Friday, March 31, 2006
House conservatives criticized President Bush, accused the Senate of fouling the air, said prisoners rather than illegal farm workers should pick America's crops and denounced the use of Mexican flags by protesters Thursday in a vehement attack on legislation to liberalize U.S. immigration laws.
The transcript of the oral argument in Hamdan v. Rumsfeld is now available throught the Supreme Court web site.
The transcript of the oral argument in Hamdan v. Rumsfeld is now available throught the Supreme Court web site.http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html
For a story on Justice Scalia's refusal to recuse himself in Hamdan v. Rumsfeld, see http://www.abanet.org/journal/ereport/m31hamdan.html KJ
For a story on Justice Scalia's refusal to recuse himself in Hamdan v. Rumsfeld, see http://www.abanet.org/journal/ereport/m31hamdan.html
For a Congressional Research Service report outlining the issues surrounding various proposals to criminalize unlawful (immigration) presence in the United States, see Download crs_criminalizing_unlawful_presence_mar. 2006 RS22413.pdf
Here are the regulations on the TPS extensions announced yesterday on this blog. Thanks to Dan Kowalski!!!!!!!!!!!!!!!!!!!
And from Bender's Immigration Bulletin, the announcements from DHS of the announcements.
Marc Cooper writes in LA Weely about whether the immigrant marchs this week will result in a backlash like those against Prop 187 did in 1994. His answer is no. See http://www.laweekly.com/dissonance/13024/whose-backlash/
Here is a summary:
For every action, there is an equal and opposite reaction. At least in physics. In politics, however, the equation isn’t always symmetrical. A mild push might invite a whopping Sunday punch. Likewise, an unbridled onslaught might go completely unanswered.
So what about this nationwide chain reaction of immigrant demonstrations, school walkouts, a freeway blockade, and Saturday’s historic rally that brought hundreds of thousands into the streets of Los Angeles? Will this feisty and largely unanticipated show of force by an "illegal" underclass — replete with flapping Mexican flags — provoke some ferocious, crushing backlash of xenophobia and reprisal? Are we in for an amped-up repeat of 1994, when a much smaller downtown demo of Latinos helped fuel, a few weeks later, a revanchist white-voter turnout in favor of the rights-stealing Proposition 187?
This nightmare scenario is what some analysts are predicting. Problem is, they’ve got it backward. The feared nativist backlash has been in full motion now for some time — long before the humongous immigrant demonstration last weekend. The groveling media suck-up to the minuscule Minutemen show (hundreds of journalists shamelessly traipsing behind a few score vigilantes) a year ago established a twisted and ugly frame for a national debate that had been delayed way too long. The Lou Dobbsian jibber-jabber about "broken borders" reached its crescendo last Christmas, when the House passed the outrageous Sensenbrenner bill that would deem all so-called illegal aliens — and their employers — felons. (Undocumented workers currently are in violation of civil, not criminal, codes.)
The anti-immigration movement is known for its organized efforts to lobby on the Hill. An anti-immigration website offers simple and effective tips for phone calls and office visits which would be just as effective when used by those who are pro-immigration. We encourage Immigration Daily readers to take action using the to communicate a pro-immigration message to your Senator. There is no reason why we cannot adopt the proven techniques from the other side. *** David Dixon of the Migration Policy Institute writes " Today, the Asian born are the country's second largest foreign-born population by world region of birth behind those from Latin America."
handy tips provided
The anti-immigration movement is known for its organized efforts to lobby on the Hill. An anti-immigration website offers simple and effective tips for phone calls and office visits which would be just as effective when used by those who are pro-immigration. We encourage Immigration Daily readers to take action using the
to communicate a pro-immigration message to your Senator. There is no reason why we cannot adopt the proven techniques from the other side.
David Dixon of the Migration Policy Institute writes " Today, the Asian born are the country's second largest foreign-born population by world region of birth behind those from Latin America."http://www.ilw.com/articles/2006,0331-dixon.shtm http://www.migrationinformation.org
*** DHS Announces TPS Extension For Nationals Of Honduras And KJ
The DHS announced a 1-year temporary protected status extension to nationals of Honduras and Nicaragua. For the DHS press release, see here.
For the Honduras TPS Q&A, see here.
For the Nicaragua TPS Q&A, see here.
DHS Announces TPS Extension For Nationals Of Honduras And
Here is the latest report from the Pew Hispanic Center on public attitudes toward immigration. http://pewhispanic.org/reports/report.php?ReportID=63
Here is a summary:
Americans are increasingly concerned about immigration. A growing number believe that immigrants are a burden to the country, taking jobs and housing and creating strains on the health care system. Many people also worry about the cultural impact of the expanding number of newcomers in the U.S.
Yet the public remains largely divided in its views of the overall effect of immigration. Roughly as many believe that newcomers to the U.S. strengthen American society as say they threaten traditional American values, and over the longer term, positive views of Latin American immigrants, in particular, have improved dramatically.
Reflecting this ambivalence, the public is split over many of the policy proposals aimed at dealing with the estimated 11.5 million-12 million unauthorized migrants in the U.S. Overall, 53% say people who are in the U.S. illegally should be required to go home, while 40% say they should be granted some kind of legal status that allows them to stay here.
Matthew Bender announces the Fifth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law to be presented at the 2006 AILA Conference in San Antonio.
A member of the Editorial Board of Bender's Immigration Bulletin, Daniel Levy died at the age of 48 on September 14, 2001, in Los Angeles after a long battle with cancer. Mr. Levy was a prolific author, litigator, and scholar, and was widely known and loved by many in the immigration bar.
With this annual award Matthew Bender seeks to honor an individual who emulates the values that informed Mr. Levy's life and work:
- enthusiastic advocacy on behalf of immigrant clients;
- deep scholarship in immigration law; and
- an expansive vision of justice.
We welcome nominations of all persons (not only attorneys), who have been working on the local and/or state level, as well as those who are known on the national level, and those who have been quietly toiling on behalf of immigrants, wherever they may be located.
Readers are encouraged to forward nominations to Ellen Flynn at ellen.m.flynn@LexisNexis.com by May 1, 2006.
Nominations should include as much information as possible about the nominee.
The Editorial Board will select the recipient of the award, which will include a cash prize of $2,000.
From Stephen Yale-Loehr: KJ
Attached is a redacted version of a BIA brief recently filed by the Cornell Asylum/CAT appeals clinic on behalf of local counsel in Minnesota. The asylum case involves a child soldier from Uganda who was an unwilling member of the Lord's Resistance Army before coming to the US. The case also raises issues concerning the one-year deadline for filing for asylum, and whether the "persecutor" bar applies to child soldiers. The teenager won asylum before the IJ; the DHS appealed.
From Stephen Yale-Loehr:
Attached is press release of the National Immigration Project of the National Lawyers Guild announcing press conferences in Seattle, Washington, DC, Boston, San Francisco, Los Angeles, Chicago and New York City on MONDAY, APRIL 3rd. KJ
Each city is hosting a press conference to speak and highlight the buried radical detention and enforcement provisions in this bill. Attend the press conferences in your city to show your support!
Attached is press release of the National Immigration Project of the National Lawyers Guild announcing press conferences in Seattle, Washington, DC, Boston, San Francisco, Los Angeles, Chicago and New York City on MONDAY, APRIL 3rd.
Thursday, March 30, 2006
David Brooks comes out swinging in favor of immigration today. This is not an economic take on the issue. Rather, it is an appeal to social conservatives. Brooks wants to let them know that Latinos are on their side. A link to his NYTimes op-ed is here.
Brooks views Latino immigrants as deeply religious and family-friendly: "the antidote to the excessive individualism that social conservatives decry." He notes that as immigration rates have soared, violent crimes have fallen, as have teen pregnancies and abortion rates. He observes that Latino immigrants generally integrate successfully into the American economy and society. He concludes:
Social conservatives, let me ask you to consider one final thing. Women who have recently arrived from Mexico have bigger, healthier babies than more affluent non-Hispanic white natives. That's because strong family and social networks support these pregnant women, reminding them what to eat and do. But the longer they stay, and the more assimilated they become, the more bad habits they acquire and the more problems their subsequent babies have.
Please ask yourself this: As we contemplate America's moral fiber, do the real threats come from immigrants, or are some people merely blaming them for sins that are already here?
While the editorial raises some interesting issues, I'm betting that, by and large, social conservatives are not going to rush right out to jump on the bandwagon.
The Manchester-based Hallé had been due to visit the US next year for two concerts, including one at the Lincoln centre in New York, the country's principal classical music venue. But managers said yesterday they had cancelled the tour when they realised that the cost of arranging the visas, estimated at £45,000, would render the trip uneconomic.
Other agents said rock musicians, also fed up with the process and expense, were refusing to visit the US to work. Katie Ray, of Traffic Control Group Ltd, which secures visas and work permits mainly for rock bands, said some artists were now choosing not to tour in the US.
Sounds like the INS versus John Lennon all over again? What's the federal government got against music?
The Federalist Society just sent the following to its members:
The debate about Immigration Reform is sweeping across the nation. The Federalist Society presents an exchange on Immigration Reform in the popular "5 Questions" format. To read the first two questions and answers of this discussion, [see attachment]. Additional questions, answers and rebuttals will be posted shortly."
The link is http://www.fed-soc.org/pdf/immigrationreform.pdf
Immigration Reform Bill Update
The Senate Judiciary Committee's immigration reform bill (300 pps.) is due for consideration on the Senate floor where the debate is about to begin at press time. This bill contains a number of amendments to the original Specter bill:
++AgJobs has been included
++DREAM has been included
++there is a provision to limit guest workers to occupations with less than 11% unemployment in a MSA (Metropolitan Statistical Area).
++there is a provision to delay implementation of all sections of the bill for at least 90 days to determine if errors need to be corrected
++there is a provision to exempt nurses and physical therapists from green card caps for 7 years
Apart from the above, most of the new provisions of the reported bill are taken straight from McCain Kennedy. For a helpful summary by Gregory Siskind, see : http://www.visalaw.com/06mar4/
We note that although Senate Majority Leader Frist withdrew his cloture motion yesterday, and press reports suggest that Rep.Hastert and Rep. Boehner are open to compromise, we stand by our opinion that comprehensive immigration reform will die in
conference in 2006.
Justices Hint That They'll Rule on Challenge Filed by Detainee, By LINDA GREENHOUSE, New York Times
March 29, 2006
As the justices of the Supreme Court took their seats Tuesday morning to hear Osama bin Laden's former driver challenge the Bush administration's plan to try him before a military commission, one question — perhaps the most important one — was how protective the justices would be of their jurisdiction to decide the case. The answer emerged gradually, but by the end of the tightly packed 90-minute argument, it was fairly clear: highly protective.
For more of this story, see http://select.nytimes.com/mem/tnt.html?emc=tnt&tntget=2006/03/29/politics/29scotus.html&tntemail0=y