Showing posts with label legal status. Show all posts
Showing posts with label legal status. Show all posts

Saturday, October 30, 2021

The “border crisis” numbers don’t add up

 ...[T]he “border crisis” narrative ignores several important differences between 2000 and 2021—the number of successful border crossings, the legal situation of the migrants who arrive, and the impact of a global pandemic.

By David L. Wilson, MR Online

October 29, 2021


In July, environmental activist Laiken Jordahl tweeted out a short video featuring what he called “the almighty border wall,” a section of fence at the Coronado National Forest in Arizona. The fence there includes several gates that need to be kept open at times of heavy rain. Without them, explained Jordahl, a staffer at Tucson’s Center for Biological Diversity, debris would accumulate behind the structure and floodwaters would eventually knock the wall down.

The gates were wide open. The only barrier was a few strands of barbed wire: anyone could easily have clipped the wire and walked through. No Border Patrol agents were in sight; neither were any would-be migrants.[…]

Read the full article:

https://mronline.org/2021/10/29/the-border-crisis-numbers-dont-add-up/


The Border Wall. Photo: David Bacon


Wednesday, August 19, 2020

Anti-Immigrant Policies Are Not Only Cruel, They Also Have an Economic Cost

Legalization and a fair work visa program would raise wages for many U.S.-born workers as well. This wage increase would in itself provide an important stimulus to an economy facing its worst crisis since the 1930s.

By David L. Wilson, Truthout
August 19, 2020
U.S. Citizenship and Immigration Services (USCIS), the government agency that processes visas, green cards and citizenship applications, claims it’s going broke. USCIS officials are threatening to furlough some 13,400 employees as early as August 30, after itially planning the measure for August 3. The furloughs would add to what was already a huge backlog in application processing, creating a disaster for tens of thousands of immigrant applicants. As many as 126,000 people already approved for citizenship may not be naturalized in time to register for the November elections.

Trump administration officials blame the agency’s financial problems on the COVID-19 pandemic...

Read the full article:
U.S.-Mexico border fence in Playas de Tijuana, BC. Photo: Guillermo Arias/AFP/Getty Images



Thursday, October 3, 2019

They Say They Support “Legal Immigration.” They Don’t.

Pro-immigrant banner at Mets game. Photo: Rise and Resist
The evening of September 7 protesters from Rise and Resist dropped a banner at a Mets game reading: “Immigrants Make Baseball Great.” When they tweeted out a video of the action, the usual suspects responded with tweets about “legal immigrants.”

This is a standard response from the right wing. The irony is that for the past two and a half years the Trump administration’s focus has been on cutting legal immigration. The travel ban was about excluding legal immigrants who were Muslim. The measures against asylum seekers target people exercising their legal right to apply for asylum (which they have even if they “entered without inspection”). The “sh--hole countries” remark was about legal immigrants from African countries. So it’s blatantly dishonest for the right to bring up legality when the goal is really just to exclude certain people.

We need to keep exposing this hypocrisy every time we encounter it.

But is this really worth the effort? Many people simply use the term “illegal” as a code word to disguise their racism; they give themselves away when they say someone “looks illegal.” But some are actually confused and think they are upholding an idea of the United States as a “nation of laws,” and it’s important to keep the issue clear: the right wing’s agenda is limiting all immigration—legal or otherwise—by poor people of color.

Note: John Oliver has provided an informative guide to the Byzantine process for getting legal immigration status. 

Thursday, December 20, 2018

“Politics of Immigration” Co-author Featured in Swiss Weekly

Jane Guskin is quoted extensively in an article run in August by the Swiss German-language newsweekly WOZ. The full article is available in German at https://static.woz.ch/1833/us-migrationspolitik/coming-out-einer-papierlosen

Below is a translation of the section where Guskin is quoted.

The "Coming Out" of an Undocumented Immigrant

Ever since Donald Trump became US President, the eleven million paperless people have been living in greater fear than ever before. A lot is at stake, especially for undocumented youths like Cecilia.

By Caspar Shaller, WOZ
August 16, 2018
...Many [undocumented immigrants] have had bad experiences with going public, says Jane Guskin. She researches global migration at the City University of New York, has been active in the asylum rights movement since the 1980s, and is co-author of the book The Politics of Immigration, which is considered a standard leftist reference book on US immigration policy. She suggests meeting in a Bengali restaurant in Queens, the urban district with the highest foreign-born population density in the country.

"When Daca was introduced, there was great skepticism in the community," says Guskin. "To qualify, you had to tell the state where you live and work, where you go to school." Many were afraid that this information could be used against them. "It turns out they were right," says Guskin grimly. "Some people go to the immigration office for their annual appointment and are picked up and deported by the ICE agency!"

American media are full of reports of the consequences of this uncertainty: Mexican citizens storm the consulates to renew their passports so they can quickly leave the US in an emergency. The head of a large New York hospital reported at a press conference that migrants were shunning health care institutions. Instead, they would place injured or sick relatives in front of the emergency room door and run away. And because the hurdles are high, the number of new applications for Daca has fallen sharply. "It costs $ 500 to apply. How can you pay for it if you have to work off the books?" Guskin asks. In addition, the forms are so complex that only lawyers can fill them out.

Anyway, Daca is just a poor compromise, says the longtime activist Guskin. There is no path to naturalization. No one is really willing to improve the legal situation of migrants. For decades the Republicans have been presenting themselves as protectors of an idealized America "from the foreign hordes," but in practice they have shown increasing interest in allowing a steady influx of cheap labor -- "completely disenfranchised, of course," says Guskin. "No one sets up a union or demands a minimum wage if the boss can threaten to call the immigration police."

This deception of the xenophobic Republican base was one of the reasons for Trump's electoral success. The Democrats, on the other hand, like to see themselves as defenders of minorities. But in reality, hardly any concrete action followed the inclusive rhetoric. At most there might be some little goodies before elections, if Democrats wanted to secure the votes of Latinos and Latinas. This is one of the reasons why many young migrants feel that the concept of "Dreamers" has become politically exploited. In the last elections less Latinas and Latinos voted for Hillary Clinton than expected.

"Obama, a Democrat, was the president who has deported the most people in US history," says Guskin. During his tenure, more than three million people were expelled. These mass deportations, the extension of the prison system and the militarization of the borders do not make Obama appear in the eyes of many migrants as the savior he is for many liberal Americans. He even introduced a fingerprint for migrants. The director of a migration organization told the New York Review of Books magazine: "Obama built this machine and then handed the keys to a maniac."...

Wednesday, October 31, 2018

Book Excerpt: Is Birthright Citizenship a “Magnet” for Unauthorized Immigration?

On October 30 Senator Lindsey Graham (R-SC) announced that he would introduce legislation to challenge birthright citizenship for the U.S.-born children of undocumented immigrants. “[I]t has become a magnet for illegal immigration in modern times,” the senator claimed. Many immigration opponents have asserted this, but they’re rarely challenged to provide proof.

We take a look at the available evidence in The Politics of Immigration: Questions and Answers, second edition, Chapter 4, “Why Can’t They Just ‘Get Legal’?”:

Children born in the United States are U.S. citizens, even if their parents are out-of-status immigrants. Opponents of immigration like to call such children “anchor babies,” implying that immigrant parents use their U.S.-born children as a way to establish themselves here. In July 2010 Senator Lindsey Graham (R-SC) claimed on Fox News that unauthorized women come to the United States simply to “drop and leave” their babies.

Most citizen children of undocumented immigrants are actually born some time after their parents have settled in the United States, according to a study of babies born to immigrants from March 2009 to March 2010. Just 9 percent of the out-of-status parents had arrived in 2008 or later; most had been in the United States for a number of years when the babies were born—30 percent had arrived between 2004 and 2007, and 61 percent arrived before 2004. For its October 2005 survey, Bendixen & Associates asked undocumented immigrants to give their reasons for migrating to the United States. The respondents overwhelmingly cited work opportunities; having “anchor babies” didn’t even rate a mention.

In any case, having a U.S. citizen child doesn’t help undocumented immigrants gain legal status, or even protect them from deportation. U.S. citizens have to be at least twenty-one years old to sponsor their parents for legal residency. Each year, thousands of people who have U.S.-born children are deported, leaving families shattered. A 2012 study by the New York University School of Law’s Immigrant Rights Clinic found that 87 percent of New York City immigration cases involving parents of U.S. citizen children between 2005 and 2010 ended in deportation….

If we ended birthright citizenship, what status would the U.S.-born children of undocumented immigrants have? Would they also be undocumented? In that case, ending birthright citizenship would increase the number of undocumented people in the country; the undocumented population would be at least 44 percent larger by 2050, according to a projection by the nonprofit Migration Policy Institute project. In other words, revoking the country’s long tradition of granting citizenship to everyone born here would expand and make permanent an underclass of vulnerable, easily exploited people without full rights—very much like the U.S. South under Jim Crow laws or South Africa under apartheid.

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

Friday, October 26, 2018

How can we make “Abolish ICE” a Reality?

Two of the immigrant rights movement’s historic demands provide a basis for actually closing the agency, and beyond that for building a movement to demand more fundamental changes.

By David L. Wilson, MR Online
October 25, 2018
Over the past few months immigrant rights activism has come to be defined largely by a demand to “abolish ICE.” The drive to close down Immigration and Customs Enforcement—a Department of Homeland Security agency responsible for internal enforcement of immigration laws—has figured in headlines, garnered support from activists and a few Democratic politicians, and provoked furious denunciations from conservatives. But despite the attention there seems to be little agreement on what’s meant by the phrase, or on how to turn it into a reality.[...]

Read the full article:

DSA members protest in New York, June 2018. Photo: Marty Goodman

Wednesday, October 3, 2018

Great Reporting on Devin Nunes’s Family Farm, But the Analysis Falls Short

On September 30 Esquire posted a fascinating article by reporter Ryan Lizza about the Iowa farm
operated by the family of California Congress member Devin Nunes, a major Trump supporter. The family quietly moved most of its California dairy operations to this farm, located in the small town of Sibley, more than a decade ago. Lizza wondered why they had been so careful to avoid publicity about the move, so he went to Sibley to investigate.

His investigation quickly turned into something out of the old hardboiled detective genre, with sources suddenly clamming up and mysterious vehicles tailing Lizza as he drove around town. Eventually the mystery was solved: dairy farmers and others in the area seemed to be heavily dependent on undocumented labor to carry out their operations. Lizza was unable to establish anything about the Nunes family’s farm, but the presumption is that they too relied on unauthorized workers.

Rep. Nunes himself appears to be a moderate on immigration issues, but he’s been an important enabler of the Trump regime, which is committed to a ferocious anti-immigrant agenda. Sibley farmers seem to maintain a similar duality: they disagree with Trump and their Congress member, white supremacist Steve King, about immigration policy, yet they vote overwhelmingly for these men. “There is massive political hypocrisy at the center of this: Trump’s and King’s rural-farm supporters embrace anti-immigrant politicians while employing undocumented immigrants,” Lizza writes.

Lizza’s reporting is great, but his analysis isn’t especially deep. He notes that Iowa’s dairy farmers use undocumented labor to save money—“workers start at fourteen or fifteen dollars an hour, the first farmer said. If dairies had to use legal labor, they would likely have to raise that to eighteen or twenty dollars”—but he doesn’t explore how “illegality” forces these workers to accept lower wages. And he fails to ask who ultimately benefits from the exploitation of undocumented farm workers.

Following the Money

It’s actually not the farmers, Lizza notes: “many dairies wouldn’t survive” if they had to pay authorized workers. In other words, the farmers underpay their workforce because they are being squeezed by the large food processing and distribution corporations, which pocket the extra profits. So an obvious question would be whether these corporations or their CEOs make contributions to anti-immigrant politicians like Trump and King. Unfortunately, Lizza doesn’t raise this.

He also seems uninformed about guest worker programs. As Iowa’s farmers see it, the best option is bringing in H-2A workers; farmers can exploit these laborers just as easily as the current undocumented force but without the risk of fines or jail sentences for violating immigration law. However, dairy farming requires year-round employees, while the current H-2A programs only allow seasonal hiring. The farmers want to remove this limitation.

Lizza dismisses the idea as “a fantasy in the current environment; Trump, King, and their allies describe such policies as ‘amnesty.’” Apparently Lizza hasn’t been paying attention. It’s true that King opposes the H-2A expansion, but Trump’s all for it. “Guest workers, don’t we agree?” he ranted at an April rally. “We have to have them.”

Tuesday, September 25, 2018

Researchers Claim the U.S. Has 22 Million Undocumented Immigrants

Authors of a controversial population study describe their methods
An academic paper published on September 21 by the academic journal PLOS One claims that as of 2016 the unauthorized population was between 16.2 million and 29.5 million. The number, proposed by three scholars associated with the Yale School of Management, is about twice as high as the estimated range of 10.8 million to 12.1 million used by most demographers, including those at the Migration Policy Institute (MPI), the Pew Research Center, and the government’s own Department of Homeland Security (DHS).

PLOS One simultaneously published a paper by MPI researchers sharply criticizing the Yale study.

Most demographers estimate the undocumented population’s size by applying a residual method to data from the Census Bureau, DHS, and DHS’s predecessor, the Immigration and Naturalization Service (INS). The data is compared to other public records to adjust for the well-known phenomenon of underreporting by undocumented immigrants. The Yale study takes a different approach: the researchers use government records and projections to estimate the inflow of unauthorized immigrants over the border and through overstays and then subtract an estimate of the immigrants’ outflow. (Some of the government’s estimates are discussed here and here.)

But as the MPI paper notes, it’s only in the past few years that DHS has been providing enough data on unauthorized inflows and outflows to justify estimates. The Yale study projects current estimates back to 1990, ignoring some of the major changes in immigration patterns that resulted from increased border enforcement over the 26 years from 1990 to 2016. The backwards projection method also means that any errors in the estimates for an earlier year are compounded in each subsequent year—in contrast to the residual method, which allows for researchers to make a fresh estimate each year.

The MPI study notes that the “residual method was put to the real-world test successfully in the 1980s,” when “estimates generated with this methodology” turned out to be “largely similar to the actual number of unauthorized immigrants who came forward to get legalized” through the 1986 amnesty. (We make the same point in the first chapter of The Politics of Immigration’s second edition.)

How Will the Right Use the New Study?

Anti-immigrant forces have been relatively silent so far—probably because of the current media attention to various crises for the Trump administration—but it seems likely they’ll be citing the Yale study in the future: anti-immigrant groups and rightwing pundits have spent years exaggerating the size of the undocumented population. For example, author and TV personality Ann Coulter regularly puts the number of undocumented immigrants at 30 million.

The rightwing position already gets a good deal of popular support because of widespread misperceptions about immigration. In 2011 Transatlantic Trends researchers asked people in the United States to estimate the proportion of immigrants here. On average, U.S. respondents thought immigrants—naturalized, documented and undocumented—made up 37.8 percent of the U.S. population at a time when the actual proportion was under 14 percent. (If we used the Yale study's estimates, the total foreign-born population would still be less than 18 percent.)

Inflated rhetoric by politicians leads to inflated numbers in people’s minds, and the media often fail to counter this with coverage of some important statistics. How do Coulter and fellow pundit Michelle Malkin get away with their claim that the 11 million figure must be wrong? Their supposed evidence is that the number hasn’t changed over the last decade. This seems convincing because the media constantly report figures on border apprehensions. So the public knows that unauthorized migrants are continuing to enter the country, and it seems like a common-sense conclusion that the undocumented population must be increasing. The media rarely note that undocumented immigrants are also leaving, at the about same rate as they’re entering.

Interestingly, one leading immigration-restrictionist organization, the Center for Immigration Studies (CIS), immediately rejected the Yale study. A September 22 CIS article expressed agreement with the MPI’s critique and added some additional points. For example, CIS estimates that if the Yale figure was correct, the Department of Education’s 2014 count of children enrolled in schools would have been about 1 million higher. (The Southern Poverty Law Center lists CIS as an anti-immigrant hate group; however, CIS statistics tend to be accurate, although the group’s analysis of them is often questionable.)

Who Are the Study’s Authors?

The study’s authors seemed a little defensive in a September 21 video presentation posted by Yale Insights to explain their methods The authors insisted that they had no political agenda to promote. Co-author Edward H. Kaplan pointed out that the study could be used to counter efforts to depict undocumented immigrants as criminals, since if the undocumented population was doubled, the undocumented crime rate would fall in half.

(This might actually undercut the report. Based on statistics from Texas, the Cato Institute’s Alex Nowrasteh has determined that undocumented immigrants are convicted of crimes at a lower rate than the native born but at a higher rate than immigrants with legal status, who tend to be older, more affluent and less likely to be arrested. The Yale study would have the improbable result that undocumented immigrants have same conviction rate as authorized immigrants.)

Between them the Yale authors have expertise in statistics, management, economics and engineering, but none seem especially knowledgeable about demography or immigration issues. Publications by Kaplan and Jonathan S. Feinstein include studies on terrorism and counter-terrorism. Kaplan seems especially interested in the subject. One article “presents staffing models for covert counterterrorism agencies such as the New York City Police Department, the US Federal Bureau of Investigation, Britain's Security Service or the Israeli Shin Bet,” according to its abstract.

Saturday, September 1, 2018

DACA’s Still Alive—For Now

In a surprise move, on August 31 Judge Andrew S. Hanen, a U.S. district judge in Texas, denied a request by Texas and nine other states for a preliminary injunction to block Deferred Action for Childhood Arrivals (DACA) applications and renewals. However, Judge Hanen made it clear in his 117-page ruling that he opposed DACA on legal grounds, as he did in the past with a DACA expansion and Deferred Action for Parents of American (DAPA).

Photo: David Bacon
Observers had expected Hanen to grant the injunction. This would have brought him into conflict district judges in California, DC, and New York who issued injunctions supporting DACA, probably forcing the Supreme Court to take up the issue in the near future. Now it’s more likely—although not certain--that the issue will remain open until some time next year, giving DACA activists as many as nine months to campaign for a legislative fix.

Read United We Dream’s advice about Judge Hanen’s ruling:

1. DACA Renewals are still open: That’s the good news, Judge Hanen’s rejection of  Texas’ request means that Texas lost and DACA renewals are still in place. You should apply to renew your DACA now, if it expires before 2020. Go to http://www.renewmydaca.com/ or http://renuevamidaca.com/ and we’ll walk you through the process.

 2. The fight is not over: In his decision, Judge Hanen confirmed that he believes DACA is unlawful. This is no surprise since he was the one that killed DAPA/DACA+. Texas now has 21 days to appeal Hanen’s decision. We’ve yet to see how Texas will respond. Stay tuned for updates on anything that could impact you!  

3. New applications are NOT being accepted at this moment, and no one knows for sure whether they will be accepted in the future.

Read the full ruling:

Read the analysis by Vox’s Dara Lind:

Thursday, August 16, 2018

Update on Ravi Ragbir’s First Amendment Case

Photo by Erik McGregor

From: Ravi’s Defense Committee
August 16, 2018

On August 14, 2018, the U.S. Court of Appeals for the Second Circuit heard oral argument in Ragbir v. Homan, the First Amendment case filed by Ravi and immigrant rights groups, CASA, Detention Watch Network, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition and New Sanctuary Coalition (the “plaintiffs”).

William Perdue of Arnold & Porter deftly argued before a packed courthouse that Ravi and the New Sanctuary Coalition should receive a stay of deportation. Perdue stated that there is strong evidence that the government retaliated against Ravi because he has been outspoken about the injustices of our current immigration system and he, the New Sanctuary Coalition, and the community have exposed ICE’s cruel and unjust practices.[...]

Read the full update:

Tuesday, June 19, 2018

Roseanne, Immigration, and the Unasked Question

[T]here’s a second way the elite can exploit immigrant workers—as scapegoats. When people like Dan and Roseanne complain about their economic problems, the superrich and their hired propagandists point their fingers at undocumented immigrants.

By David L. Wilson, MR Online
June 18, 2018
On May 8, a few weeks before its cancellation, the popular sitcom Roseanne devoted an episode to immigration.

The main focus was on the title character’s anit-Muslim prejudices, but the plot hinged on a problem for Roseanne’s husband, a construction contractor: his loss of drywall installation work to a rival who employs undocumented immigrants. “I got underbid on Al’s job,” Dan, the husband, explains to Roseanne. “He’s using illegals… It ain’t right, Rosie. These guys are so desperate they’ll work for nothing, and we’re getting screwed in the process.”

This scene got its share of pushback.[…]

Read the full article:
https://mronline.org/2018/06/18/roseanne-immigration-and-the-unasked-question/


Friday, May 18, 2018

Judge Calls ICE on Its Lies, Sessions Decision Threatens Thousands

While the media obsessed with analyzing what Trump means by “animals,” two important stories were being overlooked. On May 15 a U.S. district judge appointed by George W. Bush ruled that ICE had behaved in an “arbitrary and capricious” manner and without any “rational explanation for its decision” in its efforts to deport DACA recipient Daniel Ramírez Medina. And on May 17 Attorney General Jeff Sessions threw out years of immigration court practice, denying immigration judges the ability to give immigrants a break by putting their cases on hold.—TPOI editor

Daniel Ramírez Medina
Bad Liars
ICE claimed a Dreamer was “gang-affiliated” and tried to deport him. A federal judge ruled that ICE was lying.

By Mark Joseph Stern, Slate
May 16, 2018
On Tuesday, U.S. District Judge Ricardo S. Martinez shot down the federal government’s efforts to strip Daniel Ramirez Medina of his DACA status. Immigrations and Customs Enforcement had arrested and detained Ramirez last year, then falsely claimed that he was affiliated with a gang and attempted to deport him. He filed suit, alleging that ICE had violated his due process rights. Martinez agreed. His order barred the federal government from voiding Ramirez’s DACA status, safeguarding his ability to live and work in the United States legally for the foreseeable future. What may be most remarkable about Martinez’s decision, though, is its blunt repudiation of ICE’s main claim—that Ramirez is “gang-affiliated.” The judge did not simply rule against ICE. He accused the agency of lying to a court of law.[…]

Read the full article:

For more on Daniel Ramírez’s case:

Justice Dept. Restricts a Common Tactic of Immigration Judges
Photo: Mark Wilson/Getty Images

By Katie Benner, New York Times
May 17, 2018
Attorney General Jeff Sessions issued a directive on Thursday that places limits on a tool commonly used by immigration judges and could put hundreds of thousands of deportation cases that are essentially closed back on federal court dockets.

The move, issued in an interim decision, is unlikely to reopen all the cases. But Mr. Sessions said that immigration courts could not put such cases on indefinite hold by using a practice known as administrative closure, which temporarily removes a case from a judge’s calendar and delays a proceeding that could remove an immigrant from the country.[…]

Read the full article:
Read Sessions’ decision:
https://www.justice.gov/eoir/page/file/1064086/download

Tuesday, May 15, 2018

Jeff Sessions is exerting unprecedented control over immigration courts — by ruling on cases himself

[An important piece on an underreported topic: the power Jeff Sessions has to make the immigration court system even worse than it is. And there's a real danger that he’ll use this power.—TPOI editor]
Jeff Sessions. Photo: Mark Wilson/Getty Images
The attorney general is poised to issue decisions that could determine the fate of tens of thousands of immigrants.

By Dara Lind, Vox
May 14, 2018
The fate of tens of thousands of immigrants’ court cases could rest in the hands of Attorney General Jeff Sessions.

That’s not a metaphor. Sessions has stepped into the immigration system in an unprecedented manner: giving himself and his office the ability to review, and rewrite, cases that could set precedents for a large share of the hundreds of thousands of immigrants with pending immigration court cases, not to mention all those who are arrested and put into the deportation process in future.

He’s doing this by taking cases from the Board of Immigration Appeals — the Justice Department agency that serves as a quasi-appellate body for immigration court cases — and referring them to himself to issue a decision instead.[…]

Read the full article:

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

Thursday, April 26, 2018

DACA Update #5: What Does the Latest Ruling Mean?

On April 24 DC District Court John D. Bates issued a complicated decision on DACA which many people seem to misunderstand. The short version is that the judge ordered a complete reinstatement of DACA unless the Trump administration comes up with a better reason for ending it. The government has 90 days to improve its original claims, and of course a higher court could overrule Bates. So the decision definitely doesn’t mean DACA recipients are safe.
DACA supporters march in San Francisco. Photo: David Bacon
Bates objected to errors in the grounds Jeff Sessions gave last September for rescinding DACA (see DACA Update #2 for other issues with Sessions on DACA). Basically Sessions' problem was that the DACA termination was going to be unpopular, so he wanted to find statutory and constitutional objections to the program instead of admitting the administration just didn't want it. But he botched the job.

Presumably the administration could use the 90 days to find a competent lawyer who could construct a better case for ending DACA.

Here’s a link to Bates’ decision, which is long and closely reasoned:

And here’s the letter Sessions wrote in September to justify ending DACA: https://www.justice.gov/opa/speech/file/994651/download

This is a news article on the decision from Vox’s Dara Lind:

And here’s a news article on the administration’s response initial response to Bates; it’s as sloppy as Sessions’ original memo:

Finally, this is TPOI  co-author Wilson’s comment on the New York Times article about Bates’ rejection of  Sessions’ rationale for terminating DACA: 

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.”

Monday, March 5, 2018

Activist Ravi Ragbir urges West Village churchgoers to help immigrants facing deportation

“So how can you help?…This is where I’m going to start challenging you. You can create a space where you can help someone. You can make a phone call. You can write a letter. You can tweet. You can just talk to someone about a fact, about what they are saying wrong. Talk to someone when they are saying propaganda.”

Ravi Ragbir. Photo: Tequila Minsky
By Edgar Sandoval and Reuven Blau, New York Daily News
March 4, 2018
Immigration rights activist Ravi Ragbir — who is being threatened with deportation — urged churchgoers Sunday to speak up against the anti-immigration wave sweeping the country.

“There are many people with green cards who are facing deportation,” he told a packed Judson Memorial Church in the West Village.[…]

Read the full article:

Thursday, February 22, 2018

Trump’s Immigration Ideas Get Even Weirder


Trump: 'I'm thinking about' pulling ICE out of California

By Rafael Bernal, The Hill
February 22, 2018
President Trump said Thursday that he is thinking of pulling federal immigration enforcement officers from California over the state's sanctuary policies.

"Frankly it's a disgrace, the sanctuary city situation," Trump said at a White House meeting on school safety.[…]

Read the full article:

America’s immigration agency removes “nation of immigrants” from its mission statement
The agency’s head also calls on staff to stop calling immigrants “customers.”

By Dara Lind, Vox
February 22, 2018
US Citizenship and Immigration Services isn’t for immigrants anymore.

That’s not an exaggeration. USCIS, the federal agency responsible for issuing visas and green cards and for naturalizing immigrants as US citizens, has unveiled a new mission statement that strips out all references to immigrants themselves — including taking out a line that called the US a “nation of immigrants.” And in an email to agency staff Thursday, as first reported by the Intercept’s Ryan Devereaux, director L. Francis Cissna bragged about the change — saying that USCIS wasn’t supposed to help immigrants and the US citizens seeking to sponsor them, but rather “the American people.”[…]

Read the full article:

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.