Showing posts with label family ties. Show all posts
Showing posts with label family ties. Show all posts

Thursday, April 30, 2020

Trump’s Immigration Suspension Doesn’t Prevent Unemployment or COVID-19 Spread

The new policy wouldn’t have more than a minimal impact on joblessness in the United States, even if immigration actually determined employment levels — and it generally doesn’t.

David L. Wilson, Truthout
April 30, 2020
Late on the evening of April 20, President Trump tweeted that he was temporarily suspending immigration to the United States. For justification he cited what he called “the attack from the Invisible Enemy” — that is, COVID-19 — and “the need to protect the jobs of our GREAT American Citizens.”

Government officials had to scramble to make sense of Trump’s tweet, but by April 22, the White House staff had tacked together a presidential proclamation for Trump to sign.[...]

Read the full article:
Volunteers bring groceries to immigrants on lockdown. Photo: John Moore/Getty Images

Sunday, May 19, 2019

Taxing Students and Promoting “Merit-Based” Immigration: The Connection

Does Trump want skilled immigrants... (Photo: Platt/Getty)

On May 17 President Trump used a Rose Garden speech to promote changes to the immigration law that would reduce the number of family-reunification green cards (which Trump calls “chain migration” visas) available to foreigners while increasing the number of employment-based green cards (“merit-based visas,” according to Trump). In other words, the United States would bring in many more highly educated immigrants than currently.


Many or most would undoubtedly work in science, technology, engineering and math (STEM).

On the same day the New York Times happened to run an article by Erica L. Green explaining how the GOP’s massive 2017 tax package “drastically raised the tax rate on so-called unearned income for children with assets and young adults in school”—that is, basically for “[s]tudents with large financial aid packages.” The article refers to the new tax burden on poorer college and graduate students as an “unintended consequence,” but in fact the same reporter pointed to this likely consequence back in November 2017, before the tax bill became law.

It may be a coincidence that Green’s article came out on the same day as Trump’s “merit-based immigration” speech, but the reality is that the two GOP policies are closely linked, as Politics of Immigration co-author David Wilson explained in November 2017. The tax burden discourages U.S.-born youths from enrolling in higher education while intensifying employment-based immigration “would bring in a still greater proportion of [foreign-born] college graduates,” he wrote then.

"In other words, people who match the profile of the students driven out of careers in science and technology by the House tax bill. Are the Republicans seeing these immigrants as replacements for US-born STEM workers?

....to replace US STEM workers? (Photo: Piacquadio/Getty) 
"Of course this seems to contradict the politicians’ often expressed concern for 'middle-class Americans,' but it makes a lot of sense from the point of view of corporate America. After all, producing a homegrown physicist or software engineer requires a considerable investment of resources; immigrant STEM workers come with an education that was largely provided by their countries of origin, often at public expense."

Read the full article here:
https://truthout.org/articles/republicans-are-commodifying-immigrants-at-the-expense-of-us-students/


Wednesday, May 15, 2019

More Than 200 Immigration Policy Changes Under Trump: MPI

In just two years, the Trump administration has made more than two hundred policy changes affecting immigration, according to a 41-page report written by Sarah Pierce and published by the Migration Policy Institute (MPI) this month. These changes—implemented in areas where the executive branch can act without Congressional approval—constitute “one of the most assertive agendas on immigration in modern times,” Pierce writes.

Some of new policies, like the Muslim ban and the separation of families, have received widespread coverage, but most have garnered little attention; the media and even immigration policy experts have been overwhelmed by the sheer number. Many of the changes, including the ones overlooked by the media, have serious consequences for immigrants and their communities. Examples include former attorney general Jeff Sessions’ imposition of industrial-style speedup on immigration judges and his efforts to limit their ability to exercise discretion.

While most of the changes appear aimed at limiting immigration—a major goal of the administration—others seem merely petty and cruel. For instance, a December 2017 memo “eliminates prior language instructing judges to use the ‘best interests of the child’ standard to ensure that a case involving a minor takes place in ‘child appropriate’ hearing environment.” In other words, judges are not supposed to make allowances for the infants and toddlers that current immigration law forces to attend court hearings.
                       
The report, Immigration-Related Policy Changes in the First Two Years of the Trump Administration, is an invaluable resource for anyone concerned about immigration policy and it effects.

Download the full report:
https://www.migrationpolicy.org/research/immigration-policy-changes-two-years-trump-administration

Thursday, September 6, 2018

No More Compromises: We Need Immigration Amnesty Now!

  A daughter hugs her immigrant mother. Photo: Mario Tama/Getty Images
By David L. Wilson, Truthout
September 6, 2018
In mid-April, Immigration and Customs Enforcement (ICE) carried out a six-day operation in the New York metropolitan area, detaining a total of 225 people.

One month later, a young US citizen named Augustina stood in Manhattan’s Foley Square, a few hundred feet from ICE’s regional headquarters, and told a crowd of journalists and supporters how the series of raids — code-named “Operation Keep Safe” — had impacted her and her family. Claiming they were police, ICE agents “welcomed themselves in” at the family’s East Harlem apartment, she said, and led away her diabetic mother, who had lived in the United States for more than 30 years. As the oldest citizen left in the family, Augustina was now having to file for guardianship of her 12-year-old sister.

The media had covered the number of immigrants arrested in the April raid, Augustina noted, but not how it had affected their friends and relatives. “We’re not just numbers,” she said. “When will our undocumented families be recognized as human beings?”[...]

Read the full article:

Monday, July 23, 2018

Two Reports Describe Abuses at Detention Center

'Terrorized': Report Details Conditions at Child Detention Centers
A report filed in federal court details hunger, dehydration and forced sleeplessness at child detention centers in the Southwest.

By Alfonso Serrano, ColorLines
July 18, 2018
Frigid cells with foul-smelling drinking water. Children given rotten food and forced to sleep on concrete floors. No showers or clean clothes for days. Overflowing toilets in “dog houses.” These are just a few of the things detained children highlighted about the facilities where they were held.

“It was cold, very cold. I only had a t-shirt so I pulled my hands inside my t-shit to try to keep warm. There were no mattresses. We slept directly on the floor,” said Justin, a 13-yer-old immigrant from El Salvador. “I haven’t been able to call my father since I was locked up. I want to tell him where I am, and I want to talk to him.”

Justin’s description of United States detention centers, and testimony from interviews with 200 other immigrant children and adults, are part of an extensive report filed in federal court this week in Los Angeles by the Center for Human Rights and Constitutional Law.[…]

Read the full article:
Read the report:

Report finds more than 800 complaints of hate-related abuse in immigration detention

ImmigrationProf Blog
July 19, 2018
“Shut your black ass up. You don’t deserve nothing. You belong at the back of that cage.” - Warden to M.C. at the West Texas Detention Facility in Sierra Blanca, TX

“[Go] look in the mirror to see King Kong.” - Officer to A.B. at Bristol County House of Corrections, North Dartmouth, MA

“No one will believe baboon complaints.” - Officer to A.B. at Bristol County House of Corrections, North Dartmouth, MA

These are a few of the comments discussed in a report published by Freedom for Immigrants, a California-based nonprofit that visits people held in immigration detention.[...]

Read the full post:
Read the report:
https://static1.squarespace.com/static/5a33042eb078691c386e7bce/t/5b3174e46d2a73f2d1f56aab/1529967847644/FFI_NatReportAbuse_062518.pdf

Sunday, July 8, 2018

It’s Time to Decriminalize Immigration

Photo: US Customs and Border Protection via AP
Congress should repeal the law that allows for kids to be ripped away from parents and for migrants to be criminalized en masse at the border.

By Bob Libal and Judy Greene, Texas Observer
June 20, 2018
This week, the news has been dominated by horrifying scenes from the border of children being ripped apart from their parents who the federal government is criminally prosecuting. The best solution is to repeal the laws that allow for this injustice in the first place. That’s a far cry from the administration’s announcement today that families would be detained together in family detention centers during and following any criminal prosecution.[…]

Read the full article:

Monday, June 18, 2018

A New Item at “Immigration and the Law: A Chronology”

We have now added the Immigration Act of 1929 to Immigration and the Law: A Chronology. This was the first law making it a crime to cross the border without authorization.

1929: Immigration ActFor the first time makes it a crime to enter the country by fraud or anywhere other than at an official port of entry. This becomes a misdemeanor punishable by fine or imprisonment or both. Reentry of a previously deported alien is now a felony. The act adds two deportable classes: immigrants convicted of carrying any weapon or bomb and sentenced to any term of six months or more, and immigrants sentenced to a year or more for violation of Prohibition laws. Known as “Blease’s Law,” for the white supremacist senator who sponsored it.

Here is a link to an article by Kelly Lytle Hernandez giving some more history on the law, which was proposed by a white supremacist from South Carolina.

We weren’t able to find the text of the law online. If any reader knows how to access the text, please write us at thepoliticsofimmigration@gmail.com. Also, we welcome suggestions about other additions to the chronology, or any corrections you feel are necessary. We want this chronology to be a useful tool for people trying to understand the origins of today’s immigration system.

Sunday, June 17, 2018

Book Excerpt: What’s the Flores Settlement?

No, Flores doesn’t mandate this. Photo: John Moore/Getty Images
As outrage rises over the Trump administration’s family separation policy, Republican leaders have been trying to put the blame elsewhere—for instance, on the 1997 Flores agreement. In fact, on June 14 the GOP’s House leadership announced that it had a “moderate” bill that would end the family separations. It turns out the actual text would only end the Flores agreement.

We explain a little about the settlement and its history in Chapter 11 of The Politics of Immigration: Questions and Answers.

Locking Up Kids
In July 1985, four girls ages thirteen to sixteen seeking refuge from war-ravaged El Salvador sued the U.S. government and two private for-profit contractors over their detention. One of the plaintiffs was detained at a facility run by the Corrections Corporation of America (CCA) in Laredo, Texas, where authorities subjected her to strip search procedures—including vaginal and anal inspections—every time her attorney visited. The other girls, including lead plaintiff Jenny Lisette Flores, were held at a detention center in Pasadena, California, operated by Behavioral Systems Southwest. The children were not allowed to see visitors, and were not provided with any opportunities for education or recreation.

At the time, U.S. border and immigration authorities were detaining immigrant children—as many as 2,000, according to advocates—together with unrelated adults under prisonlike conditions. The numbers had grown after the government changed its policy in September 1984 and began releasing unaccompanied minors only to a parent or guardian; previously children could be released to any responsible adult. Advocates said the new policy scared away unauthorized parents, who feared arrest if they tried to claim their children.

Flores v. Reno was finally resolved in 1997 with the legally binding “Flores Settlement Agreement,” mandating specific protections for minors in immigration custody. Some of the settlement’s rules were codified into law over a decade later with the passage of the 2008 Trafficking Victims Protection Reauthorization Act. Under the Flores settlement rules, unaccompanied minors from Canada or Mexico are generally returned home “voluntarily” after a few days in custody. Children from other countries must be transferred within seventy-two hours to the Department of Health and Human Services Office of Refugee Resettlement (ORR), which releases them to a sponsor or a shelter and provides support services through its Division for Unaccompanied Children’s Services.

[We’re occasionally posting excerpts from the new edition of The Politics of Immigration: Questions and Answers. You can order here or from your favorite bookseller.]

Saturday, June 9, 2018

Family Separation Update: UN Human Rights Condemns, KIND Deplores, Judge Question, Father Found Dead After Separation

Cartoon: Rob Rogers, http://robrogers.com/
Press briefing note on Egypt, United States and Ethiopia

Spokesperson for the UN High Commissioner for Human Rights: Ravina Shamdasani
Location: Geneva
Date: 5 June 2018
Subject: (1) Egypt, (2) United States and (3) Ethiopia
[…]
(2) United States

We are deeply concerned that the zero tolerance policy recently put in place along the US southern border has led to people caught entering the country irregularly being subjected to criminal prosecution and having their children – including extremely young children -taken away from them as a result.

The practice of separating families amounts to arbitrary and unlawful interference in family life, and is a serious violation of the rights of the child. While the rights of children are generally held in high regard in the US, it is the only country in the world not to have ratified the UN Convention on the Rights of the Child. We encourage it to accede to the Convention and to fully respect the rights of all children. […]

Read the full briefing:

I work with children separated from caregivers at the border. What happens is unforgivable.
The policy has a devastating emotional impact on kids.

By Katie Annand, Vox
June 6, 2018
Helplessness. It’s what I feel when children are faced with forced separation from their parent or caregiver at the US border. Anger, sadness, uncertainty, and dismay all follow closely behind.

I work as an attorney with an organization called Kids in Need of Defense, or KIND, devoted to working with unaccompanied children. I hear firsthand stories that illustrate the severe impact of family separation on children; to say they are terrorized and completely devastated is an understatement. This new terror is compounded by the trauma already experienced by these children — the violence, persecution, and other harm they faced in their home country that caused them to seek protection in the US in the first place.[...]

Read the full article:

Photo: Scott Olson/Getty Images
Family Separation at Border May Be Subject to Constitutional Challenge, Judge Rules

By Miriam Jordan, New York Times
June 6, 2018
LOS ANGELES — A federal judge in San Diego on Wednesday refused to dismiss a lawsuit challenging the Trump administration’s practice of taking children from immigrants when they arrive at the border to seek asylum, ruling that the “wrenching separation” of families may violate the Constitution’s guarantees of due process.

“Such conduct, if true, as it is assumed to be on the present motion, is brutal, offensive, and fails to comport with traditional notions of fair play and decency,” Judge Dana M. Sabraw of the Southern District of California wrote in his 25-page opinion.[…]

Read the full article:

A family was separated at the border, and this distraught father took his own life

That’s when Muñoz “lost it,” according to one agent, speaking on condition of anonymity to discuss the incident.
“The guy lost his s---,” the agent said. “They had to use physical force to take the child out of his hands.”

By Nick Miroff, Washington Post
June 9, 2018
A Honduran father separated from his wife and child suffered a breakdown at a Texas jail and killed himself in a padded cell last month, according to Border Patrol agents and an incident report filed by sheriff’s deputies.

The death of Marco Antonio Muñoz, 39, has not been publicly disclosed by the Department of Homeland Security, and did not appear in any local news accounts. But according to a copy of a sheriff’s department report obtained by The Washington Post, Muñoz was found on the floor of his cell May 13 in a pool of blood with an item of clothing twisted around his neck.[…]

Read the full article:

Sunday, June 3, 2018

Reports on #EndFamilySeparation Protests

Protest in NYC’s Foley Square. Photo: NYU Immigrant Defense Initiative
Trump migrant family separations protested as U.S. is accused of violating human rights
The U.S. is violating "well established Inter-American standards," such as rights to family and to seek asylum and protection," said petitioners.

By Suzanne Gamboa, NBC News
June 1, 2018
Dagoberto A Melchor Santacruz hasn’t seen his 16-year-old partially deaf son since the two came to the U.S. border to ask for asylum. Maria Andrés de la Cruz awaits reunification with her three young children that agents separated from her and put in an icy cold cell. Antonio Bol Paau has been unable to find out where his 12-year-old son is for days.

Migrant advocates and attorneys accused the United States of human rights violations in an official complaint filed with the Inter-American Commission on Human Rights Thursday. The complaint came as activists protested in cities around the country against the Trump administration's latest tactic aimed at curtailing immigration.[…]

Read the full article:

Protesters Across the U.S. Decry Policy of Separating Immigrant Families

By Joel Rose and Marisa Peñaloza, NPR
June 1, 2018
Protesters gathered in more than two dozen cities across the country on Friday to condemn the Trump administration's practice of separating immigrant parents and children at the Southern border.

At least 600 children were taken from their parents last month as part of the administration's crackdown on illegal immigration.

"The stories are horrific," said Jessica Morales Rocketto, with the National Domestic Workers Alliance, who helped organize the protest in Washington, D.C.[…]

Read the full article:

Saturday, June 2, 2018

Enforcement Updates From Cato, Urban Institute, ACLU

The State of Immigration Enforcement

By Alex Nowrasteh, Cato Institute
May 16, 2018
President Trump’s administration is ramping up immigration enforcement in the interior of the United States and along the border.  However, the near-half-century low in illegal border crossers, the longer-settled illegal immigrant population inside of the country, and resistance by state and local governments are hampering his administration’s efforts to boost deportation.  Try as he might, his administration will not be able to ramp up removals to the level seen in the first term of the Obama administration.[…]

Read the full article:

ICE worksite raids are back. Here’s what we know about them

By Juan Pedroza and Molly M. Scott, Urban Institute
May 9, 2018
Last month, Immigration and Customs Enforcement (ICE) conducted a large-scale worksite raid at a meat processing plant in Bean Station, Tennessee, arresting 97 immigrants and grabbing national headlines. This action represents one of the Trump administration’s pushes to broaden immigration enforcement rather than target serious criminal offenders. But this type of enforcement isn’t new.

May 12 marks the 10-year anniversary of a massive raid at another meatpacking plant called Agriprocessors in Postville, Iowa. It was the largest, single-site enforcement action conducted by ICE, which arrested and processed 389 workers in the 2,200-person town. In just four days, most of these workers were sentenced to five months in prison and deportation.[...]

Read the full article:

                      
ACLU Report: Neglect and Abuse of Unaccompanied Immigrant Children by U.S. Customs and Border Protection

ImmigrationProf Blog
May 26, 2018
A new ACLU report (Neglect and Abuse of May 2018 Unaccompanied Immigrant Children by U.S. Customs and Border Protection) is attracting attention.  As the ACLU summarizes the report, "Documents obtained by the American Civil Liberties Union featured in a new report released today show the pervasive abuse and neglect of unaccompanied immigrant children detained by U.S. Customs and Border Protection. The report was produced in conjunction with the International Human Rights Clinic at the University of Chicago Law School.[…]

Read the full article:
Read the report:
https://www.dropbox.com/s/lplnnufjbwci0xn/CBP%20Report%20ACLU_IHRC%205.23%20FINAL.pdf

Sunday, April 29, 2018

Why Does DHS Want to Prosecute Asylum Seekers With Kids?

The Department of Homeland Security has now made it clear that its policy really is to separate parents from their children when they enter the U.S. to seek asylum. The policy will be implemented by prosecuting the parents if they attempt to cross the border anywhere except at a legal port of entry. This comes as a caravan of asylum seekers, mostly from Central America, prepare to cross the border into California today. The Trump administration has hyped the planned entry—by some 100 people, mostly women and children—as some sort of foreign invasion.

The plan to prosecute people for illegal entry, a misdemeanor, comes right after Huffington Post’s Roque Planas published an article about the way these prosecutions take resources away from the prosecution of far more serious federal crimes. The crimes that will get less attention include bank fraud, gun smuggling, money laundering—crimes that benefit people like bankers, arms manufacturers, and real estate moguls who sell to money launderers…. –TPOI editor

The invading caravan in Tijuana. Photo: Ariana Drehsler/BuzzFeed News
Top Homeland Security officials urge criminal prosecution of parents crossing border with children

By Maria Sacchetti, Washington Post
April 26, 2018
The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.[…]

Read the full article:

At the U.S. border, a diminished migrant caravan readies for an unwelcoming reception

By Nick Miroff, Washington Post
April 27, 2018
TIJUANA, Mexico — The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.

Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.[…]

Read the full article:

Jeff Sessions Wants to Make the Justice Department More Like ICE
But the attorney general’s plans come at a cost.

By Roque Planas, HuffPost
April 26, 2018
When Tim Purdon became U.S. attorney for North Dakota in 2010, he had a priority: improving public safety on the state’s four Indian reservations. Prosecuting violent crimes on Indian reservations falls to the Justice Department, and Purdon himself had worked similar cases as a public defender before taking on the U.S. attorney job.

But when Purdon took office, he found that more than a third of his criminal caseload consisted of immigration prosecutions, even though North Dakota lies more than 1,000 miles from the border with Mexico. Despite the state’s proximity to Canada, the defendants were by and large Latin Americans who’d been caught in the U.S. after getting deported. The cases were easy to win. All prosecutors needed was to present paperwork proving the prior deportation. But the cases sapped time away from Purdon’s prosecutors, whom he’d have rather tasked with crimes on the reservations or white-collar cases.[…]

Read the full article:
https://www.huffingtonpost.com/entry/jeff-sessions-wants-to-make-the-justice-department-more-like-ice_us_5ae0f3d3e4b02baed1b60aff?7pk

Saturday, April 21, 2018

Hundreds of Immigrant Children Have Been Taken From Parents at U.S. Border

Officials presented Mr. Trump with a list of proposals, including the plan to routinely separate immigrant adults from their children. The president urged Ms. Nielsen to move forward with the policies, the person said.
Photo: Jennifer Whitney/NY Times 
By Caitlin Dickerson, New York Times
April 20, 2018
On Feb. 20, a young woman named Mirian arrived at the Texas border carrying her 18-month-old son. They had fled their home in Honduras through a cloud of tear gas, she told border agents, and needed protection from the political violence there.

She had hoped she and her son would find refuge together. Instead, the agents ordered her to place her son in the back seat of a government vehicle, she said later in a sworn declaration to a federal court. They both cried as the boy was driven away.[…]

Read the full story:
Also see: 

Sunday, April 15, 2018

The Anti-Immigrant Agenda Advances: Don’t Be Distracted by Trump’s Rants

Prayer vigil in Morristown, TN, elementary school after raid. Photo: CNN
Update 4/26/18: At an April 25 congressional hearing, Jeff Sessions announced that he had changed his mind and wouldn't suspend the Legal Orientation Program, at least for now.

In a major raid on April 5, Immigration and Customs Enforcement (ICE) agents detained 97 employees at a family-owned meat-processing plant in Bean Station, Tennessee. The detentions devastated the rural area’s immigrant community. Local sources reported that some 600 children failed to attend school the next day, and churches were providing shelter for dozens of minors left without caregivers. More than 1,000 people gathered at a local elementary school on April 8 to show support for the detainees’ families. This was reportedly the largest workplace raid since the administration of George W. Bush, which carried out a number of massive raids, culminating in the May 2008 detention of 389 workers at a meat-processing plant in Postville, Iowa

The dramatic raid in Tennessee was hardly more than a blip in most national media. Immigration coverage that week had been overwhelmed by a burst of incoherent and fact-free rants from Donald Trump about borders and what he called “ridiculous liberal (Democrat) laws like Catch & Release.” But the raid is an important example of the extent to which the Trump administration has already been able to implement a hard-line anti-immigrant agenda without the need for Congressional approval—and without attracting a lot of attention from the media or the groups that focus on lobbying and electoral politics.

Making Bad Courts Worse

One area where the administration has concentrated its efforts is the immigration court system.

Despite the name, these courts aren’t part of the U.S. judiciary system; they’re administrative courts operated by the Department of Justice. In other words, an immigration judge is employed by the same executive branch which comes to the court seeking an immigrant’s deportation. This essential unfairness has been detailed neatly by TV satirist John Oliver. But now Attorney General Jeff Sessions is working to make the system even worse.

The immigration courts suffer from a massive backlog of more than 650,000 cases, one aggravated by the administration’s decision to step up detentions and deportations. Congress has provided funds to hire 100 additional immigration judges to help with the backlog, but this isn’t enough for Sessions. In a memo sent out at the end of March, the attorney general set a quota for immigration judges: starting in October each judge is expected to clear 700 cases a year. What this will produce is “an assembly line, not a judicial system,” according to a Los Angeles Times editorial, with “the very real risk of subverting due process rights as individual judges place their job security ahead of justice.”

Jeff Sessions. Photo: Mark Wilson/Getty Images
Since the cases brought before immigration courts are civil, not criminal, the government isn’t required to provide the immigrant defendants with lawyers. Since 2003 the Justice Department has sponsored a program (the Legal Orientation Program, LOP) which gives  some relief by offering legal advice to about 50,000 immigrants each years. A 2012 Justice Department study found that the LOP actually saves the government money and helps reduce the courts’ backlog, but as of April 10 the department had suspended the program, ostensibly in order to audit its cost-effectiveness. “This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due-process rights,” Mary Meg McCarthy, executive director of the National Immigrant Justice Center, told the Washington Post.

Sessions is also working to reduce the independence of the immigration court system’s appellate unit, the Board of Immigration Appeals (BIA). The attorney general has the authority to rule on cases and even to overturn BIA decisions, but Sessions’ predecessors used the powers sparingly. In contrast, the current AG has taken over three cases this year alone and has already decided one in a way that threatens the due process rights of asylum seekers. Stephen Legomsky, a former lead counsel for U.S. Citizenship and Immigration Services, calls the attorney general substituting his decisions for those of the BIA “analogous to a prosecutor in a criminal case deciding the case.”

Republican “Family Values”

The executive branch also has a great deal of leeway in how it handles the detention and deportation of immigrants it targets. There have been many abuses of this power in the past, but the present administration seems on track to set a record.

On April 10 the American Civil Liberties Union (ACLU) filed a class action suit in federal court in Boston challenging what it charged was a pattern of the government detaining immigrants as they were applying to the U.S. Citizenship and Immigration Services (USCIS)  to gain legal status as spouses of U.S. citizens. The suit cites seven cases in January alone of immigrants arrested while they were visiting USCIS offices in Massachusetts or Rhode Island while engaged in the application process.

The government can be equally harsh in the way it treats immigrants once they are detained. Before last December, immigration authorities released most pregnant immigrants while their cases were pending. The Trump administration ended the policy in December, and 506 pregnant women were placed in detention during the first three months of this year. Meanwhile, advocates say the Border Patrol has instituted a policy of separating the families of asylum seekers, leaving even very small children in isolation from their parents.

The Department of Homeland Security denies that there is a policy “that encourages the separation of parents from their children as a punitive or deterrence measure,” but advocates say there are “hundreds of cases.” This is from an administration led by a political party claiming that “family is the bedrock of our nation.”

“Thank You for Your Service”

But Trump’s immigration apparatus follows policies still more incompatible with his party’s supposed values. Sometimes it’s hard to see any motive for the government’s actions other than an eagerness to meet arrest quotas—or maybe just nastiness on the part of empowered bureaucrats.

The president claims to want “merit-based” immigration, but his immigration agents seem to have no problem targeting well-educated professionals who are already living here. In early April ICE seized a New Jersey physics teacher named Ahmed Abdelbasit and threw him into detention. If deported, Abdelbasit would face a death sentence in his native Egypt resulting from political activism. Earlier in the year ICE agents detained Syed Jamal, a chemistry teacher in Kansas, and an Illinois doctor, Lukasz Niec. Both are longtime residents with U.S. citizen children.

Deported veteran Miguel Perez
Republicans routinely call for “supporting our troops,” but this apparently doesn’t include Miguel Perez, a Mexican-born green card recipient, who served two tours in Afghanistan. Diagnosed with PTSD after his return, Perez fell into drug abuse, was convicted for an attempted cocaine sale, and served half of a 15-year sentence. The Obama administration began deportation proceedings against Perez in 2016, but the Trump administration finished the job—despite pleas from supporters, including Senator Tammy Duckworth (D-IL). The veteran was deported to Mexico on March 24 with little more than the clothes on his back.

And what about the president’s claim to be protecting U.S. citizens from the MS-13 gang? In 2015 a Salvadoran youth on Long Island decided to quit the gang and help the authorities arrest other members. We might expect the U.S. government to shield the teenager, possibly putting him in the witness protection program in order to encourage future cooperation from others. Instead, immigration authorities placed him in detention and are now attempting to deport him to El Salvador, where he feels sure he’ll be murdered as an informant.

Such practices have of course met a great deal of criticism. Last year White House chief of staff John Kelly, then the DHS head, had an answer for critics in Congress: “If lawmakers do not like the laws they’ve passed and we are charged to enforce, then they should have the courage and skill to change the laws,” he said. “Otherwise, they should shut up and support the men and women on the front lines.”

Wednesday, February 7, 2018

The Latest Nonsense About Immigration—a Quick Guide


By David L. Wilson, MR Online
February 7, 2018

We’ve seen and heard a lot about immigration in the past few weeks, and a good deal of it has been out-and-out nonsense. Many journalists and politicians simply don’t understand U.S. immigration policy, some consciously lie about it, and a few, like Donald Trump, manage not to understand and at the same time consciously lie.

Here’s a list of some of the immigration absurdities now circulating in the media and in the political class.

1. We have a big problem called “chain immigration.” People who say this are actually talking about the family-based visa system established by the 1965 immigration reform. The term “chain migration” refers to an age-old process of people settling in a new country and then sending for friends and relatives. Many or most European Americans got here through this kind of migration. So why do conservatives call family-based immigration “chain migration”? Simple: they claim to support family values, so they don’t want us to notice that they’re opposing a program that favors family reunification.

2. Family-based immigration means “a single immigrant can bring in virtually unlimited numbers of distant relatives.” Most people don’t live long enough to create anything like the migration “chain” we find in President Trump’s rants and rightwing TV ads. It’s true that a naturalized U.S. citizen can sponsor green cards for a spouse, for parents, and for minor children, but the process involves many bureaucratic hurdles and delays. To sponsor other close relatives, such as siblings and adult children, the citizen confronts a labyrinth of quotas and restrictions, with delays stretching into decades for people of certain nationalities. Green card holders face even stricter limitations and greater hurdles.

In January Trump claimed that terrorism suspect Sayfullo Saipov brought in “22 people through the chain.” PolitiFact calculates that the 29-year-old Saipov, a green card holder since 2010, could only have done this by somehow “fathering more than 20 kids before he left Uzbekistan.”

3. We also have a good visa program called “merit-based immigration.”  Currently the U.S. government makes immigration visas available for some people with special skills or employment opportunities; these visas are capped at 140,000 a year, including the applicants’ spouses and minor children. Conservatives generally like this program, but after years of charging that immigrants are “taking our jobs,” they’re naturally uncomfortable with the program’s usual name, “employment-based immigration.” So in the past decade they’ve been trying to rebrand it as “merit-based immigration.”

4. This program brings us people who “will contribute to our society and who will love and respect our country.” Republicans are trying to reorient the employment-based visa program towards admitting immigrants with advanced degrees in the science, technology, engineering, and math (STEM) fields. This probably does contribute to our society, but the Republicans’ real interest is the new workers’ ability to benefit U.S. corporations. Recruiting these immigrants gives U.S. companies a technological edge; creates a “brain drain” for the immigrants’ home countries, often U.S. economic rivals like China and South Korea; and compensates for the shortage of qualified U.S.-born workers caused by the failures of our own underfunded education system.

5. Current immigration laws have “deadly loopholes” which allow “criminals to break into our country.” This is a reference to the William Wilberforce Trafficking Victims Protection Reauthorization Act, which George W. Bush signed into law in 2008. The act was intended to protect unaccompanied minors arriving at the U.S. border; instead of turning the children back, Border Patrol agents are required to hand them over to Health and Human Services while their asylum claims are considered. Most of these minors are Central Americans fleeing violence in their own countries—violence largely created by the U.S. demand for drugs and U.S. support for rightwing regimes.

There really is a loophole, though—for the Border Patrol. The law excludes “contiguous countries,” giving the agents freedom to ship Mexican kids back across the border to face whatever the drug cartels may have in store for them.

6. The only important immigration issue now is the legal status of immigrants known as “Dreamers.” The main media and political focus has been on the nearly 700,000 younger immigrants currently losing work authorizations and the protection from deportation they had under Deferred Action for Childhood Arrivals (DACA), but more than 300,000 other immigrants, including Salvadorans and Haitians, are losing protections they had under the Temporary Protected Status (TPS) program. And of course there are another 10 million out-of-status immigrants who never had any protections to lose; at least two-thirds of them have lived here for a decade or more.

7. But of course we can’t give all these people legal status. For much of the twentieth century—through 1986—Congress periodically provided an avenue to legalization for unauthorized immigrants with long-term residence. A 1938 report for the Roosevelt administration explained the reasoning: “It is not in the best interests of the United States that there should be a considerable number of aliens here who have resided in this country for many years and who are otherwise eligible for naturalization and anxious to become citizens, but who are prevented from doing so” because of a lack of status.

Why can’t we apply that logic now? Or was amnesty all right in 1938 because back then the undocumented immigrants were mostly white?

8. Still, we need to be realistic and compromise on immigration. The White House talking points from January 25 laid out a hardline restrictionist agenda as the government’s bargaining position. Why shouldn’t immigrants and their supporters negotiate from an equally firm position? For example, polls show as much as 86 percent of the U.S. population supporting legal status for the Dreamers. Why in the world should we have to compromise on that? (The rest of Trump’s immigration agenda is also generally unpopular.)

9. At least we could compromise on Trump’s wall. There’s a widespread sense that it will do no harm to humor Trump by giving him $25 billion for increased border security. But even the existing border security is far from harmless. It disrupts border communities and causes environmental damage, and its main result has been driving migrants into inhospitable and dangerous terrain. More than 7,209 people have died trying to cross the Mexico-U.S. border in the last twenty years; for comparison, official estimates for deaths at the Berlin Wall from 1961 to 1989 are in the low hundreds.

What we actually need is a rollback of the border security regime, along with an investigation of corruption in the awarding of border security contracts. For example, how did we end up paying Boeing $1 billion for a barely functional 53-mile “virtual fence”?

10. We can count on Democrats to do the right thing for the Dreamers. The first version of the DREAM Act was introduced in 2001, before some of the current Dreamers were born. In 2009 and 2010 the Democrats controlled Congress and the White House. For two years the party leadership refused to put the bill up for a vote; when they finally allowed a roll call, in December 2010, the votes of five Democratic senators killed the legislation. Some Democratic politicians sincerely support immigrant rights; others are just trying to get reelected. We can only count on them when we’ve instilled a fear in their hearts that they may be looking for a new job after November.

11. Still, it’s up to the people in Washington; all we can do is make phone calls. Any progress that’s ever been made in this country has been driven by popular movements. Advances in immigrant rights will only come about when millions of people are backing immigrant activists in their struggles. We need to accompany them to immigration hearings; turn out for protests to defend their rights; report and—if we can do it without endangering others—record abuses by immigration agents; and consider risking arrest to prevent these abuses. We also need to do something seemingly less radical but no less difficult: educate ourselves on the realities of immigration policy and get this knowledge out to others, in personal conversations, through social media, at community meetings, at forums, screenings, and teach-ins—in any milieu where we can be heard.

“Knowledge is power,” according to an old adage. Rightwingers understand this; sometimes they even use the phrase as a motto. That’s why they’re working so hard to keep us in ignorance.

Sunday, January 7, 2018

Book Excerpt: What Are “Chain Migration” and the “Visa Lottery”?

On December 29 President Trump tweeted that “there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc.” As usual, he had no idea what he was tweeting about, but there’s a lot of confusion about these terms in the general public—especially about “chain migration,” which is now misused to describe what was previously known as “family reunification,” “family-based immigration,” or the “family preference visa.”

Here's what we say in The Politics of Immigration: Questions and Answers, second edition, Chapter 4, “Why Can’t They Just ‘Get Legal?’”:

Can’t immigrants bring their extended families here?
If you’re a U.S. citizen, you can generally apply to bring your “immediate relatives”—spouses, parents or unmarried children under twenty-one—here as permanent residents, although there are plenty of hoops to jump through, and it’s not always quick or easy. For other types of “family preferences,” an even more complex set of rules lays out “priority” categories and annual caps based on the family relationship and country of origin. Waiting times of ten to twenty years are not uncommon. In February 2015 the government was still processing family visa applications from as far back as August 1991. While they wait, applicants are disqualified from visiting the United States because they have shown “immigrant intent” by applying for immigrant visas.

Some conservatives now object to the “family preference” system, but it was actually introduced into the 1965 Immigration Act as a concession to conservative politicians who wanted to keep Asians and Africans out of the United States. Family preferences would mean “there will not be, comparatively, many Asians or Africans entering the country,” Representative Emmanuel Celler, a liberal New York Democrat who cosponsored the 1965 law, said in Congress during the final debate on the bill, “Since the people of Africa and Asia have very few relatives here, comparatively few could immigrate from those countries because they have no family ties to the U.S.”

What about the work visa and the “visa lottery”?
The government can also issue up to 140,000 immigrant visas a year for five categories of workers, and each of these has its own numerical limitations. The categories include professionals, people with special skills, and cultural or sports figures. There are openings for religious workers, former U.S. government employees, and investors, but only 5,000 visas can be issued to unskilled workers.

In 1986, Congress created a temporary category of “diversity” visas to bolster immigration from Europe, which had slowed thanks to a growing European economy. The Immigration Act of 1990 made the program permanent starting in 1995. The Diversity Immigrant Visa Program, often called the “visa lottery,” allocates 50,000 immigrant visas to different parts of the world under a formula favoring regions that have sent relatively few immigrants in the previous five years. Natives of countries that have sent more than 50,000 immigrants to the United States during the past five years are disqualified from participating in the lottery.

[We’re occasionally posting excerpts from the new edition of The Politics of Immigration: Questions and Answers. You can order here or from your favorite bookseller.]

Sunday, December 31, 2017

Blitzer on MS-13, Lind on “Chain Migration”

Two excellent articles from the mainstream to close out the year.—TPOI editor

The Teens Trapped Between a Gang and the Law
On Long Island, unaccompanied minors are caught between the violence of MS-13 and the fear of deportation.

By Jonathan Blitzer, New Yorker
January 1, 2018
Juliana grew up with a single memory of her father. He was sitting in the half-light of evening on the porch of their home, in a small town in El Salvador, while her mother cooked dinner in the kitchen. A man in a black mask emerged from the darkness. Juliana heard three gunshots, and saw her father fall off his chair, vomiting blood. She was three years old at the time, and afterward she wondered if the killing had actually happened. The most tangible detail was the man in the mask, who came to seem more present in her life than her father ever was. Juliana used to find her mother by the windows, pulling back a corner of the curtains to be sure that he had not returned. “It was like that man went on living with us,” Juliana told me. One day when she was older, her mother said that a gang called the Mara Salvatrucha, also known as MS-13, had killed her father for refusing to pay a tax on a deli that he operated out of the house.[…]

Read the full article:

What “chain migration” really means — and why Donald Trump hates it so much
Family-based immigration” doesn’t sound as scary — or get at the fear of losing control.

By Dara Lind, Vox
December 29, 2017
Over the course of President Donald Trump’s first year in office, his administration’s top immigration priority has shifted subtly. He’s talking less about deporting “bad hombres” and talking more — a lot more — about how “chain migration” is bad for the United States.

“We have to get rid of chainlike immigration, we have to get rid of the chain,” Trump told the New York Times’s Mike Schmidt in an impromptu interview at his West Palm Beach golf club in December.[…]

Read the full article: