The Demon-Haunted Election

In his 1995 book The Demon-Haunted World: Science as a Candle in the Dark, astrophysicist Carl Sagan explains the scientific method and encourages non-scientists to think skeptically and critically about science and pseudo-science (in Dr. Sagan’s telling, pseudo-science includes topics such as ghosts, psychic abilities, and witchcraft). He laments the failure of our institutions to educate the populace to distinguish fact from fiction, and explains how the scientific method is not a belief system, but rather a tool for discovering the truth.

I can’t say that I am 100% onboard with Dr. Sagan’s theses, as I feel he leaves too little room for subjective human experiences, whether those are religious revelations or more esoteric phenomena, such as alien abductions and bigfoot sightings. However, as a basis for policy-making in the real world, unverifiable subjective experiences–or claiming one’s own “truth” regardless of the facts–can be downright dangerous. 

Exhibit A in that regard is the Trump campaign, which is largely untethered from anything close to reality. The “demons” that haunt Mr. Trump’s world are not abstract pseudo-scientific concepts. Rather, they are flesh and blood human beings, who are routinely lied about and scapegoated, and who are suffering real harm as a result.

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Federal Court Strikes Down Biden Border Policy, Delighting Immigration Advocates and Trump Campaign Officials

Last week, a federal court struck down President Biden’s border enforcement rule, known as the Circumvention of Normal Pathways rule. The decision jeopardizes “the administration’s strictest deterrence measure to date and comes as illegal border crossings have plunged to their lowest level since President Joe Biden’s first full month in office.”

Today, we’ll discuss the Biden Administration’s rule, why a judge found that the rule is illegal, and the practical and political implications of the court’s ruling.

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President Trump’s Immigration Team: Where Are They Now?

They say that time wounds all heels. In the case of President Trump’s immigration advisors–who implemented racist and anti-Muslim policies, separated parents from children, and generally tried to destroy due process of law in our immigration system–that old saw is largely dis-proven, at least for most of the people we’ve managed to track down. A year and half after Mr. Trump left office, many of his senior advisors seem to be doing just fine. Some have retired. Others have moved on to (seemingly) lucrative employment in high-level private sector positions. Here, we’ll catch up with a few of our old friends from the prior Administration, and find out: Where are they now?

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PTSD (Post Trump Stress Disorder)

It’s been more than 100 days since President Biden took office, and I have to say, I don’t think my clients or my fellow lawyers are feeling a whole lot better about the U.S. immigration system. This gut feeling is now backed up by data, thanks to a new report from the American Immigration Council (“AIC”), which shows the slow pace of improvement at USCIS.

As you may recall, the Trump Administration spent four years trying to dismantle the U.S. immigration system. And while certain immigrants (from Norway, for example) were theoretically welcome, most were not. The Administration never managed to amend the immigration law, but it did implement a number of rule-making, personnel, and policy changes designed to block non-citizens from obtaining legal status in our country.

For asylum seekers, these changes included making it more difficult and much slower to obtain a work permit, rejecting asylum applications for nonsensical reasons, focusing resources on fraud rather than adjudication, lengthening the Green Card process for asylees, and dramatically slowing the follow-to-join process for overseas family members of people granted asylum. The Administration made other changes that increased the backlogs in Immigration Court (where we recently passed 1.3 million pending cases) and the Asylum Office (386,000+ pending cases). Also, overall processing times at USCIS increased by 61% between FY2016 and FY2020. On top of the bureaucratic barriers, Mr. Trump’s Attorneys General issued decisions narrowly interpreting the asylum law, thus making it more difficult for applicants to obtain protection. 

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The Alternate Universe of a Trump Official

A whistleblower named Brian Murphy recently got attention for his claim that DHS officials ordered him to stop investigating Russian interference in the 2020 election. Until he was demoted a few months ago, Mr. Murphy ran the DHS Office of Intelligence and Analysis (“DHS I&A”).  In the same complaint, Mr. Murphy also alleges that Acting … Read more

The Republican Party “Platform” on Asylum

As you’ve probably heard, the Republican Party has not adopted a new platform for 2020. Instead, they resolved that the “Republican Party has and will continue to enthusiastically support the President’s America-first agenda.” I find this frightening. The whole point of a platform is to get together (perhaps virtually) to discuss/debate the party’s priorities and … Read more

All the Bad News that’s Fit to Print (Updated 06/17/20, 06/18/20 – and it ain’t all bad!, 06/19/20)

[Updates to this post will appear at the bottom of the article] There is an overwhelming amount of bad news these days. You’ve probably heard about the coronavirus pandemic and the upheavals caused by racial injustice, but in the last couple weeks, there has also been a flurry of bad news in immigration-world. We could … Read more