Sunday, July 14, 2024

Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron

At the end of the Term, the Supreme Court overruled the Chevron doctrine.  Over the years, the courts often have relied on Chevron in deferring to the Board of Immigration Appeals.  The American Immigration Council concludes that

 The Council states that "[t]he Supreme Court threw out the Chevron deference, a decades-old judicial precedent which requires courts to defer to federal agencies’ interpretations of ambiguous laws. There are many fears that this could have devastating impacts on the environment, food safety, and consumer protections. But for immigration advocates, the decision presents a mixed bag – including some grounds for optimism."  

KJ

July 14, 2024 | Permalink | Comments (0)

Gallup Poll: More Americans Want to Reduce Immigration

Gallup recently released the results of a new poll finding that Sharply More Americans Want to Curb Immigration to U.S.

Interviewees were asked the following question: "Thinking now about immigrants -- that is, people who come from other countries to live here in the United States. In your view, should immigration be kept at its present level, increased or decreased?"

In response, 55% of those polled reported wanting to decrease immigration to the United States. That's a big increase from the 41% in favor of curbing migration one year ago. That said, 55% is not a record high -- those came in 1993 (65%), 1995 (65%), and 2001 (58%).

The poll data is worth diving into -- a variety of immigration-related questions were asked (e.g. thoughts on the border wall, deportation, asylum, pathways to citizenship) all of which Gallup breaks down by political party.

-KitJ

July 14, 2024 in Current Affairs | Permalink | Comments (0)

American Immigration Council: We’ve Tracked Over 700 Immigration Bills This Year. Here Are the Trends We’ve Seen.

From the American Immigration Council

As we reach the mid-year point in 2024, most states have concluded their legislative sessions. Once again, immigrant-related policies have taken center stage. This year, legislatures advancing harmful policies targeting immigrant communities have stolen the headlines, with numerous extreme proposals becoming law—but that’s not the whole story. Many states have also advanced welcoming policies that aim to help newcomers succeed and communities thrive.

KJ 

July 14, 2024 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Plenary Power: Teaching The Immigration Law Of The Territories by Cora Alonso-Yoder

Alt Text

Plenary Power: Teaching The Immigration Law Of The Territories by Cora Alonso-Yoder

Abstract

Immigration law dominates national headlines and policy debates while immigrant communities struggle to secure legal representation. Law students are increasingly aware of these issues, often bringing lived experiences of the immigration system into the classroom. As immigration law professors seek to engage these students with doctrinal and clinical coursework, they often struggle to incorporate policy priorities and executive actions that shift with the political winds. In this tumult, many immigration law professors fail to realize that there is an entire body of U.S. immigration law they are not teaching-the immigration law of the U.S. territories. Indeed, many professors may not know that two of the five territories are not even subject to U.S. immigration law. Yet, the operation of immigration law in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands offers a wealth of examples that reinforce existing themes and concepts in immigration law. This essay lays forward some of the central concepts taught in immigration legal doctrine and describes the immigration systems of the U.S. territories, including those that are exempt from federal immigration law. It then ties the legal principles at play in each system, including the central concept of the federal political branches' "plenary power" over the territories and noncitizens alike, to topics presently taught in immigration law coursework.

KJ

July 14, 2024 | Permalink | Comments (0)

Saturday, July 13, 2024

California heat has immigration activists bracing for a humanitarian crisis

Heat has gripped the nation and made almost all of us have been uncomfortable.  But imagine navigating the heat if you are a migrants trying to cross the U.S./Mexico border.  Janet Garsd for NPR takes a look at the human impacts of heat on migrants.

KJ

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

Immigration Article of the Day: Needles in Haystacks: Noncitizen Voting Violations in Minnesota by Virgil Wiebe

Virgil Wiebe Headshot

Needles in Haystacks: Noncitizen Voting Violations in Minnesota by Virgil Wiebe

Bottom Line Abstract

No one has credibly documented a significant problem with noncitizen voter registration or noncitizen voting in Minnesota. Federal and state criminal penalties, as well as severe immigration consequences, may play a role in deterring such activity.
 
KJ

July 13, 2024 in Current Affairs | Permalink | Comments (1)

Friday, July 12, 2024

CFP AALS 2025: New Voices in Immigration Law

Call for Works-in-Progress
AALS Section on Immigration Law
January 7-11, 2025, AALS Annual Meeting (San Francisco, CA)

The AALS Section on Immigration Law is pleased to announce a Works-in-Progress/New Voices session during the 2025 AALS Annual Meeting in San Francisco.

Submissions may address any aspect of immigration and citizenship law. Authors, regardless of length of time in academia or participation in prior immigration law conferences or programs, are encouraged to submit proposals for consideration. Please note that priority will be given to authors who have never presented an immigration law paper at the AALS Annual Meeting, junior scholars, and works that have not been published or submitted for publication. Any remaining slots will be assigned to authors or submissions outside of these priority categories.

Please note that the works-in-progress session will be structured as small-group discussion of each selected paper, rather than as a panel. Pre-selected commentators will provide commentary and lead discussion of each work-in-progress with the aim of helping authors strengthen their drafts for submission and publication.

SUBMISSION PROCEDURE:
Please submit an abstract, précis, or draft of your work-in-progress in Microsoft Word format to Deep Gulasekaram [email protected] the subject line "Submission: AALS 2025 WIP Session” by September 1, 2024. In your email, please indicate if your submission meets the selection priorities. Scholars whose proposals are selected will need to submit a draft of the work-in-progress by December 1, 2024.

Pursuant to AALS rules, faculty at fee-paid non-member law schools, foreign faculty, adjunct and visiting faculty (without a full-time position at an AALS member law school), graduate students, fellows, and non-law school faculty are not eligible to submit. Please note that all presenters at the program are responsible for paying their own annual meeting registration fees and travel expenses.

July 12, 2024 in Conferences and Call for Papers | Permalink | Comments (0)

Prof. Jacqueline Stevens on Private Prison Financing

I cannot recommend strongly enough that you read today's op-ed by Professor Jacqueline Stevens (Poli Sci, Northwestern) in The New Tribune: Don’t deter the huddled masses. Deter private prison kleptocrats who profit off them. If you have trouble with the link--here is a .pdf version to download.

A few things I learned from the short piece:

  • In 2021, GEO testified about the "firm’s 16% to 19% net and 37% gross profits from running the Tacoma facility from 2010-17, over twice the return for the lodging industry in this time frame."
  • That profit margin was justified by a 1983 federal regulation called FAR 15-404-4 that requires "purchasers to guarantee firms “motivating” profits."
  • FAR 15-404-4 conflicts with the more well-known Congressional mandate to: “acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum extent practicable.”

The piece also includes updates about the ongoing appeals regarding a jury finding that Tacoma detainees were "employees" entitled to minimum wage (not 1$/hour) as well as challenges to a WA state law regarding private prison conditions.

-KitJ

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

The Conversation: Immigrant moms feel unsafe and unheard when seeking pregnancy care – here’s how they’d improve Philly’s health care system

A pediatrician on The Conversation discusses how "Immigrant moms feel unsafe and unheard when seeking pregnancy care – here’s how they’d improve Philly’s health care system."

KJ

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

Immigration Job Openings

See the job description for the American Immigration Council, which is hiring a litigation staff attorney or senior litigation staff attorney. The position requires at least three years of relevant legal experience, so please help spread to word to your former students who might be mid-career and interested in this position!
 

The Cardozo School of Law’s Kathryn O. Greenberg Immigration Justice Clinic  is interested in hiring an attorney to serve as a Clinical Teaching Fellow to begin in December 2024.  Past fellows have generally had 3–5 years of practice experience prior to coming to the clinic and have generally worked with the clinic for 2–3 years. The annual salary for fellows is $75,000 with full benefits.  The full job posting is attached.

KJ

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

Job Opening: Clinical Teaching Fellow at Cardozo

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CLINICAL IMMIGRATION FELLOWSHIP

The Cardozo School of Law’s Kathryn O. Greenberg Immigration Justice Clinic is interested in hiring an attorney as a Clinical Teaching Fellow to begin in December 2024. Past fellows have generally had 3–5 years of practice experience prior to coming to the clinic and have generally worked with the clinic for 2–3 years. The annual salary for fellows is $75,000 with full benefits.

The Fellow’s core responsibilities would include a combination of the following:

  • work on deportation defense or related cases in the immigration, federal, and state courts;

  • work on impact litigation and advocacy projects with immigrant community-based and national advocacy organizations;

  • supervision of clinic students on litigation and advocacy projects;

  • assistance in teaching and administering the clinic seminar; and primary responsibility for the clinic docket during the summer session.

In addition, the Fellow would have significant autonomy to construct their own docket of relevant work in accordance with their interests and would have the opportunity to take part in the academic life of the law school. This position is ideal for candidates interested in the substantive areas of immigration or criminal law, candidates interested in transitioning from direct service to impact work, candidates seeking supervisory experience, and/or candidates interested in careers in clinical teaching. Past fellows have gone on to positions as clinical professors, executive directors of non-profits, managing attorneys of direct service immigration practices, and leadership positions in government, including a former fellow who was recently appointed to the Board of Immigration Appeals.

The Immigration Justice Clinic at Cardozo is an in-house year-long intensive live client clinic in which students represent immigrants in a variety of matters. Individual cases most frequently involve deportation/removal proceedings in the immigration and federal courts. Substantively, the clinic’s docket focuses primarily on immigrants facing deportation because of encounters with the criminal legal system and more generally on immigration enforcement issues. In addition, students and fellows have the opportunity to represent immigrant community-based and national advocacy organizations engaged in impact projects on cutting-edge immigration issues. Impact litigation and legislative advocacy are mainstays of the clinic’s docket. You can learn more about the clinic under the “Learn About Our Work” link at http://www.cardozo.yu.edu/immigrationjusticeclinic.

The clinic directors, Peter L. Markowitz and Lindsay Nash, are full-time members of the Cardozo faculty and will be responsible for mentoring, training, and supervising the Fellow.

To apply, please send a cover letter, resume, and list of at least three references (ideally academic and professional) to: Linda Falk at [email protected] as soon as possible. Please put “IJC Fellowship” in the subject line. Applications will be reviewed on a rolling basis.

July 12, 2024 in Jobs and Fellowships | Permalink | Comments (0)

Immigration Article of the Day: Property and Prejudice by Fatma E. Marouf and Vanessa Casado Perez

fatma-marouf-website

Vanessa Casado Perez

Property and Prejudice by Fatma E. Marouf and Vanessa Casado Perez

Southern California Law Review, Forthcoming

Abstract

“Alien land laws” – laws restricting noncitizens from owning real property – are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food security, and prevention of absentee ownership. But these laws completely fail to achieve their asserted goals. The poor means-end fit, combined with the availability of far less restrictive alternatives, leaves the new laws vulnerable to legal challenges under the Equal Protection Clause and the Fair Housing Act. But century-old Supreme Court precedents and gaps in legal doctrine may still make it difficult for such challenges to prevail. Preemption arguments based on immigration law, the foreign affairs power, and federal laws governing foreign investment, as well as Dormant Commerce Clause arguments, also involve legal hurdles. The Article analyzes these legal arguments, evaluates potential obstacles, and charts possible paths forward. Regardless of the legal viability of these laws, the Article cautions that they will perpetuate prejudice, open the door to a new form of segregation, and limit who can achieve the America Dream.

KJ

July 12, 2024 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Summertime (Fun) Reading

I picked up two novels that touch on civil rights (but not immigration issues to distract me from the press about the 2024 presidential race.  Both were great distractions and fun reads.

Camino Ghosts: A Novel

Camino Ghosts by John Grisham

As the publisher's abstract describes, "[t]he true story is about Dark Isle, a sliver of a barrier island not far off the North Florida coast. It was settled by freed slaves three hundred years ago, and their descendants lived there until 1955, when the last one was forced to leave. That last descendant is Lovely Jackson, elderly now, who loves her birthplace and its remarkable history. But now Tidal Breeze, a huge, ruthless corporate developer, wants to build a resort and casino on the island, which Lovely knows, deep down, is rightfully hers."

 

A Calamity of Souls

Calamity of Souls by David Baldacci

Here is the publisher's teaser:  "Set in the tumultuous year of 1968 in southern Virginia, a racially-charged murder case sets a duo of white and Black lawyers against a deeply unfair system as they work to defend their wrongfully-accused Black defendants in this courtroom drama from #1 New York Times bestselling author David Baldacci."

KJ

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

Thursday, July 11, 2024

CFP: Arkansas Law Review Symposium on Cesar Garcia Hernandez's Welcome the Wretched

The below call for papers for a symposium on the notion of the “criminal alien” engages Cesar Garcia Hernandez's recent book, Welcome the Wretched: In Defense of the “Criminal Alien.” The symposium will be held at the University of Arkansas Little Rock on April 4, 2025, and papers will be published in the UA Little Rock Law Review. The Law Review will cover travel and accommodations costs for presenters. More details from the CFP below and attached. Download CFP - Welcome the Wretched Symposium 2025

 

2025 SYMPOSIUM: IMMIGRATION LAW, ACCESS TO JUSTICE, AND RETHINKING THE
“CRIMINAL ALIEN”
CALL FOR PAPERS


The William H. Bowen School of Law at the University of Arkansas at Little Rock and the UA Little
Rock Law Review invite paper proposals for the 2025 Ben J. Altheimer Symposium, to be held at the
Bowen School on April 4, 2025.

The annual Altheimer Symposium brings together prominent scholars and speakers to explore topics of
significant interest to the legal and scholarly community. The 2025 Altheimer Symposium invites
participants to address the intersection of immigration and criminal law – or “crimmigration” – focusing
particularly on questions of access to justice.

The point of departure for the 2025 Altheimer Symposium will be a reflection upon the notion of the
“criminal alien.” In early 2024, Professor César Cuauhtémoc García Hernández published Welcome the
Wretched: In Defense of the "Criminal Alien," in which he argues that "a deeply flawed and racist criminal
legal system and immigration system [has] converged to senselessly cruel effect." In a book that draws
upon a wide range of interdisciplinary sources, García Hernández "counters the fundamental assumption
that criminal activity has a rightful place in immigration matters, arguing that instead of using the
criminal legal system to identify people to deport, the United States should place a reimagined sense of
citizenship and solidarity at the center of immigration policy."

Professor García Hernández will launch the 2025 Altheimer Symposium with a brief reflection on the
book and the concerns that led him to write it.

The 2025 Altheimer Symposium invites scholars to respond to García Hernández's arguments and to
explore the theme of access to justice for immigrants in the criminal and immigration systems. The
Symposium thus aims to address the widespread recognition that the immigration system is broken, and
the related recognition that the criminal legal systems, at both the federal and state levels, are often,
erratically, and imperfectly used to enforce immigration law and policy. The Symposium therefore seeks
paper proposals that address any aspect of the intersection of immigration and criminal law and policy,
with solutions for addressing and improving failing aspects of U.S. immigration law. Following the
Symposium in the spring of 2025, accepted papers will be published in the UA Little Rock Law Review.

Proposals should be submitted no later than Friday, September 6, 2024. Accepted paper proposals and
details of the 2025 Altheimer Symposium will be delivered no later than Monday, September 30, 2024.
Questions should be directed to the UA Little Rock Law Review Symposium Editor, Alycia Jameson, at
[email protected].

MHC

July 11, 2024 in Conferences and Call for Papers | Permalink | Comments (0)

Slight Increase in U.S. Unauthorized Immigrant Population

Migration Policy Institute

The Migration Policy Institute (MPI) has released its latest estimates of the size of the unauthorized immigrant population in the United States, estimating the number at 11.3 million in mid-2022. That figure is up from 11.2 million in 2021 and 11.0 million in 2019.

After Mexico, the top countries of origin of the unauthorized population as of 2022 ranged from those in nearby northern Central America; to South American countries of Venezuela, Colombia, and Brazil; as well as farther-away countries such as India, the Philippines, and China.

Although Mexico continued to be the top origin country, accounting for 45 percent of the unauthorized population in 2022 as compared to 64 percent in 2007, the MPI estimates illustrate the shifts in migration patterns that continued to reshape the nationality makeup of the population in 2022. Net increases in the unauthorized immigrant population from South America outpaced those from Guatemala and Honduras, both traditional countries of origin with repatriation agreements that make their nationals more likely to be removed by the U.S. authorities.

KJ

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

CFP AALS 2025: Nationalism and Cosmopolitanism Clash on Immigration Policy in a Second Presidential Term

Call for Papers
AALS Section on Immigration Law
January 7-11, 2025, AALS Annual Meeting (San Francisco, CA)

The AALS Section on Immigration Law is pleased to announce a program titled Nationalism and Cosmopolitanism Clash on Immigration Policy in a Second Presidential Term during the 2025 AALS Annual Meeting in San Francisco, CA. The next presidential term will be a second term for the incumbent or his immediate predecessor. Either way, once again we are likely to see elected officials torn between nationalism and cosmopolitanism amid legislative stalemate about immigration policy. Courts are likely to be rapidly drawn into new and old battles about the treatment of noncitizens, ranging from questions of federalism to arrest and detention policy to access to the asylum system. Courts will have to wrestle with specific constitutional, statutory and administrative law questions, which may connect to broader unresolved questions. Do restrictionist approaches necessitate discrimination and cruelty? Do more open and welcoming approaches inherently lead to chaos and erosion of order? Which rights does the Constitution protect for all people, and which rights are guaranteed only for citizens? To what extent is preserving a particular racial or ethnic profile a legitimate government purpose?

A call for papers will be issued as part of this panel.

FORMAT: Scholars whose papers are selected will provide a presentation of their papers and participate in the panel discussion, followed by commentary and audience Q&A.

SUBMISSION PROCEDURE: Scholars who are interested in participating in the program should send a draft or summary of at least three pages to Professor Fatma Marouf on or before September 1, 2024. The subject line of the email should read: “Submission—AALS 2025 Immigration Section CFP.”

Scholars whose papers are selected for the program will need to submit a draft by December 1, 2024.

Pursuant to AALS rules, faculty at fee-paid non-member law schools, foreign faculty, adjunct and visiting faculty (without a full-time position at an AALS member law school), graduate students, fellows, and non-law school faculty are not eligible to submit. Please note that all presenters at the program are responsible for paying their own annual meeting registration fees and travel expenses.

July 11, 2024 in Conferences and Call for Papers | Permalink | Comments (0)

Paris, The Olympics, and the City's Homeless Migrants

Rings
By Vusi vilanculos - Own work, CC BY-SA 4.0, Link

The New York Times today is reporting on efforts by the city of Paris to rehome the city's homeless migrants. Thousands (!!) of migrants have been bussed out of the city limits "only to end up living on unfamiliar streets far from home or flagged for deportation."

Before this article, I hadn't realized that the "Olympic Village" (where all athletes are accommodated) was built in one of the city's poorest neighborhoods. To make that happen, the city had to move migrants sheltering in abandoned buildings and on the streets.

Part of the bussing program entails screening homeless migrants for asylum eligibility. Those who are found ineligible are slated for deportation.

-KitJ

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

Wednesday, July 10, 2024

CMS Finds Parole-in-Place Will Benefit 455,000 US Families and Improve the US Economy: Most Living in California and Texas

The Center on Migration Studies as released a report on President Biden’s recent decision to extend parole-in-place to the undocumented spouses of US citizens who entered the country without inspection.  It states that the policy

"is a significant first step in strengthening American families and the US economy. Under the program, the Center for Migration Studies of New York (CMS) estimates that 455,000 undocumented spouses of US citizens with 1) marriages valid before June 17, 2024 and 2) proof of presence in the country since June 2014 are protected from the looming threat of deportation, have the opportunity to pursue a pathway to citizenship, and are able to obtain official work authorization. . . .

California and Texas top the list of the top 10 states with eligible populations.

KJ

July 10, 2024 in Current Affairs | Permalink | Comments (1)

Immigration & Taxation Symposium

Pitt Tax Review

Tax is everywhere.  Including in immigration.  Here is a symposium issue of the Pittsburgh Tax Review.  Vol 21, No 2 (2024): Immigration & Taxation.

Hat tip to Francine Lipman.

KJ

July 10, 2024 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

US to Pay Panama to Thwart Regional Migration

On July 1, DHS announced a new US Department of State-funded "foreign assistance program" with Panama to "address irregular migration in the region."

From the official announcement:

"This program will help the Panamanian government to remove foreign nationals who do not have a legal basis to remain in Panama. This assistance seeks to reduce unprecedented irregular migration through the Darien region, through which over 520,000 migrants transited in 2023."

WaPo reports that this is a "pilot program" that the United States is sinking $6 million into.

WaPo quotes Marcela Escobari, a Biden immigration adviser, as saying this about the program: “We’re trying to send a clear message to anyone who is looking for protection or economic opportunity: choose legal, orderly, safe paths instead of putting your lives at risk."

The paper quotes Panamanian President José Raúl Mulino as saying "I won’t allow Panama to be an open path for thousands of people who enter our country illegally.”

-KitJ

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