You'd think, given this has been going on for a decade, policy makers would not be surprised. It's been pretty consistently large migration flow for many years. Something we should plan for and accept. Period.
The flow started EARLIER than MPI tracks. And led to a major shift in the way that the UNHCR approached migration in the hemisphere. This was YEARS AGO.
unhcr.org/en-us/children…
Remember Enrique's Journey? A hugely important book, published back in 2007! Or the scholarship of Jacqueline Bhabha, who has been tracking the rise in child refugees all over the world for over a decade.
Bhabha wrote Children without a State in 2011. And other books afterwards. The kids have been coming for a long time. I think there is another problem.
The problem is that legal system we have to handle these kids in the US was CARVED out in the law that established DHS in 2002. It is what first sent kids to ORR. It's like, we'll make this exception to enforcement, but it's not really a full fledged humanitarian response.
And then the TVPRA made it about trafficking and non-contiguous territory. And left Mexican kids in a netherworld. And is only half heartedly in the best interest of kids.
Enrique's Journey by Sonia Nazario is still relevant. The path kids take is different. But many reasons they come are similar. Lots come because their parents are here. Passing legislation to regularize status of these parents is definitely part of the solution, not separate.
So it's not just administrations that have responded to a long term flow as a crisis every time. Congress too hasn't looked at the whole problem. And we've got more families coming now. But not much protection at all for them. So the kids will keep coming alone.

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More from @YaelSchacher

14 Mar
You know what I hate? The insistence that US asylum system was born after WWII. THE US DIDN’T SIGN UN REFUGEE CONVENTION IN 1952. US had an ad hoc refugee program till 1980. It would be generous to say asylum was born AT THE BORDER w/ 1980 Refugee Act. It’s been a struggle since.
I say this as a Jew whose paternal grandparents came to the US as displaced persons after WWII in one of the resettlement programs Congress established for discrete populations. US border with Mexico and the Western Hemisphere in general have been treated differently.
And this trade off of security at the border for immigration reform affecting people already here has been a toxic part of our politics since the 1980s and it’s time to let go. It hasn’t led to compromise or progress.
Read 10 tweets
25 Feb
So excited to launch this campaign today!

The United States has an obligation to welcome people seeking protection at its border.

But it’s not just something we must do; it’s something we can do.

Learn more about how #WeCanWelcome
wecanwelcome.org
Mirna's story is the first in a series we will be sharing about why this is so important and how we can get it right.

Read about her story and watch an interview with her here:

refugeesinternational.org/reports/2021/2…
Part of what this video shows is that family separation is not merely a product of "zero tolerance." Mirna's family traveled together. But they were separated because of an insistence by DHS on keeping someone detained (Mirna's husband) as a "deterrent."
Read 13 tweets
5 Feb
Short thread: When I started doing historical research on immigration, I was SHOCKED that only a small number of precedent BIA decisions are available to the public in volumes published since 1940. This decisions orders release of non-precedent decisions back to 1996.
There is no library open to public where a scholar like me can go find BIA unpublished decisions from the 1960s, 1970s or 1980s, for example, which would really help to understand the history of the evolution of immigration law (beyond merely legislative history).
Further, unpublished BIA decisions have not been deemed important enough for the National Archives to keep permanently. Ones from 50 years ago have likely already been destroyed. THIS IS ABSOLUTELY OUTRAGEOUS.
Read 7 tweets
23 Jan
Here are 10 questions I'm loosing sleep over regarding asylum at the border:
1) What process will the Biden administration put in place to help those who are already in MPP and have been waiting in danger in Mexico for a long time? Will it use parole for those with pending cases? What of those ordered removed and deported in abstentia?
2) Will the administration lift or change the CDC order so that asylum seekers can seek protection at the border?

3) If yes, will it rely on metering? Will it rely on swift screening that does not provide adequate due process? Will it shift away from detention?
Read 13 tweets
24 Dec 20
Finally finished reading The President and Immigration Law. Of course agree all immigration policy is not fulfillment of Congressional will. But disagree thatCongressional intent is always too hard to discern--especially when it comes too the Refugee Act of 1980.
Fact of the matter is: Immigration policy starting in 1981 consistently ignored a very clear Congressional mandate: don't prevent people from seeking asylum.
Is the INA complicated: yes. But, to my mind, the way the 1996 law took away court review and gave more discretion to the executive has made things much worse.
Read 12 tweets
23 Dec 20
"CBP insists that awarding contracts without first obtaining land is efficient."

Just WOW.

Great reporting.
texastribune.org/2020/12/23/tru…
"The Trump administration’s legal efforts have only intensified, with nearly 40 new eminent domain lawsuits filed in the Southern District of Texas since Election Day."

!!!!
Historians need to delve into this! "CBP’s toughest fights over eminent domain center on Starr County...where family properties date back to original Spanish land grants issued 250 years ago, well before the Rio Grande served as an international boundary."
Read 5 tweets

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