Thursday, June 13, 2024

How Biden Can Win Latinx Votes

From Bully Pulpit International:

Multiple reports are indicating that President Biden is charting a path forward to extend work permits for longterm immigrant spouses, creating a path to permanent residency that would not force them to leave the United States. Erendira Rendon, the Vice President of the Resurrection Project and an undocumented immigrant from Mexico with Deferred Action for Childhood Arrivals (DACA) status, published a piece on how President Biden can win Latinos in the Washington Post, extending work permits, and keeping families together. 

In a response to a recent piece by Luis Miranda, chair of the Latino Victory Fund, Rendon emphasized that while immigration reform isn't the only issue for Latino voters, it remains a critical concern for a substantial portion of the Latino population, especially those of Mexican origin and the millions living in mixed-status households. She urges President Biden to use his executive authority to grant legal status and work permits to undocumented spouses and parents of U.S. citizens, as well as to "dreamers" without DACA status. 

In case you missed it…

How Mr. Biden can win Latinos

By Erendira Rendon 

As an undocumented immigrant from Mexico with Deferred Action for Childhood Arrivals status, I was moved to respond to Luis Miranda’s May 31 op-ed, “Democrats are taking Latinos for granted.”

I agree with Mr. Miranda’s overriding point: The Latino community is diverse, and President Biden is in serious danger of losing our votes through neglect. I would like to add one point of clarification about what I see as the best way for Mr. Biden to remedy this lapse in attention.

Mr. Miranda writes that “Democrats often assume that immigration reform is their only hope of winning Latino voters.” He is correct that immigration reform is not the only issue of concern for Latino voters. By definition, Latino voters are at least five years into their immigration journey, the typical time one must be a permanent resident before becoming naturalized. They have moved on to other issues that more directly affect their families. And, of course, 9.7 percent of Latinos in the United States are Puerto Rican and therefore U.S. citizens, so immigration may never have been a pressing personal concern for them.

But for voters such as my sister-in-law, my aunts, uncles and cousins, and the more than 10 million U.S. citizens who live with an undocumented person, immigration reform is an existential issue. These voters are concentrated within the 60.5 percent of Latinos in the United States who are of Mexican origin. Our mixed-status households are highly vulnerable to drastic changes in immigration policy, such as an end to DACA.

It is likely that both parties will ignore the substantial Mexican American vote in reliably blue California or predictably red Texas. But Mexican American voters and mixed-status families could help determine who wins Arizona and Nevada and even other swing states, including Wisconsin, Michigan, Pennsylvania, and Georgia.

Given this practical and political reality, I urge Mr. Biden to use his executive authority to grant legal status and work permits to the undocumented spouses and parents of U.S. citizens and to the “dreamers” without DACA status. President Barack Obama issued DACA to young undocumented immigrants like me in 2012. That fall, he won 71 percent of the Latino vote, up from 67 percent in 2008.

It would be humane for Mr. Biden to take this step. If he does so, he would also give millions of voters in families like mine an excellent reason to turn out and support his reelection.

bh

June 13, 2024 | Permalink | Comments (0)

Groups Sue Biden Administration Over New Asylum Rule

Overview image

It was only a matter of time.  Or should I say, "about time."  President Biden's border actions are being challenged in court.  

The ACLU press release states the following:

"Immigrants’ rights groups today sued the Biden administration over the president’s proclamation and a new rule that severely restricts asylum and puts thousands of lives at risk.

The American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, Jenner & Block LLP, ACLU of the District of Columbia, and Texas Civil Rights Project (TCRP) filed the federal lawsuit on behalf of Las Americas Immigrant Advocacy Center (Las Americas) and the Refugee and Immigrant Center for Education and Legal Services (RAICES).

President Biden issued the proclamation last week along with an accompanying interim rule issued by the Department of Homeland Security and the Department of Justice on the same day. These executive actions will effectively shut off any access to asylum protections for the vast majority of people arriving at the U.S.-Mexico border, no matter how strong their claims. The proclamation echoes the Trump administration’s previous asylum entry ban, which immigrants’ rights advocates successfully challenged.

The lawsuit charges the ban, which allows asylum access only for people who can secure a scarce appointment to present themselves at a port of entry or satisfy a very narrow exception, is flatly inconsistent with the asylum statute that Congress enacted, which permits migrants to apply for asylum “whether or not” they enter at a port of entry. In addition to barring asylum for most migrants, the new rules also create potentially insurmountable obstacles for seeking other types of protection.

`We were left with no alternative but to sue. The administration lacks unilateral authority to override Congress and bar asylum based on how one enters the country, a point the courts made crystal clear when the Trump administration unsuccessfully tried a near-identical ban,' said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

....

`Nearly 60 years following the Immigration and Nationality Act of 1965 and more than four decades following the Refugee Act of 1980, our elected officials have reversed the very spirit of the laws that protect the human and legal rights of not only those seeking safety in the U.S. — but all of us. It remains shocking, if no longer surprising, that the same elected officials who promised to restore our commitment to humanitarian protections are more than willing to sacrifice especially Black and Brown lives for political points and personal gain. Let us be clear: We believe the order and interim final rule that the current administration unveiled this past week are unlawful. We know that checks on misuse of power are an essential function of our judicial branch, and we are using every legal tool to hold our government accountable for preserving and restoring access to asylum and refugee protections. The fight for federal protection of our human and legal rights is never born out of our nation’s capital — but instead must always come to it,' said Javier Hidalgo, legal director at RAICES.

`President Biden’s recent executive order flies in the face of our entire asylum system and has no cognizable basis to support it. By doing this, the president has managed to further penalize vulnerable individuals and families seeking protection and violated our laws. We are taking legal action to demonstrate that this flagrant disregard for human safety is illegal, unsustainable, and must be stopped. Asylum is not a loophole but rather a life-saving measure. Access to asylum is a human and legally protected right in the United States,' said Jennifer Babaie, director of advocacy and legal services of Las Americas Immigrant Advocacy Center in El Paso, Texas, and Ciudad Juárez, Mexico, and New Mexico.

....

The case was filed in U.S. District Court in Washington, D.C.

The complaint can be found online here."

KJ

 

June 13, 2024 in Current Affairs | Permalink | Comments (0)

Wednesday, June 12, 2024

The Daily Podcast on Biden's Border Closure

 

The intro to the podcast:  "Last week, President Biden announced one of the most restrictive immigration policies by a Democratic incumbent in decades, effectively barring migrants crossing the southern border from seeking asylum in the United States." (bold added).

KJ

 

June 12, 2024 in Current Affairs | Permalink | Comments (0)

Southwestern Law School partners with Los Angeles LGBT Center to launch Asylum Law Clinic

Prelaw reports that Southwestern Law School is collaborating with the Los Angeles LGBT Center to launch the Asylum Law Clinic in Fall 2024 to provide the next generation of lawyers with the skills to dismantle barriers to asylum.

The collaboration was initiated by John Heilman law professor at Southwestern, who has a long history of connecting his students with the Los Angeles LGBT Center’s Legal Services Department.  Andrea Ramos, director of the Immigration Law Clinic at Southwestern, said the Asylum Law Clinic is a huge step in training law students to advocate effectively for marginalized groups.

KJ

June 12, 2024 in Current Affairs, Immigration Law Clinics | Permalink | Comments (0)

8 Tajik nationals with alleged ties to terrorism arrested in US

Image 12001 map of Tajikistan including road and rail network (from Transport in Tajikistan)

Map courtesy of Wikimedia Commons

CNN reports that federal agents yesterday arrested eight Tajikistan nationals in the United States on immigration charges following the discovery of potential ties to terrorism.  Arrests by US Immigration and Customs Enforcement were made inLos Angeles, New York and Philadelphia.  According to the report, 

A second source said investigators later discovered possible links to ISIS members located overseas, which spurred the federal investigation. . . . .

The group had been on the radar of US officials for well over a month, but senior US officials recently decided to have the eight expelled from the country under ICE’s Enforcement and Removal Operations authority rather than risking having the FBI surveil them longer and wait for the potential manifestation of a possible plot, the source told CNN."

In a release, ICE and the FBI said ICE “agents arrested several non-citizens” in coordination with the FBI’s joint terrorism task forces.

KJ

June 12, 2024 in Current Affairs | Permalink | Comments (0)

Tuesday, June 11, 2024

EU Parliament Election Moves Far Right Anti-Immigrant

Big news this week on the EU parliamentary election results moving further right with the rise of parties holding a nationalist, anti-immigrant agenda.

Tune in here for excellent coverage by Amy Goodman of Democracy Now!, featuring reporting from Mehreen Khan of The Times of London.

IE

June 11, 2024 in Current Affairs | Permalink | Comments (0)

New Publication: A Guide to Obtaining Release from Immigration Detention

Don't miss the National Immigration Project's new resource,  A Guide to Obtaining Release from Immigration Detention.

The Guide provides detailed coverage of the range of legal and procedural issues that arise in bond proceedings in U.S. immigration courts, including:

  • legal authorities governing immigration detention
  • strategies for seeking release
  • bond hearing procedures
  • how to prepare for a bond hearing
  • appellate issues

The Guide was first published in 2018 by Catholic Legal Immigration Network, Inc. (CLINIC) before being updated by the National Immigration Project this year.

IE

 

June 11, 2024 in Data and Research, Teaching Resources | Permalink | Comments (0)

AILA Presents Treatise Co-Author Steve Yale-Loehr with Juceam Founders Award

headshot of Steve Yale-Loehr

Photo courtesy of Cornell Law School

From Dan Kowalski and LEXISNEXIS Immigration

AILA Presents Treatise Co-Author Steve Yale-Loehr with Juceam Founders Award   AILA, June 11, 2024

"The American Immigration Lawyers Association (AILA) recognizes Stephen Yale-Loehr with the Robert Juceam Founders Award, which is given from time to time to the person or entity having the most substantial impact on the field of immigration law or policy.

As his nominators shared, “Like Bob Juceam, Steve has been a giant in the immigration legal community for decades. Not only has he had an immense impact on the students he teaches at Cornell Law School, he has written a casebook on immigration law, and edited numerous immigration publications,” which reach far beyond his classroom.

Mr. Yale-Loehr has practiced immigration law for over 35 years. He also teaches immigration and asylum law at Cornell Law School as Professor of Immigration Practice and is of counsel at Miller Mayer in Ithaca, New York. 

KJ

June 11, 2024 in Current Affairs | Permalink | Comments (0)

Migrant Shipwreck Off Yemen Coast

From IOM:

49 Migrants Dead, 140 Missing in Shipwreck Off Yemen Coast

 At least 49 migrants have died and 140 others remain missing after a boat capsized off the coast of Yemen. The vessel carrying 260 migrants capsized yesterday (10 June) near Alghareef Point in Shabwah governorate. Among those that lost their lives in the devastating tragedy are 31 women and six children. 

“This recent tragedy is another reminder of the urgent need to work together to address urgent migration challenges and ensure the safety and security of migrants along migration routes,” said Mohammedali Abunajela, IOM Spokesperson. “Our thoughts are with the victims and their families as we remain committed to supporting survivors and improving search and rescue efforts in the region.” 

According to the survivors, the boat departed from Bossaso in Somalia at around 3:00 am on Sunday, carrying 115 Somali nationals and 145 Ethiopians, with 90 women among them. This mirrors the recent rise in migrants from the Horn of Africa travelling to Yemen, spurred by political and economic instability, alongside severe droughts and other extreme weather events in countries like Ethiopia and Somalia. 

The International Organization for Migration (IOM) has mobilized two mobile medical teams to provide immediate assistance to the survivors, including six children. Out of the 71 survivors, eight migrants required further medical attention and were referred to a hospital while the remaining 63 survivors received first aid and minor treatment, including trauma care and wound dressing from the on-site mobile clinic. IOM psychologists working with the mobile medical team are providing mental health support to 38 survivors. 

Search and rescue operations are ongoing despite significant challenges due to a shortage of operational patrol boats, a situation further complicated by the recent conflict. Local community members, including fishermen, played a crucial role in the aftermath by assisting with the recovery efforts and helping to lay the deceased to rest at Ayn-Bamaabed cemetery.  
Despite these efforts, 140 individuals are still missing, and efforts are currently underway to explore additional search and rescue options as more bodies continue to wash ashore in various locations. 

This tragedy comes on the back of two separate shipwrecks on the same route along the coast of Djibouti claiming the lives at least 62 migrants. Since 2014, IOM's Missing Migrants Project has recorded 1,860 migrant deaths and disappearances along the Eastern Route from the East and Horn of Africa to the Gulf countries, including 480 due to drowning. 

The Eastern Horn of Africa to Yemen is one of the world’s busiest and most perilous mixed migration routes, frequented by hundreds of thousands of migrants, the majority of whom undertake irregular journeys. Often relying on smugglers to navigate the journey, migrants are frequently at an increased risk, including of human trafficking, during the perilous boat journey to Yemen’s shores.  

Despite the ongoing conflict in Yemen, thousands of migrants continue to transit through Yemen in hopes of reaching the Kingdom of Saudi Arabia and other Gulf countries. In 2023, IOM’s Displacement Tracking Matrix (DTM) observed more than 97,200 migrant arrivals to Yemen, surpassing figures from last year when just over 73,000 migrants arrived in Yemen. 

bh

June 11, 2024 | Permalink | Comments (0)

Campaign 2024: Trump embraces harsh immigration rhetoric during Las Vegas rally

45_donald_trump

Official White House Photo

As we have seen, it is campaign season.  And immigration is at the center of the fracas between Joe Biden/Donald Trump  :ast week, President Biden effectively closed the U.S./Mexico border.   As he made clear last weekend in Las Vegas, former President Trump is not impressed.    

Kimberly Leonard for Politico reports that Trump appeared a rally in Las Vegas, "wielding harsh rhetoric about illegal immigration and occasionally touching on his own run-ins with the law. "  Not far from the Las Vegas Strip, Trump called Nevada a “dumping ground” for unauthorized immigrants and slammed President Joe Biden for unleashing a “nightmare” through his border policies that he argued were “totally destroying” Black and Hispanic Americans.

“The people of Nevada have had a front-row seat to Joe Biden's evil and criminal obliteration of our southern border,” Trump told the crowd. “It was criminal what he's done.”

Trump dismissed Biden's immigration actions last week as a “little plan” that was “pro-invasion, pro-child trafficking, pro-women trafficking, pro-human trafficking, pro-drug dealers and all the death they bring and pro-illegal immigration.” He mentioned violent crimes allegedly committed by unauthorized immigrants.

“It’s weak, it’s ineffective, it’s bullshit what he signed,” Trump said.  The crowd chanted “Bullshit, bullshit, bullshit.”

On the same day he made these comments, the Trump campaign launched the rebranding of its Latino outreach effort, from “Latinos for Trump” to “Latino Americans for Trump.”

Trump has promised if reelected that he’ll carry out mass deportations, end birthright citizenship and reinstitute the Muslim ban.

Trump at one point in his remarks referred to the “Biden crime family.”

KJ

June 11, 2024 in Current Affairs | Permalink | Comments (0)

Monday, June 10, 2024

Immprof Anil Kalhan Named 2024-2025 Fellow of National Center for Free Speech and Civic Engagement

Photo_Anil

Immprof Anil Kalhan (Drexel) has been named one of the 2024-2025 fellows of the University of California's National Center for Free Speech and Civic Engagement. The Center's mission is to "explore the intersection of expression, engagement and democratic learning and consider what can be done to restore trust in the value of free speech on college campuses and within society at large."

The subject of Anil's research during this fellowship will be "Democratic Erosion and the Contemporary Assault on Education and Knowledge." As he writes: "Recent campaigns targeting teaching and research on 'controversial subjects' have emerged alongside concerns that democratic governance has been placed more fundamentally at risk. This project examines the relationships between these developments, analyzing the legal architecture and rationales of the contemporary assault on knowledge and drawing connections to wider concerns about democratic erosion." He'll be building on his work with the American Association of University Professors Committee A on Academic Freedom and Tenure and its Special Committee on Academic Freedom in Florida.

Congratulations, Anil!

-KitJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Issues to Consider for Immigrant Clients in Criminal Court

CUNY’s Immigrant & Non-Citizen Rights Clinic and the Immigrant Defense Project are excited to announce a new resource for noncitizen clients who face pending charges in criminal courts. The resource is currently available in English, Spanish, and Haitian Creole. Mandarin is forthcoming.

The resource was written for community members to provide information for noncitizens about their right to advice about the immigration consequences of any plea deal or other outcome in criminal court under Padilla v. Kentucky, the possible risk of a detainer or arrest by ICE connected to the criminal case, and issues for noncitizens to consider when traveling abroad and filing immigration applications during an open criminal case.  This resource is also intended for criminal defense attorneys and immigration advocates to give to noncitizen clients. 

While some information in the resource is New York-specific, much of the information is applicable to noncitizen clients nationwide.

 

KJ

June 10, 2024 in Current Affairs, Immigration Law Clinics | Permalink | Comments (0)

Ohio sheriff fed up with crime stemming from border crisis calls for death penalty renewal

 

From Fox News:   Ohio sheriff fed up with crime stemming from border crisis calls for death penalty renewal

Watch the video.  The claims are amazing.

Hat tip to Nolan Rappaport.

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Border Patrol Turns 100

CBP Seal, U.S. Customs and Border Protection:  U.S. Department of Homeland Security. Links to CBP.gov homepage

 

The U.S. Border Patrol turned 100 years old on May 28Here is a brief summary from the U.S. government as it celebrates the centennial anniversary of the Border Patrol.  

The American Immigration Council (as does this article from Mother Jones) has a slightly different slant:

"The Border Patrol’s centennial provides an opportunity to shed light on the agency’s lack of accountability and to pursue a vision for border communities that is grounded in dignity and human rights.

The Border Patrol was founded in 1924, as part of the same restrictive immigration legislation enacted widespread national origin quotas for the first time. That law, the Johnson-Reed Act, excluded immigrants from Asian countries almost entirely and limited the number of new immigrants to the populations that were present in the United States at the time of the 1890 census—a tactic to exclude Eastern and Southern European immigrants, grounded in deep anti-Semitism. While the law did not directly restrict immigration from the Western Hemisphere, it included funding for the Border Patrol to control the movement of Mexicans into the United States while accommodating West Texas ranchers’ need for labor.

The U.S. government’s first attempt at federal border control followed the Chinese Exclusion Act. The Mounted Guard of Chinese Inspectors patrolled the northern and southern borders to apprehend any unauthorized Chinese immigrants from entering the United States.

But the Border Patrol’s roots can be traced back further, to the Texas Rangers—the law enforcement agency that perpetuated racist and xenophobic violence to keep enslaved Black people from leaving and to exclude Mexican and indigenous people from entering the country. Many of the earliest Border Patrol agents were former Rangers and the culture of racialized policing of the border remained. Southern Border Communities Coalition (SBCC) has documented the history of Border Patrol’s abuses in the borderlands, including its integral role in `Operation Wetback,' where it engaged in military style raids to violently deport over 1 million workers, including U.S. citizens, to Mexico.

The current Border Patrol is a subagency of U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS),"

Kelly Lytle Hernandez has a wonderful history of the Border Patrol.  Her book Migra ! The History of the Border Patrol/ "Focusing on the daily challenges of policing the Mexican border and bringing to light unexpected partners and forgotten dynamics, Migra! reveals how the U.S. Border Patrol translated the mandate for comprehensive migration control into a project of policing immigrants and undocumented `liens' in the U.S.-Mexico borderlands."

Migra! by Kelly Lytle Hernandez

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Are More Undocumented Immigrants Living in the US Now? Here’s What the Numbers Say

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Sunday, June 9, 2024

From The Bookshelves: Northern Boy by Iqbal Hussain

Cover

I've got another great summer read for you: Northern Boy by Iqbal Hussain. Check it out:

Joyful, defiant and dazzling, this is the story of Rafi Aziz – a Northern boy dreaming of his name up in lights.

It's 1981 in the suburbs of Blackburn and, as Rafi’s mother reminds him daily, the family moved here from Pakistan to give him the best opportunities. But Rafi longs to follow his own path. Flamboyant, dramatic and musically gifted, he wants to be a Bollywood star.

Twenty years later, Rafi is flying home from Australia for his best friend’s wedding. He has everything he ever wanted: starring roles in musical theatre, the perfect boyfriend and freedom from expectation. But returning to Blackburn is the ultimate test: can he show his true self to his community?

Navigating family and identity from boyhood to adulthood, as well as the changing eras of ABBA, skinheads and urbanisation, Rafi must follow his heart to achieve his dreams.

The publisher also offers this description: Billy Elliot meets Bend It Like Beckham. I mean, sold, amiright?

-KitJ

June 9, 2024 in Books | Permalink | Comments (0)

Arizona Voters Will Weigh Ballot Initiative To Make Illegal Border Crossing a State Crime

 

 

 

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Photo courtesy of Wikimedia Commons.  The crosses represents migrants who have dies attempting to cross the U.S./Mexico border.

In 2020, Joe Biden won Arizona with a razor thin margin and became President.  As we have blogged, there is lots going on in the battleground state of Arizona as Election 2024 nears.  And expect more.

Fiona Harrigan for Reason offers details about how Arizona voters in November -- when Americans will elect the next President -- will consider a ballot measure that would make it a state crime to unlawfully cross the Arizona-Mexico border. If the measure is passed, law enforcement officers would be authorized to arrest people suspected of unlawfully crossing the border, and state courts would be authorized to order deportations.

Passed by the Arizona House 31–29 along party-lines, House Concurrent Resolution 2060  states that Arizona "is being 'actually invaded' as defined in article I, section 10" of the U.S. Constitution. Besides authorizing law enforcement in the state to arrest undocumented immigrants who cross into Arizona illegally, HCR 2060 creates penalties for people who "present false documents to obtain public benefits or to evade workplace eligibility detection" through the federal E-Verify program. It also strengthens penalties for people who sell fentanyl resulting in death.

Those unlawfully crossing the border for the first time would face a misdemeanor charge, punishable by up to six months in jail. Repeat offenders would face felony charges and could face several years in prison. 

In 2012, the Supreme Court invalidated several provisions of an Arizona immigration enforcement law.  It did not, however, strike down a provision allowing state and local officers to arrest suspected undocumented immigrants.  

KJ

June 9, 2024 in Current Affairs | Permalink | Comments (0)

Saturday, June 8, 2024

Addressing Root Causes of Violence in Central America

Given the insistence of US leaders to mistreat asylum seekers at our US southern border, it's more important than ever to seriously engage in efforts to address root causes of violence in sending nations like Honduras, Guatemala, and El Salvador. This is my most recent effort discussing that challenge

Abstract

The need to address root causes of migration in Honduras, Guatemala, and El Salvador—often referred to as the Northern Triangle—is the primary focus of this article. Specifically, violence as the root cause of migration is my primary focus, because of what I have seen and experienced in the last decade. In working with clinic clients, meeting with migrants on trips to the U.S. southern border, and counseling detainees in ICE detention, the stories that I hear from migrants from those countries are almost always about the gang, cartel, and domestic violence to which they have been subjected.

While I believe that the vast majority of asylum seekers from the Northern Triangle have valid claims and I am disappointed in the treatment of migrants and the politicization of the southern border, I also believe that most migrants would rather stay home in an environment that is safe and permits them to be productive. Thus, addressing the root causes of violence is vital for the migrants and for the families and friends that have been left behind.

This article is an overview of some of the various attempts to reduce violence from a critical perspective. I examine the efforts of the United States to address the root causes of migration, primarily through the U.S. Agency for International Development, and I also engage in an analysis of the roles that the World Bank and the International Monetary Fund have played. I review the arrival of China on the scene with its range of motivations in the region. The implementation of an ultra-iron fist policy through a controversial state of emergency in El Salvador by President Nayib Bukele is also included. Finally, I review the important work by individuals in the Northern Triangle whose approaches toward addressing violence are special and worthy of attention.

Click here to read In Search of Strategies to Address Violence in Central America

bh

June 8, 2024 | Permalink | Comments (0)

Culinary "Oscars" Recognize Immigrant Restaurateurs

The James Beard Awards are, according to the AP, the "culinary world’s equivalent of the Oscars." The JBF Foundation says the awards are meant to "recognize exceptional talent and achievement in the culinary arts, hospitality, media, and broader food system, as well as a demonstrated commitment to racial and gender equity, community, sustainability, and a culture where all can thrive."

Among this year's "outstanding restaurateur" nominees are Hamissi Mamba and Nadia Nijimbere, owners of Baobab Fare in Detroit, "Bringing the vibrant flavors of East Africa to Detroit." Mamba and Nijimbere are refugees from Burundi who have been in the U.S. for about a decade. (SIDEBAR: **Dear law schools in Detroit, I will come and speak to your immigration classes in exchange for fried plantains. Just sayin'. **)

Another "outstanding restaurateur" nominee is Yenvy Pham of The Boat pho shops in Seattle. Her parents, the AP notes, are "credited with bringing the first pho shop to the city in the 1980s" after immigrating from Vietnam.

-KitJ

June 8, 2024 | Permalink | Comments (0)

Immigration Article of the Day: Representing Noncitizens in the Context of Legal Instability and Adverse Detention Precedent by Nancy Morawetz

Representing Noncitizens in the Context of Legal Instability and Adverse Detention Precedent by Nancy Morawetz, Fordham Law Review, Vol. 92, No. 873, 2023

Abstract

Over the past fifteen years, the initiatives of the Katzmann Study Group on Immigrant Representation have worked to transform the landscape of immigrant representation, expanding access to qualified counsel first in New York and, over time, throughout the country. As we look for initiatives to yield better access to quality counsel in the years ahead, we must once again seek to understand the nature of the challenges to adequate immigrant representation. This Essay addresses three structural aspects of immigration law that have shifted in recent years and present important challenges for delivering adequate representation. The first is the rise of red-state lawsuits that lead to enormous unpredictability about the agency rules under which lawyers can expect to operate. The second is the individuation and constitutionalization of detention law, which is particularly challenging due to the increased transfer of detainees to remote locations. The third is the changing dynamic around choice of law for immigration courts and a disconnect between circuit court and U.S. Supreme Court decisions. This dynamic has created uncertainty about what circuit court rules apply and instability about what substantive rules will apply both in immigration court and on appeal. Each of these phenomena mean that lawyering for noncitizens facing removal is more complex than ever. Although there are opportunities embedded in some of these changes, there are also enormous hurdles that make the task of lawyering extremely complex. This Essay explores the nature of these challenges and suggests ways for legal organizations to prepare themselves for the new landscape.

KJ

June 8, 2024 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)