Friday, October 20, 2017

ICE Is Investing In Detention Capacity

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Prairie Correctional Facility
Photo Mark Vancleave, Star Tribune

The Trump administration is looking to increase its immigration detention capacity, USA Today reports.

According to this call for information by DHS, the government is looking for "multiple possible detention sites" in Chicago, Detroit, St. Paul, and Salt Lake City "to hold criminal aliens and other immigration violators in support of its public safety mission."

You can read the request in full here.

-KitJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium: Live Blog Post Number 6

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The UC Davis Law Review is holding its annual symposium today.  The topic is Immigration Law & Resistance.  I have been blogging over the course of the day.  This is the last post.

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Professors Rose Villazor and Michael Kagan

 

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Professors Saucedo and Gulasekaram

The last panel of the day was on Sanctuary and Beyond: State, City, and Individual Resistance.  The panel, which discussed the hot button issue of "sanctuary cities,"  included

  • Rose Cuison-Villazor, UC Davis School of Law, Moderator and Commentator
  • Michael Kagan, UNLV - William S. Boyd School of Law, “Immigrants, Police and the Rhetorical Rule of Law Problem.”  He discussed the power and implications of the word "sanctuary," and its attraction to supporters and critics of policies protecting the rights of immigrants.
  • Leticia Saucedo, UC Davis School of Law, “The Role of the States in Constructing the Desired Immigrant."  Professor Saucedo defends the constitutionality of the California "Values" Act, which has been characterized as the California "sanctuary" law.  She identifies a number of places in the federal immigration laws that rely on decisions by teh state.  
  • Pratheepan Gulasekaram, Santa Clara Law, “Sanctuary Everywhere.”  Professor Gulasekaram presented a paper that he co-authored with Professor Villazor defending the "new sanctuary," and wholly hembraces uses of the term "sanctuary."

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Professors Villazor and Gulasekaram

Professor Rose Cuison-Villazor ended an incredibly enriching day with closing remarks. 

Thanks to Professor Villazor and the UC Davis Law Review for a wonderful, well-attended, and topical conference!  A job well done.

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KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium: Live Blog Part 5

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The UC Davis Law Review is holding its annual symposium today.  The topic is Immigration Law & Resistance.  I have been live blogging from the conference over the course of the day.  

The fourth panel was on Protecting Refugees:  Taking a Stance Against Detention, Unfairness, and Exploitation. 

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Panelists included (as pictured from left to right above):

Brian Soucek, UC Davis, Moderator

Hiroshi Motomura, UCLA, "Refugee Law and Policy for an Anxious Age."  Professor Motomura offers a look at his project on migrants, refugees, and citizens.  His preliminary -- yet intriguing -- thinking is that public discussion of immigration and civil rights in the United States is influenced by the fact that so many large flows of people are refugees.  

Jayashri Srikantiah, Stanford, "The Case for Eliminating Money Bond in Immigration." Professor Srikantiah looks at alternatives to cash bond requirements for noncitizens to be released from immigrant detention.  At least before the Trump administration, noncitizens in custody was generally eligible for bond and release from custody.

Juliet Stumpf, Lewis & Clark, "The Big Immigration Law Project."   Professor Stumpf looked at places of immigrant resistance and focused on the family detention of Central American women and children.  

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium: Live Blog Post Number 4

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The UC Davis Law Review is holding its annual symposium today.  The topic is Immigration Law & Resistance.  I have been live blogging from the conference  over the course of the day.  

The third panel was on Defying the Criminalization and Deportation of Immigrants:

  • Floyd Feeney, UC Davis School of Law, Moderator and Commentator
  • César García Hernández, Denver University - Sturm College of Law (and blogger on the CrImmigrationblog), “Deconstructing Crimmigration."  He  advocates the demise of crimmigration law and the crime-based removal system as we know it.
  • Alina Das, NYU School of Law, “Inclusive Immigrant Justice.”  Her insightful paper looks at the history of racial animus and the origins of crime-based deportations.  Racial discrimination long has been embedded in crime-based removals from the days of the enactment of the original Chinese exclusion laws in the late 1800s through to the present.  Crime historically has been a proxy for a removal of disfavored racial minority groups.
  • Jack Chin, UC Davis School of Law, “Chevron and Citizenship Determinations.”  Professor Chin discussed his paper on the deference afforded to the Executive Branch citizenship decisions.  He argues that the U.S. government's judgment on citizenship should not be protected by ordinary agency deference.

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Professors Alina Das and Jack Chin

 

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Professors Floyd Feeney and Cesar Garcia

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Right, Professor Cesar Garcia

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Professor Jack Chin and UC Davis Law alum (and Assistant Federal Public Defender) Hope Alley

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium: Live Blog Post Number 3

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The UC Davis Law Review is holding its annual symposium today.  The topic is Immigration Law & Resistance.  I have been live blogging from the conference over the course of the day.  

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Professors Jack Chin, Shayak Sarkar, Rose Villazor, and Leticia Saucedo at lunch

At noon,  a video message was played from University of California President (and former Secretary of the Department of Homeland Security) Janet Napolitano. She thanked the Law Review for organizing the conference and the UC Davis School of Law for its commitment to immigrant rights.  President Napolitano noted the University of California's support for immigrant students and legal challenge to President Trump's dismantling of the DACA program. 

It was followed by a Luncheon Keynote by The Honorable Paul C. Lo, Superior Court of California, County of Merced, the First Hmong-American Judge in U.S. history.  Judge Lo is a graduate of UC Davis and UCLA School of Law.  Judge Lo spent time in a refugee camp in Thailand and shared his experiences as a part of the Hmong community in Laos, which assisted the U.S. government in the war in Viet Nam and fled their homeland as refugees.  A humble and thoughtful person, Judge Lo reflected on his immigrant/refugee experience.

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Keynote speaker Judge Lo

 

KJ

 

 

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium: Live Blog Post 2

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SYMPOSIUM schedule

I am live blogging at the Immigration Law & Resistance symposium at UC Davis School of Law today.  The second panel was on The Economics of Immigration:

  • Shayak Sarkar, UC Davis School of Law, Moderator and Commentator
  • Howard Chang, University of Pennsylvania Law School, “The Economics of Immigration Reform.”  Professor Chang analyzed the negative economic impacts of the RAISE Act, which would reduce family visas, adopt a "merit" visa system, and cut legal immigration by one-half.
  • Giovanni Peri and Annie Hines, UC Davis Department of Economics, “Do Deportations Affect Local Economies?: Analyzing U.S. States 1992-2015.”  Professor Peri offered an economic analysis showing the lack of the economic benefits to U.S. citizens of increased deportation efforts.
  • Grace Chang, UC Santa Barbara, “Anti-Trafficking and Migrant Rights Movements: Whither the Connections?"  Professor Chang critically looks cat the criminalization of immigrant workers, with a particular focus on the recent tragedy in San Antonio with deaths of many migrants being trafficked.

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Professors Shayak Sarkar and Giovanni Peri

 

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Professor Howard Chang

KJ

 

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Law and Resistance Symposium; Live Blog Post Number 1

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The UC Davis Law Review is holding its annual symposium today.  The topic is Immigration Law & Resistance.  I will be live blogging from the conference over the course of the day.  

Senior Symposium Editors Rebecca Friedemann and Bailey McCabe (whose parents were in attendance) welcomed the participants in the symposium.  Other members of the symposium committee included Eva Loney, Shera Kwak, Natalie Ochoa, and Lexi Smith, 

The first panel was The Future of DACA and Prosecutorial Discretion

  • Ashutosh Bhagwat, UC Davis School of Law, Moderator and Commentator
  • Jennifer Chacón, UC Irvine Law, “Citizenship and Alienation”.  Professor Chacon discussed her research, based on interviews with DACA recipeints, on the value of citizenship. 
  • Kevin Johnson, UC Davis School of Law, “The Future of DACA, the Future of Immigration Law.”  I presented a paper analyzing recent developments in immigration law, the rise and fall of DACA, and the possible future of immigration law.
  • Bill Hing, USF School of Law, “Beyond DACA.”  Professor Hing presented a provocative paper analyzing possible civil disobedience by employers who could employ DACA recipents who lose their employment authorization.
  • Rachel Ray, UC Immigrant Legal Services Center, “DACA on the Ground.”  Ray discussed the kinds of immigration matters handles by the Center  and the views of the clients of President Trump's immigration enforcement initiatives. 

As moderator, Professor Bhagwat asked challenging questions, including (1) what the panelists though the prospects were for Congress to pass immigration reform; and (2) what trade-offs would pro-immigrant supporters be willing to make to ensure the passage of reform.  Would one, for example, be willing to agree to extend the law along the US/Mexico border for a path to legalization for undocumented immigrants?

 

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Professors Bill Hing and Ash Bhagwat

 

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Professor Hing and Rachel Ray

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Professor Chacon appeared by videoconference

KJ

 

October 20, 2017 in Current Affairs | Permalink | Comments (0)

California fires set off debate about immigration and sanctuary policies

 

Northern California had a string of devastating fires last week.  It did not take long for anti-immigrant forces to try to capitalize on human tragedy for political ends.  

The Los Angeles Times reports that ICE Acting Director Thomas Homan blasted Sonoma County for so-called sanctuary policies that he said has “left their community vulnerable to dangerous individuals and preventable crimes.”

Sonoma County Sheriff Rob Giordano lashed back, saying Homan’s statement was “inaccurate, inflammatory and damages the relationship we have with our community.”  “ICE attacked the Sheriff’s Office in the midst of the largest natural disaster this county has ever experienced,” Giordano said. “ICE’s misleading statement stirs fear in some of our community members who are already exhausted and scared.”

The controversy stemmed from the arrest Sunday of a homeless man accused of felony arson. The man, who immigration officials said has been returned twice to Mexico, told deputies he set a fire in Maxwell Farms Park in Sonoma Valley, where he’s been seen sleeping, to stay warm. He is being held on $200,000 bail.  A day later, federal immigration authorities said they lodged a detainer, or a request to local jailers to keep an inmate behind bars for up to two extra days.

Far-right news outlet Breitbart inflated the story in a report published Tuesday, suggesting that man arrested was behind the string of wildfires 8 that devastated the wine country.  Buzzfeed ("Breitbart Made Up False Story That Immigrant Started Deadly Sonoma Wildfires, Sheriff's Office Says") looked at "right-wing media outlets report[s] that an undocumented immigrant was arrested in connection to the [wine country] fires" and concluded that "[t]he reports are false."

Sheriff Giordano shot down Breitbart’s claim.  “There is a story out there that he’s the arsonist in these fires. That’s not the case. There’s no indication he’s related to these fires at all,” Giordano said of the man arrested. He also reiterated that there is no evidence that the man started the wildfires, the causes of which remain under investigation. 

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

DC Circuit to Livestream Arguments in Immigrant Abortion Case

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Live Audio Stream of Arguments in Garza v. Hargan (17-5236) Beginning October 20, 2017, 10:00 a.m.

The National Law Journal reports that the U.S. Court of Appeals for the D.C. Circuit will broadcast oral arguments Friday for the first time since 2001 in a case that considers whether the government should allow an undocumented teenage immigrant to obtain an abortion.  In response to a request from Gabe Roth, executive director of Fix the Court, Chief Judge Merrick Garland agreed Thursday to livestream audio. The D.C. Circuit typically does not allow electronic devices in its courtrooms, and the only other time it livestreams a hearing was for the 2001 Microsoft antitrust case. Roth said the D.C. Circuit privately agreed to a case-by-case livestream policy this summer, but had yet to receive a request. Roth asked Garland to livestream Friday's arguments due to the interest he's seen online in the case. His organization, Fix the Court, works to increase transparency in courtrooms, advocating for live audio broadcasts and cameras across the country.

Click the link above to listen to the argument at 10 a.m. EST.

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Judge denies Arpaio's motion to erase his criminal contempt conviction

 

Megan Cassidy reports that U.S. District Judge Susan Bolton yesterday denied former Maricopa County Sheriff Joe Arpaio's request to vacate his criminal contempt conviction after he was pardoned by President Donald Trump.  See the order here.  In her ruling, Bolton said while Trump's pardon "undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, 'revise the historical facts' of this case." 

Bolton found Arpaio guilty of criminal contempt in July, saying the former lawman showed “flagrant disregard” for another federal judge’s order that halted his signature immigration roundups on grounds his department was racially profiling people.
Trump pardoned his political ally weeks later. The move effectively canceled Arpaio's scheduled sentencing hearing, but defense attorneys additionally asked that Bolton's verdict be scrubbed from the record. 

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Joe Arpaio's lawyer Jack Wilenchik said he plans to ask the judge to reconsider her ruling and, failing that, will likely appeal. | John Moore/Getty Images

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Who Is Represented in Immigration Court? Mexican Immigrants Lowest, Chinese Highest Representation Rates

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Many factors impact the odds that an individual can obtain representation in Immigration Court. Using very recent case-by-case court records, the Transactional Records Access Clearinghouse (TRAC) at Syracuse University has just completed a detailed analysis examining how the odds of representation varies with the particular court and hearing location, the nationality and custody status of the immigrant, and the length of time the person has been in the U.S. Cases are followed so the ultimate outcome of each case can be linked to whether the individual was represented or not.

Among the highlights are the impact of nationality and detention status on whether or not persons obtain representation. Individuals from Mexico generally had the lowest representation rates, while those from China had the highest. Representation rates for detained individuals have ranged between roughly 10 and 30 percent, and after falling from 2000 - 2005, stabilized for several years before they began to steadily improve from 2009 onward, leveling out during 2015 - 2017 at slightly about 30 percent. Representation rates for those who were never detained in contrast have generally ranged between 60 and 80 percent.

Click here for more information.

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Can We Act Globally While Thinking Locally? Responding to Stella Burch Elias, the Perils and Possibilities of Refugee Federalism by Kit Johnson

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Can We Act Globally While Thinking Locally? Responding to Stella Burch Elias, the Perils and Possibilities of Refugee Federalism by Kit Johnson, 67 American University Law Review 101 (2017)

Abstract
In The Perils and Possibilities of Refugee Federalism, Professor Stella Burch Elias skillfully exposes both the dangers and the opportunities presented by state responses to the resettlement of refugees within their borders. She concludes that states are prohibited from excluding refugees from their territory, but she argues that states have a previously untapped opportunity to legislate at the local level in an effort to promote the integration of refugees into their communities.

This Response does not challenge those conclusions. Rather, this Response seeks to provide context to the idea of refugee federalism by further discussing the problem, acknowledged by Professor Elias, that, legal or not, states are successfully avoiding the placement of refugees within their borders. Additionally, this Response attempts to articulate a concern that increasing state involvement regarding the selection of refugees may exacerbate the nimbyism that already pervades the treatment of refugees in the United States.

KJ

October 20, 2017 in Current Affairs | Permalink | Comments (0)

Thursday, October 19, 2017

Immigration Article of the Day: Alternatives to Immigration Detention by Fatma E. Marouf

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Alternatives to Immigration Detention by Fatma E. Marouf

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The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

KJ

October 19, 2017 in Current Affairs | Permalink | Comments (0)

Wednesday, October 18, 2017

You Playlist: Elisa Koreene

Here's a song for you history buffs: Mail Order Bride. It's by Elisa Korenne, a Minnesotan singer-songwriter. And it's about a real woman named of Rachel Calof. Born in Russia, Rachel came to the US as a mail order bride, landing, of all places, in North Dakota. "Hard land for a new life," as Elisa croons.

-KitJ

October 18, 2017 in Music | Permalink | Comments (0)

For You New Yorkers: Undocumented

 

UNDOCUMENTED

Joe's Pub

November 19

Ticket Price: $20.00 - $50.00

Doors at 1:30PM
Show at 2PM

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En Garde Arts has commissioned Chilean/Costa Rican-American playwright Andrea Thome, Puerto Rican director José Zayas with music by Sinuhe Padilla Isunza to craft a series of developmental readings drawn verbatim from interviews with the undocumented. What is it like for the people who have settled here, yet often must keep their presence hidden? Partnering with community organizations that serve undocumented immigrants, we aim to go beyond the limited narrative that is too often presented by our media and politicians. What are the many reasons they’ve come, and what are their lives like now? Together, they question: where can we call home?  These interviews will be performed by actors to preserve the anonymity of the participants.  A panel discussion will follow.

KJ

October 18, 2017 in Current Affairs | Permalink | Comments (0)

Reckoning with History: The Massacre of Mexicans and Mexican-Americans in South Texas and La Matanza of 1915

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My name is Terry Canales and I have the privilege of serving as a Member of the Texas House of Representatives.
I also have the honor of being the great nephew of J.T. Canales who once upon a dark time in Texas also served as Texas State Representative for the very area we stand in today.

J.T. grew up on La Cabra Ranch in Premont, Texas with my Grandfather, his brother, the very same ranch I was raised at. As a young man I recall reading a two-volume story of the King Ranch written by Tom Lea.

I remember getting excited when I came across a passage in the book that quoted a letter from Captain King to Richard Kleberg which stated that the Kings could not have held on to their land if it wasn’t for their neighbor, Andres Canales. Andres, was my great grandfather, also J.T. Canales’ father.

I rushed to show my father the passage, and was surprised by his chuckle and his unforgettable remark. “He who has the money for the pen writes history.”

According to the oral history passed down to my father, the King Ranch was anything but the friendly neighbor portrayed in Mr. Lea’s book. The fact was that through fear, intimidation, violence, and often times murder, the Kings amassed their vast ranchlands.

As told to my father by his father, the violence and murders often took place at the hands of the Texas Rangers who served as mercenaries for Captain King. In the end the threat of a Mexican general kept the Kings at bay, leaving Andres, J.T.’s father as one of the only families who didn’t fall victim to the Texas Rangers and Captain King.

This would have made J.T. not only intimately aware of who the Texas rangers really were and what they were capable of, but it would set him on a one way collision course with the lawless lawmen, who threatened to take his father’s land.

As I mentioned, J.T. was later elected to the Texas House of Representatives. And in 1919 in the face of unspeakable violence being perpetrated across South Texas, J.T., the only Mexican-American legislator at the time, filed legislation to dramatically restructure the Texas Rangers who at the time were the largest perpetrators of gruesome executions of Mexican-Americans along the Texas-Mexico border.

As a result, J.T. Canales faced countless threats of violence, including death threats, and greatly endangered himself and his family by speaking out about these tragedies.

His legislation produced three weeks of hearings, wherein more than 90 witnesses testified from throughout the state about the brutality of the Texas Rangers. Because the hearings’ content was so brutal, and reflected so poorly on the state, copies of the hearing transcript were not made accessible to the public until the 1970s.

J.T. is a true Mexican-American hero but the history books have largely forgotten him, along with the victims of these terrible crimes, and the family members of these victims. Our Texas history books literally make no mention of them.

Much like Tom Lea’s account of how the King Ranch was a friendly neighbor, History sanitized is not real history. But, today we hold the pen. The stories told on this historical marker and by the Refusing To Forget Project are an important part of a much larger story about the continual struggle of Texas Latinos, who have been fighting for equal rights since the foundation of this state.

In a time where the Texas State Board of Education continues to remove Hispanic figures from our textbooks, and refer to Mexicans as lazy, this story is more important than ever. Recently the Texas legislature passed SB4 one of the most discriminatory pieces of modern day legislation ever crafted. It unquestionably targets Mexican Americans, and once again pits the state police against the Hispanic community. Today we have traded the noose for handcuffs, and rather than law enforcement taking people’s lives in the literal sense, we take it in every other sense.

In the recent legislative session, I had the distinction of giving the final speech in opposition to Senate Bill 4. Invoking the story of La Matanza and the memory of J.T. Canales in my closing remarks to the House of Representatives, I told my fellow legislators that Texas had come far, but not that far.

Be it fate, destiny, or something else, I find it hard to believe its mere coincidence that 100 years after my great uncle waged a war against the violence perpetrated by the Texas Rangers, I have the great privilege to stand before you today, honored to have played a role in making this historical marker reality, and humbled by what it means.

A person much wiser than me once said, “those who forget their history are destined to repeat it.” It would be more convenient for people to forget that there was wide-spread state sanctioned violence against Mexican-Americans, but we must refuse to forget.

EDITOR’S NOTE: The above remarks were delivered by Texas state Rep. Terry Canales at the unveiling ceremony for a new historical marker on the frontage of I-69 East in San Benito that recognizes the massacre of Mexicans and Mexican-Americans in South Texas from 1910-1920. Photos courtesy of Alex Rios/Terry Canales.

Reprinted from the Rio Grande Guardian.

KJ

October 18, 2017 in Current Affairs | Permalink | Comments (0)

UN Migration Agency Marks 11th EU Anti-Trafficking Day with New Data, Analysis on Human Trafficking

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The International Organization for Migration (IOM), the UN Migration Agency, today joins the European Union (EU), other European countries and partners throughout the region and beyond in marking the 11th EU Anti-Trafficking Day. It is observing the day through a series of events and is releasing two publications on victims of trafficking.

Trafficking in Human Beings is one of the world's most serious transnational crimes and one of the most complex human rights challenges of our time. To contribute to a better understanding of this complex phenomenon and support evidence-based policies and responses, IOM has developed and maintained a central counter-trafficking case management tool, the IOM Global Human Trafficking Database, which is the largest global database with primary data on victims of trafficking. 

IOM today published its first Global Trafficking Trends in Focus summary, which analyses IOM’s victim of trafficking data from 2006 to 2016. The analysis is based on data from 50,000 victims of trafficking have been assisted by IOM during this period. On average, victims assisted by IOM are trafficked for a duration of 2.5 years.

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KJ

October 18, 2017 in Current Affairs | Permalink | Comments (0)

Disgusting Halloween Costume of the Year? Anne Frank Halloween costume removed from online retailer

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As ImmigrationProf has reported in the past, offensive Halloween costumes are nothing new.  Indeed, former ICE chief Julie Myers ran into some problems with an offensive costume at her own Halloween party.    

But this distasteful costume is truly hard to believe.  How could someone joke about the Holocaust victim?  International and domestic law in the post-WWII period have sought to prevent future failures of nations to provide safe haven to refugees.

Online retailer HalloweenCostumes.com featured “Anne Frank costume for girls,” a costume that included a beret, brown satchel bag, and a blue dress pinned with a destination tag. “We can always learn from the struggles of history!” the website’s copy began, with an eerily gleeful exclamation point. “Now, your child can play the role of a World War II hero with this girls World War II costume.”  This is sick, sick, sick.

After a public outcry, the costume has since been removed from the website.

KJ

October 18, 2017 in Current Affairs | Permalink | Comments (0)

Peter Margulies -- Travel Ban 3.0: The Hawaii TRO Is Right on the Statute

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Yesterday, a federal court enjoined implementation of Travel Ban 3.0Peter Margulies on Lawfare writes:

"On Tuesday, Judge Derrick Watson of the federal district court in Hawaii issued a temporary restraining order (TRO) against President Donald Trump’s third executive order (which Watson referred to as EO-3”) limiting entry of noncitizens into the United States. Watson held that EO-3 exceeded the president’s authority under the Immigration and Nationality Act (INA). That judgment is amply supported by the INA’s text, structure, and purpose. . . . 

Congress added § 1152(a)(1)(A) to the INA in 1965 to pivot from the stark national origin quotas that had dominated immigration law for forty years. According to the Senate Judiciary Committee report noted above, the quota system lacked the “required degree of flexibility” to “permit the reuniting of families.” In decisively rejecting national origin quotas, the 1965 immigration amendments sought to ensure that discriminatory purpose had no place in the issuance of immigrant visas. As an indefinite bar to the entry of nationals of certain countries, EO-3 would return the U.S. to that dark pre-1965 period.
Judge Watson wisely recognized that the 1965 immigration amendments sought to consign national origin discrimination to the dustbin of history. Appellate courts should follow his lead."

KJ

 

October 18, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Criminalizing Immigration by Jennifer M. Chacón

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Criminalizing Immigration by  Jennifer M. Chacón

REFORMING CRIMINAL JUSTICE: INTRODUCTION AND CRIMINALIZATION (Erik Luna ed., 2017)

Abstract

Over the past two decades, criminal justice systems at both the federal and the state level have been repurposed to serve immigration enforcement goals. Many significant problems in the criminal justice system have been both mirrored in and amplified by this criminalization of immigration. Generous immigration reform and the decriminalization of many migration-related offenses are needed to address the resulting problems comprehensively. But more limited reforms within state and federal criminal enforcement systems can help mitigate some of the biggest problems in the current system. This chapter recommends that all law enforcement agencies develop legal guidelines and training that discourage reliance on racial profiling in immigration policing, that states and localities prioritize their own state public safety goals over cooperation with federal immigration enforcement efforts when such efforts undermine those goals, and that state and local laws and practices be revised so as to send appropriate signals of leniency to immigration adjudicators and enforcement agents.

KJ

October 18, 2017 in Current Affairs | Permalink | Comments (0)