Saturday, December 4, 2021
Yesterday, immigration attorney Greg Siskand opined that most Afghan humanitarian parole cases would be denied because of a lack of evidence indicating that the applicant/s will be specifically targeted by the country's new government. The program, Siskand states, is "a sham."
URGENT for journalist followers - @uscis is now expected to DENY most Afghan humanitarian parole cases - more than 30K pending - because they are applying standards most applications won't meet. Here's why - 1x— Greg Siskind (@gsiskind) December 3, 2021
Law360 has picked up Siskand's story. AILA is also on this issue and has released a Practice Pointer on USCIS Processing of Humanitarian Parole Applications for Afghan Nationals (AILA Doc. No. 21120304).
The National Immigration Law Center is calling for applications for a fellowship. See National Immigration Law Center - Law Fellowship (lever.co)
Applications will be accepted on a rolling-basis through Friday, January 7th, 2022 at 9pm Pacific.
Shoba Sivaprasad Wadhia: "Justices will decide scope of judicial review over certain immigration decisions"
Patel challenged the BIA denial in the U.S. Court of Appeals for the 11th Circuit. The circuit court concluded that subparagraph (B)(i) bars a court from reviewing Patel’s case. . . . Patel sought review before the Supreme Court.
At the heart of this case is whether a federal court can review questions tied to Patel’s statutory eligibility for adjustment of status. Specifically, the Supreme Court will consider `[w]hether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a non-discretionary determination that a noncitizen is ineligible for certain types of discretionary relief.'”
Stay tuned for reports on the oral argument next week.
Friday, December 3, 2021
Oh, man. I'm a sucker for a good graphic novel. A graphic memoir? So cool. Check this one out: I Was Their American Dream by Malaka Gharib. Here's the publisher's pitch:
I Was Their American Dream is at once a coming-of-age story and a reminder of the thousands of immigrants who come to America in search for a better life for themselves and their children. The daughter of parents with unfulfilled dreams themselves, Malaka navigated her childhood chasing her parents' ideals, learning to code-switch between her family's Filipino and Egyptian customs, adapting to white culture to fit in, crushing on skater boys, and trying to understand the tension between holding onto cultural values and trying to be an all-American kid.
Malaka Gharib's triumphant graphic memoir brings to life her teenage antics and illuminates earnest questions about identity and culture, while providing thoughtful insight into the lives of modern immigrants and the generation of millennial children they raised. Malaka's story is a heartfelt tribute to the American immigrants who have invested their future in the promise of the American dream.
On Amazon, the "Look Inside" feature will give you a glimpse at some of the novel's fabulous images and compelling story line.
Immigrants Rising has as handy guide for undocument6ed immigrants traveling in the United States. The introductions acknowledges that "[t]raveling in the U.S. can be a complicated and stressful process for anyone—even more so if you’re undocumented! But it doesn’t have to be complicated. If you’re thinking of traveling as an undocumented person (with or without DACA) and are curious about how to travel safely, read on. Safe travels, undocu-travelers!"
Thursday, December 2, 2021
From the Washington Post:
Honduras is now the biggest source of migration to the United States — a fact that critics blame partly on the Juan Orlando Hernández administration’s poor governance and an issue newly-elected president Xiomara Castro will now inherit. While the Biden administration is crafting policy aimed at deterring migration, the Honduran economy depends on money sent home by its citizens working in the United States. Remittances make up roughly 20 percent of the country’s GDP.
WASHINGTON, D.C. – Today, the Biden administration announced a new agreement with the Mexican government to restart the Trump-era Migrant Protection Protocols (MPP). Under this policy, asylum seekers are required to wait outside the U.S., where they face violence and threats, while their claims are processed.
During the Trump administration, more than 60,000 asylum seekers were returned across the border to Mexico under MPP. In addition to re-starting MPP, the Biden administration continues using Title 42 to immediately expel migrants at the border without providing asylum seekers due process.
Ronnate Asirwatham, NETWORK Government Relations Director, said:
“We lift up the testimony of our partners at the border and the dignity of all immigrants and reiterate that meaningful access to counsel, justice, and due process under MPP is impossible. To even attempt it again makes a mockery of U.S. laws. We call on the Biden administration to end MPP and restore the ability to seek asylum at the border.”
Mary J. Novak, Executive Director of NETWORK Lobby for Catholic Social Justice, said:
“The use of the Migrant Protection Protocols forces vulnerable asylum seekers to live in unsafe conditions in Mexico while they wait for their cases to proceed in the United States. As President Biden tweeted before taking office, ‘Remain in Mexico is dangerous, inhumane, and goes against everything we stand for.'
“I join people of faith at the border and across the country calling on President Biden to recognize the human dignity of our siblings at the border and end this dangerous and inhumane policy as quickly as possible."
NETWORK – advocates for justice inspired by Catholic sisters – educates, organizes, and lobbies for economic and social transformation. They have a 45-year track record of lobbying for critical federal programs that support those at the margins and prioritize the common good. www.networklobby.org
The Immigration & Deportation Defense Clinic at the University of San Francisco is seeking an associate attorney who has experience in immigration law and deportation defense. The attorney will work primarily on cases involving asylum and special immigrant juvenile status for children and families throughout Northern and Central California who are in removal proceedings in the San Francisco Immigration Court. The attorney will also work on BIA appeals.
For more information click here.
Migrant Protection Protocols are Back! "DHS, Justice, and State Prepare for Court-Ordered Reimplementation of MPP"
A press statement from the Department of Homeland Security:
WASHINGTON – As required by a federal court order, the Department of Homeland Security (DHS) has been working in good faith to re-implement the Migrant Protection Protocols (MPP) program. Today, in coordination with the Departments of State and Justice, DHS announced key changes to MPP to address humanitarian concerns raised by the Government of Mexico and shared by the U.S. Government. Secretary of Homeland Security Alejandro N. Mayorkas has repeatedly stated that MPP has endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and failed to address the root causes of irregular migration.
To comply with the court order, however, DHS will be ready to reimplement MPP once the Government of Mexico makes a final and independent decision to accept the return of individuals enrolled in the program, subject to certain humanitarian improvements. These key changes include a commitment that proceedings will generally be concluded within six months of an individual’s initial return to Mexico; opportunities for enrollees to secure access to, and communicate with, counsel before and during non-refoulement interviews and immigration court hearings; improved non-refoulement procedures; and an increase in the amount and quality of information enrolled individuals receive about MPP. DHS will exclude particularly vulnerable individuals from being enrolled in MPP. In addition, DHS will offer COVID-19 vaccinations for all persons enrolled in MPP.
The U.S. Government will work closely with the Government of Mexico to ensure that there are safe and secure shelters available for those enrolled in MPP; that individuals returned under MPP have secure transportation to and from U.S. ports of entry; and that MPP enrollees are able to seek work permits, healthcare, and other services in Mexico.
On October 29, 2021, Secretary Mayorkas issued a new memorandum announcing and explaining his decision to terminate the program. This Administration, however, remains under a court order requiring it to reimplement MPP in good faith, which it will abide by even as it continues to vigorously contest the ruling.
Once the court injunction is lifted, MPP will be terminated.
The Administration remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values. DHS also continues to process individuals in accordance with U.S. law and our mission.
The latest iteration of immigration provisions in the budget reconciliation bill went to Senate parliamentarian Elizabeth MacDonough, who has rejected previous attempts to include immigration provisions in the bill, yesterday, Suzanne Monyak reports in Roll Call. MacDonough will decide whether the provisions, which would grant temporary protections for millions of undocumented immigrants, adhere to the rule that reconciliation bills "primarily impact the federal budget."
Although there is no longer talk of anything like comprehensive immigration reform, the proposal is something. Stay tuned!
Immigration federalism has attracted overwhelming attention from scholars and advocates in recent years. Despite this, the scholarship has not fully explored the outer limits of states’ power to regulate noncitizens. This Article attempts to provide an account of these outer limits. To do so, it uses as a case study an important group of noncitizens with a complex relationship to state (and national) community. It is the first systematic analysis of the effects of state law on former immigrants to the United States, a group that has grown into the millions with increased deportations and voluntary out-migration. It also offers a novel treatment of two substantive state-law legal issues that are harming these millions of former immigrants.
Building on these descriptive observations, the Article offers a theoretical framework to guide state immigration law- and policymaking that emphasizes states’ powers to define community differently than the federal government. This framework, which the Article names “citizenship federalism” to highlight its linkages to and divergences from the antecedent concept of “immigration federalism,” focuses attention on states’ power to adopt different underlying values and criteria than the federal system does when deciding which noncitizens to place within the boundaries of community. This Article focuses on states’ power to challenge federal law’s reliance on territoriality, which federal law treats as the key boundary determining which noncitizens are within our national community. Citizenship federalism opens up significant possibilities for academics and practitioners alike, both for understanding the states’ role in constructing political and social membership and for moving towards a new generation of state-level immigration policy and advocacy.
Wednesday, December 1, 2021
Registration for the AALS conference is up and running.
This year's conference features a number of exciting panels on immigration:
- Wednesday January 5, 3:10 – 4:25 PM (Eastern): The Crisis of Afghanistan
- Thursday January 6, 3:10 – 4:25 PM (Eastern): Law Students and Faculty Rising to the Challenge: Responding to the Afghan Crisis
- Friday, January 7, 2-3 PM (Eastern): Immigration Law social
- Friday, January 7, 3:10-4:25 PM (Eastern): Immigrant Advocacy Inside and Outside Agencies, Courts, and Legislatures
- Friday, January 7, 4:45-6:00 PM (Eastern): New Voices in Immigration Law. This WIP session will focus on papers by Sabrina Balgamwalla (ICE Transfers as a Dimension of Immigration Detention) and Faiza W. Sayed (Secret Law at the Board of Immigration Appeals). Papers will be distributed ahead of time to readers -- just contact me about it.
- Saturday, January 8, 3:10-4:25 PM (Eastern): Immigration, Equality, and Security: The Biden Administration’s First Year and Beyond. This is our section's plenary session and will feature discussion with the Director of USCIS Ur M. Jaddou (!!!!!) and Amanda Frost (American WCL), moderated by Lucas Guttentag (Stanford). Woot. Woot.
Immigration Article of the Day: What is exploitation and workplace abuse?’ A classification schema to understand exploitative workplace behaviour towards migrant workers by Anna Boucher
The Immigration Article of the Day was just published in New Political Economy by Dr. Anna Boucher and titled: "What is exploitation and workplace abuse?’ A classification schema to understand exploitative workplace behaviour towards migrant workers."
Here is the abstract:
Migrant workers and domestic workers more broadly, suffer multiple forms of exploitation but the interaction of these forms lacks theorisation. The scholarship on exploitation includes modern slavery studies, Marxism and aligned accounts of unfreedom that help clarify the position of migrant workers. Yet, none of these accounts exhaust the array of exploitative practices that migrant workers face and these approaches often privilege economic violations over other types. This paper argues that a five-type classification schema – adding criminal infringement, denial of leave entitlements, safety violations and discrimination to economic violations – best encompasses the exploitation that migrant workers experience. Drawing upon a new database of 907 court cases litigated by 1912 migrant workers in four countries, it demonstrates that while economic violations predominate they often interact with these other four types of abuse. It suggests that both policy analysis and theoretical accounts of exploitation and abuse should address a broader array of workplace violations, which may provide a jumping-off point for further empirical studies of exploitation.
Please join the Center for Migration Studies of New York (CMS) and the Ready to Stay Coalition from 1:00 – 2:15 ET on December 9th for a webinar and discussion of the forthcoming CMS report, Ready to Stay: A Comprehensive Analysis of the US Foreign-Born Populations Eligible for Special Legal Status Programs and for Legalization under Pending Bills.
The report’s authors, Donald Kerwin, José Pacas, and Robert Warren, will share key findings, data methodology, and policy recommendations. Angelica Salas, CHIRLA and Nicole Melaku, NPNA will share remarks on behalf of the Ready to Stay Coalition.
For more than a decade Arizona has been among the most prominent—if not the most prominent—site of the contested politics of immigration. To reflect on Arizona’s place in the development of immigration law and policy, Cesar Garcia Hernandez, Ohio State (formerly Denver Sturm Law School), will speak with Jude Joffe-Block and Terry Greene Sterling about their new book Driving While Brown: Sheriff Joe Arpaio Versus the Latino Resistance. NPR recently included the book in its list of best books of 2021. The event takes place on Tuesday, December 7, at 12:00 pm Eastern during an hour-long event called Chronicling Arizona’s Immigration Politics and is part of the Charlas on Migration series. It is free, open to the public, and accessible online, but registration is required.
MHC (h/t CGH)
No Holds Barred in the U.S. Congress? Another video shows Rep. Lauren Boebert suggesting Rep. Ilhan Omar was terrorist
CNN reports that Rep. Lauren Boebert (R-Colorado) suggested to a crowd last September that Rep. Ilhan Omar (D-Minnesota), whom she called "black-hearted" and "evil," was a terrorist. She also said that she felt safe around Omar because the Democrat wasn't wearing a backpack while they were in an elevator together. It was another instance in which Boebert suggested Omar, who is Muslim and wears a hijab, was a terrorist.
On Monday, the two lawmakers sent dueling statements about a phone call between the pair set up by Boebert after she apologized last week to "to anyone in the Muslim community I offended," when similar comments surfaced on social media.
The video of Boebert's anti-Muslim comments, made in New York at a September Staten Island Conservative Party dinner, were posted on Facebook that month by an attendee. Rep. Boebert suggested Rep. Ilhan Omar was terrorist in anti-Muslim remarks at event "One of my I staffers, on his first day with me, got into an elevator in the Capitol. And in that elevator, we were joined by Ilhan Omar," Boebert told the crowd in September. "It was just us three in there and I looked over and I said, well, lookey there, it's the Jihad Squad. "She doesn't have a backpack, she wasn't dropping it and running so we're good," Boebert adds, through laughter and applause from the crowd. At the September event, Boebert also disparaged Democratic Rep. Rashida Tlaib of Minnesota, another Muslim member of Congress. "Ilhan Omar and Rashida Tlaib. These are just black-hearted evil women," Boebert said.
Yesterday, Boebert and Omar spoke on the phone. "I have reflected on my previous remarks, now as a strong Christian woman who values faith deeply I never want anything I say to offend someone's religion," Boebert said in a video posted to Instagram. Boebert said Omar asked her to publicly apologize which she would not do and instead challenged Omar to issue an apology of her own for some of the comments she has made in the past.
After the call, Omar appeared with Reps. Andre Carson and Rashida Tlaib, the two other Muslim members of the House, calling on Republican leadership to condemn Boebert for her conduct. During the press conference, Omar shared a graphic voicemail she says she received hours after her phone call with Boebert:
"We see you Muslim sand [n-word] b****. We know what you're up to. You're all about taking over our country. Don't worry, there's plenty that will love the opportunity to take you off the face of this f****** Earth. Come get it, b****, you f****** Muslim piece of s***. You jihadist. We know what you are. You're a f****** traitor. You will not live much longer," a male voice is heard saying. The message goes on to talk about "we the people" "rising up" and Omar appearing before a military tribunal.
Representative Omar released the following statement about the controversy.
The International Organization for Migration (IOM) today launched its flagship World Migration Report 2022 which reveals a dramatic increase in internal displacement due to disasters, conflict and violence at a time when global mobility ground to a halt due to COVID-19 travel restrictions.
"We are witnessing a paradox not seen before in human history,” said IOM's Director General António Vitorino. “While billions of people have been effectively grounded by COVID-19, tens of millions of others have been displaced within their own countries.”
The number of air passengers globally dropped 60 per cent in 2020 to 1.8 billion (down from 4.5 billion in 2019) while at the same time internal displacement due to disaster, conflict and violence rose to 40.5 million (up from 31.5 million in 2019).
The report draws upon the latest data from around the world to explain key migration trends as well as issues that are emerging on the migration policy horizon.
The report can be downloaded here.
Tuesday, November 30, 2021
Today the Southern Poverty Law Center launched “The Unwelcome,” the fifth episode from season three of its latest Sounds Like Hate podcast series. The episode looks at migrant mistreatment and deaths; humanitarians fighting for better conditions for migrants; and extremist activity on the U.S. southern border.
Here is a description of the episode:
"In Part I of `The Unwelcome,' we’re on the southern border in Arizona, where armed militia groups stalk migrants traversing harsh desert conditions. In some cases, militia members arm themselves with guns, scopes and motion activated video cameras seek to capture migrants and destroy their water sources, putting migrants’ lives at an even steeper risk. These militias have even harassed humanitarian organizations who help migrants, claiming their activities are patriotic. Despite decades of Civil Rights triumphs, migrants seeking refuge in the U.S. are subjected to torment by these militias without the same protections under the law that U.S. citizens are afforded. "
The Biden administration's proposed rule to reinforce the Deferred Action for Childhood Arrivals, or DACA, program has attracted more than 15,000 responses ahead of the deadline for public comments, with many calling for broader changes than the regulations set out [Updated count on November 30, 2021]. Comments can be viewed here; they were due November 29, 2021.
The Administrative Conference of the United States (ACUS) will host two panels on expanding access to regulatory agencies.
November 29, is the final panel in the ACUS Forum on Underserved Communities and the Regulatory Process. Sidney Shapiro will moderate a panel, Expanding on Efforts to Engage with Underserved Communities, featuring J. Latrice Hill (Farm Service Agency), Amit Narang (Public Citizen), and Viviana Westbrook (Catholic Legal Immigration Network). The panel takes place 3:30 – 4:30 pm ET.
Panelists will examine ways agencies can ensure that they incorporate the perspectives of underserved communities, that members of underserved communities feel confident their perspectives are meaningfully considered, and that initial community-engagement efforts function as building blocks for more durable relationships and regular engagement. Register here to attend.
A related forum, Enhancing Public Input in Agency Rulemaking, takes place this Wednesday, December 1, from 1 – 4 pm ET. Through two panels and additional remarks, leading experts will consider what types of public input are most valuable to agencies and how agencies can structure the rulemaking process to receive that input. Panelists will examine best practices under the notice-and-comment process and possible reforms that would enhance the value of public input.