Friday, October 28, 2022

RICE launch event on belonging

RICE Launch flyer 10-7-2022 white

On Friday, November 18 (11:20-12:20pm), the Center for Race, Immigration, Citizenship and Equality (RICE) at the University of California Hastings College of Law will offer a panel discussion that will focus on the theme of “othering and belonging.” It will feature scholars whose research and teaching illuminate the value of taking an intersectional, interdisciplinary, or comparative approach to the topic, with an emphasis on racial equality and integration. Speakers include: Professor Irene Bloemraad, UC Berkeley Interdisciplinary Migration Initiative; Professor Raquel Aldana, UC Davis Global Migration Center and Davis Law; Professor Hiroshi Motomura from UCLA Law and the Center for Immigration Law & Policy; and Professor Tomas Jimenez, Stanford University Sociology and Center for Comparative Race and Ethnicity / Immigration Policy Lab. The event will be open to the UC Hastings community inperson; it will be livestreamed for the broader immprof community.

This event will serve as the launch for the center, which is established by ImmigProf blogger Prof. Ming H. Chen. Stay tuned for more events, including a spring 2023 colloquium series.

RSVP here: RICE Conference | UC Hastings Law | San Francisco

 

October 28, 2022 in Conferences and Call for Papers, Data and Research | Permalink | Comments (0)

Immigration Article of the Day: The Immigration Implications of Presidential Pot Pardons by Jason A. Cade

The Immigration Article of the Day is CadeHead_0 The Immigration Implications of Presidential Pot Pardons by Jason A. Cade, just posted on SSRN. Here is the abstract:

This essay examines the immigration implications of President Joe Biden's Proclamation on October 6, 2022, which pardons most federal and D.C. offenders—including lawful permanent residents—who have committed the offense of simple marijuana possession. When used this way, the Art. II clemency power serves a communitarian, forward-looking function—in this case by giving legal effect to a societal recalibration of what constitutes appropriate punishment for marijuana possession and a growing awareness of the racially disproportionate impact that arrests and prosecutions for this crime tend to produce.

With respect to the impact of pardons on efforts to avoid deportation or to gain lawful admission to the United States, however, ambiguities lurking in the Immigration & Nationality Act (INA) raise unsettled complications. Through most of the nation’s history, both gubernatorial and presidential pardons effectively negated the effect of the pardoned crime for immigration purposes. Toward the end of the twentieth century, however, Congress muddied the waters by amending key provisions of the INA. These amendments, in turn, led the Board of Immigration Appeals (BIA) to infer legislative intent to make pardons ineffective in the immigration context, except with respect to four specifically-enumerated removal categories—which do not included controlled substance offenses. While the Supreme Court has not yet assessed these rulings, lower federal courts have deferred to the agency's interpretation.

All of the immigrant pardon cases to reach the courts thus far, however, have concerned state prosecutions and gubernatorial pardons, such that governing federal law has been given preemptive effect. Presidential pardons, on the other hand, raise a specialized separation-of-powers problem in light of long-undisturbed precedent interpreting the Article II pardon power as immune from congressional constraint. According to the analysis I offer, a lawful permanent resident with a pardoned federal marijuana possession conviction facing deportation should ultimately prevail in light of the broad scope of the presidential pardon power. But the constitutional question need not be fully resolved. At the end of the day, I argue, there are reasons to doubt Congress in fact intended what the BIA has inferred, and a reasonable alternative construction would give effect to President Biden's drug-possession pardons while prudently avoiding the constitutional danger zone animated by the BIA’s statutory interpretation.

The essay concludes with a set of considerations to which policymakers should attend as they contemplate the adoption of reformatory programs that impact immigration rules. Although the Biden Proclamation too-tightly cabins which noncitizens fall within its reach, it is a step in the right directions and may well foreshadow additional reforms, including future moves by legislative and executive branches at both federal and state levels.

IE

October 28, 2022 in Data and Research | Permalink | Comments (0)

Thursday, October 27, 2022

NEW GAO REPORT on Immigration Detention

Yesterday the GAO issued a new report titled Immigration Detention: Actions Needed to Collect Consistent Information for Segregated Housing Oversight. Here is a summary of some of their findings:

"U.S. Immigration and Customs Enforcement can, under certain circumstances, place detained noncitizens in segregated housing—one to two person cells separate from the general population. There were 14,581 such placements from FYs 2017-2021.

ICE oversees segregated housing, and also monitors placements involving vulnerable persons—e.g., those with medical or mental health conditions. But it relies on reports and data that don't always have enough detail about the circumstances leading to a placement, or indicate that a placed person is vulnerable.

As a result, ICE can't adequately oversee segregated housing."

Example of a Segregated Housing Cell in an ICE Facility included in the GAO report:

bunks beds and a toilet in a housing cell

IE

October 27, 2022 in Data and Research | Permalink | Comments (0)

Celebrating Richard Alba's immigrant assimilation theories

Alba

CUNY Graduate Center has organized a festschrift to celebrate the scholarly legacy of Richard Alba. Alba is a distinguished professor of the sociology of immigration. His scholarship on "assimilation theory" laid a foundation for understanding the contemporary, multi-racial era of immigration, with studies in America, France and Germany. His seminal texts on assimilation theory (written with Victor Nee), Remaking the American Mainstream (2003) and Rethinking Assimilation Theory for a New Era of Immigration won the Thomas & Znaniecki Award of the American Sociological Association and the Eastern Sociological Society’s Mirra Komarovsky Award among others. They are among the most-cited work in sociology writ large and spawned a generation of sociologists writing about immigrant incorporation and including segmented assimilation, many of whom will be speaking at the CUNY conference on November 18, 2022.

MHC

 

October 27, 2022 in Conferences and Call for Papers, Data and Research | Permalink | Comments (0)

Wednesday, October 26, 2022

TRAC Updates Immigration Judges Reports with Data and New Design

The Transaction Records Access Clearinghouse (TRAC) at Syracuse University updated their Immigration Judge reports today with new data and a new design that is easier to navigate, includes cleaner graphics, and includes significant revisions to individual judge text to more accurately reflect factors involved in asylum outcomes.

The reports are available to the public here: https://trac.syr.edu/immigration/reports/judgereports/

- Austin Kocher

October 26, 2022 in Data and Research | Permalink | Comments (1)

Wednesday, October 19, 2022

NEW GAO REPORT: Southwest Border: Challenges and Efforts Implementing New Processes for Noncitizen Families

On October 17, 2022 the U.S. Government Accountability Office publicly released a new report, Southwest Border: Challenges and Efforts Implementing New Processes for Noncitizen Families.

Here is the GAO's summary of its findings:

U.S. Border Patrol's implementation of the Notice to Report (NTR) process created challenges for U.S. Immigration and Customs Enforcement (ICE), which the agencies sought to address in developing the parole plus Alternatives to Detention (ATD) process. In March 2021, Border Patrol initiated the NTR process to reduce agents' administrative processing times by releasing noncitizen family units (parents and children under 18) without Notices to Appear. However, Border Patrol and ICE identified challenges with the NTR process. ICE officials stated they were concerned that family units were not reporting to field offices as required. Further, ICE had difficulty locating some of these individuals due to limited address information. Border Patrol released about 94,000 family unit members with an NTR before terminating this process in November 2021.

In July 2021, Border Patrol and ICE initiated a second process whereby agents release family units into the U.S. on humanitarian parole and enroll the heads of household in ICE's ATD program (or, parole plus ATD). ATD uses case management and electronic monitoring to help ensure noncitizens comply with their release conditions, allowing ICE to better track those released without a Notice to Appear. From July 2021 through February 2022, Border Patrol released about 91,000 family unit members under parole plus ATD.

ICE has efforts underway to initiate removal proceedings for family units that Border Patrol released with an NTR or under parole plus ATD. As of March 1, 2022, about three-quarters of family unit members (nearly 140,000) had reported to an ICE field office. To try to locate those who had not reported, ICE undertook several nationwide enforcement operations between November 2021 and June 2022. ICE officials stated family units that do not report, or that ICE does not locate, are to be referred for further enforcement action on a case-by-case basis to focus on the greatest threats to homeland security.

As of March 20, 2022, ICE issued Notices to Appear to about half of all family unit members (about 100,000) processed with an NTR or under parole plus ATD. According to ICE officials, ICE faces resource constraints processing those who report and issuing Notices to Appear. In July 2022, U.S. Customs and Border Protection and ICE issued a new policy under which they will share responsibility for initiating removal proceedings for those released without Notices to Appear.

IE

October 19, 2022 in Data and Research | Permalink | Comments (0)

Tuesday, October 11, 2022

New TRAC report reveals data on ICE's 'alternatives to detention' program by nationality, gender, state

During the first year of the Biden administration, ICE’s Alternatives to Detention (ATD) program grew rapidly from 86,548 at the end of December 2020 to 157,157 at the end of December 2021, attracting public interest and demonstrating the centrality of ATD to the Biden administration’s approach to immigration control. Despite these large—and growing—numbers made public by ICE through bi-weekly disclosures on its detention website, the public has seen little data about who has been enrolled in ATD. In this report, TRAC examines the growth of ATD during the first year of the Biden administration using detailed data obtained through Freedom of Information Act requests.

Using these data, TRAC found that nationalities represented in ICE's ATD program diversified considerably in the first year of the Biden administration. At the end of December 2020, Guatemala, Honduras, Mexico, and El Salvador—four countries highly represented in immigration enforcement data—constituted fully 80 percent of all people in ATD. By the end of 2021, the growth in ATD numbers were driven by ICE's enrollment of many more nationalities into its ATD program, including Hondurans, Venezuelans, Nicaraguans, Cubans, Brazilians, Haitians, and many other nationalities which saw very considerable growth. The number of Venezuelans in ATD, in particular, increased 26 fold over that year, from 608 to 15,884, while Nicaraguans, not far behind, grew to 17 times their original numbers (from 833 to 14,846) over the same period. The number of Brazilian's grew from 2,170 to 11,643, Ecuadorians grew from 596 to 7,341, and Colombians grew from just 204 to 2,365.

Figure1

Gender also shifted considerably. At the end of 2020, ICE's total ATD population was composed of slightly more women (51 percent) than men (49 percent). But by the end of the first calendar year of the Biden administration, men made up 54 percent and women made up 46 percent of people monitored by ICE. Most nationalities were relatively evenly split by gender recorded by ICE, although some exceptions stood out. At the end of 2021, Brazilians in ATD, for instance, tended to be more male (8,471 or 73 percent), while Salvadorans tended to be more female (9,083 or 67 percent). Overall, women tended to be assigned to less restrictive forms of monitoring, including TR and SmartLINK, rather than GPS ankle monitors.

The number of people on ATD by state also changed. While California traditionally has had by far the most immigrants monitored on ATD, Texas ended 2021 with the most people monitored. During a year when total ATD enrollments slightly less-than-doubled, the number of people monitored by ICE in Texas grew six-fold from 5,681 to 33,902. Massachusetts and Arizona also grew over six-fold in the same year, more than Texas, but in terms of absolute magnitude, Texas jumped ahead of California and New Jersey in terms of total ATD population.

To read the entire report and see more detail about the nationality, gender, and state of residence for immigrants on ATD, visit: https://trac.syr.edu/reports/698.

– Austin Kocher

October 11, 2022 in Data and Research | Permalink | Comments (0)

Monday, October 3, 2022

Does MENA mean white or non-White?

Racial identity groupings are social, scientific, and legal categories... and they do not always line up. Government classifications for decades have considered people of Middle Eastern and North African to be "white." The exception has been in case law such as the 1923 racial prerequisite case Thind v. US, in which the Supreme Court found that a South Asian Indian person who would be scientifically classified Caucation to be non-White because he would not be seen that way to the "common man." Consequently, the court reasoned that Mr. Thind was not eligible to be naturalized, in keeping with decisions barring Japanese and other non-White immigrants from being able to naturalize.

While the motivations differ, that reasoning from lived experience echoes what advocacy groups have been saying. Post-9/11, they feel that those with MENA ethnicity are not treated as if they are white when it comes to housing, employment and other forms of discrimination. Moreover, surveys show that the younger generation does not see themselves as white.

Congress is starting to question the classification and have raised the possibility that the U.S. census should include a separate box for MENA in 2030. The Obama administration had researched whether and how to make the policy change. The effort halted during the Trump administration, but it is reviving under the Biden administration. The current chief statistician, Karin Orvis, said the government was looking at how it collects race and ethnicity data and would revise its standards by summer 2024.

For more ongoing coverage, see a New York Times newsletter and recently published a survey on this subject.

MHC

October 3, 2022 in Current Affairs, Data and Research | Permalink | Comments (0)

Thursday, September 29, 2022

New Report: If You Build It, ICE Will Fill It

ICE reportToday the ILRC, CERES, and Detention Watch Network released a new report: If You Build It, ICE Will Fill It: The Link Between Detention Capacity and ICE Arrests.

Here is a summary of the report's research finding:

Immigrants in counties with more detention space are significantly more likely to be arrested and detained by ICE.

The likelihood of ICE arrest increases as detention capacity increases.

The counties with the highest number of apprehensions also closely aligned with the
locations of some of ICE’s largest immigration detention facilities

Communities of color, particularly Black immigrant communities, are the most
affected by the mass enforcement that follows detention capacity.

The full report is available here.

IE

September 29, 2022 in Data and Research | Permalink | Comments (0)

Saturday, September 24, 2022

New Report from Amnesty International: ‘They Did Not Treat Us Like People’: Race and Migration-Related Torture and Other Ill-Treatment of Haitians Seeking Safety in the USA

AmnestyThis week, Amnesty International released a new report: ‘They Did Not Treat Us Like People’: Race and Migration-Related Torture and Other Ill-Treatment of Haitians Seeking Safety in the USA

The report shows how U.S. authorities have subjected Haitian asylum seekers to arbitrary detention and discriminatory and humiliating ill-treatment that amounts to race-based torture.

According to Amnesty International, these human rights violations, along with mass expulsions under Title 42, are the latest chapter in a long history of detention, exclusion, and the practice of trying to deter Haitians seeking safety in the United States, rooted in systemic anti-Black discrimination.

The report shows that successive U.S. administrations have tried to deter Haitian people from claiming asylum in the United States through the application of various policies designed to intercept, detain, and remove them, starting in the 1970s and continuing with Title 42.

A full copy of the report is available here.

IE

 

September 24, 2022 in Data and Research | Permalink | Comments (0)

Tuesday, September 20, 2022

New Report by Human Rights First on the Failed Remain in Mexico Program

MPPHuman Rights First has released a new report: FATALLY FLAWED: “REMAIN IN MEXICO” POLICY SHOULD NEVER BE REVIVED.

Researchers at HRF worked closely with other nonprofit organizations, conducting interviews and other data about the human rights abuses that took place in the program.

The report details the history of the program and litigation that has followed.

The report has several key findings including:

  • The program is fatally flawed and cannot be carried out humanely, safely, or legally.
  • Remain in Mexico immigration court hearings remain a due process farce,
    with asylum seekers overwhelmingly unable to obtain legal counsel and denied refugee protections.
  • People placed in the program have suffered violence by cartels and corrupt
    officials, revealing the many dangers of returning asylum seekers to Mexico.
  • Remain in Mexico cannot be implemented safely.

For more of the important findings, the full report can be found here.

IE

September 20, 2022 in Data and Research | Permalink | Comments (0)

Monday, September 19, 2022

Poll Indicates Latino Voters Still Lean Left

The growing size and diversity of Latino voters makes them an important constituency in the November 2022 elections, where control of Congress is at stake. In the Senate, Latinos make up 20% of voters in Arizona and Nevada. In the House, Latinos also make up 20% registered voters in races in Colorado, Florida, and Texas.

A New York Times poll found that Latino voters lean toward the Democratic party, 56% Dem to 32% Rep (12% declined to choose). Overall, they believe Democrats represent the working class while Republicans represent the elite and hold some undesirable views on issues of concern. 

NYT poll parties - immprof blog

However, their level of support for Democrats has declined since the years prior to the 2020 election (there was selectively increased support for Republicans in 2020). Economic issues have become more important to Latino voters than societal issues -- such as crime, immigration, and climate policy -- and, on the economy, Latino voters are nearly evenly split on which party they agree with more, 43% Dem, 41% Rep. The weakening support is especially strong among younger male Hispanic voters in the South.

NYT poll issues - Immprof

The poll is based on oversampled responses from 522 of 1,399 registered voters nationwide from September 6-14, 2022. (Technical details of the poll here.)

MHC

September 19, 2022 in Current Affairs, Data and Research | Permalink | Comments (0)

Friday, September 16, 2022

Report from TRAC Finds Rapid Increase in Immigration Court Completions

A new report released today by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University finds that immigration court case completions have been rapidly increasing.

During the first eleven months of FY 2022. Immigration Judges have closed over 375,000 cases – a historical record. If the pace continues, closures should top more than 400,000 by the end of the fiscal year. This is nearly three times as many case closures as last year. It is also roughly 50 percent higher than the previous high in FY 2019 during the Trump administration. 

Screen Shot 2022-09-16 at 11.14.38 AM

The pace of closures has also been accelerating month-by-month since October of 2021. During the past four months, monthly closures blew past 40,000 and topped 50,000 during May and June. If average closures during these past four months of 48,721 continue, this would represent an annualized rate approaching 600,000. See Figure 2.

Part of the explanation for these increased case dispositions is the increase in the number of Immigration Judges. At the end of FY 2019, there were reported to be 442 Immigration Judges. While the pace of judge hiring slowed somewhat during the pandemic, the Court started this fiscal year with 559 IJs – 26 percent more than before. But the increase in the number of judges alone does not begin to explain the rapid acceleration in case closures.

Read the rest of the report for the whole story here: https://trac.syr.edu/reports/695/.

- Austin Kocher

September 16, 2022 in Data and Research | Permalink | Comments (0)

Wednesday, September 14, 2022

(Re?) Introducing "Meta-blindness"

I was at a conference last month where I got to hear from the lovely Tendayi Bloom, a political and legal theorist in the UK who focuses on questions of noncitizenship, statelessness, and human mobility. (We're both contributing chapters to the forthcoming Oxford Handbook of Comparative Immigration Law: Tendayi's chapter is The Logic and Legitimacy of Immigration Law while I'm writing on the national visa policy of the United States.)

In her talk, Tendayi emphasized the concept of "meta-blindness." I found this discussion riveting as I had not previously heard of the term.

Tendayi indicated that she first learned of the term from this article: Jose Medina, The Relevance of Credibility Excess in a Proportional View of Epistemic Injustice: Differential Epistemic Authority and the Social Imaginary, Social Epistemology 25(1) (2011).

In that article, Medina discusses the concept of "meta-blindness" in the context of the jury's actions in To Kill a Mockingbird. Medina writes that the jurors:

failed to recognize that there were things they could not recognize: they were blind to their inability to understand certain things; they were unable to acknowledge that they were ill‐equipped to understand certain sentiments and reactions. In other words, they were blind to their own blindness, insensitive to their own insensitivity... because they were not only blind but meta‐blind, because they were insensitive to their own insensitivity, they faced serious obstacles against becoming good listeners, against acquiring or developing the capacity to understand what is difficult to understand

Meta-blindness, Medina argues, is a "particularly recalcitrant kind of ignorance about the cognitive and affective limitations of one's perspective."

So, you might be asking, what is the antidote to meta-blindness? According to Medina, it is essential to:

...actively search for more alternatives than those noticed, to acknowledge them (or their possibility), and to attempt to engage with them whenever possible... to look at the world from more than one perspective, to hold different viewpoints simultaneously so that they can be compared and contrasted, corrected by each other, and combined when possible.... to entertain different perspectives without polarizing them, dichotomizing them, and presenting them as exhaustive.

Perhaps you were already well-versed in this particular theory. It struck me as a fascinating perspective with ample opportunities for application to our collective study of immigration law.

-KitJ

September 14, 2022 in Data and Research, Law Review Articles & Essays | Permalink | Comments (0)

Friday, September 2, 2022

UC Hastings Law SF Center on Race, Immigration, Citizenship, and Equality

LogoPreJan

Professor Ming Hsu Chen — an expert on race, immigration, and citizenship – has launched a new center at UC Hastings this fall that will pursue groundbreaking research on equality issues and collaborate with other scholars and academic institutions.

Chen, who previously founded the Immigration and Citizenship Law Program at the University of Colorado, was a visiting professor before joining the UC Hastings permanent faculty this year.

The Center on Race, Immigration, Citizenship, and Equality (RICE) will offer lectures, conferences, panel discussions, research projects, student employment opportunities, and law classes with fieldwork components. It will promote scholarly engagement and forge links between other centers at UC Hastings, including the Center for Gender and Refugee Studies (CGRS) and the Center for Racial and Economic Justice (CREJ).

Chen said she wants people to understand intersections between concepts of race, immigration, and citizenship as they pertain to equality. She said one way to do this is to apply the lenses of different fields of study. To that end, the RICE Center will host a half-day conference on Nov. 18 on “belonging” featuring experts from UCLA, UC Berkeley, UC Davis, and Stanford University. “It’s a chance for leaders of research institutes that do related work to share resources and ideas about how universities approach these issues at an institutional level,” said Chen.

Additional goals include getting students involved in interdisciplinary research. Chen said as part of her seminar this fall on Citizenship and Equality, law students will interview immigrants and do fieldwork, including helping people fill out applications for citizenship. “It’s a way to make sure that what students are learning is connected to the real world,” she said.

She has plans for a spring colloquium on Race, Citizenship and Equality that will include legal scholars, practicing lawyers, and immigration advocates, open to the Hastings community. Enrolled students will delve deeper into papers with a closed session following the public lectures, she said, “It’s a way to have these experts in dialogue with our students and our faculty and to share that with the world outside of the law school.”

Finally, Chen said she is considering commissioning original research on high-skilled workers and Documented Dreamers, a group of some 200,000 children of long-term visa holders who come to the U.S. lawfully but face deportation if they can’t obtain independent legal status by age 18. “It is the type of understudied issue that is important in San Francisco, the hub of technology, and has implications nationwide,” she said.

Chen added that law students and research assistants could interview migrant parents and students about their experiences and the problems they would face being returned to a country they haven’t lived in for many years and where they may be unfamiliar with the language and culture – much like undocumented DREAMers. The findings would then be published and shared with policymakers and advocacy groups.

For more information about the RICE Center and its upcoming events, click here.

September 2, 2022 in Conferences and Call for Papers, Data and Research | Permalink | Comments (0)

Wednesday, August 31, 2022

Attention Empirical Researchers: DOL's Employment-based Immigration Data

Labor

Immprof Lenni Benson (NYLS) recently introduced me to this truly epic resource for empirical researchers: The U.S. Department of Labor's collection of employment-based data.

As the DOL characterizes the data, you'll find:

  • Selected statistics providing cumulative quarterly data by major immigration program;
  • Cumulative quarterly and fiscal year releases of program disclosure data; and
  • Historical fiscal year annual program and performance report information.

Y'all... there is SO. MUCH. DATA.

You want to see who's filing and getting PERM approvals? Done.

You want to see who's filing and getting H1Bs? H2As? H2Bs? E3s? It's all there.

Now, fair warning: The downloadable Excel spreadsheets are so huge just one pretty much took down my work laptop. But for those of you data monsters out there, I've no doubt you're prepared to take this on, dive into the information, and come out with an absolutely fascinating story that I, for one can't wait to read.

Happy digging!

-KitJ

August 31, 2022 in Current Affairs, Data and Research, Teaching Resources | Permalink | Comments (0)

Wednesday, August 17, 2022

Immigration Entrepreneurs Key to Success in Silicon Valley

While Silicon Valley reaps much of the praise for the technology and ideas coming out of the region, it’s a sector relying on immigrants to lead it. More than half of startups valued at $1 billion or more were founded by immigrants to the United States, according to a report from the nonprofit National Foundation for American Policy.

The report found that, of the 582 “unicorn” startups valued at $1 billion or more in the U.S., 319 of them, or 55% had at least one immigrant founder. That number rose to two-thirds when counting companies that were founded or co-founded by immigrants, or the children of immigrants. Of those 319 companies, 153, or 48%, were founded in the Bay Area, including top industry players such as Stripe (founded by John and Patrick Collison from Ireland), Brex (started by Henrique Dubugras and Pedro Franceschi from Brazil), Instacart (founded by Apoorva Mehta from Canada) and dozens of others.

The findings point to the ongoing centrality of immigration as a driver of one of the United States’ most valuable industries, even though foreign nationals face significant barriers to starting a business in the U.S.

From the San Francisco Chronicle (7/25/2022). Full report here.

MHC

August 17, 2022 in Current Affairs, Data and Research | Permalink | Comments (0)

Saturday, August 13, 2022

NEW OIG Report: El Paso Sector Border Patrol Struggled with Prolonged Detention and Consistent Compliance with TEDS Standards

image from www.oig.dhs.govThis week, the Office of Inspector General for the Department of Homeland Security released a new report: El Paso Sector Border Patrol Struggled with Prolonged Detention and Consistent Compliance with TEDS Standards. A full copy of the report is available here.

The OIG conducted unannounced inspections in October 2021 of seven U.S. Customs and Border Protection (CBP) facilities in the El Paso area of West Texas and New Mexico. The report raises a number of serious concerns with the operation of these facilities and serious violations of migrants' rights.

According to the report, they "found that U.S. Border Patrol held 493 migrants in custody longer than specified in the applicable standards, which generally limit detention in these facilities to 72 hours. Despite prolonged detention times, none of the facilities we inspected was overcrowded. We also observed Border Patrol using an Office of Field Operations (OFO) port of entry to process migrants, a practice that created operational efficiencies but was not sufficiently documented. We found that Border Patrol held some migrants placed for expulsion under Title 42 authorities for longer than 14 days, which is inconsistent with Border Patrol policy. In addition, when Border Patrol expelled migrants under
Title 42, agents recorded them in the tracking system as “Not in Custody” despite migrants being placed in custody temporarily prior to being expelled. CBP did not meet two other TEDS standards we evaluated. Specifically, we found inconsistent implementation of standards related to segregating juveniles from unrelated adults or legal guardians and providing interpretation to detained individuals."

The report makes a number of recommendations for addressing these serious problems.

IE

August 13, 2022 in Data and Research | Permalink | Comments (0)

Thursday, August 11, 2022

New Report Finding Latino Representation Lacking in California State Government Appointments

image from latino.ucla.edu image from latino.ucla.eduToday, Gabriella Carmona and Paul Barragan-Monge of the UCLA Latino Policy and Politics Institute released a new report finding that, despite recent gains, Latinos remain underrepresented in California state appointments within the Governor's cabinet and state boards and commissions responsible for regulating the environment, education, workforce development and the criminal justice system. A copy of the report is available here

Among other findings, the report shows that Latinos represent only 18.4% of executive appointments made by the Governor and state appointing officials despite making up 39.1% of the state population.

The report outlines policy recommendations that state officials can begin implementing immediately to diversify state appointments.

IE

August 11, 2022 in Data and Research | Permalink | Comments (0)

Wednesday, August 3, 2022

Attitudes toward US Immigrants More Positive and More Partisan

Data scientists have used computational analysis (aka machine learning) to comb through 150 years of political speeches and find that attitudes toward immigrants are more positive, but also more partisan.

The study, co-authored by Dallas Card and colleagues from Stanford University, charts the tone of more than 200,000 congressional and presidential speeches on immigration since 1880. Published in Proceedings of the National Academy of Sciences, the study finds that the overall trend of political speeches became more sympathetic following World War II and has remained favorable, on average, until today.

At the same time, however, attitudes have become increasingly polarized along party lines. Democratic rhetoric has been reliably sympathetic toward immigrants since the 1960s, and especially pro-immigration in the past decade, while that of Republicans has become increasingly hostile since the 1990s, and more likely to characterize immigrants with subtle de-humanizing language.

Read the study, "Computational analysis of 140 years of US political speeches reveals more positive but increasingly polarized framing of immigration.

MHC

August 3, 2022 in Data and Research | Permalink | Comments (1)