Sunday, February 18, 2018
Hofstra Law is once again offering its Immigration Law and Border Enforcement Program. This one-week 3-credit class for law students runs from Sunday May 20 to Sunday May 27, 2018.
It will be held in San Diego, California, and is co-sponsored by UC San Diego's Center for Comparative Immigration Studies.
The course is open to law students around the country. The course involves not just reading and lectures, but field trips to the border, a consulate, a shelter for deportees, a detention center, immigration court, a port of entry, and federal court. Students will have the opportunity to meet with CBP officers, ICE lawyers, Department of State consular officials, and EOIR judges, as well as immigration attorneys and advocates.
Please help spread the word about this course! Interested students should apply by March 16, 2018.
Calling all NYC-area immprofs. If you're free on Tuesday, February 27, consider heading over to NYU's Greenberg Lounge in Vanderbilt Hall. The NYU Journal of Law & Liberty is holding a one day conference on Freedom versus Fairness: The Tension Between Free Market and Populist Ideals in Labor.
The first session is a non-immigration panel on "Janus and ‘Fair Share’ Fees," but the second session (starting at 11:15 a.m.) is about "The Free Movement of Labor." I'll be there along with immprof Lori A. Nessel as well as prawfs Ilya Somin and Michael LeRoy.
You can find details, and an RSVP link, here.
Friday, February 16, 2018
Penn State professor of education-policy studies Katerina Bodovski has a truly remarkable article in The Chronicle of Higher Education: Why I Collapsed on the Job. Bodovski writes about how her "inhumane" workload left her bedridden for weeks after her body refused to recover from an infection.
I know this paragraph will ring true for many of our readers:
But the benefits of such freedom and flexibility in academe come at the cost of disappearing boundaries between work and life. We are so free to work whenever we want that many of us end up working all the time, not having full weekends and rarely taking off more than just a few days, despite popular perceptions to the contrary. We bring our work home or anywhere we go — on flights or long drives, to vacations or family reunions. We are constantly checking email, responding to colleagues and students. What Richard Swenson wrote about in his 2004 book, Margin, has become reality: We live our lives without a margin.
We have become, as Bodovski names it, "silent workaholics." And we all have to find a way to do better. Our health demands it.
P.S. Bonus fun-fact - Bodovski is an immigrant twice-over. She left Russia for Israel at 20, and later later pursued a Ph.D. in the United States.
From the Congressional Research Service:
"In FY1995, foreign nationals from Europe garnered the most diversity visas (47%) and maintained a plurality share until FY2001. In the early 2000s, the number of DV immigrants from Africa was on par with those from Europe. But since 2006, Africa has maintained the largest proportion, garnering as much as 50% of diversity visas in FY2009, while Europe’s share fell to a low of 18% in FY2009 and FY2011. Meanwhile, the share of DV immigrants from Asia grew steadily over time, surpassing Europe’s share in FY2008 and remaining second to then. South America, Oceania, and North America combined accounted for less than 8% each year. In total, from FY1995-FY2016 immigrants from Africa accounted for 39% of DV immigrants, Europeans 31%, and Asians 24%.5 Africa sincethen. South America, Oceania, and North America combined accounted for less than 8% each year. In total, from FY1995-FY2016 immigrants from Africa accounted for 39% of DV immigrants, Europeans 31%, and Asians 24%." (emphasis added).
It is hard keeping up with what is going on in Congress in discussing immigration reform.
of intense negotiations for a bipartisan deal on immigration collapsed in Congress on Thursday, leaving hundreds of thousands of young undocumented immigrants facing possible deportation. The rejection of four proposals in the Senate, coupled with a lack of consensus in the House, underscored the immense political pressures on Republicans and Democrats alike.
Thursday, February 15, 2018
Here's another fascinating immigration story from the Olympics in Pyeongchang. Akwasi Frimpong left Ghana for the Netherlands when he was just eight. He found tremendous success as a track athlete in his adopted country, but he wasn't able to compete internationally under a Dutch flag because, as it turned out, he was an irregular migrant.
In 2008, Frimpong finally received a Dutch passport and the freedom to compete on the international stage. But an injury meant that competition would not be on the field. Instead, Frimpong headed to the ice. He started as a bobsled brakeman and then found his way to the sport of skeleton.
At Pyeongchang, Frimpong is competing not as a Dutchman but as a Ghanaian. He told CNN: "I hope I can motivate kids in Ghana to chase their dreams."
The U.S. Court of Appeals for the Fourth Circuit, joining the Ninth Circuit, in an opinion by Chief Judge Roger Gregory, has invalidated the third iteration of President Trump's travel ban. The injunction, however, is stayed pending Supreme Court review of the case.
Immigration Article of the Day: Border Patrol Termination Rates: Discipline and Performance Problems Signal Need for Reform by Alex Nowrasteh
Border Patrol Termination Rates: Discipline and Performance Problems Signal Need for Reform by Alex Nowrasteh Cato Institute - Center for Global Liberty and Prosperity
The Trump administration wants to increase the size of the U.S. Border Patrol by hiring 5,000 more agents beyond the approximately 20,000 current agents, in addition to filling roughly 1,500 job vacancies. Congress will likely lower the hiring standards for some applicants to help reach the president’s staffing goals. Reports allege that corruption and misconduct are serious personnel problems at Border Patrol, but little direct evidence is available to evaluate the extent of such problems.
However, data from the Office of Personnel Management reveal that Border Patrol agents are more likely to be terminated for discipline or performance reasons than officers in other large federal law enforcement agencies (those with 5,000 or more officers). From 2006 to 2016, Border Patrol agents were twice as likely to be terminated for disciplinary infractions or poor performance as Immigration and Customs Enforcement agents and 49 percent more likely than Customs and Border Protection officers who work in the Office of Field Operations. Border Patrol agents were 54 percent more likely than guards at the Bureau of Prisons to be terminated for disciplinary infractions or poor performance, 6 times as likely as Federal Bureau of Investigation agents, 7.1 times as likely as Drug Enforcement Administration agents, and 12.9 times as likely as Secret Service agents.
Wednesday, February 14, 2018
The children of immigrants to the United States have made the 2018 Winter Olympics most memorable.
A most magical and pivotal moment came with the performance of Mirai Nagasu. Born in California, Nagasu's parents own Restaurant Kiyosuzu, a Japanese sushi restaurant in Arcadia. They are immigrants from Japan and were working at the restaurant while Mirai was making history. .
In the span of one glorious eyeblink, Nagasu, who had been snubbed by U.S. skating officials for a spot on the 2014 Olympic team, poured all she had worked toward these past four years into the opening jump of her free skate on the final day of the team competition.
And when she landed solidly on one foot, after making 3½ rotations in the air, Nagasu made history, becoming the first American woman to land the high-risk triple axel in Olympic competition.
The Hill reports on another Olympic champion, another daughter of immigrants. Sen. Dick Durbin (D-Ill.) held up Olympic snowboarding gold medalist Chloe Kim on Tuesday to argue against President Trump's call for a merit-based immigration system, saying that Kim's father would not have been allowed to come to the U.S. under the restrictions proposed by Trump. "Let's remember, Chloe Kim's story is the story of immigration in America," Durbin, the No. 2 Senate Democrat, said on Senate floor. "Chloe Kim's story is the story of people who come to these shores, determined to make a life." "They don't bring wealth. Many of them don't even bring proficiency in English. They certainly, in many cases, don't bring advanced degrees," he added. "They only come here with a determination to make a better life for themselves and a better country for all of us." Kim, 17, the daughter of South Korean immigrants, won her first gold medal at the Winter Olympics in Pyeongchang, South Korea.
Happy Valentine's Day: Times Square Celebrates Valentine’s Day 2017 With Immigration-Themed Heart Art
This World Migration Report 2018 is the ninth in the series. Since 2000, the International Organization for Migration has been producing world migration reports to contribute to increased understanding of migration throughout the world. This new edition presents key data and information on migration as well as thematic chapters on highly topical migration issues. Please click on the links below to access the report. The report can be downloaded as a whole, or by separate chapters.
TABLE OF CONTENTS
Chapter 1 Report overview: Making sense of migration in an increasingly
Part I: Data and information on migration
Chapter 2 Migration and migrants: A global overview
Chapter 3 Migration and migrants: Regional dimensions and developments
Chapter 4 Migration research and analysis: Growth, reach and recent contributions
Part II: Complex and emerging migration issues
Chapter 5 Global migration governance: Existing architecture and recent developments
Chapter 6 Mobility, migration and transnational connectivity
Chapter 7 Understanding migration journeys from migrants’ perspectives
Chapter 8 Media reporting of migrants and migration
Chapter 9 Migration, violent extremism and social exclusion
Chapter 10 Migrants and cities: Stepping beyond World Migration Report 2015
Immigration Article of the Day: The Risk of Statelessness: Reasserting a Rule for the Protection of the Right to Nationality by David Baluarte
The Risk of Statelessness: Reasserting a Rule for the Protection of the Right to Nationality by David Baluarte, Yale Human Rights and Development Law Journal, Vol. 19, 2017
A global effort to combat statelessness and defend the universal right to nationality is currently underway. Nevertheless, questions persist about the proper scope of the right to nationality, the appropriate form of statelessness protection, and the legal limits of state discretion to deny or deprive an individual of nationality. These questions have animated a heated transnational debate about statelessness in Hispaniola, where the government of the Dominican Republic has designed a legal system that excludes persons of Haitian descent from Dominican nationality. Central to this conflict is a question about whether actions by the Dominican state leave persons of Haitian descent stateless—without nationality anywhere in the world. This question has been the subject of a decade-long dialogue between the Inter-American Court of Human Rights and the Dominican justice system, which have expressed manifestly contrary views about the existence of statelessness in Hispaniola. In its most recent decision on the matter, the Inter-American Court declared that the Dominican state has an obligation to grant nationality to children born in its territory who face a “risk of statelessness.” This Article is the first to explore this doctrinal development, and it raises both legal and practical concerns regarding this new rule of protection. This Article warns of potential parallels between the “risk of statelessness” and “de facto” statelessness, which is a category unprotected under the international law of statelessness. It argues for the continued use of legal statelessness as the definitive trigger for statelessness protection and for the establishment of a standard of proof that will permit a determination of statelessness for persons who have disputed or unresolved nationality claims.
Tuesday, February 13, 2018
President Trump has proposed reform of the immigration laws and largely replacing family-based immigration with "merit-based" immigration. The Conversation has commentary on "merit-based" immigration from scholars from the United States, Australia, and Canada.
Immigration Article of the Day: Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution by Jennifer Gordon
Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution by Jennifer Gordon, Indiana Law Journal, Vol. 93, 2018
The relationship of immigration law to the Constitution has long been incoherent. One result is that there is little clarity on the appropriate standard of review for constitutional violations when aspects of immigration law and policy are challenged in the federal courts. This Article advances the Commerce Clause as the anchor of a new understanding of the link between the government's immigration power and the Constitution. Despite the extensive early history of the Foreign Commerce Clause as the presumed source of the immigration power, it plays almost no role in immigration jurisprudence today, and few scholars have seriously considered its suitability for that role. More strikingly, none have explored the Interstate Commerce Clause as an appropriate source of the immigration power, one that could open the door to a normalization of constitutional analysis in the immigration context. The Article argues that both the Foreign and the Interstate Commerce Clauses should be understood to undergird the contemporary immigration power, and suggests that acknowledging immigration’s relationship to the Commerce Clause clears a path to more routine constitutional review of immigration law and policy.
Monday, February 12, 2018
The White House’s Immigration Framework Would Eviscerate Immigration from Latin America, Africa, and Asia
Read this Center for American Progress report on the title ("The White House’s Immigration Framework Would Eviscerate Immigration from Latin America, Africa, and Asia"). The conclusion:
"Combined with efforts to raise the barriers to family reunification for to working-class immigrants and institute multiple Muslim and refugee Muslim and refugee bans by executive order, the Trump administration is deliberately chiseling away at the ability of certain people to enter the United States. Drastic cuts to our refugee resettlement program, reducing the target for resettlement from 110,000 refugees to a historic low of 45,000 similarly close the door to people seeking humanitarian protection in our country. The White House framework does not discuss changes to refugee and asylee admissions, thus they are excluded from the analysis. The extent of cuts would likely be greater if they were included.
Rather than “Make America Great Again,” the Trump administration’s immigration framework is really trying to make America white again. Congress shouldn’t take the bait. It should focus on the task at hand—protecting Dreamers—rather than remaking the entirety of American immigration policy."
Immigration is a challenging field. It can be hard to stay on top of the shifting sands of policy change, especially as new material emerges on an almost daily basis. Enter the question mark. Seriously.
Take INA § 212(a)(4), which I covered last Wednesday with this slide (among others):
Today, I'm going to return to this material, with the following change:
That question mark makes all the difference.
I back it up by providing students with a link to the newly proposed regulations regarding the public charge grounds of inadmissibility, posted to the class website. And I'll be using this Vox piece to explain how things have changed in the 5 days since we last had class. Or rather, how new proposals (which may or may not end up coming to fruition) have the potential to change what we understand about public charge inadmissibility.
The question mark doesn't solve everything all the time, but it's a good starting point.