Thursday, May 23, 2019

Urban Institute: One in Seven Adults in Immigrant Families Reported Avoiding Public Benefit Programs in 2018

In the wake of the Trump administration’s restrictive proposed “public charge” rule, one in seven immigrant adults report foregoing public benefit programs out of fear that doing so would prevent them from securing a green card, according to new research from the Urban Institute.

“About one in seven adults in immigrant families (13.7 percent) reported ‘chilling effects,’ in which the respondent or a family member did not participate in a noncash government benefit program in 2018 for fear of risking future green card status. This figure was even higher, 20.7 percent, among adults in low-income immigrant families.”




May 23, 2019 in Current Affairs | Permalink | Comments (0)

Report: Report Abused, Blamed, and Refused: Protection Denied to Women and Children Trafficked Over the U.S. Southern Border

Refugees International issued a report that it abstracts as follows:

"The current U.S. administration asserts that its border policies are designed to protect women and children from traffickers. However, its actions tell a very different story. Over the course of the last two years, the administration has failed to protect trafficking victims, as reflected in a dramatic increase in denials of visas for them, resulting from a new and highly restrictive interpretation of requirements under the Trafficking Victims Protection Act. A review of all published appeals of applications for visas for victims of trafficking since 2017 shows that the administration’s decision-making has been particularly dismissive of claims by women and children who have been trafficked over the southwestern border, and has effectively blamed them for their own victimization. Recently implemented policies also scare survivors from coming forward to report abuse and even push them into the hands of traffickers."


Tiffany Hu at Law360 (registration required summarrizers the report:

"More and more trafficking victims are being denied visas because they do not meet U.S. Citizenship and Immigration Services' `new and highly restrictive' visa requirements, according to a report released Wednesday. The report from advocacy group Refugees International, which examined more than 100 appeals decisions for T visas between February 2017 and April 2019, found that visa denials for trafficking victims have gone up from 19% to 46% since President Donald Trump took office. The group attributes that jump to USCIS' new, narrower reading of a statute that offers visas for victims of severe labor or sex trafficking. `Over the course of the last two years, the administration has failed to protect trafficking victims, as reflected in a dramatic increase in denials of visas for them, resulting from a new and highly restrictive interpretation of requirements under the Trafficking Victims Protection Act,' the report states."


May 23, 2019 | Permalink | Comments (0)

Wednesday, May 22, 2019

Tricks Are For Kids

Cake! by Sarah

Guest post by Belzie Barillas, a rising 2L at the Maurice A. Deane School of Law at Hofstra University

“Happy birthday to you, happy birthday to you!”

I’m sure many at the sound of this tune picture family members singing the birthday song, eating some cake, and getting hugs from loved ones.

Now, imagine instead of a song, you get bombarded with men yelling at you to wake up in the middle of the night. Instead of cake, you are told to gather your things that is if they let you. Instead of a hug, you are told to place your hands behind your back, because you’re going to jail.

Unaccompanied alien children who seek a safe haven in the United States are placed in facilities under the Office of Refugee Resettlement (ORR). Then, on their 18th birthday, they are given over to Immigration and Customs Enforcement (ICE) to be placed in a detention center.

Your 18th birthday is suppose to be something fun and memorable. A child should not be counting the days, minutes, seconds, milliseconds, to a year they consider “doomsday.”

Haven’t we learned? Tricks are for kids.

- posted by KitJ on behalf of Belzie Barillas

May 22, 2019 in Current Affairs | Permalink | Comments (0)

Dreamer Creates DREAMers Roadmap, Helps Undocumented Students Dreaming of College


Dreamer's Roadmap

Here is a good immigrant story from Mitu.  Sarahi Espinoza Salamanca, knows first hand how this felt back in 2008 when she found out she didn’t qualify for FAFSA because she was undocumented. “When I was in high school I found out that because I was undocumented I was not going to be able to qualify for FAFSA like all my other friends,” Salamanca, then 18, told Forbes. “I asked my counselor for guidance on other options to finance my college education and she said that people like me didn’t go to college.”

Salamanca, who came to the United States in 1994 from Mexico at the age of 4, had little to no resources to help pay for college.. At that time in California, in 2008, she qualified for some money under AB540, which allows certain undocumented students in-state tuition. However, it didn’t work to help pay for college since Deferred Action for Childhood Arrivals (DACA), an immigration policy that provides qualified undocumented immigrants with a renewable work permit, didn’t exist until 2012.   As a result, Salamanca didn’t go to college directly after high school. Instead, she earned money by cleaning housies and taking care of children.

Salamanca wasn’t the only one facing this dilemma, according to Educators for Fair Consideration, a nonprofit that advocates for undocumented immigrants, about 65,000 undocumented immigrants graduate from high school each year but only 10,000 graduate from college. 

Salamanca took things into her own hands. She would submit an idea proposal to Voto Latino’s Innovator Challenge, which gives awards to five people with the best ideas in STEM aimed at Latinos in the U.S. Her proposal was DREAMers Roadmap, a nonprofit app that helps undocumented students around the country find scholarships to go to college.

Salamanca would win the competition and earn $100,000 to help jump start the app. She began working full time for DREAMer’s Roadmap after getting her associate’s degree from Cañada College in Redwood City in 2015. Since the app launched in 2016, it has helped over 20,000 undocumented students find scholarships.



May 22, 2019 in Current Affairs | Permalink | Comments (0)

Former Virginia AG, Immigration Hardliner, to be Trump Immigration Czar?

Andrew Restuccia and Anita Kumar on Politico report that White House officials have said that President Trump Trump was planning to tap Ken Cuccinelli, former Attorney General of Virginia and immigration hardliner, for a senior position at the Department of Homeland Security, though his exact responsibilities and title remain unclear.  The rumor is raising questions about how Cuccinelli would fit into the White House’s decision-making process on immigration policy.

Cuccinelli had previously been mentioned as a candidate for an immigration “czar” position the White House has considered to help coordinate border policy across federal departments and agencies. Another candidate for that job, former Kansas Secretary of State Kris Kobach, fell out of favor after The New York Times reported he had issued a list of demands that would need to be met before he’d accept the job.

Tapping Cuccinelli would seem to underscore Trump’s continued impatience with his administration’s progress on implementing hardline immigration policies that led to the recent ouster of Homeland Security Secretary Kirstjen Nielsen and other senior DHS officials.

As a Senator in the Virginia legislature, Cuccinelli introduced bills urging the U.S. Congress to amend the 14th Amendment of the U.S. Constitution to revoke birthright citizenship, to allow businesses to sue others that hire undocumented immigrants, and to establish inability to speak English in the workplace as cause for disqualification to receive unemployment benefits.


Cuccinelli himself compared immigration reform to DC's pest control rules, saying, "[I]t is worse than our immigration policy. You can't break up rat families. Or raccoons, and all the rest, and you can't even kill 'em. It's unbelievable."




May 22, 2019 in Current Affairs | Permalink | Comments (0)

With Workers Hard To Find, Immigration Crackdown Leaves Iowa Town In A Bind



President Trump recently unveiled the outline to a "skills-based" immigration reform proposal.  One of the problems with the proposal is that the demand for low- and medium-skilled workers remains high and the President's reform proposal would do little to help.

NPR reports on debate about immigration in the heartland of the United States.  A year ago, federal immigration agents swept into the Midwest Precast Concrete plant in Mount Pleasant, Iowa, and arrested 32 undocumented workers. The raid s at the center of an immigration debate — and an economic problem — in this Iowa community and nationally.

Mount Pleasant is in Henry County, where the 2.3% unemployment rate is so low that employers are struggling to fill 300 open jobs.  The debate in Mount Pleasant mirrors one taking place throughout Iowa, which has one of the lowest unemployment rates in the United States.

Many business leaders worry about a message that Iowa doesn't want immigrants. In February, business leaders formed the Iowa Compact on Immigration, a group aimed at underscoring the positive role that immigrants can play in the state's economy. But such arguments are swimming against the political tide in Iowa, where opposition to illegal immigration remains strong.

A lot of Iowa business owners in towns like Mount Pleasant are facing chronic labor shortages. One solution is to encourage more outsiders to come to the state, including immigrants.  

Jim Zarroli/NPR


May 22, 2019 in Current Affairs | Permalink | Comments (0)

Tuesday, May 21, 2019

Driven Towards Death


Guest post by Ellen Thomas, a rising 3L at Saint Louis University School of Law

Sparks from the welder disappear into the air as construction crews fortify the wall and repair old fencing. The rust colored beams stretch east to west as far as the eye can see, and even into the Pacific Ocean.

Two sets of fencing along this portion of the border separate San Diego, California from Tijuana, Mexico. In contrast with the new fencing whose metal planks that soar into the air, another style of fencing is comprised of heavy concrete that sits much lower to the ground. Studies showed that the tall fences disrupted the migratory patterns of butterflies. The tall fences are too narrow and too tall to allow a butterfly to pass through on their natural routes north and south. The butterflies, unable to pass, either perish on site or are forced into unsuitable habitats.

Statistics demonstrate the utility of border walls, but the question of their humanitarian impact remains. While numbers reflect the efficacy of the border wall, the number of migrants dying in deserts trying to pass into the United States is on a steady increase. Like the butterflies who are unable to pass through the border wall, migrants too are forced to either remain in unlivable locations or forced into unsuitable environments. Hundreds of people die annually crossing the desert due to exposure and dehydration, and giving resources and water to needy people in the desert is often criminalized. Expensive fencing remedies the problems faced by the native butterfly species, but what about the human impact?

It is no question that the push-pull factors of human migration are a complex beast. But the simplicity of butterfly migration demonstrates the danger a wall creates. The migration of people and butterflies is a reflection of the survival instinct. The rusty metal beams might deter crossings locally, but nothing can deter those on a mission to survive.

- posted by KitJ on behalf of Ellen Thomas

May 21, 2019 in Current Affairs | Permalink | Comments (0)

From the Bookshelves: The Border (updated edition June 2019)

Former Obama Administration Executive Director of Policy and Planning for U.S. Customs and Border Protection, David J. Danelo spent three months traveling the 1,952 miles separating the United States and Mexico—a journey across four states and two countries, through a world of rivers and canals, mountains and deserts, highways and dirt roads, fences and border towns.

Danelo’s new book is The Border: Journeys along the U.S.-Mexico Border, the World’s Most Consequential Divide (Stackpole Books, June 2019).

“The border David follows in this book is the not the one of myth and political invective, but the real border, the one that exists for people who live in communities near the border,” Migration Policy Institute President Andrew Selee says in his foreword. “A space where people from two countries—and sometimes many countries—interact through trade, family connections, and shared pursuits, almost as if the line separating them didn’t exist.”

Originally published in 2008, this fully revised and updated edition traverses the length of the border and a decade of shifting policy and attitudes surrounding this hotly contested area—bringing readers up to speed on current border circumstances, while reframing the national immigration dialog with an eye toward our core values.

The border

Danelo’s investigative report about a complex, longstanding debate examines the border in human terms, through a cast of colorful characters.

As topical today as it was when Danelo first made his trek, this revised and updated edition answers the core questions: Should we close the border? Is a fence or wall the answer? Is the U.S. government capable of fully securing the border?

A Senior Fellow at the Global Initiative Against Transnational Organized Crime, Danelo has conducted field research for the Departments of State, Defense, and Homeland Security. Denelo consults on international border management, investigates geopolitical risk, and writes about intersections between policy, security and culture.


May 21, 2019 in Books | Permalink | Comments (0)

Thousands of Immigrants Suffer in Solitary Confinement in ICE Detention

The Intercept and the International Consortium of Investigative Journalists (ICIJ) have partnered on a long form investigation focused on ICE’s detainee practices and discovered that “ICE uses isolation as a go-to tool, rather than a last resort,” to both “manage and punish even the most vulnerable detainees.”

 In a “review of more than 8,400 reports describing placements of ICE detainees in solitary confinement,” Intercept and ICIJ reporters found that ICE “has used isolation cells to punish immigrants for offenses as minor as consensual kissing, and to segregate hunger strikers, LGBTQ detainees, and people with disabilities.”


May 21, 2019 in Current Affairs | Permalink | Comments (0)

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

Building on the success of the Inaugural Equality Law Scholars’ Forum held at UC Berkeley Law in 2017 and at UC Davis Law in 2018, and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco; Angela Onwuachi-Willig, Boston University; and Leticia Saucedo, UC Davis) announce the Third Annual Equality Law Scholars’ Forum to be held in Spring 2020.  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, 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 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 March 13-14, 2020 at the University of San Francisco School of Law.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by August 1, 2019.

Full drafts of papers must be available for circulation to participants by February 28, 2020.

Proposals should be submitted to:

Leticia Saucedo, UC Davis School of Law,  Electronic submissions via email are preferred.



May 21, 2019 in Current Affairs | Permalink | Comments (0)

Reverse migration: Americans heading south across U.S.-Mexico border

The Washington Post and The Independent contain an interesting story about southward migration across the U.S.-Mexico border: "President Trump regularly assails the flow of migrants crossing the Mexican border into the United States. Less noticed has been the surge of people heading in the opposite direction. Mexico’s statistics institute estimated this month that the U.S.-born population in this country has reached 799,000 — a roughly fourfold increase since 1990. And that is probably an undercount. The U.S. Embassy in Mexico City estimates the real number at 1.5 million or more."

The migrant flow contains both U.S. citizens and returned Mexican nationals. The U.S. citizens include workers in the digital economy who can work wherever they choose, retirees, and U.S.-born kids who want to reunite with Mexican families. The returning Mexicans include individuals who want to reunite with families and deported migrants. As the article reports, "If the thousands of Mexicans moving home are taken into account, the flow of migrants from the United States to Mexico is probably larger than the flow of Mexicans to the United States."

The U.S. population in Mexico is still much smaller than the Mexican immigrant population north of the border, but the American migration and settlement is impacting Mexican communities. It is altering the character of schools, injecting money into the Mexican economy, and leading to renovation of homes in historic centers. Some municipalities celebrate American holdiays like Thanksgiving and political leaders make speeches in English and Spanish. In other words, the cities welcome American immigrants. As one mayor said, "Despite the fact that Donald Trump insults my country every day, here we receive the entire international community, beginning with Americans, with open arms and hearts,” Villareal said. Mexican authorities say that many of the Americans are probably undocumented — typically, they’ve overstayed their six-month visas -- but the government does not pressure the Americans to have documents in order and typically assesses a small fine.


May 21, 2019 in Current Affairs | Permalink | Comments (0)

Deaths on the Border -- While in U.S. Custody


Since December, five children have died at Border Patrol stations along the U.S.-Mexico border, reports Nomaan Merchant at the Associated Press. The latest was a 16-year-old Guatemalan migrant who died yesterday, and whose cause of death remains unknown. It remains unclear why he was detained for a week rather than placed in a U.S. Department of Health and Human Services facility within 72 hours, as federal law requires.

All five migrant children who passed away in U.S. custody in the past year were from Guatemala, “an impoverished Central American nation that has been wracked by severe drought and gang violence, and where smugglers have been offering discount rates to families interested in traveling to the United States,” writes Abigail Hauslohner at The Washington Post.


May 21, 2019 in Current Affairs | Permalink | Comments (0)

Border Changes

I am currently in San Diego, California, with law students from around the country, teaching Hofstra's Immigration Law and Border Enforcement course. Over the next week, you may hear from some of these students as they report back on our experiences at the border.

Yesterday morning, we toured the U.S.-Mexico border with Border Patrol. I was absolutely shocked to see the difference on the border in just one year.

The primary fencing that had been in place since the Clinton administration has been largely dismantled. Here is what the fencing used to look like. It was made from landing mats dating to the Vietnam War.


Now, for several miles in San Diego, the primary fence looks like this: 


At the same time, the secondary fence that has been in place since 2006 has also changed. Stretches of the fencing continue to look as they have for years.


But in many areas the secondary fencing now looks like this:


The concrete base extends four feet into the ground. And each of those steel bollards is filled with concrete. Here is what the different fencing looks like side-by-side:


Down at the beach where the fencing ends has also dramatically changed. For years, it looked like this:


Now this entire stretch is covered in coils and coils of concertina wire.


I am a news junkie. I knew things were changing at the border. Yet I was surprised to see such a rapid and dramatic transformation of the physical landscape.


May 21, 2019 in Current Affairs, Photos | Permalink | Comments (0)

The countries with the highest immigrant populations


Stef W. Kight on Axios offers some interesting data on the "Share of foreign born in select countries, 2017"

U.A.E.  88%

Qatar 65%

Singapore 46%

Saudi Arabia 37%

Australia 29%

Israel 24%

Canada 21%

Germany 15%

U.S. 14%

Spain 13%

U.K. 13%

France 12%

Japan 2%

Brazil <1%

China <1%

India <1%


May 21, 2019 in Current Affairs | Permalink | Comments (0)

Flint Whistleblower Wins Vilcek-Gold Award for Humanism in Healthcare


The Vilcek Foundation has teamed up with The Arnold P. Gold Foundation to create a new award recognizing immigrant contributions to humanism in American healthcare. The inaugural Vilcek-Gold Award for Humanism in Healthcare is bestowed to Dr. Mona Hanna-Attisha, an immigrant born in the United Kingdom to parents of Iraqi descent, for research and activism that brought national attention to the lead poisoning of children in Flint, Michigan, through the public water supply.

The Vilcek-Gold Award recognizes, in equal measure, immigrant service to American public health and the transformative impact of humanism—an ideal that puts human interests, values, and dignity at the core of healthcare. Dr. Hanna-Attisha is receiving the award not only for her role in the Flint water crisis, but also for her continued activities as the director of the Michigan State University–Hurley Children’s Hospital Pediatric Public Health Initiative, serving as a champion for underprivileged kids worldwide.

Often known by friends and patients alike as Dr. Mona, she immigrated to the U.S. as a child with her family in 1980. Saddam Hussein’s rule in her parents’ homeland of Iraq meant the rise of fascism, oppression, and dictatorship, and the family relocated to Michigan. Here, Dr. Mona went on to receive her bachelor’s and master’s degrees in public health from the University of Michigan and her medical degree from Michigan State University College of Human Medicine; she completed her residency at Children’s Hospital of Michigan in Detroit.

As a pediatrician and associate professor at Michigan State University College of Human Medicine, in 2015 Dr. Mona noticed high blood lead levels in Flint children after the city’s water supply was switched to a new source as a part of austerity measures the previous year.

Despite denials from state officials that the water source was responsible for the elevated blood-lead levels, Dr. Mona’s research and persistent advocacy, along with that of Flint community activists, resulted in city management acknowledging wrongdoing, switching the water supply back to a safe source, and committing to long-term public health measures to mitigate the effects of lead poisoning.


May 21, 2019 in Current Affairs | Permalink | Comments (0)

Monday, May 20, 2019

State of Play in Immigration Policy

Doris Meissner and Julia Gelatt's MPI Report Eight Key U.S. Immigration Policy Issues: State of Play and Unanswered Questions (2019) highlights unresolved questions that merit attention. The report says: "The United States is witnessing one of the most dynamic policy periods in the immigration arena, with the Trump administration moving to reshape many facets of the immigration system with use of its executive powers. The administration’s marked activity on the immigration front contrasts sharply with Congress, which has been largely unable to tackle substantive change to the immigration system over nearly two decades.

While the administration has been significantly focused on the border, this report examines a range of policy areas that have not been at the forefront of debate but deserve greater information sharing with the public and policymakers. “This period of significant action by the executive branch, which has surfaced a real questioning of long-held immigration policies and practices, presents a new opportunity for lawmakers to inject policy ideas of their own into what have been prolonged, often stagnant, legislative debates,” the report states.

Among the questions it asks:

  • What achievable definition of border security should the federal government be measured on? And what border spending is likely to generate the highest returns on investment, in particular in an era where migration patterns have changed significantly and the U.S. government is spending one-third more on immigration enforcement than on the combined budgets of the FBI, Drug Enforcement Administration, Secret Service, U.S. Marshal’s Service, and Bureau of Alcohol, Tobacco, Firearms, and Explosives?
  • With the H-1B visa program the main vehicle through which U.S. employers can sponsor skilled foreign workers for admission, what program reforms would address concerns about the replacement of U.S. workers while still meeting employer needs?
  • With 1.6 million unauthorized immigrants eligible for green cards as the spouses or minor children of U.S. citizens or green-card holders, is it time for Congress to revisit the three- and ten-year bars on re-entry that are blocking most unauthorized immigrants who could be sponsored by a relative or employer from applying for fear of triggering lengthy absences from the United States?

Cross-referencing this report with the positions of the presidential candidates on immigration would make for interesting debates, indeed. A list of where many of the presidential candidates stand on immigration appears here


May 20, 2019 in Current Affairs | Permalink | Comments (0)

Saturday, May 18, 2019

Fourth Circuit rules DACA rescission unlawful

Nicholas Wu from USA Today announces that on Friday May 17, 2019, a federal appeals court ruled that the Trump administration's rescission of the Deferred Action for Childhood Arrivals program, or DACA, was unlawful, reversing a decision by a lower court.  

In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit ruled that the Department of Homeland Security had not followed the law in terminating the program. The court found that the way in which the Trump administration ended the program in September 2017 was “arbitrary and capricious” and thus a violation of the Administrative Procedure Act (APA).

This ruling does not have any immediate effect because rulings by other courts have required that DACA by kept in force. In November 2018, the Ninth Circuit Court of Appeals upheld a nationwide injunction that allowed DACA to remain in effect. 

“Hundreds of thousands of people had structured their lives on the availability of deferred action during the five years between the implementation of DACA and the decision to rescind,” the Fourth Circuit judges wrote in the majority opinion. “Although the government insists that Acting Secretary Duke considered these interests in connection with her decision to rescind DACA, her Memo makes no mention of them.”

UPDATE 4th Circuit opinion 


May 18, 2019 in Current Affairs | Permalink | Comments (0)

Acting secretary blocked Stephen Miller’s bid for another DHS shakeup

Nick Miroff and Josh Dawsey for the Washington Post report on the latest political intrigue surrounding the U.S. Department of Homeland Security, which recently saw its Secretary (Kirstjen Nielsen) step down:

"An attempt by President Trump’s senior adviser Stephen Miller to engineer a new shake-up at the Department of Homeland Security was blocked this week by Kevin McAleenan, the department’s acting secretary, who said he might leave his post unless the situation improved and he was given more control over his agency, administration officials said.

The closed-door clash flared over the fate of Mark Morgan, the former FBI official the president has picked to be the new director of U.S. Immigration and Customs Enforcement.

With Morgan eager to move into the top job at ICE, Miller on Wednesday urged the president to have Morgan installed as the new commissioner of U.S. Customs and Border Protection (CBP) instead.

McAleenan the next day told senior White House officials that he — not Miller — was in charge of the department, said three Trump administration officials, who spoke on the condition of anonymity to describe internal tensions one Trump aide likened to an `immigration knife fight.'" 


May 18, 2019 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Does the United States Need to Invest More in Border Enforcement? by Donald Kerwin and Robert Warren


Does the United States Need to Invest More in Border Enforcement? by Donald Kerwin and Robert Warren

Despite the largest immigration enforcement budget in US history, the Border Patrol is set to apprehend the highest number of border crossers in more than a decade. This essay argues that the administration’s enforcement-only approach cannot successfully address this humanitarian crisis, and does not deserve any additional funding. Instead, the administration should respond to the conditions driving Central American and Venezuelan asylum seekers, provide protection for those fleeing violence and other impossible conditions, and create a strong, well-resourced US asylum system.



May 18, 2019 in Current Affairs | Permalink | Comments (0)

Friday, May 17, 2019

Joining Ninth, Fourth Circuit Finds Trump Administration's Rescission of DACA Unlawful

Fourth circuit

Joining the Ninth Circuit, the U.S. Court of Appeals for the Fourth Circuit, in an opinion by Judge Albert Diaz, joined by Judges Robert King, with Julius N. Richardson dissenting in part, affirmed a finding of the district court that the Trump administration's rescission of DACA was unlawful:

"we agree with the district court that Plaintiffs’ challenges are subject to judicial review. We also agree with the district court that the government’s decision to rescind DACA did not require notice and comment under the APA. But the decision nonetheless violated the [Administrative Procedure Act] because—on the administrative record before us—it was not adequately explained and thus was arbitrary and capricious."

Jaqueline Thomsen for The Hill summarizes the opinions in the Fourth Circuit decision.


May 17, 2019 in Current Affairs | Permalink | Comments (0)