Wednesday, August 19, 2015
Check out the Des Moines Register for videos of DREAMer Monica Reyes questioning presidential hopefuls about the future of DACA and DAPA.
Jeb Bush, notably, interacts with Ms. Reyes en Español. He says that DREAMers should be allowed to obtain citizenship status, but "por la ley no por decreto" (by the law, not decree).
Hillary Clinton responds to Ms. Reyes questions with "we can't stop ever working."
Bernie Sanders: "Should he [President Obama] do more with executive action? Yes, I think he should."
Tuesday, August 18, 2015
The definitive history of Asian Americans by one of the nation’s preeminent scholars on the subject.In the past fifty years, Asian Americans have helped change the face of America and are now the fastest growing group in the United States. But as award-winning historian Erika Lee reminds us, Asian Americans also have deep roots in the country. The Making of Asian America tells the little-known history of Asian Americans and their role in American life, from the arrival of the first Asians in the Americas to the present-day.
An epic history of global journeys and new beginnings, this book shows how generations of Asian immigrants and their American-born descendants have made and remade Asian American life in the United States: sailors who came on the first trans-Pacific ships in the 1500s; indentured “coolies” who worked alongside African slaves in the Caribbean; and Chinese, Japanese, Filipino, Korean, and South Asian immigrants who were recruited to work in the United States only to face massive racial discrimination, Asian exclusion laws, and for Japanese Americans, incarceration during World War II. Over the past fifty years, a new Asian America has emerged out of community activism and the arrival of new immigrants and refugees. No longer a “despised minority,” Asian Americans are now held up as America’s “model minorities” in ways that reveal the complicated role that race still plays in the United States.
Published to commemorate the fiftieth anniversary of the passage of the United States’ Immigration and Nationality Act of 1965 that has remade our “nation of immigrants,” this is a new and definitive history of Asian Americans. But more than that, it is a new way of understanding America itself, its complicated histories of race and immigration, and its place in the world today.
Take a guess about how much it would cost to do what Donald Trump and others are demanding.
According to the Center for American Progress, at a minimum, mass deportation would cost the nation $114 billion—and potentially far more over time.
Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse a removal order. The Court held that “[f]ederal law ([8 U.S.C.] 1227(a)(2)(B)(i) . . . did not authorize Mellouli’s removal.” It did not remand the case to the court of appeals or the Board of Immigration Appeals for further proceedings, thereby suggesting that the case had come to an end. Nonetheless, there now is a squabble between Mellouli and the U.S. government over just how big Mellouli’s victory was. For the rest of this post on SCOTUSBlog, click here.
UPDATE (Aug. 28): The Supreme Court granted the stay. Final action on this matter by the Court is not expected until the new Term begins in October.
Here is a collection of commentaries on citizenship by descent.
- Ius filiationis: a defence of citizenship by descent, by Rainer Bauböck
- Tainted law? Why history cannot provide the justification for abandoning ius sanguinis, by Jannis Panagiotidis
- Family matters: Modernise, don’t abandon, jus sanguinis, by Scott Titshaw
- Abolishing ius sanguinis citizenship: A proposal too restrained and too radical, by Kristin Collins
- Citizenship without magic, by Lois Harder
- The Janus-face of ius sanguinis: protecting migrant children and expanding ethnic nations, by Francesca Decimo
- The prior question: What do we need state citizenship for?, by David Owen
- No more blood, by Kerry Abrams
As reported on ImmigrationProf, Donald Trump initially verbally attacked Mexican immigrants and a few weeks later outlined an immigration policy plan, with a heavy emphasis on enforcement and some legal tinkering, such as eliminating birthright citizenship. Trump has challenged Facebook's Mark Zuckerburg on immigration. The tilt of the plan should not be a surprise given that immigration hawk Senator Jeff Sessions (R-Alabama) helped Trump craft it. And the Trump continues in attack mode. The latest -- contending that supermodel Heidi Klum is no longer a "10." Klum has responded with a video.
Trump must be doing something right. The latest polls have Trump as the frontrunner among the Republican candidates.
Immigration Article of the Day: Putting States Out of the Immigration Law Enforcement Business by Kevin J. Fandl
Abstract: This article contends that states should exercise caution when considering legislation on immigration law enforcement. Rather, most enforcement powers should remain with the federal government, which is not only legally empowered to manage immigration enforcement, but is also the logical locus of authority over an issue that affects the nation as a whole.
This article explains the key historical aspects of the debate between state and federal control over immigration law enforcement. It highlights the preemption aspects of the recent significant federal cases challenging state and local enforcement laws. Finally, the article suggests that the trend in federal courts has increasingly been toward more federal control of immigration law and an unwillingness to allow states to take immigration enforcement into their own hands. These recent decisions reaffirm the federal government’s supremacy over immigration enforcement decisions and clarify the minimal role that states should play in enacting their own immigration regulations.
Monday, August 17, 2015
Last week, ImmigrationProf listed the top hitters in Major League Baseball. The list showed that, despite the publicity surrounding the Latinoization of the game, homegrown ballplayers continue to excel. Here is a look at the top pitchers, which also is dominated by U.S.- born players..
1. Jake Arrieta CHC 14 Framington, Missouri
5. Zack Greinke LAD 13 Orlando, Florida
1. Felix Hernandez SEA 14 wins Place of Birth: Valencia, Venezuela
1. Dallas Keuchel HOU 14 Tulsa, Oklahoma
3. Mark Buehrle TOR 13 St. Charles, Missouri
3. Colby Lewis TEX 13 Bakersfield, California
3. Collin McHugh HOU 13 Naperville, Indiana
Note that only one of the ten top pitchers in the MLB was born outside the United States.
Plenary Power Is Dead! Long Live Plenary Power! by Michael Kagan, University of Nevada, Las Vegas, William S. Boyd School of Law 2015 Michigan Law Review First Impressions, 2015, Forthcoming UNLV William S. Boyd School of Law Legal Studies Research Paper
Abstract: For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have re-affirmed plenary power. Instead, the Court produced a splintered decision that did neither. This essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.
Professor Kagan has blogged about Kerry v. Din on ImmigrationProf.
Sunday, August 16, 2015
Here are two new installments of Ian Urbina's "The Outlaw Ocean" series. In this series on lawlessness on the high seas, Urbina reveals that crime and violence in international waters often goes unpunished. ImmigrationProf has blogged on previous installments.
The most recent piece is in this week’s Sunday Review which covers a distinct conundrum: what should countries do with thousands of offshore oil and gas drilling rigs built during a boom in the 1980s that will soon reach retirement age and require decommissioning? Among the ideas being considered: sinking, removing or repurposing them in a variety of ways including offshore
super-max prisons, scuba hotels, marine science schools, fish farm hubs, wind, solar or tidal power stations.
The second piece was also recently in the Sunday Review. It explained that on the high seas — which cover more than 40 percent of the planet’s surface — there is no legal framework for creating
protected areas. Even if they wanted to, countries have no formal process for setting aside protected marine parks in international waters. Over the next two years, the United Nations intends to change that.
There is also an interesting side element, here, about proposals to create prisons at sea.
It has been reported that the U.S. government on Friday urged the Dominican Republic Friday to work to avoid mass deportations and to act transparently following a controversial registration process that has left thousands of people facing deportation. The statement follows news reports that the Dominican government had resumed detaining and deporting migrants Friday, as thousands of migrants continue to leave the country for neighboring Haiti. The Dominican Republic had given undocumented migrants, the vast majority of which are Haitian, until June 17 to register with authorities or face deportation.
The State Department also urged Dominican authorities to allow groups such as the International Organization for Migration and the Office of the United Nations High Commissioner for Refugees to observe deportations to ensure against discrimination and limit the risk of statelessness.
In this provocative Washington Post op/ed, Raha Jorjani, an immigration defense lawyer with the Office of the Alameda County Public Defender in California, contends that, under the immigrations laws, "Black people in the United States face such racial violence that they could qualify as refugees."
Photo by Gage Skidmore
Today, presidential hopeful Donald Trump released a policy paper on immigration.
He starts with three "core principles":
1. A nation without borders is not a nation. There must be a wall across the southern border.
2. A nation without laws is not a nation. Laws passed in accordance with our Constitutional system of government must be enforced.
3. A nation that does not serve its own citizens is not a nation. Any immigration plan must improve jobs, wages and security for all Americans.
Those may be his core principles but they are not his only ideas. Trump would like to:
- Make Mexico pay for a wall along our Southern border
- Triple the number of ICE officers
- Have nationwide e-verify
- Return all criminal aliens, without exception
- Make it a crime to commit a crime while in the U.S. without authorization
- Detain, not return, unauthorized aliens
- Defund sanctuary cities
- Enhance penalties for visa overstays
- Increase ICE's working with local drug and gang task forces
- End birthright citizenship
- Increase the prevailing wage for H1Bs
- Require Americans to be hired before H1Bs
- End welfare abuse
- Terminate J1 visa jobs for foreign youth
- Save money from "expensive" refugee programs and put them toward American children
- Take an immigration "pause"
That's a lot to digest on a Sunday morning!
Michael T. Sestak, photo via The Times Union
Michael T. Sestak, a former U.S. consular official, has been sentenced to a little over 5 years for receiving more than $3 million in bribes to process nonimmigrant visas.
Sestak pled guilty back in November 2013 (after a May 2013 arrest) but has only now been sentenced. He's been in custody all this time, cooperating with the government's investigation of co-conspirators.
Sestak had been the Nonimmigrant Visa Chief for the U.S. consulate in Ho Chi Minh City, Vietnam. Between August 2010 to September 2012, Sestak approved nonimmigrant visas in exchange for payments of between $15,000 and $70,000. Sestak used his portions of the profits to purchase real estate in Thailand.
Interestingly, Sestake was a former Albany police officer and Navy intelligence officer.
NPR reported on an immigration enforcement operation, which unlike others, is not being criticized.
Fifty foreign nationals have been arrested in several cities across the U.S. in raids this week by the Immigration and Customs Enforcement (ICE) on suspicion of human rights violations.
ICE says the "Operation No Safe Haven II" involved arrests in Atlanta, Baltimore, Boston, Chicago, Detroit, Los Angeles, Miami, Newark, New York City, Philadelphia, Phoenix, San Francisco, St. Paul and Washington. All the individuals taken into custody have outstanding removal orders and are subject to deportation, the agency says. It says 10 of them are also convicted criminals.
ICE's Human Rights Violators and War Crimes Center investigates human rights violators who try to evade justice by seeking shelter in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, and the use or recruitment of child soldiers. These individuals may use fraudulent identities to enter the country and attempt to blend into communities in the United States.
According to ICE, those arrested across the country included:
- an individual from South America who assisted for many years in interrogations involving electric shock torture and who beat prisoners;
- an individual from Central America—an aggravated felon convicted of multiple U.S. drug-related charges—who served as a military police officer for several years and turned over victims to a regime perpetrating documented human rights violations;
- an individual from East Africa who engaged in torture as an intelligence officer in a specific government regime known to perpetrate torture, murder, and other human rights violations;
- an individual from the former Yugoslavia who arrested and interrogated victims on behalf of a paramilitary organization dedicated to ethnic cleansing;
- an individual from Asia who performed forced sterilizations upon several female victim patients and supervised dozens of other forced sterilizations and/or forced abortions upon other victim patients.
Saturday, August 15, 2015
Here is a "feel good" story for our readers. Jirayut Latthivongskorn, now a medical student, left his native country of Thailand at the age of nine with his family to pursue the American dream. “For my parents, moving to America was the best and only choice.” Once they were in America, Latthivongskorn’s parents worked in restaurants to make ends meet and they encouraged him to pursue an education. He graduated from UC Berkeley with a degree in molecular and cell biology. Latthivongskorn was one of the founders of a nonprofit called Pre-Health Dreamers, which helps other undocumented students who were pursuing a higher education in the medical field. Three and a half years later, Pre-Health Dreamers’ network now consists of 450 undocumented students, one third of them in the Bay Area.
Vicky Yau: Response to Professor Kofas’ remarks on the relationship between undocumented immigrants and the economy
Friday, August 14, 2015
On Aug. 3, 1995, the Thai Community Development Center (Thai CDC), along with state and federal agencies, helped liberate 72 Thai nationals from the first case of modern-day slavery in the country.
As a California State Senator representing El Monte at that time, Los Angeles County Supervisor Hilda Solis took up this issue as the California State Senate convened on hearings on the plight of these workers. Thai CDC went on to pursue justice for the workers, bringing them redress and restitution. This case led to an anti-trafficking movement that led to the founding of the Coalition to Abolish Slavery and Trafficking in 1998 and the Trafficking Victims Protection Act by Congress in 2006..
This symposium honored 20 years of work combatting human trafficking and the El Monte Thai garment workers’ spirit of human resiliency. nd the passage of the Trafficking Victims Protection Act by Congress in 2000.