Policy Updates

1.  Supreme Court Declines to Take DACA Case, Leaving It in Place for Now

On February 26th, the Supreme Court announced that it will not yet hear a key case dealing with the legality of DACA. The decision was issued in response to the Trump Administration’s attempt to bypass the 9th Circuit and take the case directly to the Supreme Court. The Supreme Court did not give any indication of how it may rule in the future, stating only that legal processes require the 9th Circuit to issue a decision before it proceeds to the highest court. This announcement means that DACA remains in place for current beneficiaries but is closed to new applicants. The future of DACA remains uncertain as court orders protecting key provisions have eased pressure on Congress to decide on a legislative solution. The issue has been picked up several times this year with no agreement in sight.
Want to read another analysis of the changes with DACA? Consider reading Linda Greenhouse’s op-ed in the New York Times here.

2.  Senate Begins Debate on Immigration and the Fate of "Dreamers"

On Monday, the Senate began an open-ended debate on immigration and the fate of Dreamers. Proposals will need 60 votes in order to succeed, but current plans seem unlikely to garner the required support. Some Republicans back Trump’s scheme, which includes a path to citizenship for Dreamers in exchange for billions allocated to border security and restrictions on legal immigration. Democrats adamantly oppose this plan but do not have the required votes for passage of their own plan, which would provide citizenship for Dreamers without border funding and changes to the legal immigration system. Trump’s support remains key, though his comments on immigration have ranged from sympathy toward Dreamers to racist disdain toward the immigrant community. The DACA program is set to end in March, but a federal court has ordered some protections to continue, reducing the likelihood that legislators will make compromises in an election year.  

3.  Forget the Wall, Trump's Plan Would Reshape U.S. Legal Immigration Dramatically

The Trump administration released its immigration proposal last week, which includes several important changes to the current immigration system. The most widely publicized of these changes were the request of $25 billion for increased border security and the establishment of a pathway to citizenship for Dreamers. However, other parts of his proposal hold the potential to have an even more transformative effect on the U.S. immigration system. These include restrictions on family-based migration and an end to the diversity visa lottery system. Trump’s proposed changes would limit family sponsorship to spouses and minor children, which would prevent U.S. citizens from immigrating their adult children, parents, and siblings. If adopted, these regulations would reduce the number of green cards granted yearly by an estimated 25%—50%. The proposal also seeks to facilitate detainment and deportation by expanding the catalog of deportable criminal offenses and allowing for indefinite detainment of immigrants as they await deportation.

4.  Congress Has Two Weeks to Fund the Government. They Have Three Working Days.

Following a three-day government shutdown last week, Democrats agreed to reopen under the condition of continued negotiations on immigration. Their new deadline is Febuary 8, but there is little indication of progress in these talks, and legislators are expected to pass another short-term spending agreement. Pressure builds as the Trump Administration has announced a complete end to the DACA program on March 5th.

5.  DOJ Wins First Case Revoking Citizenship of a Naturalized Citizen

The Justice Department announces court order to revoke naturalized citizenship—citing a fingerprint issue—the first revoked citizenship is of a citizen of India. Read more here.

6.  Memo from Attorney General Jeff Sessions May Narrow Immigration Judge’s Ability to "Administratively Close" Cases, Perhaps Increasing the Likelihood of Deportation

Administrative closures allow for immigration judges to close a case without making a determination as to someone’s legal status. Immigration judges have used administrative closures in the past to close cases that are not a high priority of deportation. Attorney General Sessions wants to review judge’s authority to close cases without final determinations. Administratively closed cases are now being reopened around the country, having the potential to backlog an already hampered immigration court system and increase deportation rates.

7.  Temporary Protected Status to be Rescinded from Salvadorans in the United States

Secretary of Homeland Security Kirstjen M. Nielsen announced the termination of Temporary Protected Status (TPS) designation for El Salvador. About 200,000 Salvadorans will lose their temporary protected status in the United States next year, and many attorneys are now scrambling to offer these immigrants a legal means to remain in the United States.
The Administration rescinded TPS from Haitians in November 2017, affecting approximately 59,000 Haitians living and working lawfully in the United States.

8.  Federal District Court Judge Says Trump Must Keep DACA Protections for Now

Federal District Court Judge William Alsup of San Francisco issued a nationwide injunction on January 9th, 2018, ordering the Trump Administration to continue the DACA program until legal challenges are resolved. Judge Alsup indicated that current DACA recipients must be allowed to renew their status, but the government is not required to accept new applicants or to allow DACA recipients reentry after leaving the country. Immigration advocates have welcomed the decision but will continue working towards a permanent solution, in the form of a “clean” Dream Act. Such an act would contain protection for Dreamers without imposing other Republican-supported changes, such as an end to family sponsorship and the visa lottery program.

9.  No Closer to DACA Deal, Republicans Push Plan B to Keep Government Open

As lawmakers continue negotiations for a spending deal, Republicans seek an extension to avoid a government shutdown. Democrats have stated they will not support any deal that does not include protections for Dreamers. However, Trump’s degrading comment about immigration from African countries has further polarized legislators, making an agreement on DACA more remote. Republicans hope to gain Democrat support by making concessions on other issues, including a delay on unpopular taxes and a reauthorization of CHIP, a children’s health program.

1.  Proponents of Climate Refugees

In the past decade, an increasing population has been displaced due to natural disasters and unbearable living conditions due to climate change. The International Office on Migration reports that since 2008, disasters have displaced an average of 26.4 million people per year. Domestically, low-income and ethnic communities in the United States have been disproportionally affected by climate change, for example Hurricane Katrina in New Orleans and Hurricane Maria in Puerto Rico. Internationally, women and children are more likely to die during an extreme weather event. Therefore, women are leading several campaigns across the world on addressing the issue of climate refugees and how to provide necessary aid for these struggling population. For example, in Papua New Guinea, Ursula Rakova is spearheading her community’s climate-induced relocation. In addition, under the leadership of Prime Minister Jacinda Ardern, New Zealand has created the first Climate Change Refugee Visa Program for residents of Pacific Islands such as Kiribati and Tuvalu, which have been experiencing high rise in sea level. Prime Minister Ardern believes that New Zealand is the "anchored in the Pacific," and hopes this visa program will gain momentum and awareness internationally. —Emily C. Taing

2.  Hungary Proposes Law Targeting NGOs Working with Asylum Seekers and Refugees

As of the beginning of February, Hungary has severely limited its admission policies, allowing entry of only two asylum seekers each day. On February 13th, the largely right-wing, populist government led by Prime Minister Viktor Orban adopted an even harder stance on migration. The three bills submitted to the Hungarian Parliament “would penalize and restrict groups working on asylum and migration issues” and “cast helping a person fleeing persecution to obtain asylum in Hungary as a threat to national security.”

The first draft bill, T/19776, would require—among other restrictions to independent operation—that any groups working on migration and asylum apply for authorization from the Interior Minister as well as disclose information about their activities. The second draft bill, T/19775, imposes a 25 percent duty on funding received from abroad for organizations “supporting migration.” The third draft bill, T/19774, would enable the Interior Minister to bar persons from going within eight kilometers of the Hungarian border if their “residence in Hungary is contrary to Hungary’s national security interests or who poses a danger to the public interest.” Helping asylum seekers is defined as a threat to national security. Thus, the bill “could be used to curtail any assistance to asylum seekers and migrants at the border.”

According to Human Rights Watch, these bills reflect the government’s hostility toward refugees and migrants as well as ongoing efforts to target organizations receiving funding from the Open Society Foundation, which is led by Hungarian-born George Soros.

3.  Rohingya Refugee Crisis Update

The Rohingya Refugee Crisis continues as U.N. High Commissioner for Refugees Filippo Grandi claims that "major new emergency looms" with the arrival of the monsoon season in March and more than 100,000 refugees in Bangladesh living in areas prone to flooding or landslides. In addition, the crisis has dramatically affected Bangladesh through political impact and security challenges. Since opening up its border to Rohingya refugees, Bangladesh has been "unable to organize the international diplomatic support needed to decisively end the crisis."Also, the Arakan Rohingya Salvation Army (ARSA) militant group has pledged to continue its insurgent campaignagainst what it calls “Burmese state-sponsored terrorism.” The ARSA attacks on Burmese army last year initiated the army’s indiscriminate “clearance operations." The Bangladeshi security establishment is concerned both that ARSA will try to recruit within camps, and that it will use the camps as a base for cross-border fighting.

On October 13th, 2017, former UN Secretary General Kofi Annan urged Myanmar to ensure that the Rohingya people who have fled to neighboring countries in recent months will be able to return “home” in lieu of returning or remaining to live in refugee camps. Annan emphasized this request with an appeal to Myanmar’s government to “create conditions that will allow the refugees to return with dignity and with a sense of security.”

This appeal reflects the seemingly unsolvable, Kafka-esque circumstances imposed on many of the instances in which refugee camps or camp-like systems have been implemented in response to mass migration of refugees and asylum seekers.  Refugee camps—as indicated by their architecture and underlying structures—were initially created and continue to be designed as short-term solutions.  However, camps often remain and continue to operate decidedly past the “short-term” and into the “long-term” despite this inadequate structural foundation.  One example is the Dadaab refugee complex in Kenya, which first opened in 1991 and is now entering into ahighly contested closing process.  In the case of the Rohingya, approximately 120,000 already live in camps outside of Rakhine’s capital due to earlier waves of flight in this long history of persecution.

The remaining policy question—which the former UN Secretary General attempts to address with his suggestion to the government of Myanmar—is how to ensure that the camps serve their essential humanitarian purpose without themselves becoming humanitarian crises. Or, how can the international community as a whole ensure that the camps do not become substitutes or even deterrents to finding more tenable solutions? 

The Rohingya refugee crisis has received widespread national attention in the past few months, as over 300,000 Rohingya refugees have fled Myanmar since the military crackdown and violence began on August 25. Many Rohingya refugees have fled to neighboring nation states like Bangladesh but also to Sri Lanka and India. Recently, the Indian government announced a case will be presented to India’s supreme court regarding the potential deportation of more than 40,000 Rohingya refugees in India. The main argument in support of deporting the Rohingya refugee is that this minority may have connections to terrorists networks in Pakistan and are illegal immigrants. The act of deportation would require the Indian government to work directly with the Myanmar government. But the Rohingyas are not recognized as citizens by Myanmar government and without official documentation, the Rohingyas are legally stateless. The Commonwealth Human Rights Initiative’s prison reforms programme coordinator, Madhurima Dhanuka, said deporting the Rohingyas to Myanmar was “legally, procedurally and practically impossible”. Despite the fact that India is not a signatory to the UN Refugee Convention 1951, it is bound by its obligations under the International Covenant on Civil and Political Rights and customary international law to not deport the Rohingya refugee. The Supreme Court has stated that it will hear the arguments only on points of law and has advised both parties to not make emotional arguments as the matter is about “humanitarian cause and humanity, which required to be heard with mutual respect.”—Emily C. Taing

4.  U.K. Plans Video Campaign to Deter African Migrants

Featuring testimonies from migrants filmed in Libya, the videos will be featured at events in east and west Africa as well as distributed online. The U.K.’s Home Office is undertaking these efforts as part of the government’s “official attempts to tackle migration from ‘source’ countries.” This campaign follows in the footsteps of previous deterrence efforts by Denmark and Norway.

It is doubtful, however, whether such efforts will have much actual effect on the would-be migrants’ decision to attempt a journey to the U.K., indicating the move might be primarily geared toward appeasing voters. As noted by Jessica Hagen-Zanker, research fellow for migration at the Overseas Development Institute, “The information just does not filter through because people decide on the basis of what they hear from family and friends—people they trust—rather than foreign governments.”

5.  Lebanese Government and Syrian Refugees

Recently, Heart for Lebanon’s Tom Atema claims that there are over 2.2 million Syrian refugees in Lebanon, which is significantly more than the 1.8 million the Lebanese government has reported. With many of the legal border crossings between Syria and Lebanon closed, many refugees are attempting to cross through the mountain ranges despite terrible weather conditions. As of January 18, the UN reported that at least 13 Syrians froze to death while crossing the mountains. The Lebanese military has been surveilling the borders and rescuing Syrians and bringing them to hospitals. Meanwhile, the United States under the Trump Administration has shown remarkably minimal efforts to take in refugees. Since Trump took office, the United States has taken in 44 refugees from the targeted countries of the travel ban. The same period last year, over 12,000 refugees were taken in. —Emily C. Taing

6.  Psychological Testing of Asylum Seekers’ Sexuality Rejected by European Court of Justice

Announced on January 25, the European Court of Justice (ECJ) has ruled that “psychological tests cannot be used to assess asylum applications from those facing persecution in their home countries due to their sexuality.” This case was referred to the ECJ after an unidentified man seeking refugee status brought the matter to Hungarian court in response to the rejection of his asylum application after a psychologist determined that “it was not possible to confirm the man’s assertion of his sexual orientation.”

In its judgment, the ECJ confirms that expert reports may be commissioned to properly assess an asylum application, but in this case “the impact of such an expert’s report on private life is disproportionate in relation to that objective.”

7.  UN Plans to Move 10,000 Migrants from Libya in 2018

Backed by EU funds and resources—and, more specifically, the Italian government—the Libyan Coast Guard recently cracked down on boats smuggling refugees and migrants to Europe.  As Libya is a main departure point for migrants seeking to reach Europe by boat, these efforts have resulted in overwhelming numbers of people being held in Libyan detention centers.  In addition to the dismal conditions reported in these detention centers, reports and documentation of slave markets along the common migration routes have emerged. In response, the UN has begun implementing a plan to move up to 10,000 migrants from Libya in the next year.  These efforts come in addition to existing plans by African and EU leaders as well as the IOM for the urgent evacuation and repatriation of tens of thousands of migrants.

8.  Returnee Programs

Responding to surges in global migration and displacement, many governments are implementing returnee programs to address the recent increases in refugee and migrant populations or internally displaced persons within their borders. These programs—which vary from forced deportation to coerced or voluntary return—are largely designed to ensure the return of migrants to their countries or places of origin.

In one such incentive program announced last spring, the Austrian government pledged to give 1,000 euros to the first 1,000 refugees who signed up to voluntarily leave the country. Due to the success of this program, the government extended the offer to more refugees and the idea has gained traction across Europe. According to Karl-Heinz Groendbock, the spokesman for the Austrian Interior Ministry, refugees and migrants in Austria are faced with either “the voluntary option” or “the forced option.” To the government, it is cheaper to pay for plane tickets and 1,000-euro stipends than to use the resources necessary to detain and deport.

More recently, Israel has also implemented a returnee policy: Thousands of African migrants who entered the country illegally have been given three months—until March—to leave with some cash or face indefinite imprisonment. Many of the approximately 40,000 African migrants currently in Israel arrived in the second half of the last decade.  Before March, Israel’s immigration ministry is looking to hire 100 civilian “immigration inspectors” to carry out the duties of investigating, locating, detaining, and monitoring “illegal aliens and their employers.”

Independent organizations working in Israel including the Centre for Refugees and Migrants, Amnesty International Israel and the Association for Civil Rights in Israel have condemned this program as well as an associated deal with Rwanda in which Israel has allegedly agreed to pay the country $5,000 per person to accept migrants. However, both Rwanda and Uganda have publicly denied signing any such deals with Israel.

As of early January 2017, Iraqi security forces were reportedly forcibly returning internally displaced civilians “from refugee camps to unsafe areas in the predominantly Sunni Anbar province, exposing them to death from booby-traps or acts of vigilantism.” Refugees and aid workers are attributing this action to Prime Minister Haider al-Abadi’s desire to ensure the timely election of his second term in office, as Iraqi citizens must be in their area of origin to vote. Aid workers are concerned by the circumstances of these forced returns, despite the expulsion of the Islamic State from Iraq.

Comparatively, in a preemptive effort, Rohingya leaders are calling upon the international community to ensure that those who fled to Bangladesh following Myanmar’s military crackdown will not be forced to return unless guarantees of security and restored citizenship are made.

9.  Cambodian Deportation

Immigration and Customs Enforcement has repeatedly conducted raids that have resulted in civil rights organizations filing complaints against the ICE agency. Iraqi nationals in the metropolitan Detroit area were raided by ICE, which lead to the ACLU's nationwide preliminary injunction. Since early October 2017, ICE has rounded up and detained over one hundred Cambodian refugees and over 2,000 Cambodian refugees are at risk of this unlawful arrest. Asian American Advancing Justice, along with other civil rights organizations, filed a nationwide class action lawsuit challenging the unlawful arrests of Cambodian refugees. Lawyers for the Cambodian refugees argued that their clients would suffer "irreparable harm" if they were returned to Cambodia, a country they were forced to fled due to the Khmer Rouge regime and genocide in the late 1970s. "We think that the raids are part of this escalation of pressure on countries to take their nationals back and the people detained are sort of being used as a bargaining chip," says Jenny Zhao, a staff attorney with Asian Americans Advancing Justice, Asian Law Caucus. —Emily C. Taing

10.  Refugees in the Mediterranean

On January 16th, 2018, Cyprus President Nicos Anastasiades joined Jordan's King Abdullah II and Greek Prime Minister Alexis Tsipras for a meeting to address and  jointly bolster security in the eastern Mediterranean. During the meeting, Abdullah stated that "we are shouldering an immense refugee burden and cannot be left alone as we undertake this humanitarian responsibility on behalf of the world." The leaders are asking European Union members to lend more assistance to Mediterranean countries which have endured the most of the influx of Syrian refugees. Within a week, more than 160 refugees were lost while attempting to cross the Mediterranean and the United nations refugee agency has called for more action. Othman Belbeisi, Chief of the International Organization for Migration's (IOM) Libya Mission states that “more has to be done to reduce irregular unsafe movements of people along the Central Mediterranean route." —Emily C. Taing

11.  Environmental Devastation from Rising Sea Levels and Land Erosion Causing Migration

Discussions around refugees have geared their focus on political instability and conflict, but climate change and environmental migrants are gaining more attention as researchers predict that a billion people will be forced from their homes due to climate change by 2050. Rising sea levels, coastal erosion, and disintegrating coastlines are just a few of the environmental changes forcing people to migrate. The issue of environmental refugee has gained attention of the New Zealand government. The government may introduce an experimental humanitarian visa category for people displaced by climate changes such as rising seas. Unfortunately, under the current convention and legal guidelines, environmental refugees do not meet the standards of 1951 Refugee Convention and do not qualify for asylum. Ultimately, without the legislation and legal framework specific to environmental migrants, these refugees will continue to be displaced without sufficient international support. —Emily C. Taing

12.  The Crisis Continues for Syrian Refugees

​While news cycles have moved on to cover issues of natural disasters and political turmoil, millions of Syrian Refugees face hardship. Many Syrian Refugees have emigrated to developed countries and are working toward assimilating to local society. But many still live among fragile ceasefires and are displaced within Syria. In addition, marginalization and oppression occurs in the country as multitude of armed groups are active and in control. Recently, the Syrian Democratic Forces, US-backed Syrian forces, claim to have taken back Raqqa—"capital of ISIS". Migration fluctuation for domestic and international Syrian Refugees need to be closely monitored and sustainable financial support need to be provided by the international community. —Emily C. Taing

13.  Conditions in Yemen Worsen

Humanitarian and commercial supplies have reached a halt in Yemen after the country experienced a temporary closure of all land, sea, and air borders on November 6th. Since March 2015, Yemen's conflict has affected 21 million people, two million internally displaced, and 280,000 refugees and asylum seekers. Office of the UN High Commissioner for Refugees (UNHCR)​ is currently advocating for the temporary closure to be lifted immediately. Corporation may be difficult since the blockade decision by the Saudi-led coalition in Yemen has left over seven million close to famine since engaging in a three-year war against Houthi militants. The Saudi government has said it will lift the blockade on some ports for humanitarian aid, but UN staff on the ground have yet to witness any sort of blockage lifts. —Emily C. Taing

14.  Canada Defends Immigration and Refugee Vetting System

Abdulahi Hasan Sharif entered Canada legally in 2012 and obtained refugee status, and now faces 11 charges in Canada, including five of attempted murder in the Saturday night attack in Edmonton, Alberta. The Somali refugee is suspected to be working alone and known to police for “extremist ideology” as an ISIS flag was confiscated from the car that officials accused Sharif of using to run down a police officer. Public Safety Minister Ralph Goodale blames Canada’s immigration and refugee vetting system and criticises the welcoming message to refugees Prime Minister Justin Trudeau delivered to counter United States President Donald Trump’s travel ban. While the Canadian government may continue to defend its immigration and refugee vetting system, Opposition Conservative Parliament Members may take this opportunity to challenge existing policies. —Emily C. Taing

1.  Federal Judge Releases Ravi Ragbir and Shames ICE

Prominent immigrant rights advocate, Ravi Ragbir, and Executive Director of the New Sanctuary Coalition, were detained by immigration officials on January 11th, 2018, while reporting to Immigration Customs Enforcement for a routine check-in. Federal U.S. District Court Judge Katherine B. Forrest released Ravi Ragbir, stating that it was both unconstitutional and cruel for authorities to “pluck him out of his life without a moment’s notice.” Though SIRR celebrates Ravi’s release, we still stand with families, friends, and neighbors who are plucked from their lives.

2.  Recent Academic Press Related to Immigrants’ Rights:

• #MeToo & Immigrant Rights Advocacy: Laura Monterrosa was sexually assaulted by a guard at the Hutto Detention Facility. She remains detained at Hutto. The guards threw her into solitary confinement, and left her there with a bottle of medication pills. Laura is speaking out, and Congress is helping her. Read more about it here.
• PowerNotPanic - Resistance Now, a Northern California non-profit, has organized with dozens of activists to block the intersections surrounding the Immigration and Customs Enforcement building in San Francisco, resisting the unjust deportation force that has arrested more than one hundred and fifty immigrants in the last week.
• It’s still not too late to send a message to immigrants expressing your support. Check out the To Immigrants With Love campaign. 
• Broken policing continues throughout the United States and is now actively and loudly being endorsed by politicial leaders. Read this story of a man who called 911 when an intruder was breaking into their home, then the same police officers from the suburb of Tukwila, Seattle, Washington called immigration federal authorities to detain him.
• Veterans who have served in U.S. branches of military continue to face deportation. “If it comes down to me being deported, I would rather leave this world in the country I gave my heart for,” Perez said. Read about one veteran’s story of serving two tours in Afghanistan and, as a result, has struggled with PTSD, but is now facing deportation to Mexico.
• Read how policy powerhouses continue to respond to federal authorities heightened criminalization of immigrant workers and families and how they are linking together the #MeToo movement and labor movement by sharing collective stories.
• Learn more about great organizations supporting immigrant leaders, UndocuBlack Network, andUnitedWeDream.
• Movement Lawyers in the Fight for Immigrant Rights. 
• Deferred Action and the Discretionary State: Migration, Precarity and Resistance
• Fostering Legal Cynicism Through Immigration Detention
• The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance
•  Jennifer M. Chacón, Kevin R. Johnson & Bill Ong hing, Immigration Law and Social Justice (2017).

3.  ICE Targets Immigrants’ Rights Activist to Disrupt Rapid-Response Immigrant Networks
Prominent immigrant rights advocate, Ravi Ragbir, and Executive Director of the New Sanctuary Coalition, was detained by immigration officials on January 11th, 2018, while reporting to Immigration Customs Enforcement for a routine check-in. Two New York City officials, Council members Jumaane Williams (D-Brooklyn) and Ydanis Rodriguez (D-Manhattan) were arrested, along with 18 others, as they protested the detention of Ravi. He is the third individual nationwide with connections to the immigrants’ rights movement to be detained in recent days.

4.  Being Black and Immigrant: "Double Punishment" and the Impact of Migration on Black Immigrants
Although only seven percent of non-citizens in the United States are Black, they make up 20 percent of those facing deportation on criminal grounds. The Atlantic

5.  7-11’s Targeted in the DOH Security’s Staunch Attempt to Target Undocumented Employees
Federal immigration officials inspected nearly 100 7-Eleven stores across the country Wednesday morning, arresting 21 employees for being illegally present in the United States in what is the Trump Administration’s largest immigration enforcement operation against an individual employer to date. 

6.  United State’s Broken Immigration Incarceration System and Trump’s America
For a comprehensive overview of the chaotic and broken immigration detention system, and the zeal to deport as many undocumented immigrants as possible, please see Julia Preston’s story and see the images captured byphotographer, Kirsten Luce.