Crafting Immigration Policy in America 5

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Crafting Immigration Policy in America 5

joulukuu 5, 2020, 4:01 am

Judge Orders Trump Administration To Restore DACA As It Existed Under Obama
Vanessa Romo | December 4, 2020

...Under the order filed Friday, Judge Nicholas Garaufis of U.S. District Court in Brooklyn instructed the Department of Homeland Security to begin accepting new applications for the Deferred Action for Childhood Arrivals program as soon as Monday.

In his ruling, Garaufis said the terms of the federal program must be immediately restored to what they were "prior to the attempted rescission of September 2017" when the White House began a series of maneuvers to dismantle the program.

The judge also instructed officials to reinstate two-year permits for qualifying applicants. Over the summer, the administration had begun issuing one-year permits.

...Court documents said that DHS has until Monday to post a public notice "displayed prominently on its website and on the websites of all other relevant agencies, that it is accepting first-time requests for consideration of deferred action under DACA."

joulukuu 31, 2020, 6:43 am

Downsides of being an "anchor baby":

Why 'Accidental Americans' Are Desperate to Give Up Their U.S. Citizenship
Vivienne Walt | December 23, 2020

...Other than Eritrea, the U.S. is the only country in the world with citizenship tax rules, demanding that all Americans—including anyone born in the U.S.—submit yearly tax filings to the Internal Revenue Service, no matter where they live. And since 2010, when the U.S. introduced the Foreign Account Tax Compliance Act, or FATCA, all the world’s banks have been obligated to begin reporting on the activities of their American customers.

This year, the U.S. began enforcing those rules in earnest. Although the U.S. Treasury temporarily relaxed the rules last year, as the tales of woe mounted, the easing of the regulation ended in January, when the Treasury refused to extend a moratorium against banks who do not send their clients’ data to the U.S. Despite pleas from European Union officials, the U.S. refused to reconsider, and beginning on Jan. 1, 2020, threatened to impose fines potentially up to billions of dollars, on foreign banks that do not share their U.S. clients’ information.

Since then the rules have ensnared thousands

...When President Obama introduced FATCA in 2010, its intention seemed reasonable: To catch rich Americans shielding their wealth from the IRS. It came after a whistleblower in the 2000s revealed how Americans were hiding billions of dollars in tax-free Swiss banks.

However, the law has acted as a dragnet with miserable unintended consequences. In several interviews with lawyers and victims, they describe time and again how ordinary people have been embroiled in years of problems, after suddenly being made aware—often from their banks—that an accident of birth has put them under suspicion.

...FATCA likely never intended to target foreigners like Brouwer-Hoogsteen, who have no connection to the U.S., and do not owe a dime in U.S. taxes. “There is a problem with Americans looking to use foreign tax havens to disguise their income,” says Zell, the U.S. lawyer in Israel. “But they are not expats. They are in the U.S.”

Zell’s lawsuit against the State Department, filed on Dec. 9 on behalf of the Paris-based Association of Accidental Americans, argues that the law has “brought within its draconian regime Americans who have nothing to hide.” It claims FATCA violates the U.S. Constitution, by effectively forcing people to remain citizens against their will—in part because the fees to relinquish American citizenship jumped in 2014 from $450 to $2,350, a sum many U.S.-born people could not afford to pay.

(Even so, more and more people are paying it. In the first three months of this year, 2,907 gave up their U.S. citizenship, according to U.S. Treasury statistics, the highest quarterly figure ever recorded. American expat organizations believe the real figure is probably far higher, since many names do not appear in the official registry, and say the increase is partly due to FATCA).

...Congress or the U.S. Treasury, which experts say could fix the problem, for example by creating a new category of permanent expats, and permitting people to register as “qualified nonresidents.”

...In the end, it might be courts in Europe that finally force the U.S. to change tack. As this year drew to a close, several legal challenges across Europe are on the verge of being filed in courts, arguing that FATCA violates the Continent’s data protection laws, which are far stronger than in the U.S...

tammikuu 14, 2021, 11:15 pm

Trump official admits family separation policy 'should never have been implemented' (Guardian)

Rod Rosenstein publicly denounces ‘zero-tolerance’ policy for first time, following report showing US didn’t effectively coordinate care for children...

tammikuu 18, 2021, 10:13 pm

Pink seesaws across US-Mexico border named Design of the Year 2020 (Guardian)

A collection of bright pink seesaws that allowed people to interact over the US-Mexico border has won the prestigious Design of the Year award, with its creators saying they hoped the work encourages people to build bridges between communities...

helmikuu 19, 2021, 11:23 pm

US releases 25 asylum seekers into country, repudiating Trump policy (Guardian)

Move is milestone in undoing ‘Remain in Mexico’ program, which forced those seeking US entry to wait outside border...

helmikuu 20, 2021, 7:51 am

New Report Calls on the Biden Administration to Put an End to Close-to-Slavery Conditions of the H-2A Guest Worker Program (Oakland Institute)

As the Biden administration begins dismantling Trump's anti-immigrant legacy and contemplates reforms to US immigration policy, it will have to take the crucial decision of whether to continue or terminate the H-2A “guest worker” program. A new report by the Oakland Institute, Dignity or Exploitation — What Future for Farmworker Families in the United States?, documents the systematic abuse of workers in the H-2A program and its impact on the resident farmworker communities, confronted with a race to the bottom in wages and working conditions.“The H-2A program has created a captive labor force, made to work in brutal and often illegal conditions. In practice, it is not far from slavery” ...

helmikuu 24, 2021, 5:09 am

Sephen Miller! Stephen Miller...

Stephen Miller set to brief House conservatives

The meeting is the latest indication that the GOP is keen on keeping Trump-era immigration politics and using them as a spear against Biden.

...The main salvo will be delivered this weekend when Trump is set to address the Conservative Political Action Conference and devote part of his speech to the topic. But days before then, the architect of Trump’s immigration policy, Stephen Miller, will discuss the issue with conservative House members as they organize their opposition to Biden’s planned changes to Trump-era immigration regulations and his recently unveiled blueprint for comprehensive immigration reform legislation.

...Immigration policy is quickly emerging as a prime motivator for conservatives in the Biden era. The promise of more lenient and humane policies has led to confusion and fears of a massive influx of migrants at the border. The opening of a migrant facility for minors has sparked rebukes from the left and accusations of hypocrisy from the right. And Republicans, including Miller, have criticized the ambitious, 357-page immigration plan introduced on the president’s behalf last Thursday by Sen. Bob Menendez (D-N.J.) and Rep. Linda Sanchez (D-Calif.), in apocalyptic terms.

“It is the most radical immigration bill ever written, drafted, or submitted in the history of this country,” Miller said during an appearance on Fox News. “It is breathtaking.”...

huhtikuu 1, 2021, 11:48 pm

The latest issue of the University of Notre Dame's Peace Policy focuses on refugees, with a couple of articles of global concern plus one entitled "The Convention on the Rights of the Child and the Failure to Protect Refugee Children on the U.S.-Mexico Border".

The children who cross Mexico and arrive at the U.S. border are not “immigrants,” not “illegals,” not merely “undocumented minors.” Those children are refugees of a war, and, as such, they should have the right to asylum. But not all of them have it.

Muokkaaja: huhtikuu 3, 2021, 10:51 am

The International Refugee Rights Initiative April 2021 refugee legal aid newsletter contains a number of articles of relevance to "crafting immigration policy" in the USA.

huhtikuu 13, 2021, 12:04 am

Huge Trump-era and pandemic immigrant visa backlog poses challenge for Biden (CNN)

Even though President Joe Biden has moved to reverse many of his predecessor's anti-immigration policies, the consequences of those restrictive measures linger and have contributed to a massive backlog of nearly 2.6 million visa applications.

The backlog includes nearly half a million applicants who are "documentarily qualified" and ready for interviews, according to a recent legal filing by the State Department. Backlogs in some immigrant-visa categories are 50 or even 100 times higher than they were four years ago, at the start of the Trump administration.

Some of the backlogs are due to restrictions imposed in response to the Covid-19 pandemic. But some also spring from pre-pandemic Trump policies or actions that the Biden administration hasn't unwound. The Biden administration is still reviewing or hasn't fully reversed some measures that slow or block processing...

huhtikuu 20, 2021, 12:17 am

Why is the right obsessed with ‘defending’ borders? Because it sees citizenship as a commodity (Guardian)

Xenophobia plays a crucial role, but to truly understand the border crisis we need to take a global economic perspective...

the “great replacement” conspiracy theory – the false claim, which has motivated fascist mass murderers from El Paso, Texas, to Christchurch, New Zealand, that governing elites have conspired to undermine majority-white populations by encouraging immigration...

The right will usually defend such positions on the grounds of security, while the left – correctly – attacks the xenophobia and racism on which they are partly founded. But is there another way to understand the particular role that the border crisis plays in our current politics? The economist Branko Milanović has argued for the importance of seeing citizenship – not just for who it excludes, but for the benefits it confers on the holders – as a crucial factor in shaping the way that the rich world relates to the rest of the globe...

huhtikuu 24, 2021, 11:53 pm

ICE ends Trump-era policy of fining undocumented immigrants, calling penalties 'ineffective' (CNN)

Immigration and Customs Enforcement will no longer issue fines to undocumented immigrants who have failed to depart the United States, the agency announced Friday, a reversal from the Trump-era policy that threatened immigrants with thousands of dollars in debt to the federal government. ICE officials said the agency rescinded the two Trump-era orders on the collection of financial penalties after determining the policy to be "ineffective," and that it intends to cancel fines already issued to undocumented immigrants. The move, one of several shifts away from the Trump administration's hardline immigration policies, is part of the Biden administration's effort to narrow the scope of immigration enforcement. "There is no indication that these penalties promoted compliance with noncitizens' departure obligations," Homeland Security Secretary Alejandro Mayorkas said in a statement. "We can enforce our immigration laws without resorting to ineffective and unnecessary punitive measures"...

toukokuu 4, 2021, 12:06 am

Joe Biden raises Trump refugee cap after backlash (BBC)

President Joe Biden has lifted the US annual refugee cap, bowing to backlash from his party after he initially opted to stick by the Trump-era figure. The Democratic president is raising the cap from 15,000 to 62,500 after outrage from progressives and refugee agencies. Mr Biden said the lower figure "did not reflect America's values"...

toukokuu 4, 2021, 12:08 am

The May edition of the International Refugee Rights Initiative's "Rights in Exile" newsletter containes a number of articles relating to US immigration policy.

toukokuu 5, 2021, 8:16 am

David Wessel (Brookings) @davidmwessel
U.S. women had 3.61 million babies in 2020, down 4% from 2019; fewest since 1979.
Fertility rate—average number of babies a woman will have over her lifetime—fell to 1.64, lowest since government began tracking it in 1930s

Births in U.S. Drop to Levels Not Seen Since 1979
Millennials fuel continued downward trend in fertility rates
Jane Adamy | May 5, 2021
via WSJ

Image--US births per year, 1910-2020 ( )

6:39 AM · May 5, 2021

toukokuu 24, 2021, 12:14 am

Children speak of sickness and neglect in US asylum camps (BBC)

The US has a vast system of detention sites scattered across the country, holding more than 20,000 migrant children. In a special investigation, the BBC has uncovered allegations of cold temperatures, sickness, neglect, lice and filth, through a series of interviews with children and staff...

heinäkuu 4, 2021, 11:35 pm

The International Refugee Rights Initiative's 125th issue of their Rights in Exile Newsletter for July 2021 contains a number of articles relevant to crafting refugee rights in the USA, including:

Disasters, climate change and refugee law

What does “credible fear” really mean?

US Court of Appeals finds that immigration judges must affirmatively develop the record for certain asylum seekers

US Board of Immigration Appeals finds mere continuation of an activity does not warrant new asylum claim

US Attorney General Garland vacates decisions restricting access to asylum for domestic violence and gang-related claims

US Supreme Court united against “magic words” and judge-made rules on asylum seekers’ credibility

US immigration detention has now been referred to as “torture” — the US government will surely have to pay reparations

How to make the US asylum system efficient and fair

The US is failing to protect pregnant asylum seekers

Vietnamese refugees found a home in the US — Afghans deserve no less

elokuu 6, 2021, 11:16 am

Opinion: How a little-known law might help protect the ‘dreamers’
Vice President Harris meets with Deferred Action for Childhood Arrivals recipients on July 22. (Ken Cedeno/Bloomberg)
Jody Freeman and Matthew Stephenson | 8/6/2021

...a federal judge in Texas ruled that President Barack Obama exceeded his authority in creating the program in 2012. Under Deferred Action for Childhood Arrivals, dreamers are exempt from deportation if they meet certain eligibility criteria, allowing them to receive work authorization and other benefits. The judge’s legal reasoning is questionable. But given the current makeup of the Supreme Court, it might be upheld.

Congress could easily fix this problem — and it should have, years ago.

...the Congressional Review Act offers another way around the 60-vote (filibuster) hurdle. The law authorizes Congress to disapprove agency rules using a fast-track process — one that bars amendments, prevents delays in committee and, most significantly, requires only a majority vote. Once passed, so-called disapproval resolutions go to the president for signature just like any other law. Disapproved rules are effectively canceled — an agency may not implement or reissue a disapproved rule.

...First, the Department of Homeland Security would issue a rule declaring that in light of the court’s ruling, the department will no longer implement the DACA program — exactly what the federal judge ordered. The department would then submit this rule to Congress for review. (Importantly, agency statements that announce general policies or legal interpretations count as “rules” that Congress can use the Congressional Review Act to disapprove.)

Next, Congress would deploy the Congressional Review Act’s fast-track procedures to pass a resolution disapproving the department’s rule. Once President Biden signs the resolution, it becomes the law of the land, with the same legal force as any other statute. And that means the DACA program may now continue. After all, the federal judge’s conclusion that DACA must be terminated was presented to Congress, in the form of an agency rule, and expressly disapproved.

...Fixing the broken U.S. immigration system will eventually require more comprehensive reform. But the Congressional Review Act gives Congress a way to help the dreamers right now.


elokuu 13, 2021, 11:32 am

Parents of 337 children separated at border under Trump still not found (Guardian)

US officials still cannot find the parents of 337 children separated at the Mexico-border by the Trump administration. According to a new court filing released on Wednesday by the justice department and the American Civil Liberties Union, attorneys, activists and Biden officials have helped reunite 861 children with their parents but 337 remain in limbo.

In February, the Biden administration launched the Family Reunification Task Force as part of its efforts to undo the Trump administration’s controversial “zero-tolerance” policy that called for the criminal prosecution of adults crossing the border. The policy resulted in thousands of families being separated and received severe backlash from human rights organizations and immigration advocacy groups. Forty-five separated children have been reunited with their families since the creation of FRTF...

lokakuu 21, 2021, 11:42 pm

US border agents engaged in ‘shocking abuses’ against asylum seekers, report finds (Guardian)

Shocking instances of sexual and physical abuse of asylum seekers at the southern US border by federal officers have been uncovered by Human Rights Watch, after a years-long battle to wrestle the information from the Department of Homeland Security under freedom of information laws.

A stash of redacted documents released to the human rights group after six years of legal tussles uncover more than 160 cases of misconduct and abuse by leading government agencies, notably Customs and Border Protection (CBP) and US Border Patrol. The papers record events between 2016 and 2021 that range from child sexual assault to enforced hunger, threats of rape and brutal detention conditions. Some of the incidents involve alleged criminal activity by federal agents.

Human Rights Watch said that the documents “paint a picture of DHS as an agency that appears to have normalized shocking abuses at the US border. The US should take urgent and sustained action to stop such abuses”...

lokakuu 29, 2021, 12:19 am

US to pay close to $1m to families separated at border: Report (Al Jazeera)

The Biden administration is reportedly negotiating a plan to offer $450,000 per person to migrant families who were separated at the United States’ southern border as part of the “zero tolerance” policy of predecessor Donald Trump. Citing people familiar with the matter, the Wall Street Journal reported on Thursday that Homeland Security, the Departments of Justice, as well as Health and Human Services are considering paying what could be close to $1m per family in settlements – since most of the families separated were made up of one parent and one child...

marraskuu 4, 2021, 12:44 am

Biden administration rescinds Trump-era policy limiting migrants at legal ports of entry (CNN)

The Department of Homeland Security has rescinded a Trump-era policy limiting entry of undocumented immigrants at legal ports of entry and released new guidance on the process, according to a recently-released memo. Migrants seeking asylum can present at ports of entry to make their claim, but under the Trump administration, DHS put in place policies limiting the processing of undocumented immigrants, including asylum seekers, at ports. The practice, known as "metering," essentially created a waitlist to allow people to enter only if the department had the capacity to process and detain them at one of its facilities. The latest memo, dated November 1, rescinds that policy, but migrants could still be expelled under a Trump-era public health order allowing the swift removal of migrants encountered at the US-Mexico border...

joulukuu 13, 2021, 11:02 pm

Good to see that at least one western democracy is holding political leaders accountable for their actions.

Inger Stoejberg: Jail for Danish ex-minister for asylum separations (BBC)

A former Danish immigration minister has been found guilty of illegally separating young asylum-seeking couples in a landmark impeachment trial. Judges ruled Inger Stoejberg's decision in 2016 to separate couples was unlawful and jailed her for 60 days...

Between 2015 to 2019, Ms Stoejberg served as Denmark's immigration minister in a centre-right government propped up by the right-wing populist Danish People's Party. During her tenure she took a hard line on immigration and introduced dozens of restrictions...

maaliskuu 3, 2022, 9:29 am

Trump’s border wall has been breached more than 3,000 times by smugglers, CBP records show
Nick Miroff | March 2, 2022

...The government spent $2.6 million to repair the breaches during the 2019 to 2021 fiscal years, the CBP records show. While the agency has acknowledged that smugglers are able to hack through the new barriers built by the Trump administration, the maintenance records show damage has been more widespread than previously known, pointing to the structure’s limitations as an impediment to illegal crossings.

Smuggling gangs typically cut the barrier with inexpensive power tools widely available at retail hardware stores, including angle grinders and demolition saws. Once the 18-to-30-foot-tall bollards are severed near the ground, their only remaining point of attachment is at the top of the structure, leaving the steel beam dangling in the air. It easily swings open with a push, creating a gap wide enough for people and narcotics to pass through...

huhtikuu 25, 2022, 10:33 am

Hopefully will become a template for others fleeing war & violence...

President Biden to Announce Uniting for Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing Russia's Invasion of Ukraine
DHS | Release Date: April 21, 2022

toukokuu 7, 2022, 7:05 am

Refugees..."You're a criminal."

1:24 ( )
From Stephen Fry

heinäkuu 27, 2022, 12:18 am

Here’s why a border-free world would be better than hostile immigration policies (Guardian)

A world in which everyone has the freedom to move and to stay might sound pie in the sky, but it can work... On 28 April, the Nationality and Borders Act passed, taking an axe to Britain’s international legal obligations to refugees. This came just after we marked 10 years of the hostile environment... And this hostility isn’t unique to the UK. Day in and day out, we see the global impact of racialised border violence. Scores of migrants found dead in the back of a trailer truck in Texas. People beaten by the authorities and left for dead in the Spanish enclave of Melilla. Rescue ships in the Mediterranean unable to find a safe port. Refugees on the Greek border coerced by police into pushing back their compatriots. Pushbacks, vigilantism and mass deportations are only the most extreme manifestation of restrictive citizenship and immigration policies designed to police and control national borders. But even as borders proliferate, resistance to them grows... These movements demand not piecemeal reform or friendlier border guards, but often the abolition of borders altogether. We can do much more than defend an indefensible status quo... What we call border abolition is most concerned with expanding the freedom to move and to stay. This does not mean advocating for free movement in the world as it is now configured, but rather for transformation of the conditions to which borders are a response. Abolition is concerned with presence: the presence of life-sustaining goods, services and practices of care. And it is concerned with absence: of violent state practices such as detention and deportation. In a world like this, borders would become obsolete...

heinäkuu 27, 2022, 9:22 am

>27 John5918: A world in which everyone has the freedom to move and to stay

I sometimes imagine what would happen if we tried to impose restrictions on movement across borders today. "Yes, it's very simple. There's an imaginary line on the ground which marks the spot where that government stops being responsible for the safety and well-being of the people living there, and this government starts. And if you try to cross that line without having the right paperwork, either we'll shoot you or they'll shoot you, depending on which way you're going. And if you're from the wrong place, or have the wrong skin, or fantasize about the wrong imaginary sky monster, or don't own the right amount of stuff, you can't have the paperwork."

I think that would probably not be considered a winning deal.

Muokkaaja: syyskuu 16, 2022, 2:30 pm

John Scott-Railton @jsrailton | 11:55 AM · Sep 16, 2022:
Chasing digital badness. Sr. Researcher @citizenlab @UofT @munkschool. Fmr.Ed. @SecPlanner.

Stop and watch this video.
Whatever you thought about the governors' stunt... it turns out it was worse.

4:22 Miami Herald ( )
From 🇺🇦Skyleigh Heinen🇺🇸

Muokkaaja: marraskuu 2, 2022, 7:15 am

Per capita, that would be 5 million immigrants per year in America! Interesting that one reason given for housing shortage in Canada is current immigration.

Ottawa reveals plan to welcome 500,000 immigrants per year by 2025
Plan to boost immigration comes as country faces labour shortage
The Canadian Press | Nov 01, 2022

...The announcement signals a significant increase from the 405,000 immigrants that came to Canada last year and the 465,000 expected to arrive next year.

Canadian industries are facing a significant labour shortage. About one million jobs are vacant across the country.

The new plan puts an emphasis on increasing the number of immigrants who will be admitted based on their work skills or experience over the next three years...

...planning a more moderate increase in the number of family reunification immigrants, from about 106,000 in 2023 to about 118,000 in 2025.

The federal government also said that it will moderately decrease the number of refugees coming to Canada from more than 76,000 in 2023 to just under 73,000 in 2025.

Despite that decrease, the United Nations High Commissioner for Refugees (UNHCR) welcomed the federal government's announcement, saying it applauds "Canada's leadership on refugee resettlement."

maaliskuu 4, 5:23 pm

moron President Biden finally to adopt Trump immigration policy on borders.
Apparently, Biden's idiocy sometimes has a limit.

maaliskuu 4, 7:25 pm

You're saying Trump is the limit of idiocy?

heinäkuu 18, 8:43 am

Gov. Abbott’s new push against migrants:

Texas trooper details 'inhumane' border policies in on Rio Grande

Texas troopers working Greg Abbott's Operation Lone Star initiative were ordered to push young children into the Rio Grande River and not give immigrants water

Threat level: In an email, the trooper reported that a pregnant woman having a miscarriage was caught in the wire in June, according to the newspapers.

It also said a 4-year old girl passed out from heat exhaustion as she attempted to pass the barrier and was pushed back by Texas National Guard soldiers.
A teen boy broke his leg trying to get around the barbed wire and had to be carried by his father.
The trooper also wrote that wire has increased the number of drownings by forcing immigrants into deeper parts of the water.

heinäkuu 18, 2:21 pm


Ronald Brownstein @RonBrownstein | 11:02 AM Jul 18, 2023:
Brownstein, a 2-time Pulitzer Prize finalist, is a senior editor @ The Atlantic, a senior CNN political analyst & author of NYT best-seller Rock Me on the Water

Red nation w/in a nation taken to the extreme: "Officers working for Abbott’s border initiative have been ordered to push small children & nursing babies back into the Rio Grande & have been told not to give water to asylum seekers even in extreme heat"

Exclusive: Texas troopers told to push children into Rio Grande, deny water to migrants, records say

Ronald Brownstein @RonBrownstein | 11:55 AM · Jul 18, 2023:
Per "the email, a pregnant woman having a miscarriage was found late last month caught in the wire, doubled over in pain. A 4-year-old girl passed out from heat exhaustion after she tried to go thru it & was pushed back by TX National Guard soldiers. A teenager broke his leg"

heinäkuu 19, 2:50 am

Canada just hit 40 million population: aggressive targets for skilled immigrants as well as for refugees are reportedly being felt in housing markets.

Andy Kim {Congressman} @AndyKimNJ | 2:42 PM · Jul 18, 2023:

This shows how America is failing the fight for global talent. In just 48 hrs, Canada hit their cap of 10K applicants who are H-1B visa holders in the U.S. who are struggling to stay because of our broken immigration. We are shooting ourselves in the foot on innovation and talent

Image ( )