Sunday, September 4, 2016
According to CNN), Europe is "close to limit" on accepting refugees, EU President Donald Tusk said today, as he urged the international community to step up in re-settling refugees. A growing number of refugees have fled to Europe from Syria, Iraq, Eritrea and Somalia, among other nations. "The practical capabilities of Europe to host new waves of refugees, not to mention irregular economic migrants, are close to the limits," Tusk said before the start of the two-day G20 summit in China. G20 leaders are meeting in Hangzhou, about one hour outside of Shanghai, to tackle issues including trade, terrorism and climate change.
Philip Bump of the The Washington Post reminds us that, just a few weeks ago, Trump pledged that his wife, Melania, a native of Slovenia, would hold a news conference explaining how she managed to navigate the onerous process of getting a green card. He made the pledge after a number of outlets raised questions about the timeline of her entry into the country. Bunp explains"It's not clear what visa Trump used to enter the country and how it related to her work experience — but she asserts that she has always been in full compliance with immigration laws. If that's not true, it's a problem."
When is that press conference?
ICE released the following announcement about international students:
There are 1.11 million international students with F (academic) or M (vocational) status studying in the United States according to the latest "SEVIS by the Numbers," a quarterly report on international student trends prepared by the Student and Exchange Visitor Program (SEVP), part of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
The report, released Tuesday by SEVP, highlights July 2016 data from the Student and Exchange Visitor Information System (SEVIS), a web-based system that includes information about international students, exchange visitors and their dependents while they are in the United States.
Based on data extracted from SEVIS July 7, international student enrollment at U.S. schools increased 5.5 percent compared to July 2015. In July, there were 8,673 U.S. schools with SEVP certification to enroll international students, about a two percent decrease from the previous year.
Forty-two percent of international students studying in the United States, equaling almost 467,000 individuals, were enrolled in science, technology, engineering and mathematics (STEM) coursework, an increase of 15.2 percent from July 2015. Approximately 407,000 international students from Asia pursued STEM studies, an increase of 17 percent since July 2015.
The July report includes a special section about European students studying in the United States. As of July 7, European students composed 7.26 percent of international students in the United States, equating to roughly 80,000 students. Fifty-two percent were male and 48 percent were female. This differs from the rest of the world, where nearly 60 percent of international students were male and just more than 40 percent were female. Almost 60 percent of European students hailed from six countries in Europe, including the United Kingdom, France, Germany, Spain, Russia and Italy, and 44 percent of European students were enrolled at schools in three states – California, New York and Massachusetts.
Among U.S. schools, New York University, the University of Southern California, Northeastern University, Arizona State University and Columbia University rank one through five for schools with the highest international student populations. More than 10,000 international students were enrolled at each school in July.
Arkansas and New Hampshire saw the highest percentages in international student growth, at 20 and 19 percent respectively, compared to July 2015.
Other key points from the report include: 77 percent of all international students were from Asia. The top 10 countries of citizenship for international students included: China, India, South Korea, Saudi Arabia, Canada, Vietnam, Japan, Taiwan, Brazil and Mexico.
The full report can be viewed here. Report data was extracted from SEVIS July 7. The report captures a point-in-time snapshot of data related to international students studying in the United States. Data for the previous "SEVIS by the Numbers" report was extracted from SEVIS in March 2016.
Individuals can explore and drill down international student data from current and previous "SEVIS by the Numbers" reports by visiting SEVP’s interactive mapping tool. This information is viewable at the continent, region and country level and includes information on gender and education levels, as well as international student populations by state, broken down by geographical areas across the globe. New this year, users can view international student data at the U.S. state level to learn more about the students studying in a specific area of the United States.
SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies the schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.
Both use SEVIS to protect national security by ensuring that students, visitors and schools comply with U.S. laws. SEVP also collects and shares SEVIS information with government partners, including U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services, so only legitimate international students and exchange visitors gain entry into the United States.
HSI reviews SEVIS records for potential violations and refers cases with possible national security or public safety concerns to its field offices for further investigation. Additionally, SEVP’s Analysis and Operations Center reviews student and school records for administrative compliance with federal regulations related to studying in the United States.
Learn more about SEVP at www.ICE.gov/SEVP.
I found the following most interesting:
Almost 60 percent of European students hailed from six countries in Europe:
1. United Kingdom
44 percent of European students were enrolled at schools in three states:
2. New York
Top U.S. Schools with highest international student population
1. New York University
2. University of Southern California
3. Northeastern University.
4. Arizona State University
5. Columbia University
Arkansas and New Hampshire saw the highest percentages in international student growth, at 20 and 19 percent respectively, compared to July 2015.
Other key points from the report include: 77 percent of all international students were from Asia. The top 10 countries of citizenship for international students included:
3. South Korea
4. Saudi Arabia
Immigration Article of the Day: Welcome or Not Welcome? Investigating the Causes of Host Countries' Receptivity to Refugees by Michael R. Castle Miller
Welcome or Not Welcome? Investigating the Causes of Host Countries' Receptivity to Refugees by Michael R. Castle Miller, American University - Washington College of Law August 4, 2016
Abstract: Despite the increase of forced migrants in recent years and growing concern with their treatment, surprisingly few serious quantitative studies have been conducted on the factors that make countries more or less receptive to refugees. This study analyzes several variables for their effect on levels of policy receptiveness toward refugees.
The results indicate that perceived levels of political stability had a reliable and strong positive effect on levels of refugee inclusion. Interestingly, level of education had a weaker inverse relationship with refugee inclusion. Thus, the more that a country’s population felt that their government was politically stable (e.g., not at risk of overthrow) the more open their policies toward refugees were. However, albeit to a lesser extent, the more educated a country was, the more restrictive its policies were.
Though further empirical research on this question is clearly needed, these initial findings suggest that the international community’s efforts to find durable solutions for refugees are entwined with efforts to promote stability within host countries. Thus, helping reduce internal tensions within countries may not only help avoid conflicts that contribute to the world’s refugee population but may also help cultivate new homelands for refugees.
Saturday, September 3, 2016
A new online resource for law teachers seeking to make their teaching more responsive to current social justice movements, called the Guerrilla Guides to Law Teaching, is now available and worth checking out. Amna Akbar, Sameer Ashar, Bill Quigley, and Jocelyn Simonson authored the Guides. In their current form, the Guides set forth four principles for law teaching, and also contain sections tailored to Criminal Law and Clinical Teaching (two courses taught by a number of blog readers).
According to the authors, "The Guerrilla Guides to Law Teaching are a collective effort to acknowledge and confront our present “movement moment” within our classrooms. We embrace this moment as an important opportunity to revisit methods and sources of teaching in the legal academy, and to generate creative approaches that break us out of traditional modes of thinking. We approach this project with a sense of urgency given that many of the movements of the day –the Movement for Black Lives, #Not1More, #IdleNoMore, #Fightfor15, Occupy– have at the center of their critique our system of laws. And that those critiques represent long-standing concerns in communities of color and poor communities about law’s violence and inequality. These critiques about law are important, they deserve our attention and scrutiny. They can no longer remain at the periphery of law teaching. We think that critical understanding of how law is enforced–or not–and how legal systems operate differently for differently situated people advances and motivates law student acquisition of essential legal concepts across fields of study and practice."
The Guides' Four Principles are as follows:
"1. Building Solidarities. Collaborate & talk with each other, our students, impacted communities, & organizers about meeting this moment with creativity, community, & an open heart.
2. Advancing Resistance. Bring lived experiences, the material conditions under which people live, & histories of collective resistance of marginalized people into the classroom.
3.Broadening & Deepening Discourse. Name the Politics of Law & Expand the range of discourse in the classroom to include radical & left politics, & the imaginations & critiques of marginalized communities.
4. Radical Interventions. Embolden law teachers to teach, talk, & practice law & lawyering differently."
A chicken in every pot? A taco truck on every corner? (Opps, I got it wrong, the Trump supporter warned that taco trucks on every corber was a bad thing. Curious indeed.) When I visited my first taco truck in Huntington Park (near downtown Los Angeles) in the 1970s, how could I have guessed that taco trucks would become a controversial topic someday in a national presidential campaign.
For the record, two things about the taco truck fracas, which has attracted an awful lot of attention (even an estimate (serious, I think) of how many taco trucks one on every corner might mean for the national economy), should be made clear.
First, Professor Ernesto Hernandez (Chapman) is the leading scholar on the law and society of taco trucks. Click here for his article on Los Angeles taco trucks. And I know for a fact that he has tested out a taco truck or two, including at the Orange County Fairgrounds.
Second, in the presidential campaign of 1928, a circular published by the Republican Party claimed that if Herbert Hoover won there would be “a chicken in every pot and a car in every garage.” Despite a landslide victory, the Republican Party's promise of prosperity was not kept. The stock market crash of 1929 plunged the country into the Great Depression. Chickens became very scarce. Tacos did too, especially because many persons of Mexican ancestry were sent to Mexico in what is known as the "Mexican repatriation."
Years with no nation, 90 days to become a Minnesotan is an in-depth report on local refugee resettlement by journalist Mila Koumpilova for the Minnesota Star Tribune.
The article follows a single refugee resettlement caseworker, Katia Iverson, and just one of the resettling families in her care. It documents the moment they meet, all the ways in which the caseworker helps the family - getting and furnishing an apartment, explaining the "refugee math" of services versus expenses, enrolling kids in school, connecting adults with job placement, wrangling social security cards, and more.
It's humanizing while containing a lot of law regarding rights to social benefits. This is definitely on my might-assign list for next semester.
This photo comes from the @ER_MV twitter feed (a socialist group that fights against Germany's right):
For nation and homeland
Deport asylum scammers and islamists!
If you look closely the men in black are wearing jumpsuits that say "Rapefugee Lifestyle." Classy.
Another immigrant featured in the New Citizens Campaign is our Immigrant of the Day. Oscar Acevedo came to the United States from the Dominican Republic when he was thirteen. His mother, sponsored by her mother, was granted a green card and moved to the U. S. in quest of better opportunities for her sons and herself.
Those opportunities abounded.
Six years later, Oscar, now nineteen, both graduated high school and achieved citizenship.
“My mom encouraged me to apply for citizenship,” says Oscar. “I knew if I would become a citizen I would be able to stay in the U.S. and travel with no problem. I also look forward to sponsoring my father to bring him to the U.S. once I turn 21.”
Oscar attended Juan Morel Campos Secondary School in Brooklyn, New York, where he played on the baseball team. His love for the game is rooted in his home country, he says. But Oscar is now proud to call America his home.
His time at Juan Morel Campos was integral in his journey to citizenship. It was here where he met Mariela Regalado, the director of college counseling for the College Bound Initiative, which helps high school students pursue college education and obtain scholarships. The program places counselors in New York City public schools to serve as full-time college counselors.
Mariela worked closely with Oscar and helped encourage and guide him through his journey to naturalization. As a naturalized citizen herself, she knew the important benefits citizenship would offer him.
Mariela connected Oscar with Catholic Migration Services, a local New Americans Campaign partner in New York, so he could seek help and financial support for naturalization.
“As a counselor, one of my goals is to offer my students different resources that would bring them closer to achieving their American dream,” she says. “That’s why I connected Oscar with Catholic Migration Services when he mentioned he would like to become a U.S. citizen.”
Oscar is headed back to St. Lawrence University in Canton, New York, where he’ll be a sophomore this year. He will continue his studies in economics and statistics. He’s also on the university’s baseball team and hopes to write for the newspaper.
New York State’s Higher Education Opportunity Program, which helps inner city students in New York gain access to higher education, has given Oscar a full scholarship to sponsor his college studies.
Oscar’s father still lives in the Dominican Republic. Through a visitor’s visa he was able to attend Oscar’s high school graduation last year. His mother and high school counselor, Mariela, were there, too.
Nearly a year after graduating from high school, Oscar was sworn-in as a new U.S. citizen in June this year. The following month, Mariela drove Oscar and his parents to upstate New York, where they dropped him off for his second year at St. Lawrence University.
More opportunities await him there.
“I didn’t speak any English when I arrived in the U.S. at age 13,” says Oscar. I worked hard and I’m proud to say I am a citizen now. I feel like I have more say as a citizen. I plan to vote in this election. I think there is no better way to call a country home than to become a citizen of that country. Citizenship is worth it, everyone should give themselves the chance of becoming naturalized.”
Immigration Article of the Day: New Models of International Agreement for Refugee Protection by Susan F. Martin
New Models of International Agreement for Refugee Protection by Susan F. Martin, Donald G. Herzberg Professor Emeritus in International Migration, Georgetown University
EXECUTIVE SUMMARY: In June 2016, the United Nations High Commissioner for Refugees (UNHCR) announced that more than 65 million persons have fled conflict and persecution. While certainly large in its own right, the number actually underestimates displacement in today’s world. Many millions more are displaced each year and cumulatively from a much broader range of life-threatening humanitarian crises than are captured by UNHCR’s figures. An average of 26.4 million were displaced annually by acute natural hazards since 2008 and an unknown but sizable number displaced by gang and cartel violence, electoral and communal violence, nuclear and industrial accidents, and a range of other human-made disasters. This article argues for new frameworks to more effectively address the situation of the totality of displaced persons, citing two recent efforts — the Nansen Initiative and Migrants in Countries in Crisis Initiative — as examples of practical ways to move forward in this regard.
Friday, September 2, 2016
The editors of the Chicana/o-Latina/o Law Review at UCLA School of Law invite scholars, graduate students and practitioners to submit manuscripts for their upcoming Volume 35.
Interested scholars should submit manuscripts directly to CLLR at email@example.com by September 15, 2016.
While there is no strict guideline as to what CLLR publishes, articles or comments should address how law shapes the experiences of the Latina/o and other marginalized communities. For a look at what CLLR has published in the past and their current volume, visit their page (http://escholarship.org/uc/uclalaw_cllr).
This year CLLR will also be co-hosting a Spring Symposium. Authors publishing in Volume 35 may have the opportunity to present their work in the form of a panel. CLLR’s 2017 Symposium invites the community to discuss meanings of diversity, race neutrality and diversity policies impacting the Chicana/o-Latina/o community.
UNIVERSITY OF CALIFORNIA AT DAVIS SCHOOL OF LAW invites applications for a tenure-track position to begin July 1, 2017. Our search this year is limited to entry-level or lateral candidates who hold both a JD and a PhD, and who work primarily in the field of immigration law. The successful applicant will join the law school but also participate in the campus-wide Migration Research Cluster.
All candidates must apply through the UC Recruit system at this link. In addition, as part of their application, candidates must include a Statement of Contributions to Diversity. Information about the Statement can be found here.
The application deadline is December 1, 2016, although we recommend that you submit your materials as soon as possible. We require contact information for three references at this time. Please note that we may require further documentation at a future date, including, but not limited to, letters of recommendation, which will be treated as confidential per University of California Policy and California state law. Please direct questions to David Horton, Chair of the Faculty Appointments Committee, via email at firstname.lastname@example.org. Inquiries about visiting positions should be submitted to Associate Dean for Academic Affairs Madhavi Sunder, also at email@example.com.
The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or protected veteran status. For the complete University of California nondiscrimination and affirmative action policy click here.
Donald Trump's major immigration speech in Arizona earlier this week focused in large part on plans to remove "criminal aliens" from the United States. Michelle Lee of the Washington Post reviews Trump's "fuzzy math" in reciting statistics in support of his position. Jane Timm of NBC News also identifies some fast-and-loose use of facts and statistics by Trump:
"[M]any of Trump's own facts were misleading and inaccurate, obscuring truth in a debate both parties agree is necessary. He cited research and statistics from special interests like the Center for Immigration Studies and the Federation for American Immigration Reform (FAIR) — groups that promote dramatically decreased rates of legal immigration."
I would characterize the Center for Immigration Studies and the Federation for American Immigration Reform (FAIR) as immigration advocacy groups, not research units devoted to restricting immigration and scholarly collection and analysis of data.
The New Americans Campaign brought an immigrant to my attention. Gabriele Wallace was always interested in politics. Having grown up during World War II, she experienced first-hand the importance of getting along during difficult times.
Gabriele and her grandson who helped her prepare for the citizenship exam. He accompanied her to the voting booth for the first time
As a child, Gabriele was forced to flee her country with her mother and three siblings when Russia invaded. They went to Prague and later sought refuge back in Germany, 50 miles south of Munich. She grew up in the north eastern part of Germany that was given to Poland after the war. Though she rarely talks about those harrowing years, living in poverty and uncertainty in the midst of the war was a devastating experience in her life. It shaped much of her life philosophy of keeping a positive attitude and constantly thinking “tomorrow is another day.”
When Gabriele Wallace met her Tennessee-born husband in Germany, where he was stationed at a U.S. Air Force base, a new opportunity presented itself. They got married in Germany, and right before Christmas of 1955, when she was almost 20 years old, Wallace came to the United States and settled in Trenton, Michigan. She still lives there, 60 years later.
Gabriele, who describes her life in Trenton as quiet and full, has three successful children and seven grandchildren. Besides enjoying life with them as a retired bank teller, now has a special reason to enjoy life: becoming a U.S. citizen this year, at age 80.
She says the easiest part of the naturalization process was working with the Michigan Immigrant Rights Center, a local New Americans Campaign partner in Detroit.
She also praises her 12 year-old grandson for his encouragement and for helping her prepare for the citizenship test.
Gabriele’s interest in citizenship was rooted her in desire to vote. She believes it’s essential in the current political climate.
“The world is changing so much. Having lived through a war and experienced the devastation, I know how horrible it is, and how much people need to get along in difficult times,” says Gabriele. “I don’t judge anyone, but it’s tough to see the hardship the people of war-torn countries go through these days. I think it’s important to voice our political opinion today more than any other time, which was my motivation to become naturalized.”
This new U.S. citizen describes her English language ability as the most difficult part of the naturalization process from her experience.
Immigration Article of the Day: The New Cooperative Federalism: Inducement, Immigration, and the Right of Refusal by Spencer E. Amdur
The New Cooperative Federalism: Inducement, Immigration, and the Right of Refusal by Spencer E. Amdur, Yale Law & Policy Review, Vol. 35, 2016, Forthcoming
Abstract: The federal government relies on the states to help enforce many of its regulatory schemes. State and local governments are often willing — even eager — to oblige. But when a program is controversial, or expensive to administer, subfederal officials sometimes resist. When that happens, the federal government uses a variety of means to coax, cajole, hector, threaten, or even force them to participate. I call these methods “inducement strategies.” Inducement strategies test the limits of federalism. They have historically crossed the Supreme Court’s radar in some politically fraught areas — nuclear waste disposal, gun control, health care. Today, they are stretching federalism boundaries in an arena where federal-state integration has quietly grown tight: immigration. In the last several decades, the immigration system has come to deeply rely on subfederal aid. State and local reticence has in turn produced a plethora of federal strategies, both formal and informal, for securing assistance. And yet many of these efforts have received little attention. Immigration scholars have largely focused on other federalism questions, including state power and preemption. Federalism scholars, meanwhile, have barely engaged the increasingly rich terrain of joint immigration enforcement. This Article fills both of those gaps. It provides the first sustained account of inducement strategies in immigration law. It identifies the full range of federal-state interactions, assesses their constitutional dimensions, and situates them within the broader federalism literature. To get there, it takes a close look at the Supreme Court’s inducement jurisprudence in the wake of National Federation of Independent Business v. Sebelius. It argues that the commandeering and coercion cases now cohere around what I call a “right of refusal” — a narrow but absolute right against any form of inducement that denies state governments a meaningful ability to opt out. This unified principle helps evaluate the more novel inducement approaches, some of which may wind up in court before long. In an era of intertwined federal-state governance, the set of available inducement options will shape a striking array of regulatory areas — including health care, climate change, education, tax, national security, and marijuana enforcement. By identifying and critically assessing these new modes of interaction, this Article starts to answer some important questions about the terms on which integrated enforcement will play out.
Thursday, September 1, 2016
The U.S. Supreme Court has set for oral argument Lynch v. Morales-Santana for November 9. As previously reported on ImmigrationProf, the question presented is whether a federal law that, for purposes of U.S. citizenship, treats a child born abroad whose father is a U.S. citizen differently from a child born abroad whose mother is a U.S. citizen violates the Constitution. It is one of two potentially major immigration cases pending before the Court in the 2016 Term. The Court could address the vitality of the venerable plenary power doctrine -- or not.
The Solicitor General's brief, pp. 13-18, contend that the courts should generally defer to the judgment of Congress on issues of immigration and naturalization. In so doing, the brief offers rare citations to plenary power landmarks, The Chinese Exclusion Case (p. 15) and Mezei (p. 15), as well as the more standard cite to Mathews v. Diaz (1976) (p. 16).
Certificate of identity issued to Yee Wee Thing certifying that he is the son of a US citizen, issued Nov. 21, 1916. Under the terms of the Chinese Exclusion Act, this was necessary for his immigration from China to the United States
A political cartoon from 1882, showing a Chinese man being barred entry to the "Golden Gate of Liberty." The caption reads, "We must draw the line somewhere, you know."
If you want a good summary of Trump's immigration speech last night, check out Kevin's post this morning. There's a link to the video of his speech but, fair warning, it's more than SEVENTY FIVE minutes long. Sheesh.
For those of you who don't want to listen to Trump for more than an hour, but want to get all the nitty gritty details of his talk, WaPo has the full text at this link. Interestingly, the WaPo version is annotated by their "Fix Team" and offers extra commentary, if you're interested.
In contrast to increasingly restrictive approaches to migration in the global North—and recent skepticism towards Europe's free mobility project—South America is taking steps in the other direction, toward free movement for regional migrants. This article examines the emerging South American model and discusses its implications for migration in the region and for free movement in general.
Today, the American Immigration Council releases Divided by Detention: Asylum-Seeking Families’ Experiences of Separation by Leigh Barrick. As the number of asylum-seeking families from El Salvador, Guatemala, Honduras, and Mexico arriving in the United States soared in recent years, the Obama Administration aggressively expanded family detention in an attempt to “deter” the arrival of others. This report profiles the experiences of five asylum-seeking families who are divided by detention and examines what happens when “family detention” does not actually keep loved ones together.
Here is part of one family's story. The family fled extortion and death threats from a gang in Soyapango, El Salvador. Although the gang specifically targeted Vanessa’s husband, the risk extended to the whole family:
They were extorting my husband, and they would have killed him if he stayed. And then, if they didn’t do so immediately, they would kill everyone—they kill whole families. They rape the girls. I would not allow this for my daughter. I only have one daughter, and I have to seek the best for her.