Overwhelmed U.S. Immigration Court System

The U.S. immigration court system is overwhelmed with its current 2.5 million open cases with those seeking asylum waiting an average of 5.8 years for a trial or hearing on the merits. This primarily is due to shortfalls in the federal immigration budget.[1]

A leading example of these problems is the immigration court in Omaha, Nebraska with jurisdiction over cases in that state plus Iowa, which in recent years have drawn migrants, some with papers and some without, to work in slaughter houses and other agricultural jobs. Its three judges oversee nearly 32,000 cases that have been undecided for an average of 2.7 years while its asylum cases have an average wait of 5.8 years, the longest in the nation. [2]

An example of the pressure this overwhelmed system places on migrants is Guadalupe, a Guatemalan woman now 54 years old, who came to the U.S. on a tourist visa in 2017 and immediately requested asylum protection. After two months detention, she was released and moved to rural Iowa where she had an aunt and obtained a job at a clothing manufacturing company while her nights are often sleepless as she worries about her three children and seven grandchildren in Guatemala. Her first Omaha court appearance was in October 2017, when she obtained a final hearing date in 2020 that was postponed to 2022 because of the pandemic and then postponed again to May 2023 because the judge was not available. Now her next hearing is scheduled for September 2023 to set a date for her final hearing.

Conclusion

 Clearly the U.S. Congress needs to authorize more spending to equip the U.S. immigration administration and its courts for expeditious handling of this large backlog of cases. Other important related issues for Congress are (a) promoting more immigration to meet U.S. need for more workers;[3] (b) providing more financial assistance to cities and states that are absorbing more immigrants:[4] and (c) amending U.S. immigration law and procedure.[5]

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[1] Caldwell, Millions of Migrants Stuck in Legal Limbo, Wall St. Journal (Sept. 1, 2023). However, the hard-right House Freedom Caucus is threatening to block an interim spending bill in Congress unless it includes a security crackdown on the U.S.-Meixco border. (Demirjian, Hard Right Injects Immigration Into Spending Fight, Raising Shutdown Fears. N.Y. Times (Sept. 1, 2023).

[2] See, e.g., List of Posts to dwkcommentaries—Topical: LAW (REFUGEE & ASYLUM).

[3] E.g., Wall Street Journal Editorial: U.S. Needs More Immigrants, dwkcommentaries.com ( July 25, 2023).

[4] E.g., New York City Pleads for Federal Financial Aid for New Migrants, dwkcommentaries (Aug. 11, 2023).

[5] E.g., Increasing Migrant Crossings at U.S. Border Call for Legal Change, dwkcommentaries.com (Aug. 16, 2023).

Increasing Migrant Crossings at U.S. Border Call for Legal Changes

This July more than 130,000 migrants were apprehended at the U.S.-Mexico border. The fastest growth in this immigration, with 40,000 of the total, was in the Border Patrol’s Tucson sector, which comprises most of Arizona, which was the most since April 2008. U.S. authorities attribute this increase to smugglers now guiding migrants to the border across the most remote and harsh stretches of the Arizona desert between Yuma and Tucson to avoid detection. [1]

Crossing in desert areas in the summer can be deadly, with ground temperatures well exceeding 100 degrees Fahrenheit at times, officials say. Such extreme conditions have led to a spike in 911 calls.  Agents responding to such calls for help routinely find dozens or even hundreds of migrants in need of aid and trying to surrender to arriving border agents.

Cuba is experiencing growth in out-migration. Social-media advertisements on the island have recently increased offering door-to-door transportation to the U.S. through flights from Cuba to Nicaragua and ground travel across Central America and Mexico. Although new Biden policies require Cubans to have a U.S. citizen-sponsor for legal entry to the U.S., many Cubans do not have such sponsors and some officials say, “For ordinary Cubans, finding a sponsor who has money in the U.S. is Mission Impossible.”[2]

Another indication of this migrant pressure is the recent guilty plea by the owners of a Williamsburg, Virginia cleaning business who operated a “labor trafficking enterprise” that smuggled over 100 migrants from El Salvador, including minors, and forced them to work in U.S. under threats of violence and deportation.[3]

Recommended Changes

 Andrea R. Flores, who served as an immigration policy adviser in the Obama and Biden administrations, says, “Until Congress finds the political will to act, the president should use his authority to relieve pressure on our asylum system and give migrants the ability to legally work once they reach the United States.”[4] To that end, she recommends the following:

  • “While far from perfect, the Biden administration’s parole program for Cubans, Haitians, Nicaraguans and Venezuelans could serve as a model for what is possible. This policy provides safer options to people who are unlikely to meet the legal requirements for asylum, but who still have urgent humanitarian reasons to flee their homes.”
  • The President should “use his authority to grant Temporary Protected Status to the hundreds of thousands of Venezuelans who lack work authorization, which would be a boon for immigrants and the communities that welcome them. A 2023 analysisby FWD.us, a bipartisan group founded by American business leaders that favors more humane immigration reform, found that T.P.S. holders contribute $22 billion in wages annually to the U.S. economy.”
  • “The administration should also act quickly to increase the number of appointments at ports of entry; add new countries eligible for parole; lift caps on countries with urgent resettlement needs, as it did for Ukraine; and invest resources in adjudicating asylum cases expeditiously.”

Noted commentator, Fareed Zakaria, points out the obvious: “America’s immigration system is broken.” [5]Therefore, he says the following: “The laws and rules around asylum must be fixed so that immigration authorities can focus on the small number of genuine asylum seekers while compelling the rest to seek other legal means of entry. At the same time, it’s important to note that the United States is facing a drastic shortfall of labor and must expand legal immigration in many areas for just that reason. We urgently need to attract the world’s best technically skilled people so that they can push forward the information and biotech revolutions that are transforming the economy and life itself. With unemployment rates around 50-year lows, it is obvious that we need more workers in many sectors of the economy, from agriculture to hospitality. If this is done in a legal and orderly manner, Americans will welcome the new workers.”

Therefore, he says Biden “should propose an immigration bill that is genuinely bipartisan and forces compromises from both sides. It would be one more strong dose of evidence that policy can triumph over populism.” Good luck on doing that.

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[1] Perez & Caldwell, Migrant Crossings on the Rise Again at U.S. Border,W.S.J. (Aug. 12, 2023); Miroff & Sacchetti, Border arrests surged in July, a blow to Biden immigration plan, Wash. Post (Aug. 1, 2023).

[2] Perez & Caldwell, Migrant Crossings on the Rise Again at U.S. Border, W.S.J. (Aug. 12, 2023).

[3] Paul, Laundry company owners guilty of trafficking migrants, minors for labor, Wash. Post (Aug. 13, 2023).

[4] Flores, We Know What Doesn’t Work at the Border. Here’s a Better Solution, N.Y. Times (Aug. 10, 2023).

[5] Zakaria, Immigration can be fixed. So why aren’t we doing it?, Wash. Post (Aug. 11, 2023).

 

New York Times Editorial: Trump’s Four Indictments Show His Disdain for American Democracy and His Unfitness for the Presidency 

A recent New York Times’ editorial persuasively shows how Donald Trump’s four criminal indictments (to date) show his disdain for American democracy and his unfitness for the country’s presidency.[1]

Editorial’s Details

The new Georgia criminal indictment shows Trump was “leading what was effectively a criminal gang to overturn the 2020 presidential election in that state.” This indictment alleges that he “often behaved like a mob boss, pressuring the Georgia secretary of state to decertify the Georgia election and holding a White House meeting to discuss seizing voting equipment.” This indictment included these alleged crimes: “conspiracy to commit first-degree forgery, for arranging to have a false set of Georgia electors sent to Washington to replace the legitimate ones for Joe Biden, . . . conspiracy to impersonate a public officer and a series of charges relating to filing false statements and trying to get state officials to violate their oath of office.”

This indictment along with his other three indictments “offer a road map of the trauma and drama Mr. Trump has put this nation through. They raise questions about his fitness for office that go beyond ideology or temperament, focusing instead on his disdain for American democracy.”

Indeed, “Mr. Trump has put his ego and ambition over the interests of the public and of his own supporters. He has aggressively worked to undermine public faith in the democratic process and to warp the foundations of the electoral system. He repeatedly betrayed his constitutional duty to faithfully execute the nation’s laws. . . . [H]is actions, as detailed in these indictments, show that he is concerned with no one’s interests but his own.”

“A president facing multiple criminal trials, . . . could not hope to be effective in enforcing the nation’s laws — one of the primary duties of a chief executive. (If re-elected, Mr. Trump could order the federal prosecutions to be dropped, though that would hardly enhance his credibility.) A man accused of compromising national security would have little credibility in his negotiations with foreign allies or adversaries. No document could be assumed to remain secret, no communication secure. The nation’s image as a beacon of democracy, already badly tarnished by the Jan. 6 attack, may not survive the election of someone formally accused of systematically dismantling his own country’s democratic process through deceit.”

“[A] healthy political party does not belong to or depend on one man, particularly one who has repeatedly put himself over his party and his country. A healthy democracy needs at least two functioning parties to challenge each other’s honesty and direction. Republican voters are key to restoring that health and balance.”

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[1] Editorial: What if, Knowing What They Know Now, Republicans Don’t Vote for Donald Trump?, N.Y. Times (Aug. 15, 2023). Previous Times’ editorials set forth similar arguments against Trump’s again becoming our President: Editorial: Even Donald Trump Should Be Held Accountable (Mar. 30, 2023); Editorial: Donald Trump Should Never Again Be Trusted With the Nation’s Secrets (June 9, 2023); Editorial: A President Accused of Betraying His Country (Aug. 2, 2023).

 

New York City Pleads for Federal Financial Aid for New Migrants

At an August 9 press conference, New York City’s Mayor Eric Adams pleaded for federal financial aid for the city’s influx of new migrants.[1]

For fiscal 2023 the City spent $1.45 billion on shelter services for migrants and this June approved $2.9 billion for same for fiscal 2024, but already knows that will not be enough. The Mayor said it now looks like it will require $5 billion because the City had failed to include the new migrants now coming under the new Biden Administration’s asylum and immigration rules [2] and a 1996 federal law that requires asylum seekers to wait five months in the U.S. before applying for work permits.

Massachusetts is experiencing the same problem. Its Governor, Maura Healey, this week declared, “a state of emergency exists in Massachusetts due to rapidly rising numbers of migrant families arriving in . . . [the state] in need of shelter and services and a severe lack of shelter availability in the state.” She also denounced “a federal crisis of inaction” and asked for faster work authorizations. [3]

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[1] Editorial, The Blue State Migrant Crisis, W.S.J. (Aug. 9, 2023).

[2] E.g., Biden Administration’s New Restrictions on U.S. Asylum Law Being Challenged in Federal Courts, dwkcommentareis.com (Aug. 6, 2023).

[3] Press Release, Governor Healey Declares State of Emergency, Calls for Support for Newly Arriving Migrant Families, Mass. Govt (Aug. 8, 2023).

Are Anti-Trumpers “the Bad Guys”?

This is the question posed in a recent David Brooks column in the New York Times.[1]

 He starts out with the admission (or confession) that he is an anti-Trumper who believes that members of this group are “the good guys, the forces of progress and enlightenment” while the “Trumpers are reactionary bigots and authoritarians” who see Trump as “the embodiment of their resentments.”

At least for purposes of argument, however, Brooks considers whether the anti-Trumpers are the bad guys by creating the “modern meritocracy” system.

Such a system started in the 1960s “when high school grads had to go off to fight in Vietnam but the children of the educated class got college deferments. It continues in the 1970s, when the authorities imposed busing on working-class areas in Boston but not on the upscale communities like Wellesley where . . . [the educated class] lived.”

The latter is “the modern meritocracy. We built an entire social order that sorts and excludes people on the basis of the quality that we possess most: academic achievement. Highly educated parents go to elite schools, marry each other, work at high-paying jobs and pour enormous resources into our children, who get into the same elite schools, marry each other and pass their exclusive class privileges down from generation to generation.”

“Everybody else is forced into a world down there. . . . Today middle-class children lose out to the rich children at school, and middle-class adults lose out to elite graduates at work. Meritocracy blocks the middle class from opportunity. Then . . . [the modern aristocracy]  blames those who lose a competition for income and status that even when  everyone plays by the rules, only the rich can win.”

“Armed with all kinds of economic, cultural and political power, we [members of the modern aristocracy] support policies that help ourselves. Free trade makes the products we buy cheaper, and our jobs are unlikely to be moved to China. Open immigration makes our service staff cheaper, but new, less-educated immigrants aren’t likely to put downward pressure on our wages.”

“We [the members of the modern aristocracy] also change the moral norms in ways that suit ourselves, never mind the cost to others. For example, there used to be a norm that discouraged people from having children outside marriage, but that got washed away during our period of cultural dominance, as we eroded norms that seemed judgmental or that might inhibit individual freedom.”

“After this social norm was eroded, . . . [m]embers of our class still overwhelmingly married and had children within wedlock. People without our resources, unsupported by social norms, were less able to do that.”

As Adrian Wooldridge points out in his magisterial 2021 book, “The Aristocracy of Talent, ‘Sixty percent of births to women with only a high school certificate occur out of wedlock, compared with only 10 percent to women with a university degree.” That matters, he continues, because ‘the rate of single parenting is the most significant predictor of social immobility in the country.’”

Brooks believes that most of our class [the modern aristocracy] are “earnest, kind and public-spirited. But we take for granted and benefit from systems that have become oppressive. Elite institutions  have become so politically progressive in part because the people in them want to feel good about themselves as they take part in systems that exclude and reject [others].”

“It’s easy to understand why people in less-educated classes would conclude that they are under economic, political, cultural and moral assault — and why they’ve rallied around Trump as their best warrior against the educated class. Brooks understands that it’s not the entrepreneurs who seem most threatening to workers; it’s the professional class. Trump understood that there was great demand for a leader who would stick his thumb in our eyes on a daily basis and reject the whole epistemic regime that we rode in on.”

“If distrustful populism is your basic worldview, the Trump indictments seem like just another skirmish in the class war between the professionals and the workers, another assault by a bunch of coastal lawyers who want to take down the man who most aggressively stands up to them. Of course, the indictments don’t cause Trump supporters to abandon him. They cause them to become more fiercely loyal. That’s the polling story of the last six months.”

“Are Trump supporters right that the indictments are just a political witch hunt? Of course not. As a card-carrying member of my class, Brooks says, I still basically trust the legal system and the neutral arbiters of justice. Trump is a monster in the way we’ve all been saying for years and deserves to go to prison.”

Therefore, for sociologist Digby Baltzell and David Brooks, “the real question is: When will we stop behaving in ways that make Trumpism inevitable?”

Reactions

In this column, Brooks does not provide an answer to his “real question.” Maybe there will be a future column in which he does so.

This blogger, however, believes at least part of the “real answer” for the State of Minnesota and many other states lies in the declining and aging population of rural parts of the State and the resulting negative impacts on their economies and visions of the future.[2] This problem suggests the need for more immigration to help solve the need for more labor with immigrant visas requiring the recipients to live and work in the areas with declining population.

Another part of the answer for this State and others, therefore, this blogger believes, is developing a system to promote and maintain intimate social contacts between people in the two parts of the states and thereby developing better understanding of the two sectors and programs for addressing the needs of the people in the rural parts of the states. Such a system requires everyone to exercise mutual forbearance toward each other[3] and to recognize our failings (sins) and request forgiveness from God and those whom we have wronged.[4]

Readers are invited to provide comments to this post with other ideas for answering the “real question” posed by Brooks.

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[1] Brooks, What if We’re the Bad Guys Here?, N.Y. Times (Aug. 2, 2023). 

[2] See, e.g., these posts in dwkcommentaries.com: Another Defining Challenge of the 21st Century (Jan. 28, 2023);Skepticism About Douthat’s Defining Challenge of the 21st Century (Jan. 30, 2023); COMMENT: Developments in Africa and Italy Accentuate Douthat’s Concerns (Jan. 31, 2023); Iowa State Government Encouraging Refugee and Migrant Resettlement Feb. 1, 2023); COMMENT: National Worker Shortages in U.S. (Feb. 3, 2023); Migrant Workers Being Paid Premium Wages in U.S. Tight Labor Market (Feb. 8, 2023); More Details on U.S. and Other Countries’ Worker Shortages (Feb. 9, 2023);Your Longevity Is Important for Many Reasons (Feb. 12, 2023); Other States Join Iowa in Encouraging Immigration To Combat Aging, Declining Populations (Feb. 22, 2023); COMMENT: More Support for Immigrants’ Importance for U.S. Economy (Feb. 23, 2023); U.S. High-Tech Layoffs Threaten Immigrants with Temporary Visas (Feb. 25, 2023); U.S. Needs To Ameliorate Brutal Jobs Endangering Immigrant Workers (Feb. 26, 2023); COMMENT: Layoffs in Overall U.S. Economy Are Rare (Feb. 27, 2023); COMMENT: Many Undocumented Immigrants Leaving U.S. (March 1, 2023); Protections for U.S. Child Labor Need Improvement (APRIL 22, 2023; Wall Street Journal Editorial: U.S. Needs More Immigrants (July 25, 2023); COMMENT: Americans in Their Prime Are Flooding Into the Job Market (July 26, 2023:COMMENT: Dire Shortages of Workers in U.S. Public Sector (July 27, 2023).

[3] E.g., Minneapolis’ Westminster Presbyterian Church: Presbyterian Principles: It is our duty to exercise mutual forbearance toward each other, dwkcommentaries.com (May 19, 2023).

[4] E.g., The Prayer Jesus Taught: “And forgive us for our debts as we forgive our debtors,” dwkcommentaaries.com (May 9, 2023).

 

Biden Administration’s New Restrictions on U.S. Asylum Law Being Challenged in Federal Courts 

This year has seen many developments regarding the Biden Administration’s attempts to cope with the large numbers of migrants illegally crossing the U.S.-Mexico border. Here is a review of some of those developments.

Biden’s New Asylum Regulation[1]

On February 21, the Biden Administration announced a proposed rule that would  require rapid deportation of an immigrant at the U.S. border who had failed to request protection from another country while en route to the U.S. or who had not previously notified the U.S. via a mobile app of a plan to seek asylum in the U.S. or who had applied for the new U.S. humanitarian parole programs for certain countries (Cuba, Haiti, Nicaragua and Venezuela). This rule was scheduled to take effect will take effect on May 11, with the expected termination that day of Title 42 which allowed the U.S. to swiftly expel migrants at the U.S. border.

This announcement stated that the new rule would “incentivize the use of new and existing lawful processes and disincentivize dangerous border crossings, by placing a new condition on asylum eligibility for those who fail to do so. These steps are being taken in response to the unprecedented western hemispheric migration challenges – the greatest displacement of people since World War II – and the absence of congressional action to update a very broken, outdated immigration system.”

DHS Secretary Alejandro N. Mayorkas stated, “We are a nation of immigrants, and we are a nation of laws. We are strengthening the availability of legal, orderly pathways for migrants to come to the United States, at the same time proposing new consequences on those who fail to use processes made available to them by the United States and its regional partners. As we have seen time and time again, individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.”

Attorney General Merrick B. Garland added the following: “The Department of Justice is responsible for administering the Nation’s immigration courts and ensuring that claims are adjudicated expeditiously, fairly, and consistent with due process. This proposed rule will establish temporary rules concerning asylum eligibility in those proceedings when the Title 42 order is lifted. We look forward to reviewing the public’s comments on this proposed rule.”

The Administration said that without this new rule, immigration at the U.S. border would “increase significantly, to a level that risks undermining the … continued ability to safely, effectively and humanely enforce and administer U.S. immigration law.”

On May 12, 2023, these new restrictions on applications for asylum under U.S. law went into effect. Under these new restrictions aliens were disqualified for making such applications if they had crossed into the U.S. without either securing an appointment for an official U.S. interview at an official port of entry or without seeking legal protection in another country along their way to the U.S.

Reactions to U.S. New Asylum Rules[2]

Prior to this new rule, U.S. border patrol officials were daily encountering about 7,500 migrants trying to cross the U.S. border illegally. Since then the numbers have declined to about 3,000 per day, still historically high but dramatically lower than the 7,500.

There is abundant evidence that migrants have been applying for asylum in record numbers under this new rule and now are in long lines, taking several years, for their cases to be heard in Immigration courts. (At the end of fiscal 2022, there were nearly 1.6 million pending asylum applications.) Moreover, other migrants without legal support, are likely to miss the 12 month deadline for submitting the complicated application) and fall into the more perilous category of the undocumented.

In a joint statement, Democratic Sens. Bob Menendez (N.J.), Cory Booker (N.J.), Ben Ray Luján (N.M.) and Alex Padilla (Calif.) called on the administration to drop the proposed rule. “We are deeply disappointed that the administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation. In reality, they are pursuing a legal pathway in the United States.”

A similar reaction came from leading Democrat House members (Rep. Jerrold Nadler and Pramila Jayapal). In their joint statement, they expressed “deep disappointment” with the newly proposed rule and stated, “The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them.”

Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, said they applaud the expanded pathways for those four countries announced in January but question where that leaves migrants from other countries. She says it favors people with resources who can afford the necessary requirements of finding a financial sponsor and buying a plane ticket to the U.S. And some people are so at risk, they simply cannot wait in their country for a humanitarian parole slot. Critics have also highlighted technological problems with the app.”

The Federation for American Immigration Reform said that the rule isn’t designed to halt migrants as much as make the process more orderly: “In other words, the real objective is not to end large-scale asylum abuse, but rather to get them through the next election cycle.”

Justice Action Center’s counsel, Jane Bentrott, said the proposed rule “would send asylum seekers back to danger, separate families, and cost lives, as human rights advocates have been asserting for weeks. It is in direct contravention of President Biden’s campaign promises to reverse Trump’s racist, xenophobic immigration policies, and give all folks seeking safety a fair shot at asylum.”

Lindsay Toczylowski, the executive director of Immigrant Defenders Law Center in California, criticized the inept operations of the government’s online system for scheduling an asylum application interview. “It’s almost like a lottery. You have to win a ticket to be able to seek protection in the U.S.”

An ACLU attorney, Lee Gelernt, who successfully challenged similar efforts by the Trump Administration, said that Biden’s new proposed rules had the same legal flaws as the Trump rules  and that the ACLU would sue to block the latest move.

Challenge to New Asylum Regulations in U.S. District Court[3]

A lawsuit challenging the new asylum rule was filed with the U.S. District Court for Northern California. The U.S. Government obviously opposed this lawsuit and submitted an affidavit  by Blas Nuñez-Neto, assistant secretary of homeland security for border and immigration policy, that described the real-world alternatives to the new rule: Customs and Border Patrol “facilities will be overcrowded once again, placing the noncitizens in our custody and the front-line personnel who care for them at risk.” Border communities “will once again receive large scale releases of noncitizens that will overwhelm their ability to coordinate safe temporary shelter and quick onward transportation.” And interior cities such as New York “will, once again, see their systems strained.”

Therefore, the U.S. Government argued that the Biden plan is necessary to the government’s “continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system.”

Nevertheless, on July 25, 2023, Judge Jon S. Tigar of the U.S. District Court for Northern California held that these new restrictions were “both substantively and procedurally invalid.” The Judge said, “The court concludes that the rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum.”

The judge, however, “immediately stayed his decision for 14 days, leaving the asylum policy in place while the federal government appealed the decision.”

An ACLU attorney for the plaintiffs said this ruling “is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger.”

According to the Homeland Security Secretary, Alejandro N. Mayorkas, however, “the administration strongly disagreed with the decision. With the policy still in place while the decision is appealed, he added, migrants who did not follow the current rule would face stiff consequences.” This result “does not limit our ability to deliver consequences for unlawful entry,” including prompt removal, a future bar on admission and potential criminal prosecution.”

Appeal About Asylum Rules in Court of Appeals[4]

The U.S. Government took an immediate appeal from Judge Tigar’s decision, and on August 3, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided, 2 to 1, that the pause or stay of the District Court’s decision invalidating the Biden Administration’s new asylum restrictions should continue for as long as it takes the appellate court to rule on the case. The appellate court also stated that it would “expedite its consideration of the government’s appeal and said that briefs from both sides would be due by the end of September at the latest. A hearing will follow.”

The two judges in the majority—William A. Fletcher and Richard A. Paez—did not explain their reasoning.

However, the dissenting judge, Lawrence Van Dyke, said that the majority judges did not give the Trump Administration the same deference when the court invalidated asylum restrictions, which were practically the same as those adopted by the Biden Administration. Van Dyke more colorfully said that Biden’s asylum restrictions were so similar to the Trump administration’s that it looks like they “got together, had a baby, and then dolled it up in a stylish modern outfit, complete with a phone app.”

A spokeswoman for the Department of Homeland Security, Erin Heeter, responded to this appellate ruling. She said, “We will continue to apply the rule and immigration consequences for those who do not have a lawful basis to remain in the United States. The rule has significantly reduced irregular migration, and since its implementation on May 12 we have removed more than 85,000 individuals. We encourage migrants to ignore the lies of smugglers and use lawful, safe and orderly pathways.”

Katrina Eiland, the ACLU lawyer who argued the case for the plaintiffs, had a different reaction. She said, “We are confident that we will prevail when the court has a full opportunity to consider the claims. We are pleased the court placed the appeal on an expedited schedule so that it can be decided quickly, because each day the Biden administration prolongs its efforts to preserve its illegal ban, people fleeing grave danger are put in harm’s way.”

Conclusion

We all now await the parties’ appellate briefs and oral arguments followed by the Court of Appeals decision and then potential further proceedings in that court and the U.S. Supreme Court.

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[1] Biden Administration Announces Proposed Restrictions on Asylum Applications, dwkcommentaries.com (Feb. 27, 2023). h

[2] Meko & Vitchis, New Migrants Have a Year to Apply for Asylum. Many Won’t Make It, N.Y. Times (July 3, 2023); Sullivan, Lawyers Say Helping Asylum Seekers in Border Custody Is Nearly Impossible, N.Y. Times (July 22, 2023);Shear, Turkewitz & Sandeval, How and Why Illegal Border Crossings Have Dropped So Dramatically, N.Y. Times (July 26, 2023);

[3] Jordan & Sullivan, Federal Judge Blocks Biden Administration’s New Asylum Policy, N.Y. Times (July 25, 2023); Hackman & Caldwell, Judge blocks Biden Administration Asylum rules, W.S.J. (July 25, 2023); Editorial: Why are courts messing up a Biden asylum policy that works? Wash.Post ( July 27, 2023).

[4] Shear, Appeals Court Allows Biden’s Asylum Restrictions to Continue for Now, N.Y. Times (Aug. 3, 3023); Sacchetti & Miroff, Biden’s asylum restrictions for migrants may remain in place, federal appeals court rules, Wash. Post (Aug. 4, 2023)

U.S. Court of Appeals Affirms Federal Conviction of Tou Thao for Violating the Civil Rights of George Floyd

On August 4, 2023, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously affirmed the conviction of Tou Thao by the U.S. District Court for the District of Minnesota for violating the civil rights of George Floyd during the 2020 murder of George Floyd by Derek Chauvin.[1]

The appellate opinion by Circuit Judge Jonathan Kobes, which was joined by Circuit Judges James Loken and Ralph Erickson, agreed with District Court Judge Paul Magnuson, after trial, that prosecutors had supplied sufficient evidence to support convictions on two counts of depriving Floyd’s rights under color of law — charges that Thao failed to intervene in Derek Chauvin’s use of unreasonable force and that Thao was “deliberately indifferent to Floyd’s medical needs.”

The Eighth Circuit also held that although evidence of Thao’s deliberate indifference was “not overwhelming,” a reasonable jury could find that Thao acted willfully, based on his knowledge and training, by failing to give Floyd medical aid.

The appellate opinion also rejected Thao’s argument that he was innocent because Floyd arguably was  experiencing excited delirium since under MPD policy, neck restraints are inappropriate once the detainee stops resisting, even when a detainee is experiencing excited delirium.

Therefore, the Eighth Circuit concluded that “there was sufficient evidence for the jury to find that Thao acted willfully on both [section] 242 counts and that any prosecutorial misconduct did not deprive Thao of his right to a fair trial.” Thus, the district court was affirmed.

Afterwards Thao’s attorney, Robert Paule, said, “I have the utmost respect for the court but I vehemently disagree with this decision and Mr. Thao will continue to pursue every possible avenue for relief in this case.” The only possible ways for seeking such relief are asking the Eighth Circuit en banc to review the case or to petition the U.S. Supreme Court for such review. In this blogger’s opinion, both of these options would be unsuccessful.

===========================

[1] Montemayor, Appeals court affirms federal conviction of Tou Thao in George Floyd’s killing, StarTribune (Aug. 4, 2023); Opinion, U.S. Court of Appeals for Eighth Circuit, U.S. v. Thao, Case No. 22-2201 (Aug. 4, 2023).

The District Court had tried together three of the ex-MPD officers (Thao, Lane and Kueng), and on February 24, 2022, the jury returned a verdict that all three were guilty of all charges. (Federal Criminal Trial for Killing of George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022).)  Then on July 27, 2022, District Judge Paul Magnusson sentenced Thao to 3 ½ years imprisonment, Kueng to three years imprisonment and Lane to 2 ½ years imprisonment followed by two years of supervised release. (Completion of Federal Criminal Cases Over Killing of George Floyd, dwkcommentaries.com (July 27, 2022).)

U.S. Needs To Improve Relations with Cuba

Cuba recently has been the subject of many related news reports. First, the island is suffering from many economic problems, including many younger Cubans abandoning the island for life elsewhere. Second, many private enterprises on the island are being successful.  Third, this year Russia and China have been increasing their connections with Cuba to support that country and oppose U.S. actions against the island. Fourth, the above developments pose challenges to the U.S., which needs to return to its positive relationships with Cuba that were started in the Obama Administration.

Cuba’s Recent Economic Problems[1]

“With sanctions tightened by the Trump Administration (and not repealed by the Biden Administration), Cuban economic mismanagement and the impact of the pandemic and other events, Cuban inflation has soared, basic foods and medicines have become scarce, and money transfers from Cubans in the U.S. have dwindled. The flow of foreign tourists has also dried up.”

In July 2021, this “economic crisis sparked a wave of protests across the island, which prompted a harsh response from security forces. In the following months the government brought charges against 930 protesters and sentenced 675 of them to prison terms, some as long as 25 years, according to Laritza Diversent, director of human-rights group Cubalex.”

In August 2022 a “fire destroyed 40% of the fuel storage capacity at the port city of Matanzas, leading to increased electricity outages that even before the disaster were lasting up to 20 hours a day in many places.”

Cuba’s economic difficulties also were exacerbated by the Trump Administration’s 2019 imposition of the harshest economic sanctions against Cuba in more than a half-century. It ended virtually all non-family travel to Cuba and placed new limits on the money Cuba-Americans could send to family on the island. This Administration also began implementing an old law aimed at blocking both U.S. and foreign investment on the island that had been on hold because of immense opposition from U.S. allies. This move unleashed a law allowing Cuban Americans to sue in U.S. courts any company that benefits from their property on the island that had been confiscated by Fidel Castro’s regime. More significantly, the Trump Administration re-designated Cuba as a state-sponsor of terrorism.[2]

In response to these problems, as of August 2022, “More than 175,000 Cuban migrants were apprehended in the U.S. between last October and July, six times as many as in the previous 12-month period, according to U.S. Customs and Border Protection. Most are young, single adults, according to government statistics. Many are relatively well educated, say people who work with the migrants.” This “exodus reflects the desperation, the lack of hope, and the lack of future people on the island feel,” said Jorge Duany, head of the Cuban Research Institute at Florida International University.”

Recent Expansion of Cuban Private Enterprises on the Island[3]

According to Miami Herald, “over the past two years . . . [p]rivate businesses, banished from the island by Fidel Castro more than 60 years ago, are making a strong comeback, employing more people than state enterprises, gaining trust from foreign creditors and helping put food on Cubans’ tables at a time of widespread scarcity.” Recently Cuba’s economy minister, Alejandro Gil, in a speech at the National Assembly reported that “the private sector is on track to buy over a billion dollars in goods by the end of [this] year—outpacing the government as the country’s largest importer.”

“[P]rivate grocery stores are taking the place of the empty-shelf government supermarkets, and all sorts of [private] businesses are filling the space once monopolized by the state. Some restaurant owners are now opening chains or franchises. Others are entering partnerships with cash-strapped local enterprises owned by the state and paying in foreign currency for the supplies needed for their production lines.”

“Cuban [government] leaders have long resisted [such a development] because it aims at the heart of the state-controlled Marxist economy.” But “[t]they’ve had no choice but to allow it amid the most severe economic crisis.” As a result, Cuba is looking “less like the highly centralized socialist economy . . . and more like a country in transition, where a nascent business community coexists with inefficient state companies.”

According to Ricardo Herrero, executive director of the Cuba Study Group, a Cuban-American organization that helps train entrepreneurs on the island, who “share similar value sets with entrepreneurs here in the  United States.” They “want the government off their backs and want to see better relations between the United States and Cuba, particularly between Cuba and the diaspora.” Moreover, “some Cubans living in Miami are even owners or partners in some of these private companies.”

The Cuban “private sector now employs around 35% of Cuba’s work force, about 1.6 million workers, surpassing the 1.3 million employed by state enterprises, according to Cuban economist Juan Triana, a professor at the Center for the Study of the Cuban Economy at the University of Havana.

These non-state actors through the end of this April were responsible for $270 million of Cuba’s imports or 61% of its total imports according to Pedro Monreal, a Cuban economist who works for the U.N. Educational, Scientific and Cultural Organization.

On August 2, 2023, however, Cuba’s Central Bank announced new regulations that will require small private businesses to offer their customers ways to make digital payments and promptly to deposit all cash revenue in their bank accounts while banning cash withdrawals to pay operating expenses. This also will ban private enterprises from using their Cuban pesos to buy U.S. dollars in the informal market to pay for goods purchased abroad while the government is unable to provide food and essential goods for the people. As a result, these regulations are another government attempt to regulate the private sector and are expected to cause immense practical difficulties in the state-owned banks and system to implement the regulations and regulate increases in retail prices on the island.

Russian and Chinese Recent Assistance to Cuba[4]

Starting in February 2023, “high-level Russian officials began a steady stream of public visits to Cuba. Barely a month went by without a high-profile Russia-Cuba visit.” And high-level Cuban officials also were visiting Russia. Here is at least a partial list of those visits this year:

  • “In March, Nikolai Patrushev, secretary of the Russian Security Council and Igor Sechin, the powerful director of the Russian state oil company, Rosneft, met with leaders in Havana.”
  • “In April, Russian foreign minister, Sergey Lavrov, visited the island as part of a regional tour that included two other American adversaries — Venezuela and Nicaragua.”
  • “In June, Cuban Prime Minister Manuel Marrero Cruz visited Russia for more than ten days, including a meeting with Putin.
  • More recently, “Alvaro Lopéz Miera, the Cuban defense minister, traveled to Moscow . . . for discussions with his Russian counterparts — including Sergei Shoigu, one of the notorious architects of the war in Ukraine.” And Shoigu announced that “Cuba has been and remains Russia’s most important ally in the [Caribbean] region.” Shoigu promised that Moscow was “ready to render assistance to the island of freedom and to lend a shoulder to our Cuban friends.”
  • Similar comments came from “Cuban Deputy Foreign Minister Gerardo Peñalver, [who] described the two countries as ‘strategic allies’ cooperating against ‘unilateral coercive measures’ from Washington.”

These contacts have resulted in a memo of understanding whereby Russia will invest in Cuba’s agricultural lands to produce goods for the Russian market, Russia will increase its commercial flights to Cuba’s eight airports, will modernize Cuba’s major industries and reduce tariffs and costs for Russian exports to the island and will construct an all-Russian hotel, shopping mall and banking facilities in Cuba.

In addition, “Russia pledged to give oil and various industrial supplies to Cuba. By one estimate, Moscow has already sent the island more than $160 million worth of oil this year. And Russian news agencies announced that additional supplies will follow.”

“Cuba now receives direct flights from Russia (flights had been suspended after the invasion of Ukraine), and it has joined the ’Mir’ payment system that Moscow created to facilitate the conversion of rubles to pesos and other currencies for tourism, trade and aid. Over 1,000 Russian oil executives and staff are expected to the visit Cuba by year’s end.”

In early July, “the Russian naval ship, Perekop, diverted to Cuba from the country’s Baltic Sea fleet more than 7,000 miles away. The ship carried approximately 100 Russian naval cadets, humanitarian assistance and various equipment to Cuba. The Russian ambassador and the deputy commander of the Russian Navy attended the ship’s elaborate arrival ceremony, symbolizing that this was the beginning of deeper collaboration.”

China, on the other hand, is Cuba’s largest trading partner, and plays a role in the island’s agricultural, pharmaceutical, telecommunications and infrastructural industries. Beijing also owns a significant measure of Havana’s foreign debt.

In early June 2023, there were reports that China was planning to build an electronic listening station in Cuba in exchange for paying Cuba billions of U.S. dollars and that U.S. officials were concerned that such a station could be capable of spying on the United States by intercepting electronic signals from nearby U.S. military and commercial facilities and could amplify Beijing’s technological capacity to monitor sensitive operations across the Southeastern U.S., including several military bases. This Chinese base is part of what the US intelligence community identifies as a wider Chinese effort to intercept American communications, steal secrets and prepare for increased competition.” However, on June 10th an anonymous Biden official said that before 2019, the U.S. knew there was an operating Chinese spy base or facilities in Cuba that could intercept electronic signals from nearby U.S. military and commercial buildings.

In any event, Evan Ellis, a Latin America analyst at the U.S. Army War College, saw such an electronics facility as “a sign of the island’s financial desperation. China gives money to Cuba it desperately needs, and China gets access to the listening facility.” However, Michael Bustamante, a Cuba expert at the University of Miami, said aside from Cuba’s financial dire straits, the deal with China may reflect that the Cuban government feels it has little to lose given how poor its relationship is with the U.S.

Moreover, according to the Wall Street Journal, in later June 2023, Cuba and China were negotiating to establish a new joint military training facility on the north coast of the island that would be “part of China’s ‘Project 141,’ an initiative by the People’s Liberation Army to expand its global military base and logistical support network. It also is a sign that China now sees its struggle with the U.S. as global and that it must operate around the world to fend off Washington and protect Chinese interests.

U.S. and Cuban Exchanges About Chinese and Russian Connections with Cuba[5]

On June 20, 2023, U.S. Secretary of State Antony Blinken said that the U.S. would “have deep concerns” about Chinese military activity on Cuba, and that he made this message clear on his recent visit to Beijing.

The next day at the June 21 State Department Press Briefing, , the Department’s Principal Deputy Spokesperson, Vidant Patel, said, “The Secretary raised the serious concerns the U.S. would have about any intelligence or military facility in Cuba, saying that we will continue to defend our interests here.” Then in response to a reporter’s question, Patel added, “[W]e we are monitoring and responding to any PRC attempts to expand its military or security presence around the world, and we watch how potential PRC actions may impact the United States. Our experts assess that our diplomatic efforts have slowed the PRC down, and there of course continue to still be challenges, but we continue to be concerned about the PRC’s longstanding activities with Cuba. The PRC will keep trying to enhance its presence in Cuba and we will keep working to disrupt it.”

These U.S. assertions were strongly denounced by Cuba’s Minister of Foreign Affairs, Bruno Rodriguez Parrilla, in the following statement:

  • “The assertions made by the US Secretary of State about the presence of a Chinese spy base in Cuba are false, totally false. Cuba’s standing on this subject is clear and unequivocal.”
  • “These are unfounded allegations.”
  • “The [U.S.] aim is to use them as a pretext to maintain the economic blockade against Cuba and the measures of maximum pressure that have strengthened it in recent years, and which have been increasingly rejected by the international community, as well as inside the United States. The rejection includes the demand to remove Cuba from the arbitrary list of States Sponsors of Terrorism.”
  • “Cuba is not a threat to the United States or any other country.  The United States implements a policy that threatens and punishes the entire Cuban population on a daily basis.”
  • “The US has imposed and owns tens of military bases in our region and also maintains, against the will of the Cuban people, a military base in the territory that it illegally occupies in the province of Guantánamo.”
  • “We are witnessing a new disinformation operation, similar to the many others in the United States throughout its long history of hostility against our country.”

On August 2, Granma, the official organ of Cuba’s Communist Party’s Central Committee, reiterated Cuba’s denunciation of the U.S. embargo (blockade) of Cuba, with the following words:

  • “The Ministry of Communications (MICOM) is the target of the brutal blockade of the United States against Cuba, according to confirmation of damages that only in the period August 2021-February 2022 caused economic damages and losses that exceeded 104 million dollars.”
  • “This was denounced by the first deputy minister of the sector, Wilfredo González Vidal, who specified to the Cuban News Agency (ACN) that the cruel economic, commercial and financial monstrosity reduces the dynamism and speed of the digital transformation process of our country.”
  • “The set of actions developed by the United States, he said, ‘continues to be the main impediment to a better flow of information and broader access to the Internet and Information and Communication Technologies (ICT) for our people.’”
  • “However, in Cuba the expansion of access to the network of networks and knowledge continues, and today it has 7.8 million mobile phone users and of them almost seven million access the Internet through this important channel, he noted.”
  • “This, he asserted, is due to the effort and will of the State to advance in the information society, creating a responsible culture on the use of new technologies in favor of the economy and society.”
  • “The official pointed out that the economic damages and losses caused to the Communications System, as a consequence of the blockade, are evident throughout the sector, that is, in Telecommunications, Information Technologies and Postal Services.”
  • “Likewise, according to the ACN, it described as significant the effects due to the limitations of supplies of technologies and equipment produced under license, or using North American components, which forces it to go to other markets, much further away, an obstacle for which the greatest effects are quantified to sector.”

In July 2023 the U.S. went beyond words by sending “a nuclear-powered submarine, the USS Pasadena, to the American-held base at Guantanamo Bay. Officially a ‘logistics stop,’ this was a warning and a show of strength. The Cuban Ministry of Foreign Affairs condemned the submarine visit as a ‘provocative escalation.’ The US Navy said the move was ‘not without precedent.’”

U.S. Should Return to Positive Engagement with Cuba[6]

Only a few years ago, the government of Cuba was pursuing closer ties to Washington. According to William LeoGrande, a Latin America expert at American University, “Every major component of Cuba’s economic strategy in the last two decades had been premised on long-term expectations that the relationship with the U.S. would improve.”

In December 2014, this Cuban effort paid off when the two countries presidents (Barack Obama and Raul Castro) announced that their countries would be pursing efforts to improve relations, and that effort produced positive results for the rest of Obama’s presidency ending in early January 2017. Everyone from Conan O’Brien to Andrew Cuomo to Steve Nash began showing up in Havana. As a University of Miami’s Cuba expert, Michael J. Bustamante, noted at the time, “the American flag has even become the most stylish national standard, appearing on Cubans’ T-shirts, tights and tank tops.”

However, the Trump presidency (2017-21) and the Biden presidency since early 2021 have been engaged in U.S. policies of hostility toward Cuba.

Now the emergence of an important private enterprise sector of the Cuban economy has provided the opportunity for the two countries to return to better relations that improve the living conditions of the people on the island. This argument was well put in an op-ed article in the Miami Herald by Miguel “Mike” Fernandez, the Chairman of Coral Gables, Florida’s MBF Healthcare Partners, who said the following:

  • “It is time to shift our focus toward uplifting the Cuban people, primarily by supporting and empowering the emerging private sector, to restore hope and a bright future for the nation.”
  • “By promoting and facilitating engagement and collaboration with Cuba’s emerging private sector, the United States can foster positive change, enhance regional stability and tap the vast potential of Cubans’ entrepreneurial spirit, while reducing the vast numbers of Cuban immigrants arriving at the southern border.”
  • “A notable, and not so quiet, course change has begun as the Cuban government has had to accept the reality that it’s broke. Hence the emergence of a private sector, which can use our support because of our know-how and capital resources as a viable alternative to a punitive strategy. . . . [This private sector] is providing solutions for Cubans where the government no longer can. . . . [and] presents an opportunity to transform the country’s economic landscape.”
  • “It is crucial for the United States to support and engage with Cuba’s private sector to reduce emigration to this country and promote stability and prosperity within the island. . . . By redirecting our efforts toward supporting the growth of entrepreneurship, small businesses and foreign investment, we can foster an environment of economic independence for Cubans.”

At the top of the “to do” list for the U.S. is cancelling (1) the U.S. embargo [blockade] of Cuba; (2) the U.S. designation of Cuba as a state sponsor of terrorism, which the Obama Administration had done in 2015; and (3) the ban on U.S. tourist visas for Cuba. The U.S. should also initiate diplomatic discussions with Cuba regarding many issues, including U.S. positions on Cuba set forth in U.S. annual reports on world-wide trafficking in persons; religious freedom; and human rights.[7]

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[1] E.g., Cordoba, Cuban Migrants Head to the U.S. in Record Numbers, W.S.J. (Aug. 24, 2022)

[2] Trump declares economic war on Cuba, the Conversation (April 18, 2019); Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023).

[3] Torres, Capitalism makes strong comeback in Cuba after six decades of socialism. Will it last?, Miami Herald (June 23, 2023); Torres, How Miami companies are secretly fueling the dramatic growth of Cuba’s private businesses, Miami Herald (June 23, 2023); Fernandez, Transforming U.S.-Cuba relations: From dominating to elevating/Opinion, Miami Herald (July 19, 2023); MF Healthcare Partners, Rodriguez, Evaluate new proposals for measures in commerce to promote payment through electronic channels, Granma (Aug. 3, 2023); Torres, Sudden banking cash-withdrawal limit threatens private sector and food imports to Cuba, Miami Herald (Aug. 4, 2023).

[4] Demirjian & Wong, China to Build Station That Could Spy on U.S. from Cuba, Officials Say, N.Y. Times (June 8, 2023); Strobel & Lubold, Cuba to Host Secret Chinese Spy Base Focusing on U.S., W.S.J. (June 8, 2023); Cordoba, Cuba’s Spy Deal With China Has Echoes of Cold War Tensions, W.S.J. (June 8, 2023); Gale & Ramzy, Cuba Base Would Help China Identify Strike Targets in U.S., W.S.J. (June 9, 2023); Hutzler & Vyas, Cuba Spy Station Brings China Closer to America’s Doorstep, W.S.J. (June 9, 2023); Demirjian & Wong, China Has Had a Spy Base in Cuba for Years, Official Says, N.Y. Times (June 10, 2023); Lubold & Strobel, White House Says China Has Had Cuba Spy Base Since at Least 2019, W.S.J. (June 11, 2023); Strobel, Lubold, Salama & Gordon, Beijing Plans a New Training Facility in Cuba, Raising Prospect of Chinese Troops on America’s doorstep, W.S.J. (June 20, 2023); Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023; Yu, China Plans With Cuba for Global Dominance, W.S.J. (June 29, 2023); Suchlicki, The Russians are coming back to Cuba, prepared to challenge U.S. on its doorstep/Opinion, Miami Herald (June 23, 2023); Bihart, America’s Foes Are Joining Forces, N.Y. Times (July 3, 2023); Torres, China has had a spy base in Cuba for decades, former intelligence officer says, Miami Herald (July 5, 2023).Suri, Opinion: In tough times, Russia turns to a Cold War comrade, CNN.com (July 20, 2023).

[5] Editorial, China’s New Military Footprint in Cuba, W.S.J. (June 20, 2023); U.S. State Dep’t, Department Press Briefing—(June 21, 2023); Cuba Foreign Minister Parrilla, Cuba is not a threat to the United States or any other country, Granma (June 13, 2023). Communications sector severely damaged by the US blockade, Granma (Aug. 2, 2023);

[6] President Obama Rescinds U.S. Designation of Cuba as a ‘State Sponsor of Terrorism,” dwkcommantaries.com (04/15/15); U.S. Rescinds Designation of Cuba as a “State Sponsor of Terrorism, dwkcommantaries.com (05/29/15)  U.S. State Dep’t, U.S. Relations with Cuba (Nov. 22, 2019).

[7] This post does not comment on the multitude of issues regarding U.S.-Cuba relations. However, this blog has published a list of many of these posts about many of these issues, which has not been recently updated, (See, e.g., List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20].

Introduction of New Proposed Afghan Adjustment Act 

On July 13, 2023, U.S. Senators Amy Klobuchar (Dem, MN) with five co-sponsoring Democrat Senators and six co-sponsoring Republican Senators introduced a new proposed Afghan Adjustment Act (S.2327). The Democrat co-sponsors are Senators Coon (DE), Blumenthal (CT), Shaheen (NH), Durban (IL) and Menendez (NJ), and the Republican co-sponsors are Senators Graham  (SC), Moran (KS), Mullin (OK), Murkowski (AK), Wicker (MS) and Tillis (NC). After two readings the bill was referred to the Committee on the Judiciary.[1]

On the same date the identical bill was introduced in the House of Representatives by Miller-Meeks (Rep., IA) with 11 Republican co-sponsors and 12 Democrat co-sponsors and was referred to the House Committee on the Judiciary.

At that time, Senator Klobuchar said, “Giving our Afghan allies a chance to apply for legal status is the right and necessary thing to do. This bipartisan legislation will help provide Afghans who have sacrificed so much for our country with the legal certainty they deserve as they rebuild their lives. I will continue working with my colleagues on both sides of the aisle to advance this bipartisan legislation and provide Afghans who sought refuge in the U.S. with the opportunity for a stable future in their new home.”

Klobuchar also said on the Senate floor that many Afghans vouched for by U.S. top military leaders ”took bullets for us, literally. And we must stand by them. The decision we make for them of whether we live up to the covenant we made to our Afghan allies is going to reverberate militarily and diplomatically for longer than any of us will serve in this body.” Klobuchar added that the U.S. did not leave Hmong and Vietnamese people in limbo when they were evacuated. Generations later, Hmong people have become police officers, elected officials, firefighters and “pillars of our community.” These Afghans “can’t go back—they’d be killed by the Taliban.” Noting support from many U.S. retired generals  and leaders of congressional armed services committees, she said, “It is really a military priority.”

Republican Senator Graham made a similar statement: “It is imperative that America assist those Afghans who supported our country and that fled the oppressive regime of the Taliban. We must let the world know that we do not abandon those who aid America.  This bill works toward that goal while ensuring strong vetting to protect America’s own security,”

The press release by Senator Klobuchar’s office noted that this “legislation has received the endorsement of many groups including The American Legion, Veterans of Foreign Wars (VFW), Blue Star Families, and more.

Senate Co-Sponsors Comments About the Bill

Senator Blumenthal observed, ““I know firsthand about the translators and guards and others who served putting their lives on the line. And now in Connecticut, I’ve had the privilege of calling many of them [and their families] my friends. It is a promise. Great nations keep their promises. These individuals are among our most loyal friends. The test is that they put targets on their back from the Taliban. They knew they and their families would be at risk if the Taliban ever took over. Now the Taliban has done it, and they cannot return. Nor can their families.”

Senator Coon said, ““We owe an enormous debt of gratitude to the Afghan people for the ways they supported U.S. forces for almost 20 years, often at great personal risk. The Afghan Adjustment Act is a first step toward keeping our word as a nation and honoring that debt. This bipartisan legislation would provide a pathway to lawful permanent status for certain Afghan civilians, offering them a way out of legal limbo and the looming threat of deportation with great risk to their personal safety, and after failing to pass this bill last year, we should take it up and pass it swiftly now. Congress has a track record of passing similar legislation on humanitarian grounds, and it is shameful that we have not done so yet.”

Coon also observed that this Act was “modeled after bipartisan bills that Congress has passed in the wake of other humanitarian crises and the Vietnam War.”  More specifically, the Afghan Adjustment Act would:

  • “Allow Afghans on humanitarian status who submit to additional vetting – including an in-person interview – to apply for permanent legal status. For these Afghans, the primary options under current law to gain permanent status are through our asylum system or the burdensome SIV process;”
  • “Expand the SIV program to include previously omitted groups, including the Female Tactical Teams of Afghanistan, the Afghan National Army Special Operations Command, the Afghan Air Force, and the Special Mission Wing of Afghanistan;” and
  • “Establish a task force to develop and implement a strategy for supporting Afghans outside of the United States who are eligible for SIV status and require the Department of State to respond to congressional inquiries about SIV applications.”

Senator Moran stated the bill would “allow Afghans who sought refuge in the United States to apply for permanent legal residency after undergoing additional vetting.. . . Allowing Afghan allies to apply for permanent legal residency will help provide certainty as they build their lives in the United States.”

Senator Murkowski stated, ““The United States must ensure that we keep our promises to our Afghan allies, and provide certainty for those who fled to the United States and have no place to return. I am proud to join my Senate colleagues in legislation to give innocent Afghans hope for a safer, brighter future.

Conclusion

In the final days of the last session of Congress, the prior version of the Afghan Adjustment Act had strong support in the House and Senate, but Iowa’s Republican Senator Chuck Grassley opposed and prevented its passage because he claimed there were “security concerns” due to purported inadequate vetting of projected beneficiaries of the bill.[2]

Therefore, now is the time to pass this bill!

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[1] S.2327, Afghan Adjustment Act (July 13, 2023); H.R. 4627, To provide support for nationals of Afghanistan who supported the United States mission in Afghanistan, adequate vetting for parolees from Afghanistan, adjustment of status of eligible individuals, and special immigrant status for at-risk Afghan allies and relatives of certain members of the Armed Forces, and for other purposes (July 13, 2023); Sen Klobuchar, Press Release, Klobuchar, Graham, Coons, Moran, Blumenthal, Murkowski, Shaheen, Wicker, Durbin, Tillis, Miller-Meeks, Blumenauer Reintroduce Bipartisan Legislation to Allow Afghan Allies in the United States to Apply for Permanent Legal Status, (July 14, 2023); Sen. Blumenthal, Press Release, Blumenthal Calls for Path to Permanent Legal Status for At-risk Afghan Allies (July 21, 2023); Sen. Cooss, Press Release, Senator Coons, colleagues introduce bipartisan legislation to allow Afghan allies in U.S. to apply for permanent legal status (July 17, 2023); Sen. Moran, Press Release, Sen. Moran, Colleagues Introduce Bipartisan Legislation to Allow Afghans Allies in the United States to Apply for Permanent Legal Status (July 17, 2023); Sen. Tillis, Press Release, Tillis Co-Introduces Legislation to Protect Afghan Allies (July 18, 2023). Rao, Two years later, a renewed push to help Afghan evacuees gain citizenship, StarTribune (July 30, 2023).

[2] Need To Prod Congress To Enact Afghan Adjustment Act, dwkcommentaries.com (Dec. 17, 2022). See also prior posts about Afghan Adjustment Act, dwkcommentaries.com.

Wall Street Journal Editorial: U.S. Needs More Immigrants

The Wall Street Journal on July 24, 2023, published an editorial calling for increased U.S. recruitment and admission of immigrants.[1] Here are its reasons for that conclusion.

“The U.S. has a people problem. The birth rate has been sliding for years, and it’s about to translate into a shrinking labor force. By 2040, according to a study out this week, America could have more than six million fewer working-age people than in 2022. The only way to counter the domestic trend is by attracting workers from abroad.”

According to the editorial, “’The working-age U.S. population has peaked absent additional immigration,’ writes Madeline Zavodny, in a forthcoming paper from the National Foundation for American Policy. ‘New international migrants are the only potential source of growth in the U.S. working-age population over the remainder of the next two decades.’ Ms. Zavodny is an economics professor at the University of North Florida, and her analysis is based on data from the Census Bureau and Bureau of Labor Statistics.”

“At a time when some Americans view foreign workers as cheap competition, she offers a prescription for growth and vigor. In particular she notes that, although foreign-born workers accounted for nearly half the gain in U.S. employment from January 2021 through May 2023, ‘employment among prime-aged U.S.-born workers also soared during this period.’”

“Unemployment has been historically low, she adds, and difficulty of finding good workers will increase if the pool of working-age people shrinks.”

“The domestic trend lines aren’t good, for two big reasons. The declining birthrate is one. The other is Baby Boomers are both living longer and aging out of the work force. Anyone who imagines that a shrinking population is pleasant should spend some time in Japan and Italy. As these countries are finding, decline means fewer people to produce goods and services, as well as less innovation. Even China’s Communists now admit that owing to their pursuit of a one- child policy, they now face, as Milton Friedman predicted, a huge worker shortage that will challenge economic growth.”

“So far the U.S. has been able to compensate via immigration, which was ‘the sole source of growth in the U.S. working-age population in 2021 and 2022,’ Ms. Zavodny says. But this isn’t guaranteed. She suggests a future of competition among countries hit by the double whammy of a declining birth rate and aging society. Canada recently rolled out a new work permit to lure away foreigners in the U.S. on high-skill H-1B visas. The target of 10,000 applicants was met in two days.”

“Amid Donald Trump’s talk about a wall and Joe Biden’s chaos at the southern border, it’s hard to imagine any solutions from Congress before 2025. But Ms. Zavodny identifies labor-force trends that will have damaging consequences if they aren’t addressed. Someone needs to make the case that admitting foreign workers is good for Americans.”

In her underlying  paper for the National Foundation for American Policy, Zavodny adds, “Technological change, including ongoing advances in generative AI, is unlikely to eliminate the need for additional workers. In the long run, technological progress raises labor demand by increasing productivity and incomes. In the short to medium run, domestic workers are unlikely to be sufficient to meet labor demand as federally funded infrastructure projects roll out and domestic semiconductor production ramps up. The U.S. will need workers with specialized skills that are in short supply and take years of education and training to acquire. Now and in the future, the U.S. will still need workers, and it risks not having enough of them, particularly those with desired skills, absent additional immigration.”[2]

Comment

 This blog agrees with this W.S.J. editorial as evidenced by many blog posts and comments regarding U.S. immigration.[3]

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[1] Editorial: America’s Choice: Immigration or Bust, W.S.J. (July 24, 2023).

[2] Zavodny, Why the United States Still Needs Foreign-Born Workers, Nat’l Foundation for American Policy (July 2023).

[3] E.g., Posts and Comments to dwkcommentaries.com: Iowa State Government Encouraging Refugee and Migrant Resettlement (Feb. 3, 2023); Comment: National Worker Shortages in U.S. (Feb. 3, 2023); Comment: Economists Surprised by January New Jobs Data (Feb. 4, 2023); Comment: Migrant Workers Being Paid Premium Wages in Tight U.S. Job Market (Feb. 8, 2023); More Details on U.S. and Other Countries’ Worker Shortages (Feb. 9, 2023); Other States Join Iowa in Encouraging Immigration to Combat Aging, Declining Population (Feb.22, 2023); COMMENT: More Support for Immigrants’ Importance for U.S. Economy (Feb. 23, 2023); U.S. High-Tech Layoffs Threaten Immigrants with Temporary Visas (Feb. 25, 2023).