The Hill – Page 9 – immigrationcourtside.com

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

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

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.”

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

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

THE HILL: NOLAN’S PROPOSAL FOR AVOIDING A SHUTDOWN, SAVING DREAMERS, & GIVING TRUMP SOME WALL!

http://thehill.com/blogs/pundits-blog/immigration/348280-trump-strike-a-deal-trade-border-wall-funding-for-daca

Nolan Rappaport writes in The Hill:

“Despite the difficulty of the task, give Trump a chance to show what he can do. This can be done by properly funding the existing border security legislation.

Provide Trump with the funding needed to finish the southwest border fencing project mandated by the bipartisan Secure Fence Act of 2006.

The Secure Fence Act was passed in the Senate 80 to 19. The yeas included current Senate party leaders Mitch McConnell (R-Ky.) and Charles Schumer (D-N.Y.) and former Senators Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.).

It mandated 850 miles of fencing along the southwest border, but as amended by section 564 of the Consolidated Appropriations Act, 2008, it just 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 has constructed just 653 miles of fencing.

When Trump has completed the last 47 miles of this project, he will be able to show Congress the kind of wall he wants for the rest of the border and provide a reliable estimate of what it would cost.

To incentivize Trump to accept this alternative, Congress should assist him with his border security efforts by weakening the “job magnet,” the fact that undocumented aliens generally come here to find employment.

Congress tried to eliminate this magnet with an employer sanctions program in the Immigration Reform and Control Act of 1986 (IRCA), but it has been more than 30 years since the program was established and it still has not been fully implemented.

According to a report by Georgetown’s Institute for the Study of International Migration, unscrupulous employers “knowingly hire unauthorized workers to exploit their labor.” For instance, they “pay salaries in cash, failing to pay their share of social security taxes.”

The Department of Labor (DOL) enforces labor laws that curb such abuses without regard to employee immigration status, e.g., the Fair Labor Standards Act, which mandates minimum wages, overtime pay, youth employment, and other standards for all employees.

Congress can provide Trump with the funding DOL needs for a nationwide campaign to stop the exploitation of employees in industries known to hire undocumented aliens. This would weaken the job magnet and reduce the number of illegal border crossings.

But the president isn’t the only player congressional Republicans need to persuade to accept a compromise. To prevent a government shutdown (and fund Trump’s border wall), they will also need Democrats. What may be enough to persuade them is protecting an Obama-era immigration program.

On June 15, 2012, President Barack Obama established a program to offer temporary lawful status to undocumented aliens who were brought here as children, the Deferred Action for Childhood Arrivals (DACA) program.

The application process required them to admit alienage and concede unlawful presence, and to provide their addresses, which makes it easy for them to be arrested and deported.

In a June 2017 letter, state attorney generals asked U.S. Attorney General Jeff Sessions to terminate DACA. If he does not do it, they will amend a pending lawsuit in a Federal District Court to include a challenge to DACA.

The administration apparently does not intend to defend DACA in court if it is included in the lawsuit. Moreover, recent media reports indicate that Trump is likely to rescind the program.

The Democrats might be more receptive to the measures I have proposed if they are offered a separate bill that would protect DACA participants from deportation if the program is terminated.

Nothing good will come from a showdown between Trump and the Senate over funding his wall. They need to prevent that from happening.”

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

Read Nolan’s complete op-ed over at The Hill at the above link.

PWS

08-29-18

N. RAPPAPORT IN THE HILL: Alternatives To The Border Wall!

http://thehill.com/blogs/pundits-blog/immigration/347359-congress-unlikely-to-pay-for-border-wall-but-trump-has-other

Nolan writes in his latest article:

“The Immigration Reform and Control Act of 1986 established a legalization program for undocumented aliens already in the United States and created employer sanctions to discourage employers from hiring undocumented aliens in the future.

That was 30 years ago, and the program still has not been fully implemented. It might be better to let the Department of Labor (DOL) deal with the job magnet.

Many American employers hire undocumented foreign workers because it is easy to exploit them. DOL enforces federal labor laws that were enacted to curb such abuses, such as the Fair Labor Standards Act which established a minimum wage, overtime pay, and other employment standards.

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 aliens, without basing the fines on the immigration status of the employees.

In contrast with Trump, President Obama focused his immigration enforcement program on aliens who had been convicted of serious crimes, had been caught near the border after an illegal entry, or had returned unlawfully after being deported.

Once an undocumented alien had succeeded in reaching the interior of the country, he was “home free.” It was extremely unlikely that he would be deported unless he was convicted of a serious crime. This was a powerful incentive to find a way to get past security measures on the border.

No deportable alien is safe from deportation under Trump’s enforcement policies.

This produced results very quickly. In April 2017, CBP reported a sharp decline in the number of aliens apprehended while making illegal crossings.

But Trump has to implement his enforcement policies to keep the magnet from coming back and he could benefit from implementing expedited removal proceedings.

As of the June 2017, the immigrant court’s backlog was 610,524 cases. This severely limited efforts to remove deportable aliens.

President Trump finessed his way around this problem by expanding the use of expedited removal proceedings in his Executive Order, Border Security and Immigration Enforcement Improvements.

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, and has not been physically present for two years, can be deported without a hearing before an immigration judge, unless he establishes a credible fear of persecution.

Trump needs funding to be able to carry out a large-scale, nationwide program of expedited removal proceedings.

These measures would reduce the number of people trying to make illegal crossings, making border security much easier to achieve, even without his promised wall.”

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

Go on over to The Hill to read Nolan’s complete analysis.

I agree with Nolan and many in Congress that the border wall will be an ineffective waste of money. And, in the liteny of Trump lies, it has become clear that “Mexico will pay” is just another whopper.

I also agree with Nolan that more funding for Fair Labor Standards Act enforcement is a good idea. However, the Trump Administration is moving the other way on all regulatory enforcement except immigration.

I would oppose funding for expedited removal. I believe it is a clear denial of due process, particularly as carried out by this Administration. I recognize that to date most Federal Courts have taken a “head in the sand” approach to the serious constitutional issues raised by expedited removal. But, I think that as Trump pushes the envelope the courts will eventually have to face up to the total lack of due process and safeguards in the current system.

In any event, whether expedited removal is unconstitutional or not, it’s bad policy. It should be rescinded, not expanded.

PWS

08-26-17

NOLAN RAPPAPORT IN THE HILL: RAISE ACT COULD BE AN OPPORTUNITY FOR DREAMERS!

http://thehill.com/blogs/pundits-blog/immigration/346367-how-trumps-legal-immigration-cuts-could-be-a-blessing-to

Nolan writes:

“Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.) recently introduced a revised version of the bill addressing legal immigration into the United States, the Reforming American Immigration for a Strong Economy (RAISE) Act. It is supposed to spur economic growth and raise working Americans’ wages by giving priority to the best-skilled immigrants from around the world and reducing overall immigration by half.

Supporters include President Donald Trump, Attorney General Jeff Sessions, House Judiciary Committee Chairman Bob Goodlatte, andActing Secretary of Homeland Security Elaine Duke.

Nevertheless, it will not reach the president’s desk without support from influential Democratic congressmen, which will be difficult to get and won’t be free.
According to Representative Luis V. Gutierrez (D-Ill.), the RAISE Act “and the bear hug by the Bannon/Kelly/Trump White House — betrays the deep animosity towards legal immigration that has become the central, unifying tenet of the Republican Party.”

. . . .

Suggestions for a compromise.

The main price for Gutierrez’s support would be to establish a DREAM Act program that would be based on an appropriate merit-based point system.

The number of undocumented aliens who might benefit from a dream act can range from 2.5 to 3.3 million. It isn’t likely that an agreement will be reached if Gutierrez insists on a number in that range.

Concessions have to be made to achieve an acceptable compromise, and allowing termination of the Visa Waiver Program would be a reasonable choice. An alternative would be to keep the program as is but distribute the visas on a merit point system instead of using a lottery.

The refugee provision is problematic, but the president has sole authority to determine the number of admissions and the current president supports the 50,000 cap. The Democrats will try to eliminate this cap or raise it if they can’t eliminate it, but this should not be a deal breaker if the other issues are worked out satisfactorily.

The restrictions on family-based immigration, however, are another matter. They should be modified. Cotton and Purdue doomed their bill to failure with these provisions. They hurt constituents on both sides of the aisle.

Moreover, they do not make any sense. What does national interest mean if the family-unification needs of citizens and legal permanent residents don’t count?

Some advocates strongly opposes the point system because they think it fails to take into account the needs of U.S. businesses, but their concern is based on the point criterion in the current version of the RAISE Act, which has not been subjected to any hearings or markups yet. If the senators and Gutierrez cannot work out a compromise that protects the needs of U.S. businesses, there will be plenty of time to make additional changes.

This isn’t just about moving these bills through congress. According to recent Gallup polls, “Americans view Congress relatively poorly, with job approval ratings of the institution below 30% since October 2009.”

And the current Republican-controlled congress is not turning this around. Reaching an agreement with the Democrats on an immigration reform bill that includes a DREAM Act legalization program would be a good place to start.”

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

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

PWS

08-13-17

N. RAPPAPORT IN THE HILL: DEMS’ DREAMER BILL OFFERS FALSE HOPE!

http://thehill.com/blogs/pundits-blog/immigration/345527-democrats-introduce-another-false-hope-act-to-immigrants

Nolan writes:

“Late last month, Congressman Luis Gutiérrez (D-Ill.), introduced the American Hope Act, H.R. 3591, with 116 co-sponsors, all Democrats.

The bill would provide conditional permanent resident status for undocumented aliens who were brought to the U.S. before their 18th birthday, which would permit them to live and work here legally for three years and put them on a path to Legal Permanent Resident status and citizenship.

Such bills are referred to as “DREAM Acts,” an acronym for “Development, Relief, and Education for Alien Minors Act.”

It might be more accurate, however, to call this bill “The False Hope Act.”

Bills to provide lawful status for undocumented aliens who were brought here as children have been pending in Congress since 2001, and we are yet to see one enacted legislatively, rather than by executive action. And this one was introduced by Democrats in a Republican-controlled Congress. Moreover, it is out of step with President Donald Trump’s policies on legal immigration.

. . . .

Why hasn’t a DREAM Act bill been enacted?

No one knows for sure. I think it is due mainly to the fact that the number of undocumented aliens who would benefit from such legislation could get quite large. Also, the fact that they are innocent of wrongdoing with respect to being here unlawfully does not make it in our national interest to let them stay. This is particularly problematic with respect to the American Hope Act. Section 4 of this bill includes a waiver that applies to some serious criminal exclusion grounds.

Although estimates for the number of undocumented aliens who could be impacted are not available yet for the American Hope Act, they are available for similar bills that were introduced this year, the Recognizing America’s Children Act, H.R. 1468, and the Dream Act of 2017, S. 1615.

The Migration Policy Institute estimates that potentially 2,504,000 aliens would be able to meet the minimum age at arrival and years of residence thresholds for the House bill and 3,338,000 for the Senate bill. However, some of them would need to complete educational requirements before they could apply.

Trump is supporting a revised version of the RAISE Act which would reduce the annual number of legal immigrants from one million to 500,000 over the next decade. It does not seem likely therefore that he will be receptive to a program that would make a very substantial increase in the number of legal immigrants.

Not merit-based.

The American Hope Act would treat all immigrant youth who were brought here as children the same, regardless of educational level, military service, or work history. Gutiérrez said in a press release, “We are not picking good immigrants versus bad immigrants or deserving versus undeserving, we are working to defend those who live among us and should have a place in our society.”

This is inconsistent with the skills-based point system in the revised version of the RAISE Act that Trump is supporting. It would prioritize immigrants who are most likely to succeed in the United States and expand the economy. Points would be based on factors such as education, English-language ability, age, and achievements.

Thus, Democrats’ American Hope Act as presently written is very likely to suffer the same fate as the other DREAM Acts.

Success requires a fresh, new approach, and the approach taken by the revised RAISE Act might work by basing eligibility on national interest instead of on a desire to help the immigrants. Certainly, it would be more likely to get Trump’s support.”

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

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

I agree with Nolan insofar as any immigration bill sponsored by
Democrats at present is DOA. On the other hand, I doubt that the RAISE Act will pass either. There aren’t enough votes in the GOP caucus to pass any type of meaningful immigration reform without some help from the Democrats.

So, it doesn’t hurt for the Democrats to start laying down some specific “markers” for some future negotiations on immigration reform. Also, while it might not happen in my liftetime, history suggests that the Democrats are no more permanently “dead” as a party than the GOP was after the first Obama election and Democratic surge into power in the Executive and Legislative Branches.

The last time Democrats were in power, the Latino/Hispanic voters who had helped put them there were treated as largely non-existent. Indeed, the Obama Administration ran the U.S. Immigration Courts largely as if they were an extension of the Bush Administration, giving the advocacy community the cold shoulder, enacting zero reforms, and pitching a “near shutout” on outside appointments to the Immigration Court and the BIA over which they had total control.

The next time Democrats come into power, it would be wise of the groups that will help put them there to insist on the types of specific reforms and improvements that the Democrats are now articulating in “can’t pass” legislative proposals. And, in addition to doing something for Dreamers and other migrants who are contributing to our society, meaningful Immigration Court reform to remove it from Executive Branch control needs to be high on the list. Realistically, that’s probably going to require some bipartisan cooperation, participation, and support.

I also disagree with Nolan’s suggestion that it would not be in the national interest to let “Dreamers” stay. Of course, it would be strongly in our national interest to fully incorporate these fine young folks into our society so that they could achieve their full potential and we could get the full benefit of their talents, skills, and courage.

I had a steady stream of DACA applicants coming through my court in Arlington. Sure, some of them had problems, and DHS did a good job of weeding those folks out and/or revoking status if problems arose. But, the overwhelming majority were fine young people who either already were making significant contributions to our society or who were well positioned to do so in the future. Indeed, they were indistinguishable from their siblings and classsmates who had the good fortune to be born in the U.S., except perhaps that they often had to work a little harder and show a little more drive to overcome some of the inaccurate negative stereotypes about undocumented migrants and some of the disabilities imposed on them.

PWS

08-07-17

LINKS TO NOLAN RAPPAPORT’S RECENT ARTICLES IN THE HILL & HUFFPOST

http://thehill.com/search/site/Nolan%20Rappaport http

http://www.huffingtonpost.com/author/nolan-rappaport-599

PWS

07-29-17

N. Rappaport In The Hill: CAL Should Try A Different Approach For Helping Undocumented Residents!

http://thehill.com/blogs/pundits-blog/immigration/342178-illegal-ca-sanctuary-state-bill-is-actually-an-ineffective-way

Nolan writes:

“Activist Dolores Huerta claims that California needs to enact the California Values Act, Senate Bill 54 (SB 54), as a counterweight to Texas’s draconian law banning sanctuary cities in that state and President Donald Trump’s “xenophobic agenda to deport millions of people.”

I disagree. While I can understand why Huerta dislikes Texas’s sanctuary city law, it is an exaggeration to call it “draconian.” And Trump is just enforcing immigration provisions that were written by Congress and signed into law by previous presidents. If those laws are xenophobic, the solution is to lobby Congress to change them.

Making California a sanctuary state will not stop Trump’s enforcement efforts. But it would violate federal law and make California ineligible for certain types of federal grants.

. . . .

Chicago Mayor Rahm Emanuel found a better way to help. He established a Legal Protection Fund for undocumented aliens living in Chicago.

Once undocumented aliens are in expedited removal proceedings, they are subject to mandatory detention and cannot be represented by an attorney; but they can be helped by attorneys before they are in such proceedings.

When appropriate, attorneys can assist them in putting together the evidence they will need to establish that they have been in the United States for more than two years, or that they have a credible fear of persecution, if they find themselves in expedited removal proceedings.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.

Emanuel found a better way to help. He established a Legal Protection Fund for undocumented aliens living in Chicago.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.”

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

Go over to The Hill at the link for Nolan’s complete article.

PWS

07-15-17

N. RAPPAPORT IN THE HILL: Trump Has An Opportunity To Make a Positive Difference on Human Trafficking!

http://thehill.com/blogs/pundits-blog/crime/341042-trump-can-leave-his-mark-by-decimating-human-trafficking

Nolan writes:

“Human trafficking presents President Donald Trump with an opportunity to show what he can accomplish when he is not hampered by political partisanship. It is one of the least partisan issues he will face as president, and it is a major problem. There were fewer than 10,000 worldwide convictions of human traffickers in 2016, and the number of victims remains in the tens of millions.

Former President Barack Obama said, “Our fight against human trafficking is one of the great human rights causes of our time.”

Trump’s daughter, Ivanka Trump gave a speech at the launch ceremony for the 2017 Trafficking in Persons Report, which highlights the successes and the remaining challenges. She pointed out that trafficking often is a secret crime. It can be a great challenge just to identify the victims.

“Most tragically, human trafficking preys on the most vulnerable, young children, boys and girls, separating them from their families, often to be exploited, forced into prostitution or sex slavery,” she said.

Ending human trafficking, she continued, “is a major foreign policy priority for the Trump administration.”

Palermo Protocol

The preamble to the Palermo Protocol, which supplements the United Nations Convention against Transnational Organized Crime, declares that:

“[E]ffective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking…”

The obligations of this protocol are the focus of the report.”

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

Read Nolan’s complete article at the link.

B/t/w, Nolan informs me that this is his 30th published article in The Hill. Most impressive!

Here’s a link to a list of all 30!

30 Hill Articles

PWs

07-09-17

9th Stuffs Hawaii On Travel Ban 2.0 — No Jurisdiction!

http://thehill.com/policy/national-security/341072-hawaii-loses-final-appeal-to-narrow-scope-of-travel-ban

Alicia Cohn reports in The Hill:

“Hawaii must wait on the Supreme Court to rule on President Trump’s so-called travel ban after losing a Friday appeal on an emergency motion to narrow the scope of the ban.

The 9th U.S. Circuit Court of Appeals in San Francisco ruled it does not have jurisdiction to clarify the U.S. Supreme Court’s decision regarding the ban, Reuters reported.

The Supreme Court last month granted the Trump administration’s request to implement part of the travel ban meant to temporarily block people from six predominantly Muslim countries from entering the United States.

The ban as currently implemented prevents travelers from six predominately Muslim countries entering the country if they lack a “bona fide relationship with any person or entity in the United States.”

Trump called the Supreme Court order a “clear victory for our national security.”

Hawaii challenged the ban in its current form this week, asking the U.S. District Court of the District of Hawaii to narrow its scope to define “bona fide relationship.” The state called it “preposterous” that the phrase does not appear to include fiances or grandparents.

However, a federal court judge said the state will have to turn to the Supreme Court for clarity.

“Because plaintiffs seek clarification of the June 26, 2017 injunction modifications authored by the Supreme Court, clarification should be sought there, not here,” District Court Judge Derrick K. Watson of the District Court of the District of Hawaii wrote.

Hawaii then filed an appeal Friday that was also denied.

The Supreme Court will hear the travel ban case when it returns for the fall term, which begins in October.”

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

Looks like the DHS definitions will remain in effect at least until the Fall.

PWS

07-09-17

READ RAPPAPORT’S LATEST FROM THE HILL: Why The Travel Ban Might Become A “Moot Case!”

http://thehill.com/blogs/pundits-blog/immigration/339825-travel-ban-will-be-moot-before-it-reaches-supreme-court-heres

Nolan writes in The Hill:

“The six travel-ban countries will be subject to the new ban if their governments refuse to cooperate with the new vetting system, or they will not be subject to it if their governments agree to cooperate. In either case, they will no longer be subject to the 90-day travel ban. This will moot the travel ban issues before the court reconvenes to hear arguments on the merits of the case.

The new ban

The original travel ban order was hastily issued one week after Trump’s inauguration without an interagency review. The new one will be based on a worldwide review and interagency input.

According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures and not all of them are predominantly Muslim countries.

This ban will depend entirely on a country’s willingness to cooperate with the new vetting system, and it will not apply categorically to every alien from a country with an uncooperative government. It only will apply to appropriate categories of aliens from those countries.

Therefore, it should be easier to defend if it is challenged in court.”

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

Go over to The Hill to read Nolan’s complete article.

I agree with Nolan that the temporary Travel Ban is likely to become moot. I think this is actually the result that the six Justices who went along with the Court’s “per curium” opinion would prefer.

I also agree with him that a type of “customized” Travel Ban flowing directly from the results of the Executive study should be easier for the Government to defend.

PWS

06-28-17

NOLAN HITS 100! — “Ninth Circuit gives green light for much larger travel ban” in THE HILL is Rappaport’s 100th Published Article! — Read It Here!

http://thehill.com/blogs/pundits-blog/immigration/339300-ninth-circuit-gives-green-light-for-much-larger-travel-ban?amp

Nolan writes:

“The Ninth Circuit Court of Appeals has issued a new decision on President Donald Trump’s March 6 Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

The court affirmed the portions of the district court injunction that apply to the 90-day, six-country travel ban, but it vacated the portions of the injunction that relate to the government doing an internal review of its vetting procedures, which could lead to a much larger ban based on a different criterion.

. . . .

Where this is headed

Unlike the travel ban, which, notwithstanding pessimistic claims to the contrary, is just a 90-day suspension, the new ban will apply to uncooperative governments until they agree to cooperate, which in some cases will never happen. What’s more, it almost certainly will apply to more than six countries. According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures.”

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

Read Nolan’s complete article in The Hill at the link.

Congratulations, Nolan, on reaching then”century mark!” You are prolific. Just from putting together this blog, I can appreciate all of the hours of reaearch, writing, and interviews that 100 published articles represents. And, unlike you, I don’t even have to deal with an editor (although my wife Cathy points out that I could use one).

Here’s a link to a list of all 100 of Nolan’s published articles:

Article List

Congrats, again, Nolan! Looking forward to the “next 100.”

PWS

06-26-17

NEW FROM THE HILL: Nolan Rappaport Critiques Canada’s Refugee Stance!

http://thehill.com/blogs/pundits-blog/immigration/338561-trudeau-tweets-not-the-answer-to-canadas-refugee-issues?mobile_switch=standard

Nolan writes:

“The day after President Donald Trump issued his first travel ban order, Canadian Prime Minister Justin Trudeau tweeted a message to aliens “fleeing persecution, terror & war.” In addition to the inappropriateness of accusing the president of the United States of religious discrimination, his tweet made a promise that Canada will not be able to keep.

His tweet was an unqualified invitation to the 65.6 million aliens worldwide who have been displaced from their countries by conflict and persecution. Canada almost certainly will have to turn away many of the aliens who accept the invitation and come to Canada relying on it.

Some will be disqualified by Canada’s Safe Third Country Agreement with the United States, which requires asylum seekers to apply for asylum in the United States if they enter that country before entering Canada, with some exceptions.

Also, his invitation includes aliens who are fleeing terror and war, and despite their very real need for refuge, they are not likely to be able to establish eligibility for refugee status or asylum on that basis. According to UNHCR figures, only 22.5 million of the 65.6 million displaced persons are refugees.

Trudeau’s tweet reminds me of President Jimmy Carter’s invitation to Cuban refugees when he was asked what the government was going to do about the Mariel Boat Lift. On April 20, 1980, Cuban President Fidel Castro announced that he would permit Cubans wishing to leave Cuba to go to the United States. Two weeks later, Carter said that the United States would “welcome the Cuban refugees with open arms and open hearts.”

But the boat lift was not limited to refugees. Castro forced the boat owners who participated in the boat lift to take approximately 8,000 criminals and hundreds of mentally-ill persons. The boat lift was a financial disaster for the ship owners. Despite Carter’s promise to welcome the Cuban refugees, his administration fined the boat owners $1,000 for each of the estimated 110,000 Mariel refugees they brought here in violation of section 273 of the Immigration and Nationality Act.”

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

Read Nolan’s complete op-ed, which also contains a description of Canada’s Refugee Program, over on The Hill at the above link.

Several thoughts. Most of the world’s refugees have no way of getting to Canada. Many victims of war an terror are, in fact, refugees under a proper application of Convention standards. Our “Safe Third Country Agreement” with Canada has very limited applicability. Also, regardless of the wisdom of accusing President Trump of religious discrimination, nearly all Federal Courts to consider the two Travel Bans to date have found that the President indeed had improper motives for imposing the ban, including religious discrimination.

Given Trump’s highly problematic attitude and actions towards refugees, I’d be hesitant to throw too many stones at other nations who are at least trying to show the spirit of generosity embodied in the U.N. Convention and Protocol. Wise or not, Trudeau’s heart is in the right place. That’s more than I can say for Trump.

PWS

06-20-17

Secretary Kelly Proposes Legislative Legalization For Dreamers & Central American TPSers! — Puts Ball In Congress’s Court!

http://m.washingtontimes.com/news/2017/jun/11/john-kelly-dhs-secretary-suggests-dreamer-amnesty/

The Washington Times reports:

http://m.washingtontimes.com/news/2017/jun/11/john-kelly-dhs-secretary-suggests-dreamer-amnesty/

“The Trump administration last week floated an amnesty idea for potentially 1 million illegal immigrants, looking to find permanent solutions for some of the most sympathetic cases in the long-running immigration debate.

In two days of testimony to Congress, Homeland Security Secretary John F. Kelly said he doubts his ability to oust some 250,000 immigrants from Central American countries who have been in the U.S. for nearly two decades on a temporary humanitarian relief program.

He also signaled that he would keep protecting 780,000 Dreamers from deportation and hoped Congress would grant them permanent status.

“You’ve got to solve this problem,” Mr. Kelly told the House Homeland Security Committee when members prodded him not to deport Dreamers.

He said he would not deport Dreamers but warned that the policy could change when someone else takes over his job, making the only solution congressional action. He said there is clear bipartisan support for some form of permanent legalization and urged lawmakers to take the opportunity that the Trump administration is giving.

“I’m not going to let the Congress off the hook. You’ve got to solve it,” he said.

If lawmakers wait, he warned, a future secretary might take a stricter line on Dreamers and fully cancel President Obama’s 2012 amnesty, known in governmentspeak as DACA.”

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

Finally, some of the common sense and nuance that many had hoped Secretary Kelly would bring to the table! And, some public recognition that it is neither desirable nor possible to restore or pursue all of these cases on already overwhelmed U.S. Immigration Court dockets. I also agree with the Secretary that Congress needs to step up to the plate and fashion some type of bipartisan legislative solution.

One thing that might favor a solution in this Congress: one of the strongest opponents of past bi-partisan efforts at common-sense immigration reform, Jeff “Gonzo-Apocalypto” Sessions, is no longer in the Senate. In fact he seems to be “otherwise occupied” these days defending himself on possible ethnics and perjury charges.

My friend, Nolan Rappaport, who has been touting bipartisan legislative solutions to immigration problems for ages should be cheered with this development! Nolan recently reported that some of his articles from The Hill were entered into the Congressional Record!

PWS

06-12-17

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts: