proposed rules

Lawful Assembly Podcast: Episode 32: “Fear Not”

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Show Notes

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of DePaul University’s College of Law, Refugee and Forced Migration Studies Program, and the Grace School of Applied Diplomacy. The podcast explores how the claim for a fully secure border has stalled immigration reform for over three decades.  It calls for comprehensive immigration reform to address many of the issues the failed policies of detention and deportation have been unable to resolve.

ACTION STEP

The American Friends Service Committee (AFSC) is hosting a week of action highlighting the theme “migration Join AFSC, the Interfaith Immigration Coalition (IIC), and #WelcomeWithDignity  You can find suggestions for action at: bit.ly/AsylumDay22Toolkit  

RESOURCES

The Prophet Haggai’s words are at Haggai 2:5 and the angels’ proclamation at Luke 2:10 (KJV).

Governor Johnston’s 1776 “Address in Answer to the King’s Speech” was quoted in Jack P. Greene, The Constitutional Origins of the American Revolution, (Cambridge University Press, 2011), p. 166.

John Higham’s “American cosmopolitan faith” can be found at “Instead of a Sequel, or How I Lost My Subject,” Reviews in American History 28 (2000), 327, 329, cited by Jerry Kammer, “Historian John Higham’s Widening Views on Modern Efforts to Limit Immigration, It’s Not All About Nativism,” May 23, 2010, https://cis.org/Historian-John-Highanms-Widening-Views-Modern-Efforts-Limit-Immigration.   His comment on the disparities can be found at “Sequel,” p. 330.

The mileage of our borders is in, R. Jones, Nobody is Protected, How the Border Patrol Became the Most Dangerous Police Force in the United States, (Counterpoint, Berkeley, 2022), p. 45.

Information on the safety statistics:

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 26: Streamline Rule Precludes a Complete Record

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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 Podcast Episode 23: What the heck is a proposed rule? (and other questions)

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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 responds to questions raised by our listeners about the importance of responding to proposed federal regulations.  In five of our previous podcasts we invited you to file responses to proposed regulations or federal rules impacting how our nation treats asylum seekers and refugees.  We have been asked why engage in submitting comments and what else can one do to expand hospitality within our nation?

If you are seeking additional immigration on asylum issues such as limiting asylum applications or restricting admissions based on public health considerations, visit the National Immigrant Justice Center’s resource page at:  https://immigrantjustice.org/issues/asylum-seekers-refugees

If you would like more information on the work of the DePaul College of Law Asylum and Immigration Law Clinic, visit:  https://law.depaul.edu/academics/experiential-learning/legal-clinics/asylum-immigration/Pages/default.aspx

If you would like more information on refugee resettlement programs, re-visit Podcast 10, “Rebuild Refugee Resettlement,” where you will also find information about Chicago-area refugee resettlement programs:

The Catholic Charities of the Archdiocese of Chicago Refugee Resettlement Program

Ethiopian Community Association of Chicago

RefugeeOne

World Relief Chicagoland Refugee Resettlement

Heartland Human Care Services

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?

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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