Saturday, September 8, 2012
In September 1968, Congress authorized President Lyndon B. Johnson to proclaim National Hispanic Heritage Week, which was observed during the week that included Sept. 15 and Sept. 16. The observance was expanded in 1988 by Congress to a monthlong celebration (Sept. 15 – Oct. 15), effective the following year. America celebrates the culture and traditions of those who trace their roots to Spain, Mexico and the Spanish-speaking nations of Central America, South America and the Caribbean.
Sept. 15 was chosen as the starting point for the celebration because it is the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on Sept. 16 and Sept. 18, respectively.
Map courtesy of No Papers, No Fear/Ride for Justice Website
The Charlotte Observer reports that ten undocumented immigrants who were arrested in a Charlotte protest Tuesday have been released from jail, and none have been referred for deportation, federal authorities say. According to the Observer, ICE has taken no enforcement action against the Ride for Justice activists arrested Tuesday in Charlotte,” said Vincent Picard, a spokesman for U.S. Immigration and Customs Enforcement.
The immigrants arrested for a peaceful protest travelled on the Undocubus from Arizona across the country to attend the Democratic National Convention.
Friday, September 7, 2012
This passage from President Obama's acceptance speech at the Democratic convention stood out to me:
"We don't think the government can solve all of our problems, but we don't think the government is the source of all of our problems — any more than our welfare recipients or corporations or unions or immigrants or gays or any other group we're told to blame for our troubles — because America, we understand that this democracy is ours."
Click here for the entire speech.
Of course, there is hypocrisy here, as Obama's ICE continues on its record-breaking detention and deportation efforts.
The BLT: Blog of Legal Times has a nice profile of our Immigrant of the Day, Mark Keam, an immigrant from Korea who is a delegate at the Democratic National Convention. Keam is a delegate from Virginia and also a member of the Virginia House of Delegates.
Keam was born to a Presbyterian minister in Seoul, South Korea, in 1966. His family later founded a church in Vietnam. After the fall of South Vietnam, the family briefly lived in Australia. Keam's family eventually settled in Orange County, California. Keam received a Political Science degree from the University of California at Irvine and later earned a law degree from Hastings College of the Law. Keam served as Senator Richard Durbin's chief counsel on the Senate Judiciary Committee from 2001 to 2007, when he left to join Verizon Communications as a Vice President and Counsel. In 2009, he was elected to the Virginia House of Delegates. For a fuller bio, click here.
Immigration Article of the Day: When Women Were Aliens: The Neglected History of Derivative Marital Citizenship by Helen Irving
When Women Were Aliens: The Neglected History of Derivative Marital Citizenship by Helen Irving University of Sydney - Faculty of Law July 17, 2012 Sydney Law School
Abstract: Between the mid-nineteenth and mid-twentieth centuries, in virtually every country in the world, women who married foreign men were stripped of their citizenship, and turned into aliens in their own country. Marital denaturalization laws were supported by the international community until well after the Second World War: single citizenship, family unity, diplomatic convenience, and inter-state comity, were treated as imperatives that overrode women’s independent personal status. Such laws, which expanded at the very time when women were gaining legal and political rights, impacted radically, sometimes tragically, on individual lives, including rendering many thousands of women stateless. This essay gives an account of the emergence and evolution of such laws, with particular reference to Britain and the United States. It provides a ‘snapshot’ of individual cases, and an overview of the international community’s response.
The Center for Gender and Refugee Studies (CGRS), based at the University of California Hastings College of the Law, is seeking candidates for Summer 2013 Judith Stronach Women’s Rights Fellowship positions. CGRS provides legal expertise, training, and resources to attorneys representing asylum seekers, advocates to protect refugees, advances refugee law and policy, and uses domestic, regional and international mechanisms to address the root causes of persecution.
Stronach Fellowship positions are not funded. CGRS encourages Fellows to seek outside funding to support their work.
CGRS’s Law Clerk functions as a full--time fall law clerk for 10- to 12-week terms. Law Clerks are involved in the full range of CGRS’s work, and work closely with CGRS lawyers and staff in other projects as needed. For example, projects might include:
Researching and writing on key legal issues Assisting in the various stages of appellate advocacy
Analyzing emerging asylum law trends
Developing training and technical assistance materials
Conducting national policy work
Engaging in international human rights projects Given our small office and high volume of work, law clerks must be able to work with minimal supervision. Qualifications
Demonstrated commitment human rights and social justice
Strong research and writing skills
Experience or background in asylum or international human rights law
Completion of three semesters of law school is strongly preferred
Ability to work independently and within a team
Ability to protect the confidentiality of our work and our communications
Fluency in Spanish or French is desirable, but not required
Submit a cover letter, resume, brief writing sample (5-10 pages), and list of three references to CGRShires@uchastings.edu with the subject line “Summer 2013 Judith Stronach Women’s Rights Fellowship.”
The cover letter should explain how the applicant’s experiences relate to the mission and work of CGRS. The cover letter should also indicate eligibility for work study as well as prospects for securing external funding. Applications will be accepted starting September 7, 2012 and until October 14, 2012. No phone calls.
Thursday, September 6, 2012
As Kevin Johnson noted earlier, the Democratic National Convention featured Benita Velez, a DREAMer, as a speaker last night. Many speakers, including Bill Clinton, talked about the importance of President Obama's executive order for DREAMers. The need for comprehensive immigration reform has been a theme and is in the Democratic platform. I'm sure President Obama will mention immigration in his speech tonight.
I was curious whether Mitt Romney even mentioned immigration in his speech last week. He did...twice. here is the context of those sentences:It is what brought us to America. We are a nation of immigrants. We are the children and grandchildren and great-grandchildren of the ones who wanted a better life, the driven ones, the ones who woke up at night hearing that voice telling them that life in that place called America could be better.
They came not just in pursuit of the riches of this world but for the richness of this life.
Freedom of religion.
Freedom to speak their mind.
Freedom to build a life.
And yes, freedom to build a business. With their own hands.
This is the essence of the American experience.
We Americans have always felt a special kinship with the future.
When every new wave of immigrants looked up and saw the Statue of Liberty, or knelt down and kissed the shores of freedom just ninety miles from Castro’s tyranny, these new Americans surely had many questions. But none doubted that here in America they could build a better life, that in America their children would be more blessed than they.
For Romney's entire speech, click here.
On Remand from Supreme Court, District Court Refuses to Enjoin S.B. 1070 "Show Your Papers" Provision
On remand from the Supreme Court in Arizona v. United States, District Court Judge Susan Bolton in Valle del Sol v. Whiting has refused to enjoin Section 2(B) of Arizona's S.B. 1070. Ruth Robson on Constitutional Law Prof blog analyzes the latest ruling in the S.B. 1070 saga.
As Professor Robson observes, the short (11 double-spaced page) ruling does not really get into plaintiffs' legal claims for a preliminary injunction, including the Equal Protection and Fourth Amendment claims -- claims that were not considered by the Supreme Court in Arizona v. United States, which exclusively addressed federal preemption challenges to S.B. 1070. The district court -- like the Supreme Court -- saves for another day "as applied" challenges to Section 2(B), including challenges based on alleged racial profiling by police.
Judge Bolton, it appears, sought to closely adhere to the lead of the Supreme Court. Recall that the Court affirmed the injunction covering three of four provisions of S.B. 1070.
Last night, Benita Veliz, a 27-year-old who came to the United States as a child, became the first-ever undocumented immigrant to speak at a national party convention when she introduced Obama endorser Cristina Saralegui to the stage. Veliz spoke briefly about graduating high school as a valedictorian at age 16 year and college at age 20.
Here is a transcript of Cristina's remarks, which tells of her immigrant experience, criticized Mitt Romney's "extreme" immigration views (including "self deportation" and a reference, without naming him, to Romney immigration advisor Kris Kobach), and praised President Obama's record and support for comprehensive immigration reform.
Immigration Article of the Day: The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness by César Cuauhtémoc García Hernández
The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness by César Cuauhtémoc García Hernández Capital University Law School August 21, 2012 1 Columbia Journal of Race and Law 353 (2012) Abstract: Mass incarceration has long featured the imprisonment of vast numbers of people of color. Today’s immigration incarceration regime emblematizes these characteristics of mass incarceration. In recent years, almost 400,000 individuals, mostly people of color, have cycled through immigration prisons annually. The modern state of immigration imprisonment, this Essay argues, should not come as a surprise. It is the perversely rational extension of the nation’s decades-old criminal policing emphasis that resulted in penal mass incarceration paired with a more recent emphasis on sorting desirable and non-desirable immigrants through the lens of criminality.
Wednesday, September 5, 2012
Immigration Article of the Day: Delineating Discretion: How Judulang Limits Executive Immigration Policy-Making Authority and Opens Channels for Future Challenges by Jeffrey D. Stein
Delineating Discretion: How Judulang Limits Executive Immigration Policy-Making Authority and Opens Channels for Future Challenges by Jeffrey D. Stein New York University (NYU) - School of Law July 11, 2012 Georgetown Immigration Law Journal (Vol. 27), Forthcoming
Abstract: I argue that Judulang v. Holder moved beyond prior doctrine by demonstrating that courts could subject immigration policies to a rigorous “arbitrary and capricious” review under the Administrative Procedure Act (APA) and Chevron analysis, even where those policies did not conflict with, or depart from, existing laws, regulations, or policies. In other words, it applied a thicker standard of review than ever before, meaningfully evaluating the merits of an agency’s policy against an independent “arbitrary and capricious” metric, rather than simply asking whether the policy’s formation abided by proper process, did not conflict with controlling law, or met some inescapably low threshold. In exposing the merits of a Board of Immigration Appeals policy to “arbitrary and capricious” attack, Judulang pushed back against a (perceived) history of special deference to the executive branch on immigration matters, and thus supports a reading of the executive’s role in immigration law as no — or, at least, not significantly — different from its role in ordinary domestic jurisprudence. I conclude that Court’s use of the APA (or, alternatively, Chevron) to substantively circumscribe executive policy-making discretion gives rise to a number of potential challenges to other BIA policies and decisions that may prove vulnerable to Judulang’s coin-flipping litmus. I review and evaluate two of them.
Tuesday, September 4, 2012
From Faculty Colleagues in Georgia:
Freedom University welcomed 35 new students into our Athens classroom this past Sunday to begin our second ever academic year. While we could share with you our own reflections on the first day of class, we feel our students say it best. Here is what Freedom University alumnus Gustavo has to say about Freedom University:
"Freedom University is, in a way, an expression of what education should be: fun, accessible, conscious and relevant. It came as a response to the ban on Undocumented students from public GA universities, as a form of protest. While many of the white supremacist lawmakers and 'the law is the law' activists would like to see Undocumented youth filling prison cells, we resolved to occupy a classroom instead.
Not just any classroom, but a classroom where education, not subordination, is the main focus. A classroom open to anyone seeking mental stimulation, regardless of economic or immigration status. A classroom that offers transportation even if you live over two hours away. A classroom where thinking critically about history and the present time is embraced and encouraged, not rejected. Freedom University is emblematic because it reflects its name through the direct practice of its ideology..."
In the fall of 2010, the Board of Regents banned undocumented students from Georgia’s top five research universities. In defiance of that ban, a group of students, faculty, and volunteers opened Freedom University Georgia in the fall of 2011. FU is open to all students regardless of their immigration status or ability to pay.
We hope you will take a moment to visit our website and sign the petition against the Regents' ban. Please also consider donating a required course text. We need to secure 25 more copies of When Jesus Came, the Corn Mothers Went Away by the end of the week.
Pamela Voekel, Bethany Moreton, Dana Bultman, Lorgia Garcia-Peña, Betina Kaplan, and Freedom University Students & Volunteers
ICE Chief of Staff Resigns Amid Allegations of Creating "`Frat House' Atmosphere of Boozing and Sexual Harassment"
The N.Y. Daily News reported that "Immigration and Customs Enforcement Chief of Staff Suzanne Barr resigned Saturday amid charges that she created a `frat house' atmosphere of boozing and sexual harassment at the agency." ImmigrationProf previously reported that Barr had been accused of various improprieties in a high profile employment discrimination lawsuit.
According to the DHS website, "Ms. Barr came to ICE in January 2009. Before becoming chief of staff, she served in then-Governor Janet Napolitano’s office, working as deputy director and director of legislative affairs. As director of legislative affairs, Ms. Barr was responsible for the governor’s legislative agenda and oversaw the legislative proposals of all state agencies. She also served as the governor’s policy advisor on law enforcement issues, overseeing all state law enforcement agencies."
This story has bad optics all over it in an election year, with Barr's close relationship with DHS Secretary Janet Napolitano likely to keep this story alive while the litigation continues.
For more on this story from the Huffington Post, click here.
Immigration Article of the Day: 'So Closely Intertwined': Labor and Racial Solidarity by Nancy Leong and Charlotte Garden
So Closely Intertwined': Labor and Racial Solidarity by Nancy Leong (University of Denver Sturm College of Law) and Charlotte Garden (Seattle University School of Law).
Abstract: Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. For example, commentators assert that unions capture a wage premium that mostly benefits white workers while making it harder for workers of color to find work; that unions deprive workers of color of an effective voice in the workplace; and that unions are interested in workers of color only to the extent that they can showcase them to manufacture the appearance of racial diversity. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of color, from bargaining for better wages and working conditions to providing services like job training and continuing education to under-resourced communities. Accordingly, we aim to replace the conventional wisdom with a narrative that more accurately describes the occasionally complicated but ultimately hopeful relationship between labor and race. In developing this narrative, we anchor our conclusions in an interdisciplinary literature that includes insights from legal, economic, psychological and sociological scholarly research. This extensive body of scholarship indicates that union membership has significant benefits for workers of color in the form of higher wages and improved benefits, more racially congenial workplaces, and deeper cross-racial understanding. We complement this robust scholarly literature with real-world examples of union success at improving the well-being of workers and communities of color. In contrast to many other commentators, then, our account is largely optimistic, though we emphasize that there is still work for the labor movement to do.
Monday, September 3, 2012