Tuesday, May 17, 2022

Declare War Against Racism!

Friends, Buffalo is a wake-up call.

The racist massacre by a white supremacist teen in his rampage against the so-called “Replacement Theory” highlights the sad truth that attacks against African Americans and the country’s racial divide are a tragic part of life in America. The shooter’s diatribe and war against Blacks and immigrants of color are a continuation of what we saw in Atlanta massage parlors and a Charlottesville church. I thought those were wake-up calls. I thought the murder of George Floyd was a wake-up call. It’s time for our own war. It’s time to declare a war on racism in America. With race on the front pages, the opportunity is ripe for national, state, and local leaders to declare war on bigotry and hate.

More than 150 years after the Civil War and 55 years since the Civil Rights Act and the end of the national origins immigration system, racism continues in the United States. From hate speech and hate crimes to employment discrimination and forms of social preference, subtle actions and institutionalized racism continue to challenge our nation. Almost 20 years ago when Trent Lott was sharply criticized for racist sentiment at Strom Thurmond’s retirement party, we saw Democrats and Republicans alike agree that racism is wholly and completely unacceptable. But after Lott stepped aside, addressing racism was pushed to the back burner again, allowed to eat away at our nation’s character. We then saw Donald Trump getting away with calling neo-Nazis and white supremacists at Charlottesville “very fine people” while labeling Minneapolis protesters as “thugs.” We see Trump’s sycophant politicians across the country falling in line and spewing the same type of hate.

More than a dozen years ago, presidential candidate Barack Obama gave a stirring speech on our nation’s racial divide. Then a few years later he sat down to discuss profiling with Harvard Professor Henry Louis Gates Jr. and his arresting Boston police officer. But after that, we heard little further discussion nor witnessed much direct public action. Any talk of improving race relations remains hushed and polite when it occurs at all. Hushed until there’s another black victim of police brutality: Parick Lyoya, Dante Wright, Andre Hill, Breonna Taylor, Amadou Diallo. Sandra Bland. Manuel Loggins Jr. Ronald Madison. Kendra James. Sean Bell. Eric Garner. Michael Brown. Mario Woods. Philando Castile. Walter Scott. Freddie Gray. Sam DuBose. Tamir Rice. Eric Harris. Akai Gurley. Terence Crutcher. William Chapman. Jeremy McDole. Alton Sterling. Ahmaud Arbery. Sadly, George Floyd was not the first black murder victim of Minneapolis police—just Google the name Jamar Clark.

The problem with polite talk on these issues is that it lets the vast majority of the nation off the hook. The nation ends up treating overt incidents as the exception, regarding those instances as rare—as they move on to the next day’s headline. What will it take to realize that we should be taking aim at what should be our prime target—the foundation of institutionalized racism that has created an environment that enables subtle and unconscious racism, emboldens perpetrators of racist speech, and licenses acts of hate.

We need more than polite talk. We need a sense of outrage and indignation. We need massive mobilization over the issue. We need a declaration of war. The declaration of war on the evils of hate and racism must be loud and constant. Just as we have poured millions of dollars into campaigns against COVID-19, against drugs and smoking, and into efforts to address recycling and other environmental concerns, we need attention-grabbing strategies to begin now, in the midst of current recognition that improving race relations matters.

We need a clear vision statement on these issues to serve as the basis for this moral declaration. We must be driven, not politely, because we are beyond politeness on the evils of hate and prejudice that our sensible leaders acknowledge are not American values. Let’s put our heads together on this national priority. Be creative and imaginative in approaches. Set an example. Call for new laws, enforcement of existing regulations, smart coalition-building, civility, respect and approaches to addressing private attitudes and actions. Make that call loud and clear and remind us over and over. Make it part of the national psyche, not just part of the national agenda. That call and that declaration of war against racism is happening right now on the streets of Minneapolis.

The public face of American pluralism — dominated by politicians, professionals and community leaders — has its positive moments in spite of Trump soldiers. The problem is with the private off-camera face of America that fails to teach our children and challenge our neighbors to be respectful of others. We all share to varying degrees the blame for a culture that gives rise to hate speech and ethnic animosity. Every time we engage in even subtle racism or the fostering of stereotypes, we perpetuate that culture. As much as each of us shares the blame, each of us can be part of the solution. Every time we reach out to others whom we have been conditioned to distrust, fear, or subordinate because of culture, race or class, we begin to chip away at the wicked culture that gives rise to irrational hatred, animosity, and violence.

In the aftermath of 9/11, President Bush spoke out against hate crimes directed at Americans of South Asian, Pakistani, Arab, and Muslim descent. He urged “Americans not to use this as an opportunity to pick on somebody that doesn’t look like you, or doesn’t share your religion.” But then, he and other leaders did little to demonstrate an informed understanding about the racialized structures of our society that continue to subordinate Blacks, Latinx, Native Americans, and many Asian Americans. President Obama called on Americans to do better, but his efforts were derailed by the MAGA-crowd. So we must take it upon ourselves to support and get on the war path against racism. It’s time to roll up our sleeves and get serious about racism as a nation and as individuals.

Bill Hing

May 17, 2022 | Permalink | Comments (0)

New Lawsuit in Canada Challenges the Use of Maximum-Security Jails for Immigrant Detention

Today's Toronto Star reports on a new lawsuit in Canada challenging the use of maximum-security jails for the purpose of immigration detention.

Although immigrants are held in these jails, they are not charged with a crime and civil detention is not supposed to be punitive. As Toronto Star reporter Brendan Kennedy quotes the lawyer for the detainees as saying: "No one who is not convicted of a crime or is not accused of a crime should be placed there."

Those interested in learning more about the jailing of immigrant detainees in Canada should definitely read this article by Stephanie J. Silverman and Petra Molnar: Everyday Injustices, published in the Refugee Survey Quarterly (March 2016), pp. 109-127.

IE

May 17, 2022 in Current Affairs | Permalink | Comments (0)

The Violent Defense of Whiteness

The tragedy of the hate crimes this weekend in Buffalo, New York remains in the national spotlight.  The killer apparently was an adherent of the "Great Replacement Theory" positing that elites are brining immigrants to the country to replace whites.  The theory until this weekend was a staple of Fox News.  

Kathleen Belew in the New York Times insightfully observes that

"It’s not immediately obvious how the “great replacement” theory, often framed as anti-immigrant doctrine meant to preserve predominantly white societies, is connected to the shooting of Black customers and employees at a grocery store in Buffalo last weekend. . . . But the explanation for both the choice of targets and the brutality of an attack that killed 10 people can be found in the history of the theory. . . . 

The great replacement is the latest incarnation of an old idea: The belief that elites are attempting to destroy the white race by overwhelming it with nonwhite groups and thinning them out with interbreeding until white people no longer exist. This idea is not, at its core, about any single threat, be it immigrants or people of color, but rather about the white race that it purports to protect. It's important to be cautious and not too credulous when reading the writings of assailants in attacks motived by race, but we should note an important pattern: their obsession with protecting white birthrates.

For decades, white power activists have worried about their status as a majority. They see a looming demographic crisis, and talk about when their community, town or the United States will no longer be majority white. Even when demographic change slows, this fear has not abated."

Belew is the author of Bring the War Home: The White Power Movement and Paramilitary America (2018).

41jD62y7PWL (1)

May 17, 2022 in Books, Current Affairs | Permalink | Comments (0)

Monday, May 16, 2022

Climbing the Ladder: Roadblocks Faced by Immigrants in the New York City Construction Industry by Jacquelyn Pavilon and Vicky Virgin.

The Center for Migration Studies is releasing a new report, Climbing the Ladder: Roadblocks Faced by Immigrants in the New York City Construction Industry by Jacquelyn Pavilon and Vicky Virgin. 

To join a webinar discussing the new report, register here. CMS Executive Director, Donald Kerwin will moderate the discussion. Here is a summary of the report's findings:

The report found that between 2015 and 2019, 41 percent of foreign-born construction workers in New York City were undocumented; unionized foreign-born construction workers in New York State earn 64 percent more than their nonunionized foreign-born counterparts; and undocumented and foreign workers with limited English proficiency are more likely to work in construction occupations with higher fatality rates.

IE

May 16, 2022 in Data and Research | Permalink | Comments (0)

Breaking News: Supreme Court Limits Judicial Review of Removal decisions

Suprme court

Official Supreme Court Picture

The Supreme Court today limited judicial review of removal decisions in Patel v. Garland.  Justice Amy Coney Barrett wrote the opinion for the majority.  SCOTUSBlog collects materials on the case here.

As described in the syllabus to the slip opinion, the majority held that "Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings under §1255 and the other provisions enumerated in §1252(a)(2)(B)(i)."

Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh joined.  Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

Justice Barrett began the majority opinion as follows:"

"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States. When noncitizens violate those rules, Congress has provided procedures for their removal. At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances. Federal courts have a very limited role to play in this process. With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends -- specifically, whether it precludes judicial review of factual findings that underlie a denial of relief. It does. joined.

Justice Gorsuch began the dissent as follows:

"It is no secret that when processing applications, licenses, and permits the government sometimes makes mistakes. Often, they are small ones—a misspelled name, a misplaced application. But sometimes a bureaucratic mistake can have life-changing consequences. Our case is such a case. An immigrant to this country applied for legal residency. The government rejected his application. Allegedly, the government did so based on a glaring factual error. In circumstances like that, our law has long permitted individuals to petition a court to consider the question and correct any mistake. Not anymore. Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it. No court may even hear the case. It is a bold claim promising dire consequences for countless lawful immigrants. And it is such an unlikely assertion of raw administrative power that not even the agency that allegedly erred, nor any other arm of the Executive Branch, endorses it. Today’s majority acts on its own to shield the government from the embarrassment of having to correct even its most obvious errors. Respectfully, I dissent."

Recaps of the opinion will be posted when available.

UPDATE (May 17): Aline Barros on Voice of America reports on the Patel v. Garland decision.

KJ

May 16, 2022 in Current Affairs | Permalink | Comments (0)

A Rewritten Plyler v. Doe by Shoba Sivaprasad Wadhia and Michael Olivas

Olivas

Draft Manuscript for Feminist Judgments:  Rewritten Immigration Law Opinions Cambridge University Press) (Kathleen Kim, Kevin Lapp & Jennifer J. Lee eds., forthcoming 2023). by Shoba Sivaprasad Wadhia and Michael Olivas

With Michael having departed us, Shoba wrote the following abstract of the draft opinion:

"Michael A. Olivas was a pioneer and beloved husband, brother, friend, colleague and scholar in the fields of higher education and immigration. One of his last written words on the landmark case of Plyler v. Doe was a contribution to a forthcoming volume of Rewritten Immigration Opinions to be published by Cambridge University Press. I am honored and heartbroken to release our chapter as a draft to honor and celebrate Michael. I am grateful to Cambridge University Press, its editors (in particular Jennifer Lee) and the research assistants for their outstanding editorial assistance. Rest in Power Michael."

KJ

May 16, 2022 in Current Affairs | Permalink | Comments (0)

Sunday, May 15, 2022

AAPI Authors: Maxine Hong Kingston and Viet Than Nguyen

Beginning with her stunning 1976 memoir The Woman WarriorMaxine Hong Kingston has forged a profound, richly imagined, and genre-defying narrative of the American experience from her vantage point as the daughter of Chinese immigrants. To mark publication of the new Library of America edition, Kingston joins Pulitzer Prize-winning writer Viet Thanh Nguyen, editor of the volume and her former student, for an intimate conversation about her life and work (Wed May 18, 6-7pm).

There will be a brief Q&A at the end of the program; you will be able to type a question and submit it to the event moderator.

Registration is required to attend this event. After registering on Eventbrite, you will receive a confirmation email from Zoom with instructions on how to join the presentation.

Kingston

MHC

May 15, 2022 in Books | Permalink | Comments (0)

Chinese American History, Asian American Experiences

Ngai Lee Zia

Thurs May 19 4pm EST. A virtual event that is part history lesson and part conversation, this program will feature three leading authors, scholars, and advocates: Dr. Erika Lee, Dr. Mae Ngai, and Helen Zia. Register here.

The Mellon Foundation organizers write: "Chinese immigrants and their descendants have shaped the United States, but their experiences are not always acknowledged as part of our collective history. Chinese American stories touch on every facet of the American experience: from those of immigrants who arrived at the US via the Angel Island Immigration Station in San Francisco; to builders of the transcontinental railroad connecting America’s east and west; drivers of urban development and access to public education; and subjects of discrimination and anti-Chinese legislation. In sharing these histories, we can cultivate a fuller understanding of our current moment and promote truthful narratives about Chinese American histories and Asian American experiences."

MHC

May 15, 2022 in Books, Current Affairs, Film & Television | Permalink | Comments (0)

From The Bookshelves: Learning America by Luma Mufleh

51eTDPu4E0L

Luma Mufleh is the author of Learning America: One Woman's Fight for Educational Justice for Refugee Children. Kevin introduced you to Luma two years ago, writing about the her Fugees Academy, a free private school for low-income refugee children in Atlanta. Now Luma is telling her story in her own words. As the publisher pitches it:

Luma Mufleh—a Muslim woman, a gay refugee from hyper-conservative Jordan—joins a pick-up game of soccer in Clarkston, Georgia. The players, 11- and 12-year-olds from Liberia and Afghanistan and Sudan, have attended local schools for years. Drawn in as coach of a ragtag but fiercely competitive team, Mufleh discovers that few of her players can read a word. She asks, “Where was the America that took me in? That protected me? How can I get these kids to that America?”

For readers of Malala, Paul Tough, and Bryan Stevenson, Learning America is the moving and insight-packed story of how Luma Mufleh grew a soccer team into a nationally acclaimed network of schools—by homing in laserlike on what traumatized students need in order to learn. Fugees accepts only those most in need: students recruit other students, and all share a background of war, poverty, and trauma. No student passes a grade without earning it; the failure of any student is the responsibility of all. Most foundational, everyone takes art and music and everyone plays soccer, areas where students make the leaps that can and must happen—as this gifted refugee activist convinces—even for America’s most left-behind.

-KitJ

May 15, 2022 in Books | Permalink | Comments (0)

Tragic Buffalo shooting is an ugly culmination of "great replacement" theory

 

Erika D. Smith for the Los Angeles Times analyzes the events yesterday surrounding an 18-year-old white man going on a shooting spree in a market in a predominantly Black neighborhood in Buffalo, N.Y.  Most of the victims were Black.10 people were killed and three others wounded. 

Smith focuses on "the white supremacist explanation" for the shootings as suggested in "a manifesto that authorities say [the shooter] Gendron uploaded":

"He is an adherent of the so-called `great replacement' theory. According to authorities, [the shooter] felt compelled to drive roughly 200 miles to shoot innocent Black people indiscriminately with a high-powered rifle because white Americans are being `replaced' by people of color."

As Smith writes, the theory dominated California politics in the 1990s, a time when the voters passed the anti-immigrant milestone Proposition 187:

"That’s when Republicans, desperate to hold on to political power, were spreading fear and paranoia about millions of Mexican immigrants wanting — how dare them! — resources and rights, and the inevitable decline of the state’s white population. These were the formative years of Stephen Miller, the Santa Monica native who grew up to become President Trump’s repugnant, immigrant-hating senior advisor."

UPDATE May 16

 

KJ

May 15, 2022 in Current Affairs | Permalink | Comments (0)

Immigrants Who Helped Catch Subway Attack Suspect Now Need Help Themselves

 

Ashley Southall for the New York Times follows up on one of "New York’s worst subway attack in decades."  Police have credited immigrants -- "an undocumented Mexican immigrant, a Lebanese student and an American-born Syrian who had fled civil war and left his parents behind" -- with helping to capture the man charges with opening fire inside an N train on April 12 in Brooklyn. They now seek relief from the U.S. immigration system as they seek "visas set aside for victims, witnesses and informants who help law enforcement, and [are] determining whether they can access alternatives like humanitarian parole or political asylum. . . . . Their lawyers say aiding their clients would help to rebuild trust among Muslims and immigrants after years of heightened hostility toward them under President Donald J. Trump."

More than a third of New York residents are immigrants, including roughly half a million undocumented people and 760,000  Muslim residents.

KJ

May 15, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Immigration Enforcement Preemption by Pratheepan Gulasekaram

Deep

Immigration Enforcement Preemption by Pratheepan Gulasekaram, Ohio State  Law Journal, Vol. 84, Forthcoming 2023

Abstract

The Supreme Court’s 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in modern times, striking down several provisions of Arizona’s omnibus enforcement law. Notably, the Court did not limit preemption inquiry to conflicts between the state law and congressional statutes. The Court also based its decision on the tension between the state law and executive branch enforcement policies. The landmark decision seemed to have settled the Court’s approach to immigration enforcement federalism. Yet, a scant eight years after Arizona, in Kansas v. Garcia, the Court upheld Kansas’ prosecutions of noncitizens who used stolen identities to procure employment in violation of federal immigration law. In so doing, the majority opinion took aim at Arizona’s central premise, rejecting the relevance of presidential enforcement in immigration preemption.

This Article provides an urgently needed reappraisal of immigration preemption in the wake of Kansas. My primary claim is that immigration preemption requires a framework that accounts for the diminishing relevance of formal law, the discretionary enforcement options available to federal authorities, and the inherent liabilities associated with unauthorized status. I argue that presidential enforcement practices – as a distillation of competing statutory values, congressional appropriations, executive policy preferences, and allocation of agency resources – limn federal policy for immigration preemption purposes. In defending this claim, this Article recasts immigration preemption decisions from the past fifty years, revealing a long-standing judicial concern for federal enforcement practices. Second, this Article critiques Kansas for discounting federal enforcement practices, and defends a return to Arizona-like jurisprudence. Finally, it argues that this approach will not unduly aggrandize judicial or executive power, or imbalance federal-state authority over criminal enforcement.

KJ

May 15, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Saturday, May 14, 2022

Call for Proposals for the Fourth Annual Equality Law Scholars’ Forum

 November 4-5, 2022 – Loyola Law School, Los Angeles

Building on the success of the Equality Law Scholars’ Forum held at UC Berkeley Law in 2017, at UC Davis Law in 2018, and at Boston University Law in 2021, and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco, visiting Loyola Los Angeles AY 2022-23; Angela Onwuachi-Willig, Boston University; and Leticia Saucedo, UC Davis) announce the Fourth Annual Equality Law Scholars’ Forum to be held in Fall 2022. 

This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas.  We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, queer theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.  

We will select five or six relatively junior scholars (untenured, newly tenured, or prospective professors) in the U.S. to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law.  Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting.  The Forum will take place all day Friday through lunch on Saturday.  Participants are expected to attend the full Forum.  The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.  

This year’s Forum will be held on November 4-5, 2022, at Loyola Law School in Los Angeles.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by June 10, 2022.   

Full drafts of papers must be available for circulation to participants by October 20, 2022

 

Note: We urge submission of proposals for drafts that will still be substantially in progress in October/November 2022 over drafts that will be in late-stage law review edits at that time.

Proposals should be submitted to:

Leticia Saucedo, UC Davis School of Law, lmsaucedo@ucdavis.edu.  Electronic submissions via email are preferred.

May 14, 2022 in Conferences and Call for Papers | Permalink | Comments (0)

Bill creating independent immigration court passes in House

After years of advocacy from the  National Immigration Judges Association (here and here), immigration attorneys (from ABA and AILA), and scholars, Representatives Zoe Lofgren (D-CA), Jerrold Nadler (D-NY), and Hank Johnson (D-GA), introduced the Real Courts, Rule of Law Act of 2022 (H.R. 6577) that has passed House Judiciary Committee with a vote of 24-12. It will next move to the House floor.

An section-by-section analysis of the full text legislation is here.

MHC

May 14, 2022 in Current Affairs | Permalink | Comments (0)

Republicans Wrongly Tie Biden Immigration Policies to Baby Formula Shortage

 

 

[Note:  The “usual pedo grifters,” who were unidentified, appeared to be a reference to a particularly outlandish QAnon conspiracy theory that an international ring of child sex traffickers is being operated by Democratic leaders.]

 

 

 

 

The mid-term elections are just around the bend.  Expect immigrants to be blamed for everything not going well in the nation.  The latest:  immigrants and the baby formula shortage.

In a joint statement issued earlier this week, Texas Governor Greg Abbott and the National Border Patrol Council accused President Biden of turning "a blind eye to parents across American who are facing a nationwide baby formula shortage."  "While mothers and fathers stare at empty grocery store shelves in a panic, the Biden Administration is happy to provide baby formula to illegal immigrants coming across our southern border," they wrote.

Fox News reports on the growing number of Republican lawmakers and officials pushing the Biden administration on the extent to which undocumented immigrants in detention are bring provided baby formula when the nation has a shortage.  Fox News explains that the U.S. government is legally obligated to care for and feed those in its custody and care, including immigrant children.  That includes providing formula to infant children, and it is a standard requirement for government facilities to offer that to migrants -- including during the Trump administration. 

Still, some Republicans are linking the border crisis to the issues with formula supply. In a letter to Health and Human Services and the Department of Homeland Security, Representative. Jim Banks (R-Ind.) noted that, during the 2019 "border crisis," the Border Patrol spent $230 million on "snacks, diapers and baby formula."

Linda Qui for the New York Times performed a fact check on the Republicans' charge: 

"Republican lawmakers have misleadingly suggested that the Biden administration is sending baby formula to undocumented immigrants at the expense of American families amid a national shortage. . . . . 

But it is inaccurate to suggest that President Biden is choosing to prioritize the needs of immigrant children over those of American children. Providing food — like formula — and water to migrant children detained at the border is required by a lawsuit settlement, and the Trump administration also adhered to that requirement. And it is unlikely that the amount of formula in stock at detention facilities would meaningfully ease the shortage."

The White House has responded that the Flores settlement, which covers the conditions of detention of immigrant children, and morality requires providing formula to migrant infants.

 

KJ

May 14, 2022 in Current Affairs | Permalink | Comments (0)

Call for Proposals for the Fourth Annual Equality Law Scholars’ Forum

Call for Proposals for the Fourth Annual Equality Law Scholars’ Forum, November 4-5, 2022 – Loyola Law School, Los Angeles

Building on the success of the Equality Law Scholars’ Forum held at UC Berkeley Law (2017), UC Davis Law (2018), and Boston University Law )2021), and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green (University of San Francisco, visiting Loyola Los Angeles 2022/23;) Angela Onwuachi-Willig (Boston University) and Leticia Saucedo (UC Davis)) announce the Fourth Annual Equality Law Scholars’ Forum to be held in Fall 2022.

This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas. We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, queer theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.

We will select five or six relatively junior scholars (untenured, newly tenured, or prospective professors) in the U.S. to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law. Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting. The Forum will take place all day Friday through lunch on Saturday. Participants are expected to attend the full Forum. The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.

This year’s Forum will be held on November 4-5, 2022, at Loyola Law School in Los Angeles.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by June 10, 2022.

Full drafts of papers must be available for circulation to participants by October 20, 2022.

We urge submission of proposals for drafts that will still be substantially in progress in October/November 2022 over drafts that will be in late-stage law review edits at that time.

Proposals should be submitted to: Leticia Saucedo, UC Davis School of Law, lmsaucedo@ucdavis.edu. Electronic submissions via email are preferred.

KJ

May 14, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

On immigration, advocates say a 'shadow Trump administration' is tying Biden's hands

45_donald_trump

Official White House Photo

Joel Rose for NPR reports on the Biden administration's struggle to end a number of immigration restrictions adopted by the Trump administration.  In many lawsuits, Republican-led states challenged lifting immigration enforcement measures.

Immigrant advocates say these states are bringing the cases to conservative federal judges appointed by former President Trump.  "To date, these states have brought no less than 17 lawsuits challenging President Biden's immigration moves," said Karen Tumlin, the founder of Justice Action Network, on a call this week with reporters. In effect, these states are using the courts to "keep a shadow Trump administration in office on immigration issues," she said.

KJ

May 14, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Reparative Citizenship by Amanda Frost

Amanda

Reparative Citizenship by Amanda Frost

Abstract

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This article argues that the United States should atone for these past transgressions by granting “reparative citizenship” to those individuals and their descendants.

Providing access to U.S. citizenship—an economically, politically, and symbolically valuable status—is an appropriate remedy for immigration law’s historical injustices. Returning “stolen” citizenship could also serve an educative function, informing current citizens that the status they enjoy was denied to others on grounds now acknowledged to be both immoral and unconstitutional. Such an initiative would reaffirm constitutional commitments to equality generally, and equal access to citizenship in particular. Immigration officials could implement a narrow version of reparative citizenship unilaterally, by loosening evidentiary standards and liberally granting discretionary remedies to victims of past discriminatory policies. A more expansive version would require amending the Immigration and Nationality Act to provide a new pathway to citizenship for historically excluded groups.

Even if reparative citizenship does not become law, however, the concept brings a new perspective to stalled debates over immigration. Today, politicians ask whether undocumented immigrants and other would-be Americans should be allowed to “earn” their citizenship. Reparative citizenship flips the narrative, arguing that the nation owes legal status to those wrongfully excluded in the past.

KJ

May 14, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Friday, May 13, 2022

They were sick and dying in ICE custody. The agency released them, avoiding responsibility

Icelogo_2

For the Los Angeles Times, Andrea Castillo and Jie Jenny Zou investigate how Immigration & Customs Enforcement (ICE) quickly released sick immigrant detainees, completely avoiding responsibility for their deaths. 25-year-old nurse technician Johana Medina Leon, who fled El Salvador for the violence she faced as a transgender woman, was one of them. "The circumstances surrounding Medina Leon’s release and death were discovered among more than 16,000 pages of documents disclosed as part of an ongoing lawsuit brought by The Times against the U.S. Department of Homeland Security seeking records of abuse at immigration detention centers," Castillo and Zou note. "The documents provide a rare look into one of several known instances in which detainees were discharged on the edge of death, underscoring long-standing complaints from advocates about uncounted deaths of people who have been in ICE custody." 

KJ

May 13, 2022 | Permalink | Comments (0)

Not all refugees are welcome in Europe

Eu
A
s many have observed, the warm embrace of Ukrainian refugees in Europe has not been the experience of many others who have fled their homelands, such as Syrians fleeing horrific warfare in 2016/17.  In an article on The Conversation ("A court case against migrant activists in Italy offers a reminder – not all refugees are welcome in Europe"), Eleanor Paynter, Cornell University explains how migrants are often not well received in Europe, despite a welcome of Ukrainian refugees.

KJ

May 13, 2022 in Current Affairs | Permalink | Comments (0)