Archive for the ‘Illegal Immigration’ Category

Rebuilding from the ashes, Trump’s heritage on immigration and asylum policy – Amnesty International

With President-elect Joe Biden's new administration taking office on 20 January 2021, there will be an opportunity for the US administration to renew its commitment to human rights, not only by ending its own egregious human rights violations but also by re-engaging with the international community through the United Nations and multilateral institutions.

For four years the Trump administration has implemented policies that have time and again demonstrated its disregard for human rights and its desire to suppress the rights of specific groups for political gain. We have seen executive orders and federal policies passed, along with divisive and hateful rhetoric directed at women and girls, the LGBTQI+ community, Black and Latino people, migrants and refugees, among others.

One of the Trump administrations flagship issues, since his 2016 presidential campaign, has been migration and asylum. His promises to build a wall along the border with Mexico and to destroy the asylum system soon became public policy. His administration has devoted significant time and effort to punishing those who arrive in the United States seeking safety and protection, including families and children. This has affected people fleeing levels of violence comparable to war zones, coming from El Salvador, Honduras and Guatemala, those fleeing political repression in Cuba and massive human rights violations in Venezuela and Nicaragua, as well as a growing number of people forcibly displaced from countries outside the continent due to persecution and conflict.

Instead of offering shelter to people in need, the Trump administration devised a series of policies to criminalize them and deny them protection. It did this by claiming that there were insufficient resources to respond to these cases, all the while spending billions of dollars on militarizing the countrys borders.

In 2018, thousands of parents seeking asylum were charged with crimes under a zero tolerance policy that resulted in thousands of children being forcibly separated and detained, literally held in cages or flown to other facilities thousands of miles away, without consent and with no information as to their whereabouts. The US authorities have clearly and deliberately inflicted deep and lasting mental suffering on these families in an attempt to deter other desperate people from seeking asylum.

Instead of offering shelter to people in need, the Trump administration devised a series of policies to criminalize them and deny them protection

As if these incredibly cruel and illegal practices were not enough, the Trump administration then instituted the programme known as Remain in Mexico, which has forced tens of thousands of people seeking asylum at the Mexican border to wait in Mexican border communities in dangerous and insecure conditions. Under this programme, and with the agreement of the Mexican government, the Trump administration has forcibly returned nearly 60,000 people to Mexico while their US asylum applications are being processed, where they are at the mercy of organized criminal groups that extort, kidnap and assault them on a regular basis.

In 2019 the Trump administration also pressured the governments of Guatemala, El Salvador and Honduras to sign a series of safe third country agreements, enabling it to disregard its obligations to process asylum applications for people from third countries whose conditions may be far from safe and who are in need of protection.

The use of immigration detention has also soared in recent years. Tens of thousands of migrants, including thousands of asylum seekers and families with children, are currently being held in immigration detention centres up and down the country, under the supervision of the Department of Homeland Security (DHS), while they fight for their right to remain in the United States. The Trump administration has used immigration detention as a way of punishing people solely on the basis of their immigration status and criminalizing those fleeing persecution and violence in their own countries.

These detention practices are exacerbating a crisis beyond the US borders: tens of thousands of people have been deported during the COVID-19 pandemic, including hundreds who tested positive after contracting the virus while being detained in unsafe and unsanitary detention facilities in the United States. Deportees have reported facing exposure to the virus, a quarantine system in their home countries that violates human rights, and stigma.

By March 2020, there was virtually no further possibility of seeking asylum at the US-Mexico border. Using the COVID-19 pandemic as a pretext, the Trump government has illegally expelled tens of thousands of people, including families and unaccompanied children, under an order nominally issued by the Centers for Disease Control and Prevention (CDC) that empowers border officials to summarily return people to Mexico or rapidly return them to their home countries.

Making the most of his last months in office, President Trump has introduced a number of new anti-asylum eligibility laws, including a ban on asylum for any persons transiting through a third country en route to the United States; a broad new regulation that radically redefines all elements of the definition of refugee; and a general prohibition on eligibility based on public health, which is rooted in xenophobia and discrimination rather than science.

It will be no easy matter to reverse the suffering these policies have caused. Joe Bidens incoming government has promised a radical change in migration and asylum policy. And yet many of the human rights violations suffered by migrants and refugees are neither new nor exclusive to the Trump administration; his government merely sped up the machinery and dramatically exacerbated its dire consequences. This forms an outstanding historical debt that requires urgent attention.

President Biden will be able to set a new direction for his administration by, for example, issuing executive orders in his first days in office that place the human rights of people in need of protection at the heart of his actions. The United States has an opportunity to end its practice of unnecessary, costly and punitive immigration detention, which has caused such enormous human suffering and led to a crisis of infection during the pandemic.

Many of the human rights violations suffered by migrants and refugees are neither new nor exclusive to the Trump administration; his government merely sped up the machinery and dramatically exacerbated its dire consequences

Among other things, the Biden administration should also establish a moratorium on deportations during the COVID-19 pandemic, while dismantling the architecture of the Trump eras illegal asylum and immigration policies. Restoring the asylum system and humanitarian protection must start by annulling the 20 March order automatically expelling asylum seekers and unaccompanied children without due process, as well as overturning the dozens of policies that unfairly limit access to the right to seek asylum, including at the US-Mexico border.

The new administration must ensure that people who are waiting in border communities in Mexico under the Remain in Mexico programme are immediately accepted into US territory to continue their asylum application processes. It is therefore essential that Mexican President Andrs Manuel Lpez Obradors government cooperates closely with President Biden to put an end to this cruel and illegal policy.

The Biden government must furthermore establish strong alternative avenues of protection for people whose evident risk in their home countries requires urgent attention, such as the designation of temporary protection status for Venezuelan nationals and other forms of protection for people arriving from countries in crisis situations.

The road will not be an easy one but the political will shown by the Biden government since the election will be crucial in reversing the dire legacy of the Trump administration.

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Rebuilding from the ashes, Trump's heritage on immigration and asylum policy - Amnesty International

Readers React: Employers must be part of the illegal immigration issue – The San Diego Union-Tribune

Re Biden plans big changes in immigration system some wont be easy (Nov. 18): Just read Michael Smolens column about immigration.

One thing that is seldom mentioned in the debate is sanctioning employers. When I was a young contractor looking for day laborers, I heard that the Border Patrol was confiscating peoples trucks if they were transporting illegal workers. So I started asking for papers from the workers.

If Homeland Security started fining or arresting employers for employing illegal workers, both the job market and the reason to immigrate would dry up.

I know well-connected employers would cry bloody murder. And society would have to face the paradox of plentiful cheap labor versus illegal immigration. Perhaps it would allow a real conversation to take place.

Neil MeyerEscondido

Opinion resources

The U-T welcomes and encourages community dialogue on important public matters.

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Readers React: Employers must be part of the illegal immigration issue - The San Diego Union-Tribune

Migrant trafficking ring uncovered by Italy-Slovenia probe – InfoMigrants

Italian and Slovenian police say they have foiled an international criminal organization that helped migrants travel from a center for asylum seekers in Ljubljana to European countries -- mainly Italy, France and Germany. Alleged members of the association included people in charge of security at the hosting facility, investigative sources said on November 20.

Investigators at the police department of Ljubljana and Italian police last week completed a joint investigation into a criminal organization that allegedly trafficked immigrants in Slovenia and Italy.

A total of 12 people were charged as part of the investigation, including seven suspects who were detained, the police department of the north-eastern Italian city of Trieste said on November 20.

The investigation was directed by prosecutors in Trieste, based on a European investigation order requested by Slovenian magistrates.

The probe was carried out by security officials and border police in Trieste together with officials in Rome. The criminal complaints and arrests were filed and carried out in Slovenia.

Security officials said they discovered at least 26 episodes in which the criminal organization aided and abetted illegal immigration with the illicit transfer of 108 immigrants.

Italian authorities, alerted by Slovenian police, reported eight episodes between June and October this year in which 31 immigrants were apprehended by police along the border between Italy and Slovenia in the woods between Trieste and Gorizia.

During one of these operations, an Afghan citizen was arrested in the north-eastern Italian city of Gorizia on charges of aiding and abetting illegal immigration.

The probe, which was mainly carried out in the Slovenian Republic, discovered a criminal group that favored illegal immigration from Turkey, Iraq, Greece, Serbia, Bosnia and Herzegovina and Croatia until Slovenia, and from Slovenia to other countries in the European Union, investigators in Trieste said.

In many cases Italy was the country of destination.Several members of the criminal group, who were waiting to obtain international protection, were staying at the hosting center in Ljubljana, where the illegal transfers were organized.

According to evidence discovered by Slovenian police, one of the main suspects, who is also an asylum seeker, managed contacts abroad with the other members of the organization in order to follow the arrival of migrants in Slovenia and their subsequent illegal transfer to Italy and to other EU member States.

Members of the criminal group were well informed regarding immigration laws within the European Union and police procedures, investigators said.

The group was structured and members had different roles: some organized the departure of migrants from the country of provenance while others selected the places where they would be staying along the way. Others selected payment methods and confirmation of the migrants' arrival at their final destination in order for payments to be completed, the sources said.

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Migrant trafficking ring uncovered by Italy-Slovenia probe - InfoMigrants

Tamil Nadu Police Arrest Second Illegal Bangladeshi Immigrant In Three Weeks From Chennai Suburb: Here’s A Chronology Of Such Immigration – Swarajya

A 22-year-old woman from Bangladesh has been arrested by Tamil Nadu police from Minjur, an industrial Chennai suburb, for staying without a valid visa.

This is the second such arrest of an illegal Bangladeshi immigrant near Chennai in the last three weeks after a 22-year-old man was arrested from another industrial suburb Avadi.

Local media said that the 22-year woman, Papia Ghosh, arrested by police yesterday (24 November), had entered India illegally after befriending a West Bengal resident, Shashi Sheikh, through Facebook.

Both of them had come to the hosiery town of Tiruppur and stayed their briefly. Sheikh got a job with a container firm at Minjur and this brought them to the Chennai suburb.

Ironically, both of them had registered their marriage at Pollachi in the States Coimbatore district in February.

Three weeks ago, Tamil Nadu police arrested 22-year-old Basha, who entered the country illegally and was working at a construction site in Arikambedu near Avadi Heavy Vehicles Factory which manufactures the latest battle tanks for Indian defence forces.

Basha had crossed into India four years ago and had worked at the hilly resort town of Kodaikanal for two years before coming to Avadi two months ago.

This is the latest in a slew of incidents in which illegal Bangladeshi immigrants have been detected in this part of the country.

Observers say that many illegal Bangladeshi immigrants are present in Tamil Nadu, Kerala, Telangana and Karnataka, where they are employed at construction sites, rubber plantations, coffee estates and other related sectors, besides brothels.

In August this year, a 30-year-old Bangladesh woman was arrested from Madurai for staying illegally. She had married S Thoufiq, founder of Naam Manithar Katchi, who was involved in the kidnapping of businessmen for ransom to fund terrorist activities in the region.

A month ago, an illegal Bangladeshi woman was arrested from the Uppal area in Telanganas capital Hyderabad for running a brothel along with her Indian husband.

A native of Narayanagunj district in Bangladesh, the 35-year-old Moyna Akhtar aka Shafeeq Ul Islam had even obtained an Aadhar card.

Another Bangladeshi, a 26-year-old woman, was rescued from a brothel last month from Rachakonda near Hyderabad. She had entered illegally from Jashua district.

In June this year, a group of illegal Bangladeshi immigrants were detected in Tiruppur trying to get employment in the hosiery industry. Another six-member group of illegal migrants were found living in Cheral village in Keralas Ernakulam district.

These illegal immigrants earn up to Rs 800 as daily wages in Kerala, taking up various jobs. Kerala is facing a labour shortage for construction and rubber tapping, as locals find taking up such jobs a hurdle to getting married.

In Tamil Nadu, locals find easy money from various social welfare schemes and the Mahatma Gandhi National Rural Employment Guarantee scheme, forcing industries to look for workers from north and north-east regions.

Illegal Bangladeshi immigrants find their way to the deep south of India, disguising as Bengalis.

In May, Swarajya reported that illegal Bangladesh immigrants were detected at another Chennai suburb, Tambaram, after two groups of immigrants fought over sharing of Coronavirus relief materials.

The groups were let scot-free with police saying that they had left the place to another one. The illegal immigrants had come from Bengaluru, where they were employed in the construction sector.

In February this year, 40 illegal Bangladesh immigrants were deported by Tamil Nadu after discreet checks found they had settled in various parts of the State, while they arrested another four illegal immigrants later that month from Erode district.

In January, police arrested five illegal Bangladesh immigrants in Krishnagiri district, that borders Bengaluru in Karnataka.

In December 2018, Times of India reported that 21 illegal Bangladesh immigrants detected living in Tiruppur after getting Aadhar, voter identity and ration cards besides passports had felt being at home in Tamil Nadu. One of the immigrants had even filed an income tax return.

S B Chavan, who was the Home Minister during P V Narasimha Raos 1991-96 rule, told Parliament, in response to a question, that it is difficult to estimate the number of Bangladesh immigrants illegally living in India as they enter surreptitiously and are able to mingle easily with the local population because of ethnic-lingual similarities".

The Institute of Defence Studies and Analysis, in a report on illegal migration from Bangladesh in December 2016, said that in the absence of any authentic official data on the number of illegal migrants, the census data on population growth has been always presented as an indicator of large-scale illegal migration from Bangladesh to India, particularly the North-East.

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Tamil Nadu Police Arrest Second Illegal Bangladeshi Immigrant In Three Weeks From Chennai Suburb: Here's A Chronology Of Such Immigration - Swarajya

Will: Where the GOP and the Framers disagree – The Winchester Star

WASHINGTON This nations empirical and inquisitive Founders considered information conducive to improvement, which is one reason the Constitution mandates a decennial census. And why James Madison soon proposed expanding the census beyond mere enumeration to recording other data. Today, the census provides an ocean of information indispensable to understanding this complex society. And it determines the disbursement of $1.5 trillion annually from the federal government.

On Nov. 30, the Supreme Court will hear arguments in a census-related case concerning a question of large philosophic interest and practical consequences: Was it constitutional 22 states, 15 cities and counties and other entities say no for the president to order the exclusion of unauthorized immigrants from the enumeration of states populations used for apportioning congressional seats? Apportionment was the initial reason for the census, and remains its only constitutional function.

The president says: Because the census original and fundamental purpose concerns Americans as a political community, it would be incongruous to give congressional representation to illegal immigrants who are subject to removal from the country. Foreign tourists should not be counted, and military personnel stationed abroad should be, because the former are not, and the latter are, members of the political community.

This argument, though interesting for a political philosophy seminar, is insufficient for the Supreme Court, which must construe the two constitutional provisions concerning apportionment. One (in Article I) mandates an actual Enumeration of persons other than Indians not taxed. The second (in the 14th Amendment) says seats in the House of Representatives shall be apportioned among the states counting the whole number of persons in each state, excluding Indians not taxed. An amicus brief by two constitutional scholars, Ilya Somin of George Mason University and Sanford Levinson of the University of Texas, demonstrates that neither provision allows the exclusion of unauthorized immigrants.

The Framers understood persons broadly, with the sole exception of Indians not taxed because they were considered noncitizens with an allegiance to distinct political communities: their tribes. The Framers would not have expressly excluded Indians not taxed if persons excluded foreigners or others with an allegiance to a government other than the U.S. government. So, the Framers clearly meant persons to include immigrants.

Most of the Framers, say Somin and Levinson, did not believe the federal government had the power to exclude immigrants there was no significant federal immigration restriction until 1875 so they could hardly have intended to exclude from apportionment illegal immigrants. Furthermore, the Framers expected that the congressional apportionment count would include the more than half the adult population that was not entitled to vote because of gender, or property requirements.

Members of Congress, Somin and Levinson argue, have always been thought to represent the interests of many persons in 1790, at most 70% of white men, and few others, could vote to whom they were not directly accountable at the ballot box. Today, most states deny the vote to children under age 18, and some felons, yet these groups are counted in congressional apportionment.

The 14th Amendment, which stipulates the enumeration of the whole number of persons, elsewhere uses the term citizens. So, by persons the amendments authors denoted a broader category. The Supreme Court has held that in this amendment persons refers to the total population, including immigrants, whatever their status under the immigration laws.

The court has repeatedly held that the person[s] the Fifth Amendments Due Process Clause protects (No person shall be deprived of life, liberty, or property, without due process of law) includes aliens in the U.S. population. And unlike foreign diplomats or tourists, the United States is the usual residence of unauthorized immigrants.

The 1787 Constitutional Conventions Committee of Style replaced inhabitants with persons, so supporters of excluding unauthorized immigrants from the census enumeration for apportionment argue, implausibly: The Framers considered the two words synonymous, and that foreigners by definition cannot be inhabitants. But Somin and Levinson say that in its original public meaning, inhabitants meant people who intend to stay somewhere indefinitely. Therefore, these facts matter: More than 60% of the estimated 10.5 million unauthorized immigrants have lived here more than 10 years, and more than 20% for more than 20 years.

Republicans would benefit from not counting illegal immigrants for purposes of apportionment: This would reduce congressional seats (and electoral votes) in mostly blue states (27% of such immigrants are in California) and shift power away from cities. Republicans generally say, however, that the Constitution should be construed according to the texts original meaning. Forced to choose between power and principle, well . . .

George Wills column is syndicated by The Washington Post.

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Will: Where the GOP and the Framers disagree - The Winchester Star