October 29, 2005
Luis Posada Case
A story in the Miami Herald (Oct. 30) "No U.S. appeal means no Posada extradition" by Alfonso Chardy reports that
Cuban exile militant Luis Posada Carriles no longer needs to worry about whether the U.S. government intends to deport him to Venezuela, his adoptive country. The 30-day deadline to appeal an immigration judge's Sept. 26 ruling against Posada's removal to the South American country expired Wednesday; the federal government did not appeal the decision, Posada's lawyers said Thursday. This means that unless the Bush administration finds a third country willing to take Posada or pursues Venezuela's extradition request in federal court, Posada is now virtually guaranteed permanent protection in the United States. Deportation to Cuba, Posada's country of birth, was ruled out earlier. U.S. officials had no comment on the lack of appeal, but noted that the immigration judge ordered Posada removed -- albeit neither to Venezuela or Cuba. ''The immigration judge has ordered that Mr. Posada be removed from the United States,'' said Dean Boyd, an Immigration and Customs Enforcement spokesman. ``ICE intends to carry out that order.'' `Relieved' Posada, held at an immigration facility in El Paso, Texas, told one of his attorneys Thursday that he was ''very happy and relieved'' that the U.S. government did not appeal the judge's order. Matthew Archambeault, a Posada attorney in the Coral Gables immigration law firm of Eduardo Soto, said his client was now looking forward to being released.
Does foreign policy ever enter into these types of decisions? :)
H1B Visas Numbers Being Used Up
U.S. Citizenship and Immigration
Services recently announced this week that approximately 13,000 of the 20,000 H-1B visa
numbers designated for individuals holding a master's degree or higher from a
U.S. institution already have been used for the fiscal year, that just started October 1,
Opportunities for foreign nationals under this category may run out soon just a few weeks into the new fiscal year.
October 28, 2005
Texas Southern University, Thurgood Marshall School of Law, the Earl Carl Institute for Legal and Social Policy, Inc. and the Institute for International and Immigration Law, are hosting a Post-Katrina conference on November 18, 2005. Among the many fascinating topics are (1) "`Refugees' or `Displaced' Americans" and (2) Immigration Issues. Among the panelists on the international and immigration law panel are George Edwards (Indiana), Adrien Wing (Iowa), Ahati Touré (Houston), and Maurice Hew (Thurgood Marshall), with Judge (and Professor) Lupe Salinas (Thurgood Marshall) as moderator. For more information, see Download katrina_symposium_11_18_05_2.pub
Frist on Immigration Reform
The Senate will take up immigration legislation next year that will go beyond improved border security to the contentious issue of including undocumented immigrants in a guestworker program according to Senate Majority Leader Bill Frist. Frist wants to address employer sanctions in particular, and intends to deal with these issues in a border security bill. On Tuesday, Frist appeared with Senators John McCain and John Cornyn who have championed opposing approaches on the issues of undocumented immigrants and guestworker programs. McCain and Senator Ted Kennedy have introduced legislation that would place guestworkers on a path toward permanent residence if penalties are paid. Cornyn and Senator Jon Kyl support proposal that would require undocumented workers to return to their home country to apply for a temporary worker program.
source: Associated Press, Oct. 25, 2005
Washington Post Review of Book on Dual Citizens
The Washington Post has a critical review today of Stanley Renshon's new book "The 50 Percent American: Immigration and National Identity in an Age of Terror" (Georgetown University Press, 2005). According to the review, the book contends that dual citizens have a shallow attachment to the American national community. http://www.washingtonpost.com/wp-dyn/content/article/2005/10/27/AR2005102701219_pf.html
H1B Visa ReliefIn response to strong lobbying efforts by AILA, the Senate Judiciary Committee has passed a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. The measure, part of the budget reconciliation process, still must pass the full Senate and then be reconciled with the House's alternative proposal, which imposes a $1,500 fee increase on L visas. bh
New Immigration Book
FROM WWW.ILW.Com David Heenan's new book, "Flight Capital: The Alarming Exodus of America's Best and Brightest" http://www.flight-capital.com/ explores the consequences of immigrants who return to their home country equipped with the education, training, and work experience acquired in the U.S, resulting in a brain drain for the U.S. According to Heenan, approximately 200,000 foreign-born Americans have already returned to their native homelands attracted by the opportunities available back home. The book warns that current immigration policies dissuade foreign talent from settling in the U.S. and warns that immigration reform is critical to the economic survival of the U.S. The book examines in detail how countries around the world have benefitted from the innovations that returning natives have brought to their home countries. All is not lost, according to David Heenan, who provides in his book a dozen strategies for winning the talent war. For an article excerpt, see here. http://starbulletin.com/2005/10/23/business/bizcol.html
Immigration Experience of Possible Supreme Court Nominee
According to some reports, including CNN, Maureen Mahoney is one of the possible nominees to the U.S. Supreme Court. A former law clerk to Chief Justice Rehnquist and current Latham & Watkins partner, Mahoney served as Deputy Solicitor General in the first Bush administration. In that capacity, she successfully argued for the U.S. government in several important immigration cases including Sale v. Haitian Centers Council, Inc. (1993) (Haitian interdiction), INS v. Doherty (1992) (asylum claim of a former Provisional Irish Republican Army member), and ), and INS v. Elias -Zacarias (1992) (asylum claim of Central American). More recently, while in private practice, Mahoney successfully defended the University of Michigan law school's race-conscious affirmative action program in Grutter v. Bollinger (2003). Her role in Grutter probably decreases the likelihood that Mahoney gets the nomination.
October 27, 2005
The Human Rights First website has a link to the Padilla cert. petition. The link is here. Thanks to Dan Kowalski for the heads-up. -jmc
AALS Annual Meeting
The AALS Annual meeting will be from Jan. 4-7 , 2006 at the Marriott Wardman Park in Washington, D.C.;as most of you law professors probably know, it was moved from New Orleans. The Section on Immigration Law Luncheon is on Friday, Jan. 6. (Unfortunately, it conflicts with the Section on Minority Groups Luncheon.). A Section on Immigration Law Program, co-spronsored by the Section on Minority Groups, will be on Saturday, Jan. 7 from 9 a.m.-noon; the topic is "Law and Policy Affecting Immigrant and Refugee Children." See description below. Another panel that may touch on immigration issues is the Section on Minority Groups program on "The Fate of Minority Inter-Group Collaboration, Conflict and Coalition Formation: A Critical Dialogue About Minority to Minority Race-Relations" on Friday, Jan. 6 at 10:30 a.m. to 12:15 p.m.
Here's a description of the Section of Immigration Law Program. The papers presented will be published in the Boston University Law Review and the Boston University Public Interest Law Journal.
Moderator: Susan Musarrat Akram, Boston University School of Law
Speakers: Jacqueline Bhabha, Executive Director, Committee on Human Rights Studies, Harvard University, Cambridge, Massachusetts
Berta E. Hernandez-Truyol, University of Florida Fredric G. Levin College of Law
Angela Lloyd, The Ohio State University Michael E. Moritz College of Law
Christopher Nugent, Community Services Team Administrator, Holland & Knight, Washington, District of Columbia
Linda Piwowarczyk, Co-Director, Boston Center for Refugee Health and Human Rights, Roxbury, Massachusetts
David B. Thronson, University of Nevada, Las Vegas William S. Boyd School of Law
This program will highlight the legal standards, policies, issues and particular problems affecting immigrant and refugee children in the United States. The program comprises two panels, the first focusing on issues relating to immigrant and refugee children subject to removal proceedings, including detention standards and conditions, removal process and procedures, special problems facing children under the relevant standards and procedures, and the effects of the removal and detention process on the psychosocial needs of children. The second panel, cosponsored by the Section on Minority Groups, focuses on constitutional rights, access to benefits, and problems of the applicability of such rights and benefits to immigrant and refugee children under state and federal law and policy. Both panels will incorporate aspects of U.S. domestic law and relevant international legal standards into the discussions.
Panel 1: Presenters Nugent and Akram, Bhabha and Dr. Piwowarczyk. Every year, thousands of migrant children are removed or deported by states because they lack regular immigration status. Some, such as Mexican children in the U.S. and Albanian children in Italy, are simply unaccompanied to the border and left to fend for themselves. More commonly, returned unaccompanied minors are handed over to welfare agencies, relatives, and state officials. No claim is made that this is a protective measure, although occasionally decision-makers argue that it is best for children to return ‘home.’ But neither is it claimed that removal or deportation are punitive measures for children the involvement of social services to trace and connect with families belies that. How, then, do states justify this aspect of their immigration policies? Do they consider children responsible for their irregular status and therefore in some sense culpable and deserving of punishment? Or do they consider children innocent victims of others’ choices? How, if at all, do they factor the ‘best interests’ of the child into their procedures? The removal procedures for unaccompanied minors highlight the tension between the state’s protective role as parens patriae, activating welfare support, and the state’s punitive role as border cop, ejecting illegals. Ms. Bhabha will focus on these questions, examining a range of circumstances in which unaccompanied minors are removed or deported by states under domestic and international legal frameworks, policies and practices in a range of states, and the urgent need for reform of current practices.
Mr. Nugent will focus more deeply on US domestic standards and policies affecting immigrant and refugee minors in detention. His discussion will highlight the particular problems of minors in the larger detention facilities on the US border, the problems of access to counsel and barriers to effective legal representation, from legal standards to immigration agency policies and practices.
Little has been written in the medical literature about the emotional impact of detention on children. Drawing from the available data and literature, Dr. Piwowarczyk will focus on the emotional effects of detention on children, and the particular psychosocial problems of children refugees in detention. She will review what is known by medical caregivers about the impact of trauma on refugee children, and put forward medical justifications for less restrictive responses than detention of immigrant and refugee children, and the need for more holistic settings for the long-term health and well-being of such children.
Panel 2: Presenters Thronson, Hernandez-Truyol and Lloyd. Immigration status plays a decisive, but largely overlooked role in family law matters. Professor Thronson has conducted a systemic review of family court decisions that reveal that judges and advocates in the family court setting frequently attach exaggerated legal significance to immigration status with little explanation and less analysis. Here, Professors Thronson and Lloyd will both explore in more depth the roles that child custody plays in immigration law. The erratic inclusion of custody requirements in immigration and citizenship law demonstrates lack of coherent policy regarding the role that custody should play in such settings. Moreover, the varying requirements of immigration law are out of synch with prevailing values and policies underlying custody determinations in family courts. Examining the lack of connection in these frameworks raises fundamental questions of childrens’ interests and rights, particularly immigration rights, within immigrant families. When children hold immigration rights that custodians are unable to claim, how can immigration law be reconciled with the complex realities of children as members of families? How, if at all, are traditionally recognized parental rights affected by immigration law? These two presenters will discuss the complex intersection of state family law and family courts on immigrant children’s rights.
Professor Truyol will look in more detail at U.S. immigration law affecting minors as it currently exists, as well as proposed legislation that affects documented and undocumented immigrant and minority families, such as the currently-debated ‘DREAM Act.’ She will compare the applicable U.S. domestic legal standards and jurisprudence to the relevant international human rights law framework, primarily the standards under the Convention on the Rights of the Child, as well as other instruments. How do recent Supreme Court opinions acknowledging the role of international standards compare with the jurisprudence on constitutional rights/benefits (or lack thereof) with regard to immigrant children?
Business Meeting for Section on Immigration Law at Program Conclusion
BREAKING NEWS -- Back to the Drawing Board on the Supreme Court
CNN is reporting that President Bush "reluctantly" has accepted Supreme Court nominee Harriet Miers's request to withdraw her nomination. www.cnn.com
October 26, 2005
Women in prison....and immigration?
A brief A.P. story reports on the fact that women are making up a growing percentage of the inmate population of state and federal prisons, and that women now account for almost 1 in 4 arrests. The story is here. The detention figures include immigration detention facilities as well as other prisons and jails.
These numbers raise the question (for which I have no answers) of the degree to which the growing focus on criminal immigration prosecutions, not to mention the routine mandatory detention of removable noncitizens, is contributing to the feminization of the nation's inmate population.
New CRS Report: Terrorism for Immigration Purposes
The Immigration Daily (Oct. 27) (www.ilw.com) includes a pdf to a Congressional Research Service Report on the terrorism-related grounds for inadmissibility and removalability. It is a nice concise summary of the grounds
The Midwest Legal Immigration Project presents its 6th Annual Basic Immigration Law Training, an intensive 1-week seminar, May 16-20, 2005 in Des Moines, Iowa. Seminar covers: family immigration, deportation, asylum, relief from removal, employment, immigration benefits (registry, family unity, NACARA, VAWA, and temporary protected status), fiancee visas, consular visa processing, immigration court representation, preparation of waivers, criminal convictions, obtaining and posting bond, mandatory detention, and working with Congressional offices. Ideal for both non-profit personnel & for-profit private attorneys. Provides skills and know-how to begin a basic immigration legal practice and serve immigrant clientele with confidence on both law + procedure. Seminar will assist private attorneys in starting niche practice in high-growth areas. Attorneys dabbling in immigration law can increase both knowledge and range of competence for their immigrant clients. Tuition cost: private attorneys =$1,500; non-profit personnel= $1,000. 37 immigration CLE credits + 2.75 ethics CLE credits approved. For more info. or to register, call (515)-271-5730, email Justice@BenzoniLaw.com; or visit http://www.benzonilaw.com/education.htm.
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For additional information, please go to http://www.cmsny.org.
More on the Vigilantes
The fall 2005 issue of American Friends Service Committte's Quaker Action, has a number of immigration stories, including on vigilantes on the border. http://www.afsc.org/news/quaker-action.htm For information, and snippet, of a new film about vigilantes on the border, see http://www.witness.org/option,com_rightsalert/Itemid,178/task,view/alert_id,43/
Thanks, Lee Hall, for this tip!
Bilingual Ballots in BostonA panel of judges has approved a settlement that requires the City of Boston to provide Chinese, Vietnamese, and Spanish language assistance to voters, including bilingual ballots and voter notices, and interpreters. The settlement also requires mandatory poll worker and interpreter trainings, creates mechanisms to complain about poll workers, establishes an advisory task force, and permits federal examiners to monitor the elections. This is the first time fully-translated Chinese language ballots have been mandated by a court order. The settlement also requires full implementation of the language assistance provisions of the Voting Rights Act for Spanish-speaking voters. It is also only the third case ever filed under the nondiscrimination provisions of the federal Voting Rights Act concerning Asian Americans. Asian American and Latino community-based organizations and individual voters sought to join the lawsuit as parties. Although the court denied their motion to intervene, the court did so “without prejudice” allowing them to return to the court in case of any backsliding on the agreement contained in the settlement. The court further explicitly noted that the settlement allows for the “meaningful consultation from relevant community groups.” AALDEF, Greater Boston Legal Services, and Weil, Gotshal & Manges, LLP represented the Asian American and Latino organizations and voters. source: Press Release from Asian American Legal Defense and Education Fund, Oct. 19, 2005 bh
Federal Judges Criticism of Immigration Decisions
The National Law Journal (Oct. 24) has a story by Pamela A. MacLean entitled "Judges Blast Immigration Rulings." It reports that federal appellate judges in circuits around the country are expressing mounting concern that cases rushed through an administrative review process have not only flooded some circuits with appeals but have also caused lives to get lost in the shuffle of streamlining. The article is available, with registration, at www.nlj.com The Board of Immigration Appeals "streamlining" procedures strike again!!!!!!!! Keep in mind that one of the strongest critics of the BIA is Judge Richard Posner.
October 25, 2005
Day Labor Worker Centers ChallengedIn Herndon, Virginia, the Town Council in August approved plans for a day laborer hiring site. A coalition of nonprofit and community groups called Project Hope and Harmony has applied for a grant from Fairfax County to cover start-up costs. After the vote, Judicial Watch sued Herndon and the County, arguing that federal law prohibits employers from hiring the workers and that public money cannot be spent on undocumented immigration. In Herndon, a group calling itself the Herndon Minutemen plans to begin patrolling day laborer hiring spots. The will snap photos of workers and employers who pick them up and send the information to immigration officials. Under pressure from anti-immigrant forces, leaders in Hoover, Alabama, shut down a multicultural resource center in August that was housed in a municipal building and served as a day labor hring hall. This summer, Arizona passed a law banning the building or maintaining of centers that facilitate the hiring of undocumented immigrants. The Center for the Study of Urban Poverty at UCLA estimates that there are more than 100,000 day laborers across the country. Source: Emily Bazar, USA Today, Oct. 24, 2005 bh
News from ColoradoGovernor Bill Owens was presented with a petition signed by a few people, requesting that he develop internment camps, or holding pens, for "illegal immigrants" to await deportation. Governor Owens dignified the petition by asking his legal advisor "whether he could do that." A petition is circulating asking the Governor "to condemn this kind of unpatriotic, immoral scapegoating. http//www.progressnowaction.org/page/petition/Owens1005/kvwxt KJ
Confrence Call on Katrina Fallout
The National Immigration Law Center has scheduled a national conference call for Thursday, November 3 at 9:30 PDT/12:30 EDT. Hurricanes Katrina and Rita, and the reconstruction efforts, have had a profound impact on immigrants, both inside and outside of the Gulf region. The need to develop a coordinated national agenda to address a range of short and long term issues has become increasingly clear. Issues to be discussed on the call include:
The exploitation of immigrant workers
Barriers to disaster relief services and benefits
Immigration enforcement targeted at disaster relief settings
Race and Ethnic tensions between native-born and immigrant workers in the Gulf
The NILC will send out a detailed agenda and call-in instructions early next week. Please register for the call or offer suggestions regarding the call by sending an email to Monica Guizar at: firstname.lastname@example.org.