enforcement, including a recent announcement that it will no longer detain immigrants at two locations under scrutiny for alleged abuses.

But Republicans are adamant that increased immigration enforcement be a prerequisite to any broader immigration reform.

“There’ll be no immigration reform until you get control of the border,” Sen. Lindsey Graham (R-SC) told Roll Call last month.

There are now nearly 40 percent more people in immigration detention compared to when Biden first took office, and his administration is continuing to turn away most migrants arriving on the border under pandemic-related restrictions put in place by his predecessor, President Donald Trump, which have led to the expulsions of more than 350,000 people this year alone.

But research shows that the threat of detention and deportation in the US doesn’t dissuade migrants from making the journey to the southern border, especially if they are victims of violence and may be seeking to escape the “devil they know” in their home countries.

“Managing migration at the border, particularly the kind of migration we’re seeing now, from a strictly deterrence, enforcement lens is just not sustainable in the long run and is not having the impact that people think it should have,” Theresa Cardinal Brown, managing director of immigration and cross-border policy at the Bipartisan Policy Center, said. “That’s why we need to rethink our paradigm for how we talk about migration and everything that we do at the border.”

. . . .

Knowledge of US immigration detention, however, did have an unintended effect on survey takers in Ryo’s experiment — it made them more likely to think outcomes and legal procedures in the American immigration system are unfair. That is worrisome, given that perceptions of fairness are significant predictors of people’s willingness to obey the law and cooperate with legal authorities, Ryo said.

“We really ought to be concerned about the extent to which generating these kinds of perceptions of unfairness can backfire in terms of more people disregarding our laws and undertaking that dangerous journey in order to get to our border and try to cross it,” she added.

. . . .

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

First, let me congratulate Nicole on her spectacularly high level reporting and mastery of the English language: Clear, accessible, well-organized, informative, persuasive. Compare Nicole’s prose with the vapid, often misleading nonsense and gibberish spouted by legislators, government officials, bureaucrats, and right wing White Nationalist shills of all types. Just yesterday, Trump and his pathetic “wannabe” Greg Abbott were down at the border spouting their unadulterated, fact-free, racist  blather and restrictionist nonsense (when Trump wasn’t rambling on incoherently about the “Big Lie” or himself). I encourage everyone to read Nicole’s full article at the link! 

“Enforcement only doesn’t work” has been one of the key “themes” of Courtside since “Day 1.” The answer has also been clear — due process, fundamental fairness, racial equity, practical scholarship leading to durable solutions. 

The converse of “enforcement only doesn’t work” is also true:  A more realistic, more generous legal immigration system that advances due process and equality while taking advantage of “market factors” that attract and drive migration would also lead to more efficient and effective enforcement. Many, perhaps the majority, of those we are now wasting time and money on cruel and ultimately futile attempts to detain, deter, and remove would actually be a huge benefit to our nation if they were allowed to migrate legally on either a permanent or temporary basis.  

I’ve been saying for a long time now that convincing folks that our legal system is basically bogus — falsely promising a fairness and dignified treatment we aren’t delivering — merely serves to drive migrants to enter the “extralegal” or “black market” system that helps support our economy. The real “beneficiaries” of “mindless immigration enforcement” and a dysfunctional legal system are smugglers, cartels, and exploitative employers. Also, obviously, corrupt GOP politicos benefit from having a permanent, disenfranchised, traumatized, largely non-White “black market labor pool” to prop up their economy while serving as an easy target to “whip up” their racist base. 

Bad policies, driven by ignorance, myths, bias, cowardice, and racism will continue to produce lousy results — for the migrants and for our nation. Smarter, more courageous, more intellectually honest legislators and public officials are necessary. Whether voters will be wise enough to elect them remains to be seen.

🇺🇸Due Process Forever!

PWS

07-01-21

 

☹️MEDIA SHOULD STOP GIVING GOP TOTALLY UNWARRANTED “FREE PASS” ON “BORDER BS!” — “The situation under former president Donald Trump was substantially worse from a humanitarian and a pragmatic governing perspective: worse for the migrants, worse for the rule of law and worse for our country.” — Greg Sargent @ WashPost sets the record straight!

 

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

https://apple.news/Axz03Bes6T3ODoCivCDQ96g

Republicans are convinced that attacking President Biden’s border policies will win them the midterms. House Minority Leader Kevin McCarthy (R-Calif.) has gleefully labeled the situation there “Biden’s border crisis.”

In this, Republicans are benefiting from a media debate that has gone off the rails.

There’s a huge hole in this GOP attack, but it’s rarely described clearly in news reports and commentary. You can read endless headlines warning of a “crisis.” But even if that’s so, a crisis relative to what, exactly ?

What’s missing is a serious comparison with the pre-Biden status quo. It’s as if the current situation exists in a vacuum: Before there was no crisis, and now there’s a crisis .

That’s absurd. The situation under former president Donald Trump was substantially worse from a humanitarian and a pragmatic governing perspective: worse for the migrants, worse for the rule of law and worse for our country.

Biden is cleaning up Trump’s mess

It’s true that child and teenage migrants are overwhelming our facilities.

Because they can’t get released alone, they must be held at Border Patrol facilities for 72 hours before getting transferred to the Office of Refugee Resettlement, which places them with relatives or guardians. The ORR facilities are jammed, backlogging border facilities.

This is a terrible situation. But it’s happening in large part because Biden is undoing a Trump policy that should be undone.

Due to covid-19, the previous administration turned away most asylum seekers — without hearings — under a legal provision allowing a temporary block on noncitizens from entering to protect public health.

Biden is no longer applying this provision to unaccompanied children and teenagers (while keeping it for adults), helping fuel child backlogs. But that’s a move in the right direction, both from a humanitarian and rule-of-law perspective.

Coronavirus will be tamed before long, and we have a legal obligation to allow migrants to exercise their right to seek asylum. And as David Bier notes, that provision is not for controlling migrant flows outside a genuine public health rationale. If anything, expelling adults abuses it.

So continuing to use this tool is not a tenable long-term solution to the humanitarian problem, and it’s not in keeping with the rule of law. That requires letting in the kids, and we will have to allow more adults to apply for asylum. The question is how we manage it.

. . . .

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

Read Greg’s full op-ed at the link.

I understand why Fox News, Breitbart, and the rest of the “truth averse” right wing media shills promote the GOP’s racist, xenophobic “border crisis” myths.

What I don’t get is why the so-called “mainstream media” doesn’t do its homework on the real situation on the border and the Trump-created mess facing Biden in restoring some sense of order and lawful behavior to an intentionally broken and dysfunctional system. 

A few journalists like Greg, his WashPost colleague Arelis Hernandez, Cindy Carcamo (LA Times), Nicole Narea (Vox News), and Priscilla Alvarez (CNN), to name some, have taken the time to get it right (or close to right). But, far too many reporters who should know better just repeat the Abbott, McCarthy, GOP disingenuous nonsense without critical analysis or pushback. 

And, what’s sorely missing is the perspective of those at the heart of this situation: the kids and families faced with such a desperate situation in their home countries that they are willing to seek mercy and refuge in a country that proudly advertises its lack of respect for their humanity, our own laws, and international norms that are supposed to insure fair and humane treatment. 

They aren’t numbers, stats, bar graphs, and trend lines — they are human beings. They assert rights to apply for refuge under international norms that the U.S. has written into laws –  laws we have unilaterally decided not to follow.

The overwhelming majority seek not to “evade” authorities, but to turn themselves in to our legal system: A system that functionally no longer exists at our Southern Border thanks to Trump and, to some extent, the Supremes. This is neither a “law enforcement” nor a “national security” crisis — it’s a fundamental breakdown in our legal system and a betrayal of humane values. 

That’s the real problem here. It originated long before the Biden Administration. To date, no GOP  politico has offered any type of constructive solution. And, too few journalists have held the GOP nativists accountable for their racist-inspired lies, misrepresentations, myths, and lack of any semblance of constructive proposals for rational, lawful, governance — real solutions for problems aggravated by their own toxic, inhumane, and often illegal policies!

🇺🇸⚖️🗽Due Process Forever!

PWS

03-17-21

LEARNING FROM THE PAST: Biden Learned From Mistakes, “Hit The Ground Running” On Smart, Sane Immigration Policy — The Amazing Nicole Narea @ Vox Tells Us How, & What The Advocacy Community’s Hopes Are For A Better Future!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/AivKVpAYJRlyoSowbSQHT6g

In his first days in office, President Joe Biden has made immigration a key priority for his administration, seeking to distinguish himself from another “deporter in chief,” as activists once called President Barack Obama.

He has issued a series of executive actions aimed at dismantling the Trump administration’s nativist legacy, unveiled an ambitious legislative proposal for immigration reform, begun to roll back a program that has left asylum seekers trapped in Mexico, and sought to enact a 100-day pause on deportations.

On Tuesday, he issued another three executive orders that create a task force to reunite families separated under President Donald Trump and implement measures to remove obstacles to noncitizens seeking to naturalize, enter the US on visas, and obtain asylum or other humanitarian protections. White House press secretary Jen Psaki said to expect additional announcements, including an expansion of the US refugee program, going forward.

For immigrant communities, those changes can’t come soon enough. Democrats have long promised to create a more just immigration system, and Biden’s initial actions have built confidence among some immigrant advocates that he intends to finally deliver, though they wish he would act even more quickly on behalf of people whose lives are hanging in the balance.

The task before Biden is immense. Immigrant communities expect him not just to revert to the Obama-era approach to immigration enforcement, which involved record deportations and an expansion of family detention, but to improve on it. And while Obama failed to pass comprehensive immigration reform or even a narrow bill offering legal protections to “DREAMers” who came to the US without authorization as children, activists see immigration reform as an imperative and are counting on Biden to pass it by whatever means possible.

Though Biden has largely stood by his record as vice president, he has acknowledged that the Obama administration stumbled on immigration, particularly with regard to mass deportations.

“We took far too long to get it right,” Biden told Univision last February. “I think it was a big mistake.”

Since Obama was in office, the public has become more favorable to immigration, in part as a reaction to the shock-and-awe tactics behind the Trump administration’s high-profile travel ban and family separation policies. The Democratic Party is also more unified on immigration, a topic they once regarded as politically radioactive.

. . . .

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

Get the rest of Nicole’s outstanding and highly readable analysis at the link!

As she points out, a major challenge for the Biden-Harris team, Secretary Mayorkas, and incoming AG Garland will be dealing with a totally dysfunctional immigration bureaucracy at DHS and DOJ that often eagerly engaged in and helped promote “crimes against humanity” and unconstitutional dehumanization of migrants under the bogus claim to be “upholding the rule of law.” What absolute poppycock! 

⚖️🗽🇺🇸Due Process Forever!

PWS

02-05-21

😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?

DARKNESS ON THE EDGE OF TOWN pastedGraphic.png

Album version

Music & Lyrics by Bruce Springsteen

Well, they’re still racing out at the Trestles

But that blood it never burned in her veins

Now I hear she’s got a house up in Fairview

And a style she’s trying to maintain

Well, if she wants to see me

You can tell her that I’m easily found

Tell her there’s a spot out ‘neath Abram’s Bridge

And tell her there’s a darkness on the edge of town

There’s a darkness on the edge of town

Well, everybody’s got a secret, Sonny

Something that they just can’t face

Some folks spend their whole lives trying to keep it

They carry it with them every step that they take

Till some day they just cut it loose

Cut it loose or let it drag ’em down

Where no one asks any questions

Or looks too long in your face

In the darkness on the edge of town

In the darkness on the edge of town

Well, now some folks are born into a good life

And other folks get it anyway anyhow

Well, I lost my money and I lost my wife

Them things don’t seem to matter much to me now

Tonight I’ll be on that hill ’cause I can’t stop

I’ll be on that hill with everything I’ve got

Well, lives on the line where dreams are found and lost

I’ll be there on time and I’ll pay the cost

For wanting things that can only be found

In the darkness on the edge of town

In the darkness on the edge of town

——— Source: springsteenlyrics.com, click here for music: https://www.springsteenlyrics.com/lyrics.php?song=darknessontheedgeoftown

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/AyEIE9zXYSTeZ-TvO2TLZAQ

Nicole writes at Vox:

. . . .

As he seeks a second term, [Trump has] also made it clear that he hasn’t finished. He still wants to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program once and for all, drive out the millions of unauthorized immigrants living in the US and curb their political power, enact what he calls “merit-based” immigration reform, and pursue a slew of restrictive immigration regulations.

The US has already seen the harms of Trump’s first-term immigration policies, which could cut deeper if he’s given another four years: Legal immigration is plummeting, stymying growth in the labor force and threatening the US’s ability to attract global talent and recover from the coronavirus-induced recession. The US has abdicated its role as a model for how a powerful country should support the world’s most vulnerable people. And the millions of immigrants already living in the US, regardless of their legal status, have been left uncertain of their fate in the country they have come to call home.

Other concerns — including the coronavirus, racial justice, and unemployment — have recently eclipsed immigration as a top motivating issue for voters. But for Trump, who currently lags former Vice President Joe Biden in the polls, restricting immigration proved a winning message in 2016, and he will likely try to replicate that strategy again.

“It’s the thing he keeps going back to,” Douglas Rivlin, director of communication at the immigrant advocacy group America’s Voice, said. “It is his comfort zone — to go after people of color and turn them into sort of the specter of scary, violent people as a political strategy.”

. . . .

Whether any version of that proposal will get traction would largely depend on the makeup of the next Congress and whether Democrats win a majority in the Senate. Most immigration policy experts aren’t convinced that Trump will see success in negotiating with Democrats, but the political calculus could change if Democrats control both chambers of Congress and need Trump to sign their legislation.

It also depends on Republicans acting as a unified front on immigration. So far, pro-business Republicans aren’t challenging the restrictions and travel bans Trump has imposed during the pandemic, and as the US continues to grapple with its worst economic crisis since the Great Depression and more than a million Americans are out of work, they will likely continue to follow the president’s lead. But in the long term, they might find themselves at philosophical odds with the anti-immigrant wing of the party.

“I think the reality of the economics of immigration and the sort of more ideological agenda are going to come into conflict,” Rivlin said.

But if Trump can overcome those hurdles, the prize would be substantial: the ability the leave his mark on the immigration system beyond a series of executive actions that could be reversed by the next Democrat who assumes office.

“Merit-based immigration reform would be a legacy for him on immigration, more so than a border wall,” the Bipartisan Policy Institute’s Cardinal-Brown said. “That would have impacts on the future of immigration for decades.”

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

Read the rest of Nicole’s gloomy yet (as always) well-written outlook at the link.

Don’t be fooled. In “Trumpspeak” the term “merit-based” means “race-based” (favoring, of course, White guys, preferably rich, English speaking, and prospective GOP toadies). Again, to state the obvious, a “kakistocracy” by definition lacks the ability to recognize and reward true “merit.” That’s why it’s a “kakistocracy,” not a “meritocracy!”

America is a nation of immigrants. To change that, Trump will have to destroy America, which, as this week’s “clown show of hate, fear, loathing, and complete nonsense” (a/k/a “The GOP Convention”) shows, he and his followers are perfectly willing to do. 

This perverted “vision” of America also ties in well with the Trump/GOP approach to racism and social justice: Ignore injustice and double down on violence administered by the largely White power structure against communities of color. Kill, maim, blame, punish, jail, intimidate, disenfranchise, and dehumanize the victims rather than looking for cooperative ways to solve the problems. Sow fear, hate, and division to insure that institutionalized racism and White grievance will be indelibly ingrained in America! As these self-inflicted grievances play out, the Trump family and its cronies will use the ensuing chaos as a diversion to loot the Treasury and use what remains of “government” to further their own personal interests, without regard to the common welfare. Nice folks!

It’s doubtful that America as the majority of us have envisioned it can survive another four years of Trump’s corruption, racism, and malicious incompetence. Despite some liberal wishful thinking, our democratic institutions and apparently overrated “checks and balances” are crumbling before our eyes. 

The “JR Five” on the Supremes and the GOP Senate already have reached “Penceian levels” (“Pence” rhymes with “incompetence”) of mindless sycophantic subservience to the “Clown Prince” and his entourage. None of them would be able to extract their collective heads from the more than ample Presidential rear to see any daylight during a second term. Trump’s re-election would inevitably convert the “City on The Hill” to a “wealthy universally despised third world kleptocracy.” That’s the real “vision” of Trump and the GOP. (I think that Nicole’s “hypothetical” of a Trump victory and a Dem Senate is the “least likely scenario.”)

This November, vote like your life and the world’s future depend on it! Because they do!

Equal Justice & A Diverse America For All! Trump’s Dark, Evil, Dishonest Vision Of America, Never!

PWS

08-27-20

LAW YOU CAN UNDERSTAND: Forget The 55 Pages of Butt-Covering BS & Turgid Legal Gobbledegook 🤮 From 7 Supremes Who Don’t Believe in Constitutional Due Process or Racial Equality in America 🏴‍☠️☠️  — Nicole Narea @ Vox Explains in A Few Cogent Paragraphs How 7 Tone-Deaf & Complicit Justices Have Put All Americans of Color Directly in The Crosshairs of Trump’s DHS Enforcement👎🏻!

 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A-z_VER0yTe–4NlleNgc9g

Nicole writes:

The Supreme Court just issued a ruling with sweeping, immediate implications for the immigration enforcement system, potentially allowing the Trump administration to move forward in deporting tens of thousands of immigrants living in the US with little oversight.

The case, Department of Homeland Security v. Thuraissigiam, concerns immigration officials’ authority to quickly deport migrants who don’t express fear of returning to their home countries, which would make them eligible for asylum. The process, first enacted in 1996 and known as “expedited removal,” takes weeks, rather than the typical years it can take to resolve a full deportation case, and does not involve a hearing before an immigration judge or offer immigrants the right to a lawyer.

In a 7-2 decision, the justices found Thursday that newly arrived immigrants don’t have the right to challenge their expedited removal in federal court, which advocates claim is a necessary check on immigration officials to ensure that migrants with credible asylum claims aren’t erroneously turned away and have access to a full and fair hearing.

Until recently, only a small number of immigrants who had recently arrived in the US could be subjected to expedited removal. But President Donald Trump has sought to vastly expand US Immigration and Customs Enforcement’s power to use expedited removal as a means of deporting any immigrant who has lived in the US for up to two years, potentially affecting an estimated 20,000 people.

Thursday’s decision therefore allows Trump to significantly scale up his immigration enforcement apparatus while going largely unchecked.

“Trump has made it very clear that ICE has the authority to use this process throughout the entire country,” Kari Hong, a professor at Boston College Law School, said. “They could start stopping anyone at anytime on any suspicion that they have committed an immigration violation and deport them. I don’t think it’s unreasonable [to predict] that ICE agents will target dark-skinned individuals.”

. . . .

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

Read the rest of Nicole’s clear and understandable analysis at the link.

Writing ability, intellectual honesty, commitment to Due Process, belief in equal justice for all, opposition to institutional racism, and fidelity to human values, as well as “real life” understanding of what it means to have your life and human dignity ground to mush in Trump’s illegal “deportation machine” obviously are in short supply among today’s Supremes. Disgraceful!

So, according to these seven cloistered dudes, somebody on trial for her or his life, the highest possible stakes in any proceeding in America, civil or criminal, can have her or his fate determined by Trump employees who serve as policeman, prosecutor, judge, jury, and executioner. No access to a “fair and impartial decision-maker” as required by the Constitution. No checks for errors, abuses, or mistakes that could result in a vulnerable individual being sent to face persecution, torture, and/or death in a land they fled because their life was in danger. This notwithstanding that Federal Courts find egregious errors in application of basic legal concepts from Trump’s immigration adjudicators almost every day! This is “due process” because Congress said it was! What complete deadly nonsense and sophistry! Really, how do the purveyors and enablers of such atrocious, disingenuous, and illegal attacks on humanity sleep at night.

Let’s be clear. There is no legitimate purpose in a supposedly independent, life-tenured judiciary without the courage to hold both the Executive and the Congress accountable for equal justice under law as required by our Constitution. If they are going to act like Border Patrol Agents in robes, send them down to the border and let them be part of the killing fields. Got innocent blood on your hands, might as well have it on your robes too! 

The formula is very simple: Better Executive + Better Legislators + Better Judges = Equal Justice For All. The exceptionally poor performance of the Supremes in insuring racial justice in America, indeed their intentional undermining of it in voting rights, civil rights, immigration, and other areas, is a major contributor to the continuing institutional racism that is on the verge of ripping our nation apart. The Supreme’s latest abrogation of the Constitution stokes racial injustice in America and endangers our nation’s security and future.

How many Hispanic American citizens will be illegally “expeditiously removed” to Mexico by DHS Enforcement before the nation wakes up! We need better judges! Judges who will stop intentionally ignoring the clear constitutional requirements for Due Process, Equal Justice, and ending institutionalized racism in America. Judges who will not feign ignorance of the grotesque human suffering they wrongfully enable. Judges who will stand up for the rule of  law against an overtly racist Executive. Judges who will stop enabling, participating in, and encouraging further “crimes against humanity!” 

Also, every Federal Judge should have 1) demonstrated legal and practical knowledge of human rights law and what really happens to individuals in our immigration “justice” system; and 2) a course in writing cogent English and applying simple logic from Nicole. 

This November, vote like your life and the future of our nation depend on it. Because they do!

Due Process Forever! Supremes that don’t believe in equal justice under law, never!

PWS

06-26-20

VOX IMMIGRATION REPORTER NICOLE NAREA CONTINUES  TO WIN PRAISE FOR HER ANALYSIS — ImmigrationProf Blog Highlights Nicole’s “Trenchant Criticism” of Regime’s Outrageous Proposal to Repeal Asylum Protections by Regulation!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

 

https://lawprofessors.typepad.com/immigration/2020/06/trump-is-quietly-gutting-the-asylum-system-amid-the-pandemic-president-trumps-election-year-push-to-.html

Dean Kevin Johnson writes on ImmigrationProf Blog:

Nicole Narea on Vox has a trenchant criticism of the asylum rules proposed by the Trump administration last week.  Here is the the criticism in a nutshell:

“The Trump administration has proposed a regulation that would deliver its biggest blow to the US asylum system yet, vastly expanding immigration officials’ authority to turn away migrants. If enacted, it would all but close America’s doors to asylum seekers — a signature policy for a president desperately trying to rally his base in an election year.

The regulation, which was announced Wednesday, would allow immigration officials to discard asylum seekers’ applications as “frivolous” without so much as a hearing, and make it impossible for victims of gang-related and gender-based violence to obtain protection in the US. It would also refuse asylum to anyone coming from a country other than Canada or Mexico, or who does not arrive on a direct flight to the US, as well as anyone who has failed to pay taxes, among other provisions.

President Donald Trump has been working to dismantle the asylum system for years, but this latest regulation is part of an election-year push to curtail immigration. In recent months and under the pretext of responding to the coronavirus pandemic, his administration has closed the US-Mexico border, begun rapidly returning asylum seekers arriving on the southern border to Mexico, and issued a temporary ban on the issuance of new green cards — policies that are now being challenged in court.”

The 30 day public comment period starts on June 15.

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

Nicole cuts through the BS and exposes 160+ pages of the regime’s legal gobbledygook, evil intent, and White Nationalist racism for exactly what it is. No surprise for those of us who have been avid readers of Nicole’s outstanding reporting, first at Law360 and now at Vox News. 

Keep on the story, Nicole! Don’t let the White Nationalist kakistocracy continue to hide their vile and unconstitutional program directed against asylum seekers of color behind a barrage of opaque legalese! 

Following the Supreme’s lifeline to Dreamers, some commentators are heralding the triumph of the “rule of law” over Trump. That’s total wishful thinking. It’s great that the Court got a couple of cases right this week. Lives saved are lives saved. That’s actually what they are supposed to do all the time.

Meanwhile, the existence of Remain in Mexico, misuse of COVID-19 to return asylum seekers to potential death, baby jails, kids in cages, family separation, the New American Gulag, Star Chambers in the DOJ that call themselves “courts,” and the elimination of the legal immigration system without legislation show just how ineffectual the Article III Courts have been overall in enforcing due process, equal justice, and human rights in the face of Executive tyranny and grotesque misfeasance. 

The folks who launched these fantastically illegal and disingenuous proposals to eliminate asylum, harm, and kill vulnerable individuals deserving protection largely based on White Nationalist racial animus obviously have deep disrespect not only for the rule of law but for humanity as a whole. That they they can get away with it and continue to openly promote their false and illegal agenda shows how little the Article III Courts actually have done to stem the unconstitutional tide of irrational, race-based actions by a thoroughly corrupt Administration over the past three years.

Ask folks rotting in Mexico, orbited to torture without hearings, separated from their family members, suffering in squalor and disease in the Gulag for no crime, or watching their chance to immigrate legally go down the drain how that “rule of law” is working out for them. Until the Article III Courts as an institution confront the real problems here: Trump’s dishonesty, White Nationalism, xenophobia, and institutional racism, all of which violate the Constitution, the “rule of law” will only be a reality for some. America deserves better from our Article III judges. I can only hope that some day we will get it.

PWS

06-19-20

 

NICOLE NAREA @ VOX: Sen. Booker Introduces Bill to Aid Migrant Health Care

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

 

https://apple.news/A-RCQm3FvRseAEFDQaZ6_Ug

 

Nicole writes:

New Jersey Sen. Cory Booker said he is planning to introduce legislation on Wednesday that would expand legal immigrants’ access to health care subsidy programs and allow unauthorized immigrants to buy health plans from federal insurance marketplaces.

The bill, known as the HEAL for Immigrant Women and Families Act, would permit legal immigrants to enroll in Medicaid and the Children’s Health Insurance Program (CHIP), provided that they meet the programs’ income requirements. Rep. Pramila Jayapal introduced the bill in the House in October 2019, but it would be the first time that the Senate would consider the legislation.

The bill isn’t likely to advance in a Republican-controlled Senate, where Senate Majority Leader Mitch McConnell has already rejected relief for unauthorized immigrants. But it’s the latest effort by Democrats to rectify inequalities in access to health care laid bare by the coronavirus pandemic.

Only a fraction of immigrants is eligible for Medicaid and CHIP: naturalized citizens, green card holders who have lived in the US for at least five years, immigrants who come to the US on humanitarian grounds (such as receiving asylum), members of the military and their families, and, in certain states, children and pregnant women with lawful immigration status. But many other categories of immigrants — including temporary visa holders and young immigrants who have been allowed to live and work in the US under the Deferred Action for Childhood Arrivals program — would become eligible under Booker’s bill.

“Covid-19 has shined a punishing light on the unjust health care inequities that exist for communities of color broadly, and immigrant communities in particular,” Booker told Vox. “While we should always be working to expand access to health care for everyone, the dire current situation highlights the urgency of addressing these gaps in health care coverage. Health care is a right, and it shouldn’t depend on immigration status. We’re never going to be able to slow and stop the spread of the virus be if we continue to deny entire communities access to testing, treatment, or care.”

The bill also contains provisions expanding health care options for unauthorized immigrants, who are often uninsured and have so far been largely left out of Congress’s coronavirus relief efforts. Booker’s bill would allow them to buy health insurance on the Affordable Care Act marketplace, from which they’re currently barred. It would also allow unauthorized immigrants to become eligible for health care subsidies if they have purchased such an insurance plan and meet other criteria, including minimum income requirements.

. . . .

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

Read the rest of Nicole’s always outstanding and accessible analysis at the above link.

Good luck with getting this through the Senate with Moscow Mitch and the GOP in charge! Not going to happen. And, Booker knows it!

Few groups in America have been as screwed over as migrants, regardless of status, in this pandemic. They perform some of the most difficult and essential jobs that have kept us going through this crisis. But, when it comes to safety, stimulus, health care, unemployment and pretty much anything else they are left out in the cold by the GOP nativists.

Get back to work: no PPE, social distancing, hazard pay, testing, unemployment benefits, home computers, or health care for you! This isn’t the “GOP playing Soup Nazi” – it’s the real deal, the 21st Century version of completely expendable workers and intentional “dehumanization” of the “other.”  Already, xenophobic GOP nativists are whining about the very modest economic emergency money that the State of California has provided to their migrant residents, many “essential workers,” regardless of status.

But, Booker’s HEAL bill is a significant “ready for prime-time marker” if we get regime change! Health care and immigration are huge issues in the Hispanic community. Biden needs to get out the Hispanic vote and having legislation like this “ready to roll” on “Day 1” will be key in energizing voters to “work through the obstacles” and vote Trump & the GOP Senators out in the key states to finally get some much needed aid out to the American Hispanic community and others, including folks in rural areas of so-called “Red States,” and disproportionately adversely affected African-American communities in need who are excluded from “Trump’s America” (except, of course, when the chips are down and we need workers for thankless jobs or when Trump needs votes). You can also add in Asian Americans who have been working hard for America but face a barrage of racist-inspired incidents. There’s a “community of interest” there that the Dems’ should be able to attract and build upon with “good government” that furthers the common interests.

This November, vote like your life depends on it. Because it does!

PWS

05-20-20

 

THE BAN ON STIMULUS PAYMENTS TO US CITIZENS WITH UNDOCUMENTED FAMILY MEMBERS IS STUPID, CRUEL, & UNFAIR — Now, Its Constitutionality Is Being Challenged In Federal Court, Reports Nicole Narea @ Vox News!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/AgDswic0ERvCIlHoCI2oyaA

Nicole writes:

Immigrant advocates are arguing in court that American citizens who are married to unauthorized immigrants should still be eligible for stimulus checks along with their children.

The $2 trillion Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, gives most taxpayers up to $1,200 and $500 for each of their children under the age of 17. But even if they pay taxes, unauthorized immigrants are not eligible for the stimulus checks, which the government started sending out in April. Neither is anyone else in their household, including their spouses and children, even if their spouses and children are US citizens.

Advocates from Georgetown Law and Villanova Law filed a class action lawsuit in Maryland federal court on Wednesday challenging the CARES Act on behalf of seven US citizen children of unauthorized immigrant taxpayers. They argued that it unfairly discriminates against these children based on their parents’ immigration status and denies them equal protection under the law in violation of the US Constitution’s due process clause.

Immigrant advocates at the Mexican American Legal Defense and Education Fund also filed a lawsuit last week arguing that the CARES Act is unconstitutional because it “discriminates against mixed-status couples.”

“The refusal to distribute this benefit to US citizen children undermines the CARES Act’s goals of providing assistance to Americans in need, frustrates the Act’s efforts to jumpstart the economy, and punishes citizen children for their parents’ status — punishment that is particularly nonsensical given that undocumented immigrants, collectively, pay billions of dollars each year in taxes,” Mary McCord, legal director of Georgetown Law’s Institute for Constitutional Advocacy and Protection, said in a statement.

How the CARES Act penalizes unauthorized immigrants and their families

The bill excludes those in households with people of mixed immigration status, where some tax filers or their children may use what’s called an Individual Taxpayer Identification Number (ITIN).

The IRS issues ITINs to unauthorized immigrants so they can pay taxes, even though they don’t have a Social Security number. If anyone in the household uses an ITIN — either a spouse or a dependent child — that means no one in the household will qualify for the stimulus checks unless one spouse served in the military in 2019.

If the law is allowed to stand, it could impact an estimated 16.7 million people who live in mixed-status households nationwide, including 8.2 million US-born or naturalized citizens.

The exclusion for mixed-status households defies current practices: Many other federal programs are designed in such a way that US citizen children of unauthorized immigrants can access necessary benefits, including the child tax credit, food stamps, housing assistance, welfare benefits, and benefits from the Special Supplemental Nutrition Program for Women, Infants, and Children.

But there is a precedent for this kind of exclusion. Amid the global financial crisis in 2008, Congress handed out tax rebates to most American taxpayers, except for the spouses of immigrants who didn’t have Social Security numbers.

. . . .

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

Read the rest of Nicole’s outstanding analysis at the link.

Three cheers for Georgetown Law & Villanova Law!

PWS

05-07-20

NICOLE NAREA @ VOX: Fearing COVID-19, MASS. Immigrants Seek Freedom From DHS Gulag Before It’s Too Late! — “Everyone deserves the opportunity to survive this!”

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/APNjMBtPWQimrrwcm_jfXUQ

Nicole Narea reports for Vox News:

As most of the country remains in lockdown to curb the spread of coronavirus, nearly 150 immigrants are fearing for their safety as they fight for their release from a North Dartmouth, Massachusetts, detention facility.

From the few hours of television news they can watch each day, the detainees have learned that social distancing, along with proper sanitation, is the only way that they can protect themselves from infection. But that’s all but impossible at the Bristol County Correctional Center, where the detainees are held together in tight quarters without the protective equipment or sanitation resources necessary to protect themselves, they argue in a class action lawsuit.

They are among the 38,000 immigrants in detention across more than 130 private and state-run detention facilities nationwide. As of April 7, 19 detainees across 11 different facilities had tested positive for the virus — none of them in Bristol, though advocates say it’s only a matter of time before it hits or testing rates improve.

Only after outcry from immigrant advocates did US Immigration and Customs Enforcement recently institute national policies encouraging social distancing in its facilities and provide soap, hand sanitizer, cleaning supplies, and personal protective equipment. The agency also announced Tuesday that it would start releasing detainees who are medically vulnerable to Covid-19, the disease caused by the coronavirus; it has released 60 so far and has identified another 600 who would qualify.

But that’s only a fraction of the detainees nationwide. Unless the agency starts releasing detainees by the thousands, that means most will remain in confinement, despite the fact that they largely have no criminal history. There is, therefore, a national advocacy push for the administration to alter its enforcement priorities to release all detainees, or at least those who haven’t committed serious crimes; while immigrant advocates campaign for their release even in the best of times, their message has become even more urgent amid the outbreak.

In the meantime, those at Bristol remain in conditions that they fear could facilitate the spread of the virus, which can be carried by those who don’t exhibit symptoms.

For the more than 30 detainees with underlying medical conditions that make them vulnerable to complications from Covid-19, it’s an especially scary situation. So far, only 18 detainees have been ordered released as part of the lawsuit, and not all of them qualify as high-risk.

“We suffer from being separated from our families and loved ones,” 47 detainees wrote in a March 20 declaration. “To add on top of this, we are now living in fear.”

. . . .

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

Read the rest of Nicole’s article at the link.

Sheriff Thomas Hodgson claims that there isn’t an adequate  “social safety net” for these detainees in the community. But, have he and DHS worked with the advocates seeking release and the community to see what testing and safe placements might actually be available? He has responsibility for the well-being of those in his custody. But, it doesn’t sound like he has anything approaching a rational plan to carry out his legal obligations.

PWS

04-09-20

LEFT OUT IN THE COLD: Analysis By Nicole Narea @ VOX Shows How Millions Of Tax Paying Migrants, Many Performing Essential Services & With U.S. Citizen Kids, Have Been Excluded From Pandemic Relief — Fed Official Says Everyone Should Be Included in Stimulus! 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/Ae8uHwJYRQUm2xAC1CUtbOQ

Nicole writes:

President Donald Trump signed a $2 trillion coronavirus relief bill last week that promises to mitigate the impact of the crisis on workers — but it leaves out many immigrants.

The bill, known as the CARES Act, delivers direct payments to most taxpayers, vastly expands unemployment benefits, and makes testing for the virus free, among other provisions. But although unauthorized immigrants are no more immune from the effects of the current crisis, the stimulus bill conspicuously leaves them out in the cold — potentially putting them at greater economic and health risk, and impeding public health efforts to stop the spread of coronavirus.

The unauthorized worker population is particularly vulnerable to the virus due to inadequate access to health care. Noncitizens are significantly more likely to be uninsured compared to US citizens, which may dissuade them from seeking medical care if they contract the virus. Compounding matters are the Trump administration’s hardline immigration policies — including wide-scale immigration raids and a rule that can penalize green card applicants for using Medicaid — which have made noncitizens afraid to access care. These factors pose a problem for America’s efforts to slow the spread of the virus, which has killed more than 3,400 in the US as of March 31.

“We’re operating in an environment where we’re constantly having to reassure patients that they can access services,” Jim Mangia, CEO and president of St. John’s Well Child and Family Center — a network of community health centers in the Los Angeles area that serve about 32,000 undocumented immigrants annually — said in a press call. “It’s a constant struggle and in the midst of a pandemic, it’s even more difficult and more dangerous.”

While many immigrants are continuing to work in essential fields, ranging from medical care to cleaning to grocery stores, they may take an economic hit like many other workers who are facing layoffs, furloughs, and pay cuts. And absent financial relief for the population of unauthorized immigrants workers in particular, many may try to continue going to work despite public health warnings to stay home, which could further spread the virus and pose a risk to public health.

“Those who cannot obtain relief are likely to continue going out and trying to earn a living, at the risk of themselves and spreading the virus to others,” Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Institute, told Vox. “The cost of providing this benefit to them has to be weighed against the need to keep up the restrictions to stop the virus spread.”

Immigrants are eligible for some free testing

Here’s one thing the bill does offer to unauthorized immigrants: free coronavirus testing at government-funded community health centers through a $1 billion federal program. But some community health centers have already reported shortages of tests; Mangia said St. John’s only had 39 tests last week when almost 900 patients presented with symptoms of Covid-19, the illness caused by the novel coronavirus.

. . . .

Many immigrants won’t receive cash-based benefits

But the centerpiece provisions of the bill — the expanded unemployment benefits and up to $1,200 in cash payments to taxpayers — won’t be accessible to millions of immigrants.

“Immigrant workers and families who are paying taxes have been cut out from receiving a single dollar,” Marielena Hincapié, executive director of the National Immigration Law Center, said in a statement.

The bill increases unemployment benefits by $600 for all workers for up to four months, on top of what they would get from unemployment insurance. As my colleague Dylan Matthews writes, this is a huge increase from January, when the average UI check was $385 per week.

But only immigrants who can show that they’re authorized to work in the US can file for unemployment, including green card and temporary visa holders. For visa holders who have been laid off during the crisis, they will only be eligible for unemployment for as long as their visa stays valid. That’s a period of 60 days for those on H-1B skilled worker visas, unless they find another job in that time — an unlikely prospect given that many businesses have already instituted hiring freezes.

Only some states, including California and Texas, allow beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program, which offers work permits to some 700,000 unauthorized immigrants who came to the US as children, to file for unemployment. Unauthorized immigrant workers more broadly — who number some 7.6 million, according to the Pew Research Center — are also typically ineligible for unemployment, but policies differ by state.

Under the stimulus bill, the government will also start sending out checks to most taxpayers starting in April. The amounts range based on income, but they’re phased out for individuals making more than $99,000 and couples making $198,000.

Only immigrants who have Social Security numbers can receive those checks, including green card holders and “resident aliens” who have lived in the US long enough (usually five years) to file taxes as residents. Temporary visa holders, DACA recipients, and beneficiaries of Temporary Protected Status — which the US has historically offered to citizens of countries suffering from catastrophes such as natural disasters or armed conflict — could therefore qualify.

But there is a big exclusion for those in households with people of mixed immigration status, where some tax filers or their children may use what’s called an Individual Taxpayer Identification Number (ITIN).

The IRS issues ITINs to unauthorized immigrants so they can pay taxes, even though they don’t have a Social Security number. If anyone in the household uses an ITIN — either a spouse or a dependent child — that means no one in the household will qualify for the stimulus checks, unless one spouse served in the military in 2019.

The stipulation could impact an estimated 16.7 million people who live in mixed-status households nationwide, including 8.2 million US-born or naturalized citizens.

This also includes those with deportation protections under the Obama-era DACA program, children and young adults whose parents often don’t have legal status. They’re left wondering how they can help support their families so that their parents don’t have to go to work, where they risk getting sick, and how they can help cover the costs of their parents’ medical care should they need it, Sanaa Abrar, advocacy director at the immigrant advocacy group United We Dream, told Vox.

“With the national health crisis and what’s becoming a national unemployment crisis, folks are concerned about how they’re not only going to stay healthy and safe but also how they’re going to keep their jobs and how they’re going to find means of financial support,” she said.

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

Read Nicole’s complete analysis at the link.

Meanwhile, Eric Rosengren, the President of the Boston Fed, writing in the Wall Street Journal, also says that it is a mistake from an economic standpoint to leave anybody behind in the stimulus.

Eric Rosengren
Eric Rosengren
President
Boston Federal Reserve

https://apple.news/AzvF-kikaSuiTxFGVV_3nnA

. . . .

Mr. Rosengren spoke separately Wednesday in a speech delivered by video in which he underscored the importance of focusing federal resources on the most vulnerable households.

“We are all being challenged right now, but our legacy can be that we rose to the challenge and kept a focus on the vulnerable, those with low and moderate income, and those whose livelihoods operate on the thinnest of margins,” Mr. Rosengren said in the text of a speech to be given by video in Boston.

. . . .

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

Read the complete article at the link.

Thanks, Nicole, for your outstanding analysis of a critical, largely “below the radar screen” issue that potentially threatens everyone’s health and welfare.

So, policies that exclude American families and workers based on status both endanger our public health and threaten our economic recovery.  The cruel, xenophobic, irrational White Nationalist polices of the Trump regime actually threaten both our present and our future. Can’t do much worse than that!

PWS

04-01-20

NICOLE NAREA @ VOX: “CONFIRMING THE AMERICAN DREAM” –Debunking Another Trump White Nationalist False Narrative: Even The Poorest Immigrants Quickly Adapt & Become Self-Sufficient! — “The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States.”

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A54Jcss-aTZ21cr6npgpyDA

Nicole Narea reports at Vox News:

 

A new study shows that even the poorest immigrants lift themselves up within a generation

It appears that the idea of the “American Dream” has some truth.

By Nicole Narea@nicolenarea  Nov 1, 2019, 2:20pm EDT

Share this story

Carmen del Thalia Mallol holds her daughter Lia, 4, after becoming a new US citizen during a naturalization ceremony inside the National September 11 Memorial Museum on July 2, 2019, in New York City. Drew Angerer/Getty Images

The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States. Indeed, a new working paper by Stanford University’s Ran Abramitzky; Princeton University’s Leah Platt Boustan and Elisa Jácome; and the University of California Davis’ Santiago Pérez finds that this is especially true for the lowest-income immigrants and remains true for the most recent cohorts for which data is available.

Drawing from census data, publicly available administrative data, and federal income tax data, they traced the income levels of millions of fathers and sons over time dating back to 1880. The children of immigrants climbed higher in the income rankings than those born to US natives across history and in 44 of the 47 sending countries they studied.

The paper contradicts President Donald Trump’s rhetoric suggesting that immigrants drain the social safety net rather than pulling themselves up and that immigrants from a select few countries are more desirable than others. On that basis, the president has pursued numerous policies aimed at preventing low-income immigrants, particularly those from what he has referred to as “shithole countries,” from entering and settling in the US.

Even poor immigrants’ kids achieve success

Prior research has shown that immigrants who start out earning less than their US-born peers are unlikely to catch up in their lifetimes. And among more recent immigrants, that initial income gap is growing bigger and harder to close.

But the new study shows that, even if immigrants start out with low income levels, most are not only catching up eventually but surpassing their US-born peers — even if it takes a generation.

Even children of the poorest immigrants from most countries have higher levels of economic mobility than their peers born to American parents. https://economics.princeton.edu/2019/10/25/immigrant-mobility-abramitzky-boustan/

The typical explanation offered for this kind of immigrant achievement is some inherent quality resulting from cultural differences, such as a strong work ethic or placing a value on education. But the working paper offers a more tangible explanation for the mobility gap: Immigrants tend to settle where there is more economic opportunity and take jobs that are below their true skill level.

“We don’t even have to reach for these cultural explanations,” Boustan said in an interview. “A lot of it has to do with immigrants being willing to move anywhere and choosing locations where there are growing industries and a good set of job opportunities for their kids. Those are choices that immigrants are making that are different from the US-born and that could be a feature of immigrant success.”

It makes sense why immigrants choose to move to areas of higher economic opportunity as compared to the US-born. Without social and professional networks anchoring them to one place, they are more “footloose” and flexible in where they ultimately settle, Abramitzky said. Historically, that has meant that foreign-born populations tend to cluster in urban areas.

The first generation arriving in the US, however, might also have difficulty finding work at income levels that reflect their true talents and abilities due to a variety of factors: limited English skills, lack of an established professional network in the US, and discrimination, Boustan said.

A classic scenario might be a Russian scientist who comes to the US and works as a cab driver. In that case, the second generation might be able to move up more quickly than their father’s income ranking would suggest.

“What might matter for the kids is what their father’s true talents and abilities were, rather than where he gets placed in the labor market,” Boustan said.

The economic mobility gap, the paper finds, is particularly stark when examining the children of those on the lowest rungs of the income ladder, ranked below the 25th percentile. In that category, the children of immigrants climb three to six percentile rank points higher than the children of natives.

The gap narrows, however, when examining families from the top income levels. And it even reverses slightly when comparing children growing up in the same geographic area.

The paper, while expansive, has some limitations: It relies on federal income tax records that likely do not capture unauthorized immigrants, the primary target of the president’s ire as he attempts to make the southern border all but impenetrable to migrants from Central America attempting to cross illegally.

But it’s reasonable to speculate that unauthorized immigrants would also settle in areas of economic opportunity and take jobs below their skill level, potentially resulting in similar rates of economic mobility as compared to other immigrants, the researchers said. The only caveat could be that unauthorized immigrants and their children experience more discrimination in the US, limiting their access to higher-paying jobs.

All kinds of immigrants move up the ladder

Boustan said the paper pushes back on the idea of “model minorities”: that minorities from certain ethnic or racial backgrounds tend to find more socioeconomic success than others. It’s typically been used to describe Asians in contrast to Hispanics and African Americans. But regardless of race or ethnicity, children of immigrants from the overwhelming majority of the countries they studied performed better than the US-born.

The paper’s findings also challenge Trump’s ideas about who should be allowed to immigrate to the US.

In January 2018, he reportedly derided immigrants from what he considers “shithole countries,” including El Salvador and African nations, while simultaneously calling for “more people from Norway.” And he infamously maligned Mexican immigrants when launching his campaign for president in 2015.

“When Mexico sends its people, they’re not sending their best,” he said. “They’re sending people that have lots of problems, and they’re bringing those problems with us.”

In fact, immigrants from Mexico, El Salvador, and African nations such as Nigeria are all performing better than the US-born. And in past waves of immigration, immigrants from Norway actually performed worse than the US-born.

“We take it as a warning against taking a nostalgic view of immigration,” Abramitzky said.

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

Trump’s (and his fellow White Nationalists’) racist-inspired false narratives are harming America and preventing us from becoming even greater. Obviously, a smarter, more decent Administration would cut the xenophobic nonsense, legalize the law-abiding migrants already here, and propose ways to expand legal immigration across the board.

Those actions, not expensive, mean-spirited, and ultimately futile “enforcement only” gimmicks, would address the “immigration issue” in a fair, humane, and mutually beneficial manner. Also, by reducing the “unnecessarily undocumented population” and providing more realistic opportunities for future legal immigration and integration into our society, immigration enforcement would become far more focused, efficient, and effective.

Instead of treating needed workers and legitimate refugees like “bank robbers” (often actually ignoring the real criminals), the DHS could concentrate on a smaller number of individuals attempting to evade a more reasonable and realistic system.  Additionally, with real lines for legal immigration, rather than imaginary ones the Trump crowd often disingenuously references, being sent “to the back of the line” would be more of a deterrent than it is now.

Although, as Nicole points out, the study didn’t specifically cover undocumented individuals, the findings of this study certainly match my “real life” experiences in Immigration Court. The overwhelming majority of those coming before me on the non-detained docket were basically decent, law abiding folks performing productive functions in our communities. For a short time at the end of the Obama Administration, ICE actually recognized the futility of removing such individuals and exercised “prosecutorial discretion” (“PD”) through “administrative closing” in many cases where removal would actually diminish our nation while wasting limited court time.

Those very few individuals who ”flunked out” of the “PD program by getting in trouble were returned to court, usually on the detained docket, and in most cases removed. The others formed a “natural core” for a future legislative legalization program that a smarter,  kinder, braver Administration would have proposed.

Naturally, one of the first things the Trump White Nationalists tried to do was end two of the most successful programs ever instituted within DHS: DACA and PD. The results of these mean-spirited and short sighted actions have been highly problematic for the individuals involved as well as our country.

PWS

11-02-19

 

 

 

 

NICOLE NAREA @ VOX: As Life Threatening Due Process & Statutory Violations Predictably Mount Under The Ninth Circuit’s “Let ‘Em Die In Mexico” Program, Congressional Dems Demand IG Investigation Of “Tent Courts,” A/K/A Kangaroo Courts!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://www.vox.com/policy-and-politics/2019/10/18/20920000/house-democrats-investigation-tent-courts-border-port

 

House Democrats are calling for investigations into two temporary immigration courts that opened along the southern border last month where migrants who have been waiting in Mexico are fighting to obtain asylum in the US, according to a letter sent Thursday.

The courts — located in tent complexes near US Customs and Border Protection ports in Laredo and Brownsville, Texas — were built to hear cases from migrants who have been sent back to Mexico under President Donald Trump’s “Remain in Mexico” policy, officially known as the Migrant Protection Protocols.

Unveiled in January, the policy has affected over 50,000 migrants found to have credible asylum claims, including those who present themselves at ports of entry on the southern border and those who are apprehended while trying to cross the border without authorization.

The tent courts, which opened in early September with no advance notice to the public, have the capacity to hold as many as 420 hearings per day in Laredo and 720 in Brownsville conducted exclusively by video. Immigrants and their attorneys video conference with judges and DHS attorneys appearing virtually, streamed from brick-and-mortar immigration courts hundreds of miles away.

Democratic leaders, led by Congressional Hispanic Caucus chair Joaquin Castro, raised concerns Thursday that the tent facilities have led to violations of migrants’ due process rights by restricting their access to attorneys and relying on teleconferencing. They also expressed alarm that asylum seekers processed in the facilities are being returned to Mexico even though they are in danger there and that the public has largely been barred from entering the tent facilities, shrouding their operations in secrecy.

“Given the lack of access to counsel and the limitations of

, we are concerned these tent courts do not provide full and fair consideration of their asylum claims, as required by law,” the lawmakers wrote, urging the Department of Homeland Security and Department of Justice’s inspectors general to investigate. “The opening and operations of these secretive tent courts are extremely problematic.”

Few have been allowed to enter the courts

Acting Department of Homeland Security Secretary Kevin McAleenan had assured that members of the public and the press would be permitted to access to the facilities so long as they do not “disrupt proceedings or individuals’ privacy.”

In practice, however, that’s not how they have operated, and as House Democrats pointed out Thursday, preventing the public from viewing immigration court proceedings violates federal regulations.

“We are concerned that the administration has intentionally built these tent court at Customs and Border Protection ports of entry to justify limited public access to these facilities, and that this lack of transparency may allow DHS to hid abuse and due process violations that may occur in the tents,” their letter said.

Laura Lynch and Leidy Perez-Davis, attorneys with the American Immigration Lawyers Association who visited the port courts shortly after they opened in September, said they and other lawyers from the National Immigrant Justice Center, Amnesty International, and the Women’s Refugee Commission were barred from observing proceedings in the courts absent a document showing that they were representing one of the migrants on site.

The few attorneys that had such agreements were allowed to enter the facility a little more than an hour before their clients’ hearings to help them prepare — insufficient time given that, for many, it is their first opportunity to meet in person, Perez-Davis said.

In the first few days that the courts were open, the only people allowed in the hearing rooms were immigrants and their attorneys — but critically, not their translators, Lynch said. There were few attorneys representing asylum seekers in proceedings at the port courts, and even fewer spoke fluent Spanish and could have conversations with their clients.

Officials have since allowed translators into the hearing rooms, Lynch said, but neither DHS nor the DOJ have issued any formal clarification of their policy.

Attorneys are also not allowed to attend “non-refoulement interviews” at the tent facilities, in which an asylum officer determines, usually over the phone, whether a migrant should be sent back to Mexico or qualifies for an exemption allowing them to go to a detention facility in the US.

Limiting access to the port courts also inhibits legal aid groups’ ability to conduct presentations for migrants informing them of their rights in immigration proceedings, as they typically do in immigration courts.

Perez-Davis said that she observed one hearing from San Antonio — where some of the remote immigration judges handling cases in the ports courts are based — in which a young migrant woman was confused about what “asylum” means. That kind of knowledge would have previously been provided in presentations by legal aid groups.

Videoconferencing doesn’t facilitate a fair proceeding

The use of video conferencing in immigration court proceedings has long been a subject of controversy. In theory, teleconferencing would seem to make proceedings more efficient and increase access to justice, allowing attorneys and judges to partake even though they may be hundreds of miles away.

But in practice, advocates argue that teleconferencing has inhibited full and fair proceedings, with some even filing a lawsuit in New York federal court in January claiming that it violates immigrants’ constitutional rights.

Immigrants who appear in court via teleconference are more likely to be unrepresented and be deported, a 2015 Northwestern Law Review study found. Reports by the Government Accountability Office and the Executive Office of Immigration Review have also raised concerns about how technical difficulties, remote translation services, and the inability to read nonverbal communication over teleconference may adversely affect outcomes for immigrants.

Yet despite such research, the immigration courts have increasingly used video as a stand-in for in-person interaction.

In the port courts in Laredo and Brownsville, video substitutes for that kind of interaction entirely — but it has not been without hiccups so far.

Lynch, Perez-Davis, and Yael Schacher, a senior US advocate at Refugees International, said they all observed connectivity issues. For migrants who must recount some of the most traumatic experiences of their lives to support their asylum claims, video conferencing makes their task harder, Perez-Davis said.

“I have been asking myself what happens if you’re in the middle of the worst story you’ve ever had to tell, and the video cuts out?” she said.

These courts are sending immigrants back to danger in Mexico

Migrants are required to travel in the dark and show up for processing before their hearings at the port courts early as 4:30 in the morning.

That puts them at increased risk, with recent reports of violence and kidnappings in Nuevo Laredo, which is directly across the border from Laredo, and Matamoros, which is adjacent to Brownsville. The State Department has consequently issued a level four “Do Not Travel”warning in both Nuevo Laredo and Matamoros.

Lynch and Perez-Davis said that attorneys are also increasingly afraid of crossing the border into Mexico in light of those safety concerns. Where they used to cross over the border to deliver presentations informing migrants of their rights and the US legal process in Mexican shelters, that is no longer happening to the same degree.

“It has chilled any sort of ability to provide legal representation,” Perez-Davis said.

DHS purports to exempt “vulnerable populations” from the Remain in Mexico policy and allow them to remain in the US, but in practice, few migrants have been able to obtain such exemptions in non-refoulement interviews.

The advocacy group Human Rights First issued a report earlier this month documenting dozens of cases in which inherently vulnerable immigrants — including those with serious health issues and pregnant women — and immigrants who were already victims of kidnapping, rape and assault in Mexico were sent back under MPP after their interviews.

With attorneys barred from advocating for migrants in these interviews, migrants will likely continue to be sent back to Mexico even if they should qualify for an exemption under DHS’s own guidelines.

“These interviews are a basic human rights protection to ensure that no one is returned to a country where they would face inhumane treatment, persecution or other harm,” Democrats wrote Thursday. “We are concerned that DHS is returning asylum seekers to harm in Mexico.”

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

This situation persists as a direct and predictable consequence of the Ninth Circuit’s atrocious decision staying the District Court’s properly issued injunction in Innovation Law Lab v. McAleenan!

As I told the US District Court, District of Rhode Island, 2019 District Conference on “Independence & the Courts” today:

Constantly Confront Complicit Courts 4 Change. Make the guys in the ivory tower “own” the deaths, human rights abuses, unrelenting human misery, and mockeries of justice that their intransigence and failure to carry out their oaths to faithfully support and defend the Constitution of the U.S. is causing to the most needy and vulnerable among us — that is, to those who have the audacity to assert their legal rights under our laws.

What good are “independent” courts who won’t stand up for our individual rights under the Constitution? “Independence” does not entitle judges to use their privileged positions to be complicit or complacent in the face of great tyranny and the human misery and irreparable harm it causes!

And, thanks to Nicole for “keeping on” this horrifying chronicle of calculated and premeditated human rights abuses by an Executive Branch “gone rogue,” and the disastrous real life human consequences of ivory tower appellate judges failing to perform their Constitutional duties. They will not escape the judgment of history for their unwillingness to stand up to the abuses of a White Nationalist regime carrying out a predetermined agenda totally unrelated to governing in the public interest or complying with the rule of law.

Also, many thanks too Laura and Leidy for having the courage and dedication to put themselves “on the line” to let us know exactly what’s happening as a result of the massive failure of all three branches of our Government.

Join the New Due Process Army and take the fight to preserve our American values and our Constitution to all three branches of Government until they do their duties and stop the illegal and unconstitutional abuses of asylum seekers! 

PWS

10-18-19

 

 

 

NICOLE NAREA @ VOX NEWS: Trump Brings Ignominious End To Six Decades Of U.S. Global Leadership On Refugees – Functionally Ends One Of America’s Most Successful, Beneficial, & Enriching Programs!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/AIdY3RXXGRp2vAq_TNEIM1w

 

Trump’s cuts to the refugee program signal the end of an era.

By Nicole Narea | October 1, 2019 7:30 am

 

The United States’ refugee program once served as a global model of how a powerful country should support the world’s most vulnerable people. But under President Donald Trump, America is now accepting fewer refugees than ever, signaling that not even they are immune to the president’s restrictionist immigration policies.

On Thursday, the administration announced that the US will accept 18,000 refugees at most over the next year, the fewest in history and down from a cap of 110,000 just two years ago. A new executive order from Trump will allow state and local authorities to block refugees from settling in their areas.

The Trump administration claims that lowering refugee admissions would allow the US to take in more asylum seekers: people fleeing violence and persecution who apply for protection when they are already in the US, unlike refugees, who are processed by international organizations.

But the administration is also doing everything it can to keep asylum seekers out of the US. Migrants can be returned to Mexico to await decisions on their asylum applications, barred from obtaining asylum if they passed through another country before arriving in the US, or sent back to the Northern Triangle countries of Guatemala, El Salvador, and Honduras to seek protections there.

During his campaign, Trump painted refugees fleeing the Syrian civil war as national security threats. In office, his administration hasn’t distinguished among asylum-seekers, refugees, and other migrants. It’s painted them all as a threat to or drain on American society and has crafted policies that try to keep as many people out of the US as possible.

The Trump administration is setting up the admission of refugees and asylum seekers as a “zero-sum game.” But in reality, it’s just trying to block immigration across the board, said Elizabeth Foydel, deputy police director at the International Refugee Assistance Project.

The US has the capacity to take in both more refugees and more asylum seekers. But the Trump administration is sending a message: The US is no longer the same safe haven it once was. The policies are in line with acting US Citizenship and Immigration Services Director Ken Cuccinelli’s amendment to Emma Lazarus’s famous poem on the Statue of Liberty: “Give me your tired and your poor who can stand on their own two feet.”

During the campaign, Trump helped stoke anti-refugee sentiment

The refugee program has historically flourished under Republican presidents. Even in previous Republican administrations seeking to curtail immigration, no one has ever set the cap on refugee admissions as low as Trump has. Former President George W. Bush briefly cut the number of refugees admitted after the 9/11 attacks, but even then the limit was set at 70,000.

But the bipartisan consensus on maintaining a robust refugee resettlement program began to unravel after the Paris terror attacks in late 2015, said Yael Schacher, senior US advocate for Refugees International, when suicide bombers — reportedly sanctioned by the Islamic State — killed 130 civilians in explosions and mass shootings throughout the city.

There was speculation that one of the attackers was a refugee, one of 5.6 million Syrians who have been displaced since 2011 by the still-ongoing civil war. It was later confirmed that all of the perpetrators were citizens of the European Union. But the rumors were enough to spark a panic about Syrian refugees and start a movement among governors, mostly Republicans, to cut back US admissions of Syrian refugees and resettlement efforts more broadly.

Governors from 31 states, all Republican but for New Hampshire’s Maggie Hassan, said they no longer wanted their state to take in Syrian refugees. In 2016, Mike Pence, then governor of Indiana, also tried to prevent refugee resettlement agencies in his state from getting reimbursed for the cost of providing social services to Syrian refugees.

But states didn’t have the legal authority to simply refuse refugees; that’s the prerogative of the federal government. Pence ultimately had to back down after a federal court ruled against his decision to withhold the reimbursements.

Trump, then campaigning for president, stirred up more fear, suggesting that Syrian refugees were raising an army to launch an attack on the US and promising that all of them would be “going back” if he won the election. He said that he would tell Syrian children to their faces that they could not come to the US, speculating that they could be a “Trojan horse.”

“Military tactics are very interesting,” Trump said. “This could be one of the great tactical ploys of all time. A 200,000-man army, maybe. Or if they sent 50,000 or 80,000 or 100,000 … That could be possible. I don’t know that it is, but it could be possible.”

When Trump eventually took office, he delivered on his promise to slash refugee admissions from Syria, suspending refugee admissions altogether from January to October 2017. From October 2017 to October 2018, the US admitted only 62.

State leaders lined up behind him: The Tennessee legislature, for instance, filed a lawsuit in March 2017 claiming that the federal government was infringing on states’ rights by forcing them to take in refugees (a court challenge that also failed).

Trump’s executive order Thursday may vindicate the states that wanted to turn refugees away. (The International Refugee Assistance Project said it is contemplating challenging the order in court.) Under the executive order, local governments that do not have the resources to support refugees in becoming “self-sufficient and free from long-term dependence on public assistance” will be able to turn them away.

It’s not clear how it will play out in practice. States won’t just be able to refuse refugees from certain nations, such as Syria, Stephen Yale-Loehr, a professor at Cornell Law, said. Immigration law provides that state and local governments must provide aid “without regard to race, religion, nationality, sex or political opinion.”

But it could prove complicated when states and municipalities disagree over whether to accept refugees. It’s possible that states will be able to override local governments. Take, for example, cities like Dallas, which has historically taken in many refugees but is located in Texas, which has previously sought to prohibit them.

The executive order would also create inconsistent refugee policies across the country, making it next to impossible for the federal government to properly plan for refugee settlement, Schacher said.

“We are one nation,” she said. “The idea that governors can direct where refugees can first resettle not only undermines federalism but divides us on a policy which is fundamentally a national one.”

Trump’s refugee policy reflects his broader attitude toward immigrants

The Center of Immigration Studies (CIS), which advocates for lowering immigration levels overall, has influenced many of the Trump administration’s restrictive immigration policies. The refugee cap is no exception.

The organization has gained influence in the Trump era, with some of its former researchers assuming senior positions in the administration. CIS threw support behind the movement to block Syrian refugees in 2016, casting doubt on whether the United Nations’ refugee office could actually vet them for security threats before they arrive in the US.

The organization has also claimed that the current system allows the federal government to impose too much financial burden on states to carry out refugee resettlement. And it has called into question why the US should dedicate resources to resettling refugees rather than focusing on the southern border.

Trump’s most recent refugee policy moves are “long overdue,” in particular his executive order allowing states the opportunity to refuse refugees, CIS senior researcher Nayla Rush writes.

“Refugees are not just parachuted into a void,” she said. “Positive reception and orientation are, therefore, necessary for a successful integration.”

It all fits in with one of the broader ideas guiding Trump’s immigration policy: that immigrants “exploit public assistance” without offering the US anything in return, Foydel said.

In the same vein, the Trump administration has published a rule, set to go into effect October 15, that would allow the Department of Homeland Security to weigh certain immigrants’ use of Medicaid, the Supplemental Nutrition Assistance Program, Section 8 housing assistance, and federally subsidized housing against them in their applications for green cards or visas. The rule will primarily affect a small proportion of family-based green card applicants, but immigrants are already disenrolling from public benefits out of fear that they will be penalized.

Trump has justified it as a means of ensuring that immigrants are “financially self-sufficient” and to “protect benefits for American citizens.”

“I am tired of seeing our taxpayer paying for people to come into the country and immediately go onto welfare and various other things,” Trump said when announcing the rule. “So I think we’re doing it right.”

Foydel said that Trump is trying to abdicate federal responsibility for the most vulnerable immigrants, forcing states that already serve as immigrant “sanctuaries” to step up. He threatened to release detained immigrants into sanctuary cities in April, and Thursday’s executive order also requires states that agree to receive refugees to publish their “consent letters” publicly, which some have questioned as a means of politically targeting immigrant-friendly areas.

“The positions of different states might be politicized and used to foment anti-refugee sentiment,” Schacher said.

It’s a mischaracterization to say that immigrants take advantage of welfare programs, Foydel said.

In her experience, refugees have no desire to be on public assistance for any longer than necessary and start working as soon as they can. She also pointed to research that refugees end up contributing more in taxes than what it costs to resettle them: on average, $21,000 among refugees who entered the US as adults between 2010 and 2014, according to the National Bureau of Economic Research.

“I think that there are a number of policies we’ve seen that have this language of economic self-sufficiency,” Foydel said. “It’s part of a false narrative about refugees and also immigrants more broadly exploiting public assistance when the data says it’s not true.”

 

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

Trump‘s cowardly attacks upon the world’s most vulnerable, aided and abetted by morally corrupt GOP policitos, and “masterminded” by neo-Nazi advisor Stephen Miller (taxpayers are actually supporting this evil clown — talk about abuse of public assistance!), ends what had been one of our most important and long-lasting bipartisan policy successes.

 

And, since much of the expertise and hard work that made the program so successful were contributed by NGOs and (real, not Trumpian) religious organizations, those programs are now being dismantled and the expertise and resources directed elsewhere. Literally decades of irreplaceable knowledge, expertise, and organizational talent has been lost almost overnight.

 

Even when a wiser, more humane, decent Administration finally wants to “restart” these critically important programs, it will be no easy task. It basically took nearly half a century to build up the current expertise. Once dissipated, it won’t be easily re-created – certainly not overnight. Obviously, there are serious, long-term consequences to allowing a kakistocracy to take over the government of our nation.

 

PWS

 

10-08-19