Episode 26: Streamline Rule Precludes a Complete Record


This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of the DePaul University’s College of Law, Refugee and Forced Migrations Studies Program and the Grace School of Applied Diplomacy. The podcast examines the federal government’s request for comments on a proposed Interim Final Rule involving adjudication of asylum applications.  It argues that the expedited deadlines and streamlining procedures will prevent asylum applicants from developing a complete record in support of their claims and may make it almost impossible for asylum seekers to obtain legal representation.  The Action Step below lists a link to the Interim Final Rule and the link to upload your comments.  The Resources list several different links to understand the problems with the Interim Final Rule and different templates to assist you draft your comments.

ACTION STEP
You are invited to submit comments with your personal critiques of elements of the law.

Please note, once you click on this link, you will find a “Commentator’s Checklist” at the top of the page which provides helpful guidelines in preparing your comment.  Comments must be filed before midnight, Eastern Daylight Savings time, on Tuesday, May 31.
The full proposed Interim Final Rule

The quote in the podcast from the proposed IFR regarding soliciting public opinion can be found at 87 Fed. Reg. at 18081.  The quote regarding the Immigration Judge receiving a full record can be found at 87 Fed. Reg. at 18098-99.  The quote regarding the basic purpose of the IFR can be found at 87 Fed. Reg. at 18143).

RESOURCES
The National Immigrant Justice Center submitted its comments previously.  You may review their suggestions to provide you with examples of areas of concern.  NIJC invites you to use their comments as a template, but it is important that you provide your own words and ideas with your comments.
NIJC has a shorter summary.
NIJC has also prepared a flow chart to demonstrate the complexity of the proposed rule.
Human Rights first has also provided a summary of its concerns and suggested alternatives.
If you want to prepare comments based on the two critiques in our podcast, you may follow this template below.  You can prepare your letter and upload it at the link provided above:
Submitted via https://www.regulations.gov

Rená Cutlip-Mason
Chief, Division of Humanitarian Affairs
Office of Policy and Strategy
U.S. Citizenship and Immigration Services
Department of Homeland Security
5900 Capital Gateway Drive
Camp Springs, MD 20588-0009
Lauren Alder Reid
Assistant Director, Office of Policy
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800
Falls Church, VA 22041

Re: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and Convention Against Torture Protection Claims by Asylum Officers (03/29/2021)

Dear Chief Cutlip-Mason & Assistant Director Reid,

Provide an introductory paragraph of your interest in commenting and explain your expertise and experience in assisting asylum seekers either individually or your faith-based or community-based organization. 

Determine what parts of the IFR you oppose.  The two we discuss in the podcast might include language similar to the following:

  1.  The Interim Final Rule proposed deadlines and a streamlined process that will prevent asylum seekers from obtaining legal representation or develop a full record documenting their claim.

Provide your examples of how the expedited deadlines will hinder your work.

  1. The Interim Final Rule’s proposed deadlines and streamlined process will prevent many asylum seekers from ever obtaining employment authorization, thus further weakening their ability to pursue all the remedies United States law may make available.

You may share your experiences documenting the importance of employment authorization in ensuring that our legal process works.

The quote from the Purpose of the Refugee Act of 1980.
The quote from the Preamble of the 1951 Convention Relating to the Status of Refugees.

We welcome your inquiries or suggestions for future podcasts.  If you would like to ask more questions about our podcasts or comment, email us at: mission.depaul@gmail.com

Lawful Assembly 25: Stop the Pretense That It is Just About Public Health


SHOW NOTES

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of the DePaul University’s College of Law, Refugee and Forced Migrations Studies Program and the Grace School of Applied Diplomacy. The podcast examines the “Public Health and Border Security Act of 2022” and critiques the intent of the proposal.  It argues that the implementation of Title 42 procedures in denying asylum seekers entrance to the United States masquerades as public health and violates domestic law.

ACTION STEP

1.    Church World Service:  This link provides a sample communication with your elected Senators and Representative to “Urge Congress to Reject Anti-Asylum Policies and Invest in Humane Welcome”:

https://cwsglobal.org/action-alerts/urgent-action-urge-congress-to-reject-anti-asylum-policies-and-invest-in-humane-welcome/

  1. The Welcome With Dignity Coalition offers you this sample script to call your elected representatives today: https://docs.google.com/document/d/1_pv0jLpHxLp2EF6bGOITzXKDCjhYdJmIjGuR_g1OClc/edit

Resources:

The quote from Monette Zard can be found in “Epidemiologists and Public Health Experts Implore Biden Administration to End Title 42 and Restart Asylum” at: https://www.publichealth.columbia.edu/research/program-forced-migration-and-health/press-release-epidemiologists-and-public-health-experts-implore-biden-administration-end-title-42

The National Immigrant Justice Center offers an explanation of why Title 42 must be eliminated and offers several action steps: “Exploiting the Pandemic To Expel Asylum Seekers: An FAQ On Why Title 42 Expulsions Must End at: https://immigrantjustice.org/staff/blog/exploiting-pandemic-expel-asylum-seekers-faq-why-title-42-expulsions-must-end

The Interfaith Immigration Coalition provides you with a toolkit to take action at: https://docs.google.com/document/d/1_pv0jLpHxLp2EF6bGOITzXKDCjhYdJmIjGuR_g1OClc/edit

The Welcome With Dignity offers a: “Title 42 Must Go Social Media Toolkit” at:  https://docs.google.com/document/d/1BNntgTQd427bBHM9SjDVs9UKNYWgfyUk-4uctCmnEBA/edit

The budget amounts comparing enforcement expenditures to resettlement efforts came from:  Todd Miller, “More Than a Wall: Corporate Profiteering and the Militarization of U.S. Borders,” Transnational Institute (TNI), September 16, 2019 at https://www.tni.org/files/publication-downloads/more_than_a_wall_-_executive_summary.pdf

We welcome your inquiries or suggestions for future podcasts.  If you would like to ask more questions about our podcasts or comment, email us at: mission.depaul@gmail.com

Episode 19: Expedite at What Cost?

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of the DePaul University’s College of Law, Refugee and Forced Migrations Studies Program and the Grace School of Applied Diplomacy.  The podcast requests listeners to file comments opposing DHS and DOJ proposed regulations governing Credible Fear Screening by Asylum Officers.

ACTION STEP: You can file comments opposing part of or all of the proposed regulations before 11:59 p.m. EDT, Tuesday October 19.  CLINIC, the Catholic Legal Immigration Network, Inc., has provided a sample template that provides instructions and helpful arguments to prepare and then submit your comments.  https://uchastings.app.box.com/s/qxj0pz0e7ehn8a1yontxz7gwvddad3ng

If you are unable to meet this Tuesday’s deadline, please consider corresponding with the White House and your Senators and Representative to oppose these proposed regulations.  The template offers sample language you might find helpful in communicating with elected representatives.

These proposed regulations, in the alleged name of effectiveness, efficiency, and streamlining, may preclude many deserving asylum seekers from obtaining a full and fair hearing before an Immigration Judge, and therefore, be denied asylum and other remedies.  DHS and DOJ have invited members of the public to comment on the proposals.  The template above offers a relatively simple way to respond.  The template provides significant information and resources on the failings of the proposed regulations.  You can submit your comments and also view the proposed regulations and explanation at:  https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat#open-comment

You may find more information on the proposed regulations in a summary by the Center for Gender and Refugee Studies at:   https://uchastings.app.box.com/s/651zlybechnqq4ktk5rllihkybih9mx0

Jeffrey Chase’s quote comes from his blog, “The Need for Full-Fledged Asylum Hearings,” October 6, 2021 at: https://www.jeffreyschase.com/blog/2021/10/6/the-need-for-full-fledged-asylum-hearings

The $15 million-dollar contract with the GEO Group is cited in Rafael Bernal, “US Faces Daunting Task in Relationship with Haiti,” October 10, 2021 at:

https://thehill.com/latino/576036-us-faces-daunting-task-in-relationship-with-haiti

More information on how private for-profit detention corporations undermine our nation’s commitment to access to attorneys, due process, and commitments made to asylum seekers can be found at:    Statement of the National Immigrant Justice Center (NIJC) U.S. House Committee on Homeland Security Hearing Subcommittee on Border Security, Facilitation & Operations Oversight of ICE Detention Facilities: Examining ICE Contractors’ Response to COVID-19 July 13, 2020, https://immigrantjustice.org/sites/default/files/content-type/commentary-item/documents/2020-07/NIJCStatement_HouseHomelandSecurityCommitteeHearing_2020-07-13.pdf

More information on tent courts and the difficulty attorneys face in meeting with clients to prepare cases can be found at, Mousin, Craig B., Health Inequity and Tent Court Injustice (February 1, 2021). AMA J Ethics. 2021;23(2):E132-139, Available at SSRN: https://ssrn.com/abstract=3777549

 

Lawful Assembly Episode 18: Fear of Freedom


This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of the DePaul University College of Law and the Grace School of Applied Diplomacy.  The podcast contends that United States discrimination against Haitians over the last two centuries has created a moral obligation to Haiti and its residents.  Most recently, efforts to swiftly deport Haitians, contrary to the Refugee Act’s non-return requirement, reveals how efforts to restrict Haitian asylum-seekers over the last forty years has contributed to the continual denigration of asylum protections under the Refuge Act of 1980.

ACTION STEP:  The United Church of Christ offers you a way to promptly inform your representatives that deportations to Haiti must cease at:  https://p2a.co/MnT2c4m

A petition to stop Haitian deportations:

https://actionnetwork.org/forms/sign-the-petition-demand-that-the-biden-administration-halt-all-deportations-to-haiti?source=2021EndDeportationstoHaiti_NIJC&referrer=group-national-immigrant-justice-center&eType=EmailBlastContent&eId=daa3e06b-7fb9-41d5-90db-1f488e4d0344&sl_tc=button

For additional information on the history of United States responses to Haiti and Haitian asylum seekers, Azadeh Erfani of  the National Immigrant Justice Center’s writes:  “President Biden, It is Past Time to Protect Haitian Asylum Seekers, at:  https://immigrantjustice.org/staff/blog/president-biden-it-past-time-protect-haitian-asylum-seekers

An American Immigration Council report on Haiti can be found at: Aaron Reichlin-Melnick, “Del Rio Migrant Camp Shows How Biden Administration Is Not Living Up to Its Promises” at:

https://immigrationimpact.com/2021/09/21/haitian-migrant-camp-biden-promises/#.YVSS8S1h1fE

See also, Raymond Joseph, former envoy of Haiti to Washington, “Haiti Cries Out: Where is President Biden, as My Countrymen Swelter Under a Bridge in Texas,” https://www.nysun.com/foreign/haiti-cries-out-where-is-president-biden-as-my/91660/

Former Justice Harry A. Blackmun’s quote from his dissent is at page 208 in Sale v. Haitian Centers Council, 509 U.S. 155, (1993).  His other quotes in the podcast are from his law review article, “The Supreme Court and the Law of Nations,” 104 Yale L.J. 39, 44 (1994). (https://www.jstor.org/stable/796983).

Professor Peniel Joseph’s quote can be found at: “This Is the Story of Haiti That Matters Most,” (August 20, 2021) at: https://www.cnn.com/2021/08/20/opinions/haiti-earthquake-flooding-assassination-revolution-joseph/index.html

Professor Annette Gordon-Reed’s quote can be found at:  “We Owe Haiti A Debt We Can’t Repay,” (July 21, 2021) at:  https://www.nytimes.com/2021/07/21/opinion/haiti-us-history.html

Lawful Assembly – Episode 15: Home

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of the DePaul University College of Law and the Grace School of Applied Diplomacy.  This podcast links the loss of homes felt by many of the freed slaves after the Civil War, including George Floyd’s great-great grandfather, with the loss of home many refugees face when forced to flee their nations due to state sanctioned violence and the consequences of the breakdown of the rule of law.  We face challenges both at our borders, but also when we contribute to the conditions that force families to flee their homes.  We need to address ways to provide the rule of law and justice for all.  The story of George Floyd’s family history and the loss of his great-great grandfather’s 500 acres comes from Toluse Olorunnipa and Griff Witte, “Born with two strikes, How systemic racism shaped Floyd’s life and hobbled his ambition,” https://www.washingtonpost.com/graphics/2020/national/george-floyd-america/systemic-racism/

Senn High School, located in the Edgewater neighborhood of Chicago, is one of the most diverse high schools in the nation.  Its students and their families speak over 80 languages and claim over 60 nations as their birth homes.  Congratulate its graduates and learn more about our neighborhood high school at:  https://www.sennhs.org

Frederick Douglass’ call for simple justice comes from David W. Blight, Frederick Douglass Prophet of Freedom, (N.Y., 2018), 558-59.

Rev. Garrison   Frazier and the black leaders’ activism in Savannah, Georgia comes from Eric Foner, Reconstruction, America’s Unfinished Revolution 1863-1877, (N.Y., 1988), 70.

 

Action Steps:

Information about the Community Renewal Society’s Juneteenth film screening of “Crawford: The Man the South Forgot,” can be found at:   https://www.communityrenewalsociety.org/events/juneteenth-film-amp-discussion   You can find some of the current programs CRS sponsors to seek simple justice toda at: https://www.communityrenewalsociety.org/platform?sectionscroll=just-economy

Information on the National Immigrant Justice center and the “We Are Home” campaign,  can be found at:  https://immigrantjustice.org/press-releases/civil-rights-groups-send-letter-dhs-secretary-calling-meaningful-opportunity-return

Information of the proposed Berta Caceres Human Rights Act of 2021can be found at:

https://soaw.org/BertaAct2021

 

 

Lawful Assembly Episode 12: Shared Values

This is a podcast interview with Rev. Craig B. Mousin, founder and former Director of the Midwest Immigrant Rights Center and an Adjunct Faculty member at DePaul University’s College of Law and The Grace School of Applied Diplomacy.  As the United States begins to reform immigration law in the midst of a multitude of developments at the nation’s borders, the podcast encourages us to respond to our shared values of living under the rule of law.  When our debate focuses on naming individuals as illegals prior to adjudication, it leads to gridlock.  By focusing on why we have established a refugee law and the importance of fair and just procedures, we may instead build upon those shared values.  The podcast also explains how criminal and civil law addresses those who seek to cross the border without authorization.

For information on the Border Patrol budget, see “The Cost of Immigration Enforcement and Border Security,” provided by the American Immigration Council at:  https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security  (January 21, 2021).

For information on ways to address refugees at the border without simply relying on detention, see the report by the National Immigrant Justice Center, “A Better Way: Community-Based Programming As An Alternative To Immigrant Incarceration” at https://immigrantjustice.org/research-items/report-better-way-community-based-programming-alternative-immigrant-incarceration  (April 22,2019).

For more information and sources on the impact of the Title 42 regulation closing much of our border allegedly on public health concerns, see “Health Inequity and Tent Court Injustice,” at:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3777549

Subscribe to this podcast on Apple Podcasts, Google Podcasts, Stitcher or Spotify.

Episode 7: Can It Be Fair Process?

Can It Be Fair Process Without a Fair Process to File an Asylum Application?

This episode is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member at DePaul University’s College of Law and The Grace School of Applied Diplomacy. He responds to the federal government’s proposed regulations that would change the time limit for filing an asylum application before an Immigration Judge. These proposed rules will hinder the ability of individuals to pursue cases without lawyers and increase the difficulty of pro bono representation by volunteer lawyers.   We encourage you to file your own comments opposing part or all of the proposed procedures and asking the government to withdraw the entire proposed rule.  To assist you in obtaining a link to the proposed procedures or in filing your comment, you may incorporate your remarks into one of the templates provided by the following:

Our colleagues at the National Immigrant Justice Center have provided sample comments and a link to file comments at:   https://immigrantjustice.salsalabs.org/protectasylum/index.html?eType=EmailBlastContent&eId=4dcbbfd7-b673-4263-9b92-abc70008cc18

You may also find the American Immigration Lawyers Association’s template at: https://www.aila.org/takeaction#/89

Both websites provide additional information on how the proposed regulations prevent bona fide applicants from litigating their cases.  To be accepted by the government, please ensure your comments are filed on or before 11:59 p.m. EDT, Friday, October 23, 2020.

The critical point remains that you choose at least one element of the proposed rules that you believe is incompatible with our nation’s commitment to fair process to achieve justice and make your voice heard.

If you are curious about the details necessary to file a complete asylum application, you can view the ten-page form and the instructions at:  https://www.uscis.gov/i-589

 

Please note, American Baptist Churches v. Thornburgh,  760 F.Supp. 796 (N.D. Ca. 1991), was actually settled on January 31, 1991 instead of 1990 as stated in the podcast.    

 

 

Episode 4: Help Our System of Justice Work Best

This episode is an interview with Rev. Craig B. Mousin, founder and former Executive Director of the Midwest Immigrant Rights Center which later became the National Immigrant Justice Center (www.immigrantjustice.org), and an Adjunct Faculty member at DePaul University’s College of Law and The Grace School of Applied Diplomacy. He responds to the federal government’s proposed regulations that would limit the discretion of Immigration Judges and change the procedure for appeals to the Board of Immigration Appeals.  These proposed rules will hinder the ability of individuals to pursue cases without lawyers and increase the difficulty of pro bono representation by volunteer lawyers.   Cumulatively, if implemented, they will harm our communities and undermine our system of justice.  We encourage you to file your own comments opposing part or all of the proposed procedures and asking the government to withdraw the entire proposed rule.  To assist you in obtaining a link to the proposed procedures or in filing your comment, you may incorporate your remarks into one of the templates provided by the following:

Our colleagues at the Catholic Legal Immigration Network, Inc. have provided sample comments and a link to file comments at:  https://cliniclegal.org/resources/federal-administrative-advocacy/clinic-template-comment-eoir-proposed-rule

You may also find the American Immigration Lawyers Association’s template at:

https://www.aila.org/takeaction#/88

Both websites provide additional information on how the proposed regulations restrict access to the courts and prevent bona fide applicants from litigating and their cases.  To be accepted by the government, please ensure your comments are filed on or before 11:59 p.m. EDT, Friday, September 25, 2020.

The critical point remains that you choose at least one element of the proposed rules that you believe is incompatible with our nation’s commitment to fair process to achieve justice and make your voice heard.

Justice Ginsburg’s law review article, “In Pursuit of the Public Good: Access to Justice in the United States,” 7 Washington University Journal of Law & Policy 1, 8 (2001) can be found at: https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1534&context=law_journal_law_policy

The Seventh Circuit Court of Appeals case can be found at page 8 of Meza Morales v. Barr, 2020 WL 5268986, (7th Cir.).

The TRAC Immigration report from Syracuse University on “The Life and Death of Administrative Closure” can be found at:  https://trac.syr.edu/immigration/reports/623/ (September 10, 2020).

Please share this podcast and links with members of your community or faith organizations, family members and friends.  Encourage them to file comments to help ensure that our nation continues its commitment to a fair process and access to justice.  Thank you for your consideration of this request.