A Conservative Judge Torched Donald Trump’s Latest Illegal Assault on Immigrants

Canadian conservatives advocating simplistic solutions to asylum seekers should take note:

If there were any lingering doubt that Donald Trump’s latest plan to curb asylum is flatly unlawful, Judge Jay Bybee quashed it on Friday.

In a meticulous 65-page opinion, Bybee—a conservative George W. Bush appointee—explained that the president cannot rewrite a federal statute to deny asylum to immigrants who enter the country without authorization. His decision for the 9th U.S. Circuit Court of Appeals is a twofold rebuke to Trump, halting the president’s legal assault on asylum-seekers and undermining his claim that any judge who blocked the order is a Democratic hack. The reality is that anyone who understands the English language should recognize that Trump’s new rule is illegal. Like so many of Trump’s attention-grabbing proposals, this doomed policy should never have been treated as legitimate in the first place.

Friday’s ruling involves a proclamation that Trump signed on Nov. 9, ostensibly to address the “continuing and threatened mass migration of aliens with no basis for admission into the United States through our southern border.” The order alluded darkly to the caravan of asylum-seekers then approaching the border, which Trump tried and failed to exploit as a campaign issue. To remedy this “crisis” and protect “the integrity of our borders,” he directed the federal government to deny asylum to any immigrant who enters the United States unlawfully.

Ten days later, U.S. District Judge Jon S. Tigar halted the new rule, holding that it likely exceeded the president’s authority. Trump responded by dismissing Tigar, a Barack Obama appointee, as an “Obama judge.” The comment led to a rare rebuke from Chief Justice John Roberts, who told the AP: “We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

As Trump escalated his feud with Roberts, his Department of Justice appealed Tigar’s ruling to the 9th Circuit. It faced a seemingly propitious panel: Bybee, Judge Edward Leavy, and Judge Andrew D. Hurwitz. Bybee is a very conservative jurist who authored the original “torture memo,” justifying the Bush administration’s brutal interrogation of detainees. Leavy is a staunchly conservative Reagan appointee; only Hurwitz, an Obama appointee, leans to the left. Under Trump’s partisan vision of the judiciary, the DOJ would seem to have a good shot at reviving the asylum rule.

But Bybee didn’t bite. In a crisp and rigorous opinion for the court, he wrote that Tigar was correct to conclude that the policy almost certainly violates the law. The problem, Bybee explained, is that Congress expressly provided asylum-seekers with the right that Trump now seeks to revoke: an ability to apply for asylum regardless of how they came into the country. The Immigration and Nationality Act states that “[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival …), irrespective of such alien’s status, may apply for asylum in accordance with this section.” This provision implements the 1951 Convention Relating to the Status of Refugees, which the United States has ratified. It directs signatories not to “impose penalties [on refugees] on account of their illegal entry or presence.”

The plain text of the law couldn’t be clearer: Immigrants in the U.S. are eligible for asylum whether they arrived legally (through a “designated port of arrival”) or illegally. If the president wants to change that fact, he’ll have to convince Congress to break its treaty obligations and alter the law.

Obviously, the Trump administration has not persuaded Congress to overhaul asylum law. So it tried to work around the existing statute by allowing unauthorized immigrants to request asylum—then directing the government to deny their application. Bybee easily disposed of this semantical workaround. “It is the hollowest of rights,” he wrote, “that an alien must be allowed to apply for asylum regardless of whether she arrived through a port of entry if another rule makes her categorically ineligible for asylum based on precisely that fact. … The technical differences between applying for and eligibility for asylum are of no consequence to a refugee when the bottom line—no possibility of asylum—is the same.”

In light of the proclamation’s fundamental illegality, Bybee, joined by Hurwitz, affirmed Tigar’s nationwide restraining order. Leavy dissented in a curious five-page opinion insisting that the INA grants the executive branch power “to bring safety and fairness to the conditions at the southern border.” His anemic analysis is no match for Bybee’s thorough demolition of the DOJ’s illogical position. It seems quite likely that a lopsided majority of the Supreme Court will eventually agree with Bybee’s majority opinion.

It is satisfying to see a “Bush judge” (in Trumpian parlance) hand the president such a stinging legal defeat. Roberts overstated the case in totally dismissing the role of partisanship in the judiciary; of course some judges are political. But for now, a majority of the federal judiciary remains willing to stand up to the president, at least when he issues blatantly illegal orders. Judges like Roberts and Bybee may let Trump manipulate ambiguous laws to do some very bad things to immigrants. But they are not willing to let the president ignore a clear and constitutional directive from Congress.

The next time Trump floats a flagrantly lawless idea, then, it’s worth remembering that nativist bluster cannot transmogrify an illegitimate command into a permissible executive order. Just because the president considers ending citizenship for the children of unauthorized immigrants, for instance, does not mean he can actually get away with it. Like the INA, the Constitution grants certain rights that the president cannot unilaterally rescind—including birthright citizenship. Bybee felt no compunction to pretend that Trump’s illicit scheme has any legitimacy. Neither should the rest of us.

Source: A Conservative Judge Torched Donald Trump’s Latest Illegal Assault on Immigrants

Study highlights ‘uncomfortable truth’ about racism in the job market

My analysis shows similar patterns, but with distinct differences between the various visible minority groups, with some groups (i.e., Chinese) doing better, others (same groups as identified in their study) doing worse, with visible minority women doing relatively better, compared to not visible minority than is the case for men:

Racialized workers in Ontario are significantly more likely to be concentrated in low-wage jobs and face persistent unemployment and earnings gaps compared to white employees — pointing to the “uncomfortable truth” about racism in the job market, according to a new study.

The study from the Canadian Centre for Policy Alternatives found that women of colour are the most disadvantaged in the province’s labour market: they experience higher unemployment rates than all other groups and earn 58 cents for every dollar that a white man makes — a gap that has improved by just five cents since 2006.

Sheila Block, senior economist with the CCPA’s Ontario office and co-author of the report with Ryerson professor Grace-Edward Galabuzi, said the findings showed the “persistence of labour market inequality despite an increasing racialized population.”

“A policy of approach of benign neglect is not going to be sufficient to ensure that all Ontarians’ talents, whether they are racialized or non-racialized, are fully utilized,” she said.

Racialized Canadians now make up 29 per cent of the Ontario population, compared to 23 per cent in 2006 — meaning that job market barriers impact a larger demographic.

“It has negative impacts on the individuals that are discriminated against, but it also has a negative impact on our overall economic activity and efficiency,” Block said.

The study, being released Tuesday, is based on Statistics Canada census data and shows that racialized communities in Ontario face higher unemployment rates than non-racialized workers — but also have higher participation rates, which measures how many people are either employed or actively looking.

Block said that indicated that despite putting “similar effort” into working or finding work, racialized workers are less likely than their white counterparts to actually get a job.

Racialized women had the highest unemployment rate at 10 per cent, compared to 8.7 per cent for racialized men, 7 per cent for non-racialized men and 6.4 per cent for non-racialized women.

Employment dipped for all groups since 2006, showing an “overall deterioration in labour market conditions,” the report found — driven in part by the impact of the loss of middle-class manufacturing jobs over the past decade.

The erosion of traditional middle-class industrial jobs saw a “sharper deterioration” in conditions for men, particularly for white men. Non-racialized men’s unemployment rates increased by 1.4 per cent since 2006, compared to 0.9 per cent for racialized men.

But the study showed that women, especially women of colour, are still significantly more likely to be concentrated in low-wage jobs. Racialized women were 25 per cent more likely to be working in occupations in the bottom half of the income distribution than white men. Racialized men were less likely to be in low-wage occupations than women, but more likely than white men.

“I think that tells us that is still a very large gap over that 10-year period and that gap has remained despite the hollowing out of middle-income jobs and particularly manufacturing jobs,” Block said.

The report notes that a “common Canadian narrative is that the discrimination that racialized workers face … is part of the immigrant experience and that it is common to all immigrants.”

That, the data suggests, is untrue: racialized male immigrants earn 70 cents for every dollar that non-racialized immigrant men make, and racialized female immigrants make 78 cents for every dollar that white immigrant women make. Those gaps persisted for second- and even third-generation immigrants.

“These findings point to the need for Ontario to deal with the uncomfortable truth that its labour market is not equally welcoming to all immigrants,” the report notes.

Outcomes varied for different racialized communities: Black, Latin American, and Filipino workers, for example, consistently had a “large earnings gap despite the length of time their families had been in Ontario,” according to the study.

“Addressing the labour market discrimination faced by racialized workers will require a deeper understanding of racism and the different ways it is manifested in the labour market for different racialized groups,” said the report.

The findings come as the Ontario government reverses recently enacted labour protections aimed at improving conditions for precarious workers. Bill 47 cancelled a scheduled minimum-wage increase from $14 to $15 in January, removed the right to equal pay for equal work for temporary, part-time and casual employees, and cancelled two paid sick days for all Ontario workers.

A report on provincial workplace standards written by two special advisers under the previous government found that visible minorities, new immigrants and women were overrepresented in precarious jobs.

“When we are lowering the floor, we are disproportionately having an impact on racialized workers and in particular racialized women,” Block said.

“We need legislation that both strengthens the Employment Standards Act and makes it easier for workers who are in precarious employment to unionize.”

“The bottom line: we are still waiting for bold new policies to close the persistent gap between racialized and non-racialized men and women in Ontario,” the report concludes.

“Until we tackle the barriers to employment equity and to decent work, Ontario’s racialized income gap is likely to remain.”

Source: Study highlights ‘uncomfortable truth’ about racism in the job marketWomen of colour most disadvantaged, with higher unemployment rates, lower pay, according to report by Canadian Centre for Policy Alternatives.

Lawyer versus consultant? Immigration data shows visa applicants have best shot with former

There may also be some selection bias involved (e.g., nationals who engage lawyers may be stronger candidates for visa approvals):

Foreign nationals who prepare their own Canadian visa applications are nearly as successful in being accepted as those who spend money on a consultant to do the job.

But chances of success are much higher if they hire an immigration lawyer to help get their study, work or visitor visas, according to immigration data obtained under an access to information request.

Canada received 342,154 temporary resident applications in 2017, the data shows. While 86 per cent of applicants declared themselves as self-represented, 6 per cent were represented by consultants and another 5 per cent by lawyers. The remaining 3 per cent hired Quebec notaries or used “non-remunerated” representatives.

Overall, 18.9 per cent of the applications were rejected. Those who prepared their own applications had a 19.3 per cent refusal rate, slightly higher than the 18 per cent among those who paid a consultant to do it.

In contrast, only 10.4 per cent of applications prepared by a lawyer were rejected. The refusal rates for applications prepared by Quebec notaries and unpaid representatives were 13.1 per cent and 10.1 per cent respectively.

Marina Sedai, chair of the immigration section of the Canadian Bar Association, said she wasn’t surprised lawyers had the highest success rate.

“Canadian lawyers’ rigorous education, legal analysis skills, and high ethical standards enforced by an effective regulator, have long been understood to result in better outcomes,” Sedai said.

“Lawyers’ culture of the law being a calling rather than a business means that although lawyers will often take the tough cases, they will also protect clients by advising them against hopeless cases.”

When it comes to the lower success rate for consultants, lawyers are quick to point out that group has lower educational requirements and a less robust regulatory regime than lawyers. For their part, consultants say the immigration data is too general and doesn’t give the full picture.

“It is based on the flawed assumption that all applications are equally complex. In reality, applications completed by unpaid representatives may be far simpler, thus having a much higher chance of success,” said the Canadian Association of Professional Immigration Consultants in a statement to the Star.

Currently, licensed immigration consultants must meet a minimum language requirement and graduate from an accredited immigration practitioner program, which takes about a year to complete full time. While only about 1,000 lawyers practise immigration law, there are five times more licensed consultants in Canada.

“Immigration lawyers typically have completed a four-year bachelor’s degree before undergoing a very competitive process for admission to law school. Law school degrees take three years to complete and are also no cakewalk. Then there is the bar admissions course which must be passed, the articling process, etcetera,” said Toronto immigration lawyer Ravi Jain.

“Many immigration consultants have only completed online courses at a community college. The education and training is just not comparable.”

The immigration consultants’ association, which has more than 2,000 members, said it’s pleased more people are using consultants and believed that’s due to the generally higher fees charged by their lawyer counterparts.

Regulatory bodies for lawyers and consultants do not mandate how much their members can charge clients, but fees can range from hundreds to thousands of dollars.

Jain, who is also vice chair of the bar association’s immigration division, said the success rate for lawyers would likely be even higher if not for the fact lawyers often take up very difficult and complex cases.

“A lot of my clients come to me after they have gone to a consultant or tried on their own,” Jain said, adding many are reluctant to lodge a complaint against their former consultant and prefer just to have him reapply.

“It’s much more difficult to obtain approvals when applications have already been refused,” he added.

Source: Lawyer versus consultant? Immigration data shows visa applicants have best shot with former

In Canada, the term ‘nationalism’ doesn’t seem to have a bad rap. Here’s why

Interesting and relevant changes to how Canadians perceive attachment and belonging (Ekos more reliable than Leger’s web panel):

On a historic Remembrance Day, a century after the end of the First World War, Prime Minister Justin Trudeau told a Paris crowd that decaying trust in public institutions will lead citizens to look for easy answers “in populism, in nationalism, in closing borders, in shutting down trade, in xenophobia.”

The implication was clear: if nations turn in on themselves and treat outsiders as threats, we might again find ourselves in a bloody conflict with fronts all over the world.

But a series of surveys suggest the idea of being a nationalist, and nationalism in general, are viewed fairly positively by most Canadians.

What the data suggest is that Canadians don’t see the concept of nationalism the way people do in the United States, where the term is often linked with white-nationalist groups, and then with white supremacy and racism.

Rather, Canadians appear to have constructed their view of nationalism on the idea of feeling connected to our country and ensuring that others feel connected as well — even as we watch the term pilloried globally.

“It is used in different ways — when people are talking about the Trump nationalism, they would say (it’s) bad. But in Canada, they accept it because it is equated with certain communities and they see it as a way it’s helping vulnerable populations find their place in Canada,” said Kathy Brock, a political studies professor at Queen’s University in Kingston, Ont.

“Canadians have just acclimatized to this dual view of nationalism.”

In the 1950s and 1960s, Canadians often reported feeling greater attachments to their particular communities or ethnic groups than they did to the country. In the intervening years, connection to country has strengthened while connection to community has faded, said Frank Graves, president of EKOS Research Associates, a polling and market-research firm. The opposite has happened in Europe, he said.

Research also suggests Canadians’ attachments to their ethnic groups have weakened over the last 20 years in favour of an attachment to country, Graves said, even as census data shows the country’s population is becoming ever more diverse.

“We don’t have a common ethno-linguistic homogeneity that produces a definition of ‘the people.’ It’s more civic nationalism,” Graves said.

“In Canada, national identity has been created through a dialogue between citizens and the state and the public institutions — medicare, the Mounties, Parliament Hill. It isn’t as much steeped in history or common race and identity, which probably inoculates it from some of the more disturbing expressions of nationalism.”

Newly released survey data from the Association of Canadian Studies says that 60 per cent of respondents hold a somewhat or very positive view of nationalism, compared with about 45 per cent in the United States. The results were similar in both English and French Canada.

There also appears to be an association between Canadians’ views on nationalism and their views on multiculturalism.

“In contrast to the European idea of nationalism, having that ethnic component to it, most Canadians don’t see nationalism as ethnically driven. They see it more as a form of patriotism,” said Jack Jedwab, the association’s president. “It doesn’t intersect as much as it does in the European context with anti-immigrant sentiment, or a sentiment against diversity.”

The Leger Marketing survey of 1,519 Canadians on a web panel was conducted for the association the week of Nov. 12. Online surveys traditionally are not given a margin of error because they are not random and therefore are not necessarily representative of the whole population.

A day after his Nov. 11 comments, Trudeau was asked how he defined nationalism and where he saw it in Canada.

“In Canada, we’ve demonstrated many times that identities are complimentary,” he said. “I’m an extremely proud Quebecer, I’m an extremely proud Canadian and like most Canadians, they don’t see a contradiction in that.”

Experts say the more negative forms of nationalism are nevertheless simmering in Canada. Jedwab’s survey data suggest that respondents who have positive views of nationalism are somewhat more worried about immigration and security along the U.S. border than those who have negative views of nationalism.

Part of what fuelled U.S. President Donald Trump’s political rise, and his populist rhetoric, was financial worry — or what Graves described as the idea of the everyman versus the corrupt elites. Brock said Canada has thus far avoided similar concerns about class and finances, particularly coming out of the recession a decade ago, and a similar rise of nationalist rhetoric.

“Now, we’re facing some really serious economic challenges and if they come to pass, then we could see a different manifestation of this,” she said. “So I don’t think those (polling) figures are necessarily set in stone.”

Source: In Canada, the term ‘nationalism’ doesn’t seem to have a bad rap. Here’s why

Douglas Todd: B.C. coroner fails to release suicide data for international students

Surprising that they are not releasing the data. In my experience, British Columbia is better than most in responding to ATIP requests:

International students in Canada and around the world are not only under pressure to achieve high grades. Many are increasingly expected to become permanent residents in their chosen country so they can eventually sponsor their parents and siblings as immigrants.

Given the intense expectations placed on many young students navigating existence in a foreign country, reports of suicide among them are rising in Canada, the U.S., Australia and Britain, their most sought-after destinations.

The China Daily newspaper recently ran a story headlined, ”Suicide stalking too many Chinese studying overseas,” which detailed a spate of suicides among the 330,000 Chinese students studying and working in the U.S.

The large newspaper, which many see as a guide to China’s government policy, urged public officials to find out why. Is it because of “fear of failing and disappointing their parents” or “the loneliness that comes with having to struggle on their own?”

After the suicide last year of Linhai Yu, a young Chinese foreign student in Richmond, China’s consul general for Vancouver also expressed worry about suicide among the 53,000 Chinese students in Metro Vancouver. “Incident rates among the group,” Xuan Zheng said, “have been quite high.”

The grim stories of foreign-student depression and suicide are pouring in from across Canada and the world. This fall, friends of an Indian student in Ontario blamed his self-inflicted death on Canada’s immigration department not granting him a work visa to stay longer. Similar stories from around the world show foreign students at higher risk of mental-health stress.

Given that B.C. has the most foreign students per capita in Canada — being home to more than 130,000 of the Canadian total of 500,000 — my senior editor suggested contacting the B.C. Coroners Service to put some numbers on how many international students have taken their lives.

We thought the information wouldn’t be difficult to determine, since the Coroners Service says it is a “fact-finding” agency responsible for investigating all “unnatural” and “sudden” deaths and making recommendations to “prevent death in similar circumstances.”

My first contact with the Service was in May. In the ensuing seven months, despite numerous communications, the service has failed to provide any information at all about suicide rates among international students. It has, however, offered a steady string of delays and excuses, mixed with large doses of obfuscation.

The B.C. Coroners Service either has no idea how many international students in B.C. have been committing suicide. Or it worries that being frank about it would be insensitive; politically, socially, educationally or psychologically. Perhaps its leadership team, with Lisa LaPointe as long-time chief, just doesn’t think the public has a right to know. We’re just guessing.

Meanwhile, a dire mental-health phenomenon continues to expand along with the unprecedented rise of international students, which politicians and educational administrators welcome for the billions of dollars they pour into local economies and educators’ salaries.

The suicide rate among all students in higher education has long been grave. A British report found university students were killing themselves at the rate of one every four days, the large majority being male.

But emotional stress is even more extreme on students coming in from other countries, according to Australian researchers, who are ahead of professionals in Canada in tracking the emotional difficulties they face with isolation, housing, language, education and immigration status.

Even though Australian coroners, consulates and universities were found to be suppressing details about overseas students’ deaths, the country’s federal government admitted earlier that 51 foreign students had died in one 12-month period. But it took outside investigators to point out that suicide was a key cause of the deaths.

One study in the Australian Journal of Psychology found that Chinese international students experienced significantly higher levels of stress than their Australian counterparts. Education Minister Simon Birmingham this year responded to pleas to better support international students by promising to release more detailed comparative data on their mental health.

Australian sociologist Helen Forbes-Mewett discovered some parents send their mentally unwell children overseas in the hope the health system in their host country is superior to that at home. But extra pressures and traditional cultural stigmas about mental illness, said the Monash University professor, typically compound foreign students’ vulnerability.

Forbes-Mewett says it is impossible to lay blame for foreign students’ mental health or elevated risk of suicide on any one agency. As she suggests, it’s “everyone’s problem.” But at the least more B.C. officials could follow the lead of Australia and release relevant data on suicide rates.

Otherwise the public is kept in the dark, and the private anguish of many overwhelmed international students will silently persist.

Source: Douglas Todd: B.C. coroner fails to release suicide data for international students

QS: des divisions autour du port de signes religieux

Not terribly surprising that the QS divisions reflect Quebec society at large. Will be interesting to see how and if resolved:

Des lignes de fracture sont apparues au grand jour dans les rangs de Québec solidaire (QS), samedi, alors que le parti s’apprête à redéfinir sa position sur la laïcité.

Des membres de partout au Québec sont réunis à Montréal depuis vendredi à l’occasion du Conseil national de la formation, le premier depuis les élections du 1er octobre. Le rassemblement vise à faire le point sur la campagne historique qui a mené à l’élection de 10 députés solidaires.

Mais en parallèle, les délégués entament une réflexion sur l’enjeu explosif de la laïcité. En mars, ils seront appelés à redéfinir la position du parti sur l’interdiction des signes religieux dans la fonction publique. Et déjà, les clivages étaient apparents samedi.

« Ça peut être très déchirant », a convenu Lise Boivin, coordinatrice du Collectif pour la laïcité de Québec solidaire.

Ce groupe milite pour une interdiction complète des signes religieux dans l’ensemble de la fonction publique, une position plus ferme encore que celle de la Coalition avenir Québec. Mme Boivin fait valoir que les employés de l’État ne peuvent afficher leur appartenance à un parti politique. Selon elle, il devrait en être de même pour la religion.

« La religion, c’est une idéologie aussi. On est libre d’adopter celle qu’on veut. Mais quand on est au service des citoyens, on ne devrait pas afficher notre appartenance religieuse. »

À l’autre bout du débat, on trouve l’ancienne candidate dans Mont-Royal-Outremont, Ève Torres. Cette musulmane féministe porte le voile. Elle souhaite que l’aile parlementaire du parti cesse de défendre le compromis Bouchard-Taylor, qui propose l’interdiction des signes religieux aux fonctionnaires en position de coercition comme les policiers, les juges et les gardiens de prison.

« Ce n’est pas ma position personnelle, a affirmé Mme Torres. Pour moi, il est évident, en tant que féministe, que personne très engagée pour la justice sociale, pour moi il n’y a pas de compromis possible parce que j’ai bien conscience de l’impact que ça a. »

Les tenants des deux positions ont disposé des tables dans le collège de Maisonneuve, où se tient le Conseil national. Ils distribuent des tracts aux membres, qui recevront demain un document de réflexion sur le sujet.

ÉCHANGE ET DISCUSSION

La co-porte-parole de QS Manon Massé ne craint pas que la laïcité sème la discorde au sein de ses troupes.

« Ce que ça démontre, c’est que QS n’est pas le parti dogmatique qu’on tend à vouloir dépeindre. Il y a de la vie, il y a de l’échange, il y a de la discussion. Ce n’est pas tout le monde qui pense pareil et c’est ce qu’on veut permettre avec le cahier de réflexion. »

Les députés interrogés samedi matin n’ont pas manifesté le désir de changer leur position sur le compromis Bouchard-Taylor.

« Moi, je suis à l’aise de défendre cette position en ce moment, a résumé la députée de Sherbrooke, Christine Labrie. Mais je trouve qu’effectivement, ça vaut la peine de se poser la question à savoir si c’est encore la meilleure position. »

« Ma position, c’est le compromis Bouchard-Taylor, a renchéri le député de Jean-Lesage, Sol Zanetti. C’est ça qu’on défend. Il est possible que ce soit maintenu, il est possible qu’on diffère. »

« SENSIBLE »

Émilise Lessard-Therrien, qui représente Rouyn-Noranda-Témiscamingue, s’est dite à l’aise avec la position actuelle du parti. Elle s’attend cependant à un débat vigoureux dans les rangs solidaires au cours des prochains mois.

« Possiblement que ça va être quelque chose de sensible, a-t-elle reconnu. Mais en même temps, on peut juste l’appréhender. On ne l’a pas vécu encore et ça va se passer au cours des prochains mois. »

Source: QS: des divisions autour du port de signes religieux

This Obama-Era Agency Is Trying to Speed Immigration Under Trump’s Nose

Interesting:

The Trump administration deployed military forces to block asylum seekers from crossing the southern U.S. border and is indefinitely detaining more than 14,000 migrant children, so it’s easy to overlook that missing paperwork is quietly threatening the legal status of hundreds of thousands of green card holders. The backlog of legal residents waiting for their renewal forms to be processed topped a record 700,000 at one point last year, and U.S. Citizenship and Immigration Services (USCIS) says that 34 of the 42 forms it handles now take longer to process than they did in 2016. To keep people from being accidentally deported while their renewals were pending, the agency started sending them little rectangular stickers with extended expiration dates to affix to their laminated green cards. When it ran out of stickers, it called Matt Cutts.

Cutts runs the U.S. Digital Service, an executive-branch agency created by President Barack Obama to salvage the botched healthcare.gov website and drag the feds into the digital age. He became the USDS’s second administrator on President Trump’s first day, taking over from a former Google colleague. Cutts’s staff of 170, a smattering of them drawn from Silicon Valley’s biggest companies, is credited with saving the U.S. Department of Veterans Affairs $100 million by streamlining its cloud computing systems, with editing language on the Veterans Administration’s benefits website to make sure it ranks high in Google searches, and even with building a radio-frequency jammer that disables enemy drones. Now the USDS is undertaking its biggest challenge yet: making immigrants’ lives easier without attracting Trump’s ire.

Cutts walks a fine line, stressing that his team is nonpartisan and focused on the Republican watchword “efficiency.” Asked about the administration’s now-suspended policy of separating migrant children from their parents at the border, Cutts demurs. “That’s more an issue of process and policies than technology,” he says, though he acknowledges that his team reads the news and discusses ways to help people. Some of his staffers are less diplomatic. “I don’t work for Trump,” says Liz Odar, who joined the agency in early 2016 from LivingSocial, the faded Groupon Inc. look-alike. “I work for the government, and I work for the American people.”

On immigration, the agency’s record is mixed. The USDS began working on the green card queue last year, noticing that the USCIS software classified routine issues such as a change of address just as seriously as, say, a green card holder being arrested. The team created a program to sift renewal applicants by risk category, feeding the change-of-address types into a faster lane. The digital service says the software has helped cut the overall USCIS backlog by about two-thirds.

Yet the reality on the ground hasn’t improved for everyone, says Denyse Sabagh, an immigration attorney at law firm Duane Morris LLP. “It seems like the agency is geared now to deny cases across the board,” she says, and it’s no clearer why her clients’ renewal requests are taking so long to process, with some basic cases that would once require a few days taking five months and complex ones taking years.

Things are worse for the 300,000 people still awaiting the asylum they asked for upon entering the U.S. Some have now been in the queue for five years, and it can take three years to even get an interview with a U.S. immigration official. The gridlock encourages people who know they’re unlikely to receive asylum to file claims simply to delay deportation, says USDS Executive Director Stephanie Neill, previously a product director at internet conglomerate IAC/InterActiveCorp. She and other staffers are testing a program that autofills most of the basic details in post-interview reports.

“With asylum, the challenge is that everyone gets an interview,” says Odar. “There’s no one quick fix.” The border blockade preventing more than 6,000 people from entering the U.S. will likely reduce the asylum backlog, but it’s too early to say by how much, according to USDS.

The USDS effort to overhaul citizen naturalization has gone poorly. The process seemed easy enough to improve: USCIS staff were still hand-checking details on each form, because the old program they were using couldn’t be trusted. (A find-and-replace command intended to delete answers that were “not applicable” instead deleted the letters “na” everywhere it found them, so Donna’s application became Don’s, for instance.) The USDS replacement, while less error-prone, was still unreliable and slow to load on its release this summer. “It was so bad the agency said, ‘Stop! Do not put any more applications into this brand-new system until you fix these problems,’ ” says Mark Lerner, who joined the digital service from Google in early 2016. Lerner is among the staffers testing a version to be rolled out in the next few months.

Government service was a tough sell in Silicon Valley even under the tech-friendly Obama administration, which landed many a departing top staffer at big-name companies. Cutts’s USDS has had to work harder to recruit top talent, with the administrator and others repeatedly touring Silicon Valley and a dozen other tech hubs to pitch the gig as a nonpartisan mission of public service.

Whatever his team can do can’t come soon enough, says Arzan Raimalwala, an Indian investment banker who’s lived in the U.S. on work visas for 15 of the past 16 years. Raimalwala’s 2015 green card application remains so deep in the USCIS queue that it won’t be evaluated until at least 2024, he says. He fears that further Trump crackdowns might cut off the supply of work visas, forcing him to sell his house and move his family, including his infant American daughter. “There was always that risk,” he says. “But it’s definitely more so under this administration.”

Source: This Obama-Era Agency Is Trying to Speed Immigration Under Trump’s Nose

Estonia’s Interior Ministry to not support bill allowing dual citizenship

Wonder what the potential impact will be on Canadians of Estonian ancestry:

The Estonian Interior Ministry is about to make a proposal to not support the bill that would allow dual citizenship for citizens of Estonia by birth when the government discusses the Reform Party bill on Thursday.

Interior Minister Andres Anvelt will make a proposal to the government to not support the draft legislation, as making amendments to the Citizenship Act require in-depth consideration and an analysis of impacts.

The Interior Ministry observed that the proposal to legalize multiple citizenship for people and groups of people who have obtained Estonian citizenship by birth will lead to unequal treatment. Likewise, the regulation of Estonian citizenship obtained through opting set out in the draft legislation will lead to unequal treatment.

In addition, in the provisions concerning stripping of a person of their citizenship the law should not distinguish between whether a person applied for citizenship under general rules or was granted it for special merit. It is possible also now to strip all persons who have not obtained their Estonian citizenship by birth of their citizenship by a decision of the government on certain grounds, the ministry said.

At the same time, the Interior Ministry finds the proposal to add to the Citizenship Act a provision enabling persons convicted of treason or the commission of a terrorist crime to be stripped of their citizenship to be justified and supports it.

The Estonian government is scheduled on Thursday to discuss a Reform Party bill that would allow dual citizenship to Estonian citizens by birth.

The Reform Party group initiated a similar bill also in spring this year, but saw it rejected by the government. Unlike that bill, the draft to be discussed by the government Thursday envisages also the possibility to strip a person of Estonian citizenship after a guilty verdict handed down on them for treason or a terrorist crime.

Source: Estonia’s Interior Ministry to not support bill allowing dual citizenship

Kurl: Quebec’s – and Canada’s – tolerance for religious symbols remains selective

Useful reminder:

As battle lines are drawn over the Coalition Avenir Quebec’s promised ban on public servants wearing religious garments or articles at work, it’s instructive to separate generalities from specifics.

When Quebecers are asked general questions such as “do you support a ban” on public employees in positions of authority wearing religious symbols at work, two-thirds say yes. But when asked specifically which symbols would be unacceptable for said public employees at work, it appears what they’re really saying is they support a ban on non-Judeo-Christian symbols.

This is a key distinction, because some observers take this majority support on the general question as a sign the province – and the rest of the country – is becoming more secular. Indeed, Quebec Premier François Legault himself wraps his plans in words such as “secularism” and “neutrality.” Public sentiment, however, is anything but “neutral.”

While most Quebec residents support the provincial government’s proposal overall, our polling data also show that majorities believe public employees should be allowed to wear a crucifix or a Star of David on the job (73 per cent and 68 per cent, respectively). Indeed, polling further indicates Quebecers are nearly twice as likely to want to see the crucifix in Quebec’s National Assembly stay put as to see it removed.

Quebecers aren’t alone in this thinking. Majorities in all other provinces are also more amenable to the display of Judeo-Christian symbols in the workplace. But where the province differs from the rest of the country is that while more than half say “non” to public servants wearing the Muslim hijab (57 per cent) and the Sikh turban (55 per cent), majorities in the rest of the country (between 70 and 80 per cent, depending on the province) have little issue with it.

These general opinion trends aren’t new. But Legault now represents the fourth premier (the CAQ the third governing political party) to try such a moratorium. Beyond legal challenges, there’s a reason his predecessors, while never explicitly abandoning the idea, also never quite got around to making it happen.

In a province where Catholic nuns have a centuries-old tradition in health care, is any political party in Quebec willing to apply its own ban evenly and tell them they can no longer provide comfort to hospital patients while in habit? In a province where the first Jewish synagogue was established in the 1760s, will this government politically survive telling a public school teacher to remove his kippah?

Meanwhile, it’s not like the rest of the country is completely tolerant of minority religious symbols. If there is something that “unifies” people across Canada, it is opposition to and discomfort with three specific articles of faith identified with the Sikh and Muslim religions. Regardless of where people live, most don’t think the burqa and the niqab – worn by some Muslim women – or the kirpan, the ceremonial dagger worn by some Orthodox Sikhs, should be worn by public servants in their own provinces.

Many would use these general opinions towards a religious symbol ban as evidence Canada is becoming more hostile to religion. But in fact, more people are inclined to see the general role and contributions of religious and faith groups to Canadian society as good than bad. Instead, the sobering reality is this hostility is reserved for some garments and symbols associated with specific religions.

In a country that often prides itself on acceptance of different cultures and ways of life, this can seem depressing. But a silver lining could exist in the views of the next generation. Times change. Nearly three decades ago, this country was gripped by a divisive debate over whether turbaned Sikhs should be able to serve in the RCMP and armed forces. Today that debate is over. And today, it is younger people – both in and outside Quebec – who are more permissive towards all articles of faith being worn in public workplaces. For more than a decade, a province and a country has exhausted itself talking about these issues. Maybe, a generation from now, the debate will be over.

Source: Kurl: Quebec’s – and Canada’s – tolerance for religious symbols remains selective

What The Ebbs And Flows Of The KKK Can Tell Us About White Supremacy Today

Good long and informative interview with Kathleen Blee:

As long as the United States has existed, there’s been some version of white supremacy. But over the centuries, the way white supremacy manifests has changed with the times. This includes multiple iterations of the infamous Ku Klux Klan.

According to the sociologist Kathleen Blee, the Klan first surfaced in large numbers in the 1860s in the aftermath of the Civil War, then again in the 1920s, and yet again during the civil rights era.

Blee is a professor and dean at the University of Pittsburgh, and the author of Inside Organized Racism: Women in the Hate Movement, as well as Understanding Racist Activism: Theory, Methods and Research. She says the anonymity allowed by the internet makes it difficult to track just how much white supremacist activity we’re seeing today.

But despite this difficulty, she and other experts say there’s been an indisputable uptick in hate crimes — and an overall rise in white supremacist violence: Earlier this fall, a gunman shot and killed 11 worshipers at a Pittsburgh synagogue. In 2017, a clash with protesters at the Unite The Right rally in Charlottesville, Va., left one woman dead. In 2015, the shooting at the Mother Emanuel AME church in Charleston, S.C., killed nine black churchgoers. And in 2012, a rampage at the Sikh Temple of Wisconsin in Oak Creek, Wisc., killed six people.

As we consider this spate of racist attacks, we thought it’d be helpful to talk to Blee about the ebbs and flows of white supremacy in the United States — and what, exactly, those past waves say about today’s political climate.

Our conversation has been condensed and edited for clarity.


First, can we talk about the various phases of white supremacy in the U.S. throughout history — and what caused those ebbs and flows?

The 20th to 21st century Klan actually formed after the Civil War, during the Reconstruction period. Then it was entirely contained within the South, mostly in the rural South. It [was] all men. There were violent attacks on people who were engaged, or [wanted] to be engaged, in the Reconstruction state, [including] freed blacks, southern reconstructionists, politicians and northerners who move to the South. That collapses for a variety of reasons in the 1870s.

Then, the Klan is reborn in the teens, but becomes really big in the early 1920s. And that is the second Klan. That is probably the biggest organized outburst of white supremacy in American history, encompassing millions of members or more. … And that’s not in the South, [it’s] primarily in the North. It’s not marginal. It runs people for office. It has a middle class base. They have an electoral campaign. They are very active in the communities. And they have women’s Klans, who are very active and very effective in some of the communities. That dissolves into mostly scandals around the late ’20s.

Then there’s some fascist activity around the wars — pro-German, some Nazi activity in the United States — not sizable, but obviously extremely troubling.

The Klan and white supremacy reemerge in a bigger and more organized way around the desegregation and civil rights movement — again, mostly in the South, and back to that Southern model: vicious, violent, defensive, Jim Crow and white rights in the South.

And then it kind of ebbs. After a while, it kind of comes back again in the late ’80s and the early 21st Century as another era. And then there’s kind of a network of white supremacism that encompasses the Klan, which is more peripheral by this time. Also Neo-Nazi influence is coming as white power skinheads, racist music, and also neo-Nazi groups. The Klans tend to be super nationalist, but these neo-Nazi groups have a big international agenda.

Then the last wave is where we are now, which is the Internet appears. The movement has been in every other era as movement of people in physical space like in meetings, rallies, protests and demonstrations and so forth. It becomes primarily a virtual world, and as you can see, has its own consequences — many consequences. It’s much harder to track. And then there are these blurred lines between all these various groups that get jumbled together as the alt-right and people who come from the more traditional neo-Nazi world. We’re in a very different world now.

That’s a long history. You mentioned that, for a variety of reasons, the Klan in the Reconstruction era collapsed. What are some of the factors that contributed to that?

I would say two things that mostly contributed to that ebb over time.

One is the white supremacist world, writ large, is very prone to very serious infighting. Internal schisms are quite profound in collapsing white supremacists, even as an entire movement, over time.

What’s that infighting look like? How racist to be?

No, no. It’s almost always power and money. So, for example, the ’20s Klan — I say “Klan” but in every era there were multiple Klans, they all have different names, they all have different leaders — they are trying to extract money from their groups, and they are all fighting about money …. and then over power, and who controls the power, because white supremacy groups don’t elect their leaders right away. To be a leader just means to grab power and control. So there’s a lot of contention in these groups of control.

It’s not ideas. Ideas aren’t that central. They have these certain key ideas that they promulgated — race and anti-Semitic ideas — but the fine points of ideological discussion don’t really occur that much in white supremacist groups, nor do they get people that agitated. It’s not like in other kinds of groups, where people might have various versions of ideas, versions of ideologies. [The Klan] just have kind of core beliefs. But they do tend to fight over ideas for money, power and access to the media.

So that’s the fighting. The other thing is, in different waves of history, there are prosecutions, either by the police or civil prosecutions that collapse groups and movements. Sometimes, there’s kind of a blind eye to white supremacist organizing, but at other times there is really successful either civil or state prosecutions of these groups that do debilitate them.

How does the longevity of white supremacy or these [hate] groups coincide with who has political power?

It’s very hard to create a generalization here. Certain groups, like the Klan, tend to rise and fall based on the threats to who is in power. The 1870s Klan [was] based on the Southern racial state formed during slavery being threatened by Reconstruction. In the 1920s, the idea was that political power [was] being threatened by this wave of immigrants. The 1920s Klan [was] very anti-Catholic, as well as racist and anti-Semitic. Part of this anti-Catholicism [was] based on the idea that Catholics were going to start controlling politics as well as the police.

There’s some really good analysis by some sociologists that showed that the Klan appeared in counties where there was the least racist enforcement of the law. Because in counties where the sheriff and the county government was enforcing racist laws, there was no need for the Klan.

How does this apply to this more recent wave of white supremacy?

Right now, we have an extremely heterogeneous group that we might call white supremacists. So some of them, probably the smallest group, are nationalistic. And probably the larger group are not particularly nationalistic. This is why it’s hard to make generalizations. It’s not the case that nationalist fervor just finds itself in the white supremacist movement. The person accused of the shooting in Pittsburgh is an example. If you look at [his] writings, they’re not nationalistic, they’re in fact anti-nationalistic. And that’s pretty common with white supremacy today — some of them have this sense that their mission is this pan-Aryan mission. They’re fighting global threats to whites and creating a white international defense. So that’s not a nationalist project, that’s an internationalist project.

And the other reason is there’s this idea among white supremacists in the United States that the national government is ZOG — Zionist Occupation Government — and that’s a shorthand way of saying that the national government is secretly controlled by an invisible Jewish cabal. So some of them will be amenable to very local government … they’ll embrace, and work with, and even try to seize control of the government at the county level. But generally, national politics are quite anametha for those two general reasons.

In the 1920s, synagogues were targeted by the KKK. Can you run through other examples of violence like this?

People will say the ’20s Klan was not as violent as other Klans. But that’s really because its violence took a different form. So there, the threat that the Klan manufactured was the threat of being swapped — all the positions of society being taken by the others — so immigrants, Catholics, Jews and so forth. So the violence was things like, for example, I studied deeply the state of Indiana where the Klan was very strong — pushing Catholics school teachers out of their jobs in public schools and getting them fired, running Jewish merchants out of town, creating boycott campaigns, whispering campaigns about somebody’s business that would cause it to collapse. So it’s a different kind of violence but it’s really targeted as expelling from the communities those who are different than the white, native-born Protestants who were the members of the Klan. So it takes different forms in different times. It’s not always the violence that we think about now, like shootings.

When did we start seeing the violence that we see today?

Well, the violence that we see today is not that dissimilar from the violence of the Klan in the ’50s and ’60s, where there was, kind of, the violence of terrorism. So there’s two kinds of violence in white supremacy. There’s the “go out and beat up people on the street” violence — that’s kind of the skinhead violence. And then there’s the sort of strategic violence. You know, the violence that’s really meant to send a message to a big audience, so that the message is dispersed and the victims are way beyond the people who are actually injured.

You see that in the ’50s, ’60s in the South, and you see it now.

I was wondering if we could kind of talk a little bit about the language we use when we talk about mass killings that are related to race, religion or ethnicity — especially about the second type of violence, “strategic violence,” that you describe. I’ve seen people use the phrase “domestic terrorism.” What do you make of that phrase?

Terrorism means violence that’s committed to further a political or ideological or social goal. By that definition, almost all white supremacist violence is domestic terrorism, because it’s trying to send a message, right? Then there’s that political issue about what should be legally considered domestic terrorism, and what should be considered terrorism. And that’s just an argument of politics, that’s not really an argument about definitions right now.

How these things get coded by states and federal governments is quite variable depending on who’s defining categories. But from the researcher point of view, these are terrorist acts because they are meant to send a message. That is the definition of terrorism. So it’s not just, you don’t bomb a synagogue or shoot people in a black church just because you’re trying to send a message to those victims or even to those victims and their immediate family. It’s meant to be a much broader message, and really that’s the definition of terrorism.

I think what we don’t want is for all acts of white supremacist violence to be thought of as just the product of somebody who has a troubled psyche. Because that just leaves out the whole picture of why they focus on certain social groups for one thing. [And] why they take this kind of mass horrific feature … so I think to really understand the tie between white supremacism and the acts of violence that come out of white supremacism, it’s important to think about that bigger message that was intended to be sent.

What are the most effective strategies to combat these ideas of white supremacy, or this violence?

I’d say the most effective strategy is to educate people about it, because it really thrives on being hidden and appearing to be something other than it is. I mean, millions of white supremacist groups have often targeted young people, and they do so often in a way that’s not clear to the young person that these are white supremacists, they appear to be just your friends and your new social life, like people on the edges who seem exciting. … And so helping people understand how white supremacists operate in high schools, and the military, and all kinds of sectors of society gives people the resources the understanding to not be pulled into those kinds of worlds.

Twenty years, or even 10 years ago, I would have said it’s really effective to sue these groups and bring them down financially, which was what the Southern Poverty Law Center was doing.

[Now,] they don’t have property; they operate in a virtual space. So the strategies of combating racial extremism have to change with the changing nature of it.

Source: What The Ebbs And Flows Of The KKK Can Tell Us About White Supremacy Today