Thursday, February 22, 2024

"Sweeping Raids, Mass Deportations: Donald Trump's 2025 Plan to Fix the Border": The Charlie Kirk Show

Official White House presidential portrait. Head shot of Trump smiling in front of the U.S. flag, wearing a dark blue suit jacket with American flag lapel pin, white shirt, and light blue necktie.

Official White House Photo

An episode of the Charlie Kirk Show provides a chilling description of what Donald Trump might bring to the world of immigration:

"Courts and cowardly Republicans prevented the first Trump term to realize its full potential on immigration. But four years of experience and four years in the wilderness to plan mean that Trump 2.0 will be very different. Stephen Miller joins to lay out a 2025 deportation scheme that is as grand in scope as the Panama Canal. Plus, Rep. Marjorie Taylor Greene explains her opposition to the latest no-cuts spending resolution, and takes Republicans to task for failing to impeach the traitorous Alejandro Mayorkas."

Philip Bump of the Washington Post ("Stephen Miller’s fantasy of red-state shock troops makes no sense") is not a fan.


February 22, 2024 in Current Affairs | Permalink | Comments (0)

Immprof Joe Landau Named Dean of Fordham Law


Immprof Joe Landau has been named the new dean of Fordham Law! Everyone raise a glass to celebrate. Woot. Woot.


February 22, 2024 in Current Affairs | Permalink | Comments (1)

Immigration Article of the Day: Misery, Melancholy, and Misfortune: A Migrant Case Study by Jayanth K. Krishnan

Jayanth Krishnan

Misery, Melancholy, and Misfortune: A Migrant Case Study by Jayanth K. Krishnan, 41 Wisconsin International Law Journal, Forthcoming (2024)


There is an ongoing crisis of despair involving migrants from abroad who are seeking refuge in one of the world’s longest-standing, post-World War II democracies – India. There are roughly 4.9 million noncitizen migrants in India, with most coming from Bangladesh, Myanmar, Nepal, Pakistan, and Sri Lanka. Because these migrants often live in the shadows, they are frequently deprived of their fundamental human rights.

On the one hand, it may seem surprising that this population remains so vulnerable. Albeit with notable exceptions, India’s Supreme Court has often been a leading institutional light in safeguarding the rights of many marginalized groups. Supreme Courts in other countries point to judgments from the Indian Supreme Court as a model for how to ensure that communities on the periphery are treated with dignity and due process. Furthermore, in periods of its progressive rights jurisprudence, the Court has been aided by a robust constitution and a vibrant civil society.

Yet when it comes to noncitizen migrants, there has been a dearth of sustained judicial support. Additionally, while there is certain, important bottom-up activism on behalf of these noncitizens, it has frankly not been enough to meet the cascade of needs that exist.

This project focuses on how institutional inadequacies, at both the governmental and societal levels, have left noncitizen migrants among some of the most isolated individuals within India. Namely, the absence of specialized and independent immigration courts, an outdated immigration statute, a lack of a strong immigration bar, insufficient legal education on immigration law, and little research on immigration doctrine are key reasons why migrants face such dire circumstances today. Otherwise put, India’s weak immigration infrastructure has sadly contributed to why noncitizen migrants have such difficulty accessing lawyers, the legal process, and ultimately justice within Indian society.


February 22, 2024 in Current Affairs, Immigration Law Clinics | Permalink | Comments (0)

Wednesday, February 21, 2024

Ninth Circuit Issues Order in East Bay Sanctuary Covenant v. Joseph Biden

We have previously posted on a much-watched case pending before the Ninth Circuit, East Bay Sanctuary Covenant v. Joseph Biden. As we explained in an earlier post, the district court blocked a Trump administration ban that categorically denied asylum to anyone at the southern border who had transited through a third country en route to the United States, with very limited exceptions. The case was then appealed argued before the Ninth Circuit in November, and due to interest in the case, the Ninth made the case brief available to the public.

Today, the Ninth issued an order placing the appeal in abeyance pending the parties settlement decisions. Judges W. Fletcher and Paez joined in the order, with Judge VanDyke, a 2020 Trump appointee, dissenting. Here is a passage from that dissent:

Taking the government at its word about the pressing need for this crucial rule to remain in effect and be enforced, our court granted a stay of the district court’s decision enjoining the government’s rule. We heard oral argument and are now poised to render our decision. Then suddenly, out of the blue, the parties come to us hand-in-hand, jointly asking us to hold off making a decision while they “engage[] in discussions regarding the Rule’s implementation and whether a settlement could eliminate the need for further litigation.” For months, the rule was so important that “any interruption” in its implementation, even for a short period of time, would incapacitate the executive’s border response. This panel made decisions based on those representations. Now, the government implies the rule isn’t so important after all. Indeed, the government is now “engaged in discussions” that could result in the rule going away. What?

The administration’s abrupt about-face makes no sense as a legal matter. Either it previously lied to this court by exaggerating the threat posed by vacating the rule, or it is now hiding the real reason it wants to hold this case in abeyance. Given its success thus far in defending a rule it has consistently characterized as critical to its control of the border, and the fact that it has to realize its odds of success in this case can only improve as it works its way vertically through the federal court system, the government’s sudden and severe change in position looks a lot like a purely politically motivated attempt to throw the game at the last minute.


February 21, 2024 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Dismantling the Due Process Dichotomy in Crimmigration Cases  by Josh Roth and  Stephen W. Yale-Loehr

Josh Roth

headshot of Steve Yale-Loehr

Dismantling the Due Process Dichotomy in Crimmigration Cases  by Josh Roth and  Stephen W. Yale-Loehr56 Cornell Int'l L.J. (forthcoming 2024)


The U.S. Constitution entitles every person to due process. But nearly fifty years ago, the Supreme Court distinguished the due process entitlement of noncitizens from that of citizens. This Article takes a novel approach to due process for noncitizens in certain so-called “crimmigration” cases by further distinguishing the citizen-noncitizen dichotomy. The Article argues that, as applied to lawful permanent residents, certain provisions of the Immigration and Nationality Act are unconstitutional. The article proceeds in three parts.
Part I summarizes the existing caselaw regarding due process for noncitizens. Part II explores two aspects of crimmigration law: immigration fraud and terrorism. This Part conducts a comparative analysis of the various statutes that penalize fraud and terrorism in the immigration and criminal codes. Part III employs the Mathews v. Eldridge balancing test and argues that in immigration fraud and terrorism cases, lawful permanent residents are entitled to additional procedural safeguards to remedy identified due process violations. This Part then formulates distinct procedural safeguards for lawful permanent residents in crimmigration cases involving fraud and terrorism.


February 21, 2024 in Current Affairs | Permalink | Comments (0)

How Trump’s Quota Policy Transformed Immigration Judging

Official White House presidential portrait. Head shot of Trump smiling in front of the U.S. flag, wearing a dark blue suit jacket with American flag lapel pin, white shirt, and light blue necktie.

Official White House Photo

In new research for ProMarket, Elise Blasingame, Christina Boyd, Roberto Carlos, and Joseph Ornstein look at how the Trump administration used a quota policy for immigration judges (and here) to influence how they decided cases. "The authors find the policy successfully nudged more judges to rule against immigrant plaintiffs."  (bold added).  Click the link above for details.

"In 2018, then-Attorney General Jeff Sessions issued a policy requiring immigration judges to complete a minimum of 700 cases per fiscal year and have no more than 15% of cases overturned on appeal, meaning that immigration judges had to be mindful of what the Trump-appointed Board of Immigration Appeals and attorney general wanted in their decisions. While the stated aim of the policy was to reduce the backlog of immigration cases growing exponentially year-over-year, the political motivations were clear: to pressure immigration judges to order more immigration removals and deportations as quickly as possible. From building the wall at the southern border, to family separation policies in detention centers, Trump was unequivocal in his aims: waging one of the most aggressive anti-immigration campaigns in recent history. The policy was certainly controversial and led some judges to quit. The immigration judges’ union campaigned against it. . . . The immigration judge quota policy was revoked under the Biden administration, but should Trump be re-elected in 2024, he will likely institute a similar policy to influence the incentives and decision-making of immigration judges and other bureaucrats."


February 21, 2024 in Current Affairs | Permalink | Comments (0)

What Crime Data Says About the Effects of Texas Busing Migrants

The Marshall Project

The social science data is one-sided, finding that immigration does not lead to an increase in crime.  However, immigrants often have been blamed for crime, including by New York City Mayor Eric Adams.  The Marshall Project looked at the claim.

"The Marshall Project has previously reported that there is no evidence linking an increase in immigration to higher local crime rates — whether it’s unauthorized, or includes lawful immigrants. The Marshall Project took a closer look at crime data in cities that received a significant number of migrants from Texas since spring 2022 — including New York, Washington, D.C., Chicago and Denver. Our analysis showed that despite recent media coverage, policing data doesn’t show a link between crime and the recent influx of migrants. Rather, crime in these cities largely follows national trends for big cities." (bold added).


February 21, 2024 in Current Affairs | Permalink | Comments (0)

California’s US Senate candidates debate minimum wage, immigration and more


California politics are not immune from debates over immigration.  Last night, contenders in the race for the open U.S. Senate seat sparred on the issue.  And there were differences of opinion.

With three weeks to go until the primary election, the top four candidates for California’s open U.S. Senate seat met again debated to make their cases for representing the state.  Democratic Representatives Adam Schiff, Katie Porter, and Barbara Lee as well as Republican ex-Los Angeles Dodger and San Diego Padre Dodger Steve Garvey spent the evening discussing issues like immigration, housing and the economy. 

On the border, all candidates agreed with a need for change, but their proposed plans of action were divided along predictable partisan lines.

Republican Steve Garvey squarely pointed the blame for the state of the border at President Joe Biden:

“The president opened the floodgates and created a crisis in the United States. He should be the one to step up and close the border; he should be the one that stops the infiltration of the cartels and stops rampant drugs coming into this country from China.”

The Democratic candidates criticized the approach of former President Donald Trump and Republican governors toward the migrant crisis.

“I don’t agree with draconian solutions. I don’t agree with Mr. Garvey, who is promoting Donald Trump’s border wall,” said Adam Schiff. “That doesn’t work.”   Schiff called for an increase of immigration judges who can process asylum claims.

Katie Porter said she supports deploying more resources and personnel to the border, including technology that would make it easier to detect fentanyl and other illegal goods.

Barbara Lee criticized Republican governors who have sent immigrants to cities with Democratic mayors.  “We need to make sure that we invest in cities and counties that are really helping immigrants given the governors’ abilities to send immigrants to other states,” she said. “What they’re doing is dividing residents from immigrants.”


February 21, 2024 in Current Affairs | Permalink | Comments (0)

Tuesday, February 20, 2024

Quiz Quiz Quiz Quiz

Who doesn't love a quiz? And this one even counts as work!

WaPo asks: Worried about immigrants overwhelming the U.S.? With five questions, you can find out just why it is that you're so worried!

Not to brag or anything, but here's my score:

Screenshot 2024-02-20 at 5.39.35 PM

In all seriousness, this might be a fun assignment for students to complete before the first day of class. Or I could see it being a great kickoff for a CLE or community talk.


February 20, 2024 in Current Affairs, Teaching Resources | Permalink | Comments (0)

Monday, February 19, 2024

At the Movies: Ricochet: The Path to Justice Is not a Straight Line

Screen Shot 2021-03-19 at 12.24.23

A new documentary is out of interest to readers of ImmProf Blog.

Ricochet, a film by Jeff Adachi and Chihiro Wimbush, features the San Francisco Public Defender Offices's defense of José Ines García Zaraté. An undocumented immigrant, García Zaraté was charged with the tragic death of Kate Steinle, who was killed by the ricochet of a bullet that he accidentally fired. His case set of a national firestorm over "sanctuary cities" when it was picked up by the Trump campaign.

More information, how to watch the film, and a teacher's guide are all available here.

We last posted an update on the case here




February 19, 2024 | Permalink | Comments (0)

ImmigrationProf Blog by Email

It's been a hot minute since we last reminded you about how to get ImmigrationProf Blog updates by email.

Once upon a time, the ImmigrationProf blog supported email subscriptions and daily digests. Unfortunately, it no longer does. Bummer, I know. But that doesn't mean you can't still get email alerts regarding blog posts or daily digests. You've just got to interact with a third party website.

Let me start with my favorite: Feedrabbit. What's great about this site is its simplicity. When you go to the website you'll see this clear form at the top:

Screen Shot 2022-10-19 at 7.14.35 PM

After you hit "subscribe," you'll get to this page. Don't ask me why there are two options for this one blog, just pick one and hit "sign up to subscribe."

Screen Shot 2022-10-19 at 7.15.56 PM

That will take you to this page, where you enter your email address. Complete the recaptcha and you're done!

Screen Shot 2022-10-19 at 7.17.11 PM

You'll start getting ImmigrationProf blog posts in your email. Note: the default for Feedrabbit is to send you emails for every post unless the blog gets "busy." But you can also configure your subscription to send daily or weekly digests with full content or just the table of contents.

Screen Shot 2022-10-19 at 7.26.56 PM

There are plenty of other RSS feed and digest options out there including Feedly, NewsBlur, and Inoreader. I spent some time poking around those three, but I found them more well-suited to folks who are following multiple blogs and want to view them all within a single app.

I hope this update helps. We definitely want to make accessing the blog as easy as possible for you!


February 19, 2024 | Permalink | Comments (0)

The U.S.-Mexico Border as a Crisis of Social Reproduction

Daniel  Morales

Daniel Morales offers insights on the Labor and Political Economy (LPE) Project blog on the "crisis" along the U.S./Mexico border.  His thesis:

"What we have, then, is the staging of a crisis by Republican politicians, with Democrats either actively assisting them in this endeavor or sitting in the audience, suspending disbelief. To understand this performance, we need to view it as part of the GOP’s pursuit of a suite of violent hierarchy-enforcing projects, including recent assaults on the LGBTQ+ community, women, K-12 education, affirmative action, and universities. These various projects all seek to address the increasing difficulty of reproducing in the next generation the settler colonial mindset, which, in various forms, has pervaded American society since colonization."


February 19, 2024 in Current Affairs | Permalink | Comments (0)

Happy Presidents Day!

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services

U.S. Citizenship and Immigration Services has released information on U.S. Presidents that is tested on the civics exam for naturalization.


February 19, 2024 in Current Affairs | Permalink | Comments (0)

A Family Ranch, Swallowed Up in the Madness of the Border

Eli Saslow for the New York Times offers a birds-eye view on ranch life along the U.S./Mexico border.


February 19, 2024 in Current Affairs | Permalink | Comments (0)

How NIMBYs are helping to turn the public against immigrants

Eric Levitz on Vox writes about how tighter housing supplies due to immigration might contribute to anti-immigrant sentiment.  The nub of his interesting analysis:

"[T]here is one area where many Democrats are making the politics of immigration more toxic without any help from Trump’s GOP: By suppressing housing construction through restrictive zoning laws, deep-blue municipalities are engineering a situation in which immigrants genuinely threaten the economic interests of native-born residents. If liberals want their country to be more welcoming of immigrants, they need to make their cities’ housing stock more accommodating of newcomers."


February 19, 2024 in Current Affairs | Permalink | Comments (0)

Saturday, February 17, 2024

Pew Research Center: How Americans View the Situation at the U.S.-Mexico Border, Its Causes and Consequences

Pew Research Center Logo

Chart shows Why do Americans think there is an influx of migrants to the United States?

A report from the Pew Research Center finds that "the number of migrants seeking entry into the United States at its border with Mexico has strained government resources, divided Congress and emerged as a contentious issue in the 2024 presidential campaign. Beyond that, however, there are deep differences – over why the migrants are coming to the U.S., proposals for addressing the situation, and even whether it should be described as a “`crisis.'”  Click the link above for details.


February 17, 2024 in Current Affairs | Permalink | Comments (0)

From the Bookshelves: Harold Holzer, Brought Forth on this Continent: Abraham Lincoln and American Immigration 

Hardcover Brought Forth on This Continent: Abraham Lincoln and American Immigration Book

Harold Holzer, Brought Forth on this Continent: Abraham Lincoln and American Immigration (Dutton 2024)

The publisher's summary of the book:

"From acclaimed Abraham Lincoln historian Harold Holzer, a groundbreaking account of Lincoln’s grappling with the politics of immigration against the backdrop of the Civil War.

In the three decades before the Civil War, some ten million foreign-born people settled in the United States, forever altering the nation’s demographics, culture, and—perhaps most significantly—voting patterns. America’s newest residents fueled the national economy, but they also wrought enormous changes in the political landscape and exposed an ugly, at times violent, vein of nativist bigotry.

Abraham Lincoln’s rise ran parallel to this turmoil; even Lincoln himself did not always rise above it. Tensions over immigration would split and ultimately destroy Lincoln’s Whig Party years before the Civil War. Yet the war made clear just how important immigrants were, and how interwoven they had become in American society.

Harold Holzer, winner of the Lincoln Prize, charts Lincoln’s political career through the lens of immigration, from his role as a member of an increasingly nativist political party to his evolution into an immigration champion, a progression that would come at the same time as he refined his views on abolition and Black citizenship. As Holzer writes, `The Civil War could not have been won without Lincoln’s leadership; but it could not have been fought without the immigrant soldiers who served and, by the tens of thousands, died that the `nation might live.’ An utterly captivating and illuminating work, Brought Forth on This Continent assesses Lincoln's life and legacy in a wholly original way, unveiling remarkable similarities between the nineteenth century and the twenty-first."

The author was interviewed on Civil War Talk Radio.  Click here for the New York Times review of the book.



February 17, 2024 in Books, Current Affairs | Permalink | Comments (0)

Friday, February 16, 2024

DACA recipient becomes UC Davis Police officer

Police Department

A bit of good news!  The UC Davis Police Department recently hired its first officer who is a DACA recipient. The opportunity was made possible by a new state law.

In December, Officer Ernesto Moron was sworn in.  "I was excited to start and help out my community here at UC Davis," he said.  He graduated from the university in 2020. Moron "was born in Jalisco, Mexico and came to the United States when he was five years old. His family came to this country with hopes for a better life."


February 16, 2024 in Current Affairs | Permalink | Comments (0)

What Is the “Border Crisis”? A Snowstorm, Humanitarian Aid, and the Border Bill

Todd Miller on the Border Chronicle counters the almost daily news reports about the U.S./Mexico "border crisis":

"During the week, the term `border crisis' was featured prominently in the national airwaves in both political rhetoric and media coverage. Perhaps the term would be appropriate and accurate if it referred to people freezing in the snow and rain, or dying crossing the desert in the summer. Yet, even though thousands have died crossing the world’s most dangerous land border—including record numbers in the past two years—this is almost never mentioned in media reports on the `border crisis.'” 

This is worth a read to get a feel for the humanitarian crisis along the border.  Hat tip to Immigration Courtside.


February 16, 2024 in Current Affairs | Permalink | Comments (0)

Thursday, February 15, 2024

Teaching Break

Teaching any law school class, much less an immigration course, is about getting students to make persuasive arguments. On that front, I highly recommend the following video.

For those of you who teach Torts in addition to immigration... a heads up that this youtuber (who, full disclosure, is my husband) also has a number of videos breaking down Torts-specific concepts.


February 15, 2024 in Teaching Resources | Permalink | Comments (0)