‘State of shock’: As Canada ramps up immigration, unsuspecting …

Of note, the reality vs the promise:

A year after hearing “welcome home” for the first time at the Canadian border, Shahzad Gidwani found himself questioning whether he and his wife made the right decision to start a new life here.

The timing wasn’t ideal, arriving in Toronto from India with their son just as the pandemic began sweeping the globe. Yet the 53-year-old held high hopes for his family’s future. He was bringing with him decades of international work experience in sales and marketing, and a master’s degree in business from the U.S.

But as inflation crept toward a 40-year high, eating away at the family’s savings, panic began to set in. Gidwani struggled to secure a permanent job with a living wage because employers didn’t want to hire someone without Canadian experience.

“We hadn’t prepared for inflation,” Gidwani said. He estimated they were spending nearly $6,000 a month on rent, furniture, food and basic necessities when they were first settling in. “We were in a state of shock.”

“We thought about whether we’d made the right decision because we were burning through money. What you spend here in one month would last you nine months back in India,” Gidwani said.

Many newcomers like Gidwani come to Canada dreaming of a better life, but lately they have found themselves pummelled by the highest inflation rate in four decades, unable to afford adequate housing, food and basic necessities. And as the federal government responds to historic labour shortages by ramping up immigration — targeting an unprecedented 1.5 million immigrants over the next three years and issuing work permits to non-Canadians at record highs — newcomers are arriving only to find mostly low-skill, low-paying jobs available to them.

Many Canadians are feeling the strain of exorbitant living costs, but those struggles can be more acute for recent immigrants and those trying to secure permanent residence. Newcomers can face discrimination and precarious work conditions while scrambling to fulfil convoluted immigration requirements. According to a recent RBC report, they earn less than the general population and are more likely to reside in inadequate housing.

“Because of competition and favouritism and racism, the Canadian dream of working your way up after you get here often doesn’t happen,” said Jim Stanford, economist and director of think tank Centre for Future Work.

Source: ‘State of shock’: As Canada ramps up immigration, unsuspecting …

Border crossings from Canada into New York, Vermont and N.H. are up tenfold. Local cops want help.

More on the southern flow at the border:

On the snowy border between New York and Canada, the local sheriff’s office is calling for the U.S. Border Patrol to put more manpower behind what the locals call a growing crisis: The number of illegal border crossings in the area over the last five months is nearly 10 times what it was over the same time last year, and the border crossers are in danger of freezing to death.

From Oct. 1 to Feb. 28, about 2,000 migrants crossed the border between Canada and New Hampshire, Vermont and New York south through the forests, compared to just 200 crossings in the same period the previous year.

The migrants are mainly from Mexico, and they can travel to Canada without visas before they cross illegally into the U.S., often to reunite with their families.

Last weekend, Clinton County, New York, Sheriff David Favro’s team assisted Border Patrol in rescuing 39 migrants, some whose clothes had frozen to their bodies.

“We are seeing more and more people, and it can be a deadly terrain if you’re not familiar with it,” Favro said.

He said responding to rescues like that has taxed the resources of his department, already stretched thin to cover the residents of his rural county, population 80,000, which shares about 30 miles of border with the Canadian province of Quebec.

“The only way to really be able to cover and protect [the northern border] is boots on the ground,” Favro said.

Just last week, Customs and Border Protection added 25 agents to the area, the Swanton Sector, to deter migration. But Favro and other locals who spoke to NBC News in Mooers, New York, said that’s not enough.

Mooers Fire Chief Todd Gumlaw said he recently helped rescue two Mexican women stuck in an icy swamp in the middle of the night. Gumlaw, along with Border Patrol, local police and EMS workers, was able to render first aid and get the women to a hospital to be treated for frostbite and mild hypothermia after they lost their shoes in the swamp, he said. “Preservation of human life is first and foremost with my department. We put [immigration status] to the back of our mind,” Gumlaw said.

The Mooers/Champlain region is a clump of small blue-collar residences and farms, where, according to locals, “everyone knows everyone” and properties can be several blocks apart, adding a sense of unease among some of the locals witnessing the mass migration in the region.

According to local first responders, southbound migrants often seek shelter in empty sheds and barns to shield themselves from the cold.

April Barcomb, a Mooers resident, said she has had migrants show up at her doorstep and is now saving up for security cameras.

“It’s not something I would usually do,” she said. “But it makes me think twice. And with the kids and the family, I gotta install cameras.”

While most locals who spoke to NBC News said they understood that most migrants crossing the region aren’t threats, neighbors are keeping their eyes open for unusual activity.

“People are scared,” a Champlain County resident said. “It’s the fear of the unknown. They’re [neighbors] worried about their safety, because they don’t know these people.”

Most of the migrants are Mexicans, who are frequently blocked from crossing the southern U.S. border and believe they will have an easier time if they fly to Canada and then cross into the U.S. from the north.

According to a CBP spokesperson, the Swanton Sector has been the site of more than 67% of all migrant crossings at the northern border across all eight sectors through February.

Unlike the southern border, where over 16,000 Border Patrol agents are responsible for staffing roughly 2,000 miles, about 2,000 border agents patrol the 5,000-mile border between the U.S. and Canada, which includes Alaska’s land boundaries, making it the longest international land border in the world.

New Hampshire Gov. Chris Sununu, a Republican, asked Homeland Security Secretary Alejandro Mayorkas in a letter Tuesday to step up enforcement along his state’s 51-mile border with Canada or allow his police forces more authority to do so.

“Over the last few months, the State of New Hampshire has attempted to assist the federal government in securing our northern border. These offers of assistance have been repeatedly rejected. The Biden administration has cut funding and hindered the state’s ability to assist in patrolling the northern border,” Sununu said.

A spokesperson for CBP said the additional agents who were just sent to the Swanton Sector will help deter migration.

Source: Border crossings from Canada into New York, Vermont and N.H. are up tenfold. Local cops want help.

Citizenship oath at the click of a mouse would cheapen tradition, Tory critic

Nice to see the opposition raising the issue as this change requires a political discussion. Sent my Canada Gazette submission to both the Conservatives and NDP, with no reaction from the NDP to date.

Hard to take Minister Fraser’s assertion that “they will still have an opportunity to participate in an IRCC-organized citizenship ceremony shortly after they complete their citizenship” seriously when the main rationale is to reduce the number of ceremonies to save a minuscule portion of the cost of the citizenship program. The inclusion arguments are more of a smokescreen than substantive.

Clearly Minister Fraser doesn’t understand and appreciate how powerful the ceremonies are to new Canadians (and many existing Canadians) in terms of meaningfulness and sense of belongin:

The Conservative immigration critic says a proposal to allow people to become a Canadian citizen with the click of a mouse “cheapens” an otherwise special moment for newcomers.

Citizenship by click is not citizenship,” said Calgary MP Tom Kmiec.

They’re really cheapening citizenship purely for political motivation, to reduce their backlogs.”

The federal government is seeking feedback on a plan to let people take the Oath of Citizenship online, rather than attend an officiated ceremony.

Immigration Minister Sean Fraser first floated the idea in January 2022 as a way to speed up processing times, which would have someone “self-administer a digital oath by signed attestation, and celebrate their citizenship at a later date.”

Yet the proposal published in the Canada Gazette late last month would instead allow someone to skip the ceremony entirely.

Fraser did not specify why the proposal had changed, nor who came up with the idea. But he said COVID-19 created a backlog that even virtual ceremonies can’t quickly clear.

“For those people who choose to do an online self-attestation, they will still have an opportunity to participate in an IRCC-organized citizenship ceremony shortly after they complete their citizenship,” Fraser said on Friday, in his first public comments on the proposed regulatory change.

Fraser added that those who have waited years for citizenship would be able to take their oath faster under that process, and he rejected claims it would cheapen the moment.

Kmiec said the ceremonies are a big deal for people like him who were not born Canadian. Kmiec, who immigrated from Poland, still recalls taking his oath in 1989, and said the tradition shouldn’t be diminished as a way to deal with an administrative backlog.

“These are very low-cost events; these are mostly retired civil servants, serving judges and ex-judges who do the actual ceremony,” he said.

“The way they’ve done this tells me that they’re embarrassed by it, because I’d be embarrassed by it too.”

Kmiec argued the backlog stems from Liberal incompetence in administering programs, rather than the pandemic. He is also critical of the lag after newcomers they take the oath, at which point they relinquish their permanent-residence card and await their citizenship certificate in the mail, which can be used to apply for a passport.

“There are some process changes they could do to actually make people’s lives easier,” he said.

In any case, Canada’s former director-general of citizenship and multiculturalism, Andrew Griffith, said the department should have issued a press release about the proposed change instead of “trying to slip it by.”

Griffith retired after a career with Immigration, Refugees and Citizenship and Canada’s foreign service, and said the phrasing in the regulatory proposal and the lack of public-opinion research suggests it’s aimed at reducing costs rather than making things more convenient for applicants.

“It’s driven by the desire to reduce, if not eliminate, ceremonies, virtual or physical. And it’s pretty explicit,” he said.

“One gets the impression as a former bureaucrat that maybe the officials who had to draft the stuff weren’t really that keen.”

Griffith noted that the 1946 Citizenship Act explicitly called for ceremonies that instil the responsibilities and privileges of citizenship, as Canada carved out an identity separate from Britain following the Second World War.

“It’s really an abuse of the process, because it goes against the grain of what the Citizenship Act was designed to do,” he argued. “It really goes against one of the fundamental objectives of citizenship.”

The comment period on the proposed change closes on March 27.

If approved, the changes to the citizenship regulations would come into effect at early as June, at a cost of about $5 million.

Source: Citizenship oath at the click of a mouse would cheapen tradition …,

Un serment de citoyenneté en ligne déprécierait le rituel, soutient l’opposition

Cohen: The unspeakable silence of the Canadian Jewish establishment

Of note:

In its 75 years of nationhood, Israel has lived under a regime of unrelenting threat. Challenges to its security, unity and prosperity are as old as the country itself. Whatever the danger – invasion, war, terrorism, intifadas, boycotts, sanctions – it has come from beyond Israel’s borders.

No longer. The forces convulsing Israel over the past 10 weeks are made in Israel. They come from citizens protesting a religious, revolutionary government that wants to make the judiciary less independent, weakening the checks and balances that have protected minority rights. If Israel is in upheaval today, blame not marauding infidels, foreign armies or fifth columnists. Blame Israelis.

Oh, the irony. The power of its military, diplomacy and economy ensures Israel dominates the neighbourhood. As political scientist Steven A. Cook has noted, Israel has broadened relations with regional partners while ensuring Israel’s armed forces, brandishing nuclear weapons, are matchless. There is a mortal threat from Iran, yes. But Israel is less vulnerable than it was during the wars of 1948, 1956, 1967 and 1973, or any other time. “Israel is in a better strategic position than ever,” Mr. Cook argues. “And its sovereignty is beyond question.”

At home, though, Israel is roiling with insurrection. Its soul is under siege. Ehud Barak, the former prime minister, calls for “civil disobedience” if the new government passes its agenda; he says Benjamin Netanyahu’s right-wing coalition is using “the tools of democracy in order to destroy [Israel] from within.” From afar, the Jewish diaspora watches this unravelling with a mix of acquiescence, incredulity, resignation, helplessness, fear and anger.

Among Canada’s 400,000 or so Jews, the response is muted. Some have voiced their opposition to Mr. Netanyahu’s plans through the campaigns of progressive Jewish organizations. From more centrist Jewish groups: silence.

It has come to this: In Israel’s hour of crisis, as thousands fill the streets, protesting the assault on democracy and human rights, mainstream Jews in Canada are unseen and unheard. They have been orphaned by timid, tepid leadership out of step with their views. This is the unspeakable silence of the Canadian Jewish establishment.

The emblem of that establishment is the Centre for Israel and Jewish Affairs (CIJA). It calls itself the “advocacy agent” of the Jewish Federations of Canada, an umbrella of organizations providing social services and advancing Jewish interests.

CIJA initially called itself “the exclusive agent” of Canadian Jews. Now, more modestly, it “represents the diverse perspectives of more than 150,000 Jewish Canadians affiliated with their local Jewish Federation.” That claim is dubious. Is every one of these 150,000 individuals “affiliated” with a federation (presumably as donors or volunteers) duly represented by CIJA? How does CIJA know? And even if all were aligned with CIJA, this would still represent less than half of Canadian Jewry, suggesting that CIJA – for all its hopes and boasts – is far less relevant than it admits.

Then again, CIJA has overstated its stature since it was created in 2011, when it absorbed the Canadian Jewish Congress (CJC) and the Canada-Israel Committee. Discarding its “legacy name” like day-old bagels, CIJA dropped “Canadian” and added “Israel.” It insisted its restructuring had “the overwhelmingly support of the community.” Not necessarily. Bernie Farber, who was at Congress (as it was called) for most of his long, distinguished career in Jewish advocacy, calls it a hostile takeover of what was known as “the parliament of Canadian Jewry.”

For many Canadian Jews, the end of Congress was an affront, reflecting the agenda of wealthy Jews sympathetic to Stephen Harper’s Conservatives. For me, it was a loss. Congress was founded by my great uncle, Lyon Cohen, among others, in 1919. He was president until 1934, supported by my grandfather, Abraham Zebulon Cohen. Although at first the CJC did little beyond establishing the Jewish Immigrant Aid Society, Congress eventually became a spirited democratic voice led by prominent Jews in business, law, the clergy and the academy. Among them were Samuel Bronfman, Gunther Plaut, Reuven Bulka, Irving Abella, Dorothy Reitman and Irwin Cotler.

Prof. Abella, the late eminent historian, called it “a unique organization” with “no parallel anywhere else in the Jewish world.” It was a forum “where all the problems of Canadian Jewry could be debated,” including human rights, equity, immigration, free speech, social justice and interfaith dialogue. “No one doubted that when the CJC spoke, it spoke on behalf of all Canadian Jewry,” he said.

Today no one believes CIJA speaks for Canadian Jewry. It is not a parliament. Its officers are unelected. Its annual budget is secret. It is evasive (after pleasantly acknowledging my queries, none were answered.) The organization does admirable things, such as fighting antisemitism. It also champions Israel, about which, let it be said, its chief executive officer, Shimon Fogel, cannot utter a discouraging word.

Scour CIJA’s Twitter account, its news releases and Mr. Fogel’s interviews, and it’s hard to find a single criticism of the Netanyahu government (except, recently discovering intestinal fortitude, it denounced Israel’s hateful Finance Minister for urging the eradication of a Palestinian village.) CIJA presumably believes its subtlety and caution serves the community, whose views on the unrest in Israel have been unclear.

Now, though, we know more. A comprehensive poll by EKOS Research Associates finds that Canadian Jews overwhelmingly oppose changes to Israel’s high court and other proposed measures, such as banning gay pride parades and imposing gender segregation in public spaces. That is just one poll, commissioned by JSpaceCanada and the New Israel Fund of Canada (NIFC). Still, it provides “a fair baseline representation of Jewish community perspectives in issues of vital importance,” says Robert Brym, a sociologist at the University of Toronto who oversaw the survey.

If this is a correct reading of Jewish attitudes, CIJA is ignoring them, even as Mr. Fogel insists otherwise. “While marginal groups may heckle from the sidelines,” he told the Canadian Jewish News, “in fact, CIJA not only has the access but has used its privileged position to meet with senior Israeli leadership” in and out of government. Those recent meetings were preceded by other private interventions, he reported.

Mr. Fogel, who lacks the influence of the luminaries who ran Congress, suggests his quiet diplomacy is more effective than public pressure. His scorn for other Jewish voices – heckling from the sidelines – reflects an erosion of civility within the community. Relations are so fraught that CIJA has threatened, in writing, to sue the NIFC and JSpaceCanada for attributing statements to Mr. Fogel that he denies are his.

Mr. Farber, who was CEO of the CJC, says this level of rancour is unprecedented in Canada. “There were always differences, sometimes prickly, but it was always ‘Macy’s versus Gimbels.’ It was always kept within the community. There was an unwritten rule that we ought not air our dirty laundry in public. We kept things unzera, in Yiddish, ‘among ourselves.’”

Then, again, it’s understandable that some Jews are reluctant to speak out, even though Jews are acutely sensitive to injustice and have historically protested it everywhere, notably as leading participants in the U.S. civil rights movement. They were raised to revere Israel and to remember the Holocaust. They don’t want to give ammunition to antisemites. The rabbi of my synagogue, who presides over a large, conservative congregation, says that were he an Israeli, he would join the protests. From his pulpit, though, he argues Israel is “a liberal democracy” that will get by without his advice.

There are other explanations for this reticence. It may be our character, which is less assertive than Americans, Australians and Britons. It may be that shutting up is the price of access, be it in Ottawa (which has been less critical of Israel than other governments) or Jerusalem. It may be the absence of a lively Jewish press as a forum for liberal Zionist voices.

And what good, skeptics might ask, is rushing to the ramparts anyway? Do we think Jerusalem really cares? Actually, Mr. Netanyahu might listen to the diaspora and foreign governments, if they made enough noise – and some threats, too. Meanwhile, he pushes his illiberal project forward because he can.

It isn’t that there are no critics among prominent Canadian Jews. Former Supreme Court Justice Rosalie Abella has warned of the dangers to the independence of Israel’s judiciary. So has Mr. Cotler among about 175 jurists who have signed a petition. The NIFC and JSpaceCanada are rallying opposition and raising public awareness, vigorously and effectively, as are Canadian Friends of Peace Now. To them, CIJA and its silent partners are marginal while they are mainstream, and this is no time for nuance.

But where are other Jews – entrepreneurs, doctors, artists, professors? Where are the philanthropists declaring their alarm, as Charles Bronfman, the Canadian co-founder of Birthright, and other Jewish billionaires and foundations have in the U.S.? Where are rabbis as passionate as Micah Streiffer of Toronto, who says it is our obligation to speak up when Israel abandons basic values, a response that is the real expression “of our love”?

In 1965, a young Elie Wiesel visited the Soviet Union to observe the life of its three million Jews. That produced his haunting cri de coeurThe Jews of Silence. Curiously, he confessed that he was less concerned about Soviet Jews than the detachment of his American co-religionists, a lament that has an eerie contemporary resonance amid Israel’s moral crisis.

“What torments me most is not the silence of the Jews I met in Russia,” he wrote, “but the silence of the Jews I live among today.”

Andrew Cohen is a journalist and professor of journalism at Carleton University. His most recent book is Two Days in June: John F. Kennedy and the 48 Hours That Made History.

Source: Cohen: The unspeakable silence of the Canadian Jewish establishment

‘Too much, too quickly’: economists warn of Liberal ‘pro-business’ immigration policy

Great counterpoint to the simplistic and misguided arguments of the government and immigration arguments in favour of the current high levels, with Mikal Stuterud, Chris Worswick and David Green being cited extensively:

The Liberal government’s move to admit record numbers of immigrants to fill a purported “labour shortage” has prompted warnings from economists with years of experience studying immigration to Canada.

The government is selling the policy change as a way to boost economic growth and “help businesses find workers.”

But there’s no evidence, the economists said, that the plan to eventually accept a half million new residents per year will benefit the average Canadian resident—though it might help businesses looking for low-cost labour.

The higher immigration targets—along with a growth in the use of temporary foreign workers and working international students under the Liberal government—have the potential to push down wages for the lowest-paid workers in the country, many of whom are recent immigrants or refugees, they said.

Source: ‘Too much, too quickly’: economists warn of Liberal ‘pro-business’ immigration policy

Ontario colleges move to protect international students, before and after they come to Canada

Needed, but the whole system incentivizes recruitment and the funding that provides to public and private institutions and any consultants involved:

In the face of growing concerns about the treatment of international students in this country, publicly funded colleges in Ontario are bringing in a new set of rules meant to protect those coming from abroad to study.

The rules will apply to, among other things, the information and marketing given to prospective students and the training of those recruiting them.

The new standards come as international students have increasingly raised concerns over the Canadian education they’re being sold and the hard financial and employment realities they find upon arriving here.

“There was a real need for greater clarity in the information we give them at the start of the process, when they’re with us and when they leave and have to navigate work permits and all that sort of thing,” Linda Franklin, president and CEO of Colleges Ontario, told the Star.

“The motivating factor for us is making sure that our international students are well taken care of.”

The 12-page standards of practice for international education cover different areas — from program marketing and admission; to requiring recruiters to complete a recognized training program; to comprehensive orientation and post-graduation services to assist international students’ settlement.

According to the Canadian Bureau for International Education, there were 807,750 international students in Canada at all levels of study last year, up 43 per cent from five years ago. Indian students accounted for 40 per cent of the overall international enrolment, followed by Chinese students, at 12 per cent.

More than half of those international students study in Ontario and an increasing number are enrolled in provincial colleges, because their programs are generally cheaper and shorter than universities, which let the students obtain work permits — and potentially permanent residence — sooner.

A provincial government audit found international students represented 30 per cent of the total student enrolment of Ontario’s public colleges and that their tuition fees amounted to $1.7 billion and 68 per cent of Ontario public colleges’ total tuition fee revenue in 2020.

Twenty-three of the 24 members of Colleges Ontario have signed on to begin the compliance process immediately. All are expected to be compliant with the standards by June 2024 through a review process. Seneca College did not sign on because it’s going to put out something similar for both its domestic and international students, said Franklin.

There had been no rules to guide the sector in serving international students. The new protocols help set minimum industry standards and tougher enforcement guidelines.

“Some colleges are doing some things better or differently than others. It would be important to standardize that so international students had a really clear sense of what the offering was when they came to Ontario, no matter which door they chose to walk through,” Franklin said.

As the international student population grew, she said, it started to attract some unscrupulous recruitment agents who have provided misleading information to prospective students.

“So if they were being directed into programs that didn’t have as clear a labour market outcome as they wanted, that’s a problem. And it’s a problem for Ontario’s economy as well,” Franklin said. “One of the things we wanted to be sure of (was) our agents were well trained as they were representing us on the ground in India particularly, but in every other country that we operate in that students were getting clarity around the offering.”

Colleges that signed on to the standards are required to ensure their marketing materials are consistent with the law and not misleading, including “not guaranteeing any academic, immigration or employment outcome,” to help students make informed choices.

Administrators must provide accurate information about student responsibilities and student life in Ontario, including the types and cost of accommodation and work opportunities while monitoring the performance of their recruitment agents.

Under the new rules, orientation and welcoming initiatives are to be offered to international students both prior to and following arrival, including information about housing and residence options; health, safety and mental well-being; learning assistance resources; immigration pathways and processes; and post-graduation support.

An institution is required to terminate contracts with any education agent who has been involved in any “serious, deliberate or ongoing conduct that is false, misleading, deceptive or in breach of the law,” the guidelines said.

These standards also extend to private colleges in so-called Public-Private College Partnerships, or PPP, where taxpayer-funded colleges provide curriculum at a fee to private career colleges, which hire their own instructors to deliver the academic programs. Graduates from the for-profit private colleges then get a public college credential.

As of June 2021, 11 of the 24 Ontario public colleges were partnered with 12 for-profit private career colleges, with a total of more than 24,000 international students enrolled under these arrangements — up from 14,698 in 2018.

The 2021 provincial audit found that some of these partnerships did not uphold enrolment requirements and that their quality assurance and student support processes could be strengthened.

Franklin said it’s important that the private partners are part of the process and being held accountable to ensure international students are welcomed and their interests are protected and well looked after.

“There’s a lot of value propositions right now for international students to choose Canada, and we would never want to put any of that at risk by suggesting to them that we are less than any of those things,” she said.

“Our brand in the world and the continuation of our standing as a safe, welcoming, great place to be is at stake in all of this. We’re very mindful of that.”

The new rules will be incorporated this summer into the existing audit for compliance by the Ontario College Quality Assurance Services, an oversight body of credential validations and quality standards within the sector.

Source: Ontario colleges move to protect international students, before and after they come to Canada

Ottawa says Human Rights Commission discriminated against its Black and racialized employees

Embarrassing, to say the least:

The federal government says the Canadian Human Rights Commission discriminated against its own Black and racialized employees.

The Canadian government’s human resources arm, the Treasury Board of Canada Secretariat (TBCS), came to that conclusion after nine employees filed a policy grievance through their unions in October 2020. Their grievance alleged that “Black and racialized employees at the CHRC (Canadian Human Rights Commission) face systemic anti-Black racism, sexism and systemic discrimination.”

“I declare that the CHRC has breached the ‘No Discrimination’ clause of the law practitioners collective agreement,” said Carole Bidal, an associate assistant deputy minister at TBCS, in her official ruling on the grievance.

Source: Ottawa says Human Rights Commission discriminated against its Black and racialized employees

Record-breaking number of immigration cases went through Federal Court in 2022

Result of processing times and backlogs, gumming up the system further:

Canada’s Federal Court saw more new immigration proceedings in 2022 than any of the past 30 years, which some lawyers say is a sign of an overburdened system.

Recent statistics posted to the court’s website show more than 70 per cent of its cases were tied to immigration and refugees as of late 2022.

In total, the court saw 13,487 new immigration proceedings in 2022, up from 9,761 in 2021 and 6,424 in 2020, according to the office of Chief Justice Paul Crampton.

Source: Record-breaking number of immigration cases went through Federal Court in 2022

Immigration-related programs monthly update: January 2023

The government continues to struggle to make progress on backlogs as the percentage failing to meet service standards has deteriorated slightly: temporary residence 53 percent, permanent residence 56 percent and citizenship 27 percent. The backlog of visitor visas remains high at 70 percent (January 31 data).

Most  programs show a seasonal increase following the Christmas holiday slowdown with the exception of students, asylum claimants (but irregular arrivals continued to increase) and visitor visas.

Of particular note is the dramatic increase in TR2PR transitions; after trending downwards in 2022, the number increased six-fold, accounting for more than 60 percent of all PRs.

Lind: We Should Give Up the Fantasy of Solving the Border Crisis

Reality:

How did President Biden go from denouncing the immigration policies of his predecessor to following in his footsteps by proposing a regulation that would make the vast majority of current asylum seekers ineligible? How did he go from decrying the detention of immigrant families to contemplating the mass use of it?

The answer is simple: The numbers went up. Current U.S. border policy — under a fig leaf known as Title 42, a statute activated under a Covid public health order that just about everyone candidly agrees isn’t about public health — puts most border crossers at risk of summary expulsion without any chance to seek asylum. Despite that, last year apprehension levels hit 20-year highs. With the planned expiration of the Title 42 order this spring, the Biden administration is pre-emptively on a crisis footing, rushing to ensure that it will have a crackdown ready for an anticipated surge of asylum seekers.

And that’s exactly the problem. The United States has been intermittently on crisis footing at the border for the past decade. Each administration keeps cycling restlessly through the same few ideas. A family detention facility that Mr. Biden might reopen was built under Barack Obama. The recently proposed regulation — which would essentially withhold asylum from anyone crossing into the United States illegally — is a variation on a proposal from Donald Trump.

The federal government is patently out of ideas. What makes this so frustrating is that it’s not hard to imagine other, better ways to evaluate the health of our immigration system and to improve it.

But we are now stuck in a border-crisis version of “Groundhog Day.” Border apprehensions go up; the administration panics and enacts harsher enforcement; apprehensions decline; the administration declares victory; border apprehensions go up again.

It would be tempting to assume the problem is that enforcement isn’t sustained, but evidence doesn’t back that up: For example, the Title 42 era has had both record lows in unauthorized border crossings and 21st-century highs. There are other determinants of migration outside the control of the United States and beyond the reach of our policies.

When apprehensions go down, instead of preparing for the inevitable next rise, whatever administration is in charge declares the crisis over and moves on with palpable relief. (Even as the Biden White House prepares for the end of Title 42, it has been taking a victory lap over a decline in the number of apprehensions since the fall.)

The state of crisis is defined by apprehension numbers, the number of people getting caught by or turning themselves in to the Border Patrol. Yet that number is incapable on its own of saying anything about the U.S. government’s capacity to deal with those border crossers or what happens to them after apprehension. Furthermore, it is impossible to crisis-proof the border because no investment in and of itself — even a wall — will stop people from being able to set foot on U.S. soil.

The only way to reduce the number of people caught by the Border Patrol is to try to intimidate them from coming. That is the strategy of deterrence that the United States has been using since 2014: telling people not to come and trying to make sure that the people already coming are treated poorly enough that the same message spreads through word of mouth.

Imagine if the only metric of the U.S. economy that anyone cared about — the only one that got reported on month to month or that was addressed in cabinet meetings — was the number of people who left a company’s payroll in a month. It would be reasonable to assume that the U.S. government would focus nearly all its efforts on preventing people from losing their jobs, wholly ignoring other aspects of economic health like purchasing power and gross domestic product. Its efforts might tend toward the overdesigned (like trying to shape incentives in specific states and industries, to predict exactly where companies might be tempted to downsize) or the overly blunt, doing everything short of passing a law preventing companies from firing anyone.

No one thinks of job loss in and of itself as a good thing. But mature policymaking requires acknowledging that there are nuances — like the difference between two-week “funemployment” and six-month (or longer) unemployment — and that there are many interests involved that must be balanced.

There are multiple interests in immigration policy, too: the United States’ historical humanitarian commitment not to deport people back to a country where they will be persecuted, for example, and a sensitivity toward the conditions in which children and families are held in government custody. White House officials take umbrage at comparing their transit ban to Mr. Trump’s, because they stress there are significant exceptions to the ban. They promise that this time, they won’t end up holding families in jail-like conditions for months.

Yet deterrence sends just one blunt message: no. If the message is “probably not” or “hold on, let’s check,” the policy will fail on its own terms.

One of two things will be true of our post-Title 42 border policy. The ban will function as a ban, and families will be forced through a multistep process to determine their ineligibility for asylum within 20 days (the point at which courts have said the United States must generally release them). Or the exceptions will be real, and large numbers of people will remain here to pursue their cases — thus requiring their release from detention and muddying the message sent to their countries of origin.

Either the Biden administration will go back on its humanitarian promises or it will undercut the brute deterrent effectiveness of its policy. Either way, it’s sabotaging itself.

There are other ways to measure the health of our immigration system. A system that cared about maximizing orderly asylum claims would focus on scaling up the capacity at ports of entry to conduct orderly asylum interviews rather than forcing people to use Customs and Border Protection’s notoriously buggy CBP One app in the hopes of setting up scarce appointments.

A system that cared primarily about processing people quickly and safely would invest in facilities to house them that weren’t effectively jails. A system that cared about ensuring no one skipped out on a court date would guarantee clear communication from the courts — and maybe even lawyers to help immigrants navigate the system. A system that cared about executing removal orders would station Immigration and Customs Enforcement agents in courtrooms.

Some of these are more appealing than others to me and perhaps to you, but that’s part of the point: There are so many other ways for hawks or doves to get what they want, and talking openly about what they want the system to accomplish can refocus the discussion on things that are actually within the government’s control.

It’s time to let go of the fantasy of solving a border crisis, with the uncomfortable — and unsupported — implication that the only successful border policy is the least humane one.

Source: We Should Give Up the Fantasy of Solving the Border Crisis