Tuesday, January 18, 2022

Immigration Article of the Day: Deterring Worker Complaints Worsens Workplace Safety: Evidence from Immigration Enforcement by Amanda Grittner & Matthew Johnson

Deterring Worker Complaints Worsens Workplace Safety: Evidence from Immigration Enforcement by Amanda Grittner & Matthew Johnson

Abstract

Regulatory agencies overseeing the labor market often rely on worker complaints to direct their enforcement. However, if workers face differential barriers to complain, this system could result in ineffective targeting and create disparities in working conditions. To investigate these implications, we examine how the onset of Secure Communities—a localized immigration enforcement program—affected occupational safety and health. Counties’ participation in Secure Communities substantially reduced complaints to government safety regulators, but increased injuries, at workplaces with Hispanic workers. We show that these effects are most consistent with employers reducing safety inputs in response to workers’ decreased willingness to complain.

KJ

January 18, 2022 in Current Affairs | Permalink | Comments (0)

Monday, January 17, 2022

WaPo Op-Ed Calls out Biden for Maintaining Trump Immigration Policies

Over at WaPo, opinion columnist Catherine Rampell asks: A year into his presidency, Biden has kept some of Trump’s worst immigration policies in place. Why?

Rampell acknowledges the pro-immigration changes the Biden administration has made: upping the number of refugees the U.S. plans to take, working to evacuate Afghanistanis to the United States.

But, she asks, what about the Remain In Mexico/Migrant Protection Protocols? Rampell calls out the administration for not only ceding to a court demand that the program remain in place but have also expanding the program’s scope "to cover even more categories of immigrants."

"Worse," she writes, "Biden has maintained Trump’s Title 42 order."

Her conclusion is a total punch to the gut:

It’s unclear why Biden has maintained his predecessor’s policies. One possibility is politics — that these choices were intended to stave off right-wing attacks about lax enforcement. If that was the motivation, though, it failed. Instead, Biden has delivered the worst of all worlds: inhumane, immoral, potentially illegal policy — and bad-faith political blowback about “open borders” all the same.

-KitJ

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

Martin Luther King, Jr. on Immigration

King-statue-for-holiday-message

Photo courtesy of UC Davis School of Law

Happy Martin Luther King Jr. Day!

Ming Chen blogged last year blogged about Dr. King's legacy for a diverse America in the 21st century.  Jennifer Chacon has written about how Dr. King has much to teach us about immigration.

A few years ago, Obery M. Hendricks for Huffington Post wrote the following about Dr. King and immigration in words that resonated with me:

"We cannot know for sure what specific policies King would propose or support, but there are several things that we can venture with assurance: that King would condemn the demonization of undocumented immigrants, the name-calling and general characterization of them as rapists and criminals and terrorists; he would condemn the objectification of undocumented immigrants as `illegals,' a term that fails to reflect their humanity and human worth; and he would reject the narrow, legalistic nationalism of the type Clarence Jones attempts to pin on him. But first and foremost, we know that he would have the same measure of concern for the welfare and security of undocumented immigrants that he held for all people of every rank, religion, race and nationality: that they and their children should have adequate food, shelter, clothing, healthcare, education and suitable life-chances.

In other words, Martin Luther King would support any orderly and well administered immigration policy that honors and respects the integrity, wellbeing, and right to liberty, justice, equality and the pursuit of happiness for all people within our borders; and that in humane fashion considers the need for the safety of asylum for those who flee to our borders from danger, death and destruction. As for immigration policies that do not in substance honor the human personality in all these ways, one can be assured that the Martin Luther King, Jr., who said `I choose to give my life for those who have been left out' would stand against them with all of his being."

KJ

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

Sunday, January 16, 2022

Game, set, match: Djokovic loses visa appeal, leaves country ahead of Australian Open

 

The saga of professional tennis champion Novak Djokovi seeking to defend his title in the Australian Open appears to have come to an end.  CNN reports that "[i]n a statement released after his appeal was dismissed on Sunday, Novak Djokovic said he would cooperate with authorities in arranging his departure from the country and confirmed he would not be playing in the Australian Open.  According to CNN, "Judge James Allsop said earlier that the court's ruling to uphold the immigration minister's decision to revoke Djokovic's visa was unanimous."

KJ

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

Immigration Article of the Day: The Racial Roots of the Federal Administrative State by Jonathan Weinberg

The Racial Roots of the Federal Administrative State by Jonathan Weinberg, 45 Administrative & Regulatory Law News #4 (Summer 2020), at 15

Abstract

This brief essay, part of a 2020 symposium on Race and Administrative Law, locates the roots of today’s administrative state in the 1882 Chinese Exclusion Act. The implementation of that law laid the foundations of nearly all of modern U.S. administrative law.

KJ

January 16, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Saturday, January 15, 2022

Lack of Accountability of Immigration Judge: A flawed accountability system?

Yilun Cheng for the Columbus Dispatch offers a troubling and detailed report on the lack of accountability of immigration judges for their actions and statements.  The story tells of an immigration judge deriding "illegals", bullying Latinx noncitizens, in open court and more.  According to the report,

"In May 2021, the Ohio chapter of the American Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review . . . . 

Citing the experience of six anonymous immigrants, . . .  the complaint accuses [an immigration judge] of biases against Latino immigrants, bullying and hostile questioning, a lack of professional competence and other alleged misconducts.

But complainants . . . and their attorneys said they have been disappointed that their efforts did not lead to any lasting changes or that there was little transparency in the investigation process."

The story quotes Austin Kocher, a research associate professor at the Transactional Records Access Clearinghouse, a research institute at Syracuse University.  “Immigration attorneys don’t file these complaints often enough because they still have to practice in front of these judges,” said Kocher, whose research focuses on immigration policies. “You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. There’s just a real lack of systematic accountability.”

KJ

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

Immigration Article of the Day: The Economic Dimensions of Family Separation  by Stephen Lee, Duke Law Journal

Lee

The Economic Dimensions of Family Separation  by Stephen Lee, Duke Law Journal, Vol. 71, No. 4, 2022

Abstract

Migrants in the United States experience varying degrees of harm related to family separation. This article focuses on the economic dimensions of these harms by focusing on transnational remittances, a topic that has generated significant scholarly attention. Within this story, remitters are pitched as heroes and remittances are held up as a critical, market-based solution for solving global poverty. Of course, this picture is incomplete. This account ignores remittance-sending countries and provides only a narrow account of law. This Article focuses on anti-money laundering policies, an important set of U.S. laws that regulate the remittance economy. Examining remittances from this perspective shows that anti-money laundering and antimigration policies form a joint project that regulates the relationship between migrants and their family members. While antimigration laws inhibit migrant mobility, anti-money laundering laws create uneven opportunities for transferring wage earnings to family members left behind on their journey. Recognizing the connection between these areas of the law leads to the Article’s broader contribution: identifying different ways that the law exacerbates or mitigates the economic harms related to family separation. Specifically, anti-money laundering policies help structure the conditions in which migrants engage in expression of affinity across borders, thereby showing the intertwined nature of economic and physical harms within transnational families.

KJ

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

Friday, January 14, 2022

Coronavirus infections inside U.S. immigration detention centers surge by 520% in 2022

Coronavirus

Color me not shocked in the least. CBS is reporting that coronavirus infections inside U.S. immigration detention centers have surged by 520% in 2022:

On Thursday, 1,766 immigrants were being monitored or isolated at ICE detention facilities due to confirmed coronavirus infections, a more than sixfold jump from January 3, when there were 285 active cases, government statistics show.

The number of detainees with active COVID-19 cases represents 8% of the 22,000 immigrants ICE is currently holding in its network of 200 detention centers, county jails and for-profit prisons.

Not good.

It's time to re-read this article by immprof Fatma Marouf (TAMU): The Impact of COVID-19 on Immigration Detention.

-KitJ

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

Middle Eastern and North African Immigrants in the United States

In Middle Eastern and North African Immigrants in the United States, the Migration Policy Institute provides information about migration from the Middle East and North Africa (MENA) region to the United States.  MENA immigration  "doubled between 2000 and 2019, yet these immigrants represented less than 3 percent of the overall U.S. foreign-born population as of 2019. MENA immigrants are more likely than other immigrants to be English proficient, have a college degree, and work in management, business, science, and arts occupations." (bold added).

Figure 1. MENA Immigrant Population in the United States, 1980–2019

'Mena

 

KJ

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

Unrepresented Families Seeking Asylum on "Dedicated Docket" Ordered Deported by Immigration Courts

The latest from TRAC Immigration:

"According to the latest case-by-case records through December 2021 from the Immigration Courts, over 72,000 cases involving asylum seeking families have been assigned to the Court’s “Dedicated Docket” (DD) initiative. The monthly pace of new cases on the Court’s Dedicated Docket ranged from 12,000 – 16,000 a month since August, although it dipped to 10,000 during December[1]. See Figure 1. Dedicated Docket cases made up nearly one in five (18%) of all new Notices to Appear (NTAs[2]) filed at the Court during this period."

Figure1

Click the link above for the full TRAC analysis.

KJ

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

Visa revoked again, Djokovic faces deportation

Breaking news from down under.  The Associated Press reports that tennis star Novak Djokovic's immigration saga continues.  He now

" faces deportation again after the Australian government revoked his visa for a second time, the latest twist in the ongoing saga over whether the No. 1-ranked tennis player will be allowed to compete in the Australian Open despite being unvaccinated for COVID-19.

Immigration Minister Alex Hawke said . . .  he used his ministerial discretion to cancel [Djokovic's] visa on public interest grounds — just three days before play begins at the Australian Open, where Djokovic has won a record nine of his 20 Grand Slam titles."

The case is not over and Djokovic is expected to appeal the visa revocation.

KJ

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

Immigration Article of the Day: Work and Employment for DACA Recipients by Geoffrey Hereen, Yale Journal on Regulation Bulletin

Hereen

Work and Employment for DACA Recipients by Geoffrey Hereen, Yale Journal on Regulation Bulletin, Forthcoming

Abstract

Deferred Action for Childhood Arrivals (DACA) has brought job opportunities and a brighter future to hundreds of thousands of undocumented immigrant youth. Yet some contend that the employment authorization conferred upon DACA recipients renders the program illegal because it conflicts with a supposed purpose of the immigration statute to restrict employment authorization in order to protect domestic workers and deport undocumented immigrants. This essay explains that the statute provides unambiguous authority for employment authorization for DACA recipients, and that the government's recently proposed DACA regulations are lawful insofar as they allow employment authorization for DACA recipients. In addition, the essay offers a historical overview of the regulation of immigrant work and employment in the United States in order to refute the argument that employment authorization for DACA recipients is in conflict with the underlying purpose of the immigration statute. The essay describes how the regulation of employment authorization was informed by libertarian legal doctrine as well as the country’s heavy dependence on immigrant labor, resulting in a policy that restricts the employment of unauthorized workers without making unauthorized work itself illegal. The resulting statutory language grants the executive branch plenary authority to offer employment authorization to DACA recipients.

KJ

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

Thursday, January 13, 2022

Boston Celtic Changes Name to Freedom, calls becoming U.S. citizen ‘unforgettable’

 

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At the end of 2021, Kyle Hightower for the Associated Press reported that a National Basketball Association Boston Celtics player changed his name from Enes Kanter to Enes Kanter Freedom in celebration of him officially becoming a United States citizen. He told AP that taking the citizenship oath was “maybe the most unforgettable moment that I had in my life.” An immigrant from Turkey, he has been an outspoken critic of President Recep Tayyip Erdoğan and the Turkish government.

NPR recently interviewed Freedom about why he changed his name and his support for a boycott of the Olympics in China.

KJ

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

Immigration Article of the Day: Citizenship and Assimilation: Reversing the Tide of Cultural Protectionism at American Samoa by Jason Buhl

Barrry

Citizenship and Assimilation: Reversing the Tide of Cultural Protectionism at American Samoa by Jason Buhl, Barry University - Dwayne O. Andreas School of Law

Abstract

American Samoa is the only U.S. territory where residents have no claim to citizenship via birthright; instead, those born in the territory are granted 'U.S. national' status. This issue has recently been working its way through the federal courts. The U.S. District Court for the District of Utah ruled that American Samoans are entitled to birthright citizenship under the 14th Amendment in 2019. The D.C. Circuit reached the opposite conclusion in 2015, ruling that the question of citizenship in 'unincorporated' U.S. territories is left entirely to Congress under the Territories Clause of the U.S. Constitution. The extension of birthright citizenship via the 14th Amendment to American Samoa would bring both positive and negative outcomes. Supporters note that native islanders can't vote for the president, run for certain offices, or apply for certain jobs. On the other hand, thicker application of the U.S. Constitution could threaten several aspects of 'fa’a Samoa' – the Samoan way of life. Indeed, the American Samoan government was backed by the Obama Administration to resist the extension of birthright citizenship in the Tuaua litigation. Both perspectives can and should be satisfied. The United States is sophisticated enough to allow for unique patterns of territorial governance without also assimilating the local culture. While the extension of the full benefits of U.S. citizenship should be made available to those who want it on an individual basis, that decision should be streamlined but optional. Further, it should be conducted under the Territorial Clause, rather than the 14th Amendment, to allow the islands the flexibility to be governed according to the democratic wishes of locals who actually reside there. Nonetheless, American Samoa should have increased representation in Washington, D.C. beyond their non-voting U.S. Congressperson. Finally, the racist logic contained in the Insular Cases must be affirmatively condemned by the U.S. Supreme Court.

KJ

January 13, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Wednesday, January 12, 2022

Many of those who died in the Bronx apartment fire were from West Africa

 

The horrific fire in New York made the national and international news.  It turns out that, as reported by NPR, "the devastating fire at a Bronx apartment complex this weekend are slowly emerging. Many of those who died are said to have been immigrants from West Africa as well as a part of the local Muslim community."

Gambia's foreign ministry said in statement on Facebook that it was "deeply saddened" to report that 11 Gambians, including six children, were killed in the fire.

UPDATE (Jan. 13):  Elizabeth Keyes let  the ImmProf  listserve know that

"This piece from the NYT really digs into that story, showing how that first migrant from a community (in this case, Gambia) can build a whole world around them.

For anyone interested in supporting the community, African Communities Together does excellent work, and had been connected to families in this particular building long before the fire. They aren't fundraising specifically for this (i.e. no dedicated page on their website) but you can put `in support of' in the donation field, if you're inclined to help: https://africans.us/civicrm/contribute/transact?reset=1&id=1"

KJ

January 12, 2022 in Current Affairs | Permalink | Comments (0)

Pew Research Center: Key facts about U.S. immigration policies and Biden’s proposed changes

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Official White House Photo

Jens Manuel Krogstad & Ana Gonzalez-Barrera for the Pew Hispanic Center offers the latest (and even-handed) account of the Biden administration's immigration actions and proposals, including many facts and figures.

Ft_2022.01.11_bidenimmigration_01

Among other things, the report notes that "Biden has . . . lifted restrictions established early in the coronavirus pandemic that drastically reduced the number of visas issued to immigrants. The number of people who received a green card declined from about 240,000 in the second quarter of the 2020 fiscal year (January to March) to about 79,000 in the third quarter (April to June). By comparison, in the third quarter of fiscal 2019, nearly 266,000 people received a green card."

KJ

January 12, 2022 in Current Affairs | Permalink | Comments (0)

Texas sheriff under investigation for routinely seizing cash from undocumented immigrants

 

Jolie McCullough for the Texas Tribune broke a troubling immigration story that is making the rounds:

"A rural sheriff near the Texas border is under criminal investigation for allegedly having his deputies illegally seize money and a truck from undocumented immigrants during traffic stops.

Last month, investigators with the Texas Rangers and the Texas Attorney General’s Office raided four Real County Sheriff’s Office locations as part of an investigation into Sheriff Nathan Johnson, according to search warrants obtained this week by The Texas Tribune. The investigating Texas Ranger said Johnson admitted to regularly seizing money from undocumented immigrants during traffic stops, even if they were not accused of any state crime, before handing them over to United States Border Patrol agents.

One sheriff's deputy told investigators that `seizing currency from undocumented immigrants and the driver has been standard operating procedure for as long as he has been employed by the Real County Sheriff’s Office,' Texas Ranger Ricardo Guajardo wrote in the warrant requests."

Hat tip to my colleague Carter "Cappy" White.

KJ

 

January 12, 2022 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Escalating Jailhouse Immigration Enforcement: A Report on Detainers Issued by ICE Against Persons held by Local Law Enforcement Agencies in Georgia, North Carolina, and South Carolina from 2016-2018

Escalating Jailhouse Immigration Enforcement: A Report on Detainers Issued by ICE Against Persons held by Local Law Enforcement Agencies in Georgia, North Carolina, and South Carolina from 2016-2018 by Priya Sreenivasan, Jason A. Cade, & Azadeh Shahshahani

Abstract

In January 2017, former President Trump announced Executive Order 13768, in which he pledged to expand 287(g) agreements across the country, a program that deputizes state and local authorities to perform functions of immigration enforcement, and required the Department of Homeland Security to publish a list of counties that refused to honor U.S. Immigration and Customs Enforcement (ICE) detainers (also referred to as “ICE holds”). Through the increased use of 287(g) contracts and other forms of jailhouse immigration screening arrangements, local law enforcement agencies became increasingly involved with federal immigration enforcement during the Trump administration. Although numerous federal courts have ruled that detaining noncitizens solely pursuant to ICE holds violates the Fourth Amendment, ICE continues to use jailhouse screening and detainer requests to facilitate the apprehension, detention, and removal of immigrants across the country.­

This report analyzes the 35,916 ICE detainers that were issued between fiscal years 2016 and 2018 in Georgia, North Carolina, and South Carolina, as well as the state bills and local policies that foster cooperation between ICE and local law enforcement in these states. Between FY 2016 and FY 2018, the number of detainers issued by ICE doubled in North Carolina, nearly tripled in South Carolina, and nearly quadrupled in Georgia. At least half of these detainers (18,099) resulted in people being jailed in immigration detention facilities and the majority of detainers were issued to persons originating from Latin American countries. Almost 93% of ICE detainers were issued to local law enforcement agencies such as county jails, detention centers, or sheri’s departments, at a total cost of millions of dollars per year.

Local law enforcement agencies routinely jailed immigrants on behalf of ICE even in the absence of
formal agreements to collaborate in place. Only three of the top ten local law enforcement agencies
with the highest rates of detainer requests across the three states had active 287(g) agreements during the time period of the report. On average, individuals with detainers were held in local jails for a significant period of time, ranging from two weeks to one month. Individuals who were eventually transferred to ICE detention centers were held in jail for longer periods of time, ranging from an average of 19 days to 43 days. ­e impact of these ICE detainers on local communities was severe. Thousands of immigrants were detained as a direct result of these collaborations. According to the government’s own data, at least 189 of those for whom ICE issued detainers turned out to be not legally subject to removal proceedings, due to U.S. citizenship or other lawful immigration status. Further, the data also show that at least three individuals died while incarcerated subject to a detainer during the time period of this study.

Human rights abuses in ICE detention centers are well documented, and investigative reports have
increasingly revealed poor health conditions, abuse, and other problems within local jails. As the data in this report demonstrate, ICE’s collaboration with local law enforcement has also had a costly and detrimental impact on communities in these states. For these reasons, this report closes with specific recommendations, including calls to end local law enforcement agencies’ involvement in federal immigration enforcement and to eliminate immigrant detention.

KJ

January 12, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Tuesday, January 11, 2022

Celebrating Immprof Books & Book Chapters of 2021 * FURTHER UPDATED *

Book
Vincent Le Moign, CC BY 4.0, via Wikimedia Commons

In addition professional updates, I received a few additional notes about the wonderful things that immigration law professors published in 2021.

Here's an updated list of book chapters that immprofs published in 2021:

And here's an updated list of books authored by immprofs in 2021:

-KitJ

January 11, 2022 in Current Affairs | Permalink | Comments (0)

Celebrating Immprof Achievements in 2021 *UPDATED*

Congratulations
Rahuljakhmola, CC BY-SA 4.0, via Wikimedia Commons

I had a few highlights roll in after this was first posted, so here is an updated thread regarding the wonderful things that immigration law professors around the country had to celebrate in 2021. Check out these professional developments.

New Jobs:

  • Ahilan Arulanantham got his first full-time academic job in 2021: Professor from Practice and Faculty Co-Director at UCLA's Center for Immigration Law & Policy
  • Jennifer Chacón joined Berkeley Law. Before leaving UCLA for NorCal, Jennifer was selected by the students as "Professor of the Year" - the faculty speaker for UCLA Law's 2021 graduation!
  • César Cuauhtémoc García Hernández lateraled to Ohio State University from Denver.
  • Talia Inlender joined UCLA as the Deputy Director of the Center for Immigration Law and Policy.
  • Regina Jeffries became a tenure-track Assistant Professor in the Center for Law, Diversity and Justice at the Fairhaven College of Interdisciplinary Studies at Western Washington University. 
  • Faiza Sayed joined the Brooklyn Law School faculty as an Assistant Professor in Sept. 2021. She is teaching the Safe Harbor Project (the school's immigration clinic) as well as Refugee Law.

Promotions:

  • David Baluarte (W&L) was promoted to full Clinical Professor of Law. (He received tenure in 2018).
  • Ming Hsu Chen (Colorado) was promoted to full professor!
  • Lindsay Harris (UDC) received tenure and promotion to full professor
  • Elizabeth Keyes (Baltimore) received a faculty vote in support of her promotion to full professor. We look forward to celebrating the official promotion in 2022. 
  • Richard Middleton (UM-St. Louis, SLU) was promoted from Associate Professor to full professor.
  • Natalie Nanasi (SMU) received tenure and was promoted to Associate Professor.

Administrative Gigs

  • David Baluarte (W&L) is in his third (and final!) year serving as Associate Dean for Academic Affairs.
  • Lindsay Harris (UDC) began serving as Associate Dean of Clinical and Experiential Programs.
  • Laila Hlass (Tulane) left her role as Director of Experiential Learning & Public Interest Programs, and she was appointed to a new half-time administrative role as Associate Provost for International Affairs.
  • Joe Landau became Associate Dean for Academic Affairs at Fordham.
  • Anita Maddali (NIU) became the Assistant Dean of Students
  • Hiroshi Motomura became the Faculty Co-Director, along with Ahilan Arulanantham (see above under "New Jobs"), of the new Center for Immigration Law and Policy at the UCLA School of Law. He also received UCLA Law's Rutter Award for Excellence in Teaching! 
  • Rebecca Robichaud became Wayne State's Director of Clinical Education.
  • Rachel Settlage became Wayne State's Associate Dean for Academic Affairs.
  • Jonathan Weinberg, just today!, stepped down from the job of Associate Dean for Faculty Research and Development at Wayne State, returning to the regular faculty.

Unique Moves and News:

  • Nora V. Demleitner has left the legal academy. Starting January 1, she will be president of St John’s College, Annapolis.
  • Anita Maddali (NIU) graduated with a Master of Divinity from the University of Chicago in June 2021, a three-year program. She was on-leave from NIU for two years, and then the third year (2020-2021), she taught part-time at NIU. In the fall and winter of 2020-2021, she taught remotely and spent the rest of the time providing spiritual care at Northwestern Hospital, as part of the divinity program, and completing a thesis on shame in the context of illness and grief.

New ALI Members:

BIG Donations:

Congratulations to all!

-KitJ

January 11, 2022 in Current Affairs | Permalink | Comments (0)