Monday, June 27, 2022

New OIG Report: Limited-Scope Inspection and Review of Video Teleconference Use for Immigration Hearings

OIGThe Office of the Inspector General of the U.S. Department of Justice issued a new report this month, Limited-Scope Inspection and Review of Video Teleconference Use for Immigration Hearings. The report, which is available here, evaluates the use of videoconferencing in EOIR's "tent courts" in Brownsville and Laredo, Texas. These "tent courts," which operated in an expanse of inter-connected tents and shipping containers, rely exclusively on televideo to adjudicate the cases of noncitizens seeking asylum in the MPP program, also commonly known as "Remain in Mexico."

The OIG makes a number of recommendations for improving video hearings, including improved training, guidance, interpretation, and technical capacity. Among other findings, the report concludes:

"[B]ased on our observations and discussions with hearing participants, we believe that it was potentially difficult at times for respondents at the IHF to follow the hearing process and clearly differentiate the distinct roles of certain participants—particularly the immigration judge as neutral adjudicator versus the DHS trial attorney litigating the removal—due in part to the positioning of the participants on the video monitor. We identified several areas with potential to improve the quality and efficiency of virtual immigration hearings. For example, the majority of immigration judges, attorneys, and interpreters we interviewed who expressed an opinion on the subject believed simultaneous interpretation to be preferable and more efficient than consecutive interpretation, though EOIR is currently limited in its ability to provide simultaneous interpretation for remote hearings. In addition, we identified areas where additional training or information technology resources may be necessary to adequately support EOIR’s expanding use of remote hearings. Further, we found that EOIR must continue efforts to improve its processing of the volume of paper documents that may be filed for immigration cases, particularly those involving MPP respondents. Lastly, we found that EOIR must ensure both that respondents have adequate access to information on their rights in the immigration process and that it is meeting requirements for transparency and public access for immigration hearings, including those conducted virtually.

IE

June 27, 2022 in Data and Research | Permalink | Comments (0)

A New Conspiracy Theory: "Ghost flights" are the latest GOP effort to weaponize immigration ahead of midterms

 

Joel Rose for NPR report that "Republicans accuse the Biden administration of organizing secret flights, carrying migrants from the border to communities across the country, that critics have branded `ghost flights.'"  He concludes that this claim is not true:  

"When children and teenagers from Central America cross the border alone, the federal government is required by law to care for them until they're reunited with a sponsor, often a parent or relative, or placed in a network of special shelters around the U.S.

To do that, federal officials sometimes fly those children on charter planes from the border to other parts of the country. For years, this was widely seen as normal, even routine.

Until it wasn't."

As the midterm elections approach, Republican lawmakers across the country have sounded the alarm about "ghost flights" filled with migrant children.  Stories about "ghost flights" for months have been regular fare on Fox News and other conservative outletsFlorida Governor Ron DeSantis, who recently signed into law a tough Florida immigration enforcement law, said at a press conference last week that "It's just in the middle of the night. And then you'll wake up and someone will say, 'they brought a bunch of unaccompanied minors.'"

U.S. government federal officials insist that the flights in question happened exactly the same way during previous administrations, including under former President Trump.

 

 

KJ

June 27, 2022 in Current Affairs | Permalink | Comments (0)

Biden Immigration Enforcement Priorities Put on Hold

Miriam Jordan for the New York Times reports that, over the weekend, the Biden administration policy suspended a policy prioritizing the apprehension of undocumented immigrants who are considered a threat to public safety and national security.   Earlier this month, federal judge DrewTipton, an appointee of President Donald J. Trump, blocked from going into effect the Department of Homeland Security policy. Judge Tipton sided with Texas and Louisiana, which claimed that the policy prevents U.S. immigration authorities from enforcing the law.  “While the department strongly disagrees with the Southern District of Texas’ court decision to vacate the guidelines, D.H.S. will abide by the court’s order as it continues to appeal it,” the department said in a statement.

Jordan writes that District Judge Tipton wrote that "[t]he judge had stayed his ruling to allow the government to pursue an emergency appeal. But the stay expired on Friday, and the U.S. Court of Appeals for the Fifth Circuit had not yet issued a ruling, leaving Judge Tipton’s order to take effect."

KJ

June 27, 2022 in Current Affairs | Permalink | Comments (0)

Sunday, June 26, 2022

Immigration judges in Louisiana denied 88% of the asylum cases between 2016 and 2021

As TRAC Immigration data shows, asylum grant rates vary widely among the nation's immigration courts.  This report details how

"immigration judges in Louisiana have denied asylum claims at a higher rate than almost any other courts in the nation over the past five years, according to federal data. . . . Between 2016 and 2021, the 15 immigration judges in New Orleans, Oakdale, and Jena denied 4,119 of the 4,632 claims they heard, marking an 88.36% denial rate statewide, according to an Acadiana Advocate analysis of data from Transactional Record Access Clearinghouse.

In comparison, an average of 67.6% of asylum cases were denied nationwide during the same period."

Louisiana has immigrant detention centers, including in Oakdale, Louisiana.

KJ

 

June 26, 2022 in Current Affairs | Permalink | Comments (0)

Increasing Numbers of Nicaraguan Migrants to the United States

Bernd Debusmann Jr. for the BBC tells about the increasing number of migrants fleeing Nicaragua:

"The stories shared by Nicaraguans at [a] shelter [at the U.S./Mexico border] have two common themes: a struggling economy and fear of the government of Daniel Ortega, the leader of Nicaragua's 1979 Sandinista revolution who earlier this year was sworn into a fourth consecutive term as President.

Affectionately known as Comandante Daniel to his supporters, Mr Ortega has long been accused of abandoning the revolution's ideals by turning into a dictator, harshly suppressing any opposition.

These crackdowns have become more pronounced since Mr Ortega was returned to office in November, in an election that saw opposition candidates arrested or exiled alongside prominent regime critics, journalists, business leaders, human rights advocates and students."

For the last year or so, there have been reports (and here), including the United Nations, of Nicaraguans leaving the country because of deteriorating political and economic conditions.  Removals of Nicaraguans from the United States as well.  Many Nicaraguans have been returned to Mexico under the Migrant Protection Protocols.

 

KJ

 

Since then, the clampdowns have continued and escalated, with the UN's human rights chief warning that new criminal legislations are being used to persecute perceived opponents of the Ortega government.

June 26, 2022 in Current Affairs | Permalink | Comments (0)

Saturday, June 25, 2022

She went from undocumented immigrant to Syracuse University's first Asian-American history professor

Junko-takeda

It is a good time for an upbeat story.   Professor Junko Takeda recently became the first Asian-American and woman of color to be promoted to full professor in the history department at Syracuse University.  A first generation college student, she once was undocumented.  Professor Takeda today is an established scholar in the field of early modern French history.

"Takeda was born to a Japanese mother and a Korean father in Japan. Her parents came to the United States with student visas in 1979 when she was three years old. They were both daycare providers and looked for a better life and more opportunities for their daughter. After their student visas expired and their employers declined to help them obtain H1 visas, they remained here, undocumented, under a looming specter of deportation."

KJ

June 25, 2022 in Current Affairs | Permalink | Comments (1)

The Overruling of Roe v. Wade and Immigrants

 


​

 

For the last 24 hours -- and probably for the indefinite future, the Supreme Court's overruling of Roe v. Wade dominated the news cycle.  My new UC Davis colleague, Mary Ziegler, a legal historian, has been a "go to" commentator on the decision for news outlets across the country.   Immigrant women -- especially poor ones (and here) including many immigrant women of color -- in the United States, of course, will be affected by the Court's decision. 

It will take some time to see the full impacts of the Supreme Court's decision in the Dobbs v. Jackson Women’s Health.  Many questions will arise about the breadth of the decision.  Will, for example, the federal government continue to provide access to abortions for immigrant women in detention?  Access to an abortion by a detained immigrant teen was the subject of litigation a few years ago.  Justice Brett Kavanaugh as a court of appeals judge was involved in that case. 

Some women may feel it necessary to cross the border to Mexico for an abortion.  Can a state bar travel outside the state to access abortions?  

 

Stay tuned.

KJ

June 25, 2022 in Current Affairs | Permalink | Comments (0)

Wajahat Ali on growing up as an immigrant in America

Book

Cover of Wajahat Ali Book

Wisconsin Public Radio interviews author and columnist Wajahat Ali talks about his book Go Back to Where You Came From.  Although critical of the contemporary racial terrain of the United States, Ali is optimistic about the future.  That outlook is much-needed in these challenging times.

KJ

June 25, 2022 in Books, Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Impact of Forensic Medical Evaluations on Immigration Relief Grant Rates and Correlates of Outcomes in the United States

Impact of Forensic Medical Evaluations on Immigration Relief Grant Rates and Correlates of Outcomes in the United States, Journal of Forensic and Legal Medicine, 2021.  The authors:

HOLLY G. ATKINSON, City University of New York (CUNY) - School of Medicine
KATARZYNA WYKA, City University of New York (CUNY) - Center for Systems and Community Design
KATHRYN HAMPTON, Physicians for Human Rights
CHRISTIAN L. SENO, CUNY School of Law
ELIZABETH T. YIM, City University of New York (CUNY) - School of Medicine
DEBORAH OTTENHEIMER, Gotham Health
NERMEEN ARASTU, CUNY School of Law

Abstract

The purpose of this study was to investigate the impact of forensic medical evaluations on grant rates for applicants seeking immigration relief in the United States (U.S.) and to identify significant correlates of grant success. We conducted a retrospective analysis of 2584 cases initiated by Physicians for Human Rights between 2008 and 2018 that included forensic medical evaluations, and found that 81.6% of applicants for various forms of immigration relief were granted relief, as compared to the national asylum grant rate of 42.4%. Among the study’s cohort, the majority (73.7%) of positive outcomes were grants of asylum. A multivariable regression analysis revealed that age, continent of origin, history of sexual or gender-based violence, gang violence, LGB sexual orientation, and being detained by the U.S. government at the time of evaluation request were statistically associated with case outcomes. Forensic physical evaluation was more strongly associated with a positive outcome than forensic psychological evaluation. Our findings strengthen and expand prior evidence that forensic medical evaluations can have a substantial positive impact on an applicant’s immigration relief claim. Given the growing applicant pool in the U.S., there is an urgent need for more trained clinicians to conduct forensic medical evaluations as well as to educate adjudicators, immigration lawyers, and policy makers about the traumatic nature of the life-altering events that applicants for immigration relief experience.

KJ

June 25, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Friday, June 24, 2022

Now Streaming: Gordita Chronicles: A Coming of Age Sitcom with a Dominican Immigrant Flavor

 

Robert Lloyd of the Los Angeles Times proclaims that "'Gordita Chronicles' is the sitcom of the summer."  The immigration-themed premise is simple; as summarized on IMDb, "[a] Latina reporter looking back on her childhood as a chubby, willful and reluctant Dominican immigrant growing up with her eccentric family in 1980s Miami."   

The HBO Max series premiered yesterday and stars Olivia Gonclaves, Juan Javier Cardenas, Diana Maria Riva, and Savannah Nicole Ruiz. Zoe Saldana and Eva Longoria are behind the project. Shadow and Act spoke with the cast, as well as Saldana and Longoria.

Here is a review in the Hollywood Reporter.

I watched the first episode and likely will watch the rest of the series.  The show is upbeat and light and offers a glimpse at the immigrant experience.  Think a Dominican immigrant version of The Wonder Years or less complicated Jane the Virgin.

 

 



 

KJ  

June 24, 2022 in Current Affairs, Film & Television | Permalink | Comments (0)

Immigration Article of the Day: Immigration and the Economic Freedom of Natives by Ilya Somin

Somin

Immigration and the Economic Freedom of Natives  by Ilya Somin, Public Affairs Quarterly (Symposium on “The Moral, Empirical, and Constitutional Foundations of Immigration Law and Policy”) Forthcoming

Abstract

Much of the debate over the justice of immigration restrictions properly focuses on their impact on would-be migrants. For their part, restrictionists often focus on the potentially harmful effects of immigration on residents of receiving countries. This article cuts across this longstanding debate by focusing on ways in which immigration restrictions inflict harm on natives, specifically by undermining their economic liberty. The idea that such effects exist is far from a new one. But this article examines them in greater detail, and illustrates their truly massive scale. It covers both the libertarian “negative” view of economic freedom, and the more “positive” version advanced by left-liberal political theorists.

Part I focuses on libertarian approaches to economic freedom. It shows that migration restrictions severely restrict the negative economic liberty of natives, probably more than any other government policy enacted by liberal democracies. That is true both on libertarian views that value such freedom for its own sake, and those that assign value to it for more instrumental reasons, such as promoting human autonomy and enabling individuals to realize their personal goals and projects.

In Part II, I take up left-liberal “positive” theories of economic freedom, which primarily focus on enhancing individuals’ access to important goods and services, and enabling them to have the resources necessary to live an autonomous life. Some also focus on expanding human capacities generally, or give special emphasis to enhancing the economic prospects of the poor. Here too, migration restrictions impose severe costs on natives. To the extent migration can sometimes harm the economic prospects of natives, the issue is better dealt with by “keyhole solutions” that address specific problems by means other than restricting migration.

Finally, Part III describes how to address situations where potentially harmful side effects of migration might undermine either negative or positive economic liberty of natives, without actually restricting migration. I have addressed such issues in greater detail in previous work, and here provide only a short summary of my approach and its relevance for economic liberty issues.

KJ

June 24, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Thursday, June 23, 2022

Clerk Who Recognized Same Sex Marriage for Citizenship Dies

This week marked the passing of Clela Rorex, a clerk from Boulder County, Colorado who in 1975 issued a marriage license to a gay couple decades before the movement took root. The Colorado Governor, Jared Polis, and national media have described her legacy for the LGBT community, which is fitting during Pride Month. Governor Polis said in the NY Times article:

“So many families, including First Gentleman Marlon Reis and I, are grateful for the visionary leadership of Clela Rorex.”

Less attention has been paid to Rorex's role in extending a key benefit of marriage: citizenship acquisition for spouses. Those who teach immigration law today may consider the case law straightforward. But until same sex marriage became federally recognized in United States v. Windsor  (2013), it was not settled that a gay citizen could pass on citizenship to his partner. Shortly after Windsor was announced, Janet Napolitano on behalf of the Department of Homeland Security directed the U.S. Citizenship and Immigration Services to "review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

Although perhaps taught as a historical background in the case book, Adams v. Howerton has long been the lead case on marriage in immigration law. It was the first U.S. lawsuit to seek recognition of a same-sex marriage by the federal government, and it initially failed: the case stands for the proposition that the term "spouse" refers to an opposite-sex partner for the purposes of immigration law. 

Mr. Adams was born in the Philippines. His family moved to the United States when he was 12, and he grew up in Minnesota. Adams became a naturalized U.S. citizen in 1968 and was living in Los Angeles, California when he met Anthony Corbett "Tony" Sullivan, an Australian citizen who was visiting the U.S. on a tourist visa. They were one of six gay couples granted marriage licenses by Ms. Rorex in Boulder, Colorado on April 21, 1975. On the basis of the marriage, Mr. Adams applied to the Immigration Naturalization Service for Mr. Sullivan's citizenship as an immediate relative, but he was denied. The denial letter stated that "[Adams and Sullivan] have failed to establish that a bona fide marital relationship can exist between two faggots." A revised letter was later sent, explaining that "[a] marriage between two males is invalid for immigration purposes and cannot be considered a bona fide marital relationship since neither party to the marriage can perform the female functions in marriage.

After losing Sullivan's appeal of his deportation order in 1985 and being denied Adams' request for residency by Australia, in 1985 the couple traveled in Europe for a year. Afterward, they returned to the U.S., lived in Los Angeles, and avoided high-profile activism that might attract the attention of immigration authorities. Adams worked for a law firm as an administrator until his retirement in 2010. After retirement, Adams and Sullivan made some appearances at events supporting same-sex marriage. Adams died at his Los Angeles home on December 17, 2012.

Sullivan survived him and, on April 21, 2014, on their 39th wedding anniversary, Sullivan filed a motion with the Los Angeles Field Office of U.S. Citizenship and Immigration Services (USCIS) to reopen and reconsider his late husband's petition for a marriage-based green card which that office had denied. On January 5, 2014, the USCIS approved Adams' immigrant visa petition filed in 1975 on behalf of his husband. Sullivan received his green card in April 2016.

Limited Partnership, a documentary telling the couple's story, was released by Tesseract Films in 2014 and makes for a compelling immigration class!

MHC

June 23, 2022 in Current Affairs, Film & Television, Teaching Resources | Permalink | Comments (0)

Systemic Racism in the U.S. Immigration Laws

In 1998, the Indiana Law Journal published my analysis of race and the U.S. immigration laws.  The Journal just published my latest article on the topic.  (A teaser for the article can be found here.).  The article is based on, and inspired by, my remarks in April 2021 at the Jerome Hall Lecture at Indiana University Maurer School of Law
 

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court in an extraordinary decision that jars modern racial sensibilities declared that Congress possessed “plenary power”—absolute authority—over immigration and that racist immigration laws were immune from judicial review of their constitutionality.

The bedrock of U.S. immigration jurisprudence for more than a century and never overruled by the Supreme Court, the plenary power doctrine permits the treatment of immigrants in racially discriminatory ways consistent with the era of Jim Crow but completely at odds with modern constitutional law. The doctrine enabled President Trump, a fierce advocate of tough-as-nails immigration measures, to pursue the most extreme immigration program of any modern president, with
devastating impacts on noncitizens of color.

As the nation attempts to grapple with the Trump administration’s brutal treatment of immigrants, it is an especially opportune historical moment to reconsider the plenary power doctrine. Ultimately, the commitment to remove systemic racism from the nation’s social fabric requires the dismantling of the doctrine and meaningful constitutional review of the immigration laws. That, in turn, would open the possibilities to the removal of systemic racial injustice from
immigration law and policy.

KJ

June 23, 2022 in Current Affairs, Immigration Law Clinics | Permalink | Comments (0)

Chicagoland Refugees

Monday was World Refugee Day. Up in Chicago, the local news interviewed many (including immprof Rev. Craig B. Mousin) about how the area is responding to refugees from around the globe.

Here's a good youtube snippet:

You can find more indepth commentary from Mousin at this link.

-KitJ

June 23, 2022 in Current Affairs | Permalink | Comments (0)

Symposium on Dred Scott and Asian Americans

Ls_chin_jack

Professor Jack Chin has an article that ImmigrationProf blog readers may find of interest. Published with several commentaries (including one by me) by the University of Pennsylvania Journal of Constitutional Law, the article is entitled "Dred Scott and Asian Americans."  Read Full Article

Here is the abstract of the article:

"Chief Justice Taney’s 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry “had no rights which the white man was bound to respect.”  For all of the interest in and attention to Dred Scott, however, no scholar has previously analyzed United States v. Dow, an 1840 decision of Chief Justice Taney in a circuit court trial which is apparently the first federal decision to articulate a broad theoretical basis for white supremacy.  Dow identified whites as the “master” race, and the opinion explained that only those of European origin were either welcomed or allowed to be members of the political community in the American colonies.  Non-whites such as members of Dow’s race, Taney explained, could be reduced to slavery, and therefore their rights continued to be subject to absolute legislative discretion.  Dow, however, was not a person of African descent—he was Malay, from the Philippines.  Chief Justice Taney’s employment in Dow of legal reasoning which he would later apply in Dred Scott suggests that Dred Scott should be regarded as pertinent to all people of color, not only African Americans.  This understanding of Dred Scott helps explain the revival of Taney’s reputation during the Jim Crow era after Reconstruction.  Courts declined to invalidate restrictions with respect to a broad range of civil rights on citizens and immigrants of African, Indian, Asian, and Mexican ancestry to which whites were not subject.  Indeed, whites could not be subject to them, unless it is conceivable that under the U.S. Constitution, the law could provide, for example, that all races would be ineligible to testify or vote because of their race.  Accordingly, even after Reconstruction—just as Dred Scott and Dow contemplated—the white race remained the master race, in the sense that members of that race were the exclusive holders of truly inalienable rights."

Jack's article and the symposium contributions are well worth reading.  As the title of my contribution suggests ("Dred Scott and Asian Americans: Was Chief Justice Taney the First Critical Race Theorist?"), I had fun commenting on Jack's insightful article.

KJ

June 23, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Immigration Reform Appears DOA in Congress

 

 

Earlier this year, there was talk about a bipartisan immigration reform proposal in Congress.  This Fox News headline suggests that one should not hold her breadth:  "Cornyn's office denies bipartisan immigration bill in the works amid conservative uproar"

HuffPost reporter Igor Bobic tweeted that Senator John Cornyn (R-Texas) told California Senator Alex Padilla (D-California): "First guns, now it’s immigration." 

Senator Cornyn’s reported comments drew swift backlash from the right, many of whom were already angered by his support for the gun legislation.  Cornyn has previously backed bipartisan immigration efforts, including a border security bill. He has also backed a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients.

Ohio Republican Senate candidate J.D. Vance said on Fox News’ "Ingraham Angle" that it would be "catastrophic" for the Republican Party to "advance amnesty."

KJ

June 23, 2022 in Current Affairs | Permalink | Comments (0)

"Documented Dreamers": The children of employment-based visa holders often have to scramble to find ways to legally remain in the country they call home

Teresa Mathew in the New Yorker offers stories focusing on the dependents of H1-B visa holders showing that "[t]he children of employment-based visa holders often have to scramble to find ways to legally remain in the country they call home." Mathew writes:

"the children of employment-based visa holders often have to scramble to find ways to legally remain in the country they call home. And, even with a visa, they are locked out of many of the advantages granted to U.S. citizens and permanent residents. Because of visa strictures, some children are from families in which only one parent is allowed to work. Once in college, they are usually ineligible for either in-state tuition or federal financial aid, and required to pay the fees of an international student. David Bier, an associate director of immigration studies at the Cato Institute, estimates that there are more than a quarter of a million young adults who are caught in [this] tangled visa web . . . . Many of these young adults call themselves Documented Dreamers or Visa Dreamers, and see a clear connection between their situation and that of Dreamers: the term often used to describe undocumented minors seeking legal residency in the U.S. "

KJ 

June 23, 2022 | Permalink | Comments (0)

Immigration Article of the Day: Opening the Pandemic Portal to Re-Imagine Paid Sick Leave for Immigrant Workers by Shefali Milczarek-Desai

Smd

Opening the Pandemic Portal to Re-Imagine Paid Sick Leave for Immigrant Workers by Shefali Milczarek-Desai, 111 Calif. L. Rev. __ (forthcoming 2023)

ABSTRACT

The Covid-19 pandemic has spotlighted the crisis low wage immigrant and migrant (“im/migrant”) workers face when caught between the century-long collision between immigration enforcement and workers' rights. Im/migrant workers toil in key industries from health care to food production that are now associated with laudable buzzwords such as “frontline” and “essential” but that conceal jobs that pay little, are dangerous to health and safety, and have high rates of legal violations. Im/migrant workers, however, are unlikely to benefit from employment and labor law protections, including paid sick leave. This has proven deadly during the pandemic. When im/migrants show up to work ill, they endanger not only themselves but risk transmission to co-workers, customers, patients, and the public at large. This has been starkly illustrated in nursing homes, which are heavily reliant on im/migrant labor and have been the locus of nearly one-third of all coronavirus deaths. The pandemic presents an opportunity to analyze why and how existing paid sick leave laws fail im/migrant workers. It also is a portal to re-imagine paid sick time in a way that will benefit im/migrant workers and by extension a nation facing labor shortages and high worker turnover as demand for goods and services rises.

This article is the first to scrutinize paid sick leave laws through the lenses of critical race, movement, and health law theories. It argues that existing paid sick leave laws fail im/migrant workers because they ignore these workers’ social and economic situations and singularly focus on workers’ rights rather than collective well-being. Drawing from critical race, movement, and health law frameworks, this article situates paid sick leave within a public health matrix based on mutual aid. It argues that when paid sick leave laws are drafted and enforced in a manner that is informed by workers’ lived experiences and contextualized within a broader public health conversation, employment and labor protections can better safeguard im/migrant workers and the health and safety of the entire nation while reducing the tensions between immigration enforcement and workers’ rights.

KJ

June 23, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Wednesday, June 22, 2022

More Young Africans Consider Emigration

Yesterday, I was reading Understanding Immigration Law (as one does on a Tuesday morning) and I was particularly struck by this quote from sociologist Rubén G. Rumbaut (U.C. Irvine) at the start of the book: "in a world of 6.5 billion people, 98 percent are 'stayers,' living in the country of their birth..." Now this quote dates to 2005, I don't know if Rumbaut would make the same pronouncement today, but it's an absolutely fascinating perspective.

Rumbaut's quote was lingering in the back of my mind when I (re)read this recent BBC article regarding the mobility of African youth. The article begins with this payoff statement:

A new survey of more than 4,500 young people in Africa, aged 18-24, has found that 52% of them are likely to consider emigrating in the next few years, citing economic hardship and education opportunities as the top reasons.

52%! That's really high.

The BBC goes on to interview 5 young Africans in depth to discuss their particular feelings about emigrating. Their statements covered everything from the kidnapping and ransom crisis in Nigeria (I didn't know about that!) to lack of job opportunities.

Here are some interesting quotes from two interviewees considering leaving their countries:

  • 18-year-old Ayoade Oni from Nigeria: "90% if not all of" [his friend want to leave Nigeria].
  • Mapula Maake, 23, from South Africa: "Migration might be the only solution to this rather saturated job market."
  • Ivor Ichikowitz (survey designer): "This group of people, 18 to 24 year olds in Africa, are saying: 'We are going to improve our lives, even if it means having to up and leave and go somewhere else.'"

Here are some interesting quotes from two interviewees looking to stay:

  • 24-year-old Julius Kwame Anthony, the former head of the National Union of Ghana Students: "Relocating abroad may look rosy but nothing is really promised out there."
  • 33-year-old Ghanian businessman Ernest Larmie: "This is home, if I'm able to solve the problems here, when the next generation comes, they can also benefit ," he says, questioning the logic behind moving abroad, just to help another country develop at the expense of your own.

-KitJ

June 22, 2022 in Current Affairs | Permalink | Comments (0)

Reuters: "3 migrants kidnapped after being enrolled in revamped "Remain in Mexico”

 and  for Reuters ("3 migrants kidnapped after being enrolled in revamped `Remain in Mexico:'”) report that
 
 
"Three asylum seekers were kidnapped in April [2022] while in a U.S. migration program that had placed them in the care of Mexican officials in the city of Nuevo Laredo, across the border from Texas, one of the victims and the U.N. migration agency said.
 
 
The kidnapping, reported here for the first time, happened in spite of measures the Biden administration says improved the safety of the program, known as the Migrant Protection Protocols (MPP), which requires asylum seekers to wait in Mexico for their U.S. immigration court hearings."
 
 
The report details the kidnappings.
 
 
The Biden administration has sought to end the MPP and the case challenging the end of the policy is before the Supreme Court in Biden v. Texas.  The Court should issue a ruling in that case by the end of June.
 
 
KJ

June 22, 2022 in Current Affairs | Permalink | Comments (0)