Sunday, May 15, 2022

Immigration Article of the Day: Immigration Enforcement Preemption by Pratheepan Gulasekaram

Deep

Immigration Enforcement Preemption by Pratheepan Gulasekaram, Ohio State  Law Journal, Vol. 84, Forthcoming 2023

Abstract

The Supreme Court’s 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in modern times, striking down several provisions of Arizona’s omnibus enforcement law. Notably, the Court did not limit preemption inquiry to conflicts between the state law and congressional statutes. The Court also based its decision on the tension between the state law and executive branch enforcement policies. The landmark decision seemed to have settled the Court’s approach to immigration enforcement federalism. Yet, a scant eight years after Arizona, in Kansas v. Garcia, the Court upheld Kansas’ prosecutions of noncitizens who used stolen identities to procure employment in violation of federal immigration law. In so doing, the majority opinion took aim at Arizona’s central premise, rejecting the relevance of presidential enforcement in immigration preemption.

This Article provides an urgently needed reappraisal of immigration preemption in the wake of Kansas. My primary claim is that immigration preemption requires a framework that accounts for the diminishing relevance of formal law, the discretionary enforcement options available to federal authorities, and the inherent liabilities associated with unauthorized status. I argue that presidential enforcement practices – as a distillation of competing statutory values, congressional appropriations, executive policy preferences, and allocation of agency resources – limn federal policy for immigration preemption purposes. In defending this claim, this Article recasts immigration preemption decisions from the past fifty years, revealing a long-standing judicial concern for federal enforcement practices. Second, this Article critiques Kansas for discounting federal enforcement practices, and defends a return to Arizona-like jurisprudence. Finally, it argues that this approach will not unduly aggrandize judicial or executive power, or imbalance federal-state authority over criminal enforcement.

KJ

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

Saturday, May 14, 2022

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

 November 4-5, 2022 – Loyola Law School, Los Angeles

Building on the success of the Equality Law Scholars’ Forum held at UC Berkeley Law in 2017, at UC Davis Law in 2018, and at Boston University Law in 2021, and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco, visiting Loyola Los Angeles AY 2022-23; Angela Onwuachi-Willig, Boston University; and Leticia Saucedo, UC Davis) announce the Fourth Annual Equality Law Scholars’ Forum to be held in Fall 2022. 

This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas.  We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, queer theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.  

We will select five or six relatively junior scholars (untenured, newly tenured, or prospective professors) in the U.S. to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law.  Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting.  The Forum will take place all day Friday through lunch on Saturday.  Participants are expected to attend the full Forum.  The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.  

This year’s Forum will be held on November 4-5, 2022, at Loyola Law School in Los Angeles.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by June 10, 2022.   

Full drafts of papers must be available for circulation to participants by October 20, 2022

 

Note: We urge submission of proposals for drafts that will still be substantially in progress in October/November 2022 over drafts that will be in late-stage law review edits at that time.

Proposals should be submitted to:

Leticia Saucedo, UC Davis School of Law, lmsaucedo@ucdavis.edu.  Electronic submissions via email are preferred.

May 14, 2022 in Conferences and Call for Papers | Permalink | Comments (0)

Bill creating independent immigration court passes in House

After years of advocacy from the  National Immigration Judges Association (here and here), immigration attorneys (from ABA and AILA), and scholars, Representatives Zoe Lofgren (D-CA), Jerrold Nadler (D-NY), and Hank Johnson (D-GA), introduced the Real Courts, Rule of Law Act of 2022 (H.R. 6577) that has passed House Judiciary Committee with a vote of 24-12. It will next move to the House floor.

An section-by-section analysis of the full text legislation is here.

MHC

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

Republicans Wrongly Tie Biden Immigration Policies to Baby Formula Shortage

 

 

[Note:  The “usual pedo grifters,” who were unidentified, appeared to be a reference to a particularly outlandish QAnon conspiracy theory that an international ring of child sex traffickers is being operated by Democratic leaders.]

 

 

 

 

The mid-term elections are just around the bend.  Expect immigrants to be blamed for everything not going well in the nation.  The latest:  immigrants and the baby formula shortage.

In a joint statement issued earlier this week, Texas Governor Greg Abbott and the National Border Patrol Council accused President Biden of turning "a blind eye to parents across American who are facing a nationwide baby formula shortage."  "While mothers and fathers stare at empty grocery store shelves in a panic, the Biden Administration is happy to provide baby formula to illegal immigrants coming across our southern border," they wrote.

Fox News reports on the growing number of Republican lawmakers and officials pushing the Biden administration on the extent to which undocumented immigrants in detention are bring provided baby formula when the nation has a shortage.  Fox News explains that the U.S. government is legally obligated to care for and feed those in its custody and care, including immigrant children.  That includes providing formula to infant children, and it is a standard requirement for government facilities to offer that to migrants -- including during the Trump administration. 

Still, some Republicans are linking the border crisis to the issues with formula supply. In a letter to Health and Human Services and the Department of Homeland Security, Representative. Jim Banks (R-Ind.) noted that, during the 2019 "border crisis," the Border Patrol spent $230 million on "snacks, diapers and baby formula."

Linda Qui for the New York Times performed a fact check on the Republicans' charge: 

"Republican lawmakers have misleadingly suggested that the Biden administration is sending baby formula to undocumented immigrants at the expense of American families amid a national shortage. . . . . 

But it is inaccurate to suggest that President Biden is choosing to prioritize the needs of immigrant children over those of American children. Providing food — like formula — and water to migrant children detained at the border is required by a lawsuit settlement, and the Trump administration also adhered to that requirement. And it is unlikely that the amount of formula in stock at detention facilities would meaningfully ease the shortage."

The White House has responded that the Flores settlement, which covers the conditions of detention of immigrant children, and morality requires providing formula to migrant infants.

 

KJ

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

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

Call for Proposals for the Fourth Annual Equality Law Scholars’ Forum, November 4-5, 2022 – Loyola Law School, Los Angeles

Building on the success of the Equality Law Scholars’ Forum held at UC Berkeley Law (2017), UC Davis Law (2018), and Boston University Law )2021), and in the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green (University of San Francisco, visiting Loyola Los Angeles 2022/23;) Angela Onwuachi-Willig (Boston University) and Leticia Saucedo (UC Davis)) announce the Fourth Annual Equality Law Scholars’ Forum to be held in Fall 2022.

This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas. We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, queer theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.

We will select five or six relatively junior scholars (untenured, newly tenured, or prospective professors) in the U.S. to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law. Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting. The Forum will take place all day Friday through lunch on Saturday. Participants are expected to attend the full Forum. The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.

This year’s Forum will be held on November 4-5, 2022, at Loyola Law School in Los Angeles.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by June 10, 2022.

Full drafts of papers must be available for circulation to participants by October 20, 2022.

We urge submission of proposals for drafts that will still be substantially in progress in October/November 2022 over drafts that will be in late-stage law review edits at that time.

Proposals should be submitted to: Leticia Saucedo, UC Davis School of Law, lmsaucedo@ucdavis.edu. Electronic submissions via email are preferred.

KJ

May 14, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

On immigration, advocates say a 'shadow Trump administration' is tying Biden's hands

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Official White House Photo

Joel Rose for NPR reports on the Biden administration's struggle to end a number of immigration restrictions adopted by the Trump administration.  In many lawsuits, Republican-led states challenged lifting immigration enforcement measures.

Immigrant advocates say these states are bringing the cases to conservative federal judges appointed by former President Trump.  "To date, these states have brought no less than 17 lawsuits challenging President Biden's immigration moves," said Karen Tumlin, the founder of Justice Action Network, on a call this week with reporters. In effect, these states are using the courts to "keep a shadow Trump administration in office on immigration issues," she said.

KJ

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

Immigration Article of the Day: Reparative Citizenship by Amanda Frost

Amanda

Reparative Citizenship by Amanda Frost

Abstract

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War to the Tuskegee syphilis experiments. Yet the nation has never considered reparations for 150 years of discriminatory immigration and citizenship policies that excluded millions based on race, gender, and political opinion—including some who are alive today. This article argues that the United States should atone for these past transgressions by granting “reparative citizenship” to those individuals and their descendants.

Providing access to U.S. citizenship—an economically, politically, and symbolically valuable status—is an appropriate remedy for immigration law’s historical injustices. Returning “stolen” citizenship could also serve an educative function, informing current citizens that the status they enjoy was denied to others on grounds now acknowledged to be both immoral and unconstitutional. Such an initiative would reaffirm constitutional commitments to equality generally, and equal access to citizenship in particular. Immigration officials could implement a narrow version of reparative citizenship unilaterally, by loosening evidentiary standards and liberally granting discretionary remedies to victims of past discriminatory policies. A more expansive version would require amending the Immigration and Nationality Act to provide a new pathway to citizenship for historically excluded groups.

Even if reparative citizenship does not become law, however, the concept brings a new perspective to stalled debates over immigration. Today, politicians ask whether undocumented immigrants and other would-be Americans should be allowed to “earn” their citizenship. Reparative citizenship flips the narrative, arguing that the nation owes legal status to those wrongfully excluded in the past.

KJ

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

Friday, May 13, 2022

They were sick and dying in ICE custody. The agency released them, avoiding responsibility

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For the Los Angeles Times, Andrea Castillo and Jie Jenny Zou investigate how Immigration & Customs Enforcement (ICE) quickly released sick immigrant detainees, completely avoiding responsibility for their deaths. 25-year-old nurse technician Johana Medina Leon, who fled El Salvador for the violence she faced as a transgender woman, was one of them. "The circumstances surrounding Medina Leon’s release and death were discovered among more than 16,000 pages of documents disclosed as part of an ongoing lawsuit brought by The Times against the U.S. Department of Homeland Security seeking records of abuse at immigration detention centers," Castillo and Zou note. "The documents provide a rare look into one of several known instances in which detainees were discharged on the edge of death, underscoring long-standing complaints from advocates about uncounted deaths of people who have been in ICE custody." 

KJ

May 13, 2022 | Permalink | Comments (0)

Not all refugees are welcome in Europe

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A
s many have observed, the warm embrace of Ukrainian refugees in Europe has not been the experience of many others who have fled their homelands, such as Syrians fleeing horrific warfare in 2016/17.  In an article on The Conversation ("A court case against migrant activists in Italy offers a reminder – not all refugees are welcome in Europe"), Eleanor Paynter, Cornell University explains how migrants are often not well received in Europe, despite a welcome of Ukrainian refugees.

KJ

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

May 17 Symposium at Rutgers Law School on the New Jersey Immigrant Trust Directive

Rutgers

Interim Dean Rose Cuison-Villazor, Director of the Immigration Law, Policy, and Justice (CILPJ) at Rutgers Law School, invites you to a May 17, 2022, between 12:30 and 2:30 PM (EST) (in person or via Zoom), symposium discussing New Jersey's Immigrant Trust Directive, which then Attorney General Gurbir Grewal issued in November 2018. The Immigrant Trust Directive limits certain voluntary assistance by state and local law enforcement in the enforcement of immigration law. CILPJ analyzed publicly disclosed records from more than 400 law enforcement agencies in New Jersey on their implementation of the Directive. 

Overall, CILPJ affiliates will report that although the Immigrant Trust Directive has helped reduce ICE removals in New Jersey, parts of it have not been fully enforced. Greater and more consistent enforcement of the Immigrant Trust Directive is necessary to achieve its goals. (The report will be circulated on May 17).   

New Jersey Assemblymember Raj Mukherji and immigrants' rights advocates will be participating as well. Lunch (up to 30 people) will be provided before the symposium begins. 

The link to register is here.

KJ

May 13, 2022 in Conferences and Call for Papers, Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Dismantling the Wall by Charles Shane Ellison & Anjum Gupta

Shane

Anjum

Dismantling the Wall by Charles Shane Ellison & Anjum Gupta, 120 Michigan Law Review Online 1 (2022)

 

Abstract

Between 2017 and 2021, the Trump administration waged an unprecedented battle on U.S. asylum structures, procedure, and substantive law. Seeking to alter longstanding legal principles and practices in a host of areas, the former administration’s efforts to demolish asylum protections were systematic and comprehensive. The Immigration Policy Tracking Project catalogued no fewer than 96 discrete policy and regulatory changes that the former administration implemented to curtail access to asylum. While some of the administration’s actions, such as the decision to separate children from their parents at the border, were carried out in the open, many other actions were largely hidden from public view. In their totality, scholars have characterized those changes without much hyperbole as the end of asylum in the U.S., a veritable administrative wall to refugees.

Despite widespread initial optimism upon the election of a new President and some incremental steps, the Biden administration has yet to roll back the majority of these changes, let alone take steps to expand access to asylum or increase fairness in the system. Within his first month in office, President Biden promised to undertake a comprehensive review of the U.S. asylum system and to promulgate within 270 days regulations consistent with our international legal obligations; however, that deadline has come and gone without any proposed regulations or an explanation for their absence.

The contemporary U.S. asylum system was born through the robustly bipartisan 1980 Refugee Act. From that moment to the present, the nation has not witnessed such unmitigated antipathy towards refugees and asylum-seekers as during the Trump era. The toll paid by these changes, measured both in human lives and the erosion of our national values, is staggering. Yet, the fissures revealed by this unparalleled period of restriction of access to asylum can guide us both in understanding the extent of the present asylum crises and in knowing how best to move forward.

Through all its bluster about building a physical wall along the Southern border to keep refugees and other immigrants out, the Trump administration succeeded in erecting an administrative wall, preventing countless bona fide refugees from seeking or obtaining the protection for which they are eligible. To date, that wall has not been taken down. At best, Biden has tinkered with this barrier to refugees, and at worst, he has deliberately left some sections standing.

In this essay, we will summarize the status quo of this crisis. We will highlight warning signs that began to appear even before the Trump administration to understand how we reached this point. We will then propose solutions to chart a pathway forward, exploring strategies for implementing lasting reforms aimed at tearing down this administrative wall and replacing it with a more fair and welcoming system.

KJ

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

Thursday, May 12, 2022

Asylum Real-o-thetical

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On Monday, Russia's Victory Day, anti-war messages appeared on the Russian news site Lenta. Reportedly (because it turns out translating Russian isn't in my wheelhouse), the slogans included:

  • "Vladimir Putin has turned into a pitiful dictator and paranoiac"
  • “Russian authorities have banned journalists from talking about the negative”
  • "Russia threatens to destroy the whole world"
  • “War makes it easier to cover up economic failures"
  • "Zelensky turned out to be cooler than Putin"

So where does the asylum real-o-thetical come in? With these few lines from the BBC: "two employees of the pro-Kremlin publication took responsibility for the 'performance', adding they were now outside Russia and had written that they would probably need jobs, lawyers and political asylum."

In the Guardian's coverage of this story, the journalists are identified by name and one told the paper: "Of course I am afraid... I am not ashamed to admit that. But I knew what I was doing, what the consequences could be.”

-KitJ

May 12, 2022 in Current Affairs, Teaching Resources | Permalink | Comments (0)

Democracy in Danger Podcast on the Decriminalization of Border Crossing

From the University of Virginia Media Lab, Democracy in Danger's most recent episode features the criminal laws of immigration and the legal challenge to end these racist prosecutions once and for all. Listen to the incredible Kara Hartzler, Deborah S. Kang, and Lauren Gorman!

Here's the summary of the show:

Entering the United States without permission is a crime. But should it be? This time on the show, we hear from a couple of lawyers who have been fighting to decriminalize unauthorized immigration. They say federal law unfairly targets Latin Americans — locking up hundreds of thousands of migrants who cross America’s southern border, costing billions of dollars each year. Plus, Will speaks with a University of Virginia historian who has helped make the case that those laws have patently racist origins.

Democracy in Danger is available on Apple Podcasts. Hosts Will Hitchcock and Siva Vaidhyanathan are both University of Virginia professors. Each week they are joined by leading thinkers to discuss serious threats to government by the people: from the dark web and media disinformation, to climate change, economic inequality and violent extremism. 

For more background on the racist origins of the illegal entry and reentry laws featured in the podcast, check out Eric Fish's new article, Race, History, and Immigration Crimes.

IE

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

Remember "Say No to Drugs?" CBP Launches Digital Ad Campaign “Say No to the Coyote” to Warn Migrants About Smuggler Lies

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Yesterday, U.S. Customs and Border Protection (CBP) announced that it has "launched a digital advertisement campaign this week to dissuade migrants in the Northern Triangle countries of Honduras and Guatemala who might consider taking the dangerous journey to the U.S. border. The ads deliver a clear message: smugglers are lying to you, the fact is that entering the United States illegally is a crime. The ads highlight that smugglers, known as ‘coyotes,’ who take advantage of and profit from vulnerable migrants." 

To view the ad campaign, click here.

Coyote

KJ  

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

Biden Must End Racist, Detention-First Immigration Policies

Analilia Mejia in The Nation offers a stinging indictment of the U.S. immigration system.  The introduction offers a flavor of the criticism:

"Dig deeply into the moral foundations of the United States’ immigration policy and you’ll unearth its nasty undergirding of racial capitalism, a concept civil rights and constitutional rights law professor Nancy Leong defined in her 2013 Harvard Law Review article as `the process of deriving social and economic value from the racial identity of another person.' . . . On the surface, we’re taught that good people work hard and bad folks are freeloaders who deserve to be punished. . . . White people are on the top and Black people are on the bottom—economically, socially, and morally. . . . 

Sadly, this belief is exactly why Black and brown immigrants seeking asylum are often imprisoned rather than welcomed with open arms. White Americans warm up to a Ukrainian refugee seeking asylum from war more easily than to someone from, say, El Salvador." (bold added).

And what should the nation do?  Mejia concludes:

"The onus is on President Biden to change this punitive and cruel policy affecting migrants of color by ending Trump-era Migrant Protection Protocols and Title 42, reassigning Temporary Protected Status to excluded nations, ending the practice of mass detention, and revoking deputizing authority to local police for immigration enforcement. The time to act decisively has long passed. Our communities deserve real change now.

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

Immigration Article of the Day: Hamilton and the Limits of Contemporary Immigration Narratives  by Anil Kalhan

 

Anil

Hamilton and the Limits of Contemporary Immigration Narratives  by Anil Kalhan, Hamilton and the Law: Reading Today’s Most Contentious Legal Issues through the Hit Musical (Lisa A. Tucker ed., Cornell Univ. Press 2020)

Abstract

Lin-Manuel Miranda and the other creators of Hamilton: An American Musical have often described the show as “a story about America then, told by America now.” The musical’s code-switching reimagination of eighteenth-century political history through the lens of inclusive, contemporary values has garnered acclaim for foregrounding the centrality of immigration to the American experience. But “America now,” like “America then,” is a nation of both nativists and immigrants. Informed by immigration history, what might the opposite approach—a story about immigration in “America now,” told by “America then”—look like and reveal? In this chapter, I explore the answers that a critical examination of Hamilton itself suggests to this question.

Consider, for example, the musical’s biggest applause line, when Hamilton and Lafayette proclaim, “Immigrants: we get the job done!” With a boost from the track bearing that same name on the bestselling tie-in album, The Hamilton Mixtape, the line might be the show’s most widely known—highlighting, as Miranda has stated, “that many people who contribute to the prosperity of this nation aren’t born here.” Read in light of Hamilton’s larger themes, the line could be understood as a broad affirmation of the full range of immigrants’ contributions to society—large and small, tangible and intangible, visible and hidden.

When read against the status-based, hierarchical practices of Alexander Hamilton’s own era, however, that same line might carry a rather different meaning. Eighteenth-century authorities selectively welcomed migration and settlement by white Protestants seen as desirable, but simultaneously subjected those deemed undesirable to marginalization, exploitation, exclusion, and removal. A story about immigrants “getting the job done” told by “America then” accordingly might be understood as merely a qualified, instrumental affirmation—one that similarly values only immigrants deemed desirable, and then, too, in narrowly defined economic terms.

Hamilton’s narrow celebration of immigrants who “get the job done,” resting on a dichotomy between desirable and undesirable immigrants, is not exclusively the product of antiquated eighteenth-century values. To the contrary, contemporary discourse about immigration, which Hamilton reflects and incorporates, carries analogous distinctions between “good immigrants” and “bad immigrants.” The persistence and reinforcement of such distinctions obscure the full range of principles embodied in immigration policy—including, for example, family unity, humanitarian protection, human rights, and the rule of law—and hinder efforts to affirm that immigrants should be treated with dignity on an expansive, egalitarian basis, regardless of their perceived “worthiness” in immigration law or political discourse. Ultimately, Hamilton itself might be an “unfinished symphony” with respect to its narratives on immigration, one challenging its audiences to “rise up” by developing more nuanced and expansive narratives that seek to move beyond pervasive, but perilous distinctions in contemporary discourse between “good immigrants” and “bad immigrants.”

 

 

KJ

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

Wednesday, May 11, 2022

Immigration Article of the Day: Trauma as Inclusion  by Raquel Aldana, Patrick Marius Koga, Thomas O'Donnell, Alea Skwara, & Caroline Perris

Aldana-raquel

Trauma as Inclusion  by Raquel Aldana, Patrick Marius Koga, Thomas O'Donnell, Alea Skwara, & Caroline Perris, Summer 2022 (89:4) Tennessee Law Review

Abstract

This article brings together a historian and law, public health, psychiatry, psychology, and neuroscience faculty and researchers to document how trauma is understood across disciplines and how it has developed in U.S. immigration law largely to exclude but increasingly to include migrants whose lives have been uprooted or otherwise impacted by borders. Our aim is to document and assess the progress and the gaps in immigration law’s embrace and understanding of trauma through metrics that include the science of trauma, compassion, and fairness. This analysis is made urgent by the travesty we are witnessing of children ripped apart from their parents and borders completely shut to desperate migrants seeking our protection.

KJ

May 11, 2022 in Current Affairs, Law Review Articles & Essays | Permalink | Comments (0)

Making sense of the UK's point-based immigration system

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Flag courtesy of Wikimedia Commons

The Economic Times offers a brief explanation of the United Kingdom's points-based immigration system, anyone looking to move to the country for work must meet a specific set of requirements for which they will score points. Visas are awarded to those who get enough points. A total of 70 points is needed to apply to work in the UK.  To check if you're eligible to immigrate to the UK, click here

KJ

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

Tuesday, May 10, 2022

2022 Annual Pre-AILA Crimes & Immigration Seminar

Join the National Immigration Project of National Lawyers Guild's Annual Pre-AILA Crimes & Immigration Seminar on Tuesday and Wednesday June 14-15. I spy immprofs Maureen Sweeney & Linus Chan in the lineup! Full schedule is below. Online (registration fee $150 and up; more info here).

TUESDAY, JUNE 14, 2022


11:45am - 12:00pm: Welcome

12:00pm - 1:30pm: The Categorical Approach and Recent Developments

(90 minutes of instruction/1.50 CLE Credits)

This session will cover how advocates can make the most of the categorical approach methodology in their defense of immigrants with convictions. We will cover key features of the categorical and modified categorical approaches.

Speakers:

  • Nadia Anguiano-Wehde, Asst. Visiting Professor of Clinical Law, University of Minnesota
  • Maureen Sweeney, Law School Professor, University of Maryland Carey School of Law, NIPNLG Board Member 

1:30pm - 2:00pm: Break 

2:00pm- 3:15pm:  Winning Post- Conviction Relief   

(75 minutes of instruction/1.25 CLE Credits)

This session will present a conceptual and procedural framework for obtaining post-conviction (PCR) relief that is effective in immigration proceedings, including the legal standards governing whether PCR orders are effective in the immigration context.

Speakers

  • Norton Tooby, Law Offices of Norton Tooby
  • Matthew Vogel, Senior Staff Attorney, NIPNLG

3:15pm - 3:45pm: Break

3:45pm - 5:00pm: Crimes Involving Moral Turpitude

(75 minutes of instruction/1.25 CLE Credits)

Crimes Involving Moral Turpitude (CIMTs) can be difficult to understand with any precision. And yet, courts routinely find all manner of criminal offenses to be CIMTs, with significant ramifications for clients. This session will examine what CIMTs are, where they’ve come from, and where they’re going to help advocates better prepare for and defend against CIMT allegations.

Speakers

  • Khaled Alrabe, Senior Staff Attorney, NIPNLG
  • Tanika Vigil, Consulting Attorney, NIPNLG

WEDNESDAY, JUNE 15, 2022


11:45am - 12:00pm: Welcome

12:00pm - 1:15pm: Pushing Back on Discretionary Denials   

(75 minutes of instruction/1.25 CLE Credits)

Immigration adjudicators regularly deny relief as a matter of discretion for applicants with involvement in the criminal legal system, particularly when such involvement is not serious enough to outright disqualify them for relief. This session will discuss creative strategies to prevent discretionary denials based on criminal legal system involvement as well as ways to address them in the appellate context. 

Speakers

  • Linus Chan, Assoc. Clinical Professor of Law and Vaughan G. Papke Research Scholar, University of Minnesota Law School
  • Norton Tooby, Law Offices of Norton Tooby

1:15pm - 1:45pm: Break

1:45pm - 3:00pm: Strategies to Fight "Reason to Believe" Drug Trafficking   

(75 minutes of instruction/1.25 CLE Credits)

This session will discuss the "reason to believe" drug trafficking ground of inadmissibility as well as as its ramifications and develop strategies for fighting such findings.

Speakers:

  • Karla Ostolaza, Deputy Director, Immigration Practice, The Bronx Defenders
  • Francisco Ugarte, Manager, Immigration Defense Unit, San Francisco Public Defender's Office

3:00pm - 3:30pm: Break

3:30pm - 5:00pm: Recent Developments at the BIA and Circuit Courts  

(90 minutes of instruction/1.50 CLE Credits)

Both the Board of Immigration Appeals and the various federal Circuit Courts of Appeals have recently seen developments at the intersection of criminal law and immigration law. This session will explore some of those developments and their implications.

Speakers:

  • Rebecca Scholtz, Senior Staff Attorney, NIPNLG
  • Ben Winograd, Immigrant & Refugee Appellate Center

May 10, 2022 in Conferences and Call for Papers | Permalink | Comments (0)

Job Announcement: Executive Director of the Binger Center for New Americans (U. of Minn.)

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The University of Minnesota Law School seeks a visionary leader, committed to immigration advocacy and justice, to lead the Binger Center for New Americans. The Executive Director is the primary staff administrator responsible for (1) leading the Center in the ongoing development and implementation of its vision and core mission, especially the Education & Outreach Program, (2) leading partnership collaboration and communication necessary to promote and engage in the Center’s work, and (3) fostering connections with a broad constituency of networks, community partners and immigrant advocates in the region and nationally. The Executive Director works in collaboration with the Center’s faculty director and engages clinical faculty, staff, and law students together with the Center’s partners and stakeholders, the Director of the Law Clinics, and Law School leadership in order to set and carry out the Center’s priorities.

The Center’s Education and Outreach Program connects the Center’s clinics to community needs and goals, which inform the development of the Center’s programs and litigation to protect immigrants and impact the immigration system. Through legal education, organizing, pro bono legal services, and capacity building, the Education and Outreach Program supports community efforts to break down systemic barriers and empower communities.

The Executive Director will be a skilled and experienced community-driven leader, with expertise in immigration advocacy and a thoughtful eye for partnership opportunities to advance immigrant rights work across the Law School, the Twin Cities community and beyond. They will be adept at encouraging broad community-building, engagement, and action-oriented results.

Job Duties:

Lead and Implement Strategic Planning & Initiatives – 20%

  • Lead the overall vision, strategic planning, and execution of initiatives for the Binger Center, in partnership with the Binger Center’s faculty director, clinical faculty, and staff, partners, and stakeholders, as well as the broader Clinic and Law School leadership.
  • Engage and foster connections with a broad constituency of networks, community partners and immigrant advocates in the region and nationally with Binger Center initiatives.
  • Develop partnership opportunities to advance the Binger Center’s work across the Law School, the Twin Cities community and beyond.
  • Engage in development opportunities, in partnership with the Law School’s Advancement team, that align with the Binger Center’s and Law School’s needs.

Direct the Education & Outreach Program - 50%

  • Direct the Binger Center’s Education and Outreach Program and the program’s initiatives, including supervising the Community Outreach & Program Coordinator.
  • Provide oversight and implement the Education and Outreach programs alongside Center outreach staff and law students and volunteers. A range of activities include: large-scale community workshops to designed to help immigrants understand their legal rights, working collaboratively with community partners to develop advisories, guides, and other tools to support new immigrants and the agencies that serve them, an annual full-day continuing legal education conference, educational seminars designed to train pro bono lawyers and law students for immigration-related public service, general public events, and student-led presentations.
  • Lead existing Education and Outreach programs, including: Rural Immigrant Access Initiative, Afghan Evacuee Project, Translation and Interpretation Program, Human Rights Defender Court Observation Project, and law student service learning trips.
  • Lead or, in partnership with an adjunct faculty member, manage the semester-long Rural Immigrant Access Clinic, including working with clinical law students to develop pop-up legal clinics in rural communities that have limited access to immigration attorneys and have experienced dramatic increases in immigration apprehension and detention.
  • Lead the Binger Center’s Immigration Law Field Placement course and identify opportunities for law student experiential learning opportunities in the area of immigration law and policy.

Lead and Oversee Operations for the Center - 20%

  • Serve as the primary liaison for the Center with Clinic and Law School Leadership, as well as with the University of Minnesota and the greater community.
  • Oversee operations for the Binger Center, including coordinating adjunct faculty, graduate and undergrad interns, and student and community volunteers.
  • Maintain the Binger Center’s discretionary budget and set budget priorities in consultation with Clinic and Law School leadership.
  • Develop and implement internal procedures for planning, outcome tracking, and communication, including leading planning sessions and community needs assessments with external partners.

Lead and Oversee Communications for the Center - 10%

  • Develop and lead the Center’s communication's plan, including public messaging and media outreach on an ongoing and as-needed basis.
  • Implement the Binger Center’s media strategy in collaboration with the Law School’s Communications Department and Clinic Leadership, including the annual report and ongoing messaging.

Qualifications

Required

  • BA/BS with at least 6 years of experience in community-driven work
  • Demonstrated understanding of U.S. immigration law and policy
  • Experience and skills in advocacy, activism, or community-driven work that aligns with the core values of the Binger Center
  • Demonstrated commitment to building and sustaining relationships
  • Capacity to effectively communicate, work collaboratively, directly supervise, and engage with staff and stakeholders at all levels
  • Excellent interpersonal, cross-cultural, and public communication skills; leadership, problem-solving, and consensus-building capacity; professional judgment and discretion

Preferred

  • J.D. from an A.B.A. accredited law school or other advanced professional degree with at least 4 years of professional experience dedicated to immigration-related community education and outreach, or a bachelors or higher degree with at least 8 years of professional experience dedicated to immigration-related community education and outreach
  • Nonprofit or higher education leadership experience

To apply, go to https://humanresources.umn.edu/jobs and reference job number 347632. This position is open until filled. Candidates, including people of color and women, are strongly encouraged to apply. Applications will only be accepted through the University of Minnesota online employment system and only complete applications will be considered. A complete application consists of a resume, cover letter, contact information for three references who will not be contacted without prior notice, and a diversity statement.

May 10, 2022 in Jobs and Fellowships | Permalink | Comments (0)