In Blow to Tech Industry, Trump Shelves Start-Up Immigrant Rule – The New York Times

Building more opportunities for Canada and others:

The Trump administration said it would delay, and probably eliminate down the line, a federal rule that would have let foreign entrepreneurs come to the United States to start companies.

The decision, announced by the federal government on Monday ahead of its official publication on Tuesday, was quickly slammed by business leaders and organizations, especially from the technology sector, which has benefited heavily from start-ups founded by immigrants.

“Today’s announcement is extremely disappointing and represents a fundamental misunderstanding of the critical role immigrant entrepreneurs play in growing the next generation of American companies,” Bobby Franklin, the president and chief executive of the National Venture Capital Association, a trade association for start-up investors, said in a statement.

He added that even as other countries are going all out to attract entrepreneurs, “the Trump administration is signaling its intent to do the exact opposite.”

The policy being delayed by the Department of Homeland Security, known as the International Entrepreneur Rule, was to go into effect next week, after being approved by President Obama in January during his final days in office.

The rule was enacted to give foreign entrepreneurs who received significant financial backing for new business ventures the ability to come temporarily to the United States to build their companies. Silicon Valley leaders had praised the rule as a kind of “start-up visa.”

The department said it would delay the start date of the rule until March 14 of next year, during which time it will seek public comments on a plan to rescind the rule. The department said it decided to delay the rule after President Trump signed an executive order on improvements to border security and immigration enforcement on Jan. 25, shortly after taking office.

The order required the secretary of the Department of Homeland Security to take action to ensure that “parole authority” — through which the department can temporarily allow individuals into the country without being formally admitted with a visa — be used only on a case-by-case basis and “when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

The International Entrepreneur Rule was designed to use that authority to effectively give a lift to start-ups. Under the Obama administration, the Department of Homeland Security estimated that nearly 3,000 entrepreneurs would be eligible to come to the United States annually under the rule. They were to be granted stays of up to 30 months, with the chance of extending the stays another 30 months if the entrepreneurs met certain criteria.

To qualify, they had to show that they had raised $250,000 or more for their businesses from established American investors or $100,000 or more in grants from government entities.

Steve Case, an investor who was a founder of AOL, blasted the decision on Twitter. “Big mistake,” he wrote. “Immigrant entrepreneurs are job makers, not job takers.”

Gary Shapiro, chief executive of the Consumer Technology Association, a trade group representing the consumer technology industry, said the delay of the rule would damage American innovation and job creation.

“The 44 immigrant-founded billion-dollar start-ups now in the U.S. have created an average of 760 American jobs per company,” Mr. Shapiro said in a statement. “Without these immigrant entrepreneurs, it is unlikely America would stand as the beacon of innovation that it is today.”

El Salvador woman at the heart of legal challenge to Safe Third Country Agreement

Interesting case to watch given that it centres around a person rather than the previous more general one:

When an El Salvador woman and her two children arrived from a Buffalo, N.Y., shelter to the Fort Erie border crossing Wednesday, seeking to make a refugee claim in Canada, a team of lawyers from Toronto’s Downtown Legal Services was on high alert. They had U of T law students waiting and watching to report back from the border.

As soon as the woman — identified only as “ABC” in court documents — was denied entry under the Safe Third Country Agreement, the legal team filed a Federal Court challenge to the agreement, which they had been working on for months.

The agreement requires refugees to request protection in the first safe country they arrive in. Refugees crossing from the U.S. at official border crossings are usually denied entry into Canada. That’s part of the reason why so many risk sometimes dangerous illegal border crossings to make a refugee claim once already in the country — a legal loophole that’s permitted.

This is the second legal challenge to the agreement but the first with a person at its core.

“I feel happy and nervous and I am very thankful the lawyers are helping,” said ABC through a translator, when CBC News met her in a Toronto home on Thursday. “Canada is more humane than the U.S. In the U.S. it’s not safe, and I was worried about being sent back to El Salvador.”

Fear of gangs in El Salvador

Justice Ann Marie McDonald granted the woman a stay to live in Canada while her case is being considered. McDonald said there was clear and non-speculative evidence that she would suffer irreparable harm if she were to return to the U.S. and could even be sent back to El Salvador.

ABC’s lawyer, Prasanna Balasundaram, said that some of the strongest legal arguments in this case are based on charter rights. She is facing removal procedures in the U.S., and gender-based asylum claims in the U.S. have inconsistent results. He said that ABC has lasting psychological effects from persecution in El Salvador.

“Her family is the subject of gang violence in El Salvador,” said Balasundaram.

“I dream that all my family is together after all these years and that we don’t have to go home because of the gangs,” said ABC.

….Ottawa says U.S. safe for refugees

A spokesperson for Immigration, Refugees and Citizenship Canada said in an email to CBC News this week that “Canada has carefully analyzed recent developments in the United States, including the executive orders related to immigration and refugee matters, and determined that the U.S. remains a safe country for asylum claimants to seek protection there.”

Immigration Minister Ahmed Hussen has said there is no need to “tinker with” the Safe Third Country Agreement. This pending Federal Court challenge was brought to his attention before ABC even attempted to cross the border.

There may not be political will to challenge the U.S. over this right now, but the courts will have a say.

“I believe now it will be determined on a legal basis and not on the political climate,” said Balasundaram, who calls this a crucial first step — and only a first step — in what could take many months to a year to see through.

Toronto immigration lawyer Lorne Waldman represented Amnesty International in a 2005 court challenge to the Safe Third Country Agreement, which won in Federal Court but lost on appeal.

“It is not going to be easy to challenge,” said Waldman. “I would bet the government would not want this case to go ahead.”

In the previous case the court did not consider it a charter challenge, and there was not an individual such as ABC with a strong argument to make.

“I think the case will be heard,” said Waldman. “Its likelihood of success will depend on the evidence.”

Source: El Salvador woman at the heart of legal challenge to Safe Third Country Agreement – Canada – CBC News

Applicants for US Citizenship Surge; Mexicans Least Likely to Apply

Different trend in Canada. Country of origin differences interesting – expect that one reason for lower take-up rates for Mexican immigrants is related to the high cost of US citizenship (about CAD 1,000):

The number of legal immigrants applying for U.S. citizenship has surged by more than 20 percent since 2015, according to a recent Pew Research study – with Mexicans the least likely to apply.

Applications for citizenship were up by 21 percent in the first half of this year at 525,000, compared to the same period in 2016 when 435,000 applied, the report found.

The total number of applications in 2016 was 972,000, 24 percent higher than the approximately 800,000 who applied in 2015.

According to the report, in 2015 there were 45 million immigrants living in the U.S., of whom 11.9 million were “lawful permanent residents holding green cards.”

Among those green card holders, 9.3 million were eligible to apply for citizenship.

Of the 9.3 million, 37 percent or 3.4 million were of Mexican origin, but they were the least likely of all immigrant groups to seek naturalization.

In 2015, 67 percent of all lawful immigrants living in the U.S. and eligible for citizenship had applied – but for Mexicans the rate was considerably lower – 42 percent. That rate hasn’t changed much since then, the report found.

In comparison to the 42 percent of eligible Mexicans applying, 83 percent of those from the Middle East applied and 74 percent of those from Africa.

Middle Eastern immigrants had the highest naturalization rate among all immigrant origin groups, while African immigrants accounted for the largest increase in naturalization rate in the last decade, according to the report.

The report’s research is based on U.S. census data, a year-round survey of 3.5 million households, and a monthly survey of 55,000 households.

Source: Report: Applicants for US Citizenship Surge; Mexicans Least Likely to Apply

Groups ask Federal Court to strike down Safe Third Country deal with the U.S. – Politics – CBC News

Not entirely unexpected. Court case may as much to raise the political profile as expected a ruling in their favour:

A legal challenge is being launched against the Canada-U.S. agreement that governs where people can make asylum claims on either side of the border.

Three advocacy groups are throwing their support behind a woman being named only as “E” in asking the Federal Court to strike down the so-called Safe Third Country Agreement.

Under the deal, most people who make an asylum claim at the land border are denied entry; as a result, there’s been an influx of people crossing illegally into Canada in recent months to file asylum claims.

The Canadian Council for Refugees, Amnesty International and the Canadian Council of Churches are among the many groups urging Canada to suspend the arrangement following major changes to U.S. immigration and refugee policy since the election of President Donald Trump.

But now they’re asking the Federal Court to step in, arguing that sending claimants back to the U.S. is morally and legally wrong because it risks violating their basic rights.

The litigant in the case is described as a Salvadoran woman who fled after being targeted by a gang and who believes she won’t be protected in the U.S.

It’s not the first time the deal has been tested in court.

A legal challenge was mounted after it came into force in 2004, and while the Federal Court at the time agreed the U.S. may not be safe for all refugees, the decision was overturned on appeal.

Ensuring ‘human dignity’

“Our organizations have pressed repeatedly, expecting that Canada would move to suspend the Safe Third Country Agreement as regard for the rights of refugees has rapidly plummeted under the Trump administration,” said Alex Neve, secretary general of Amnesty International Canada in a statement.

“To our astonishment and disappointment, however, the Canadian government continues to maintain that the U.S. asylum system qualifies as safe. We are left with no choice but to turn to the courts to protect refugee rights.”

Despite the deal, there are people showing up at the land border and getting through based on the exemptions that exist, including having family already in Canada.

Data obtained under the Access to Information Act showed that over a six-day period in March, 123 people showed up at legal entry points along the border and requested asylum; 66 were judged eligible and 57 turned away.

But Canada needs to go further, Rev. Karen Hamilton, general secretary of The Canadian Council of Churches, said in a statement.

“The government of Canada has a responsibility to ensure that the human dignity of all persons is respected. So it is imperative that all who seek refuge in Canada are afforded the protections guaranteed to them under the Canadian Charter of Rights and Freedoms and international human rights treaties.”

A spokesperson for Immigration Minister Ahmed Hussen said the government’s position on the agreement has not changed, and the deal remains in force

The federal Liberals have said they believe the deal does not need to be suspended or altered, as the asylum system in the United States is still functioning.

Source: Groups ask Federal Court to strike down Safe Third Country deal with the U.S. – Politics – CBC News

What an Irrational Immigration Policy Looks Like | Commentary Magazine

Hard to argue but not optimistic regarding change:

President Trump was elected on a platform that called for deporting more illegal immigrants who committed crimes and doing more to stop illegal arrivals. In theory, there is little here that anyone can quarrel with. Few Americans other than the most extreme pro-immigration activists will dispute the need to secure our borders and to evict criminal aliens. In the quest for border security, though, we should not sacrifice our humanity or common sense.

To wit: Recently, six teenage Afghan girls assembled a robot to enter into an international robotics competition behind held in Washington this month. They had to travel 500 miles from their home city of Herat to Kabul to apply for visas at the U.S. Embassy—a trip that is far from safe, and yet they made it twice. They had to order components from abroad, and it took extra long for them to arrive because they could easily be confused with bomb-making parts. Yet after trying so hard, and assembling their robot, they were crestfallen to learn that the State Department had denied their visas.  This is all the more inexplicable and heartbreaking given that girls’ education—forbidden under the Taliban—has been one of the major achievements of the post-2001 state created at such great cost in American blood and treasure.

That’s hardly the only episode of temporary insanity resulting from the president’s new tougher immigration initiatives.

Radwan Ziadeh is exactly the kind of Syrian that the U.S. would like to see running the country. He is a young, liberal, pro-American activist. He has lived in the U.S. for the past decade, and his three children were born here. Yet the U.S. Citizenship and Immigration Services has notified him that he may soon be deported because he provided “material support” to an “undesignated terrorist organization.” The “terrorist organizations” in question were the Free Syrian Army and the Syrian Muslim Brotherhood, which, the USCIS notes, “used weapons with the intent to endanger the safety of Syrian government officials.”

What ICE’s judgment leaves out is that many of the weapons provided to the Free Syrian Army came from the United States. Ziadeh’s association with these two groups stems from his work as an organizer of Syrian opposition conferences in 2012 and 2013 in Istanbul that were sponsored by the U.S. and Canadian governments. “ In effect,” notes a Washington Post editorial, “Mr. Ziadeh is being accused of terrorism because he acted at U.S. urging (and with Canadian funding) to bring together U.S.-backed Syrian leaders.”

Amid this hysteria, the U.S. is at risk of not just sacrificing its soul but also its security.

The Pentagon launched a program in 2009 called Military Accessions Vital to the National Interest (MAVNI) to enlist foreigners with vital skills in the U.S. military. They would receive expedited citizenship in return for service. More than 10,400 troops have since served honorably and bravely under the program, bringing vital skills in such disciplines as medicine and Chinese, Pashto, and Russian language skills that are in short supply among native-born recruits. But now the Pentagon is contemplating canceling contracts for roughly 1,000 recruits who are ready to start Basic Training, thus exposing to them to the danger of deportation.

These episodes are the work of three different government departments: Rex Tillerson’s State Department is responsible for not issuing visas to the Afghan girls robotics team. John Kelly’s Department of Homeland Security is responsible for notifying Radwen Ziadeh that he is likely to be deported. Jim Mattis’s Department of Defense is responsible for possibly canceling the enlistment of 1,000 foreign-born volunteers.

The good news is that none of these decisions are irreversible—yet. There is still time for the Cabinet agencies in question to display some humanity and common sense. The risk is, in pursuit of a rational immigration policy, America could lose its mind.

Source: What an Irrational Immigration Policy Looks Like | commentary

Report: More Than Half of Hate Crimes in U.S. Go Unreported | Time.com

Canada likely has a comparable degree of under-reporting. Interesting that this analysis does not cover religiously-motivated hate crimes:

The majority of hate crimes experienced by U.S. residents over a 12-year period were not reported to police, according to a new federal report released Thursday that stoked advocates’ concerns about ongoing tensions between law enforcement and black and Latino communities.

More than half of the 250,000 hate crimes that took place each year between 2004 and 2015 went unreported to law enforcement for a variety of reasons, according to a special report on hate crimes from the Bureau of Justice Statistics. Hate crimes were most often not reported because they were handled some other way, the report said. But people also did not come forward because they didn’t feel it was important or that police would help.

The report, based on a survey of households, is one of several studies that aim to quantify hate crimes. Its release comes as the Justice Department convenes a meeting on Thursday with local law enforcement officials and experts to discuss hate crimes, including a lack of solid data on the problem nationwide. Attorney General Jeff Sessions is scheduled to speak.

The new survey shows the limits of hate crime reporting, said Brian Levin, the director of the Center for the Study of Hate and Extremism, California State University.

“Many victims don’t report hate crimes because of personal and institutional reasons,” Levin said. For example, some Latino immigrants may be reluctant to call police after an apparent hate crime for fear of deportation, he said.

Advocates fear that problem is worsening as the Trump administration ramps up immigration enforcement.

The report says Hispanics were victimized at the highest rate, followed by blacks.

“I think this report shows the kind of fear that is going on in our communities,” said Patricia Montes, executive director of the Boston-based immigrant advocacy group Centro Presente. She worries Latinos will even be more reluctant to report hate crimes in the future.

The new report said there was no significant increase in the number of hate crimes between 2004 and 2015. It cites racial bias as the top motivation, representing more than 48 percent of the cases between 2011 and 2015. Hate crimes motivated by ethnicity accounted for about 35 percent of those cases, and sexual orientation represented about 22 percent. Almost all of those surveyed said they felt they were experiencing a hate crime because of something the perpetrator said.

Law enforcement officials have long grappled with how to catalog hate crimes. While some victims’ distrust of police keeps them from coming forward, Levin said, some LGBT victims may opt not to report a hate crime for fear of losing a job or being outed to family.

Levin said many large cities are claiming they had no hate crimes — calling into question the reliability of federal hate crimes data that are based on voluntary submissions from police departments. “We have Columbus, Ohio, reporting more hate crimes than the state of Florida,” he said.

Eric Treene, the Justice Department’s special counsel for religious discrimination, lamented the lack of solid data on hate crimes during a Senate Judiciary Committee hearing in May, saying incomplete numbers stymie officials’ ability to fully understand the problem.

But he said the department is committed to prosecuting hate crimes, even as critics have blamed the Trump administration’s tough rhetoric and policies for a spike in such offenses. Civil rights groups said investigating and prosecuting hate crimes alone would be insufficient.

Source: Report: More Than Half of Hate Crimes in U.S. Go Unreported | Time.com

Think the [US] Supreme Court Isn’t Inching Us Toward Trump’s Muslim Ban? Think Again – Dean Obeidallah

Tend to agree in terms of messaging:

The U.S. Supreme Court decision on Monday reinstating a portion of President Trump’s Muslim ban is an alarming step to legitimizing anti-Muslim bigotry and possibly even one day legalizing discrimination against American Muslims. If you have any doubt, just check out Twitter, as self-professed Trump supporters cheered what they saw as being a first stepon the way to Trump’s declared goal of a “total and complete shutdown on Muslims entering the United States.”

But why wouldn’t they rejoice, considering 65 percent of GOP primary voters support Trump’s call for a total Muslim ban? Yet we are told time and time again that Trump voters were motivated by “economic anxiety” not bigotry. It’s hard to even write that line without laughing

Yes, I understand that the Supreme Court’s decision is limited in scope and that even the liberal justices apparently agreed to it until the case is fully briefed and argued in the fall, but that doesn’t in any way reduce the concern that the message sent is that Muslims don’t belong in America. A message that Trump despicably made many times on the campaign trail and even after being sworn in as president.

For example, in addition to Trump’s call for a Muslim ban, he declared irresponsibly that “Islam hates us” and lied that “thousands” of Muslims cheered in New Jersey on 9/11. And as president, Trump has made it clear with his actions that American Muslims—as opposed to foreign Muslims who give him gold necklaces or help him make money—are not a part of his view of America.

As I pointed out last week, after the recent terror attack in London by a white anti-Muslim bigot who has since been charged with terrorism, Trump offered zero sympathy on Twitter for the Muslim victims. But after the London bridge terror attack just three weeks earlier that had been perpetrated by Muslims, Trump quickly took to Twitter to not just express condolences but to gin up fears of more terrorism.

And Trump recently amplified the message that he doesn’t view Muslims as fellow Americans as Ramadan came to a close on Sunday. You see, every president since 1996 has held a dinner during Ramadan in the White House to commemorate this holiday. George W. Bush even held one the Ramadan after 9/11 to send a message to Americans that Muslims are part of the fabric of our nation. But not Trump. The man—who, when he implemented his original Muslim ban, made an exception for Christian refugees while leaving Muslim refugees to die on the killing fields of places like Syria—would not be seen sitting with American Muslims in the White House.

The Supreme Court’s ruling distressingly confirms Trump’s message that Muslims are inherently dangerous and are not like the rest of us. And just so it’s clear, this is a Muslim ban. True, it’s not a total ban on every Muslims but it’s one grounded in anti-Muslim animus. And that’s not just my opinion, but also the view of the various federal judges who have examined it.

Source: Think the Supreme Court Isn’t Inching Us Toward Trump’s Muslim Ban? Think Again

Trump win produces only tiny bump in numbers of Americans applying for Canadian #citizenship

Not surprising:

The number of Americans applying for Canadian citizenship jumped slightly after Donald Trump’s election, but numbers are still only half what they were five years ago.

New statistics from Immigration, Refugees and Citizenship Canada obtained by the National Post show an average of 400 U.S. citizens put in their applications in each the first four months of this year, compared to an average of 264 per month in 2016 — including a spike in applications in November, the month Trump was elected.

But overall — despite reports of the immigration website crashing on election night, and earnest tourism campaigns sprouting in Cape Breton, N.S. — the trend line has gone down in the past couple of years.

In the decade since 2007, applications peaked in 2011, with an average of 564 Americans per month applying to become Canadians.

A batch of data to the end of 2016 was obtained through the access-to-information system and newer numbers were provided by Immigration spokesman Rémi Larivière. The numbers do not include Americans who may have moved to Canada recently to become permanent residents, or who already live here — just those who are applying for citizenship to seal the deal.

The website for Immigration, Refugees and Citizenship Canada crashed Nov. 8 while Americans were voting in their presidential election.

In the lead-up to the election, the idea of moving to Canada became a popular tongue-in-cheek reaction to the prospect of either electoral outcome — with Americans deeply divided between supporting Donald Trump or Hillary Clinton, and many apparently voting against one or the other rather than for them. It appeared some were taking it more seriously when the immigration website crashed.

All of the traffic was not necessarily election-related, however. The first day of a new system requiring visa-free travellers to apply for Electronic Travel Authorizations was Nov. 10, and had visitors heading to the site to fill out forms and pay $7 fees.

Source: Trump win produces only tiny bump in numbers of Americans applying for Canadian citizenship | National Post

Donald Trump defies calls to appoint envoy to combat anti-Semitism around the world | The Independent

Interesting that his issue is getting more widespread coverage (Jewish and Israeli media have been covering this extensively). Hard to understand the reluctance to appoint both the envoy and maintain the staff (one can make the argument, as Tillerson has, that special envoys let other officials off the hook but overall, the absence of an envoy and staff means a lower profile domestically and internationally):

Donald Trump has defied calls to appoint a special envoy to combat anti-Semitism across the world despite growing pressure from Jewish groups and Congress.

The two remaining staffers in the US State Department’s office to Monitor and Combat Anti-Semitism are reportedly set to be reassigned next month, which will leave the branch completely unstaffed after 1 July.

Officials are yet to comment on the reported move, but insist they remain committed to fighting discrimination against Jews.

President Trump is legally required to appoint a Special Envoy to Monitor and Combat Anti-Semitism, a position created under former president George W. Bush.

Members of Congress from the Republican and Democrat parties have urged his administration to strengthen the office’s status in letters and proposed bills.

But earlier this month Secretary of State Rex Tillerson told them special envoys were not productive and said appointing one could weaken efforts to tackle anti-Semitism.

The US State Department said they had produced annual reports about human rights and religious freedom before the office was created in 2004, according to the Jewish Telegraphic Agency(JTA).

They told the JTA: “We want to ensure the Department is addressing anti-Semitism in the most effective and efficient method possible and will continue to endeavor to do so.

“The Department of State condemns attacks on Jewish communities and individuals. We consistently urge governments around the world to address and condemn anti-Semitism and work with vulnerable Jewish communities to assess and provide appropriate levels of security.

“The Department, our Embassies, and our Consulates support extensive bilateral, multilateral, and civil society outreach to Jewish communities.

“Additionally, the State Department continues to devote resources towards programs combating anti-Semitism online and off, as well as building NGO coalitions in Europe.

“We also closely monitor global anti-Semitism and report on it in our Country Reports on Human Rights Practices and International Religious Freedom Report, which document global anti-Semitism in 199 countries.”

The Anti-Defamation League has launched an online petition calling for the White House to fill the position.

The group’s CEO John Greenblatt said “maintaining the special envoy for anti-Semitism seems like a no-brainer” in an interview with the JTA.

“The idea of having a dedicated envoy who can travel around the world to raise awareness on this issue is critical,” he added.

Source: Donald Trump defies calls to appoint envoy to combat anti-Semitism around the world | The Independent

Census Finds A More Diverse America, As Whites Lag Growth : NPR

Canadian immigration and diversity numbers will be released this October:

America’s diversity remains on the rise, with all racial and ethnic minorities growing faster than whites from 2015 to 2016, the U.S. Census Bureau says in a new snapshot of the national population. The agency also found the U.S. median age has risen to nearly 38.

Asian and mixed-race people are the two fastest-growing segments of the U.S. population, the U.S. Census Bureau says. Both groups grew by 3 percent from July 2015 to July 2016. In the same 12 months, the non-Hispanic white population grew by just 5,000 people.

Non-Hispanic whites remain the only segment of the U.S. population where deaths outpace births, the agency reports.

“While all other groups experienced natural increase (having more births than deaths) between 2015 and 2016,” the Census says, “the non-Hispanic white alone group experienced a natural decrease of 163,300 nationally.”

The report adds new detail to a picture that’s been coming into focus in recent years. Last summer, for instance, the Census Bureau reported a shift in America’s youngest population, as babies of color outnumbered non-Hispanic white babies.

…In terms of national diversity, here’s the Census Bureau’s rundown. We’ve reordered the agency’s list to sort the groups by growth rate:

  • The Asian population grew by 3.0 percent to 21.4 million.
  • People who identified as being of two or more races grew by 3.0 percent to 8.5 million.
  • The Native Hawaiian and Other Pacific Islander population grew by 2.1 percent to 1.5 million.
  • The Hispanic population (including all races) grew by 2.0 percent to 57.5 million.
  • The American Indian and Alaska Native population grew by 1.4 percent to 6.7 million.
  • The black or African-American population grew by 1.2 percent to 46.8 million.
  • The white population grew by 0.5 percent to 256.0 million.
  • The non-Hispanic white alone population grew by 5,000 people, remaining at 198.0 million.