November 5, 2005
France, Immigration and Integration
The continuing riots in the French suburbs are being read as a story of the failed integration of immigrant Arabs and Muslims. Anti-immigrant groups in this country have already begun to portray the events as a cautionary tale of the dangers of immigration.
But press reports make it clear that the violence has been spurred at least in part by the anti-immigrant sentiments repeatedly expressed by interior minister, Nicolas Sarkozy. (Read this New York Times story, for example.) One lesson to be learned from the violence in France is that anti-immigrant rhetoric from popularly elected leaders simply fuels violent actors on all sides without offering any practical solutions for the social and economic challenges of large-scale immigration. We should be discouraging this rhetoric among our own political leaders: it is becoming all too common.
Eagles Aren't Legal
At the Oct. 20 football game against Fort Worth
Carter-Riverside High School, Birdville High School students displayed signs that read, "Eagles aren't legal," "Go back to
the river" and "I live in a van by the river." The students from Carter-Riverside were not amused. The largely-Latino student body, mostly from immigrant families, was offended. After the Carter-Riverside students protested, the signs were taken down.
Because of that incident, the Birdville school district changed its policy, saying only signs that encourage a team can be displayed. District officials and Birdville students also apologized for the signs. Beginning yesterday, spirit signs made by Birdville High School students will encourage their team, not put down the opposition.Source: Ft.Worth Star Telegram, Nov. 4, 2005
November 4, 2005
US Border Crossings Drop 20%
The volume of travel to the United States from Canada and Mexico declined by 20 percent between FY 2000 and FY 2004, according to data released by the Migration Policy Institute. The decline was revealed by a drop in the number of inspections at U.S.air, land, and sea ports of entry, with land inspections decreasing by 24 percent. The U.S.-Canadian border experienced a sharper decline (31 percent) than the U.S.-Mexico border (21 percent). While the steepest drop occurred between FY 2001 and FY 2002, the volume has continued to decrease annually.
support the anecdotal evidence we have been hearing in border communities about
a post-September 11 decline in discretionary travel that has yet to reverse
itself,” said Senior Policy Analyst Deborah Meyers.
migration issues associated with border security and NAFTA was on the
agenda as Secretary of State Condoleezza Rice met with Canadian officials last week,
and when the U.S.-Mexico Binational Commission met in Washington, D.C. In advance of these meetings, the Migration Policy Institute released a
fact sheet based on the latest data on trilateral trade featured at:
In advance of these meetings, the Migration Policy Institute released a fact sheet based on the latest data on trilateral trade featured at:
in March 2005. The agreement aims to establish a common approach to
security while allowing for the continued movement of people, goods and
services across North American borders.This diplomatic meetings provided an early opportunity for policymakers to evaluate
progress under the Security and Prosperity Partnership signed by the United States, Mexico, and Canada.
Attorneys Fees in Immigration Appeals
The Ninth Circuit on November 3 decided Thangaraja v Gonzales, No 02-73970 is noteworthy for granting $10,000 in attorneys fees under the Equal Access to Justice Act for a successful petition for review in an immigration case. Don't forget this possibility. Thanks to Cappy White for this breaking news!
New Proposal to Eliminate Birthright Citizenship
No surprise in these times that the Washington Times reports that some members of the U.S. Congress want to, besides increasing border enforcement, eliminate birthright citrizenship under the Foureteenth Amendment. It seems like we get to hear about this every so often, generally with a cite to the Schuck and Smith book (although this article does not refer to the book).
New Immigration Law Papers
The November issue of IMMIGRATION, REFUGEE & CITIZENSHIP LAW ABSTRACTS (Social Science Research Network) is out. Bernie Trujillo (Wisconsin) has joined Jack Chin (Arizona) as co-editor. The articles abstracted are as follows:
"Bogus Refugees? The Determinants of Asylum Migration to Western Europe" International Studies Quarterly, Vol. 49, No. 4, pp. 389-409, 2005 BY: ERIC NEUMAYER London School of Economics E.NEUMAYER@LSE.AC.UK
"Human Rights and Homo-Sectuals: The International Politics of Sexuality, Religion, and Law" Northwestern Journal of International Human Rights, Vol. 4, 2006 BY: JEFF REDDING The American University in Cairo Document: Available from the SSRN Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=825427 Contact: JEFF REDDING Email: Mailto:email@example.com
"Leaving Guantanamo: The Law of International Detainee Transfers" University of Richmond Law Review, 2006 BY: ROBERT CHESNEY Wake Forest University School of Law Document: Available from the SSRN Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=827604 Paper ID: Wake Forest Univ. Legal Studies Paper No. 05-22 Contact: ROBERT CHESNEY Email: Mailto:firstname.lastname@example.org
"The Canada/U.S. Dynamic Post 9/11: Maintaining Sovereignty, Balancing Security Interests & Civil Liberties in Canadian Immigration Policy-Making" BY: ALISON FORREST Queen's University Document: Available from the SSRN Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=830026 Paper ID: CLPE Research Paper No. 4 Date: 2005 Contact: ALISON FORREST Email: Mailto:email@example.com
"The Practice and Legality of Rendition" BY: KATHERINE R. HAWKINS Independent Author Document: Available from the SSRN Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=824785 Date: October 9, 2005 Contact: KATHERINE R. HAWKINS Email: Mailto:firstname.lastname@example.org
November 3, 2005
Environmental Scare Tactics
Check out a scanned full-page advertisement in E! ('The Environmental Magazine,' Nov./Dec. 2005), placed by Negative Population Growth. The "headline" is "Immigrant Amnesty Deal Would Bring Runaway U.S. Population Growth." Lee Hall brought this to our attention.
November 2, 2005
Bush keeping quiet on immigration reform
Today's Washington Post reports that Bush is keeping his rhetorical support for immigration reform fairly muted as he proceeds to South America for the Summit of the Americas. The reason identified by the aticle: Republicans in Congress are more interested in issues of border security than broader immigration reform -- even Bush-style, guest worker reform. Read more here.
Chertoff's New Border Policy
Department of Homeland Security (DHS) Secretary Michael Chertoff announced today a comprehensive multi-year plan to secure America's borders and reduce undocumneted migration, entitled the Secure Border Initiative (SBI).
Detention and Removal
DHS will eliminate completely the "catch and release" enforcement problem. DHS is developing the capability to return every single illegal entrant amenable to removal -- no exceptions. The goal is to achieve significant progress on this capability in less than a year. The detention and removal process will be re-engineered to create an efficient system that will always have available detention capacity, and will have a streamlined process for removal while minimizing an alien's time in detention. This will be achieved through greater efficiencies in the removal process, cooperation with foreign governments, increasing detention capacity and expanding expedited removal.
Technology & Infrastructure
DHS will field the most effective mix of current and next generation technology with trained personnel. Our goal is to ultimately have the capacity to integrate multiple state of the art cameras and sensors into a single comprehensive detection system and expand infrastructure systems throughout the border where appropriate to strengthen our efforts to reduce illegal entry.
DHS will strengthen interior enforcement efforts to target those who enter illegally by unequivocally enforcing our laws and making sure that removal is achieved. Strong worksite enforcement is key to effective interior enforcement. DHS must be able to ensure that employees are in our country legally and are properly authorized to work.
DHS also plans to strengthen interior enforcement by expanding state and local partnerships with existing state and local law enforcement personnel through the creation of DHS sponsored task forces focused on border enforcement; improving the Criminal Alien Program to identify and remove all incarcerated criminal aliens in federal and state prisons; and increasing fugitive operations until all aliens who received orders of removal are actually removed.
Border-related crime affects communities on both sides of the land boundaries, and a shared approach is imperative to disrupting criminal groups and saving lives. SBI will be implemented in a way that entails an appropriate dialogue with the governments of Mexico and Canada.
DHS will work with other foreign governments to ensure they provide timely travel documents in order to remove the backlog of their nationals in our detention facilities. DHS will also ensure there is a productive dialogue in order to safely and quickly repatriate migrants back to their nations at the same rate at which they are arriving.
Temporary Worker Program
SBI will serve as the enforcement complement to the Temporary Worker Program that President Bush proposed last year. The Temporary Worker Program will have the effect of enabling migrants to pursue work in regulated, legal channels - and will increase safety and security by giving us a better idea of who is entering our country and for what purpose.
Office of Immigration Statistics
The Office of Immigration Statistics has announced a new publication series that
focuses on a variety of immigration-related topics in one or two page overviews.
Fact Sheet on Employment-Based Legal Permanent Residents.
This report defines terms related to legal permanent residents (LPRs) and describes the
characteristics of persons who became employment-based LPRs during 2004.
Fact Sheet on Family-Sponsored Legal Permanent Residents.
This report defines terms related to legal permanent residents (LPRs) and describes the
characteristics of persons who became family-sponsored LPRs during 2004.
2004 FLOW REPORTS
U.S. Legal Permanent Residents: 2004
Naturalizations in the United States: 2004
Temporary Admission of Nonimmigrants to the United States in 2004
Refugee Applicants and Admissions to the United States: 2004
Alito on Immigration: From the New York Times
The New York Times (November 2) has an article on Judge Alitio that discusses some of his immigration decisions. It can be found at http://www.nytimes.com/2005/11/02/politics/02abortion.html?ei=5094&en=b90c01173e43b843&hp=&ex=1130994000&adxnnl=1&partner=homepage&adxnnlx=1130939904-aneo/Ev9FyNsXsHw3oCffg Interestingly, Judge Alito does not seem particularly sympathetic to asylum claims, even those based on claims of forced sterilization and abortion. In essence, it does not appear that he will be like a Judge Noonan of the Ninth Circuit (who was appointed by Ronald Reagan in no small part because of his anti-choice views and has proven to be decent in immigration cases).
November 1, 2005
Violence along the border
Providing yet another indicator of the human toll of the border crackdown along the U.S-Mexico border, new statistics show that assaults of border patrol agents have nearly doubled along the U.S. Mexico border over the last year. An L.A. Times article reporting the numbers is available here.
The escalation of violence strongly suggests that it is time to re-evaluate our immigration policies in general and our border control tactics in particular. Unfortunately, it's not clear that any such re-thinking is going on. The statistics are likely to be used in support of reflexive (and evidently circular) demands to increase the militarization of the southern border region. That would be a shame, as such a response misses the true meaning of the story told by these numbers. -jmc
Recent Congressional Research Service Reports
For recent Congressional research Reports on immigration Issues, see http://lawprofessors.typepad.com/law_librarian_blog/2005/11/recent_crs_repo.html
Latinos and Education
Today the Pew Hispanic Center issued three new reports related to Latinos and education. A report on the characteristics of high schools attended by different racial and ethnic groups finds that Latino teens are more likely than blacks and whites to attend the nation’s largest public high schools. A report on high school enrollment points to the importance of schooling abroad in understanding the dropout problem for immigrant teens, finding that those teens have often fallen behind in their education before reaching the United States. And a report on college enrollment finds that the number of young Hispanics going to college is increasing. See http://pewhispanic.org
TPS for Pakistanis
Immigrants rights groups around the country are advocating for Temporary Protected Status for Pakistani nationals who cannot return to Pakistan as a result of the damage to parts of the country from the October 8 earthquake. Under 8 USC 1254a, TPS may be granted to foreign natinals living in the U.S. who cannot return safely to their home countries due to armed conflict and civil unrest, environmental disasters, or other extraordinary and temporary conditions. For more information, contact SAALT at email@example.com or the South Asian Network at firstname.lastname@example.org
Immigration and Terrorism Expert to Speak at Notre Dame Law School
Jimmy Gurulé, professor of law in the University of Notre Dame Law School, will give a lecture on "The Need for Immigration Reform in the War on Terror" at noon November 16 at Notre dame Law School. Gurulé, an expert in international criminal law, is particularly interested in terrorism, terrorist financing and the prevention of money-laundering. He has worked in numerous public law enforcement positions, including as undersecretary for enforcement in the Department of the Treasury from 2001 to 2003, where he helped draft and implement the U.S. government’s anti-terrorist financing strategy. In addition to serving in the Treasury Department, he was an assistant attorney general from 1990 to 1992 in the Department of Justice, the highest ranking Hispanic in the department's history. A member of the Notre Dame Law School’s faculty since 1989, he teaches courses on international criminal law and the law on terrorism. The lecture is sponsored by Notre Dame’s Institute for Latino Studies.
Economic Report of the President 2005
The Economic Report of the President, which was transmitted to Congress last February, includes an interesting section on immigration (pp. 93-116). Part of the section seems geared to selling the President's proposed temporary worker program. The report highlights two other "key points" about immigration being (1) "[t]he flexibility of the U.S. labor market helps immigrants succeed."; and (2) "[a] comprehensive accounting of the benefits and costs of immigration shows that the benefits of immigration exceed the costs." (p.93). For those interested in immigration reform, the Economic Report is well worth a look.
October 31, 2005
FBI Immigration Name Checks
Within the last year, USCIS has submitted approximately 1.5 million name check requests to the FBI (for prospective immigrants and others facing immigration/removal problems). Of these, 233,000 are still pending. This does not include the 2.7 million names that the FBI had to re-run after 9/11, of which 2600 are still mending. The FBI has a first in, first out policy for conducting name checks. If there is a hit, an analyst has to review the physical file and any related documents. USCIS does have the ability to take request that the FBI take cases out of order. The FBI has implemented a phone number for individuals to call and inquire about the status of their name checks: National Name Check Office: 202-324-2399. You can also email to inquire the status of your case: email@example.com
Deportation and Security?
Yesterday's L.A. Times provided insight into the ways that U.S. deportation of gang members may actually be promoting international gang activity. In an interdependent world, perhaps we should question long-standing assumptions regarding the efficacy of removal as a means of "incapacitating" criminals (and other "security threats"). The L.A. Times article is here.
Federal Judges Blast Immigration Decisions
Federal appellate judges in circuits around the country are expressing mounting concern that cases rushed through an administrative process have not only flooded some circuits with appeals but have also caused lives to get lost in the shuffle of streamlining. Federal judges have become more sharp in their criticism of immigration judges, with phrases like, "ignored the evidence" or "riven with error" or "astounding lapse of logic" or analysis that was "woefully inadequate." The problem has been growing in the wake of a three-year-old program to speed up resolution of a 56,000-case backlog at the time of the 9/11 attacks. The process cut DOJ's backlog of penidng cases to 29,000 this year.
Now two appellate courts are drowing in immigration appeals. The 9th Circuit has had 560% increase since 2001; the smaller 2d Circuit has had a 1,400% increase since 2001.
source: National Law Journal, Oct. 24, 2005