Wednesday, January 31, 2018
Oxford University Press has released Race, Criminal Justice and Migration Control: Enforcing the Boundaries of Belonging.
- "A collection of essays that considers how societal practices, laws, and criminal justice institutions delineate who belongs and who does not, and how these factors affect racial minorities across the world, in strikingly uneven ways
- Brings race to the centre of its analysis in order to reveal how migration and its control is inherently racialized
- Demonstrates how the architecture of legislation, the process of criminal justice, and the institutions of criminal justice and border control conspire and coalesce to grant some people citizenship, while denying it to others
- Essential reading for lawyers, criminologists, criminal justice practitioners, migration scholars, and sociologists, as well as general readers approaching the topic for the first time."
ICE has published a Directive clarifying its policy on immigration enforcement actions. It affirms ICE's plans to continue conducting enforcement actions at courthouses, stating that "ICE’s enforcement activities in these same courthouses are wholly consistent with longstanding law enforcement practices, nationwide. " Consistent with signals that ICE uses courthouse arrests as a form of retaliation against jurisdictions that have adopted policies against cooperating with immigration authorities, it claims that "courthouse arrests are often necessitated by the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of aliens from their prisons and jails."
With respect to "[a]liens encountered during a civil immigration enforcement action inside a courthouse, such as family members or friends accompanying the target alien to court appearances or serving as a witness in a proceeding," the Directive states that such persons "will not be subject to civil immigration enforcement action." It adds a noteworthy caveat, though, stating that such a nonenforcement policy applies only "absent special circumstances, such as where the individual poses a threat to public safety or interferes with ICE’s enforcement actions."
For more on ICE courthouse arrests, see Christopher Lasch's essay, A Common-Law Privilege to Protect State and Local Courthouses During the Crimmigration Crisis, Yale L. J. Forum (forthcoming), or Cesar Cuahtemoc Garcia Hernandez's New York Times op-ed, "ICE's Courthouse Arrests Undercut Democracy" (Nov. 26, 2017).
Guest post by Karem Mokom, 2L at The University of North Dakota School of Law School.
For over two weeks now, there has been a lot discussion on mainstream media following the vulgar immigration comments made by the current president of the United States, Donald Trump. Mr. Trump allegedly referred to Haiti and all African countries as “shithole” countries. This sparked a wave of criticism of Mr. Trump in America and around the world.
In the wake of these comments, I wrote a post on my Facebook page lambasting Trump for making those comments, but to my greatest dismay, many people who commented on the post—a majority of them from Africa, and based in Africa, said that Trump was speaking the bitter truth. They seemed to have no problem with Trump describing African countries as “shithole” (although some African leaders expressly asked for an apology from Trump). They accepted that their various African countries are “shithole,” even though they could not say what a “shithole” country is. According to these people, a “shithole” country is a country which has the characteristics that their various countries have: such as corruption, dilapidated roads, poor medical facilities, et cetera.
Notwithstanding the fact that many people who commented on my post believed that Trump’s description of their countries was accurate, they unanimously agreed that “shithole” countries do not produce “shithole” immigrants. That is, a countries level of economic development has nothing to do with the quality of immigrants from that country. On the contrary, immigrants from Africa contribute more to the American economy than they receive. African immigrants work really hard because they not only want to get a better life in America, but they also want to improve the living conditions of their families and communities back in Africa. Trump’s Vulgar comments were, therefore, uncalled for.
-posted by KitJ on behalf of Karem Mokom
ABC News reports on President Donald Trump's first State of the Union address last night, claiming to have fulfilled a number of his key promises while charting the course for the second year of his presidency at the start of what he called a "new American moment." For a full text of the speech, click here.
Representative Joe Kennedy III offered the Democratic response to President Trump's speech. In the response, Kennedy addressed the young immigrants brought to the U.S. as children; he spoke in Spanish as he said Dreamers are a part of America's story and promised that Democrats will not walk away from them.
Tuesday, January 30, 2018
The Fourth Amendment says that “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” But at the border, warrantless searches are OK, even when it comes to our digital devices. With Trump's focus on the border, this is becoming a bigger deal.
Even if Trump makes the case for ‘amnesty’ in his State of the Union address, many Dreamers will still be left out
Over the summer, CBS News did an investigative report into the building of American auto plants by foreign laborers improperly utilizing B1/B2 visas. It's a great way to show that the discussion and concerns of International Union of Bricklayers and Allied Crafstmen v. Meese. (p. 362 in Legomsky's 6th ed.) continue to be live issues 32 years later.
I started with this short synopsis of the report, which I played in it's entirety. It's only 3 minutes long.
Next, I played from 1:07-2:15 0f the segment below. It's a nice synopsis of what B1 is supposed to cover and how B1/B2 classification hides the annual number of business visitors to the United States.
Finally, I played from 7:36-8:33 of this report (it's not on Youtube, but the CBS website). In that minute, a B1/B2 worker talks about how he was coached to make it past immigration at the border by identifying himself as a supervisor.
All in all, a great set of materials to update the case and add to class discussion.
One final note - if you're using Problems 1 & 2 following Bricklayers, check out my earlier post highlighting a NYT article that provides helpful background information on international trucking.
Earlier this week, U.S. Senator Kamala D. Harris announced that Denea Joseph, a Deferred Action for Childhood Arrivals (DACA) recipient who immigrated to the United States from Belize and was raised in South Central, Los Angeles, will be her guest to the 2018 State of the Union Address tonight. A graduate of UCLA, Joseph works for Undocublack Network, which is a group that works with undocumented and formerly undocumented Black immigrants.
UPDATE (1/30 3 p.m. PST): A DNC press release states that many more immigrants will be guests at the State of the Union address:
Donald Trump’s willingness to hold Dreamers hostage to further his hateful agenda is not only against everything Democrats stand for, but it runs counter to the values this country was founded on. Democrats won’t stand for the Republican-manufactured Dreamer crisis being used as a reason to trample over legal immigration laws. More than 20 young Dreamers and immigrants will attend the State of the Union address tonight as special guests of Democratic members of Congress.
Here are some of their stories:
Melody Klingenfuss: Melody Klingenfuss came to the United States from Guatemala when she was 9 years old. She grew up in California, where she earned her bachelor’s degree in Communications and Political Science at California State University, Los Angeles. She graduated with a Master’s degree in Nonprofit Leadership and Management from the University of Southern California. She has conducted a research thesis focused on the representation of undocumented students in mass communication. Melody works as CHIRLA’s California Dream Network (CDN) Statewide Youth Organizer as a devoted advocate for human and immigration rights. She has been a DACA recipient since 2015. Melody will be attending the State of the Union with House Minority Leader Nancy Pelosi.
Angelica Bello: Angelica Bello is a 16-year-old Dreamer from Minneapolis, where she is actively organizing support for legislation to protect Dreamers at her high school and in her community. Angelica will be attending the State of the Union with Representative Keith Ellison.
Elizabeth Vilchis: Elizabeth Vilchis is a Dreamer who was brought to the U.S. from Mexico by her parents at 7 years old. DACA allowed Elizabeth to enter the workforce and to increase her volunteering efforts. Elizabeth earned a Bachelor’s of Engineering in mechanical engineering from the City College of New York in Harlem. She is now focusing on growing LatinoTech and launching a venture capital fund to help fund Latinx entrepreneurs building tech companies. Elizabeth will be attending the State of the Union with Senator Cory Booker.
Cindy Garcia: Cindy Garcia is a wife of a deported Dreamer, Jorge Garcia who was brought to the United States from Mexico by his parents when he was 10 years old. The 39-year-old father of two was deported to Mexico in January despite having no criminal record in nearly three decades of living in Michigan. Cindy will be attending the State of the Union with Representative Debbie Dingell.
Itayu Torres: Itayu Torres was born in Mexico and brought to the United States when she was 6 months old. She grew up in Los Angeles, California and currently working towards college degrees in political science and business. Itayu will be attending the State of the Union with Representative Jimmy Gomez.
Hugo Alexander Acosta Mazariego: Hugo Alexander Acosta Mazariego came to the United States from El Salvador in 2005 at the age of 15 and attended school in Ramapo, New York. He lives in Pearl River with his wife and works as a technology specialist at Apple. Hugo will be attending the State of the Union with Representative Nita Lowey.
Gabriela Hernandez: Gabriela Hernandez came to the United States with her mother when she was 4 years old. She has lived in Prince George’s County, Maryland for the past 15 years and is currently studying to be a social worker. Gabriela will be attending the State of the Union with Representative Steny Hoyer.
Jung Bin Cho: Jung Bin Cho came to the United States from Seoul in 2001 with his parents on a visa that turned out to be invalid. Jung grew in Virginia, where he played high school football and currently attends Virginia Tech University. Jung will be attending the State of the Union with Representative Judy Chu.
Cesar Montelongo: Cesar Montelongo was 10 years old when his family came to the United States from Mexico. He grew up in New Mexico, where he graduated high school with a GPA above 4.0 and ranked third in his class. Today, Cesar is the first DACA student enrolled in the MD-PhD program at Loyola University Chicago Stritch School of Medicine. He is entering his third year of this highly competitive program, and upon completion he will receive a medical degree and a doctorate degree in science. Cesar will be attending the State of the Union with Sen. Dick Durbin.
Denea Joseph: Denea Joseph came to the United States from Belize. She grew up in South Central, Los Angeles, and graduated from UCLA where she advocated for an immigration attorney position at the school, as well as increased and sustainable financial aid for undocumented youth across the University of California System. She has also worked to develop a social justice blueprint to address undocumented access to and retention in institutions of higher learning, and is currently the communications coordinator at an advocacy organization that serves black, undocumented immigrants nationwide. Denea will be attending the State of the Union with Senator Kamala Harris.
Nicholas Perez: Nicholas Perez is a Dreamer who came to the United State from Venezuela at 12 years old. He is a businessman in Broward County, Florida. Nicholas will be attending the State of the Union with Representative Debbie Wasserman Schultz.
Flor de Maria Campos: Flor de Maria Campos is a TPS recipient who arrived in the United States from El Salvador at the end of 2000. Along with her husband Jose Alvarado, who is also a TPS recipient, Flor worked in the restaurant industry until they saved enough money to start their own restaurant. Their first business venture failed, but Flor and Jose have worked harder since to open two restaurants of their own in Las Vegas. On top of managing their restaurants, Jose also works as a chef for a renowned restaurant on the Las Vegas Strip. Flor and Jose have two children who are both U.S. citizens. Flor will be attending the State of the Union with Senator Catherine Cortez Masto.
Ana Campa Castillo: Ana Campa Castillo came to the United States from Mexico when she was 6 years old. She is pursuing an associate’s degree in psychology at Joliet Junior College and is the vice president of Latinos Unidos, one of the largest student organizations. Ana will be attending the State of the Union with Representative Bill Foster.
Miriam Vargas Corono: Miriam Vargas Corona was brought to the United States by her parents at 9 months old and was raised in rural Oregon. She is a graduate of Linfield College in McMinnville, where she currently lives with her husband and 7-year-old son. She works full time at Yamhill Community Care Organization and serves as a board member of Unidos Bridging Communities. Miriam will be attending the State of the Union with Representative Suzanne Bonamici.
Juan Carlos Navarro: Juan was brought to the United States when he was three years old. Juan suffers from Cerebral Palsy and was unable to walk on his own. After multiple surgeries and twelve years of physical therapy, Juan can walk without support. He has become an active member of his community, serving as a diversity mentor and working for the city of Monmouth as a community liaison. Juan is the first in his family to graduate from college and is currently attending graduate school at Oregon State University where he also is a graduate assistant. Juan will be attending the State of the Union with Representative Kurt Schrader.
Edenilson Granados: Edenilson immigrated to the United States from El Salvador in 1999, when he was 16 years old. His Temporary Protected Status allowed him to live and work in the America. Earlier this month, President Trump’s administration cancelled the TPS program for nearly 200,000 El Salvadorans living in the US. Edenilson will be attending the State of the Union with Representative Seth Moulton.
Esder Chong: Esder Chong was brought to the United States when she was 6 from South Korea. Esder is a sophomore at Rutgers University and founded ‘RU Dreamers’ a group of young DREAMers who meet to discuss immigration policy and educate others about their situation. Esder will be attending the State of the Union with Representative Frank Pallone.
Nery Martinez: Nery Martinez, a Temporary Protected Status recipient, fled El Salvador in 1990s and currently lives and works in Las Vegas. Nery is a member of the Culinary Workers Union Local 226 and has a wife who is a TPS holder, and two children who are American citizens. Nery will be attending the State of the Union with Representative Jacky Rosen.
America Moreno Jimenez: America was brought to the United States from Mexico when she was 2 years old. She is currently a high school teacher at Sanderson High School in Raleigh, North Carolina. America’s passion for giving back to her community led her to a career as an ESL teacher, filling an important need. America will be attending the State of the Union with Representative David Price.
Astrid Silva: Astrid was brought to the United States from Mexico at the age of 4. Astrid earned degrees from the College of Southern Nevada and Nevada State College. She is the co-founder of Dream Big Vegas, an organization that advocates for undocumented families. Astrid will be attending the State of the Union with Representative Ruben Kihuen.
Leonardo Reyes: Leonardo Reyes is the co-founder of the Oregon DACA Coalition. Leonardo attended Western Oregon University and now works for the State of Oregon as a bilingual eligibility specialist. Leonardo will be attending the State of the Union with Senator Jeff Merkley.
Immigration Article of the Day: Presidential Power To Protect Dreamers: Abusive or Proper? by Kevin J. Fandel
Many young undocumented immigrants brought to the United States as children, affectionately known as “Dreamers,” enjoy substantial protection from deportation under the Deferred Action for Childhood Arrivals (DACA) program. President Trump’s administration is attempting to withdraw this protection, purportedly in an effort to promote the rule of law by limiting executive overreach into matters of congressional concern. This Essay argues that the attempted rescission of DACA is not only out of step with broadly held American values, but premised on a flawed vision of the relationship between the legislative and executive branches. Our constitutional tradition wisely grants the President flexibility to make social policy through enforcement discretion, within the broad legal contours drawn by Congress. DACA is a legitimate exercise of that presidential power.
Monday, January 29, 2018
President Trump’s Immigration Proposal Holds DACA Recipients Hostage to Extreme Right’s “Wish List” of Immigration Restrictions
Last week, in the latest in a year of immigration bombshells, President Trump floated an immigration reform proposal that would provide relief to the recipients of Deferred Action for Childhood Arrivals (DACA) but would also appropriate billions of dollars to build the wall along the U.S./Mexico border, increase detention and immigration enforcement, reduce family-based immigration in order to end “extended-family chain migration,” and otherwise limit the available immigrant visas. If nothing else, the proposal makes it clear that President Trump, unlike any other president in modern American history, is dedicated to increased immigration enforcement and reducing the overall level of legal immigration.
Congress has debated immigration reform for more than a decade. President Trump’s announcement of the end of DACA created the latest impetus for congressional action. Due to a court order, DACA recipients currently are eligible for renewals but no new applications are being accepted. The President’s proposal would provide a path to legalization for DACA recipients.
However, critics from both the left and the right quickly balked at the President’s proposal. Immigration hawks have decried the “amnesty” for “illegals.” Immigrant advocates claim that the border wall, increased enforcement, and reductions in legal immigration are too steep a cost to pay for a path to legalization for a subset of undocumented immigrants.
In many respects, the nation is back to where it was in 2013 when the Senate passed an immigration reform package with a path to legalization, more enforcement, and tinkering with legal immigration. Like the Trump proposal, the Senate Bill, which the Republican House leadership prevented from coming to a vote, also generated criticism from the left and the right.
We return to the recurring question: how do we as a nation move forward on immigration? Congress could consider a “clean DACA” bill that deals only with the legal status of the DACA recipients and address immigration reform more generally in the future. Or, as President Trump has proposed, Congress could approach more comprehensive immigration reform at this time with legal status for the current DACA recipients coming at the cost of more enforcement and reduced immigration for generations.
While providing relief to some DACA recipients, the President’s proposal would increase immigration enforcement and decrease the numbers of legal immigrants. The doubling down on enforcement would likely increase the fear and trepidation experienced by immigrants across the United States, which has hit high levels as the Trump administration has ramped up enforcement efforts, including most recently through workplace raids with promises of more raids.
In essence, in seeking to reduce legal migration, President Trump’s proposal holds the DACA recipients hostage to fundamental restriction of the U.S. immigration laws and the abandoning of one of its central goals of promoting family reunification. The proposal’s restriction of family-based immigration to the nuclear family would not allow for the admission mothers and fathers, brothers and sisters, and other relatives of immigrants.
Many observers see reducing family immigration as an effort to turn back the clock and reduce immigration from the three biggest immigrant sending countries – Mexico, China, and India, all populated by people of color. Indeed, unlike any modern President, President Trump’s entire approach to immigration focuses on race, national origin, and religion, from his derogatory comments about Mexican immigrants in the presidential campaign, repeated efforts to restrict admission of noncitizens from predominantly Muslim nations, elimination of temporary protected status for 200,000 Salvadorans, to his recent crass statements about restricting immigration from Africa, Haiti, and other developing nations.
In sum, the nation sorely needs immigration reform. However, in seeking to forge a necessary compromise, Congress and the nation must take care to ensure that the compromises are both fair and make policy sense for regulating immigration in the global economy of the 21st century. One-sided compromises that punish immigrants and run counter to national values and ideals simply cannot stand.
ICE at work? The New York Law Journal reports that a federal judge in New York has ordered the immediate release of a well-known advocate for immigrants and refugees from the custody of U.S. Immigration and Customs Enforcement, saying that his detainer amounted to “unnecessary cruelty,” while he awaits deportation for a past criminal conviction.
Granting a habeas petition filed on behalf of Ravi Ragbir, executive director of the New Sanctuary Coalition of New York City, U.S. District Judge Katherine Forrest of the Southern District of New York said it was wrong for Ragbir to be taken into custody on January 11 when he went in for a routine checkup with ICE and was whisked away to a detention facility in Miami.
Richard Brandom for The Verge reports that The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.
Sunday, January 28, 2018
The law firm of Hunton & Williams invites qualified individuals to apply for a two year pro bono fellowship based in its New York office. Applicants must have a demonstrated commitment to a career in public interest law and be admitted to the New York State Bar. The fellow will focus on representing immigration clients through two referral organizations, Kids in Need of Defense (KIND) and the Legal Aid Society of New York. The fellow will also be asked to partner with lawyers in the firm’s New York office on pro bono cases. We expect that the fellow will work two days per week in each of KIND’s and the Legal Aid Society’s offices and one day per week at Hunton & Williams.
The firm intends to fully integrate the fellow into Hunton & Williams, with opportunities available to the fellow for legal training, professional development and social participation that are open to associates at the firm.
Length of Fellowship Program: Two year program (March 2018−April 2020)
Location: Offices of Hunton & Williams LLP, New York office (MetLife Building at 200 Park Avenue), Kids in Need of Defense (KIND) (252 W. 37th Street, Suite 1500), Legal Aid Society of New York (199 Water Street)
Reporting: Assigned to Hunton & Williams Litigation Team, reporting to a Litigation Team partner
Compensation: Salary competitive with the entry level for legal aid and public interest staff attorneys; school loan repayment program; benefits comparable with those afforded to Hunton & Williams’ associates
Interested applicants should apply online and upload a resume, include a law school transcript, a cover letter explaining your interest in the position and desire to pursue a career in public interest law, and a list of at least three references. Admission to the New York bar and prior experience representing immigration clients is required. Spanish language proficiency is strongly preferred. Applications should be submitted no later than February 15. Interviews will be scheduled in February in the offices of Hunton & Williams, New York. EEO/drug-free workplace/E-Verify participant/Female/Minority/Veteran/Disability.
Job #18-0014 (If you wish to submit an application, this number will be necessary for your online submission.)
Here's an interesting development out of Washington State, per the Huffington Post: state authorities announced that they will no longer require drivers to share information about their place of birth, in an effort to prevent ICE officials from relying on state databases to facilitate federal immigration enforcement actions. The state's Department of Licensing announced an emergency rule to implement this change, and appears willing to enact a final regulatory change in the near future. Apparently, the state agency had been sharing information about drivers with immigration authorities, which was then reported in the Seattle Times, and led WA Governor Jay Inslee to order the DOL to cease such information-sharing.
The Catholic Legal Immigration Network (CLINIC) has released a report on country conditions in Syria and the need for continued Temporary Protected Status (TPS) designation for Syrian nationals. According to CLINIC: "Ongoing armed conflict as well as extraordinary and temporary conditions continue to make the safe return of Syrian nationals impossible. Syria is now in the seventh year of a catastrophic civil war that has shocked the world’s conscience and created the largest refugee crisis since World War II. Civilians in Syria suffer loss of infrastructure and widespread displacement. They are subjected to siege warfare and lack of access to food, water and medical aid. They suffer violence, brutality and torture at the hands of the Syrian government, the Islamic State of Iraq and the Levant, or ISIL, and other actors."
Something to Look Forward to? Immigration tops the list of issues for Trump's first State of the Union
CNN reports that President Donald Trump will pitch his immigration plan during his first State of the Union address on Tuesday night, hoping to use the speech to convince skeptical members of both parties that the White House proposal is worthy of support.
Other possible topics of discussion in the Address are outlined in this CBS news analysis.
Saturday, January 27, 2018
One year ago today, President Trump issued Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States. It's been a year of protest and amazing lawyering, a year where courts have repeatedly upheld principles of due process and antidiscrimination.
Check out the Voice of America, which has collected its stories about the year of the ban.
For the most comprehensive set of resources on the travel ban, I recommend Penn State Law's Immigration After the Election page (scroll down to "Resources on Executive Orders & Proclamations on the Travel Ban").
Finally, one bit of commentary that I'd recommend is this opinion piece from CNN: One year after the travel ban, I am not your American Muslim.