Nolan Rappaport – Page 7 – immigrationcourtside.com

THE HILL: N. RAPPAPORT ASKS A GREAT QUESTION: “WHY NOT GO AFTER EMPLOYERS?”

http://thehill.com/opinion/immigration/358892-to-tackle-illegal-immigration-go-after-the-employers

Nolan writes:

“The job magnet is making it impossible to secure the Southwest border. The availability of jobs in the United States attracts immigrants who need work and are willing to do whatever they have to do to cross the border.

Congress tried to eliminate the job magnet by establishing employer sanctions with the Immigration Reform and Control Act of 1986 (IRCA). The theory was that if employers were sanctioned for hiring aliens who do not have work authorization, they would stop hiring them.

This was expected to prevent a new group of undocumented aliens from taking the place of the ones IRCA was going to legalize.

It didn’t work. Approximately 2.7 million undocumented aliens were legalized, but by the beginning of 1997, they had been replaced entirely by a new group of undocumented aliens.

It failed because the sanctions were not applied on a large-scale, nationwide basis. This is necessary to make employers throughout the United States afraid that they will be sanctioned if they hire undocumented workers. And it has continued to fail for the same reason. According to the Pew Research Center, there were 8 million unauthorized immigrants working or looking for work in the United States in FY2014.

The government has had more than 30 years to make the sanctions work, and it hasn’t happened. It is unrealistic at this point to expect it ever to happen. A new approach should be considered. But first, let’s look at what employer sanctions do.

. . . .

Shift attention to “the other magnet.”

Unscrupulous employers are drawn to undocumented immigrant workers because they can be exploited easily and are not in a position to complain about the way they are treated. I call this “the exploitation magnet.”

The Department of Labor (DOL) sanctions employers for exploiting employees without regard to their immigration status. Consequently, DOL enforcement officers do not have to determine whether an exploited employee is an alien, and if so, whether he has work authorization. For instance, DOL enforces the Fair Labor Standards Act, which requires a minimum wage and overtime pay.

Low wage industries tend to employ substantial numbers of undocumented immigrants.

DOL prosecutes employers for violating labor laws much more aggressively than DHS prosecutes employers for hiring unauthorized immigrants.

In FY2014, for instance, DHS issued only 643 final fine orders, imposing fines totaling $16.28 million, and DOL collected $79.1 million in back wages for overtime and minimum wage violations involving 109,261 employees.

With additional funding, DOL could mount a large-scale, nationwide campaign to stop the exploitation of employees in industries known to hire large numbers of undocumented immigrants, which would go a long way towards eliminating the job magnet.”

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Go on over to The Hill at the link to read Nolan’s complete article. I highly recommend his succinct summary of the current employer sanctions program and “E-Verify.”

I think Nolan is “right on” in his recommendation for more aggressive enforcement of wage and hour laws. No matter where you stand on the overall immigration policy issue, I think that we can all agree that U.S. employers should not be gaining a competitive advantage by exploiting migrant labor, whether documented or undocumented.

PWS

11-06-17

STATE DEPARTMENT PAVES WAY FOR MORE INHUMANITY AND CHAOS IN US, CENTRAL AMERICA, AND HAITI WITH RECOMMENDATION TO TERMINATE “TPS” PROTECTIONS!

https://www.washingtonpost.com/world/central-americans-and-haitians-no-longer-need-protected-status-state-dept-says/2017/11/03/647cbd5c-c0ba-11e7-959c-fe2b598d8c00_story.html

Nick Miroff and Karen DeYoung report in the Washington Post:

“More than 300,000 Central Americans and Haitians living in the United States under a form of temporary permission no longer need to be shielded from deportation, the State Department told Homeland Security officials this week, a few days ahead of a highly anticipated DHS announcement about whether to renew that protection.

On Tuesday, Secretary of State Rex Tillerson sent a letter to acting DHS secretary Elaine Duke to inform her that conditions in Central America and Haiti that had been used to justify the protection no longer necessitate a reprieve for the migrants, some of whom have been allowed to live and work in the United States for 20 years under a program known as Temporary Protected Status (TPS).

Tillerson’s assessment, required by law, has not been made public, but its recommendations were confirmed by several administration officials familiar with its contents. The officials spoke on the condition of anonymity to discuss internal deliberations.

DHS has until Monday to announce its plans for roughly 57,000 Hondurans and 2,500 Nicaraguans whose TPS protections will expire in early January. Although most arrived here illegally, they were exempted from deportation after Hurricane Mitch devastated Central America in 1998. Their TPS protections have been renewed routinely since then, in some cases following additional natural disasters and resulting insecurity

. . . .

Advocates say removing TPS would be a cruel blow to long-standing, law-abiding immigrants, forcing them to decide between remaining in the country illegally or leaving their homes and families. According to a recent study by the left-leaning Center for American Progress, TPS recipients have nearly 275,000 U.S.-born children.

If recipients lose their protections but defy orders to leave, it would not be difficult for immigration enforcement agents to find them. The provisional nature of their status requires them to maintain current records with DHS; the agency has their addresses, phone numbers and other personal information.

“Terminating TPS at this time would be inhumane and untenable,” a group of Catholic charity leaders wrote to Duke in a recent letter, arguing that it would “needlessly add large numbers of Hondurans and Salvadorans to the undocumented population in the U.S., lead to family separation, and unnecessarily cause the Department of Homeland Security to expend resources on individuals who are already registered with our government and whose safe return is forestalled by dire humanitarian circumstances.”

If DHS ends the TPS protections, it is expected to grant recipients a grace period of at least six months or more to give them time to prepare for departure.”

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With the Caribbean recovering from storm damage, the US unable to take care of Puerto Rico, and individuals arriving in the US daily in flight from violence and disorder in Central America (one of the most violent and dangerous regions in the entire world) this seems like a boneheaded, politically motivated decision. Hopefully, as Nolan Rappaport has mentioned several times in this blog, Congress and the Administration will be able to work something out for these folks.

If not, most folks aren’t going anywhere soon. Most individuals with TPS do not have final orders of removal from the US. Therefore, they would have to be processed through the US Immigration Courts which currently have a 640,000 case backlog.

The Trump Administration continues to operate in its own world of cruelty, disorder, incompetence, and squandering of Government resources, without regard to either reality or humananitarian factors.

PWS

11-03-17

THE HILL: N. Rappaport On The Diversity Program

http://thehill.com/opinion/immigration/358611-we-dont-need-a-terrorist-attack-to-know-diversity-visa-program-has-to-go

Nolan writes:

“What is the Diversity Visa Program?

Section 201(e) of the Immigration and Nationality Act (INA) provides 55,000 visas a year for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States.

The number temporarily has been reduced to 50,000, to make up to 5,000 visas a year available for use by Nicaraguans who are eligible for the NACARA program.

The eligibility requirements are stated in section 203(c). The applicant must have been born in a designated country. There are exceptions based on other connections to the designated country. Also, he must have at least a high school education or its equivalent, or two years of work experience that required at least two years of training or experience to perform.

Reasons for terminating it.

While it may be difficult to justify terminating the program on account of the recent terrorist attack, there should be some benefit to offset the fact that the program could bring terrorists to the United States. If the New York City terrorist hadn’t been here, he wouldn’t have been able to commit a terrorist act here.

The claimed benefit is diversity, but does the program really make America more diverse? The United States has a population of 326,199,506people, and that number is increasing by one international migrant (net) every 32 seconds. How does adding 50,000 aliens a year make the country more diverse?

Nevertheless, the program is bringing a lot of people in an absolute sense. Since 1995, it has made visas available to roughly one million people who have no ties to the United States. Is this fair to American citizens and legal permanent residents who get visa petitions approved to bring family members here and then have to wait years for visas to become available?

. . . .

Lastly, the visas are allocated randomly on the basis of a lottery run by the Department of State.

“A lottery is a crazy way to run an immigration system,” according to Steve Yale-Loehr, an immigration law professor at Cornell. “No other country selects immigrants based on a lottery.”

Wouldn’t the program add as much diversity if the same number of aliens, from the same group of countries, were to be selected on a merit-based point system?

My prediction is that the program will be terminated to make the visas available to family and/or employment-based immigrants.”

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Go on over to The Hill for Nolan’s full article which has other helpful statistics and information.

I don’t know that I see enough information to justify terminating the program at this time. But, Nolan’s point that the visas might better be used for other categories as part of overall immigration reform seems like something that should be part of the discussion.

PWS

11-03-17

HEALTH NEWS — MIRACLE CURE? — Sessions “Miraculously” Regains Previously Lost Memory! — What’s His Secret?

https://www.vanityfair.com/news/2017/11/jeff-sessions-george-papadopoulos-russia

Abigail Tracy in Vanity Fair:

“Back in June, there was some cause for concern that Attorney General Jeff Sessions was having memory problems. When questioned from multiple angles during multiple appearances before Congressional investigators about the Trump campaign‘s relationship to Russia, Sessions‘s consistent refrain was: “I don’t recall.” He gave an equally evasive response when Minnesota Senator Al Franken specifically asked whether surrogates from the Trump campaign had communicated with Russians during the 2016 election in October. “I did not, and I’m not aware of anyone else that did, and I don’t believe it happened,” Sessions told the Senate Intelligence Committee under oath. (He made similar statements to the Senate Judiciary Committee.)

Now, however, Sessions has reportedly changed his tune. Citing a source familiar with Sessions’s thinking, NBC News reported on Thursday that the attorney general—who served as a top Trump surrogate and headed the then-presidential hopeful’s national security team—does in fact recall rejecting George Papadopoulos’s offer to arrange a meeting between Trump and Putin, after the Republican candidate stopped short of ruling out the idea.

. . . .

Perhaps Sessions‘s memory was jogged by mounting bipartisan calls for him to return to Capitol Hill to clarify his statements and shed light on Papadopoulos’s account. “Jeff Sessions concealed his meetings with the Russians and he had an obligation to be more forthcoming about meetings that involved Papadopoulos,” Democratic Senator Richard Blumenthal, a member of the Senate Judiciary Committee, told CNN. Senator John Cornyn, a Texas Republican, added of Sessions‘s presence at the meetings that he “certainly think[s] it’s a legitimate area of inquiry” for Congressional investigators to pursue.”

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Read the complete article at the link.

Gosh, those worried that our AG had suffered some type of permanent brain damage must be relieved to know that his loss of short-term memory, although serious, was merely temporary. Apparently, it was triggered by the stress of having to testify under oath before his former Senate colleagues.

But, never fear, Gonzo was back at it today pushing his anti-immigrant, White Nationalist, restrictionist agenda in New York.

I suspect there is more to this story. Who knows what else Gonzo might “recall” as he slowly recovers his memory.

PWS

11-02-17

THE HILL: N. RAPPAPORT SAYS CANADA MIGHT BE REGRETTING “OPEN ARMS” REFUGEE STATEMENT!

http://thehill.com/opinion/immigration/357316-canada-wakes-up-to-immigration-reality-after-a-refugees-welcome-dream

Nolan writes:

“According to an Immigration Department memorandum which was obtained by the Canadian press under Canada’s Access to Information Act, as of the end of April, there were 12,040 asylum claims, and it was viewed as likely that there would be 36,000 of them by the end of the year. If this continues, the wait time for an asylum hearing could reach 11 years by the end of 2021.

The backlog of pending asylum cases reached 24,404 in June 2017.

The Immigration and Refugee Board of Canada has deployed up to half of its capacity to address backlog claims, and it has established a process for disposing of straightforward cases with short hearings.”

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Read Nolan’s complete article over on The Hill at the above link!

PWS

10-26-17

THE HILL: N. Rappaport Believes That Expedited Removal Is the Key To Reducing The Immigration Court Backlog

http://thehill.com/opinion/immigration/356211-trumps-fast-tracked-deportations-may-be-only-practical-solution-to

Nolan writes:

“An alien who seeks admission to the United States without valid documents can be sent home without a hearing, and, this does not apply just to aliens at the border. An undocumented alien may be viewed as “seeking admission” even if he has been living here for more than a year.

But for immigration purposes, words mean whatever the Immigration and Nationality Act (INA) says they mean.

Section 235(a)(1) of the INA says that an alien who is in the United States but has not been “admitted” shall be viewed as an applicant for admission for purposes of this Act. And section 101(a)(13) of the INA says that the terms “admission” and “admitted” mean a lawful entry into the United States after an inspection and authorization by an immigration officer.

This makes it possible for DHS to use expedited removal proceedings to deport undocumented aliens who already are in the United States without giving them hearings before an immigration judge, which is necessary now because the immigration court is experiencing a backlog crisis.As of the end of August 2017, the immigrant court’s backlog was 632,261 cases, and the immigration court has only 330 immigration judges. The backlog is getting larger every year because the judges are not even able to keep up with the new cases they receive each year.

. . . .

In expedited removal proceedings, which are conducted by immigration officers, an alien who lacks proper documentation or has committed fraud or a willful misrepresentation to enter the country, can be deported without a hearing before an immigration judge, unless he has a credible fear of persecution.

Previous administrations limited these proceedings to aliens at the border and aliens who had entered without inspection but were apprehended no more than 100 miles from the border after spending less than 14 days in the country.

Trump opted to use expedited removal proceedings to the full extent authorized by law. In his Executive Order, “Border Security and Immigration Enforcement Improvements,” he orders the DHS Secretary to use the proceedings for the aliens designated in section 235(b)(1)(A)(iii)(II)of the INA, i.e., aliens who are in the United States but were not lawfully admitted and cannot establish that they have been here continuously for two years.

If an alien wants an asylum hearing before an immigration judge, he has to establish to the satisfaction of an asylum officer that he has a credible fear of persecution. If the asylum officer is not persuaded, the alien can request an abbreviated review by an immigration judge, which usually is held within 24 hours.

Immigration officers should not be making unreviewable decisions about whether to deport someone who has lived in the United States for up to two years. I would prefer replacing the immigration officers with immigration judges for proceedings involving aliens who are already in the United States.

Expedited removal proceedings are not used for unaccompanied alien children.

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVRPA) exempts certain unaccompanied alien children (UAC) from expedited removal proceedings.

Trump has asked Congress to amend the TVRPA to restrict the unaccompanied alien children protections. In the meantime, steps are being taken to deter parents from bringing their children here illegally.

ICE will be putting the parents of UACs in removal proceedings if they are undocumented aliens too, and if a smuggler was paid, they might be prosecuted for human trafficking.

Immigrant advocates still have time to work with Trump on immigration reform legislation, but once Trump has implemented an expanded expedited removal proceedings program, he is not going to be inclined to stop it. And it could start soon. He recently issued a Request for Information to identify multiple possible detention sites for holding criminal aliens and other immigration violators.”

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Read Nolan’s full article over on The Hill at the above link.

I have no doubt that the Trump Administration will attempt to “max out’ the use of expedited removal. Interestingly, however, although the Executive Order referenced by Nolan was issued at the beginning of the Administration, the regulatory changes necessary to expand the use of expedited removal have not yet been published in the Federal Register. A change of this nature is likely to require full notice and comment, which will take some time. If the Administration tries to avoid the notice and comment process, that will be likely to give advocates a valid ground for challenging the revised regulation under the Administrative Procedures Act.

I also doubt that expedited removal can successfully address the current Immigration Court backlog, which is, after all, largely the result of incompetent management, poor enforcement choices, and “ADR” by politicos at the DOJ, including particularly in this Administration. Without removing the political influence over the Immigration Courts and placing them in an independent structure that can be professionally administered in an unbiased manner, no “docket reform” is likely to succeed..

Second, nearly all of the 10-11 million individuals currently in the U.S. without documentation have been here more than two years and can prove it. Indeed, the vast majority of the 630,000+ cases pending in Immigration Court have probably been on the docket for more than two years!

Third, like Nolan, I believe that “Immigration officers should not be making unreviewable decisions about whether to deport someone who has lived in the United States for up to two years.” Individuals living in the United States are entitled to constitutional due process under Supreme Court decisions. A fair hearing before an impartial adjudicator normally is a minimum requirement for due process. A DHS Immigration Officer is not an impartial judicial or quasi-judicial adjudicator.

The situations in which the Federal Courts have permitted DHS Immigration Officers to enter final removal orders against individuals who are “in the United States” (as opposed to at the border, in fact or “functionally”) are fairly limited. One is the situation of an individual who was never admitted as a Lawful Permanent Resident and who committed an aggravated felony. This doesn’t apply to most individuals in the U.S. without documentation.

As Nolan points out, the Federal Courts have also approved “expedited removal” under the current regulations which limit applicability to those who have been here fewer than 14 days and are apprehended within 100 miles of the border — in other words, those who have very minimal connection with the U.S. and have not established any type of “de facto” residence here. In making those limited (but still probably wrong from a constitutional standpoint) decisions some courts have indicated that they would have reservations about reaching the same result in the case of someone who had actually been here for a considerable period of time and had established a residence in the United States.

For example, in Castro v. DHS, 835 F.3d 433 (3rd Cir. 2016), cert. denied, a case upholding expedited removal under the current regulations, the court states:

Of course, even though our construction of § 1252 means that courts in the future will almost certainly lack statutory jurisdiction to review claims that the government has committed even more egregious violations of the expedited removal statute than those alleged by Petitioners, this does not necessarily mean that all aliens wishing to raise such claims will be without a remedy. For instance, consider the case of an alien who has been living continuously for several years in the United States before being ordered removed under § 1225(b)(1). Even though the statute would prevent him from seeking judicial review of a claim, say, that he was never granted a credible fear interview, under our analysis of the Suspension Clause below, the statute could very well be unconstitutional as applied to him (though we by no means undertake to so hold in this opinion). Suffice it to say, at least some of the arguably troubling implications of our reading of § 1252 may be tempered by the Constitution’s requirement that habeas review be available in some circumstances and for some people.

Here’s a link to the full Castro opinion and my previous blog on the decision:

http://wp.me/p8eeJm-IG

I predict that, as in other areas, by “pushing the envelope” on the expedited removal statute, the Trump Administration will eventually force the Federal Courts, including the Supreme Court, to find it unconstitutional at least in some applications.

The Administration would be smarter to go about Immigration Court docket reduction by limiting new enforcement actions to recent arrivals and those who have engaged in activities that endanger the public health and safety, similar to what the Obama Administration did. This should be combined with a realistic legalization proposal and return to a robust use of prosecutorial discretion (“PD”) that would remove many of the older, nonprioty cases from the docket.

Eliminating rights, “fudging” due process, and pretending like judicial and quasi-judicial resources are infinitely expandable will not solve the problem in the long run. It’s time for some “smart” immigration enforcement and action to reform the Immigration Courts into an independent court system. But, I’d ever accuse the Trump Administration of being “smart,” particularly in the area of immigration policy.

PWS

10-19-17

DREAMER UPDATE: N. Rappaport Says 47 Mi. Of “Trump‘s Wall” Is An Acceptable Price For Dems To Pay To Save “Dreamers” — CNN’S Tal Kopan Says GOP House Might Go With Own “Dreamer Bill” (Once Again) Excluding Dems!

http://thehill.com/opinion/immigration/354585-democrats-take-trumps-daca-deal-to-save-some-from-deportation

Nolan writes in The Hill:

“Realistically, it is not going to be possible to work with Trump on a permanent DACA program without providing the funds he needs to at least start the construction of his wall, but this does not have to be a deal breaker.

Get him started with funding to complete the last 47 miles of the border fencing that was mandated by the Secure Fence Act of 2006, which was passed in the Senate 80 to 19. The yeas included current Senate party leaders Mitch McConnell (R-Ky.) Schumer and former Senators Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.).

As amended by section 564 of the Consolidated Appropriations Act, 2008, it requires DHS to “construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective.” DHS only completed 653 miles of the authorized fencing.

Finishing this project would give Trump a chance to show what he can do and provide a reliable basis for estimating the cost of a wall along the entire length of the Southwest border.

The alternative to finding a compromise is to abandon the tentative agreement and let the Democrats continue their endless stream of complaints about Trump, which won’t improve Congress’ approval ratings or save any of the DACA participants from being deported.”

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Go on over to The Hill to read Nolan’s complete article, which is well worth it whether you agree or not.

I basically agree with what Nolan has said above. While recognizing the emotional and political difficulties behind the Democrats giving on any “Wall Issue,” 47 miles of fencing in return for saving the lives and futures of nearly one million American young people is a reasonable trade-off. Unlike a “Full Wall,” the 47 miles has some bipartisan historical precedent and might be at least somewhat helpful to the Border Patrol in securing the border. Trump has to get something out of this for his “base” to offset their qualms about a “Dreamer Deal.” And the Democrats still reserve their right to “dig in” on other “Wall Issues” that won’t be going away as long as Trump is President. Plenty of room for the Democrats to posture to their base in the future, plus take credit for saving the Dreamers.

I think the Democrats should include as many Dreamers in the bill as possible. Since these residents are good for America, the more that are included the better for all of us. I would also reject inserting any “points system” into the process. That’s a bad idea (part of the “restrictionist agenda”) that Democrats should emphatically reject. I had all sorts of folks come though my courtroom in my thirteen years on the bench. I’d never say that the doctors, teachers, and computer scientists were “better” or “more valuable” for America than the bricklayers, landscapers, taxi drivers, maids, and sandwich artists. They are all contributing in important ways. The elitist “point system’ is simply another part of the bogus white restrictionist agenda.

I can’t agree with Nolan that there is anything that the Democrats can realistically do with Trump’s White Nationalist “wish list” on larger immigration reform. It’s a toxic and offensive compendium of truly reprehensible measures that will either diminish the legal and human rights of the most vulnerable migrants or send America in a totally wrong direction by restricting legal immigration at a time when it should be expanded. Just nothing there that’s realistic or morally acceptable, as you might expect when White Nationalists like Sessions, Miller, and Banning get their hands on immigration policy.

Although clearly outnumbered at present, the Democrats do have two “Trump Cards” in their hand.

First, no matter how much cruel, inhumane, and wasteful “Gonzo” enforcement the Trump-Sessions-Homan crowd does, they won’t be able to make much of a dent in the 10-11 million population of undocumented workers during the Trump Administration, be that four or eight years. That means most of those folks aren’t going anywhere. It’s just a question of whether they work legally and pay taxes or work under the table where most of them probably won’t be able to pay taxes. So the issue will still be around, looking for a more constructive solution whenever “Trumpism” finally ends.

Second, no amount of Gonzo restrictionism can stop additional needed foreign workers from coming in the future as long as there 1) is an adequate supply, and 2) are U.S. industries that demand their services — and there clearly will continue to be. Employer sanctions won’t stop undocumented migration. We’ve already proved that. About the most the restrictionists can do is change the cost equation, making the cost of importing documented and undocumented workers more expensive to U.S. employers while enriching and enlarging international human smuggling operations. Restrictionists are international smuggling cartels’ “best friends,” at least up to a point.

It is, however, possible, that legal immigration restrictions enacted into law could eventually raise the costs of obtaining foreign labor, both documented and undocumented, to the point where it becomes “not cost-effective.” The cost of legal foreign labor would simply become too great and the supply too small. Meanwhile, over on the undocumented side, workers would have to pay smugglers more than they could anticipate making by working in the U.S.; there would come a point when it would not be cost-effective for U.S. employers to raise wages for undocumented workers any further.

At that point, the U.S. agriculture, tourism, hospitality, and entertainment industries, as well as other service industries heavily dependent on legal and undocumented foreign labor would start to disappear. They would soon be joined by technology, education, and other “STEM type” industries that need more qualified legal foreign labor than the restrictionists would be willing to provide. At that point, the country would go into economic free-fall, entirely attributable to the GOP restrictionists. The Democrats could come back into power, and eventually restore economic order with the necessary sane expansion of legal immigration opportunities.

It’s certainly a scenario that most Americans should want to avoid. But, as long as our government is controlled by restrictionists with overriding racial and political motivations, rather than by those searching for the “common good,” successful immigration reform might well be out of reach. And no “White Nationalist Manifestos” such as the Trump White House just issued are going to change that.

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http://www.cnn.com/2017/10/11/politics/daca-negotiations-congress-latest/index.html

Meanwhile, over at CNN, Tal Kopan reports on the House GOP’s “own plan” for a “non-bi-partisan” Dreamer Bill, which, of course, would be DOA in the Senate.

Tal writes:

“Washington (CNN)A key House Republican involved in immigration negotiations said Wednesday that he expects his chamber will pass a bill with only GOP votes — and would include some version of a border wall — even as Democrats dismiss the idea that such a deal could reach the President’s desk.

Texas Rep. John Carter is a member of the House Republican immigration working group set up by House Speaker Paul Ryan to figure out a path forward for the Deferred Action for Childhood Arrivals program, an Obama-era policy that protected young undocumented immigrants brought to the US as children from deportation, which President Donald Trump has decided to end.

Carter told reporters in the Capitol that he expects what comes out of those meetings to be Republican-only and to include at least something for Trump’s controversial border wall.

“I think we will have a wall factor in the bill and I don’t think we will get a single Democrat vote,” Carter said about the discussions.

How serious is Trump on DACA?

Democrats have said any wall funding would be a nonstarter for negotiations, and Trump has suggested he’d consider separating the wall from the debate, though the White House has said it’s a priority.

close dialog

Carter declined to talk about the internal deliberations of the group, but said, “we are trying to come up with solutions which will not only be good for the DACA people but will also be good for America.”

Sources familiar with the workings of the group, which includes Republicans from across the spectrum of ideology in the party, say that while the group has been meeting and discussions are happening among members, the rough outline of a deal has yet to form.

Republicans may aspire to be able to use its House majority to pass the bill but will almost certainly lose some members over any legalization of DACA recipients, and could lose more moderates or conservatives depending on how a deal takes shape. For any bill to pass the Senate, it will need Democratic votes to clear the 60-vote filibuster threshold.

White House lays out DACA deal asks

When Trump announced in early September he was ending DACA, Ryan created the group to attempt to gain consensus on the thorny issue. Trump urged Congress to act and protect DACA recipients, but has also called for border security and immigration enforcement with it. Sunday night, the White House released a laundry list of conservative immigration principles that House Minority Leader Nancy Pelosi on Wednesday dismissed as “trash” and coming from a place of “darkness and cruelty.”

Trump created a six-month window for Congress to act by offering DACA permits that expire before March 5 one month to renew for a fresh two years, postponing any DACA expirations until March.

On Wednesday, the Department of Homeland Security said it was still finalizing numbers but that at least 86% of those DACA recipients eligible to renew had applications in by the October 5 deadline. Roughly 132,000 of the 154,000 eligible recipients had applied, spokesman David Lapan said, but that could leave thousands of recipients losing protections before March.

DHS explores ways to transform immigration system without Congress

As for the strategy of the House to pass a Republican-only bill, Carter acknowledged that there was a concern the group’s proposal couldn’t pass the Senate but said the other chamber needs “to get their work done” and he hoped both the House and Senate could hammer out a final compromise.

But Pelosi criticized the strategy when asked by CNN what she thought of Carter’s comments.

“That would not be a good idea,” Pelosi said. “Why would they go to such a place? It is really, again, another act of cruelty if they want to diminish a bill in such a way. And they still have to win in the Senate.”

California Democratic Rep. Zoe Lofgren, a longtime key House Democrat on any immigration policy, said that no serious negotiations have occurred between parties and moving forward alone would be Republicans’ prerogative but not necessarily successful.

“I like (Carter), I have no idea what they’re looking at, and if we were really having negotiations, we would be talking to each other,” Lofgren told CNN. “If they have the votes to pass something, they have the capacity to do that. How they get 60 votes in the Senate, who knows.”

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Another unilateral House GOP proposal that will be DOA in the Senate. Really, these guys don’t earn their salaries.

Stay tuned.

PWS

10-12-17

NEW FROM THE HILL: N. RAPPAPORT SAYS “NO” TO MOST OF CAL SB 54, BUT WOULD LIKE TO FIND A COMPROMISE LEGISLATIVE SOLUTON TO HELP DREAMERS AND OTHER UNDOCUMENTED RESIDENTS!

http://www.huffingtonpost.com/entry/59dad902e4b08ce873a8cf53

In encourage you to go over to The Hill at the above link and read Nolan’s complete article. As always, whether you agree with Nolan or not, his articles are always thought-provoking and timely. Nolan is definitely a “player” in the immigration dialogue! (And, frankly, by going over to The Hill, Nolan gets a few more “hits” which give him a few more “hard-earned nickels” in his pockets. Gotta help out my fellow retirees!)

I can agree with Nolan’s bottom line:

“It would be better to help undocumented aliens by working on comprehensive immigration reform legislation that meets essential political needs of both parties.”

The challenge will be figuring out what those points might be. So far, the GOP “Wish List” is basically an “incendiary White Nationalist screed” drafted by notorious racist xenophobe Stephen Miller (probably with backing from Sessions and certainly incorporating parts of Steve Bannon’s alt-right White Nationalist world view) that contains virtually nothing that any Democrat, or indeed any decent person, could agree with. Indeed, the very involvement of Miller in the legislative process is a “gut punch” to Democrats and whatever “moderate GOP” legislators remain.

What are some “smart enforcement” moves that Democrats could agree with: more funding for DHS/ICE technology; improvements in hiring and training for DHS enforcement personnel; U.S. Immigration Court reforms; more attorneys and support (including paralegal support) for the ICE Legal Program; more funding for “Know Your Rights” presentations in Detention Centers.

But more agents for “gonzo enforcement,” more money for immigration prisons (a/k/a the “American Gulag”), and, most disgustingly, picking on and targeting scared, vulnerable kids seeking protection from harm in Central America by stripping them of their already meager due process protections: NO WAY!

Although “The Wall” is a money wasting folly with lots of negative racial and foreign policy implications, it probably comes down to a “victory” that Democrats could give to Trump and the GOP without actually hurting any human beings, violating any overriding principles of human rights law, or diminishing Constitutional Due process. It also inflicts less long-term damage on America than a racially-oriented “point system” or a totally disastrous and wrong-headed decrease in legal immigration when the country needs the total opposite, a significant increase in legal immigration opportunities, including those for so-called “unskilled labor.”

While this GOP Congress will never agree to such an increase — and therefore workable “Immigration Reform” will continue to elude them — the Democrats need to “hold the line” at current levels until such time as Americans can use the ballot box to achieve a Congress more cognizant of the actual long-term needs of the majority of Americans.

PWS

10-09-17

BRINGING OUR CONSTITUTION BACK TO LIFE — AN IMPORTANT FIRST STEP: “JAYAPAL, SMITH INTRODUCE LEGISLATION TO REFORM IMMIGRATION DETENTION SYSTEM!”

https://www.theindianpanorama.news/unitedstates/jayapal-smith-introduce-legislation-reform-immigration-detention-system/

From Indian Panorama:

“WASHINGTON (TIP): Congressman Adam Smith (WA-09) and Indian American Congresswoman Pramila Jayapal (WA-07) introduced, on Oct 3, the Dignity for Detained Immigrants Act, legislation to reform the systemic problems in immigration detention system. This bill will end the use of private facilities and repeal mandatory detention, while restoring due process, oversight, accountability, and transparency to the immigration detention system.

“The high moral cost of our inhumane immigration detention system is reprehensible. Large, private corporations operating detention centers are profiting off the suffering of men, women and children. We need an overhaul,” said Congresswoman Jayapal. “It’s clear that the Trump administration is dismantling the few protections in place for detained immigrants even as he ramps up enforcement against parents and vulnerable populations. This bill addresses the most egregious problems with our immigration detention system. It’s Congress’ responsibility to step up and pass this bill.”

“We must fix the injustices in our broken immigration detention system,” said Congressman Adam Smith. “As the Trump administration continues to push a misguided and dangerous immigration agenda, we need to ensure fair treatment and due process for immigrants and refugees faced with detention. This legislation will address some of the worst failings of our immigration policy, and restore integrity and humanity to immigration proceedings.”

In addition to repealing mandatory detention, a policy that often results in arbitrary and indefinite detention, the legislation creates a meaningful inspection process at detention facilities to ensure they meet the government’s own standards. The bill requires the Department of Homeland Security (DHS) to establish legally enforceable civil detention standards in line with those adopted by the American Bar Association. With disturbing track records of abuse and neglect, DHS has a responsibility to ensure that facilities are held accountable for the humane treatment of those awaiting immigration proceedings.

Individuals held in immigration detention system are subject to civil law, but are often held in conditions identical to prisons. In many cases, detained people are simply awaiting their day in court. To correct the persistent failures of due process, the legislation requires the government to show probable cause to detain people, and implements a special rule for primary caregivers and vulnerable populations, including pregnant women and people with serious medical and mental health issues.”

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

Since these guys are Democrats, their bill is obviously DOA. But, it is important to start “laying down markers” — even symbolic ones — for the future.

As a former administrative judge who was required to administer and enforce mandatory detention (under DOJ rules, we were not permitted to consider the constitutionality of the mandatory detention statutes and the DHS implementing regulations) for the better part of two decades, I can assure you that it was a totally unnecessary, grossly wasteful, and stunningly unhumane blot on our national conscience and our reputation as a nation that adheres to principles of simple human decency.

There is absolutely no reason why U.S. Imigration Judges cannot determine who needs to be detained as a flight risk or a danger to the community and who doesn’t! But, for that to happen, we also need an independent Article I U.S. Immigration Court not beholden to the Attorney General (particularly one like Jeff “Gonzo Apocalypto” Sessions with a perverse ignorance of Constitutional protections, an overwhelming bias against immigrants, and a record largely devoid of notable acts of human decency.)

Every study conducted during the last Administration, including DHS’s own Advisory Committee, found serious problems and inadequate conditions in private detention and recommended that it be eliminated. Former Attorney General Loretta Lynch actually announced an end to private detention for criminals. Yet, remarkably and unconscionably, the response of the Trump Administration, led by Gonzo Apocalypto, was to double down and expand the use of expensive, inhumane private detention for convicted criminals and for “civil” immigration detainees whose sole “crime” is to seek justice from the courts in America.

Thanks much to Nolan Rappaport for sending this in!

PWS

10-06-17

THE HILL: N. Rappaport Says DHS Search Of Social Media Is Likely Legal

http://thehill.com/opinion/immigration/353479-homeland-securitys-social-media-searches-dont-actually-violate-privacy

Nolan writes:

“Homeland Security searching some social media doesn’t violate privacy

The Department of Homeland Security (DHS) has posted a new rule on the Federal Register which authorizes adding information from an alien’s social media sites to the files that are kept in his/her official immigration records, such as “social media handles, aliases, associated identifiable information, and search results.”

The official immigration records are known as “A-Files.”

The social media sites will be searched for information which pertains to granting aliens a visa or some other type of immigration benefit, and this almost certainly will lead to social media searches of the American citizens and lawful permanent residents who sponsor them.

For instance, if a citizen files a visa petition to accord immediate relative status to his alien spouse, and information on the spouse’s Facebook site indicates that the marriage is a sham, DHS will search the citizen petitioner’s Facebook site for additional information to assist in determining whether the marriage really is a sham.
But the most important reason is to identify terrorists, and this is the reason that prompted 26 senators to ask DHS to search social media sites after the San Bernardino terrorist attack.

. . . .

The Electronic Frontier Foundation and the ACLU have filed a lawsuit to stop DHS from searching mobile electronic devices at the border in violation of the Fourth Amendment to the U.S. Constitution. I expect them to challenge social media checks on the same basis.

The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” But this only applies to situations where an individual has “a reasonable expectation of privacy,” which is not an easy concept to apply to social media information.

In any case, there is no expectation of privacy in immigration processes. Most, and perhaps all, of the persons involved in immigration processes have to authorize DHS to investigate them and the information they provide.

For instance, an American citizen or lawful permanent resident who files a visa petition for a relative has to fill out a Form I-130 Petition for Alien Relative, which requires extensive information about the petitioner, his/her spouse, and his/her parents. It requires similar information about the alien who is the beneficiary of the petition.

The petitioner also has to authorize the release of information that is needed for the adjudication of the petition, or that is “necessary for the administration and enforcement of U.S. immigration laws.”

The Form DS-160 Application for a Nonimmigrant Visa requires even more information, and it should be apparent to aliens applying for a visa that they are subject to background investigations.

I am not convinced, therefore, that social media searches violate privacy rights, and the San Bernardino terrorist attack has shown that information on social media sites can help DHS to identify terrorists before they strike.

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

Go over to The Hill at the link to read Nolan’s complete analysis.

I guess the message here is that if you want privacy, stay off of social media. Otherwise, user beware!

PWS

10-02-17

THE HILL: N. RAPPAPORT ON WHAT IT WILL TAKE TO CLOSE THE DEAL ON DREAMERS

http://thehill.com/opinion/immigration/352155-if-democrats-insist-on-chain-migration-theyll-kill-the-dream-act

Nolan writes:

“According to Migration Policy Institute estimates, potentially 3,338,000 aliens would be able to qualify for conditional lawful status under H.R.3440, which leads to permanent resident status, and chain migration would make the number much larger.

Moreover, chain migration would make it possible for the DREAMers to pass on legal status and a path to citizenship to the parents who brought them to the United States in violation of our laws, which is sure to be unacceptable to many Republicans.

The chain migration issue does not just apply to a DREAM Act. If it is allowed to block passage of a DREAM Act, it is likely to become an obstacle to every legalization program from now on, and for most undocumented immigrants, there is not going to be another way to obtain lawful permanent resident status.”

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

Read Nolan’s complete analysis over at The Hill at the link.

I’m far removed from the days when I had a sense of what’s happening on the Hill. So, if Nolan says that the Dems will have to give on family migration for Dreamers to cut a deal to save them in a GOP-controlled Congress in a Trump presidency, maybe that’s true. Gotta do what you have to do to save lives and preserve America’s future.

But, I do know something about the bogus term “chain migration” It’s a pejorative term coined by restrictionists to further their racial and ethnic agenda.

Chain migration is simply legal family migration, a process that has been ongoing for at least half a century and has done nothing but good things for America. Of course, it makes sense to give preferred treatment to those with family already in the U.S. Of course, having family here helps folks adjust, prosper, and contribute. It’s a win-win. Studies by groups not associated with a restrictionist agenda confirm that.

Moreover, unlike the folks pushing the restrictionist agenda, I actually have seen first-hand the highly positive results of family-based legal immigration for years in Immigration Court. It brings really great folks into our society and allows them to contribute fully to the success of America, and particularly our local communities.

If we want more skills-based immigration, that’s also a good idea. But, that doesn’t require a corresponding cut in family immigration. Immigration is good for America. It’s not a “zero-sum game,” although restrictionists would like us to think so.

The GOP position on parents of Dreamers is absurd. Those folks are already here and contributing to our society and our communities. Many have been here for decades. They are not going anywhere notwithstanding the rhetoric of the restrictionists and the Trump Administration. Other than picking on Dreamers once they become citizens, what could we as a country possibly gain by such an absurd and punitive measure directed against productive long term residents?

I think it is worth considering what pushing for unnecessary and harmful restrictions on family migration says about the real motivations of today’s GOP and its apologists.

PWS

09-24-17

TAL KOPAN IN CNN: HUMAN RIGHTS TRAVESTY — According To U.S. State Department’s Info, Sudan Remains One Of The Most Dangerous And Violent Countries In The World — But, Reality Isn’t Stopping The Trump Administration From Ending TPS Protection! -“I mean look what’s going on in Sudan,” [Rep. Zoe] Lofgren [D-CA] said. “If that is a wise decision, what’s an unwise one?”

http://www.cnn.com/2017/09/18/politics/sudan-tps-decision-dhs/index.html

Tal writes:

“Washington (CNN)The Trump administration on Monday announced an end to protections for Sudanese immigrants, a move that advocates fear could be a sign of things to come.

The Department of Homeland Security announced Monday afternoon that it would be ending Temporary Protected Status for Sudan after a 12-month sunset period. It opted to extend, however, Temporary Protected Status for South Sudan, which gained its independence in 2011, through May 2019.
The decision was overdue. By law, decisions on TPS designations are required 60 days before an expiration deadline. With both countries’ status set to expire on November 2, the decision was due September 3. DHS said it made a decision in time, but kept it quiet for more than two weeks and did not respond to requests for an explanation.
While the decision on the future of Temporary Protected Status for Sudanese and South Sudanese immigrants only affects just over 1,000 people in the US, the decision is being closely watched as a harbinger of where the administration will go on upcoming TPS decisions that affect more than 400,000 people in the US.
Under Acting DHS Secretary Elaine Duke’s direction on Monday, recipients of protections from Sudan will be allowed to remain protected from deportation and allowed to work under the program until November 2, 2018, during which they are expected to arrange for their departure or seek another immigration status that would allow them to remain in the US.
Individuals from South Sudan will be able to extend their status until May 2, 2019, when DHS will make another decision on their future based on conditions in the country.
According to USCIS data, at the end of 2016 there were 1,039 temporarily protected immigrants from Sudan in the United States and 49 from South Sudan.
Temporary Protected Status is a type of immigration status provided for by law in cases where a home country may not be hospitable to returning immigrants for temporary circumstances, including in instances of war, epidemic and natural disaster.
While DHS did not explain the delay in publicizing the decision, which the agency confirmed last week was made on time, the law only requires “timely” publication of a TPS determination. The decision was made as the administration was preparing to announce the end of the Deferred Action for Childhood Arrivals program, or DACA, a popular program that has protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation since 2012.

Some of the affected individuals have been living in the US for 20 years. TPS is not a blanket protection — immigrants have to have been living in the US continuously since a country was “designated” for TPS in order to qualify.

For example, Sudan was first designated in 1997 and was re-designated in 1999, 2004 and 2013, meaning people had opportunities to apply if they’ve been living in the US since any of those dates. South Sudan’s TPS was established in 2011 and had re-designations in 2014 and 2016.
Both countries were designated for TPS based on “ongoing armed conflict and extraordinary and temporary conditions.”

The situation in Sudan has improved in recent years, but there are still concerns about its stability and human rights record. In January, outgoing President Barack Obama eased sanctions on Sudan but made some moves contingent upon further review. President Donald Trump has extended that review period. South Sudan, meanwhile, remains torn by conflict.

Advocates for TPS have expressed fear that if the administration were to begin to unwind the programs, it could be a sign of further decisions to come. In the next six months, roughly 400,000 immigrants’ status will be up for consideration, including Central American countries like El Salvador that have been a focus of the Presidents’ ire over illegal immigration and gang activity.
close dialog

California Rep. Zoe Lofgren, the top Democrat on the immigration subcommittee for the House Judiciary Committee, said in an interview before the decision that ending Sudan’s protections could be a sign of more to come.

“I mean look what’s going on in Sudan,” Lofgren said. “If that is a wise decision, what’s an unwise one?”

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

Let’s take a closer look at some of those supposedly “improved conditions,” using the Government’s own information, the U.S. Department of State’s latest (2016) Country Report on Human Rights Conditions for Sudan:

“The three most significant human rights problems were inability of citizens to choose their government, aerial bombardments of civilian areas by military forces and attacks on civilians by government and other armed groups in conflict zones, and abuses perpetrated by NISS with impunity through special security powers given it by the regime. On January 14, the government launched an intensive aerial and ground offensive against Sudan Liberation Army-Abdul Wahid (SLA/AW) strongholds in the Jebel Marra area of Darfur. This operation displaced more than 44,700 persons by January 31, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). In February the government established in Darfur a suboffice of the National Human Rights Commission to enhance the commission’s capacity to monitor human rights in Darfur. Meanwhile, ground forces comprising Rapid Support Forces (RSF) and Border Guards carried out attacks against more than 50 villages in an attempt to dislodge the armed opposition. Attacks on villages often included killing and beating of civilians; sexual and gender-based violence; forced displacement; looting and burning entire villages; destroying food stores and other infrastructure necessary for sustaining life; and attacks on humanitarian targets, including humanitarian facilities and peacekeepers. In September, Amnesty International issued a report alleging that, through September the government engaged in scorched-earth tactics and used chemical weapons in Jebel Marra, Darfur. UN monitors were unable to verify the alleged use of chemical weapons, due in part to lack of access to Jebel Marra, including by rebel commanders loyal to Abdel Wahid. By year’s end the Organization for the Prohibition of Chemical Weapons (OPCW) had not been presented with sufficient corroborating evidence to conclude chemical weapons had been used. The NISS continued to show a pattern of widespread disregard for rule of law, committing major abuses, such as extrajudicial and other unlawful killings; torture, beatings, rape and other cruel or inhuman treatment or punishment; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; incommunicado detention; prolonged pretrial detention; obstruction of humanitarian assistance; restrictions on freedom of speech, press, assembly,association, religion, and movement; and intimidation and closure of human rights and nongovernmental organizations (NGOs). Societal abuses included discrimination against women; sexual violence; female genital mutilation/cutting (FGM/C); early childhood marriage; use of child soldiers; child abuse; sexual exploitation of children; trafficking in persons; discrimination against ethnic and religious minorities, persons with disabilities, and persons with HIV/AIDS; denial of workers’ rights; and child labor. Government authorities did not investigate human rights violations by NISS, the military or any other branch of the security services, with limited exceptions relating to the national police. The government failed to adequately compensate families of victims of shootings during the September 2013 protests, make its investigations public, or hold security officials accountable. Impunity remained a problem in all branches of the security forces.

. . . .

The 2005 Interim National Constitution prohibits torture and cruel, inhuman, and degrading treatment, but security forces, government-aligned groups, rebel groups, and ethnic factions continued to torture, beat, and harass suspected political opponents, rebel supporters, and others. In accordance with the government’s interpretation of sharia (Islamic law), the penal code provides for physical punishments, including flogging, amputation, stoning, and the public display of a body after execution, despite the constitution’s prohibitions. With the exception of flogging, such physical punishment was rare. Courts routinely imposed flogging, especially as punishment for the production or consumption of alcohol. The law requires police and the attorney general to investigate deaths on police premises, regardless of suspected cause. Reports of suspicious deaths in police custody were sometimes investigated but not prosecuted. For example, in November authorities detained a man upon his return from Israel. He died while in custody, allegedly from falling out a window, although the building had sealed windows. The president called on the chief prosecutor and chief justice to ensure full legal protection of police carrying out their duties and stated that police should investigate police officers only when they were observed exceeding their authority. Government security forces (including police, NISS, and military intelligence personnel of the Sudanese Armed Forces (SAF)) beat and tortured physically and psychologically persons in detention, including members of the political opposition, civil society, religious activists, and journalists, according to civil society activists in Khartoum, former detainees, and NGOs. Torture and other forms of mistreatment included prolonged isolation, exposure to extreme temperature variations, electric shock, and use of stress positions. Some female detainees alleged NISS harassed and sexually assaulted them. Some former detainees reported being injected with an unknown substance without their consent. Many former detainees, including detained students, reported being forced to take sedatives that caused lethargy and severe weight loss. The government subsequently released many of these persons without charge. Government authorities detained members of the Darfur Students Association during the year. Upon release, numerous students showed visible signs of severe physical abuse. Government forces reportedly used live bullets to disperse crowds of protesting Darfuri students. There were numerous reports of violence against student activists’ family members.

Security forces detained political opponents incommunicado, without charge, and tortured them. Some political detainees were held in isolation cells in regular prisons, and many were held without access to family or medical treatment. Human rights organizations asserted NISS ran “ghost houses,” where it detained opposition and human rights figures without acknowledging they were being held. Such detentions at times were prolonged. Journalists were beaten, threatened, and intimidated (see section 2.a.). The law prohibits (what it deems as) indecent dress and punishes it with a maximum of 40 lashes, a fine, or both. Officials acknowledged authorities applied these laws more frequently against women than men and applied them to both Muslims and non-Muslims. Courts denied some women bail, although by law they may have been eligible. There were numerous abuses reported similar to the following example: On June 25, the Public Order Police arrested several young women and men in Khartoum under the Public Order Act for “indecent dress.” During the sweep, all women who did not have their hair covered were taken into custody. The Public Order Police further arrested two young men for wearing shorts. According to NGO reports, the Public Order Police released the young women and men later the same day without charges.

Security forces, rebel groups, and armed individuals perpetrated sexual violence against women throughout the country; the abuse was especially prevalent in the conflict areas (see section 1.g.). As of year’s end, no investigations into the allegations of mass rape in Thabit, Darfur, had taken place (see section 6).”

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

What I’ve set forth above is just a small sample of some of the “lowlights.” Virtually every paragraph of the Country Report is rife with descriptions of or references to gross abuses of Human Rights.

Clearly, these are not the type of “improved country conditions” that would justify the termination of TPS for Sudan. Moreover, since it affects only 1,000 individuals, there are no overriding policy or practical reasons driving the decision.

No, the Administration’s totally disingenuous decision is just another example of wanton cruelty, denial of established facts, and stupidity. Clearly, this is an Administration that puts Human Rights last, if at all.

As pointed out by Nolan Rappaport in a a recent post, the best solution here is a legislative solution that would provide green cards to long-time “TPSers” through the existing statutory device of “registry.” With some lead time to work on this, hopefully Lofgren can convince enough of her colleagues to make it happen.

Here’s a link to Nolan’s proposal:

http://immigrationcourtside.com/2017/09/14/the-hill-n-rappaport-suggests-legislative-solutions-for-long-term-tpsers/

PWS

09-19-17

THE HILL: N. RAPPAPORT SUGGESTS LEGISLATIVE SOLUTIONS FOR LONG-TERM “TPSers!”

http://thehill.com/opinion/immigration/350668-with-dreamers-out-bring-immigrants-under-temporary-protection-status-in

Nolan writes:

“The Temporary Protected Status program (TPS) provides refuge in the United States to more than 300,000 aliens from a total of 13 countries: El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria, and Yemen.

They are supposed to leave when it is safe for them to return to their own countries, but it can take many years for conditions in their countries to improve. The need for TPS can last for decades.

It does not include a path to permanent resident status, but should aliens who have lived in the United States for decades be required to leave when their TPS is terminated?

Rep. Zoe Lofgren (D-Calif.) says that at some point they have been here so long that they should be allowed to remain permanently: “There should be some rational way to transition people who have been here for a long time … who because of the length of their stay have basically become valued members of our community.”

. . . .

An alien is free to apply for other types of immigration status while he has TPS.

So, should congress make permanent resident status available to TPS aliens when conditions in their countries keep them here an exceptionally long time?

I agree with Lofgren that at some point, TPS aliens have been living here so long that it no longer makes sense to send them back to their own countries.

The best solution would be to change the TPS provisions to make some form of permanent status available when aliens are forced to remain for exceptionally long times because conditions in their countries do not improve, but that might not be possible.

One of the TPS provisions imposes a limitation on consideration in the Senate of legislation to adjust the status of aliens who have TPS. It provides that it shall not be in order in the Senate to consider any bill or amendment that provides for adjustment to lawful temporary or permanent resident status for TPS aliens, or has the effect of amending the TPS provisions in any other way.

This restriction can be waived or suspended with an affirmative vote from three-fifths of the senators, which is known as a “supermajority vote.”

But there is an alternative that would not require changing the TPS provisions.

The Registry legalization program, which was established in 1929, makes lawful permanent resident status available to qualified aliens who entered the United States before January 1, 1972; have resided in the United States continuously since such entry; and have good moral character.

An update of the registry cutoff point is long overdue. It has not been changed since it was set at 1972, by the Immigration Reform and Control Act of 1986 (IRCA).

The change would apply to all undocumented aliens who can meet the eligibility requirements.”

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

Read Nolan’s complete article, which contains a very succinct and helpful explanation of TPS which I omitted above, over at The Hill.

I think that Nolan has hit it on the head here! There is virtue in using existing administrative processes to deal with new issues. And, as he points out, “Registry” is there for the taking, and it’s been 30 years since it was updated!

Recollection: Understandably, we didn’t see very many “Registry” cases during my tenure at the Arlington Immigration Court (2003-16). But the rare ones we did receive always received “waivers” of the “no business at lunch rule” because they always involved such interesting human stories. I never came across one myself. But, I think that my colleagues who did always felt like they had discovered a “nugget of gold” in the least expected place! It would also help the Immigration Courts because most of the Registry cases (like the TPS cases) could be adjudicated over at USCIS, thereby reducing “docket pressure.” Bring back Registry! Yea Nolan!

PWS

09-14-17

BREAKING: CAN WE BELIEVE THIS? — NBC Reports That Trump & Dems Cut Deal To Save Dreamers Over Dinner!!!

http://www.nbcwashington.com/news/politics/Ryan-Deporting-Young-Immigrants-Not-in-Nations-Interest-444252723.html

Jill Colvin reports:

“President Donald Trump told lawmakers Wednesday that he’s open to signing legislation protecting thousands of young immigrants from deportation even if the bill does not include funding for his promised border wall. But Trump remains committed to building a barrier along the U.S.-Mexican border, even if Democrats say it’s a non-starter.
Trump had dinner with Sen. Chuck Schumer and top Democrat Nancy Pelosi Wednesday night, and they reached a deal on DACA, according to a joint statement by the democrats.
“We agreed to enshrine the protections of DACA into law quickly, and to work out a package of border security, excluding the wall, that’s acceptable to both sides,” the statement read.
Trump, who was deeply disappointed by Republicans’ failure to pass a health care overhaul, infuriated many in his party when he reached a three-month deal with Sen. Schumer and House Democratic Leader Pelosi to raise the debt ceiling, keep the government running and speed relief to states affected by recent hurricanes.

Trump ended the program earlier this month and has given Congress six months to come up with a legislative fix before the so-called “Dreamers'” statuses begin to expire.
“We don’t want to forget DACA,” Trump told the members at the meeting. “We want to see if we can do something in a bipartisan fashion so that we can solve the DACA problem and other immigration problems.”
As part of that effort, Trump said he would not insist on tying extending DACA protections to wall funding, as long as a final bill included “some sort of border security,” said Democratic Rep. Henry Cuellar of Texas, who attended the meeting.

“He said, ‘We don’t have to have the wall on this bill,'” recalled Cuellar. “He said: ‘We can put that somewhere else, like appropriations or somewhere.’ But that was very significant because a lot of us don’t want to tie DACA and the wall. We’re not going to split the baby on that one. So he himself said, ‘We’re not going to put the wall tied into this.'”
Trump has made a sudden pivot to bipartisanship after months of railing against Democrats as “obstructionist.” He has urged them to join him in overhauling the nation’s tax code, among other priorities.
“More and more we’re trying to work things out together,” Trump explained Wednesday, calling the development a “positive thing” for both parties.

“If you look at some of the greatest legislation ever passed, it was done on a bipartisan manner. And so that’s what we’re going to give a shot,” he said.
The “Kumbaya” moment appeared to extend to the thorny issue of immigration, which has been vexing lawmakers for years. Funding for Trump’s promised wall had been thought to be a major point of contention between Republicans and Democrats as they attempted to forge a deal.
Democrats have been adamant in their opposition to the wall, but both Pelosi and a top White House staffer indicated Tuesday that they were open to a compromise on border security to expedite DACA legislation.

White House legislative director Marc Short said during a breakfast that, while the president remained committed to the wall, funding for it did not necessarily need to be linked directly to the “Dreamers” issue. “I don’t want us to bind ourselves into a construct that makes reaching a conclusion on DACA impossible,” he said.”

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

I have to admit that I’m stunned by this swing of the pendulum. But, I’m pleased and relieved for the great Dreamers if it works. The Devil is often in the details, particularly with immigration.

On this occasion, I’ll have to agree with the President that bipartisan legislation putting the best interests of the country first is a good thing, and a smart way for the President to get credit for some legislative achievements.

We’ll have to see what happens, But, it’s nice to end the day on a more optimistic note.

PWS

09-13-17

UPDATE:

The Devil is indeed in the details! According to this more recent article from Sophie Tatum at CNN (forwarded by my friend and fellow insomniac Nolan Rappaport) the “deal” is far from done and the White House version of the meeting is not the same as the Schumer-Pelosi statement:

“White House press secretary Sarah Sanders immediately pushed back on the idea the wall would be dropped.
“While DACA and border security were both discussed, excluding the wall was certainly not agreed to,” Sanders said.
White House Legislative Affairs Director Marc Short confirmed that the President and Democrats agreed to work to find a legislative fix for DACA, but he called Democrats’ claim of a deal that would exclude wall funding “intentionally misleading.”

http://www.cnn.com/2017/09/13/politics/chuck-schumer-nancy-pelosi-donald-trump/index.html

Stay tuned!

PWS

09-14-17

THE HILL: Rappaport Says: “Trump ended DACA in the most humane way possible!” –Hector Barreto, Chairman of The Latino Coalition Agrees!

http://thehill.com/blogs/pundits-blog/immigration/349566-trump-ended-daca-in-the-most-humane-way-possible

Nolan writes:

“Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

That still is the only option that makes any sense.

. . . .

DACA advocates need to put aside any anger they have over the rescission of DACA and work on getting a DREAM Act passed.

DREAM Acts have been pending in Congress since 2001, and we are yet to see one enacted. This is what led Obama to establish the DACA program administratively.

A new approach is needed. One possibility would be to base eligibility on national interest instead of on a desire to help as many undocumented immigrants as possible, which is the approach taken by the recently introduced American Hope Act, H.R. 3591. It might more appropriately have been named, “The False Hope Act.”

The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

In a separate blog over on CNBC, Hector Barreto, Chairman of the Latino Coalition echoed Nolan:

https://www.cnbc.com/amp/2017/09/06/on-daca-trump-did-the-right-thing-commentary.html

“The winding down of DACA is the perfect time for Congress to develop effective, compassionate policy on immigration – something most Americans strongly agree we need. The best reforms will be developed through the legislative process, not executive orders – and that’s something else both sides can agree on.

In the meantime, leaders should stay away from inflammatory language and fear mongering. Mass deportations will not happen – it is simply not logistically possible, and it is not what the Trump Administration has called for. It is worth noting how Attorney General Sessions described the government’s next steps:

The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program. … This [wind down process] will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

Sessions’ words about a “wind down” were rational and calm, indicating an approach that is not drastic or dramatic, not gratuitously painful or overly political. The end of DACA and the beginning of lawful immigration reform can, and should, be handled with this level of maturity and respect – for dreamers for American citizens, and for our nation’s tradition of the rule of law.

PLAY VIDEO

There are no easy or simple answers on immigration, and it’s okay for our leaders to acknowledge that fact. I believe they can find legislative solutions that strengthen America, recognize our proud immigrant tradition, keep the economy strong, and keep our citizens safe and our borders secure. The core elements of President George W. Bush’s immigration reform proposals, for example, met those goals through effective border security, a functioning and humane guest worker program, and a pathway to earned legal status for the undocumented. Given the six-month time frame Congress will have before DACA ends, they would do well to start their work with Bush’s already well-developed proposal.

President Trump even Tweeted on Tuesday that he would revisit the issue if Congress cannot act.”

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Read Nolan’s and Hector’s blogs at their respective links above.

I agree with Nolan’s “bottom line:”

“The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

PWS

09-05-17

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