David: Au-delà du discours

Quebec commentary on PM Legault’s inaugural speech and focus on language and immigration (language worries based on mother tongue rather than more important language of work). And the realists in cabinet recognize that 100 percent francophone immigration will exclude some needed expertise and talent;

En 2018, le succès de Québec solidaire durant la campagne électorale avait fait soudainement découvrir à François Legault l’urgence de s’attaquer aux changements climatiques. Cette fois-ci, on a l’impression que le discours du Parti québécois sur le recul du français a provoqué le même genre d’illumination.

Le discours inaugural est rarement très excitant, à plus forte raison quand un gouvernement est reconduit dans ses fonctions après avoir fait campagne sur la continuité. Et à force de multiplier les priorités, on finit par donner l’impression de ne pas en avoir.

Le premier ministre a néanmoins senti la nécessité d’un rattrapage sur la question linguistique. D’entrée de jeu, il a évoqué le « destin improbable » des compagnons de Champlain, débarqués en terre d’Amérique il y a plus de quatre siècles, qui avaient « réussi à tenir », ce qui a imposé à leurs descendants l’obligation de continuer.

Son « premier devoir », a-t-il dit, est d’enrayer le déclin du français et même d’inverser la tendance. Il a reconnu du même coup que ce qui a été fait durant son premier mandat demeurait insuffisant, même s’il faut du temps avant que la loi 96 produise son plein effet.

Le ministre de la Langue française, Jean-François Roberge, avait mis la table 24 heures plus tôt. « Il va vraiment falloir que les Québécois comprennent qu’en ce moment, on ne marche pas, on court vers le mur ! On a un vrai problème. Le recul du français est plus important dans les 20 dernières années que dans le siècle précédent », avait-il déclaré.

Il n’y aura cependant pas de « réveil national », à moins que le gouvernement ne donne lui-même l’exemple. Certes, chacun doit agir, que ce soit dans le choix des produits culturels qu’il consomme ou encore en exigeant d’être servi en français, mais il revient aux élus de définir le cadre légal à l’intérieur duquel le combat pour la survie du seul état à majorité francophone en Amérique du Nord pourrait peut-être être encore gagné.

Si le français ne cesse de reculer comme langue de travail, le ministre peut-il sérieusement penser que la responsabilité revient aux francophones, qui ne sont pas suffisamment exigeants envers leurs employeurs ? Quand ils se présentent dans un hôpital de la région de Montréal où ils sont incapables d’être soignés en français, devraient-ils claquer la porte et aller ailleurs ?

S’il est possible d’exploiter un commerce ou de travailler dans un service public sans être en mesure de parler la langue de la majorité, ou même en refusant de le faire, c’est manifestement que rien ne l’empêche.

M. Legault exclut toujours d’étendre les dispositions de la loi 101 au niveau collégial, estimant que cela n’aurait pas d’effet majeur sur la francisation des immigrants. Il n’a jamais semblé comprendre qu’une politique linguistique est un tout dont chacun des éléments n’est pas nécessairement déterminant, mais dont la conjugaison permet d’arriver au résultat souhaité.

Le premier ministre dit maintenant miser sur une immigration à 100 % francophone ou presque, et il découvre maintenant que beaucoup pourraient être faits sans les nouveaux pouvoirs qu’il réclame au gouvernement fédéral depuis des années.

La nouvelle ministre de l’Immigration, Christine Fréchette, a voulu calmer quelque peu l’emballement de son patron, qui a toujours eu du mal à maîtriser ce dossier, en disant qu’il fallait plutôt « tendre vers » cet objectif et que des immigrants simplement « francotropes », qu’ils aient pour langue maternelle l’arabe, le créole ou le swahili, pourraient faire l’affaire.

Le superministre de l’Économie, Pierre Fitzgibbon, s’est également empressé de mettre des bémols et réclame déjà des exceptions, notamment pour le développement de la filière des batteries, en attendant les autres projets qui ne manqueront pas de lui venir à l’esprit. « Ce serait l’fun d’avoir 100 %, mais il faut être réaliste et balancer ça avec les besoins », a-t-il expliqué.

M. Fitzgibbon pourra toujours rappeler au premier ministre que c’est exactement ce qu’il disait lui-même il n’y a pas si longtemps. En février 2019, M. Legault avait exprimé clairement sa vision des choses lors de la présentation du projet de loi 9 sur l’immigration. « Le PQ préfère dire : on va exiger le français avant l’arrivée. Moi, je pense que ça n’aiderait pas à bien répondre aux besoins du marché du travail », avait-il déclaré.

Il ne fait aucun doute que M. Legault aimerait que le Québec soit le plus français possible, mais sa priorité, pour ne pas dire son obsession, a toujours été d’abord de l’enrichir et de rattraper son retard par rapport à l’Ontario, thème sur lequel il est revenu à plus d’une reprise dans le discours inaugural. M. Fitzgibbon lui fera sans doute valoir qu’il est toujours hasardeux de courir deux lièvres à la fois.

Source: Au-delà du discours

Immigration backlog leads to surge of legal cases against federal government

Yet another good analysis in the Globe, collateral damage from the government’s immigration policies and operational weaknesses that frustrate applicants and increase workload:

The federal government is facing a barrage of legal cases related to its backlog of immigration applications, which has led to slower processing times and plenty of frustration for those waiting years on a decision.

Immigration, Refugees and Citizenship Canada has been named in 709 mandamus applications filed in federal court this fiscal year, which started in April, according to figures provided by IRCC as of Nov. 14. The filings are easily on pace to surpass the total for the previous fiscal year.

Mandamus is an order issued by a court to a lower court, or government entity, to carry out their duties. Thus, hundreds of people are seeking a judicial order that compels Immigration to finish processing their applications.

Mandamus cases are generally filed when there is an excessive delay in processing an immigration application and without a reasonable explanation provided by the federal government for that delay.

Ottawa is ramping up its intake of immigrants, which it says is crucial to fuelling economic growth and alleviating labour shortages. However, some of its moves to boost immigration have led to significant processing delays, affecting applicants that include skilled workers who are highly sought after by employers.

In search of resolutions, more people are turning to the courts. Slightly more than 800 mandamus applications against IRCC were filed in the 2021-22 fiscal year, an increase of 465 per cent from 143 applications in 2019-20.Glo

While lawyers told The Globe and Mail that mandamus is a last-resort option, it’s increasingly one that immigration applicants are advised to take, given their mounting frustrations over a sluggish and opaque system.

“It’s an effective remedy,” said Mario Bellissimo, founder and principal lawyer of Bellissimo Law Group. “However, it’s a remedy that really shouldn’t be used as frequently as it is, when the system is running the way it’s meant to run.”

The federal government is trying to process a stockpile of immigration applications. As of Oct. 31, there were about 2.2 million applications in IRCC’s inventories. Around 1.2 million were in backlog, meaning they’ve been in the system for longer than service standards for processing. Processing times vary by immigration stream. The mass of applications has fallen since September, but is still much larger than before the pandemic.

The federal government has blamed the buildup on office closings related to COVID-19, hindering its ability to process files efficiently. However, several economists and legal experts say that Ottawa had a large hand in creating the situation.

After failing to hit its immigration targets in 2020, owing to the pandemic, the federal government found various ways of encouraging more people to apply for permanent residency, and the subsequent increase in applications overwhelmed IRCC’s ability to process files in a timely manner.

This has led to a number of grievances. For instance, some high-skilled foreign workers in Canada are nearing the end of their work permits, but have yet to hear about their status. Others applied for their permanent-resident cards years ago, but are unable to find out why processing of their files has stalled.

That is forcing more people to seek legal action.

Out of the 809 mandamus applications that were filed against IRCC in the 2021-22 fiscal year, 333 came from those in economic streams of immigration. Another 183 came from the family class of immigrants. (Many of these are spousal cases, with a partner stuck overseas.)

The mandamus process can be expensive. Max Chaudhary, an immigration lawyer in the GTA, said it can cost roughly $6,000 to $15,000 for a single case, depending on how many stages are involved.

Kerry Molitor, an immigration consultant, is concerned that processing delays are creating a situation in which wealthier individuals are better positioned to force the government’s hand.

“It’s a solution that’s out of reach for most people,” she said.

Lev Abramovich, an immigration lawyer in Toronto, says his firm has filed more than 300 mandamus applications over the past year, which makes him one of the more prolific users of this legal option.

“We take an aggressive approach. We’ve also been successful with it,” he said. “Generally speaking, a mandamus application will wake IRCC up and will put pressure on them to finalize the pending application.”

The process starts with a demand for performance to IRCC, often in the form of a letter. In some cases, the federal government will start processing the file at this point.

If the case remains stalled, lawyers will proceed to file an application for mandamus in federal court. At this stage, the federal government will usually resume working on a file and issue a decision, several lawyers said.

In rare instances, however, cases will proceed to a hearing.

That is what happened to Siavash Bidgoly and his wife, Iranian nationals who moved to Toronto from the U.S. in July, 2018. That same month, Mr. Bidgoly submitted his application for permanent residency, having recently been invited to apply by the federal government. His wife was listed as an accompanying dependent.

Mr. Bidgoly expected an approval within six months, based on the experiences of some friends. Shortly after he arrived, he started a company, Tribe Technologies Inc., which employs about 50 people today.

Instead, the process dragged out for years. Mr. Bidgoly made several attempts to learn more about his application status, often hearing that his security check was still in progress.

Mr. Bidgoly filed a mandamus application in February, 2021. A federal court justice ruled in his favour in March, 2022, ordering IRCC to issue a decision within 90 days. Mr. Bidgoly and his wife were later approved for PR status.

“It is stressful. It is draining. I love Canada, but I questioned myself,” he said. “You are here because you trust their immigration system, and now this is what you get.”

In the hearing, IRCC argued that the delay was not excessive, in light of the pandemic’s effect on processing times. Justice Paul Favel did not find that argument satisfactory.

“Simple statements to the effect that a security check is in progress or that the pandemic is responsible for the delay are insufficient,” read the decision, adding that IRCC “had to provide evidence.”

Source: Immigration backlog leads to surge of legal cases against federal government

Crawford: Size doesn’t matter? A small population may enhance Canada’s media — and its democracy

A new angle to me:

The federal government’s recent announcement that it would boost annual immigration to half a million people per year by 2025 coincides with conflicts over Ottawa’s Online News Act and the Competition Bureau’s blocking of a proposed mergerbetween telecommunications giants Shaw and Rogers. 

While these developments may appear to be unrelated, they aren’t. They raise questions about how Canada’s population growth might affect the changing media landscape and its ability to inform and underpin our democracy.

Few policy prescriptions have more transformative potential than the deceptively simple idea of doubling or tripling our population. 

An influential slice of elite opinion — represented by a non-profit group called the Century Initiative — was echoed in a 2017 report by the federal government’s Advisory Council on Economic Growth and detailed in the book Maximum Canada: Why 35 Million Canadians Are Not Enough by journalist Doug Saunders.

It urged Canadians to consider increasing our immigration rate by as much as 50 per cent and to aim at having a population of 100 million by the year 2100. This, we are told, will mean more economic growth, more innovation, more domestic autonomy and more international clout. 

But is bigger better for the truth? In particular, is it conducive to the kind of shared truths about basic facts and norms, spread through the media, that make meaningful discussions about public policy possible? 

‘Thin on the ground’

In Canada, Saunders argues those in Canadian media, publishing, the arts and broadcasting are the most acutely aware of the limitations of under-population. 

A dispersed population stretched across 10 provinces in six time zones means that “we have never had the size of audience to support the level of culture that befits a G7 nation … we are very thin on the ground as far as our ability to talk to ourselves.” 

A bigger Canada would have the economies of scale to facilitate “national conversation” and “our ability to talk to ourselves” — and that surely spells more and better democracy, right? 

Unfortunately, not if the American experience is any guide. 

The current media ecology in the United States has allowed extreme and false conspiracy theories to become normalized, with disturbing implications for the legitimacy of political and civic institutions. 

That’s because media silos are big enough to incubate people like Donald Trump, the Q-Anon movement and baseless voter fraud allegations without having their “truths” tested and effectively disproven in a common national forum. 

Operating in a larger country did little to save America’s newspaper industry, with its accumulated expertise and generally high standards of investigative reporting. The number of working journalists has been cut in half over the past 25 years

If anything, more resources and greater economies of scale on the internet and in think-tank networks have merely facilitated the growth of news and information silos.

They cater to what some citizen-consumers like to read (ideologically slanted analysis or partisan infotainment carefully micro-targeted to appeal to cognitive biases) or what powerful advertisers or devious hackers want them to read (news that is more congenial to foreign powers or economic elites) rather than what they need to read (quality, fact-based journalism). 

The enhanced ability to “talk to themselves” takes place in the proverbial echo chamber of as much as half of the country , plus countless smaller ones. That makes a truly national conversation more difficult to achieve, not less.

Public broadcasters

PBS and NPR offer a quality of national programming that is comparable to the CBC at its best, without regular commercial interruption. 

But they’re simply too small relative to the size of the marketplace to provide the influential standard-setting function that the CBC has historically provided for Canadian broadcast journalism or that public broadcasters have achieved for the United Kingdom, France, Australia and other nations. 

There are concerns about our cultural institutions’ dependence upon public subsidy, yet public funding has arguably enabled the CBC to serve as an authoritative national forum that has no equivalent in the United States.

How the question of scale might be intersecting with technology and public policy right now can be illustrated by the attempts to provide “alternative” news and sources of policy-relevant information and opinion here in Canada. 

Consider the failures of the Sun News Network to achieve its goal of becoming “Fox News North” or of its online successor, Rebel Media, to become Canada’s Breitbart News

The Sun News Network tried to get around the problem of a small market for its product by obtaining a basic cable licence across the country. The CRTC did not oblige them.

Rebel Media then suffered from its mistake of having a reporter provide favourable live coverage of the infamous Charlottesville Unite the Right rally that spun out of control, killing a counter-protester and injuring 19 others.

Larger markets aren’t always beneficial

Some progressive nationalists have been self-congratulatory about these setbacks, surmising that Canada’s political culture is essentially different from America’s in being less receptive to extreme right-wing politics. 

Yet supporters of the Sun TV model and Rebel Media can plausibly argue that all they really need to do in order to be more successful is to wait for an increase in the size of their potential audience. A more favourable political environment could also enable them to achieve a larger market share.

This serves to remind us why a larger domestic market for political news would not necessarily yield an improved public sphere. Social cohesion — and the encouragement of dialogue and debate in a good faith common effort to arrive at the truth — are public goods that require something more than demographic or economic growth to survive.

These qualities may even be easier to come by in a smaller Canada.

Paying closer attention to the dangers of growth, especially the modern threats to democracy posed by the internet, allows us to best plan for a brighter future — not just a bigger one.

Source: Size doesn’t matter? A small population may enhance Canada’s media — and its democracy

B.C. to license more internationally trained doctors to combat physician shortage

Progress:

British Columbia announced several new measures to bring more doctors to the province, amid an ongoing shortage of physicians and strained emergency departments.

Premier David Eby says the province is tripling the number of seats in the Practice Ready Assessment program, going from 32 spots to 96 by March 2024.

The program allows internationally-educated family doctors to become licensed to work in B.C, placing them in rural and urban communities who need more physicians and requiring they work that placement for at least three years.

Source: B.C. to license more internationally trained doctors to combat physician shortage

Canada leads the G7 for the most educated workforce, thanks to immigrants, young adults and a strong college sector, but is experiencing significant losses in apprenticeship certificate holders in key trades

From the last data release of the census, with evidence of mismatches between immigration skills and occcupation:

Canada continues to rank first in the G7 for the share of working-age people (aged 25 to 64) with a college or university credential (57.5%). A key factor in this is Canada’s strong college sector: nearly one in four working-age people (24.6%) had a college certificate or diploma or similar credential in 2021, more than in any other G7 country.

From 2016 to 2021, the working-age population saw an increase of nearly one-fifth (+19.1%) in the number of people with a bachelor’s degree or higher, including even larger rises in degree holders in the fields of health care (+24.1%) and computer and information science (+46.3%).

In contrast, the number of working-age apprenticeship certificate holders has stagnated or fallen in three major trades fields—construction trades (+0.6%), mechanic and repair technologies (-7.8%) and precision production (-10.0%)—as fewer young workers replace the baby boomers who are retiring. Job vacancies in some industries related to these trades, such as construction and fabricated metal product manufacturing, reached record highs in 2022.

Recent immigrants made up nearly half of the growth in the share of Canadians with a bachelor’s degree or higher. However, some immigrants’ talents remain underutilized, as over one-quarter of all immigrants with foreign degrees were working in jobs that require, at most, a high school diploma. This is twice as high as the overqualification rate for Canadian-born or Canadian-educated degree holders.

Even foreign-educated immigrants with credentials in high-demand areas such as health care faced high rates of job mismatch: 36.5% of immigrants with a foreign degree in registered nursing worked as registered nurses or in closely related occupations, and 41.1% of immigrants with foreign medical degrees worked as doctors. This compares with job match rates of approximately 9 in 10 for the population with Canadian nursing (87.4%) or medical (90.1%) degrees.

The share of Canadian-born young adults (aged 25 to 34) with a bachelor’s degree or higher is also rising (+2.7 percentage points from 2016 to 2021). The increase was larger among Canadian-born young women (+3.3 percentage points, reaching 39.7%) than Canadian-born young men (+2.2 percentage points, reaching 25.7%). Nonetheless, among young men the increase in this 5-year period from 2016 to 2021 was nearly as large as the increase during the 10-year period from 2006 to 2016 (+2.3 percentage points). 

Educational gaps faced by First Nations people, Métis and Inuit are narrowing at the high school level. In 2021, over half of Inuit aged 25 to 64 had completed high school, up from 45.4% in 2016. At the same time, gaps are widening at the level of a bachelor’s degree or higher for all Indigenous groups.

People with credentials above the bachelor level were better able to weather the labour market shocks of the pandemic, partly due to working in industries that were more suited to remote work. They had higher employment rates and earnings in 2021 than 2016, while those with most other levels of education saw lower employment rates.

Source: https://www150.statcan.gc.ca/n1/daily-quotidien/221130/dq221130a-eng.htm?CMP=mstatcan

McWhorter: Harvard, Herschel Walker and ‘Tokenism’

Valid observations on tokenism:

We are at a moment in which tokenism is on trial. This is true both in terms of the Supreme Court’s consideration of affirmative action in higher education and in terms of the candidacy of the former running back and political airhead Herschel Walker, who will become a U.S. senator from Georgia if he wins his runoff against Senator Raphael Warnock next Tuesday.

Remember how common the term “token Black” once was? Back in the day — the phrase really took off in the 1960s — tokenism was considered a prime example of racism. The hipper television shows would offer story lines in which Black people were put into jobs for which they were transparently unqualified just so the company could show a little color.

I learned the term “token” in 1975 at the age of 9. An episode of the Black sitcom “Good Times” had the teenager Thelma recruited by an elite private school sorority solely because she was Black. A white sorority sister visited the household to chat Thelma up. But after Thelma’s father saw through the ruse, the white woman dismissively referred to Black people as “B’s.” My mother told me that Thelma was being used as a “token Black.” She liked me to know about such things.

It was normal that a Black mom would teach her kid such things back then. But you don’t hear the terms “token Black” and “tokenism” as much as you used to. (Yes, “South Park” had a character named Token — now spelled Tolkien — as late as the 1990s. But part of the joke was how antique the term had already become.) The term has a whiff of the ’70s about it, and it went out of fashion because, frankly, today’s left cherishes a form of tokenism.

Our theoretically enlightened idea these days is that using skin color as a major, and often decisive, factor in job hiring and school admissions is to be on the side of the angels. We euphemize this as being about the value of diverseness and people’s life experiences. This happened when we — by which I mean specifically but not exclusively Black people — shifted from demanding that we be allowed to show our best to demanding that the standards be changed for us.

I witnessed signs of that transition when racial preferences in admissions were banned at the University of California in the late 1990s. I was a new professor at U.C. Berkeley at the time, and at first, I opposed the ban as well, out of a sense that to be a proper Black person is to embrace affirmative action with no real questions. I’m not as reflexively contrarian as many suppose.

There was a massive attempt at pushback against the ban among faculty members and administrators, and I attended many meetings of this kind. I’ll never forget venturing during one of them that if the idea was that even middle-class Black students should be admitted despite lower grades and test scores, then we needed to explain clearly why, rather than simply making speeches about inclusiveness and openness and diversity as if the issues of grades and test scores were irrelevant.

I was naïve back then. I thought that people fighting the ban actually had such explanations. I didn’t realize that I had done the equivalent of blowing on a sousaphone in the middle of a bar mitzvah. There was an awkward silence. Then a guy of a certain age with a history of political activism said that in the 1960s and ’70s he was, make no mistake, staunchly against tokenism. And then he added … nothing. He went straight back to rhetoric about resegregation, laced with the fiction that racial preferences at Berkeley were going mostly to poor kids from inner-city neighborhoods. It was one of many demonstrations I was to see of a tacit notion that for Black kids, it’s wrong to measure excellence with just grades and scores because, well … they contribute to diversity?

When the Supreme Court outlaws affirmative action in higher education admissions, as it almost certainly will, it will eliminate a decades-long program of tokenism. I’ve written that I support socioeconomic preferences and that I understand why racial ones were necessary for a generation or so. But for those who have a hard time getting past the idea that it’s eternally unfair to subject nonwhite students to equal competition unless they are from Asia, I suggest a mental exercise: Whenever you think or talk about racial preferences, substitute “racial tokenism.”

At the same time, Republicans, despite generally deriding affirmative action and tokenism as leftist sins, are reveling in tokenism in supporting Walker’s run for Senate and are actually pretending to take him seriously. But to revile lowering standards on the basis of race requires reviling Walker’s very candidacy; to have an instinctive revulsion against tokenism requires the same.

There’s no point in my listing Walker’s copious ethical lapses. Terrible people can occasionally be good leaders. With him, the principal issue is his utter lack of qualification for the office. Walker in the Senate would be like Buddy Hackett in the United Nations. It is true that Republicans have also offered some less than admirably qualified white people for high office. But George W. Bush was one thing, with his “working hard to put food on your family.” Walker’s smilingly sheepish third-grade nonsense in response to even basic questions about the issues of the day is another.

And it matters that Walker would have been much, much less likely to be encouraged to run for senator in, say, Colorado. In Georgia, it was the clear intent that he would peel Black votes from his Black rival, Warnock. Walker’s color was central to his elevation. A swivel-tongued galoot who was white would not likely have been chosen as the Republicans’ answer to Warnock.

But if Bush, like Walker and others, implies a questioning of standards — here, the idea that a high-placed politician be decently informed — is that so very different from those on the left questioning why we concern ourselves overly with grades and test scores in determining college admissions?

Yes, there are times when one needs to question the rules regarding traditional qualifications. But the Georgia runoff isn’t one of them. The last thing Black people — who are often assumed to be less smart — need is for anyone to insist that Walker is a legitimate candidate because, say, Representative Marjorie Taylor Greene isn’t the most curious or coherent sort, either.

White Republicans have elevated a Black man to a position for which he is cartoonishly unfit. They have done so in spite of, rather than because of, the content not only of his character but also of his mind. Walker is essentially being treated the way Thelma was in that “Good Times” episode almost 50 years ago.

The past was better in some ways. The prevalence of the term “token Black” from the 1960s to the ’80s was one of them. And I promise — although I shouldn’t have to — that this does not mean I think Black America was better off in 1960.

But when Black students submitting dossiers of a certain level are all but guaranteed admission to elite schools despite the fact that the same dossiers from white or Asian students would barely get them a sniff, they are being treated, in a way, like Walker. The left sings of life experience and diversity, while the right crows about authenticity and connection. I hear all of them, intentionally or not, thinking about “the B’s.”

Source: Harvard, Herschel Walker and ‘Tokenism’

In major SCOTUS immigration case, both sides look to academia to untangle three knotty questions

Good explainer:

Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed all three issues, and their work is prominently cited in the briefing on both sides.

In her book Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases(NYU Press, 2015), Professor Shoba Sivaprasad Wadhia of Penn State Law observes that discretion in immigration enforcement is unavoidable in a system that lacks the resources to remove more than a few percent of the nation’s 11 million undocumented immigrants. The debate over how that discretion should be exercised has created a sharp policy divide between the Obama and Biden administrations, on the one hand, and that of former President Donald Trump on the other.

In 2011, John Morton, then the director of Immigration and Customs Enforcement, issued a seriesof memos setting enforcement priorities. Morton explained that his agency “only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States.” Accordingly, he declared that ICE would prioritize apprehension and removal of certain categories of undocumented immigrants, such as those who had committed crimes or were recent arrivals. In contrast, undocumented immigrants without criminal records, who had lived in the United States for many years, and who had U.S. citizen family members were low priorities for removal.

The “Morton Memos” were often ignored by ICE officers, and in any case did not give legal protection from removal to those undocumented immigrants categorized as lower priorities. But if nothing else, they set the tone.

That tone changed abruptly when Trump took office in 2017. Within the first week of his administration, Trump replaced the Morton Memos with an executive order directing immigration officials “to ensure the faithful execution of the immigration laws of the United States against all removable aliens.” The goal, Trump explained, was to end “exempt[ions] [for] classes or categories of removable aliens from potential enforcement.” To be sure, the Trump administration also lacked the resources to deport the vast majority of undocumented immigrants. But the new executive order sent the message that no one in the United States without status was safe from removal.

The Trump administration followed an “attrition through enforcement” approach proposed in 2008 by Kris Kobach, who was at that time a professor at the University of Missouri-Kansas City School of Law and later became Kansas’ secretary of state. (Earlier this month, he was elected as Kansas’ incoming attorney general.) Acknowledging the limited resources to remove undocumented immigrants, Kobach advocated for policies that encouraged self-deportation.  Accordingly, he opposed any categorical use of prosecutorial discretion, advocating instead for enforcement policies that would leave all undocumented immigrants in fear that they were imminently removable.

Now, in United States v. Texas, Texas and Louisiana have asked the court to weigh in on this debate. At issue is whether the Immigration and Nationality Act permits the Biden administration to adopt guidelines prioritizing removal of certain categories of undocumented immigrants over others, just as Obama did before him. These states also argue that the guidelines violate the Administrative Procedure Act.

The case is perhaps even more important for its challenge to states’ standing to sue the federal government. A glance at the court’s docket in recent years reveals the rapid rise in state challenges to executive branch changes in policy, with red states taking the lead under Presidents Obama and Biden and blue states doing so during the Trump administration. In April of 2022, Texas issued a press release celebrating its 27th lawsuit against the Biden administration (the number is certainly higher by now). Likewise, California filed 122 lawsuits against the Trump administration during Trump’s four years as president, averaging one new lawsuit every 12 days.

Many of these cases challenged executive branch changes to immigration policy. In United States v. Texas, Texas and Louisiana argue that the new enforcement priorities will increase the number of undocumented immigrants in their states, and so increase their incarceration, education, and health care costs. They claim these higher costs are a cognizable injury that gives them standing to sue.

In its brief, the United States cites University of Virginia Law Professors Ann Woolhandler and Michael Collins’ recent article, Reining in State Standing, which argues in favor of a “return to [states’] traditional disfavored status as plaintiffs.” Under the tripartite requirements for standing, a plaintiff must show an “injury in fact” that is traceable to the challenged action and redressable by a court. But that standard gives states enormous leeway to claim injury on behalf of themselves as sovereigns or to their parens patriae interests (that is, the interests of their citizens), because almost any change to federal policy will have a fiscal impact on a state and its residents. Woolhandler and Collins propose that state standing to sue should be limited to cases in which states are “the direct regulatory objects of federal statutes and regulations,” which would fit more comfortably with states’ traditionally limited role as litigants before federal courts.

Finally, the Supreme Court is asked to decide the scope of the permissible remedy if the guidelines violate federal law. Over the past few years, courts and commentators have debated the power of lower federal courts to enter universal injunctions — that is, injunctions that bar defendants from enforcing a challenged law against anyone, not just the plaintiffs. United States v. Texas raises an offshoot of this question: whether a court’s power “to hold unlawful and set aside agency action” under Section 706(2) of the APA permits courts to vacate agency action such that it cannot be applied to anyone.

The United States cites a recent article by Professor John Harrison of University of Virginia Law arguing that Section 706(2) does not give courts authority to issue universal remedies, but rather only allows courts to decline to enforce unlawful agency action in cases before them. Texas and Louisiana rely on University of San Diego Law Professor Mila Sohoni’s article, “The Power to Vacate a Rule,” asserting that Section 706(2) authorizes (but does not require) vacatur, and citing longstanding precedent in the U.S. Court of Appeals for the District of Columbia Circuit and other lower federal courts supporting that position.

As Sohoni puts it, perhaps the most “astonishing” aspect of the case is that the scope of Section 706(2)’s remedy remains uncertain nearly 80 years after that statute’s enactment. That uncertainty will likely be resolved by the court’s decision this term.

Source: In major immigration case, both sides look to academia to untangle three knotty questions

Khan: The downfall of Quebec’s Bill 21 could come thanks to women

We will see:

The notwithstanding clause of the Canadian Charter is no longer an obscure legal term. Thanks to Ontario Premier Doug Ford’s recent use of Section 33 to prevent job action by education workers – he has invoked the clause, or threatened to do so, three times in four years – ordinary Canadians now know that their basic human rights can be suspended at any time. We aren’t talking about emergency measures here, nor are we discussing reasonable limits through democratic mechanisms; ours is the only constitutional democracy that potentially allows for the gutting of basic rights in the name of what a parliamentary majority deems a matter of governance.

Who could have foreseen the consequences of this clause?

Well, Canadian women, for one.

When the Charter was being drafted, women demanded equality rights – but they were derided at committee hearings for doing so. In 1980, Senator Harry Hays derisively countered by suggesting special rights for babies and children, since “all you girls will be out working and we’re not going to have anybody to look after them.” A year later, more than 1,300 women descended on Parliament Hill to assert equality rights in the Constitution, by affirming Section 15 on general equality and proposing Section 28, on gender equality rights.

Initially, the notwithstanding clause could have been used on Section 28, too. But women fought for its exclusion, having had the foresight to ensure that gender equality rights could not be denied by the potential whims of future governments. We owe them a great deal.

And yet, today, we see the Constitution’s notwithstanding clause leading to disproportionate damage to Muslim women in Quebec.

François Legault’s government has pre-emptively used the notwithstanding clause twice since 2019, to ensure the passage of two bills. One of them, Bill 21, bans some public-sector workers from wearing religious symbols, but lawyers have provided evidence at the Quebec Court of Appeal – which heard a legal challenge to the bill this month – that only Muslim women who wear the hijab have lost their jobs as a result of it.

Indeed, Quebec’s religious minorities have felt increased alienation and despair in recent years, according to the Association for Canadian Studies. Its survey found that the situation is particularly dire for Muslim women: 73 per cent of them said they’ve felt less safe in public since 2019, while 83 per cent said their confidence in their children’s future has worsened.

The Quebec government touted Bill 21 as a “feminist” law, but it has only reinforced prejudices, and given license to bigots. I know this firsthand: During a visit to Montreal, I was berated by a middle-aged francophone Uber driver for wearing the hijab. At the end of the ride, he asked me not to file a complaint. (Of course, I did the opposite.)

This all illustrates Bill 21′s egregious violation of Section 28 of the Charter – namely, that the law disproportionately affects women, and thus violates gender equality. Since the notwithstanding clause cannot override Section 28, Bill 21 could be seen by the courts as invalid – an argument that University of New Brunswick law professor Kerri Froc raised years ago, and is now gaining traction.

Quebec Muslim women are not wilting. They have protested alongside allies who believe in a Quebec where all individuals can thrive. Take, for example, Institut F, a Montreal-based organization that seeks to ensure Muslim women’s personal agency. Its programs provide resources so that each woman knows that she belongs, her voice matters and she is a valued member of society – even if the Quebec government thinks otherwise. At a recent Institut event, I met talented Muslim women in STEM fields such as artificial intelligence, biotechnology and data science – talent that Quebec needs to remain economically competitive. Yet, many of those women expressed doubts about thriving in a society that overtly discriminates against religious minorities.

Something may have to give on this front, too. The labour shortage is so acute in Quebec that the town of Hérouxville – infamous for issuing a code of conduct for immigrants warning them not to stone or burn women alive – is now actively courting newcomers. Today, neighbouring towns are helping migrants find halal food. Economic reality will force the realization that attracting workers means making all feel welcome – not just a select few.

Bill 21’s damage has been done – abetted by the notwithstanding clause. The women who fought to exclude Section 28 from the clause knew its dangers. As Canadians, we must continue that fight to guarantee basic rights for all, be they religious and linguistic minorities in Quebec, education workers in Ontario, or anyone threatened by the notwithstanding clause.

Source: The downfall of Quebec’s Bill 21 could come thanks to women

Barbaud: Abolissons l’écriture « inclusive »

Overwrought worries on inclusive language, even if excesses occur. Language usage evolves, and French is no exception. Remember in my high school days when debate was over he/she rather than just he:

La récente publication sur le Web des Lignes directrices de l’écriture inclusive par le Bureau de la traduction du gouvernement fédéral donne à lire un document comportant plusieurs dizaines de pages d’instructions et se revendiquant de six grands principes « qui devraient guider l’application des différents procédés d’écriture inclusive ». Ne nous y trompons pas : le ton est directif, à preuve l’emploi répété de l’infinitif injonctif, par exemple, « Respecter les préférences des personnes concernées ». L’objectif inavoué est le reformatage en profondeur de la culture et de la conscience collectives de la population francophone du Canada, entre autres, pour qu’elle se plie aux exigences des minorités qui désormais nous gouvernent. Une acculturation à l’envers de la majorité, en quelque sorte.

Or surtout, n’allez pas croire que l’écriture inclusive se veut une réforme de l’orthographe. Celle-ci est souhaitable, sans être vraiment nécessaire, mais celle-là est une véritable manipulation des esprits. Autant la féminisation des noms de métier et des titres, par exemple, s’avère conforme à nos valeurs d’égalité et de démocratie, autant l’intrusion de la diversité dans le code écrit relève d’une démarche totalitaire qui vous enjoint de communiquer pour qu’une « personne se sente respectée ». Mais de quoi je me mêle ? J’ai le droit de respecter qui je veux et je ne suis pas responsable de la sensibilité des autres. J’en suis le seul juge et je l’assume.
 
À cette offensive idéologique du multiculturalisme canadien se joint le volumineux document contenant les directives, plus nuancées, faut-il admettre, de l’Office québécois de la langue française. Celui-ci s’articule en quatre volets : rédaction épicène, formulation neutre, rédaction non binaire et écriture inclusive. Le moindre qu’on puisse dire, c’est que ces organismes officiels mettent le paquet pour parvenir à leurs fins. Au lieu de simplifier l’enseignement du français et de le rendre plus attrayant, ces documents gouvernementaux sont « toxiques » parce qu’ils ne feront qu’empoisonner la vie des enseignants et de nos élèves en rendant cette matière scolaire encore plus rébarbative qu’on le dit.

Au fond, ces deux entreprises ne font que perpétuer le même esprit de normativité que celui qui était dévolu à l’Académie française, fondée en 1634 et si décriée par certains (et certaines, cela va de soi) « réformistes » d’aujourd’hui. La différence de contexte est pourtant énorme. Au début du XVIIe siècle, la langue française du pouvoir royal visait à rallier la diversité dialectale de la France en la dotant d’une langue commune qui n’existait toujours pas malgré l’ordonnance de Villers-Cotterêts proclamée presque cent ans plus tôt par François Ier en 1539. De nos jours, la diversité constitutionnelle fait peser l’anathème de la discrimination sur l’individu qui écrit dans une langue française traditionnelle enfin devenue commune depuis deux cents ans. Il ne s’agit plus de politique linguistique, mais de religion.

En effet, l’écriture traditionnelle en langue française serait devenue discriminatoire en vertu de la croyance religieuse qui définit « la nouvelle culture de l’offense » faite au prochain, comme l’écrit si bien Salman Rushdie. Le masculin est une offense au féminin. Le genre est une offense à la non-binarité. Son accord par défaut est une offense à la diversité. L’épicène est la rédemption de toutes les dénominations. L’offense présumée est ainsi devenue le fonds de commerce de la bigoterie communautariste anglo-américaine qui déferle sur le monde entier, et non pas seulement occidental, grâce à l’argent des églises évangélique, baptiste, catholique, pentecôtiste, méthodiste, et sectes affiliées, dont le zèle apostolique fournit le terreau nécessaire à la diffusion de l’islamisme radical et mortifère soutenu par les pétrodollars des monarchies musulmanes.

Il s’agit ni plus ni moins que d’enfoncer à travers la gorge des ignorants les pratiques d’écriture de la bienséance diversitaire. Le stratagème est vieux comme le monde : se servir du pouvoir pour culpabiliser quiconque déroge aux normes que ce pouvoir édicte en matière de langue, de langage, de communication et de grammaire. Aussi l’écriture inclusive adopte-t-elle le procès d’intention pour fondement de sa mise en oeuvre. Une plaie « censurielle », comme au temps de l’affaire Calas rendue célèbre par Voltaire. […]

Ne pas écrire selon les nouvelles normes de la bienséance linguistique fera de vous un être qui adhère à « toute forme de discrimination fondée sur le sexe, le genre, l’orientation sexuelle, la race, l’origine ethnique, les handicaps », y compris « tout autre facteur identitaire ». La langue française définissant l’identité d’un francophone, écrire en langue française traditionnelle, c’est-à-dire non conforme à l’écriture inclusive, fait de vous par défaut un délinquant ou une délinquante « normatif.ve ».

Bref, ne pas écrire en écriture inclusive vous relègue dans le camp du racisme si vous dérogez au « Principe 4 : Faire des choix représentatifs de la diversité ». Voilà comment s’y prend l’idéologie diversitaire pour formater l’esprit du scripteur (ou de la scriptrice, cela va de soi) idéal.e (faut-il préciser ?). Écrire selon les règles traditionnelles laisse donc entendre que vous ne respectez pas votre destinataire, comme si vous ne connaissiez rien d’autre que Twitter, Facebook, Snapchat ou TikTok.

Source: Abolissons l’écriture « inclusive »

Diversity Initiatives Are Failing the U.S. Muslim Community

Interesting new term for me, “crisis diversity:”

Over the past decade, the Muslim community has become included in diversity initiatives in the United States. Hollywood is finally producing shows that feature Muslim characters, such as Hulu’s Ramy, Netflix’s Mo, and Disney+’s Ms. Marvel. Universities are adjusting dining hall hours to accommodate Muslim students who fast during Ramadan, and they are increasing the number of reflection spaces on campus to facilitate Muslim ritual prayer. Nike launched its Pro Hijab, a headscarf for Muslim women athletes, and Olympic medalist Ibtihaj Muhammad became its model. Muhammad also served as the inspiration for the first Muslim Barbie doll.

These initiatives enhance our sense of belonging as Muslims in the U.S.—but they are not enough to actually challenge Islamophobia.

How did Muslims come to be included in diversity plans in the U.S.? My research shows that this happened in the wake of crises, or moments that made it clear that Islamophobia was a problem. Diversity initiatives born out of crisis can produce important social change, but responding to a momentary flare up as opposed to longstanding structural inequality limits the extent of possible change. Social change requires addressing the root of the problem primarily located in a history of U.S. foreign policies that dehumanize Muslims.

Islamophobia, itself, is far from new. Scholars trace forms of it as far back as the 7th century, with the emergence of Islam as a religion. But the term found new popularity in the late 20th century. Many point to the 1997 report published by the Runnymede Trust in the UK as the first influential use of the word Islamophobia, since it was the first to highlight it as a social problem. But the term did not enter the U.S. lexicon until about a decade after 9/11.

Muslims have long been constructed as threats to U.S. national security, but this intensified after 9/11. Think of the USA PATRIOT Act, Special Registration, U.S.-led wars in Afghanistan and Iraq, and the Abu Ghraib prison scandal as prime examples of this.

But in the 2010’s, as the nation grappled with a history of racism and inequality, a new rubric of “diversity, equity, and inclusion” created an opening for Muslims to be seen as a beleaguered minority. Muslims became included in conceptions of diversity and social justice through a series of crises, such as the 2010 “ground zero mosque” controversy, the establishment of the Islamophobia Industry, and Donald Trump’s 2015 announcement to ban Muslims from entering the U.S.

These moments led to widespread recognition that Muslims are demonized and targets of individual hate and repressive state policies. This phenomenon is a prime example of crisis diversity—where a precipitating event leads to the recognition of racism or discrimination and an ensuing flurry of concerted action.

Crisis diversity produces a domino effect of responses: The general public becomes aware of a long-standing problem (Islamophobia); people of that particular identity group (Muslims and experts on Islam) are called upon to urgently educate the public and advise leaders on how to make changes; media conglomerates, corporations, universities, and other organizations respond by issuing statements or embarking on new diversity initiatives. The crisis moment then passes, and little attention is paid to the issue until the next crisis emerges, restarting the cycle.

Crisis diversity is not solely a response to Islamophobia. One need only look at how the police killing of George Floyd in the spring of 2020 led to nationwide protests, reigniting public debate about police brutality and putting anti-Black racism firmly on the agenda of the criminal justice system, as well as universities and a wide array of corporations and industries. That same year, the football team the Washington Redskins was finally renamed the Washington Commanders after decades of refusing to change the name, despite protests from American Indian communities. NASCAR finally banned use of the Confederate flag, and Quaker Oats finally retired its brand based on the Aunt Jemima racial stereotype. At the same time, the number of Black people killed by police has not decreased.

In similar, yet distinct ways, Islamophobia is discovered anew each time an instance of it manages to capture public attention. How much social change is accomplished through these crises-responses is varied and debatable.

For Muslims, crisis gave us Mo and Ms. Marvel. It gave us prayer rooms on college campuses. It gave us Rashida Tlaib and Ilhan Omar, the first Muslim women in Congress. These progress markers are an important start; however, the crisis-response approach is limiting. While Hollywood sticks it to Trump by finally including Muslims in roles that have nothing to do with terrorism, it does so without acknowledging how the industry itself has demonized Muslims for over a century.

Perpetrators of hate crimes against Muslims are given life sentences, without addressing how the same criminal justice system subjects Muslims to surveillance, deportation, and detention, that fuel hate crime violence. Racial and religious stereotypes are also used to criminalize Muslim men. Prosecutors used Adnan Syed’s identity as Pakistani and Muslim to argue that his religion and culture influenced him to murder his 18-year-old girlfriend, Hae Min Lee, and be prone to violence. In Sept. 2022, after spending over two decades of a life-in-prison sentence for murder, robbery, kidnapping, and false imprisonment, the charges were dropped, and Syed was released.

Crisis diversity focuses our attention on only the most overt, public, and often seemingly sudden expressions of racism, obscuring its longevity and reach well beyond crisis moments. In doing so, it obscures the enduring causes of Islamophobia, rooted in national security policies that demonize Muslims.

Real change requires understanding and approaching the problem as part of longstanding practices that will not evaporate with quick fixes during momentary crises. It requires a paradigm shift in our understanding of the problem and its magnitude. If leaders in Hollywood, corporations, universities, and the government consistently considered the long history of inequality in the U.S. when devising solutions (rather than responding to a momentary crisis), a more just and inclusive future would be possible.

Alsultany is an Associate Professor of American Studies and Ethnicity at USC’s Dornsife College and the author of Broken: The Failed Promise of Muslim Inclusion

Source: Diversity Initiatives Are Failing the U.S. Muslim Community