Thursday, August 11, 2022

Make The Road relaunches deportation defense manual

Deportation-defense-cover-250x326

Make The Road relaunches deportation defense manual

The guide addresses immigrants’ rights when dealing with ICE, steps to take when supporting a loved one after an ICE raid, and more. Read more and download in Spanish and English share

KJ

August 11, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Refugees Under Duress: International Law and the Serious Nonpolitical Crime Bar by David Baluarte

Refugees Under Duress: International Law and the Serious Nonpolitical Crime Bar by David Baluarte,
9 Belmont Law Review 2 (2022)

Abstract

Kevin Euceda was forcibly recruited by the MS-13 gang when he was just thirteen years old. Kevin was destitute after being abandoned by his parents in San Pedro Sula, Honduras, and the gang commandeered his house as a base of operations and compelled his participation in gang activities. Over the years, Kevin was forced into minor roles in the gang’s criminal enterprise, and on a couple of occasions was obligated to engage in violence. These violent acts haunted Kevin and left him severely traumatized. Kevin endured life under the thumb of the violent gang until he was seventeen, when he seized a rare chance to escape. He fled Honduras, traversing dangerous migratory channels through Guatemala and Mexico to arrive in the United States, where he believed he could find protection. His trauma was evident when he arrived in the United States, leading immigration officers to medicate him, require counseling, and place him on suicide watch. Unbeknownst to Kevin at that time, an arduous legal battle awaited him that he would be forced to wage from detention centers throughout the United States because of his perceived dangerousness. While his legal case was strong in many respects, he ended up being unable to endure the cost of the fight, jailed like a criminal in immigration detention for the three years that his lawyers worked to secure protection in the United States. Over this period, a judge’s decision to award him asylum was reversed, and her orders to release Kevin from detention were twice blocked by the Department of Homeland Security (“DHS”). Kevin accepted deportation to Honduras as his only escape from detention while his case continued to languish in a seemingly endless process. He met an untimely death in an accident just months later.

KJ

August 11, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Wednesday, August 10, 2022

*New: Aug 19 deadline* Call For Papers--AALS 2023, New Voices in Immigration Law

There has been a modest extension of the deadline to this call for papers. Submissions now due Friday, August 19, 2022.

CALL FOR PAPERS
“New Voices in Immigration Law”
Association of American Law Schools · Section on Immigration Law
Wednesday, January 4 – Saturday, January 7, 2023 (session timing TBD) · San Diego, CA

Submission Deadline: August 19, 2022

The Section on Immigration Law of the Association of American Law Schools invites papers and works in progress for its “New Voices in Immigration Law” session at the 2023 AALS Annual Meeting which will take place in San Diego, CA January 4-7, 2023. This session has not yet been scheduled. We will send updated information when we have it.

This session will be structured as a works-in-progress discussion, rather than as a panel. Selected papers will be discussed in turn, with time for author comments, thoughts from a lead reader, and group discussion.

Submissions may address any aspect of immigration and citizenship law. We also welcome papers that explore these topics from alternative disciplines or perspectives.

Please note that individuals presenting at the program are responsible for their own annual meeting registration fee.

Submission Guidelines: The deadline for submissions is August 19, 2022. Feel free to submit an abstract, a précis, or a work-in-progress. Priority will be given to individuals who have never presented an immigration law paper at the AALS Annual Meeting, works not yet published or submitted for publication, and junior scholars.

Please email submissions in Microsoft Word format to profkitjohnson at gmail.com (Subject: AALS 2023: New Voices in Immigration Law). In your email, please indicate how you meet our selection priorities.

Inquiries: Please direct any questions or inquiries to Kit Johnson (profkitjohnson at gmail.com).

-KitJ

August 10, 2022 in Conferences and Call for Papers | Permalink | Comments (0)

*New: Aug 19 deadline* Call For Papers--AALS 2023, Racism in Immigration Regulation

There has been a modest extension of the deadline to this call for papers. Submissions now due Friday, August 19, 2022.

CALL FOR PAPERS
“Racism in Immigration Regulation”
Association of American Law Schools · Section on Immigration Law
January 4, 2023 – January 7, 2023 (session yet to be scheduled)
San Diego, California

Submission Deadline: August 19, 2022

The Section on Immigration Law of the Association of American Law Schools invites papers for presentation at a session during the 2023 AALS Annual Meeting in San Diego, California, which will take place January 4-7, 2023. The session day and time will be added to this post when available. Please note that individuals presenting at the program are responsible for their own Annual Meeting registration fee and travel expenses.

The AALS conference theme is “How Law Schools Can Make a Difference,” and the session theme is “Racism in Immigration Regulation.”

Scholars are engaging in long overdue and important conversations about racial justice in the United States. U.S. law and institutions, many have recognized, harbor systemic biases that result in profound racial inequalities. U.S. immigration law and policy are no exception. From the era of Chinese Exclusion to modern distinctions in the treatment of Central American, African, Haitian, and Ukrainian asylum seekers, race has proved to be an important factor in migrants’ access to and experience immigrating to the United States. This historical trajectory raises questions that can inform broader conversations about systemic racism: How should we approach a legal regime with explicitly racist foundations? How does the expressly exclusionary function of immigration regulation affect its application to different groups? What role does the discretion inherent in enforcement of immigration law play in its effect?

Submission Guidelines: The deadline for submissions is August 19, 2022. We welcome submissions at any stage of development, although preference may be given to more fully developed papers over abstracts and paper proposals. Priority also will be given to individuals who have not recently presented a paper at the AALS Annual Meeting. Decisions will be made by mid-September 2022.

Please email submissions in Microsoft Word format to nunezc@law.byu.edu with the subject “AALS Submission- Racism in Immigration Regulation.” In your email, please indicate whether you have previously presented your work at a AALS Annual Meeting, and, if so, when.

Inquiries: Please direct any questions or inquiries to Carolina Núñez (nunezc@law.byu.edu).

-KitJ

August 10, 2022 in Conferences and Call for Papers | Permalink | Comments (0)

Coming soon: Oxford Handbook of Comparative Immigration Law

The Oxford Handbook of Comparative Immigration Law is perhaps the first book-length treatment of the subject of comparative immigration law. The project will bring together some of the world’s leading immigration and comparative legal scholars to identify and analyze the key issues of comparative immigration law, further define the field, and catalyze further research. The handbook will provide scholars, students, and practitioners with a broader set of ways to think about immigration law and policy.

According to the Table of Contents, the volume will commence with a section on theoretical and conceptual frameworks for studying immigration comparatively, including viewing immigration as economics, law enforcement, foreign relations, racial control, and administrative law. The cross-cutting issues in inclusion include visa policies, refugee laws, family and employer-sponsored immigration, alienage, and integration. Exclusionary policies such as border security, deportation processes, detention, and statelessness are also included. Within each section, comparisons are made across a sweeping set of countries in the United States, to the UK and European Countries (France, Germany), to Israel and the Middle East, to China and East Asia, to Latin America, and to subsaharan Africa among others.  Authors hail from universities just as global in reach. 

The collection, edited by Kevin Cope (University of Virginia), Stella Burch Elias (University of Iowa), and Jill Goldenziel (Marine Corps University), is a collaborative project. Contributors will be workshopping their chapters this weekend at the University of Virginia Law School and preparing for publication in XXX.

 

August 10, 2022 | Permalink | Comments (0)

Coming soon: Oxford Handbook of Comparative Immigration Law

The Oxford Handbook of Comparative Immigration Law is perhaps the first book-length treatment of the subject of comparative immigration law. The project will bring together some of the world’s leading immigration and comparative legal scholars to identify and analyze the key issues of comparative immigration law, further define the field, and catalyze further research. The handbook will provide scholars, students, and practitioners with a broader set of ways to think about immigration law and policy.

According to the Table of Contents, the volume will commence with a section on theoretical and conceptual frameworks for studying immigration comparatively, including viewing immigration as economics, law enforcement, foreign relations, racial control, and administrative law. The cross-cutting issues in inclusion include visa policies, refugee laws, family and employer-sponsored immigration, alienage, and integration. Exclusionary policies such as border security, deportation processes, detention, and statelessness are also included. Within each section, comparisons are made across a sweeping set of countries in the United States, to the UK and European Countries (France, Germany), to Israel and the Middle East, to China and East Asia, to Latin America, and to subsaharan Africa among others.  Authors hail from universities just as global in reach. 

The collection, edited by Kevin Cope (University of Virginia), Stella Burch Elias (University of Iowa), and Jill Goldenziel (Marine Corps University), is a collaborative project. Contributors will be workshopping their chapters this weekend at the University of Virginia Law School and preparing for publication in XXX.

 

August 10, 2022 | Permalink | Comments (0)

Former ICE Chief: "Biden’s open borders betrayal"

 

As the midterm elections approach, we can expect more diatribes like that of Tom Homan, the former acting director of Immigration and Customs Enforcement under President Trump, on The Hill.  Although expressing the views of some Americans, the hyperbole and exaggeration (really "open borders") is beyond the pale of rational discourse.  His punch lines:

"Clearly, American security and sovereignty are being disastrously mishandled. Americans have been betrayed. And November elections can’t come soon enough.

We will secure our borders, enforce our laws, support our Border Patrol agents, hold Biden and complicit Democrats accountable, and expel with the full force of our dedicated law enforcement agencies those already unlawfully in our great country. It will save lives and protect America."

KJ

August 10, 2022 in Current Affairs | Permalink | Comments (0)

Democrats stand ground against GOP immigration amendments

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Caroline Simon for Roll Call reports that Democrats in the U.S. Senate stuck together in votes last weekend to stop immigration amendments to the budget reconciliation bill, avoiding Republican efforts to capitalize on divisions in the Democratic party.

Republicans failed to attract any Democratic votes on an amendment to extend the Title 42 order.  "That helped ensure the final package could win the support of progressive Democrats, who had sworn to vote it down if Republican `poison pill' immigration amendments were added during the hourslong `vote-a-rama' process over the weekend."

KJ

August 10, 2022 in Current Affairs | Permalink | Comments (0)

Gallup: U.S. Immigration Views Remain Mixed and Highly Partisan

News from Gallup.  Really the news confirms what many already knew.

A Gallup poll in July shows that

"The U.S. remains highly fractured over immigration policy, with 27% of Americans saying immigration should be increased, 31% preferring that it be kept at the current level and 38% wanting it decreased.

While today's attitudes are generally in line with the close division of views seen over the past several years, they mark a return to more Americans wanting immigration decreased rather than increased. That has been the norm throughout Gallup's history of polling on this since 1965. . . .

With a large majority of Republicans wanting immigration decreased, half of Democrats wanting it increased and independents somewhere in the middle, the country as a whole is sharply torn on the issue." (bold added).

KJ

August 10, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Law's Credibility Problem by Julia Ann Simon Kerr

Kerr

Law's Credibility Problem by Julia Ann Simon Kerr

Abstract

Credibility determinations often seal people’s fates. They can determine outcomes at trial; they frequently condition the provision of benefits, like social security; and they play an increasingly dispositive role in immigration proceedings. Yet there is, astonishingly enough, no stable definition of credibility in the law. Courts and agencies are all over the map—diverging at the most basic definitional level—in their use of the category.

Consider a real-world example. An immigration judge denies asylum despite the applicant’s plausible account of persecution in their country of origin. The applicant appeals, pointing to the fact that Congress, in the INA, enacted a “rebuttable presumption of credibility” for asylum-seekers “on appeal.” This presumption, the applicant argues, means that the Court of Appeals must credit his testimony and reverse the decision below.

Should the applicant win? Clearly, the answer depends on what “credibility” (and its presumption) entails. But the Supreme Court, confronting this exact question recently in Garland v. Dai, declined to provide an answer. Instead, it showcased the analytic confusion that surrounds credibility writ large. At oral argument, it canvassed four distinct ideas of credibility; and in the opinion, it offered a “definition” of credibility that managed to replicate, rather than resolve, the ambiguity among the four. Meanwhile, the everyday work of adjudication continues. Every year, thousands of cases are resolved on credibility grounds—many with life-altering consequences—despite the confusion at the heart of the legal concept.

The time has come for our legal system to clarify what it means by “credibility.” The answer may differ across contexts or include disparate definitions. But within any given adjudication—like an immigration proceeding—greater precision is a must. To that end, this essay explores different ideas of credibility, taking the Garland v. Dai argument and opinion as a source of (cautionary) inspiration. I explain (1) why credibility is necessarily distinct from truth, but also (2) that from there, the concept becomes more malleable. Is credibility a synonym for persuasiveness? Does it refer to the likelihood that someone is telling the truth in this case? To the likelihood that they generally tend to tell the truth? To whether they seem like they’re telling the truth? Ultimately, there is no ideal definition of credibility; it depends on what work the concept is trying to do. What is far from ideal, however, is the current state of affairs, in which credibility means everything and nothing—notwithstanding its role in shaping people’s lives.

KJ

August 10, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Tuesday, August 9, 2022

The State of Global Displacement and Refugee Advocacy: A Conversation with UN High Commissioner Filippo Grandi and Friends

 

The State of Global Displacement and Refugee Advocacy: A Conversation with UN High Commissioner Filippo Grandi and Friends

This year, the world marked a grim milestone: more than 100 million people worldwide have been forced to leave their homes due to conflict, violence, and other crises. What must advocates for the rights of displaced people do from here?

Eric P. Schwartz, in his final public event as president of Refugees International after five distinguished years of service, will host a wide-ranging conversation with UN High Commissioner for Refugees Filippo Grandi and Asylum Access CEO Sana Mustafa on the state of global displacement and resettlement, challenges and opportunities ahead, and the importance of refugee leadership in advocating for solutions to the world’s displacement crises. An audience Q&A will follow.

Wednesday, August 10
11:00 am to 12:00 pm ET

 
 

        Moderator

Eric Schwartz, President, Refugees International 

        Panelists

Filippo Grandi, UN High Commissioner for Refugees, UNHCR

Sana Mustafa, CEO, Asylum Access  

Cover Photo Caption: Ukrainian refugees are seen disembarked from a train that arrived from Ukraine to Przemysl train station in Poland. Photo by Attila Husejnow/SOPA Images/LightRocket via Getty Images.

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© 2022 Refugees International, all rights reserved.
1800 M St NW, Suite 405N
Washington, DC 20036
Phone: 202.828.0110 | Fax: 202.828.0819
www.refugeesinternational.org

         

KJ

August 9, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

DHS Announces End (Finally) to Remain in Mexico Policy

Despite the Supreme Court ruling allowing the Biden administration to dismantle the "Remain in Mexico" policy, returning asylum-seekers to Mexico while their asylum claims are being decided, the policy has remained in place, suggesting resistance to its end

The Department of Homeland Security announced yesterday that immigration officials have begun to phase out the Trump-era Migrant Protection Protocols (MPP) program reports Adolfo Flores for BuzzFeed News. 

DHS stopped enrolling new people in MPP and individuals currently in the program in Mexico will be disenrolled upon their next scheduled court date

The policy, which has forced thousands of migrants to wait in dangerous conditions in Mexico, "has endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure our border," noted DHS Secretary Alejandro Mayorkas. 

KJ

UPDATE (August 11): NPR's A Martinez talks to Aaron Reichlin-Melnick, policy director of the American Immigration Council, about the end of the policy that had asylum-seekers had waiting in Mexico for court hearings.

KJ

 

August 9, 2022 in Current Affairs | Permalink | Comments (0)

Event: UVA -- 33rd Sokol Colloquium on International Law: Comparative Immigration Law

Event: UVA -- 33rd Sokol Colloquium on International Law: Comparative Immigration Law

The Sokol Colloquium will convene more than 50 experts on immigration and comparative legal scholarship from around the world to discuss “The Oxford Handbook of Comparative Immigration Law.” The colloquium, featuring in-person and online events, includes authors of the forthcoming book, which is edited by UVA Law professor Kevin Cope, University of Iowa law professor Stella Burch and Marine Corps University professor Jill Goldenziel, who also moderate several panels.  Click the link above for details.

Thursday, Aug. 1, 9 a.m. PST

Links to Attend Online

KJ

August 9, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: The Suspension Clause after Department of Homeland Security v. Thuraissigiam  by Jonathan Hafetz

The Suspension Clause after Department of Homeland Security v. Thuraissigiam  by Jonathan Hafetz, St. John's Law Review , Vol. 95, No. 2, 2022

Abstract

This article examines the Supreme Court’s 2020 decision in Department of Homeland v. Thuraissigiam. In Thuraissigiam, the Court upheld Congress’s elimination of habeas corpus review over a challenge by an asylum seeker from Sri Lanka, who was seized by federal agents just inside the U.S.-Mexico border. The Court concluded that the Constitution’s Suspension Clause did not apply to the petitioner because the right he was seeking—to remain in the United States under the nation’s immigration laws—fell outside the historical core of the Suspension Clause, which was limited to challenging detention as such.

The article argues that the Supreme Court erred in several key respects, including by misreading the historical record and misconstruing its own precedents. The article also describes how Thuraissigiam, if read broadly, could limit future habeas review not only over the removal of immigrants seized in the United States, but also over other government restraints on liberty that do not seek continued detention as their purpose, from the extradition of criminal suspects to the transfer of military prisoners. While it injects new uncertainty into formerly settled areas of habeas jurisprudence, Thuraissigiam ultimately decided very little. The article explores several ways that—notwithstanding Thuraissigiam—courts can and should guarantee meaningful judicial review of detention in noncitizen cases and to ensure the Suspension Clause remains a meaningful limit on a variety of custodial restraints. Above all, the article explains why courts should view the Suspension Clause as protecting evolving understandings of habeas corpus rather than one frozen in time at the nation’s Founding to ensure that it remains capable of reaching a broad range of liberty deprivations.

KJ

August 9, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Monday, August 8, 2022

Safety net programs for immigrant families in California

August 8, 2022 | Permalink | Comments (0)

Online Event: Civic Participation and California Immigrants

In this free virtual program, we discuss the state of civic power for immigrants and DACA status holders in California – electoral and beyond – from California’s founding to current day. Join a panel of scholars and immigration experts to learn more about today’s policy landscape in California, its historical framework, and to consider what role California’s immigrant communities might play in the future of citizenship.

California is home to 183,000 DACA recipients and nearly 1 in 4 Californians is foreign born. What civic powers do DACA status holders have in California? How is voter access offered at the local, state and federal levels? On its tenth anniversary, what is the legacy of this landmark program?  Join us on Zoom on August 11 at 4pm for Civic Participation and California Immigrants. To register, use the link below.

Thursday, August 11

 4:00-5:00 pm PST

Register for the Online Event

Panel:  

Cynthia Buiza, Executive Director, California Immigrant Policy Center

Hiroshi Motomura, Professor, UCLA Law

Moderator: 

Sonja Diaz, Founding Executive Director, UCLA Latino Policy & Politics Institute

KJ

August 8, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

AALS New Books Seesion on Race and Constitutional Law [Webinar]

AALS Con Law bks

AALS Constitutional Law section will host a new books session featuring four fantastic authors - Dorothy Roberts, Kristin Hennings, Sheryll Cashin, and Derecka Purnell - on Wednesday August 17 at 4pm EST. Speaker bios and other details appear here

Register here:
https://us02web.zoom.us/meeting/register/tZIpceigrDorHdRlpR5yVgukb6pcyHwbhEJc

MHC (h/t Andrea Freeman)

August 8, 2022 in Books, Conferences and Call for Papers | Permalink | Comments (0)

More than a million could die waiting for green cards as U.S. immigration buckles amid COVID

The Los Angeles Times reports that more than a million people could die waiting for green cards as U.S. immigration buckles amid COVID.  Delays processing millions of visas applications, work permits, green cards and naturalization petitions, as well as cases languishing in immigration courts, are severe. Let us not forget the human costs.

KJ

August 8, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: 2020 American Community Survey: Use with Caution, An Analysis of the Undercount in the 2020 ACS Data Used to Derive Estimates of the Undocumented Population by Robert Warren

The Immigration Article of the Day is 2020 American Community Survey: Use with Caution, An Analysis o image from cmsny.orgf the Undercount in the 2020 ACS Data Used to Derive Estimates of the Undocumented Population by Robert Warren, just published in the Journal on Migration and International Security, and available here

Here is the abstract:

This paper analyzes and provides estimates of the undercount of the foreign-born in the US Census Bureau’s 2020 American Community Survey (ACS). It confirms that a differential undercount occurred in the 2020 ACS. In particular, noncitizens that arrived from Central American countries after 1981 had undercount rates of 15–25 percent, but undercount of noncitizens that arrived from European countries in the same period was not detectable by the methods described in this paper. The Center for Migration Studies of New York (CMS) and others use ACS data to derive annual estimates of the US undocumented population. The Census Bureau recently reported that the total population count for the 2020 Census was consistent with the count for recent censuses, despite the Covid-19 pandemic and the Trump administration’s interference in the 2020 Census. Nonetheless, the accuracy of 2020 ACS data for the noncitizen population that arrived after 1981 remains a major concern given the fear generated by the Trump administration’s abusive rhetoric and anti-immigrant policies. The estimates set forth in this paper were derived by analyzing trends in annual ACS data for 2016–2020 compiled from the IPUMS website (Ruggles et al. 2021). Decennial census data cannot be used for this purpose because data on country of birth, citizenship, and year of immigration are not collected in the census. However, it is reasonable to believe that the 2020 census and the 2020 ACS experienced similar challenges because they were conducted under comparable conditions. The patterns of undercount of noncitizens described here for the 2020 ACS are likely mirrored in the 2020 census and will reduce federal funding and representation to affected cities and states for the next decade.

IE

August 8, 2022 in Law Review Articles & Essays | Permalink | Comments (0)

ProBAR lawyer recalls immigration tent hearings in Texas

Despite a favorable Supreme Court ruling, the Biden administration has not ended President Trump's Remain in Mexico policy, forcing asylum seekers to return to Mexico while their claims are being decided.  Pedro Spivakovsky-Gonzalez for the ABA Journal offers a birds-eye view of the policy at work.   It is noy a pretty picture:

"It is tragic to meet with people who would seem to qualify for asylum but understandably lack detailed documentation of their claims, only to find out that they were ordered to be deported. Since the Supreme Court agrees that the Biden administration has the authority to end this policy, will immigration courts now also look more leniently upon motions to re-open or appeals filed by people who should have been given a full opportunity to present their claims in the first place? When exactly will the MPP policy end? How many people could be excluded from this policy before then? These and many other questions remain about `Remain in Mexico,' a policy, which despite the recent Supreme Court decision, continues with tragic consequences."

 

 

Spivakovsky-Gonzalez is a senior staff attorney with ABA ProBAR. He assists adult asylum-seekers who have been placed in the Migrant Protection Protocols policy in the tent courts in Brownsville, Texas, and takes on a range of immigration cases. 

KJ

 

August 8, 2022 in Current Affairs | Permalink | Comments (0)