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CMS Migration Update is a weekly digest of news and other information related to national and international migration. It is designed to educate faith leaders regarding vulnerable immigrant populations, developments in the immigration field, pastoral resources and the religious touchstones of diverse faith traditions on migrants and newcomers. It should not be relied upon to provide advice or counsel in immigration cases. The publication is provided by the Center for Migration Studies of New York (CMS), an educational institute/think-tank devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees and newcomers. CMS is a member of the Scalabrini International Migration Network, an international network of shelters, welcoming centers, and other ministries for migrants.
Thomas J. Shea
Editor
Rachel Reyes
Director of Communications
March 8, 2016

Europe Refugee Crisis: People Stuck at Greece-Macedonia Border Face Growing Misery

CBC News (March 5, 2016)
 
Approximately 30,000 refugees and migrants trying to enter central and northern Europe are stranded in Greece because countries along the “Balkan corridor” are blocking border crossings. This has prompted Apostolos Tzitzikostas, governor of the Greek region of Central Macedonia, to urge the Greek government to declare a state of emergency. Around 13,000-14,000 refugees and migrants are reportedly stranded in the Greek village of Idomeni on the border with Macedonia. An additional 6,000-7,000 refugees and migrants are being housed in refugee camps around the region. Men, women, and children primarily from Afghanistan, Syria, and Iraq are sleeping outside in freezing weather and are depending on aid agencies for food, water, firewood and other necessities.
 
To read more, visit http://www.cbc.ca/news/world/europe-migrants-unhcr-1.3477517.

Can a 3-Year Old Represent Herself in Immigration Court? This Judge Thinks So.

The Washington Post (March 4, 3016)
 
In a deposition for a case pending in a Seattle federal court, Assistant Chief Immigration Judge Jack H. Weil asserted in sworn testimony that 3- and 4-year olds can learn immigration law well enough to represent themselves in court. Judge Weil’s comments are significant because he is responsible for training the nation’s immigration judges and court personnel – including training on how to treat children in immigration court. The American Civil Liberties Union (ACLU) and immigrant rights groups are suing the US government to provide appointed counsel to all indigent children who cannot afford an attorney in removal (deportation) proceedings. Currently, no one, not even a child, has a right to court appointed counsel in removal proceedings, unlike people in criminal proceedings. The article reveals that the government presented Judge Weil as an expert witness in the case. According to the article, legal and child psychology experts were quick to condemn Judge Weil’s statement. The article quotes the plaintiff’s expert witness Temple University psychology professor Laurence Steinberg as saying, “Three- and 4-year-olds do not yet have logical reasoning abilities. It’s preposterous, frankly, to think they could be taught enough about immigration law to be able to represent themselves in court.”  
 
To read more, visit https://www.washingtonpost.com/world/national-security/can-a-3-year-old-represent-herself-in-immigration-court-this-judge-thinks-so/2016/03/03/5be59a32-db25-11e5-925f-1d10062cc82d_story.html.

Supreme Court Sets April Hearing for Immigration Case

The Hill (March 4, 2016)
 
The US Supreme Court has set Monday, April 18, 2016 as the date when they will hear oral arguments in the case, United States v. Texas. The case was brought by 26 states claiming that two of President Obama’s executive action programs “would increase their costs for healthcare, law enforcement, and education” if implemented. In November 2014, President Obama announced an expansion of the 2012 Deferred Action for Childhood Arrivals (DACA) program and the creation of the Deferred Action for Parents of US citizens and Lawful Permanent Residents (DAPA) program. According to the article, these programs could provide temporary relief from deportation to up to 5 million undocumented people. Due to the lawsuit, DAPA and expanded DACA have been on hold since February 2016. Qualifying undocumented immigrants can still apply under the 2012 DACA program. Texas, the lead plaintiff in the case, claims that it will suffer a financial burden because it will have to cover the cost of issuing driver’s licenses to program beneficiaries. The article states that the Supreme Court will consider whether: (1) the executive action programs are legal; (2) the states have standing (sufficient stake) to sue the US government; and (3) the US government should have allowed for a “notice and comment” period before implementing the programs.
 
To read more, visit http://thehill.com/regulation/court-battles/271796-supreme-court-sets-april-date-for-immigration-case.

US Pays to Feed and Shelter Cuban Migrants Stranded in Costa Rica

The New York Times (March 4, 2016)
 
This article reports that the Obama administration has pledged $1 million dollars to help provide temporary housing, drinkable water, food, sanitation, and hygiene kits to Cubans who are stranded in Costa Rica while attempting to migrate to the United States. Cubans receive special treatment under US immigration law. Unlike other migrant groups, if Cubans make it to the United States and meet certain requirements, they can apply for a green card. Meanwhile Central American migrants who arrive at the US-Mexico border are placed in detention for removal (deportation) proceedings. According to the article, the United States has been pressuring Mexico and other Central American countries to block the passage of Central American migrants to the United States. The United States has committed to providing $1 million to assist the Cuban migrants, which it characterized as a one-time payment for immediate humanitarian aid to vulnerable migrants in Costa Rica. The article quotes Kevin Appleby, Senior Director of International Migration Policy for CMS as stating, “It’s a double standard for sure...We are not doing that for the Central American children who are more vulnerable. We are not paying for their shelters in Mexico.”  Mr. Appleby also noted that while the United States has paid Mexico to increase deportations, the US government is embarrassed by the inconsistency of paying to house one group of migrants yet paying to interdict and deport “even more vulnerable populations.”
 
To read more, visit http://www.nytimes.com/2016/03/05/world/americas/us-pays-to-feed-and-shelter-cuban-migrants-in-costa-rica.html?emc=edit_tnt_20160304&nlid=47251438&tntemail0=y&_r=0.

Canada's Immigration Website Saw US Traffic Spike on Super Tuesday

CTV News (March 4, 2016)
 
The number of American internet provider (IP) hits on the Citizenship and Immigration Canada’s (CIC) website on Super Tuesday (March 1st) reportedly jumped by 20,000 from the week before. This year, Super Tuesday was the day when 12 US states and one territory held their primaries for candidates for the US presidency. CIC is the department of the Canadian government that regulates immigration and citizenship. The CIC website provides information about how to immigrate to Canada. While Americans often joke about moving to Canada if someone they dislike becomes US president, the article asserts that the far-above-average spike in visits to the CIC website indicates that some people might be serious about moving. The article also reports the large number of tweets on Twitter from people, who are so upset with either Donald Trump or Hillary Clinton possibly becoming US president that they are declaring that they would move to Canada.
 
To see more, visit http://www.ctvnews.ca/canada/canada-s-immigration-website-saw-u-s-traffic-spike-on-super-tuesday-1.2804855.

Buy This Passport (Podcast)

NPR Planet Money (March 2, 2016)
 
Saint Kitts and Nevis is a tiny Caribbean two-island nation and the birth place of Alexander Hamilton, a founding father of the United States. After several severe hurricanes caused widespread damage to the country and the sugar industry – its primary industry – collapsed, the government pursued an experimental program to sell “Kittitian” citizenship like they would sell any other product, such as oil, to help the country rebuild. The country provided two options for citizenship: donate $250,000 to the country or invest $400,000. The government intended to set the price high enough to attract the right kind of people while also conducting background checks so as not to give citizenship to criminals. One of the benefits of having Kittitian citizenship is that Kittitians can travel visa-free to over 100 countries. People who buy St. Kitts citizenship are not required to live in the country. At one point, the country was selling citizenship to 2,000 people per year; many of whom never visited the country. After a businessman from Kazakhstan, who was wanted for embezzlement, entered Canada on a Kittitian passport and after an Iranian national entered Canada on a Kittitian diplomatic passport, Canada stopped visa-free admission to the country for those traveling on a Kittitian passport. The United States followed suit soon thereafter. The industry in selling Kittitian citizenship collapsed and as a direct result the president of Saint Kitts and Nevis was thrown out of office. Nevertheless, other countries are copying the program. Malta is reportedly selling citizenship (with access to a European Union passport) for $1.5 million.
 
To listen to more, visit http://www.npr.org/sections/money/2016/03/02/468953007/episode-687-buy-this-passport.

Be Foundation: Derecho a la Identitad (Spanish)

 
Since 2010, Be Foundation Derecho a la Identidad, a Mexican non-governmental organization, has been working to reform the Mexican constitution in order to establish an individual’s rights to an identity and to universal, free and timely birth registration. The lack of documentation to prove identity and nationality limits an individual’s ability to exercise their human rights and access basic services. In addition, many Mexican migrants who enter the United States lack a birth certificate or proof of citizenship. This “doubly undocumented” population can be particularly vulnerable, as they are unable to claim rights and benefits as immigrants, including Mexican consular protection. In addition, an individual who cannot prove their nationality is effectively stateless. Therefore, if apprehended by US immigration authorities, they cannot be deported to their country of origin. Last week, Mexico’s committee on foreign affairs unanimously approved an initiative to reform Article 44 to permit consulates to register Mexican nationals in the United States.  Mexico’s House of Representatives is next set to consider the initiative.
 
To learn more about the organization, visit http://derechoalaidentidad.org/ and https://www.facebook.com/BeFoundation/.

Refugee Crisis: France Clears Part of Calais 'Jungle'

Al-Jazeera (March 1, 2016)
 
The “Jungle” is a makeshift refugee camp built on a former toxic waste dump on the outskirts of Calais, France. On February 29th, demolition workers for the government started destroying and clearing away shelters in a portion of the camp. The article reports that this resulted in clashes between migrant and refugee residents of the camp and riot police, who threw tear gas canisters at the residents. The government is trying to move the residents to accommodations either nearby or in other parts of France. Residents of the camp, however, do not want to leave the area because they are ultimately trying to make it to Britain, and Calais offers the opportunity for them to sneak onto lorries or ferries crossing the English Channel. According to the article, the Jungle is a factor in Britain potentially leaving the European Union. Britain is reportedly pressuring France to block the flow of migrants from Calais and has funded increased security in Calais to stop the flow of migrants.  
 
To read more, visit http://www.aljazeera.com/news/2016/03/refugee-crisis-france-clears-part-calais-jungle-160301035416219.html.

Lutheran Immigration and Refugee Service seeks Vice President for Programs


Lutheran Immigration and Refugee Service (LIRS) is recruiting a Vice President for Programs. The successful candidate for this position will lead the development of strategies to advance program goals and will align the department with organizational priorities and values. Reporting to the President and CEO, the VP for Programs is responsible for applying the mission, vision and values of the organization and integrating those into the design and implementation of programmatic work, and creating the programmatic systems and relationships that effectively meet the programmatic goals. The VP works with directors to develop program plans so that migrants and refugees are protected, empowered and embraced. S/he will collaborate with leadership and departments across the organization to ensure that advocacy for migrants and refugees is integrated into the organization's programmatic work.

To learn more, visit http://lirs.iapplicants.com/ViewJob-719363.html. 

WASHINGTON DC UPDATE


On March 1st, the US Department of Justice (DOJ) filed its brief in the case of the United States v. Texas which will be heard by the US Supreme Court this spring and decided before the court adjourns at the end of June.
 
The case involves the constitutionality and applicability of the executive actions on immigration promulgated by the Obama Administration on November 20, 2014. The actions expanded eligibility for the DACA program and created the DAPA program. More than 5 million undocumented persons could receive deferred deportation and work permits if the Supreme Court rules in favor of the Administration.
 
In the meantime, the House of Representatives approved a resolution authorizing the filing of an amicus brief in support of the 26 states which have challenged the authority of the executive actions. An interfaith group amicus brief and amici from other immigration organizations will also be filed in the case.
 
Legislation which would require the provision of counsel, at government expense, to unaccompanied alien children in removal proceedings was introduced in the US House of Representatives on February 26 by Representative Zoe Lofgren (D-CA). HR 4646, also known as the “Fair Day in Court for Kids Act of 2016,” is the companion bill to S.2540, introduced in the US Senate by Senator Harry Reid (D-NV). 
 
On February 24, Vice-President Joe Biden met with the leaders of the northern triangle countries of Central America in Washington: Salvador Sanchez Ceren of El Salvador; Jimmy Morales of Guatemala; and Juan Orlando Hernandez of Honduras. The group discussed the current crisis in Central America, including ways to prevent migration and to address violence in the region. Their joint communique can be found at https://www.whitehouse.gov/the-press-office/2016/02/25/blair-house-communique-joint-communique-presidents-el-salvador-guatemala.

If you are a migrant or pastoral worker and wish to submit an article or reflection to the CMS Migration Update, please email Tom Shea at tshea@cmsny.org
Copyright © 2016 Center for Migration Studies, New York, All rights reserved.


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