It's been quite the Friday in immigration news 🗞️. Here are my hot takes on the asylum news from today.
Speed & efficiency are great values for vaccine distribution but they are off base for asylum. Here's why: the cost of going too fast = sending people to their deaths. 1/10
The day's 1st announcement was from @TheJusticeDept & @DHSgov creating a rocket docket for families seeking asylum who are exempted from the cruel Title 42 policy that expels most families seeking safety. (They call it a "dedicated docket" but if it walks like a 🦆 ...) 2/10
I'm not against efficient systems if they're fair, but we're light years away from a fair system. Real talk: we do not have a working asylum system for the southern border. We have an expulsion policy-unjustified by public health needs-with a pitiful amount of exceptions. 3/10
And now those few families that are allowed to seek asylum will be put on a rocket docket to determine their safety. We've seen this movie before: both the Trump & Obama administrations used rocket dockets & both cut corners with people's rights. A 3rd time is not a charm. 4/10
What's my beef with rushed justice for asylum seekers? It just doesn't fit with the realities of the court system that asylum seekers face. 1st, there is the challenge of obtaining counsel in a new country where you likely don't speak the language & can't work on the books. 5/10
Add to that add the trauma that asylum seekers have faced--and the violence--both in their native country & for many while forced to wait in Mexico. It takes time for an attorney to work with the family to properly present their claims. Time here is not wasted it's required. 6/10
And, don't forget when you are fleeing for your life you generally don't stop to make copies of paperwork. So, it takes time to get the factual support necessary to present your asylum case in court. Rushed justice is no justice when it comes to asylum. 7/10
The Biden administration knows how to big, hard things. My ask is that when they think of asylum they think first about the need for fairness for families, not for speed and efficiencies. These are humans seeking safety. We must #WelcomeWithDignity 8/10
And news scoop #2? Brought to you courtesy of scoopster @Haleaziz. Guess what it is: another proposed reform of asylum focused on the value of efficiency and increasing speed of adjudications. Sigh.
I hope that for any further reforms, the first question the government officials ask themselves is: what would I want if it was my family? Would I want a faster process or a fairer one? 10/10
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#Breaking: some MORE Friday immigration news. Today, we escalated our effort to make sure the U.S. will #WelcomeWithDignity immigrant kids who were involved with MPP by asking the court to order the Biden admin to give these children their Congressionally mandated rights. 1/10
Remember MPP? It forced 70,000+ people seeking safety in the U.S. to live in squalid, dangerous conditions along the U.S.-Mexico border. The Biden admin has promised to stop MPP & has made progress on that, which we celebrate. But we're a long way from the end of MPP’s ills. 2/10
Under Trump, kids who interacted with MPP & then came across the border w/o parents or caregivers were treated horribly. Our plaintiffs shared heart-wrenching 💔stories about young children being put on planes & dropped off in countries where they had no parents. 3/10
🎉Victory! @POTUS has reversed the Trump Health Care Insurance Ban. This ban, which has long been enjoined due to our litigation, was a Trump policy designed to separate immigrants from their family members on the basis of wealth, health or status. whitehouse.gov/briefing-room/… 1/5
We joined forces with @latnet_PDX@ThinkLawLab@AILANational@SidleyLaw & a set of plaintiffs in Oct. 2019 to fight back against this shameful Ban. Because of these plaintiffs we were able to prevent this disaster of a policy from ever taking effect. When we fight, we win. 2/5
Our legal director, Esther Sung, put it best: “This ban masqueraded as a health issue, but was really only designed to keep immigrants from being able to reunite w/their families in the U.S. This policy undermined our public health system & we’re grateful to our plaintiffs." 3/5
Sanchez argument has started & counsel for TPS recipients is up. If you're listening there's a lot of talk about what the TPS statute says & if it meant to allow TPS recipients to adjust status based on certain words. It's important to remember what's at stake in human terms. /1
The TPS recipients in these consolidated cases have been in the U.S. for 20 years on TPS. Adjustment of status allows them to get green cards and stability in the country that is already their home. Of course, Congress could fix this by passing the #PromiseAct. /2
This issue has divided the courts of appeal below. The 3rd, 5th & 11th Circuits have determined that TPS recipients who originally entered w/o inspection cannot adjust status, while the U.S. Courts of Appeals for the 6th, 8th & 9th Circuits have held to the contrary. /3
Here's my Friday afternoon decoder ring for today's Refugee cap debacle. 🧵
First, these aren't numbers. Refugees are people fleeing persecution and in the last 4 years our country has shamefully turned its back on refugees. We need to #WelcomeWithDignity /1
Biden pledged to reverse the historically low levels of refugee admissions set by Trump. Trump set a shamefully low cap at 15,000 refugees. Biden pledged to set a humane number of 62,500 refugees this year. But he backtracked & today announced he would keep Trump's number. /2
This came after weeks of inaction by Biden & a failure to set the actual admissions number. This resulted in real harm to real people. Flights were cancelled & people who had been waiting for years in the refugee process had to start required processing checks anew. /3
Going to put some thoughts on the Texas v. U.S. hearing here. Nina Perales @MALDEF and the state of NJ, both representing #DACA recipients have already given brief remarks.
The Biden DOJ is speaking now and is discussing the Friday announcement that DHS would begin a rulemaking on #DACA and saying at minimum it will make substantive changes to the program.
First question from the Judge to DOJ: when is that rule making going to happen, anticipating that Texas will say "judge we have been waiting years for a decision."
Some Friday afternoon #DACA news. @TheJusticeDept just filed a notice before J. Hanen in the case brought by Texas challenging the legality of the DACA program. In that notice, DOJ says DHS intends to issue a Notice of Proposed Rulemaking proposing a new regulation on DACA /1
A status conference is set for March 30 @11 am CT in Houston where the parties will discuss what happens next. Just as a recap, the parties here are: Texas & other states trying to end the DACA program; @MALDEF & @NewJerseyOAG who have intervened to defend DACA & DOJ. /2
In a very welcome change, this will be the first time since this version of the case that DOJ will be defending #DACA. It's an important hearing to see what may come next in court. But we know that what needs to happen is for the Senate to pass #DREAM for a permanent solution. /3