Wednesday, September 17, 2014
Via Welcome.us: "Did you know? The new Miss American 2015 is a first generation American and daughter of Russian immigrants. Congratulations to Kira Kazantsev!"
Miss Kazantsev won the title while representing the state of New York. Click here to check out her performance of Pharrell's Happy with cup accompaniment.
This article explores the outer boundaries of state power to promote the integration of immigrants and to reorient the nation’s conversation around more accurate and helpful themes of family, democracy, and economic vitality. Specifically, I explore the constitutional power of states to extend state citizenship to undocumented immigrants. The article argues that the federalist structure enshrined in the Constitution and prevailing interpretations of the Fourteenth Amendment leave untouched the historic power of the states to define the boundaries of their own political communities more generously than the federal government. In addition, the article argues that such state citizenship schemes could deliver substantial tangible support for the integration of undocumented immigrants though traditional levers of state power: granting state political rights, granting access to state programs and benefits, and granting state protections against discrimination and mistreatment. Perhaps most importantly, state citizenship could be a powerful expressive tool for states to reorient our national conversation on immigration in ways that may, in the long term, be the key to eventually unlocking substantial federal reform.
Tuesday, September 16, 2014
More than a week ago, President Obama announced that he would once again delay any administrative relief for the millions of immigrants currently living under threat of deportation. This decision brought a mix of fear, anger and disappointment to many community members, whose hopes have rested with the President since immigration reform stalled in Congress. Relentless deportations have torn apart tens of thousands of families and ushered in a new era of immigration politics.
But California offers a different opportunity. While President Obama was preparing to make this disappointing announcement, Governor Jerry Brown made clear his commitment to the immigrant community during a Gubernatorial debate. He stated that with respect to immigration, California is “setting the pace" by enacting the TRUST Act to limit deportations, granting immigrants drivers' licenses and allowing young people equal access to higher education. In fact it was precisely Washington's inaction that Governor Brown invoked when he signed the TRUST into law last year, striking a major blow to the Immigration and Customs Enforcement deportation machine.
While the federal government has made life increasingly difficult for immigrants, California is recognizing both their rights and their contributions. And the results are striking. Undocumented immigrants alone contribute about $130 billion of California's GDP--a figure greater than the entire GDP of Nevada. Furthermore, California has taken steps to ensure that undocumented youth can both achieve their dreams and contribute fully to the state's economic well-being by making higher education accessible. By enacting AB 540 in 2001 for tuition equity and the California Dream Act ten years later for state-based financial aid, the state has fundamentally committed to the education and integration of its youth, regardless of their immigration status.
However, as an educator I have seen that despite our investment in their education, the young people who are products of California's promise still cannot pursue their career goals once they graduate. Inconsistencies in our state laws prohibit them from working in their field and thereby limiting their contributions to our state.
Governor Brown has the opportunity to address this limitation. Legislation that is sitting on his desk today will remove one significant obstacle. SB 1159 (Lara) would allow an individual applicant for a professional license to provide, and the licensing board to accept, an individual taxpayer identification number in lieu of a social security number. That would ensure that immigration status does not prevent these young individuals from becoming a full part of the fabric of California. And, it would allow all of us to benefit from their contributions - as nurses, doctors, teachers, and accountants. Of the top twenty fastest growing occupations in California, more than one third require licensure. SB 1159 would help ensure that the people who are trained and eager to contribute in these fields could satisfy the growing demand.
California once again has the opportunity to lead the country and we will be enriched morally, economically and socially by allowing these young individuals to contribute fully. They have worked hard to get to where they are today; all we have to do is let them keep going.
There seems to be a natural affinity between stories about birds and stories about immigration.
Back in January, NPR's morning edition reported on the collision of migratory journeys in a Baltimore park: the migration of tropical birds and the immigrants who care for them via the Patterson Park Audubon Center's Bird Ambassadors program.
The center's director, Susie Creamer, said this about her program:
"The same individuals are traveling thousands of miles twice a year. And because many of [the women] have traveled that distance, they know exactly how far that is... And so, when I first mentioned it to them, it was literally an audible, 'Oh. The same individual birds!' and there was this sense of like, 'Oh, say hi to Grandma for me,' you know, Saludos a Mexico."
One volunteer had a different take:
'[My husband] used to grill them. My husband joked that we should grab one and grill it, but I said no — they are visiting and migrating."
Today, the New York Times reports on monk parrots, imported to be pets, who have managed to escape from JFK in order make new homes in the New York City borough of Queens - not to mention elsewhere in New York and the United States.
All of which leads me to "Migratory Birds" by Canadian poet Surjeet Kalsey, herself an immigrant from India.
the migratory birds
are here this season thinking
we'll fly back to our home for sure
No one knows
which invisible cage imprisons us? And the flight begins to die slowly in our wings.
Some of us are drawn with
in the swamp.
No sun, no earth
where to look at, what to look for?
How shall we reach the threshold of our home with crumbling self?
...The next season is never our own and every season
makes mouths at us.
Wilmer Valderrama, photo via HuffPo
Actor Wilmer Valderrama, perhaps best know for playing the ambiguously foreign Fez on That '70s Show or, if you've got young kids of a certain age, Manny from Handy Manny, predicts that Latinos will vote independent if President Obama fails to act on immigration this year.
"If they don't do something by the end of the year, I'll be completely honest, I think everyone—from Republicans to Hillary [Clinton]—is going to have a tough time building any kind of traction [with Latinos],"
Valderrama's frustrations with immigration reform haven't soured him on the democratic process. He is actively pushing Latinos to register to vote.
ICE believes that the women and children entering the United States from Central America should be held without bond. This article from LexisNexis provides links to the affidavits from DHS employees that are being used to bolster this position in court.
Phillip T. Miller, Assistant Director of ERO Field Operations for DHS states in his affidavit:
According to debriefings of Guatemalan, Honduran, and Salvadoran detainees, the high probability of a prompt release, coupled with the likelihood of low or no bond, is among the reasons they are coming to the United States. I have concluded that implementation of a "no bond" or "high bond" policy would significantly reduce the unlawful mass migration of Guatemalans, Hondurans, and Salvaordan[s].
Traci A. Lembke, Assistant Director of Investigative Programs for HSI similarly attests:
According to debriefings of detainees who have been part of the ongoing mass migration at the Southwest border, the high probability of a prompt release, coupled with the likelihood of low bond, is among the reasons they are coming to the United States.
It is clear that the affidavits are effective. AILA immigration attorney Dree Collopy reported about her representation of a client at a bond hearing at Artesia. The three-hour bond hearing for a Guatemalan asylum seeker (in front of congressional staffers and DOJ representatives, no less!) resulted in a bond set at $15,000. As Dree states: that's a "pretty insurmountable challenge for her [client] at this point." And this despite the fact that Dree's client has a strong case and testified credibly, which the immigration judge noted on the record.
Monday, September 15, 2014
Cover Art via Alma Flor Ada
Dancing Home by Alma Flor Ada and Gabriel M. Zubizarreta is a book targeted to children ages 8-12.
It tells the tale of two young cousins: Margie, born in the United States, and Lupe, born in Mexico.
When Lupe comes to live with Margie in California, it's a challenge. Margie's American identity is jeopardized by having her Spanish-speaking-only cousin at school, and Margie resents the closeness she sees between her Mexican-born parents and Lupe. Lupe, meanwhile, has her own struggles with school, her cousin, and her family.
The book does a tremendous job capturing the pain of separation, alienation, and loss associated with otherness. Its portrayal of the inner life of young girls is incredibly realistic.
All in all, two thumbs up. A great read for all immprof families. And, if you're so inclined, here's a link to reading questions in both English and Spanish.
Saturday, September 13, 2014
Carlos Noriega served as an astronaut for NASA, involved in spaceflights to rendezvous and dock with the Russian Space Station and to assemble the International Space Station. After earning a master’s degrees in computer science and space systems operations from the Naval Postgraduate School, he served at the United States Space Command before joining NASA. There, he was awarded two Space Flight Medals and the Exceptional Service Medal. After retiring from the Astronaut Corps, he worked as director of safety, reliability and quality assurance for the Constellation Program at Johnson Space Center.
Immigration Article of the Day: Refugee Claims Based on Sexual Orientation and Gender Identity: An Annotated Bibliography by Mary Kapron and Nicole LaViolette
Refugee Claims Based on Sexual Orientation and Gender Identity: An Annotated Bibliography by Mary Kapron, University of Ottawa - Faculty of Law and Nicole LaViolette, University of Ottawa - Faculty of Law June 1, 2014 Ottawa Faculty of Law Working Paper No. 2014-15
Abstract: This annotated bibliography gives an account of legal and social sciences research sources related to refugee claims based on sexual orientation and gender identity. The bibliography, which focuses primarily on English language publications, includes close to 200 items that fall into the following two categories of research sources: (1) scholarly publications on lesbian, gay, bisexual, transgender and intersex (LGBTI) refugees and asylum-seekers and the refugee determination process; (2) reports from international, inter-governmental and non-governmental organizations on the same topic. Research sources are first organized topically according to the definition of a Convention refugee under the 1951 United Nations Convention relating to the Status of Refugees. As a second listing, a geographical classification is provided of the sources that focus on specific countries or regions. Finally, included is an alphabetical listing by author of all of the research sources we were able to locate for this project.
Friday, September 12, 2014
Date published: 03 Sep 2014
Background: Racial and ethnic diversity continues to grow in communities across the United States, raising questions about the extent to which different ethnic groups will become residentially integrated.
Objective: While a number of studies have examined the residential patterns of pan-ethnic groups, our goal is to examine the segregation of several Asian and Hispanic ethnic groups - Cubans, Dominicans, Mexicans, Puerto Ricans, Salvadorans, Asian Indians, Chinese, Filipinos, Japanese, Koreans, and Vietnamese. We gauge the segregation of each group from several alternative reference groups using two measures over the 1980 to 2010 period.
Results: We find that the dissimilarity of Hispanics and Asians from other groups generally held steady or declined, though, because most Hispanic and Asian groups are growing, interaction with Whites also often declined. Our analyses also indicate that pan-ethnic segregation indexes do not always capture the experience of specific groups. Among Hispanics, Mexicans are typically less residentially segregated (as measured using the dissimilarity index) from Whites, Blacks, Asians, and other Hispanics than are other Hispanic-origin groups. Among Asian ethnic groups, Japanese and Filipinos tend to have lower levels of dissimilarity from Whites, Blacks, and Hispanics than other Asian groups. Examining different dimensions of segregation also indicates that dissimilarity scores alone often do not capture to what extent various ethnic groups are actually sharing neighborhoods with each other. Finally, color lines vary across groups in some important ways, even as the dominant trend has been toward reduced racial and ethnic residential segregation over time.
Conclusions: The overarching trend is that ethnic groups are becoming more residentially integrated, suggestive of assimilation, though there is significant variation across ethnic groups. Author's Affiliation
Do you get the daily AILA8 newsletter? If you don't, you should. And if you skim it without reading it closely, you might have missed today's headlines:
- CBP Plan to Detain Migrating Monarchs Outrages Lepidopterists
- Immigration Canada Calls for Northern Border Surge
- You Can Still Register for National Talk Like a Pirate Day
- Section 245(i) Makes a Come-Back!
- Biggest Loser Franchise Threatens Lawsuit over Obama Depiction
- USCIS Teleconference on Tab Removal
- AILA Staffers in Shock over Triple Retirement Announcements
As the newsletter authors note, it's not April Fools, but it is a "a slow news day, both AILA8's editor and her back up are out today, and the Onion wannabes took over."
We appreciate the humor!
As previously reported on the ImmigrationProf blog, a U.S. district court found in May 2013 that Sheriff Joe Arpaio and the Maricopa County, Arizona Sheriff's Office had engaged in a pattern and practice of violating the constitutional rights of Latinos. Judge Murray Snow's specifically found that the Maricopa County Sheriff's Office (MSCO) engaged in a pattern and practice of racial profiling in its immigration enforcement activities in violation of the Fourth Amendment and the Equal Protection Clause of the Fourteenth Amendment and entered a permanent injunction barring future profiling of Latinos by the MSCO.
Yesterday, Judge Snow ordered that plaintiffs' attorneys would be awarded $4.4 million in legal fees. Click here for the story on the fee award.
After seeing her first Rett Syndrome patient while working as a resident neurological pediatrician at the Baylor College of Medicine, Huda Zoghbi put aside her clinical practice to focus on research. After 16 years of work, her lab successfully identified the mutated gene responsible for this disorder of the nervous system. Zoghbi also works to raise the awareness of Rett Syndrome within the scientific community. She was awarded the 2009 Vilcek Prize in Biomedical Science.
Immigration Article of the Day: Displaced: Toward a New International Legal Framework for Protecting Refugees and Human Rights by Jill I. Goldenziel
Abstract: This article presents a new international legal framework to help resolve one of the greatest human rights issues of our time, the plight of displaced people. More than 50.3 million people now receive legal protection and humanitarian assistance from the United Nations as a result of population displacement. More than 2 million people per year flee their countries for reasons ranging from violence to economic crisis and climate change. No international law currently exists to protect the vast majority of these people, who do not qualify as refugees under international law, and who face increasing immigration restrictions due to post-9/11 national security concerns. This article presents the first comprehensive history of international refugee law in recent years, tracing how the meaning of “refugee” in international law has changed over time in response to changing state interests and the evolution of international human rights law that protects individual rights rather than group rights. It explains how state interests have changed since international refugee law was developed, making the time ripe for the development of new international law to protect displaced populations. The article concludes by outlining a new category of international law that can better protect the human rights of refugees and displaced people.
Thursday, September 11, 2014
Michelle Pistone has been working with several members of the immigration law teachers and scholars community about an ongoing project to produce a collection of educational videos on immigration law (and other subjects as well).
Several of the videos were shot at UC Irvine during ImmProf are now available on the LegalED website,http://legaledweb.com/immigration-law/. Others that were shot in Irvine are still in production.
In addition to the videos shot during ImmProf, Maureen Sweeney produced a video on the Categorical Analysis of Immigration Consequences of Criminal Actions and Stephen Manning and Juliet Stumpf produced a set of videos for their Transformative Immigration Law course, all of which are also available on the website.
Educational videos such as these can be used to give students necessary background information outside of class, to supplement classroom teaching and possibly free up classtime for active learning exercises that enable students to use their knowledge. If you do decide to use them in your teaching, please let Michelle Pistone at email@example.com know how it works. All feedback is welcome and encouraged.
In September 1968, Congress authorized President Lyndon B. Johnson to proclaim National Hispanic Heritage Week, observed during the week that included Sept. 15 and Sept. 16. Congress expanded the observance in 1989 to a monthlong celebration (Sept. 15 – Oct. 15) of 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 is 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.
The Hispanic population of the United States as of July 1, 2013, making people of Hispanic origin the nation’s largest ethnic or racial minority. Hispanics constituted 17 percent of the nation’s total population. Source: 2013 Population Estimates < http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=PEP_2013_PEPASR6H&prodType=table>
Number of Hispanics added to the nation’s population between July 1, 2012, and July 1, 2013. This number is close to half of the approximately 2.3 million people added to the nation’s population during this period. Source: 2013 Population Estimates National Characteristics: Population by Sex, Race, and Hispanic origin < http://www.census.gov/popest/data/national/asrh/2013/index.html>, See first bullet under “Sex, Race, and Hispanic Origin”
Percentage increase in the Hispanic population between 2012 and 2013. Source: 2013 Population Estimates National Characteristics: Population by Sex, Race, and Hispanic origin < http://www.census.gov/popest/data/national/asrh/2013/index.html>, See first bullet under “Sex, Race, and Hispanic Origin”
The projected Hispanic population of the United States in 2060. According to this projection, the Hispanic population will constitute 31 percent of the nation’s population by that date. Source: Population Projections < http://www.census.gov/newsroom/releases/archives/population/cb12-243.html>
Ranking of the size of the U.S. Hispanic population worldwide, as of 2010. Only Mexico (120 million) had a larger Hispanic population than the United States (54 million). Source: International Data Base < http://www.census.gov/population/international/data/idb/informationGateway.php>
The percentage of those of Hispanic origin in the United States who were of Mexican background in 2012. Another 9.4 percent were of Puerto Rican background, 3.8 percent Salvadoran, 3.7 percent Cuban, 3.1 percent Dominican and 2.3 percent Guatemalan. The remainder was of some other Central American, South American or other Hispanic/Latino origin. Source: U.S. Census Bureau, 2012 American Community Survey: Table B03001 < http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_12_1YR_B03001&prodType=table>
It is now 13 years since September 11, 2001. The events of that day had a significant impact on the development of U.S. immigration law and its enforcement. For example, in promulgating a regulation allowing for immigration procedures known as “special registration,” which required certain Arab and Muslim noncitizens to register with the Immigration and Naturalization Service, then-Attorney General John Ashcroft expressly invoked the plenary power doctrine in an attempt to immunize the facially discriminatory measure from the near-inevitable constitutional challenges; he emphasized matter-of-factly that
the political branches of the government have plenary authority in the immigration area. See Fiallo v. Bell, 430 U.S. 787, 792 (1977); Mathews v. Diaz, 426 U.S. 67, 80-82 (1976). In the context of immigration and nationality laws, the Supreme Court has particularly “underscored the limited scope of judicial inquiry.” Fiallo, 430 U.S. at 792.
Registration and Monitoring of Certain Nonimmigrants, 67 Fed. Reg. 52584, 52585 (Aug 12, 2002) (emphasis added).
Accepting the Attorney General’s general assertion that “the political branches of the government have plenary authority in the immigration area,” courts rejected constitutional challenges to special registration. The special registration doctrine was one of a number of much-criticized measures directed at Arabs and Muslims in the “war on terror.” See, e.g., Susan M. Akram & Kevin R. Johnson, Race, Civil Rights, and Immigration Law after September 11, 2001: The Targeting of Arabs and Muslims, 58 NYU Ann. Surv. Am. L. 295 (2002).
Security fears quickly translated into growing popularity among members of Congress, as well as among the general public, to increase militarization of the U.S.-Mexico border and direct many aggressive measures at undocumented Mexican immigrants and immigrants generally, often in the name of protecting national security. See Kevin R Johnson & Bernard Trujillo, Immigration Reform, National Security After September 11, and the Future of North American Integration, 91 Minn. L. Rev. 1369, 1386-87, 1396-1404 (2007). Even though there is little evidence that the southern border with Mexico has ever been breached by any person seeking to engage in what reasonably can be characterized as terrorist activities in the United States, political leaders after 2001 regularly invoked public safety concerns as justifying increased immigration enforcement efforts along the U.S.-Mexico border.
A renewed focus on public safety also appeared to influence the Supreme Court’s approach to immigration measures generally touching on public safety, such as, for example, making it more tolerant of the detention of immigrants convicted of criminal offenses. See Margaret H. Taylor, Demore v. Kim: Judicial Deference to Congressional Folly, in Immigration Stories 343, 344-45 (David A. Martin & Peter H. Schuck eds., 2005) (contending that the Supreme Court’s decision upholding mandatory detention of noncitizens convicted of certain categories of crimes in Demore v. Kim, 538 U.S. 510 (2003) was influenced by fears surrounding the “war on terror” following September 11, 2001 and explained the decision’s apparent departure from Zadvydas v. Davis, 533 U.S. 679 (2001), which was decided only months before September 11).
More than a decade has passed since September 11, 2001. The aggressive push for extraordinary immigration enforcement measures in the name of public safety fortunately has diminished. The push for greater enforcement now appears more motivated by a concern with numbers, including the much-publicized migration of unaccompanied minors from Central America. In important respects, the trajectory of immigration law has seemingly returned to a place similar to where it was before September 11.
Immigrant of the Day: Oscar de la Renta From Dominican Republic | Fashion Designer and Philanthropist
Originally interested in becoming an abstract painter, Oscar de la Renta, born in 1932 in Santo Domingo, Dominican Republic, found that he was more interested in fashion design. After founding his label, he first achieved success with ball gowns. Now one of the world’s leading designers, his work has been worn by Nancy Reagan, Hillary Clinton, and Laura Bush. Also a patron of the arts, de la Renta has served on the boards of Carnegie Hall and the Metropolitan Opera.
The book provides foundational knowledge, introducing current issues in national security law. Written by a “who’s who” in the field of national security law, including: John Yoo, Louis Fisher, and Stewart Baker, the book present a series of debates, organized by chapter, in which an author presents ideas in a short essay, and another offers a response.
Patriots Debate is an accessible book offering informed, educated legal reasoning enabling the reader to understand the foundational legal opinions, laws, policies and mores that form both US government policies, and the surrounding debates based on competing views of the Constitution, statutes, presidential directives, judicial decisions and history itself.
Complex national security issue are exaimined:
An exploration of terrorism interrogations
The government as internet protector
Targeted killing--In accordance with the rule of law Law and cyber war--the lessons of history
The future of military detention
Politico.com reported on the oral arguments last week in federal court, which it states is "a case dramatizing the split personality in the Obama administration over the question of providing counsel to child migrants faced with deportation hearings. No less than Attorney General Eric Holder told the Senate last year that it is `inexcusable' that young children `have immigration decisions made on their behalf, against them, whatever and they’re not represented by counsel. That’s simply not who we are as a nation.' . . . . But in making the case for Justice on Wednesday, Deputy Assistant Attorney General Leon Fresco painted a dire picture of what would result if the court were to insist that children be assured counsel before any deportation hearing."
The federal district court in Seattle, Washington heard oral argument in J.E.F.M. v. Holder, the class action about the right to counsel for children in removal proceedings. Below is the video of the oral argument.
Here is a news report about the argument.