Monday, June 10, 2024

Immprof Anil Kalhan Named 2024-2025 Fellow of National Center for Free Speech and Civic Engagement

Photo_Anil

Immprof Anil Kalhan (Drexel) has been named one of the 2024-2025 fellows of the University of California's National Center for Free Speech and Civic Engagement. The Center's mission is to "explore the intersection of expression, engagement and democratic learning and consider what can be done to restore trust in the value of free speech on college campuses and within society at large."

The subject of Anil's research during this fellowship will be "Democratic Erosion and the Contemporary Assault on Education and Knowledge." As he writes: "Recent campaigns targeting teaching and research on 'controversial subjects' have emerged alongside concerns that democratic governance has been placed more fundamentally at risk. This project examines the relationships between these developments, analyzing the legal architecture and rationales of the contemporary assault on knowledge and drawing connections to wider concerns about democratic erosion." He'll be building on his work with the American Association of University Professors Committee A on Academic Freedom and Tenure and its Special Committee on Academic Freedom in Florida.

Congratulations, Anil!

-KitJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Issues to Consider for Immigrant Clients in Criminal Court

CUNY’s Immigrant & Non-Citizen Rights Clinic and the Immigrant Defense Project are excited to announce a new resource for noncitizen clients who face pending charges in criminal courts. The resource is currently available in English, Spanish, and Haitian Creole. Mandarin is forthcoming.

The resource was written for community members to provide information for noncitizens about their right to advice about the immigration consequences of any plea deal or other outcome in criminal court under Padilla v. Kentucky, the possible risk of a detainer or arrest by ICE connected to the criminal case, and issues for noncitizens to consider when traveling abroad and filing immigration applications during an open criminal case.  This resource is also intended for criminal defense attorneys and immigration advocates to give to noncitizen clients. 

While some information in the resource is New York-specific, much of the information is applicable to noncitizen clients nationwide.

 

KJ

June 10, 2024 in Current Affairs, Immigration Law Clinics | Permalink | Comments (0)

Ohio sheriff fed up with crime stemming from border crisis calls for death penalty renewal

 

From Fox News:   Ohio sheriff fed up with crime stemming from border crisis calls for death penalty renewal

Watch the video.  The claims are amazing.

Hat tip to Nolan Rappaport.

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Border Patrol Turns 100

CBP Seal, U.S. Customs and Border Protection:  U.S. Department of Homeland Security. Links to CBP.gov homepage

 

The U.S. Border Patrol turned 100 years old on May 28Here is a brief summary from the U.S. government as it celebrates the centennial anniversary of the Border Patrol.  

The American Immigration Council (as does this article from Mother Jones) has a slightly different slant:

"The Border Patrol’s centennial provides an opportunity to shed light on the agency’s lack of accountability and to pursue a vision for border communities that is grounded in dignity and human rights.

The Border Patrol was founded in 1924, as part of the same restrictive immigration legislation enacted widespread national origin quotas for the first time. That law, the Johnson-Reed Act, excluded immigrants from Asian countries almost entirely and limited the number of new immigrants to the populations that were present in the United States at the time of the 1890 census—a tactic to exclude Eastern and Southern European immigrants, grounded in deep anti-Semitism. While the law did not directly restrict immigration from the Western Hemisphere, it included funding for the Border Patrol to control the movement of Mexicans into the United States while accommodating West Texas ranchers’ need for labor.

The U.S. government’s first attempt at federal border control followed the Chinese Exclusion Act. The Mounted Guard of Chinese Inspectors patrolled the northern and southern borders to apprehend any unauthorized Chinese immigrants from entering the United States.

But the Border Patrol’s roots can be traced back further, to the Texas Rangers—the law enforcement agency that perpetuated racist and xenophobic violence to keep enslaved Black people from leaving and to exclude Mexican and indigenous people from entering the country. Many of the earliest Border Patrol agents were former Rangers and the culture of racialized policing of the border remained. Southern Border Communities Coalition (SBCC) has documented the history of Border Patrol’s abuses in the borderlands, including its integral role in `Operation Wetback,' where it engaged in military style raids to violently deport over 1 million workers, including U.S. citizens, to Mexico.

The current Border Patrol is a subagency of U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS),"

Kelly Lytle Hernandez has a wonderful history of the Border Patrol.  Her book Migra ! The History of the Border Patrol/ "Focusing on the daily challenges of policing the Mexican border and bringing to light unexpected partners and forgotten dynamics, Migra! reveals how the U.S. Border Patrol translated the mandate for comprehensive migration control into a project of policing immigrants and undocumented `liens' in the U.S.-Mexico borderlands."

Migra! by Kelly Lytle Hernandez

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Are More Undocumented Immigrants Living in the US Now? Here’s What the Numbers Say

KJ

June 10, 2024 in Current Affairs | Permalink | Comments (0)

Sunday, June 9, 2024

Arizona Voters Will Weigh Ballot Initiative To Make Illegal Border Crossing a State Crime

 

 

 

undefined

Photo courtesy of Wikimedia Commons.  The crosses represents migrants who have dies attempting to cross the U.S./Mexico border.

In 2020, Joe Biden won Arizona with a razor thin margin and became President.  As we have blogged, there is lots going on in the battleground state of Arizona as Election 2024 nears.  And expect more.

Fiona Harrigan for Reason offers details about how Arizona voters in November -- when Americans will elect the next President -- will consider a ballot measure that would make it a state crime to unlawfully cross the Arizona-Mexico border. If the measure is passed, law enforcement officers would be authorized to arrest people suspected of unlawfully crossing the border, and state courts would be authorized to order deportations.

Passed by the Arizona House 31–29 along party-lines, House Concurrent Resolution 2060  states that Arizona "is being 'actually invaded' as defined in article I, section 10" of the U.S. Constitution. Besides authorizing law enforcement in the state to arrest undocumented immigrants who cross into Arizona illegally, HCR 2060 creates penalties for people who "present false documents to obtain public benefits or to evade workplace eligibility detection" through the federal E-Verify program. It also strengthens penalties for people who sell fentanyl resulting in death.

Those unlawfully crossing the border for the first time would face a misdemeanor charge, punishable by up to six months in jail. Repeat offenders would face felony charges and could face several years in prison. 

In 2012, the Supreme Court invalidated several provisions of an Arizona immigration enforcement law.  It did not, however, strike down a provision allowing state and local officers to arrest suspected undocumented immigrants.  

KJ

June 9, 2024 in Current Affairs | Permalink | Comments (0)

Saturday, June 8, 2024

Immigration Article of the Day: Representing Noncitizens in the Context of Legal Instability and Adverse Detention Precedent by Nancy Morawetz

Representing Noncitizens in the Context of Legal Instability and Adverse Detention Precedent by Nancy Morawetz, Fordham Law Review, Vol. 92, No. 873, 2023

Abstract

Over the past fifteen years, the initiatives of the Katzmann Study Group on Immigrant Representation have worked to transform the landscape of immigrant representation, expanding access to qualified counsel first in New York and, over time, throughout the country. As we look for initiatives to yield better access to quality counsel in the years ahead, we must once again seek to understand the nature of the challenges to adequate immigrant representation. This Essay addresses three structural aspects of immigration law that have shifted in recent years and present important challenges for delivering adequate representation. The first is the rise of red-state lawsuits that lead to enormous unpredictability about the agency rules under which lawyers can expect to operate. The second is the individuation and constitutionalization of detention law, which is particularly challenging due to the increased transfer of detainees to remote locations. The third is the changing dynamic around choice of law for immigration courts and a disconnect between circuit court and U.S. Supreme Court decisions. This dynamic has created uncertainty about what circuit court rules apply and instability about what substantive rules will apply both in immigration court and on appeal. Each of these phenomena mean that lawyering for noncitizens facing removal is more complex than ever. Although there are opportunities embedded in some of these changes, there are also enormous hurdles that make the task of lawyering extremely complex. This Essay explores the nature of these challenges and suggests ways for legal organizations to prepare themselves for the new landscape.

KJ

June 8, 2024 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Friday, June 7, 2024

Center for Gender & Refugee Studies Condemns Executive Action at the Border and Biden's Proposed Rule

 

June 7, 2024 in Current Affairs | Permalink | Comments (0)

ABA, ACLU Object to President Biden's Immigration Actions

The American Civil Liberties Union and the American Bar Association (ABA) are among the groups opposing President Joe Biden’s executive order curbing asylum eligibility for migrants who illegally cross the southern border during peak periods.

ABA President Mary Smith said in a statement Wednesday the ABA “strongly opposes” the executive order, which “effectively seals the southern border” when illegal border crossings exceed a seven-day average of 2,500.  "This violates critical provisions of the Immigration and Nationality Act, international law and due process. It jeopardizes the safety of thousands of vulnerable individuals and families on both sides of the border and diminishes America’s longstanding role as a sanctuary for the oppressed."

The ACLU said previously that it will challenge the policy in a lawsuit.

"The executive order “was illegal when [former President Donald] Trump did it, and it is no less illegal now,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, in a press release.

KJ

June 7, 2024 in Current Affairs | Permalink | Comments (0)

Trump v. Biden: A Meme

Exactly one week ago, I was listening to the final plenary session of the 2024 Immigration Law Teachers & Scholars Workshop: Preparing for the Next Administration. The panelists--Cecilia Wang (ACLU), Kathleen Bush-Joseph (MPI), and Karen Tumlin (Justice Action Center)--offered cheerful (yes, that's sarcastic) thoughts about what the future of immigration might look like during a Trump 2 or Biden 2 presidency. This was, ironically, days before President Biden's "New Actions to Secure the Border."

Someone on the internet responded with the following meme.

Unknown

There is so much perfection in this image. It reminded me of my kid's comments when registering to vote last month--He's looking forward to making a choice in the upcoming presidential election between "genocide and super genocide."

-KitJ

P.S. I saw the above meme online yesterday and promptly lost track of it. I issued a Twitter call for someone to locate it, and one of my student's came through! The power of the internets unites us.

June 7, 2024 in Current Affairs | Permalink | Comments (0)

ACLU prepares for Possible Trump Presidency with Mass Deportations etc.

 

The ACLU already has a liyigation playbook in the evcent that former President Trump wins the 2024 elect6ion.  The Associated Press reports that

45_donald_trump

Official White House Photo

The American Civil Liberties Union (ACLU) has prepared a memorandum offering possible responses on immigration policy if President Trump returns to the White House.

The memo begins:

"[W]e focus on three areas of significant threats to immigrants and the U.S. communities and families they are a part of, should Trump be elected to a second term. The first is mass deportation: A central promise of Trump’s 2024 campaign is to `carry out the largest domestic deportation operation in American history' once in office. Second, we explore some of Trump’s and his surrogates’ plans to target the core rights of children and families: attacking birthright citizenship, barring undocumented children from schools, and again forcibly separating children from their parents at the border. Finally, we will turn to the Trump team’s strategy to dismantle our nation’s asylum protection system and attack human rights at the border." (bold added).

KJ

June 7, 2024 in Current Affairs | Permalink | Comments (0)

Trump attacks Biden over immigration in battleground Arizona

 

President Biden's border actions continue to be criticized by immigrant rights groups.   Former President Donald Trump has dumped on them as well.   Kierra Frazier for Politico reports that former President Trump railed at President Biden’s immigration measures yesterday in Arizona, a key battleground state in Campaign 2024.

Speaking at a town hall, the former President pledged to scrap Biden’s executive action.  “Biden’s order is not a border security plan,” Trump said. “It’s a concession to the fact that he has lost control over a border. And it’s a really dangerous place. On day one of my administration, I will be rescinding crooked Joe’s outrageous executive order.”   Trump blamed the president for “deliberate demolition of our sovereignty and of our borders.”

“I want to send Joe Biden’s illegal aliens back home where they belong,” Trump said. “They have to go back home because quite simply, Joe Biden wants an invasion. I want a deportation. I want a deportation. On day one, I will seal the border. I will stop the invasion and we will begin the largest domestic deportation operation in the history.”

Immigration is a big issue in Arizona.  Jack Healey for the New York Times reported earlier this week that Arizona's Republican lawmakers have to put a measure in the November ballot that would make unlawfully crossing the border from Mexico a state crime and afford state and local police officers the power to arrest violators and would allow state judges to order deportations.  "Republicans are betting it will fire up anti-immigration conservatives and draw in otherwise unenthusiastic independents. And it could sit on a potentially crowded ballot, along with another measure protecting abortion rights, which Democrats hope will draw out more voters on their side."

KJ

June 7, 2024 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Detained Immigration Courts by Ingrid Eagly & Steven Shafer

 

Ingrid Eagly

Steven Shafer

Detained Immigration Courts by Ingrid Eagly & Steven Shafer, Virginia Law Review, Vol. 110 Issue 3, 691 (2024)

Abstract

This Article traces the modern development and institutional design of detained immigration courts—that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most of whom are charged with only civil violations of the immigration law.

Primary sources indicate that detained immigration courts are concentrated outside major urban areas, most commonly in the South, and often housed in structures not traditionally associated with courts, including inside prisons, jails, detention processing centers, makeshift tents, shipping containers, and border patrol stations. Other defining features of these detained courts include case completion goals prioritizing speed, minimal representation by counsel, heavy reliance on video adjudication, constrained public access, and arrest and venue rules that give the government unfettered control over the court that hears the case. Accompanying these developments, judges working inside detained courts have become increasingly separated from the rest of the immigration judge corps and, when compared to their counterparts in the nondetained courts, are more likely to be male, to have served in the military, and to have worked as prosecutors.

This Article argues that the largely unregulated design elements of detained immigration courts threaten due process and fundamental fairness by fostering a segregated court system that assigns systematic disadvantage to those who are detained during their case. Recognizing the structure and function of the detained immigration court system has a number of important implications for organizing efforts to reduce reliance on detention, policy proposals for restructuring the immigration courts, and future research on judicial decision-making.

KJ

June 7, 2024 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Thursday, June 6, 2024

From the Bookshelves: Advancing Immigrant Rights in Houston by Els de Graauw and Shannon Gleeson (forthcoming Oct. 2024)

Advancing Immigrant Rights in Houston (PLAC: Political Lessons from American Cities)

Advancing Immigrant Rights in Houston by Els de Graauw and Shannon Gleeson (Temple University Press, forthcoming Oct. 2024)

Abstract

Houston is one of the most diverse cities in the United States and has long been a prime destination for international migrants from Latin America, Asia, and more recently, Africa. However, Houston is politically mixed, organizationally underserved, and situated in an anti-immigrant state. This makes Houston a challenging context for immigrant rights despite its rapidly diversifying population.

In Advancing Immigrant Rights in Houston, Shannon and I recount how local and multi-level contexts shape the creation, contestation, and implementation of immigrant rights policies and practices in Houston. We examine the development of a city immigrant affairs office, interactions between local law enforcement and federal immigration enforcement officials, local public-private partnerships around federal immigration benefits, and collaborations between labor, immigrant rights, faith, and business leaders to combat wage theft.

Our case study of Houston provides a bellwether for how other U.S. cities will deal with their growing immigrant populations and underscores the importance of public-private collaborations to advance immigrant rights.

The book will be available in October 2024.

KJ

June 6, 2024 in Books, Current Affairs | Permalink | Comments (0)

Coalition of Organizations Publishes Joint Analysis of President Biden's Border Proclamation

A coalition of organizations--the American Civil Liberties Union, American Immigration Lawyers Association, National Immigrant Justice Center, National Immigration Project, and the Women’s Refugee Commission--have released an informative Joint Analysis of the President's Border Proclamation.

The full Joint Analysis is available here.

The analysis contains four key take aways:

"The new policy will bar access to asylum for most people arriving between ports of entry when the number of apprehensions reaches a certain level. It imposes additional uncertainties and obstacles to asylum building upon existing restrictive policies already in place. The Rule flouts domestic asylum law and the United States’ obligations under the Refugee Convention, and will face immediate legal challenge in the courts.

Under the new policy, nearly everyone arriving at the southern border is deemed ineligible for asylum during periods of time when the Department of Homeland Security (DHS) has determined there to be an average of more than 2,500 people entering between ports of entry per day over a seven day period. As of June 5, 2024 12:05 am EDT, DHS has already determined this trigger to have been reached. There are minimal exceptions to this new asylum ban, including people with CBP One appointments (of which 1,400 are granted per day), unaccompanied children, trafficking victims, and people who face life threatening emergencies.

When the new rule is in place—as it currently is—there will be extremely limited opportunities for people to seek screening for lesser protections known as “withholding of removal” or protection under the Convention Against Torture. Border officials will no longer ask arriving migrants if they are afraid to return to their country, meaning many people will be quickly deported despite their fear. Those who are determined to have expressed a fear will face newly heightened standards to access these limited protections which are far short of asylum, and do not provide a pathway to lawful residence or the ability to reunify with family members.

The Biden administration is claiming as its legal basis for this new rule section 212(f) of the Immigration and Nationality Act (INA), the same provision used by former President Trump to enact the Muslim and African Bans and an asylum ban quite similar to this one that was found unlawful by federal courts."

IE

June 6, 2024 in Current Affairs | Permalink | Comments (0)

President Biden Seeks to Tighten Border Controls

 

Earlier this week, President Biden announced a new border policy.  This NPR podcast reviews the new policy.  As described in The Hill, "Administration officials walked a tightrope announcing the order, a forceful but targeted shift on asylum rights — one that administration officials said is not comparable to the Trump administration’s system-wide crackdowns. "

KJ

June 6, 2024 in Current Affairs | Permalink | Comments (0)

Tuesday, June 4, 2024

FACT SHEET: President Biden Announces New Actions to Secure the Border

Here is the FACT SHEET: President Biden Announces New Actions to Secure the Border,  The FAQ explains that

"President Biden believes we must secure our border. That is why today, he announced executive actions to bar migrants who cross our Southern border unlawfully from receiving asylum. These actions will be in effect when high levels of encounters at the Southern Border exceed our ability to deliver timely consequences, as is the case today. They will make it easier for immigration officers to remove those without a lawful basis to remain and reduce the burden on our Border Patrol agents."

"The Biden-Harris Administration’s executive actions will:  

Bar Migrants Who Cross the Southern Border Unlawfully From Receiving Asylum "

Click the link above for detail.  Expects lawsuits challenging the executive action.

The Department of Homeland Security FAQ is here.

Not everyone is keen on the actions.  Here is one example:

"We did not vote Trump out of office only to get Trump-era immigration policies under the Biden administration

The Florida Immigrant Coalition stands in stark opposition to the New Asylum Rule put forth today by the Biden Administration. This asylum ban is a repeat of an illegal Trump administration ban that was struck down by the courts, when a federal judge ruled against it by saying that the president is `not a monarch.' Our laws guarantee any person who is physically present in the United States or who arrives here—whether or not at a port of entry—the right to apply for asylum. The administration’s categorical ban on asylum for people who cross between ports of entry conflicts with this guarantee in the same way that President Trump’s asylum ban did in 2018.

That this is happening as border crossings are down 54% and shortly after the nonpartisan Congressional Budget Office announced that the economy is expected to grow by $7 trillion in the next decade due to increased immigration is revealing of the short-term thinking and political nature of this decision. In addition, studies have shown that the recent slowing of inflation in the country can be attributed to migrant workers alleviating labor shortages that put pressure on supply chains. 

Instead of focusing on protections like redesignating Temporary Protected Status (TPS), offering Deferred Enforced Departure (DED), and expanding work permits to meet the demands of a growing economy, the Biden Administration has chosen to copy Trump’s illegal asylum ban. It’s a gross betrayal of voters who supported Biden in the hopes of enacting a more compassionate and humanitarian immigration system. 

Renata Bozzetto, Deputy Director of the Florida Immigrant Coalition noted, `The problem is not asylum - which is a humanitarian provision that has successfully protected vulnerable people for decades - the problem is a system that has not adapted to the current needs, including restrictive entries and backlogs created by Trump-era policies which continue to be deprioritized and unaddressed by the Biden administration and members of Congress. There’s no need to posture  to ‘look tough’ on an issue if you address it holistically.'

Yareliz Mendez-Zamora, Federal Campaign Lead for the Florida Immigrant Coalition said, `Voters did not vote Trump out of office only to get Trump-era immigration policies under a Democratic administration. Instead of ineffectively trying to be more anti-immigrant than Trump, the Biden administration should invest more in policies proven to work, such as expanding lawful pathways to citizenship and other protection programs like DACA, TPS, and work permits. The Biden Administration cannot forget the promises made to immigrant communities and voters.'”

Florida Immigrant Coalition

UPDATE (June 5):  ICE Implementation Guidance Memo and Unpublished Rule.  And the cruelest of ironies. 

Biden proclaims June 2024 as National Immigrant Heritage Month Hat tip to Dan Kowalski!

KJ

June 4, 2024 in Current Affairs | Permalink | Comments (0)

Life on the US-Mexico border is chaotic. An immigration scholar explains why − and it’s not for the reasons that some GOP lawmakers claim

The nation awaits President Biden's executive action on immigration.  William McCorkle for The Conversation offers some relevant thoughts: 

As a researcher who has spent countless hours with asylum-seekers and other migrants, I believe that restrictive policies – from either Trump or Biden – are helpful only to organized crime, which is often controlling immigration on the ground along the U.S.-Mexico border.

This often puts asylum-seekers in great danger, both from direct violence from the cartels and from the harsh terrain they must traverse to avoid detection by immigration officials.

If Trump returns to the White House or U.S. President Joe Biden chooses to take a harsher stance, more restrictive border policies could force people who have already fled their homelands to either stay in cartel-controlled camps or risk dying trying to enter the U.S. illegally."

Food for thought.

KJ

June 4, 2024 in Current Affairs | Permalink | Comments (0)

President Biden Poised to Make Immigration Policy Announcement

Eo_1-1-1200x1200

Official White House Photo

There is lots of chatter about President Biden's likely executive action on immigration.  The campaign for the presidency is just starting so we might see more action on immigration.

The order could go into immediate effect, because daily figures are higher than 2,500.

President Biden is expected to announce the actions at the White House at an event to which border mayors have been invited.  Stay tuned!

KJ

June 4, 2024 in Current Affairs | Permalink | Comments (0)

Monday, June 3, 2024

World Refugee Webinar on June 20

On Thursday, June 20 at 1PM ET, the Center for Migration Studies of New York (CMS) will host a webinar and discussion in honor of World Refugee Day. Experts in the field will mark the progress made by the current presidential administration in restoring the US Refugee Admissions Program and suggest areas for further improvement. A Q&A session will follow immediately after the discussion.

Speakers include:

  • Kelly Ryan, President, Jesuit Refugee Service-USA
  • Mark Hetfield, President and Chief Executive Officer, Hebrew Immigrant Aid Society
  • Wendy Young, President, Kids in Need of Defense

Mario Russell, Executive Director at CMS, will moderate the discussion.

For press related matters or general inquiries, please contact Julie Velazquez at [email protected].
 

 
 
 
 
 
 
 
 

REGISTER HERE.

kj

June 3, 2024 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)