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"content": "\u003cp>“Go back to where you came from.”\u003c/p>\n\u003cp>It’s an insult that, unfortunately, many of us have heard. For writer, playwright and political commentator Wajahat Ali, \u003ca href=\"https://www.npr.org/2022/01/25/1075283913/wajahat-alis-go-back-to-where-you-came-from-is-biting-and-funny-and-full-of-hear\">it’s also the title of his new book\u003c/a> — a memoir he calls “a love letter to a country that doesn’t love us back.”\u003c/p>\n\u003cp>The book traces Ali’s childhood in Fremont through his activism as a UC Berkeley student after 9/11, and the challenges he’s faced as a son, a father and a writer. It chronicles his near-death from a heart condition, his young daughter getting cancer and his parents going to jail. The book is also, somehow, hysterically funny.\u003c/p>\n\u003cp>Ali shared some of his reflections about Islamophobia, humor and resilience with The California Report Magazine host Sasha Khokha.\u003c/p>\n\u003cp>\u003cem>Interview excerpts have been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>On representations of South Asians and Muslims in pop culture\u003c/h2>\n\u003cp>Growing up as a child of the ’80s and ’90s, I inhaled American pop culture. Growing up, you don’t sit there and go, “I am a Muslim Pakistani son of immigrants. I am left-handed and wearing Husky pants.” You’re like, “I’m just a kid and I’m an American.”\u003c/p>\n\u003cp>But you internalize being the other. You see movies where you are either the sidekick, the villain or you’re completely invisible. Like action movies where Chuck Norris used to go to Middle Eastern countries and just blow up swaths of brown people all the time. He was the hero and you’re rooting for him. Or you’re watching that movie “Indiana Jones and the Temple of Doom.” Even then, as a 5-year-old, I’m like, “This is not how my people are. We don’t eat chilled monkey brains or drink eyeball soup.”\u003c/p>\n\u003cp>But then you don’t realize, oh, the joke’s on me. I’m the bad guy. What does that do to your sense of self-worth, your self-esteem, your image of beauty? When you look at yourself in the mirror, do you love yourself or do you hate yourself? Are you taught to hate the color of your skin, the shape of your nose, your ethnic last name? Many people, without ever really thinking about it, internalize these images, for the rest of their lives.\u003c/p>\n\u003cp>\u003cem>An excerpt from “Go Back to Where You Came From”:\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>I’m about as American as chicken korma, apple pie, and chai, but even after forty years, I’m still told to “go back.”\u003c/p>\n\u003cp>Where, exactly?\u003c/p>\n\u003cp>In America, who (and what) are you when you’re both “us” and “them”? When I’m a native but seen as a foreigner? When I’m a citizen but also seen as a perpetual suspect? When I’m your neighbor but also seen as an invader? When I’m a cultural creator but also seen as an eraser of white identity and European civilization?\u003c/p>\n\u003cp>According to mainstream code, I will never be “ordinary” or “a real American” from the “Rust Belt” (unless you consider California the heartland which, let’s face it, no one does). My parents are seen by some as potential terrorists because they’re from Pakistan, even though they’ve lived in this country for over forty years.\u003c/p>\n\u003cp>Can I be a “real” American when I’m not white no matter how much Fair & Lovely cream I slather on my skin? The answer in 2022 is “Yes, but with conditions.”\u003c/p>\n\u003cp>But I don’t want conditional love. I want more from America and my fellow Americans.\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_11903778\" class=\"wp-caption aligncenter\" style=\"max-width: 832px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903778 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/young-waj-fam-e1643842585110.jpeg\" alt=\"group family photo of 5 people\" width=\"832\" height=\"652\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110.jpeg 832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110-800x627.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110-160x125.jpeg 160w\" sizes=\"(max-width: 832px) 100vw, 832px\">\u003cfigcaption class=\"wp-caption-text\">A young Wajahat Ali (far left) with family, including his parents and grandmother. \u003ccite>(Courtesy Wajahat Ali)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>On life as a young Muslim in post-9/11 America\u003c/h2>\n\u003cp>I was liberal in college and was, I guess you could say, an accidental activist. But a lot of it was book learning. Let me be blunt, and some people might not like to hear this, but a lot of those kids are good, well-intentioned kids who haven’t lived those experiences.\u003c/p>\n\u003cp>They read about poverty. They haven’t tasted poverty. They read about oppression. They’ve never been oppressed. They’re like cul-de-sac social justice warriors, right? Their heart is in the right place. Their mind is in the right place. I was like that, but I didn’t really taste it. My [immigrant] parents tasted it. But they protected me. So I was kind of in a suburban, protected shell living the American dream. A kid who was at UC Berkeley and was thinking about going to law school.\u003c/p>\n\u003cp>Then 9/11 happened, and overnight we became citizens and suspects. Overnight, we became terrorists. The American story had a remake, and tag, Muslims were it.\u003c/p>\n\u003cfigure id=\"attachment_11903780\" class=\"wp-caption alignright\" style=\"max-width: 980px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903780\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/9780393867978.jpg\" alt=\"\" width=\"980\" height=\"1480\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978.jpg 980w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978-800x1208.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978-160x242.jpg 160w\" sizes=\"(max-width: 980px) 100vw, 980px\">\u003cfigcaption class=\"wp-caption-text\">Wajahat Ali’s new memoir transforms a painful phrase into a hilarious exploration of Islamophobia and racism. \u003ccite>(Courtesy W.W. Norton and Co.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>We were the villains. Not just Muslims, but those who look Muslim-y. All of a sudden the entire target was on our back. This country went mad after 9/11. This country went so crazy, we renamed french fries as freedom fries. This country went so nuts that they canceled Susan Sontag. They canceled the Dixie Chicks, who are like the whitest women on Earth.\u003c/p>\n\u003cp>So what do you think they were doing to Muslims? They were surveilling us. They were entrapping us. They went after our organizations. They went after our charities. What is the type of effect that has on Muslims? A chilling effect. Fear. There were hate crimes against Muslim women.\u003c/p>\n\u003cp>All this was happening as I was a student at UC Berkeley. Overnight I became this accidental activist and this representative of this thing called “Islam” and “Muslims.”\u003c/p>\n\u003cp>I learned then that we would have to be something called the “moderate Muslim” in order to be accepted by America. That meant condemning violent acts done by people we’ve never met. Even if we condemned violent acts, and no matter how nice and shiny, we were still seen as suspects. That’s what happened, and we realized, “Oh crap, we’re not white. We’re actually, for a brief moment, living the Black experience in America.”\u003c/p>\n\u003ch2>On ‘actively investing’ in joy and humor\u003c/h2>\n\u003cp>I think humor is important for us to simply have catharsis, to have joy. For people of color to have joy.\u003c/p>\n\u003cp>The two things that have surprised people most about the book is that people didn’t expect it to be so funny, and people didn’t expect it to end on such a hopeful note, and they needed that hope. The hope that I try to give in the book is an earned hope, not a Hollywood Hallmark hope, where they tie on a bow at the end to make you feel better, like cotton candy. It tastes good for the moment, but afterwards you feel really bad and you get angry, right?\u003c/p>\n\u003cfigure id=\"attachment_11903781\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903781\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Wajahat-Ali-author-photo-scaled-e1644023476196.jpg\" alt=\"profile headshot with bright pink background\" width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">Author Wajahat Ali has written for The Atlantic, The Washington Post and The New York Times and appeared as a political commentator on CNN. \u003ccite>(Danin Dahlen/HuffPost)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Earned hope is confronting the demons, acknowledging them. Walking through the [forest] of horrors and then coming out with the scars and the wounds, but still standing. The journey of horrors, which is the life of so many Americans who still haven’t tasted the American dream. They’ve lived the American nightmare. And this pandemic, which has flattened us but flattened us unequally and revealed the wonderful X-ray of this country — all of its goodness and badness — perfectly laid bare.\u003c/p>\n\u003cp>As so many are suffering, I have made the decision in life to actively invest in joy. You have to actively invest in it like exercise. You have to make the intention and then you have to develop the discipline, because for so many of us, we don’t get joy, we don’t get to laugh. Instead, the narrative that we were taught was suffer, but suffer well. Suffer but suffer proud. Suffer, but suffer silently. Smile, even though you’re crying inside.\u003c/p>\n\u003cp>When [our then-2-year-old daughter] Nusayba was diagnosed with cancer, my wife and I could have easily gone to this mental quicksand of, “Why us? Why us? Why, God?” You’ll never receive an answer to that. That whisper eats away and destroys you. But instead, we said, “This is life. Life happens.” There’s good and there’s bad. Bad things happen to good people. Good things happen to bad people. It’s how we choose to confront it.\u003c/p>\n\u003cfigure id=\"attachment_11903779\" class=\"wp-caption aligncenter\" style=\"max-width: 960px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903779\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/sleeping-dad-2015.jpeg\" alt=\"\" width=\"960\" height=\"956\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015.jpeg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015-800x797.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015-160x159.jpeg 160w\" sizes=\"(max-width: 960px) 100vw, 960px\">\u003cfigcaption class=\"wp-caption-text\">Wajahat Ali, a tired dad, in 2015. \u003ccite>(Courtesy Wajahat Ali)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>I remember I used to sit there at night after my kids went to sleep during my daughter’s stage-four cancer, where we didn’t know if she’d survive. I imagined burying her. I imagined her dying. I imagined [calling her grandparents], saying she died, because I had to prepare myself as the father. But then I made the choice of imagining her alive and healthy, wearing her “Encanto” Isabella dress, full of life. I chose to invest in that story.\u003c/p>\n\u003cp>Even though it feels like you’re on the edge of the cliff and the cliff is falling, you know, you never know, sometimes the page turns and brings with it a plot twist, and it leads to a better story. And [after being diagnosed with a serious heart condition], I should be dead. Literally, I should be dead. But here I am talking to you. Still alive. My daughter is still alive. So how can I not invest in hope?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>“Go back to where you came from.”\u003c/p>\n\u003cp>It’s an insult that, unfortunately, many of us have heard. For writer, playwright and political commentator Wajahat Ali, \u003ca href=\"https://www.npr.org/2022/01/25/1075283913/wajahat-alis-go-back-to-where-you-came-from-is-biting-and-funny-and-full-of-hear\">it’s also the title of his new book\u003c/a> — a memoir he calls “a love letter to a country that doesn’t love us back.”\u003c/p>\n\u003cp>The book traces Ali’s childhood in Fremont through his activism as a UC Berkeley student after 9/11, and the challenges he’s faced as a son, a father and a writer. It chronicles his near-death from a heart condition, his young daughter getting cancer and his parents going to jail. The book is also, somehow, hysterically funny.\u003c/p>\n\u003cp>Ali shared some of his reflections about Islamophobia, humor and resilience with The California Report Magazine host Sasha Khokha.\u003c/p>\n\u003cp>\u003cem>Interview excerpts have been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>On representations of South Asians and Muslims in pop culture\u003c/h2>\n\u003cp>Growing up as a child of the ’80s and ’90s, I inhaled American pop culture. Growing up, you don’t sit there and go, “I am a Muslim Pakistani son of immigrants. I am left-handed and wearing Husky pants.” You’re like, “I’m just a kid and I’m an American.”\u003c/p>\n\u003cp>But you internalize being the other. You see movies where you are either the sidekick, the villain or you’re completely invisible. Like action movies where Chuck Norris used to go to Middle Eastern countries and just blow up swaths of brown people all the time. He was the hero and you’re rooting for him. Or you’re watching that movie “Indiana Jones and the Temple of Doom.” Even then, as a 5-year-old, I’m like, “This is not how my people are. We don’t eat chilled monkey brains or drink eyeball soup.”\u003c/p>\n\u003cp>But then you don’t realize, oh, the joke’s on me. I’m the bad guy. What does that do to your sense of self-worth, your self-esteem, your image of beauty? When you look at yourself in the mirror, do you love yourself or do you hate yourself? Are you taught to hate the color of your skin, the shape of your nose, your ethnic last name? Many people, without ever really thinking about it, internalize these images, for the rest of their lives.\u003c/p>\n\u003cp>\u003cem>An excerpt from “Go Back to Where You Came From”:\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>I’m about as American as chicken korma, apple pie, and chai, but even after forty years, I’m still told to “go back.”\u003c/p>\n\u003cp>Where, exactly?\u003c/p>\n\u003cp>In America, who (and what) are you when you’re both “us” and “them”? When I’m a native but seen as a foreigner? When I’m a citizen but also seen as a perpetual suspect? When I’m your neighbor but also seen as an invader? When I’m a cultural creator but also seen as an eraser of white identity and European civilization?\u003c/p>\n\u003cp>According to mainstream code, I will never be “ordinary” or “a real American” from the “Rust Belt” (unless you consider California the heartland which, let’s face it, no one does). My parents are seen by some as potential terrorists because they’re from Pakistan, even though they’ve lived in this country for over forty years.\u003c/p>\n\u003cp>Can I be a “real” American when I’m not white no matter how much Fair & Lovely cream I slather on my skin? The answer in 2022 is “Yes, but with conditions.”\u003c/p>\n\u003cp>But I don’t want conditional love. I want more from America and my fellow Americans.\u003c/p>\u003c/blockquote>\n\u003cfigure id=\"attachment_11903778\" class=\"wp-caption aligncenter\" style=\"max-width: 832px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903778 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/young-waj-fam-e1643842585110.jpeg\" alt=\"group family photo of 5 people\" width=\"832\" height=\"652\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110.jpeg 832w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110-800x627.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/young-waj-fam-e1643842585110-160x125.jpeg 160w\" sizes=\"(max-width: 832px) 100vw, 832px\">\u003cfigcaption class=\"wp-caption-text\">A young Wajahat Ali (far left) with family, including his parents and grandmother. \u003ccite>(Courtesy Wajahat Ali)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>On life as a young Muslim in post-9/11 America\u003c/h2>\n\u003cp>I was liberal in college and was, I guess you could say, an accidental activist. But a lot of it was book learning. Let me be blunt, and some people might not like to hear this, but a lot of those kids are good, well-intentioned kids who haven’t lived those experiences.\u003c/p>\n\u003cp>They read about poverty. They haven’t tasted poverty. They read about oppression. They’ve never been oppressed. They’re like cul-de-sac social justice warriors, right? Their heart is in the right place. Their mind is in the right place. I was like that, but I didn’t really taste it. My [immigrant] parents tasted it. But they protected me. So I was kind of in a suburban, protected shell living the American dream. A kid who was at UC Berkeley and was thinking about going to law school.\u003c/p>\n\u003cp>Then 9/11 happened, and overnight we became citizens and suspects. Overnight, we became terrorists. The American story had a remake, and tag, Muslims were it.\u003c/p>\n\u003cfigure id=\"attachment_11903780\" class=\"wp-caption alignright\" style=\"max-width: 980px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903780\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/9780393867978.jpg\" alt=\"\" width=\"980\" height=\"1480\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978.jpg 980w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978-800x1208.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/9780393867978-160x242.jpg 160w\" sizes=\"(max-width: 980px) 100vw, 980px\">\u003cfigcaption class=\"wp-caption-text\">Wajahat Ali’s new memoir transforms a painful phrase into a hilarious exploration of Islamophobia and racism. \u003ccite>(Courtesy W.W. Norton and Co.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>We were the villains. Not just Muslims, but those who look Muslim-y. All of a sudden the entire target was on our back. This country went mad after 9/11. This country went so crazy, we renamed french fries as freedom fries. This country went so nuts that they canceled Susan Sontag. They canceled the Dixie Chicks, who are like the whitest women on Earth.\u003c/p>\n\u003cp>So what do you think they were doing to Muslims? They were surveilling us. They were entrapping us. They went after our organizations. They went after our charities. What is the type of effect that has on Muslims? A chilling effect. Fear. There were hate crimes against Muslim women.\u003c/p>\n\u003cp>All this was happening as I was a student at UC Berkeley. Overnight I became this accidental activist and this representative of this thing called “Islam” and “Muslims.”\u003c/p>\n\u003cp>I learned then that we would have to be something called the “moderate Muslim” in order to be accepted by America. That meant condemning violent acts done by people we’ve never met. Even if we condemned violent acts, and no matter how nice and shiny, we were still seen as suspects. That’s what happened, and we realized, “Oh crap, we’re not white. We’re actually, for a brief moment, living the Black experience in America.”\u003c/p>\n\u003ch2>On ‘actively investing’ in joy and humor\u003c/h2>\n\u003cp>I think humor is important for us to simply have catharsis, to have joy. For people of color to have joy.\u003c/p>\n\u003cp>The two things that have surprised people most about the book is that people didn’t expect it to be so funny, and people didn’t expect it to end on such a hopeful note, and they needed that hope. The hope that I try to give in the book is an earned hope, not a Hollywood Hallmark hope, where they tie on a bow at the end to make you feel better, like cotton candy. It tastes good for the moment, but afterwards you feel really bad and you get angry, right?\u003c/p>\n\u003cfigure id=\"attachment_11903781\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903781\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Wajahat-Ali-author-photo-scaled-e1644023476196.jpg\" alt=\"profile headshot with bright pink background\" width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">Author Wajahat Ali has written for The Atlantic, The Washington Post and The New York Times and appeared as a political commentator on CNN. \u003ccite>(Danin Dahlen/HuffPost)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Earned hope is confronting the demons, acknowledging them. Walking through the [forest] of horrors and then coming out with the scars and the wounds, but still standing. The journey of horrors, which is the life of so many Americans who still haven’t tasted the American dream. They’ve lived the American nightmare. And this pandemic, which has flattened us but flattened us unequally and revealed the wonderful X-ray of this country — all of its goodness and badness — perfectly laid bare.\u003c/p>\n\u003cp>As so many are suffering, I have made the decision in life to actively invest in joy. You have to actively invest in it like exercise. You have to make the intention and then you have to develop the discipline, because for so many of us, we don’t get joy, we don’t get to laugh. Instead, the narrative that we were taught was suffer, but suffer well. Suffer but suffer proud. Suffer, but suffer silently. Smile, even though you’re crying inside.\u003c/p>\n\u003cp>When [our then-2-year-old daughter] Nusayba was diagnosed with cancer, my wife and I could have easily gone to this mental quicksand of, “Why us? Why us? Why, God?” You’ll never receive an answer to that. That whisper eats away and destroys you. But instead, we said, “This is life. Life happens.” There’s good and there’s bad. Bad things happen to good people. Good things happen to bad people. It’s how we choose to confront it.\u003c/p>\n\u003cfigure id=\"attachment_11903779\" class=\"wp-caption aligncenter\" style=\"max-width: 960px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11903779\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/sleeping-dad-2015.jpeg\" alt=\"\" width=\"960\" height=\"956\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015.jpeg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015-800x797.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/sleeping-dad-2015-160x159.jpeg 160w\" sizes=\"(max-width: 960px) 100vw, 960px\">\u003cfigcaption class=\"wp-caption-text\">Wajahat Ali, a tired dad, in 2015. \u003ccite>(Courtesy Wajahat Ali)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>I remember I used to sit there at night after my kids went to sleep during my daughter’s stage-four cancer, where we didn’t know if she’d survive. I imagined burying her. I imagined her dying. I imagined [calling her grandparents], saying she died, because I had to prepare myself as the father. But then I made the choice of imagining her alive and healthy, wearing her “Encanto” Isabella dress, full of life. I chose to invest in that story.\u003c/p>\n\u003cp>Even though it feels like you’re on the edge of the cliff and the cliff is falling, you know, you never know, sometimes the page turns and brings with it a plot twist, and it leads to a better story. And [after being diagnosed with a serious heart condition], I should be dead. Literally, I should be dead. But here I am talking to you. Still alive. My daughter is still alive. So how can I not invest in hope?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>More than 80,000 Californians have died so far from COVID-19. \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> has been honoring some of them with a series of tributes from loved ones. If you’d like to submit a remembrance, please \u003ca href=\"http://kqed.org/lost2covid\">fill out this form\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This tribute to Tomás Reyes Soto comes from his granddaughter Madi Bolaños, a radio reporter at KVPR, the local NPR station in Fresno.\u003c/em>\u003c/p>\n\u003cp>We all called my grandfather Papi Tomás. He died on Dec. 13, 2020, a week before his 69th birthday. In the year since his death, I’ve had a lot of time to think about his legacy and what his decisions meant for me and my future. I feel this extreme sense of gratitude to him. My Papi Tomás taught me the value of hard work, to have pride in my work, and that nothing was out of my reach.\u003c/p>\n\u003cfigure id=\"attachment_11903996\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11903996\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image1PT-800x1017.jpg\" alt=\"\" width=\"800\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-800x1017.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-1020x1297.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-160x203.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT.jpg 1125w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto with his grandchildren, Robert Murillo II (top left), Crishtian Ceja (top center), Judith Ceja (top right) and Madi Bolaños. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Papi Tomás was born in Pueblo Nuevo, in the Mexican state of Durango, in 1951. When he was 12, he started traveling to the neighboring state of Sinaloa to work picking tomatoes. On one of his trips, when he was 16, he met my grandma, Elisa Aguilar Zepeda, who we call Mami Licha. She says he was very direct.\u003c/p>\n\u003cp>“He went up to me and said, ‘You’re going to be my wife, chaparrita,’” she told me in Spanish. “I told him, ‘You’re crazy.’ That Saturday, he sent a mariachi that played music from Northern Mexico.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They married and had five kids together. Soon after, they moved to Mexicali, on the border with California. He was a taquero, making and selling tacos. My mom, Monica Reyes-Aguilar, says some of her favorite memories are helping him cut cabbage and tomatoes.\u003c/p>\n\u003cfigure id=\"attachment_11903999\" class=\"wp-caption alignright\" style=\"max-width: 288px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903999\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image4PT-800x768.jpg\" alt=\"An old, damaged photo of a man and a woman close together.\" width=\"288\" height=\"276\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-800x768.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-1020x979.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-160x154.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT.jpg 1170w\" sizes=\"(max-width: 288px) 100vw, 288px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his wife, Elisa de Reyes in Mexicali, Mexico, in 1980. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I just remember he used to make the best tacos, the best flour tortillas, tacos with the best salsas,” she said. “He made really good spicy salsa. That was his thing.”\u003c/p>\n\u003cp>But Mami Licha said Papi Tomás always had bigger dreams to move to the United States. He never attended school as a child, and he didn’t want that for his kids. So in 1985, he took his wife and kids through the desert to cross the border.\u003c/p>\n\u003cp>“He had the idea that his children had to grow up in the United States and that they were going to be the best there,” Mami Licha told me. “He was always proud of their accomplishments. When our two oldest kids graduated from university, he cried so hard.”\u003c/p>\n\u003cp>Mami Licha says sometimes she felt like her kids loved their dad more than her, because she had to be the strict one. But my mom remembers her dad being even more strict than her mom, especially after he came home from a long day of work in the fields.\u003c/p>\n\u003cp>“We’d see the truck and we would run home, make sure that house was clean and everything was nice and tidy because Papi Tomás was coming,” my mom recalled.\u003c/p>\n\u003cp>He picked garlic, olives and oranges for 40 years. He enjoyed it. It was honest work, but he wanted his kids to strive for more.\u003c/p>\n\u003cp>“He would tell all of us, ‘You better pay attention in school or this will be your future,'” my mom said. “And I took it literally. I wanted to get straight A’s because I did not like working in the fields.”\u003c/p>\n\u003cp>Papi Tomás’s kids remember him as a tough-love kind of dad. But that changed when he became a grandfather. I was born when my mom was 20 years old. She was a single mother. Many people, including my grandpa, told her she was making the wrong decision by keeping me.\u003c/p>\n\u003cfigure id=\"attachment_11904003\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11904003 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image2PT-800x1057.jpg\" alt=\"An grandfather standing outside with his arm around his granddaughter.\" width=\"800\" height=\"1057\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-800x1057.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-1020x1348.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-160x211.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-1162x1536.jpg 1162w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT.jpg 1170w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his granddaughter Madi Bolaños on her 23rd birthday. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>My mom says their relationship was contentious for the first year of my life. But she was determined to prove him wrong and everyone else who doubted her. She was going to be a successful single mom because her dad taught her to be hardworking and determined.\u003c/p>\n\u003cp>She got a job as a teller at a bank. Now she works as a lending consultant. And she owns a new home near the same fields where her dad took her to pick olives as a teenager. He would always say, “A chambear porque nacimos bonitos pero pobres!” (Translation: “Work hard because we were born good-looking but poor!”) She took that literally, too.\u003c/p>\n\u003cp>I was his fifth grandchild. Altogether, there were 15 of us.\u003c/p>\n\u003cp>[aside label=\"More stories from our 'Lost to COVID' series\" tag=\"lost-to-covid\"]“He’d start counting them,” Mami Licha remembered. “Every few years he’d say, ‘How many are there now?’ And he’d name them, but not by their actual names, by the nicknames he’d give them.”\u003c/p>\n\u003cp>He called one of his grandson’s “rábanito,” Spanish for radish, because he blushed easily. Another one was “nadador” (swimmer), because he was trying to swim in the tub at only 6 months old. I was his “Monicita Jr.” or his “Madi Yupi.”\u003c/p>\n\u003cp>As a kid, it was a great morning if he’d call and say, in Spanish, “Madi Yupi, do you want me to pick you up from school today?” I’d run out of my classroom and see him waiting for me in his pickup truck wearing his jeans, a button-up shirt, a hat and his signature mustache. He’d dye his mustache every few months when it started to turn gray.\u003c/p>\n\u003cp>At that time, he worked as a supervisor in the fields. After picking me up, he’d usually have to go back to work or run a few work-related errands. I remember on one of those days, we stopped at the gas station near his house and from inside his truck he called out to a woman on the street. He told her, “Be careful, immigration agents are driving around the neighborhood.” He was always looking out for his undocumented community.\u003c/p>\n\u003cp>I knew I could always count on my Papi Tomás. He taught me what unconditional love is. He was a second father to all of his grandchildren. He was even a father figure to his nephew and niece Grecia and Angel Mundaca, who didn’t have a present father.\u003c/p>\n\u003cfigure id=\"attachment_11903990\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image7PT-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903990 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image7PT-scaled.jpg\" alt=\"A man sits with his young granddaughter on his lap in a kitchen.\" width=\"2560\" height=\"1831\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-800x572.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1020x729.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1536x1099.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-2048x1465.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1920x1373.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his granddaughter Madi Bolaños in Fresno in 2003. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the last few years before his death, he spent the most time with his younger grandchildren Mario Olguin, 11, and Melanie Olguin, 17.\u003c/p>\n\u003cp>“I mean, if my mom or dad wasn’t there when I needed them, who would be there? My grandpa,” Mario Olguin told me. “He would always be there when I needed him.”\u003c/p>\n\u003cp>“He would always pick me up from school and he just wanted to hang out more with me and, like, get to know me better,” Melanie Olguin said. “He’d be like, ‘Oh, let’s go to eat.’ Oh, look at your belly, so tiny, so small. You look so skinny. Let’s go out to eat.’ All the time.”[pullquote align=\"right\" size=\"medium\" citation=\"Mario Olguin, one of Soto's 15 grandchildren\"]‘I mean, if my mom or dad wasn’t there when I needed them, who would be there? My grandpa. He would always be there when I needed him.’[/pullquote]His grandchildren were the joy of the second half of his life. But that time was also far from easy for him. He had high cholesterol, but he didn’t take it seriously until he had a heart attack at age 57. He underwent major heart surgeries shortly after. Then, at age 68, he was diagnosed with prostate cancer. In the final years of his life, he’d talk about his death like it was just around the corner. He’d tell us to make sure we took care of our grandma, our Mami Licha, after he died.\u003c/p>\n\u003cp>At the start of the pandemic, Papi Tomás took COVID-19 very seriously. He only left his house to go work in the fields. Then in late November 2020, Mami Licha contracted the virus while working as a housekeeper at a hospital. Papi Tomás took care of her. Then he contracted the virus, and so did my mom.\u003c/p>\n\u003cp>“My body was in a lot of pain and all I can think of is that I hope my dad is not in the same pain that I am going through,” my mom remembered. “And the next day when we learned that he had passed away, it was painful.”\u003c/p>\n\u003cp>He had been sick for a few days. My grandma tried convincing him to go to the hospital, but he told her he didn’t want to die alone. She tried to convince him that since she worked at the hospital, she would check in on him as often as she could. He still refused.\u003c/p>\n\u003cfigure id=\"attachment_11903992\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903992 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image3PT-800x453.jpg\" alt=\"An older man with a mustache with his head next to his granddaughter.\" width=\"800\" height=\"453\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-800x453.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1020x578.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-160x91.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1536x871.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1920x1088.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT.jpg 2036w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto (with his signature dyed mustache) and his granddaughter Melanie Olguin. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>My Mami Licha found him at home, lifeless, after returning from her night shift at the hospital. That morning, I remember waking up to a scream from across the house. My cousins had gotten the news. My mom, who had been bedridden for days, suddenly had the energy to get dressed. We all raced to the car, tears streaming down our faces as we made the 25-minute drive to my grandparents’ house. All his children and most of us grandchildren arrived shortly after hearing the news.\u003c/p>\n\u003cp>“We were parked right there outside the driveway,” Melanie remembered. “I remember my mom screaming really loud, ‘Oh, no, no, no, you’re lying!’ in Spanish. She was like, ‘You’re lying! He’s fine!’”\u003c/p>\n\u003cp>Tomás Reyes Soto died in his sleep, lying on his side with his hands clasped together in front of him. For my mom and me the grief is still very real.\u003c/p>\n\u003cp>“It’s still painful,” she told me. “You never want to go through that pain that your parents are gone, especially someone that you care for so much.”\u003c/p>\n\u003cp>A year before my grandpa died, I graduated college and got an internship in Washington, D.C. The day before I left, I went to visit him. I told him how grateful I was for his sacrifices, for the values he instilled in my mom and that she passed on to me. The values that allowed me to fly across the country to pursue my dream of becoming a reporter. We hugged and shared a few tears together.\u003c/p>\n\u003cp>Later that day, my mom told me Papi Tomás called her to tell her she did a good job raising me. I felt and still feel indebted to him and my mom for the sacrifices they made for me. I’m just happy I was able to tell him that before he passed away.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>https://docs.google.com/forms/d/e/1FAIpQLSckOJOhLOFX1NkhVutxIrCJeo1LxJejpCRt4cyNWdgzeQRk1A/viewform?embedded=true\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>More than 80,000 Californians have died so far from COVID-19. \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> has been honoring some of them with a series of tributes from loved ones. If you’d like to submit a remembrance, please \u003ca href=\"http://kqed.org/lost2covid\">fill out this form\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This tribute to Tomás Reyes Soto comes from his granddaughter Madi Bolaños, a radio reporter at KVPR, the local NPR station in Fresno.\u003c/em>\u003c/p>\n\u003cp>We all called my grandfather Papi Tomás. He died on Dec. 13, 2020, a week before his 69th birthday. In the year since his death, I’ve had a lot of time to think about his legacy and what his decisions meant for me and my future. I feel this extreme sense of gratitude to him. My Papi Tomás taught me the value of hard work, to have pride in my work, and that nothing was out of my reach.\u003c/p>\n\u003cfigure id=\"attachment_11903996\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11903996\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image1PT-800x1017.jpg\" alt=\"\" width=\"800\" height=\"1017\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-800x1017.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-1020x1297.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT-160x203.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image1PT.jpg 1125w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto with his grandchildren, Robert Murillo II (top left), Crishtian Ceja (top center), Judith Ceja (top right) and Madi Bolaños. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Papi Tomás was born in Pueblo Nuevo, in the Mexican state of Durango, in 1951. When he was 12, he started traveling to the neighboring state of Sinaloa to work picking tomatoes. On one of his trips, when he was 16, he met my grandma, Elisa Aguilar Zepeda, who we call Mami Licha. She says he was very direct.\u003c/p>\n\u003cp>“He went up to me and said, ‘You’re going to be my wife, chaparrita,’” she told me in Spanish. “I told him, ‘You’re crazy.’ That Saturday, he sent a mariachi that played music from Northern Mexico.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They married and had five kids together. Soon after, they moved to Mexicali, on the border with California. He was a taquero, making and selling tacos. My mom, Monica Reyes-Aguilar, says some of her favorite memories are helping him cut cabbage and tomatoes.\u003c/p>\n\u003cfigure id=\"attachment_11903999\" class=\"wp-caption alignright\" style=\"max-width: 288px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903999\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image4PT-800x768.jpg\" alt=\"An old, damaged photo of a man and a woman close together.\" width=\"288\" height=\"276\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-800x768.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-1020x979.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT-160x154.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image4PT.jpg 1170w\" sizes=\"(max-width: 288px) 100vw, 288px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his wife, Elisa de Reyes in Mexicali, Mexico, in 1980. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I just remember he used to make the best tacos, the best flour tortillas, tacos with the best salsas,” she said. “He made really good spicy salsa. That was his thing.”\u003c/p>\n\u003cp>But Mami Licha said Papi Tomás always had bigger dreams to move to the United States. He never attended school as a child, and he didn’t want that for his kids. So in 1985, he took his wife and kids through the desert to cross the border.\u003c/p>\n\u003cp>“He had the idea that his children had to grow up in the United States and that they were going to be the best there,” Mami Licha told me. “He was always proud of their accomplishments. When our two oldest kids graduated from university, he cried so hard.”\u003c/p>\n\u003cp>Mami Licha says sometimes she felt like her kids loved their dad more than her, because she had to be the strict one. But my mom remembers her dad being even more strict than her mom, especially after he came home from a long day of work in the fields.\u003c/p>\n\u003cp>“We’d see the truck and we would run home, make sure that house was clean and everything was nice and tidy because Papi Tomás was coming,” my mom recalled.\u003c/p>\n\u003cp>He picked garlic, olives and oranges for 40 years. He enjoyed it. It was honest work, but he wanted his kids to strive for more.\u003c/p>\n\u003cp>“He would tell all of us, ‘You better pay attention in school or this will be your future,'” my mom said. “And I took it literally. I wanted to get straight A’s because I did not like working in the fields.”\u003c/p>\n\u003cp>Papi Tomás’s kids remember him as a tough-love kind of dad. But that changed when he became a grandfather. I was born when my mom was 20 years old. She was a single mother. Many people, including my grandpa, told her she was making the wrong decision by keeping me.\u003c/p>\n\u003cfigure id=\"attachment_11904003\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11904003 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image2PT-800x1057.jpg\" alt=\"An grandfather standing outside with his arm around his granddaughter.\" width=\"800\" height=\"1057\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-800x1057.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-1020x1348.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-160x211.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT-1162x1536.jpg 1162w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image2PT.jpg 1170w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his granddaughter Madi Bolaños on her 23rd birthday. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>My mom says their relationship was contentious for the first year of my life. But she was determined to prove him wrong and everyone else who doubted her. She was going to be a successful single mom because her dad taught her to be hardworking and determined.\u003c/p>\n\u003cp>She got a job as a teller at a bank. Now she works as a lending consultant. And she owns a new home near the same fields where her dad took her to pick olives as a teenager. He would always say, “A chambear porque nacimos bonitos pero pobres!” (Translation: “Work hard because we were born good-looking but poor!”) She took that literally, too.\u003c/p>\n\u003cp>I was his fifth grandchild. Altogether, there were 15 of us.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“He’d start counting them,” Mami Licha remembered. “Every few years he’d say, ‘How many are there now?’ And he’d name them, but not by their actual names, by the nicknames he’d give them.”\u003c/p>\n\u003cp>He called one of his grandson’s “rábanito,” Spanish for radish, because he blushed easily. Another one was “nadador” (swimmer), because he was trying to swim in the tub at only 6 months old. I was his “Monicita Jr.” or his “Madi Yupi.”\u003c/p>\n\u003cp>As a kid, it was a great morning if he’d call and say, in Spanish, “Madi Yupi, do you want me to pick you up from school today?” I’d run out of my classroom and see him waiting for me in his pickup truck wearing his jeans, a button-up shirt, a hat and his signature mustache. He’d dye his mustache every few months when it started to turn gray.\u003c/p>\n\u003cp>At that time, he worked as a supervisor in the fields. After picking me up, he’d usually have to go back to work or run a few work-related errands. I remember on one of those days, we stopped at the gas station near his house and from inside his truck he called out to a woman on the street. He told her, “Be careful, immigration agents are driving around the neighborhood.” He was always looking out for his undocumented community.\u003c/p>\n\u003cp>I knew I could always count on my Papi Tomás. He taught me what unconditional love is. He was a second father to all of his grandchildren. He was even a father figure to his nephew and niece Grecia and Angel Mundaca, who didn’t have a present father.\u003c/p>\n\u003cfigure id=\"attachment_11903990\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image7PT-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903990 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image7PT-scaled.jpg\" alt=\"A man sits with his young granddaughter on his lap in a kitchen.\" width=\"2560\" height=\"1831\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-800x572.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1020x729.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1536x1099.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-2048x1465.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image7PT-1920x1373.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto and his granddaughter Madi Bolaños in Fresno in 2003. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the last few years before his death, he spent the most time with his younger grandchildren Mario Olguin, 11, and Melanie Olguin, 17.\u003c/p>\n\u003cp>“I mean, if my mom or dad wasn’t there when I needed them, who would be there? My grandpa,” Mario Olguin told me. “He would always be there when I needed him.”\u003c/p>\n\u003cp>“He would always pick me up from school and he just wanted to hang out more with me and, like, get to know me better,” Melanie Olguin said. “He’d be like, ‘Oh, let’s go to eat.’ Oh, look at your belly, so tiny, so small. You look so skinny. Let’s go out to eat.’ All the time.”\u003c/p>\u003c/div>",
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"content": "‘I mean, if my mom or dad wasn’t there when I needed them, who would be there? My grandpa. He would always be there when I needed him.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>His grandchildren were the joy of the second half of his life. But that time was also far from easy for him. He had high cholesterol, but he didn’t take it seriously until he had a heart attack at age 57. He underwent major heart surgeries shortly after. Then, at age 68, he was diagnosed with prostate cancer. In the final years of his life, he’d talk about his death like it was just around the corner. He’d tell us to make sure we took care of our grandma, our Mami Licha, after he died.\u003c/p>\n\u003cp>At the start of the pandemic, Papi Tomás took COVID-19 very seriously. He only left his house to go work in the fields. Then in late November 2020, Mami Licha contracted the virus while working as a housekeeper at a hospital. Papi Tomás took care of her. Then he contracted the virus, and so did my mom.\u003c/p>\n\u003cp>“My body was in a lot of pain and all I can think of is that I hope my dad is not in the same pain that I am going through,” my mom remembered. “And the next day when we learned that he had passed away, it was painful.”\u003c/p>\n\u003cp>He had been sick for a few days. My grandma tried convincing him to go to the hospital, but he told her he didn’t want to die alone. She tried to convince him that since she worked at the hospital, she would check in on him as often as she could. He still refused.\u003c/p>\n\u003cfigure id=\"attachment_11903992\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11903992 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/image3PT-800x453.jpg\" alt=\"An older man with a mustache with his head next to his granddaughter.\" width=\"800\" height=\"453\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-800x453.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1020x578.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-160x91.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1536x871.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT-1920x1088.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/image3PT.jpg 2036w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tomás Reyes Soto (with his signature dyed mustache) and his granddaughter Melanie Olguin. \u003ccite>(Courtesy Madi Bolaños)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>My Mami Licha found him at home, lifeless, after returning from her night shift at the hospital. That morning, I remember waking up to a scream from across the house. My cousins had gotten the news. My mom, who had been bedridden for days, suddenly had the energy to get dressed. We all raced to the car, tears streaming down our faces as we made the 25-minute drive to my grandparents’ house. All his children and most of us grandchildren arrived shortly after hearing the news.\u003c/p>\n\u003cp>“We were parked right there outside the driveway,” Melanie remembered. “I remember my mom screaming really loud, ‘Oh, no, no, no, you’re lying!’ in Spanish. She was like, ‘You’re lying! He’s fine!’”\u003c/p>\n\u003cp>Tomás Reyes Soto died in his sleep, lying on his side with his hands clasped together in front of him. For my mom and me the grief is still very real.\u003c/p>\n\u003cp>“It’s still painful,” she told me. “You never want to go through that pain that your parents are gone, especially someone that you care for so much.”\u003c/p>\n\u003cp>A year before my grandpa died, I graduated college and got an internship in Washington, D.C. The day before I left, I went to visit him. I told him how grateful I was for his sacrifices, for the values he instilled in my mom and that she passed on to me. The values that allowed me to fly across the country to pursue my dream of becoming a reporter. We hugged and shared a few tears together.\u003c/p>\n\u003cp>Later that day, my mom told me Papi Tomás called her to tell her she did a good job raising me. I felt and still feel indebted to him and my mom for the sacrifices they made for me. I’m just happy I was able to tell him that before he passed away.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog",
"headTitle": "Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED",
"content": "\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>[aside postID='news_11883227']\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Cómo votar en la elección revocatoria del consejo escolar de San Francisco si usted es padre no ciudadano",
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"content": "\u003cul>\n\u003cli>\u003ca href=\"#inscribo\">\u003cstrong>Avanza a la sección con detalles sobre cómo registrarse como no ciudadano para la elección revocatoria de la junta escolar.\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11902654/sf-school-board-recall-how-to-vote-as-a-noncitizen-parent\">\u003cem>Read in English\u003c/em>\u003c/a>\u003c/p>\n\u003cp>Algunos residentes de San Francisco que no son ciudadanos podrán \u003ca href=\"https://www.kqed.org/news/tag/sf-school-board-recall\">votar en la elección revocatoria que se aproxima de los miembros del consejo escolar Alison Collins, Gabriela López y Faauuga Moliga\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés).\u003c/p>\n\u003cp>Gracias a una ley que fue aprobada por votantes en 2016, los padres y tutores legales de estudiantes en el Distrito Escolar Unificado de San Francisco pueden participar en las elecciones del consejo escolar, independientemente de su estatus migratorio. Para que un padre pueda votar, debe tener un hijo/hija de 19 años o menos\u003c/p>\n\u003cp>En octubre de 2021, la Junta de Supervisores de la ciudad hizo que la ley fuera permanente para todas las futuras votaciones del consejo escolar, permitiendo a los padres no ciudadanos, como Angela Zhou, votar en las elecciones de febrero.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Angela Zhou, una registrante no ciudadana\"]‘Estoy muy contenta de tener la oportunidad de votar. Será la primera vez que vote en Estados Unidos y me siento muy afortunad.’[/pullquote]\u003c/p>\n\u003cp>“Soy residente en San Francisco desde hace unos 20 años, pero aún no soy ciudadana estadounidense”, dijo Zhou, \u003ca href=\"https://www.kqed.org/news/11901813/sf-school-board-recall-drives-more-non-citizen-voters-to-register\">en una rueda de prensa celebrada por un grupo de voluntarios enfocado en el registro de votantes asiáticos\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés). “Estoy muy contenta de tener la oportunidad de votar. Será la primera vez que vote en Estados Unidos y me siento muy afortunada”.\u003c/p>\n\u003cp>La idea de limitar el derecho de voto de algunos no ciudadanos está adquiriendo impulso: \u003ca href=\"https://www.npr.org/2021/12/12/1063539443/nyc-granted-noncitizens-the-right-to-vote-in-local-elections-the-idea-isnt-so-ne\">Nueva York permitirá a los residentes legales votar en las elecciones municipales\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés), y \u003ca href=\"https://www.kqed.org/news/11901435/give-us-a-chance-non-citizens-in-san-jose-could-potentially-be-allowed-to-vote\">San José está estudiando la idea\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés).\u003c/p>\n\u003cp>Los grupos comunitarios y de defensa de los inmigrantes de San Francisco ya se están movilizando para que los padres no ciudadanos se registren. Hasta el martes, una cifra récord de 122 personas no ciudadanos se han registrado para votar en la revocación de la Junta de Educación.\u003c/p>\n\u003cp>A continuación, las respuestas a algunas preguntas comunes sobre el programa de San Francisco. Haga clic en los enlaces de abajo para ir a una sección específica.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#revocatoria\">\u003cstrong>¿Qué es la elección revocatoria de la junta escolar de SF?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#correo\">\u003cstrong>¿Por qué he recibido información por correo sobre la votación cuando no soy ciudadano?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#inscribo\">\u003cstrong>¿Cómo me inscribo para votar a través de este programa?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#ciudadanos\">\u003cstrong>¿Los votos de los no ciudadanos se cuentan de forma diferente a los de los ciudadanos?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#ICE\">\u003cstrong>¿Adónde va a parar esta información? ¿Se compartirá mi información con otras agencias gubernamentales como ICE?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"revocatoria\">\u003c/a>¿Qué es la elección revocatoria de la junta escolar de SF?\u003c/h3>\n\u003cp>El 15 de febrero, los votantes decidirán si quieren remover de su cargo a tres comisionados de la Junta de Educación de San Francisco: Alison Collins, Gabriela López y Faauuga Moliga.\u003c/p>\n\u003cp>Los votantes pueden optar por destituir a uno, dos, los tres o ninguno de estos funcionarios. Si se destituye a alguno de los tres miembros del consejo, la alcaldesa de San Francisco, London Breed, nombraría a su sustituto.\u003c/p>\n\u003cp>La votación será la primera revocación de un funcionario de San Francisco en casi 40 años, después de que los organizadores que apoyan la revocación presentaran el año pasado más de las 51,325 firmas necesarias para forzar la votación.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11900721/how-we-got-here-the-road-to-the-recall-election-of-3-sf-school-board-members\">Lea más sobre la cronología que condujo a esta elección revocatoria del Consejo Escolar de San Francisco, y lo que está en juego\u003c/a> (sólo en inglés).\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>\u003ca id=\"correo\">\u003c/a>¿Por qué he recibido información por correo sobre la votación cuando no soy ciudadano?\u003c/h3>\n\u003cp>Antes de cada elección, el Departamento Electoral de San Francisco envía información sobre el voto a todos los hogares de la ciudad. Estos correos, que contienen información sobre el voto de los residentes no ciudadanos, se envían a las casas y apartamentos independientemente de quiénes residan en ellos.\u003c/p>\n\u003cp>“Cualquiera que viva en San Francisco, recibe un correo antes de las elecciones, indicando cómo pueden, si no son ciudadanos, obtener más información y participar en las elecciones”, dijo John Arntz, director del departamento. “No sabemos quiénes son no ciudadanos, así que no nos ponemos en contacto con ellos individualmente”.\u003c/p>\n\u003cp>Arntz dijo que su departamento espera concienciar sobre el voto de los no ciudadanos mediante anuncios en los periódicos locales. Un grupo de organizaciones sin fines de lucro ha formado la coalición multilingüe Immigrant Parent Voting Collaborative, la cual trabaja para dar a conocer a los no ciudadanos su derecho al voto.\u003c/p>\n\u003cp>“Nuestro trabajo continúa asegurando que las familias inmigrantes conozcan y tomen sus propias decisiones sobre el ejercicio de este nuevo derecho de voto permanente”, dijo Eva Poon, gerente de políticas del grupo ‘Chinese for Affirmative Action’, en una declaración celebrando la decisión de hacer permanente el voto de los no ciudadanos.\u003c/p>\n\u003ch3>\u003ca id=\"inscribo\">\u003c/a>¿Cómo me inscribo para votar a través de este programa?\u003c/h3>\n\u003cp>Asegúrese de rellenar y enviar un formulario de inscripción para votantes no ciudadanos. El formulario está disponible en línea en \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_SP.pdf\">español\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_ENG.pdf\">inglés\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_CH.pdf\">chino\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_FI.pdf\">tagalo\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_Arabic.pdf\">árabe\u003c/a> y \u003ca href=\"https://sfelections.sfgov.org/inscripci%C3%B3n-y-votaci%C3%B3n-de-personas-sin-ciudadan%C3%ADa\">más de 40 idiomas\u003c/a>. \u003ca href=\"https://sfelections.sfgov.org/formularios-y-recursos\">La lista completa de formularios que puede imprimir está disponible aquí\u003c/a>.\u003c/p>\n\u003cp>El formulario de inscripción le pide que comparta su nombre y dirección, e incluye preguntas opcionales donde puede compartir su correo electrónico, número de teléfono y país de nacimiento. No es necesario que comparta su estatus migratorio ni información sobre sus hijos.\u003c/p>\n\u003cp>Una vez que haya rellenado el formulario, puede presentarlo en persona en la oficina del Departamento de Elecciones en el Ayuntamiento o enviarlo por correo (a través del Servicio Postal de EE.UU.) a:\u003c/p>\n\u003cp>Department of Elections\u003cbr>\nCity Hall\u003cbr>\n1 Dr. Carlton B. Goodlett Place, Room 48\u003cbr>\nSan Francisco, CA 94102\u003c/p>\n\u003cp>La fecha límite de inscripción es el 31 de enero. Si se le pasó la fecha, no se preocupe, todavía puede registrarse, pero ya no tendrá la opción de hacerlo por correo. Tendrá que rellenar el formulario y presentarlo en persona en el Ayuntamiento o en la mesa electoral más cercana.\u003c/p>\n\u003ch3>\u003ca id=\"ciudadanos\">\u003c/a>¿Los votos de los no ciudadanos se cuentan de forma diferente a los de los ciudadanos?\u003c/h3>\n\u003cp>No, los votos de los no ciudadanos se incluyen en el recuento total de las elecciones al consejo escolar.\u003c/p>\n\u003cp>“En su mayoría, es la misma elección, los no ciudadanos experimentan la misma elección que otros votantes”, dijo Arntz.\u003c/p>\n\u003cp>Hay algunas pequeñas diferencias en la forma en que se administran las elecciones para los no ciudadanos.\u003c/p>\n\u003cp>Estos votantes se registran en una base de datos local, separada del sistema estatal que sólo contiene la información de los votantes que son ciudadanos. Y los no ciudadanos reciben una guía del votante única, escrita en cuatro idiomas (inglés, español, chino y tagalo) y una papeleta que contiene sólo las contiendas del consejo escolar.\u003c/p>\n\u003ch3>\u003ca id=\"ICE\">\u003c/a>¿Adónde va a parar esta información? ¿Se compartirá mi información con otras agencias gubernamentales como el ICE?\u003c/h3>\n\u003cp>Una vez que haya rellenado su formulario de inscripción de votante y lo haya enviado al Departamento de Elecciones, su información se almacenará en la base de datos de este organismo. Según Arntz, la ciudad mantiene una base de datos separada donde guarda la información de registro de los no ciudadanos.\u003c/p>\n\u003cp>“No podemos ingresar a los no ciudadanos en la base de datos estatal”, dijo, pero añadió que la base de datos de no ciudadanos debe seguir las mismas normas sobre quién tiene acceso a su contenido. Las agencias gubernamentales, las campañas políticas y los periodistas pueden solicitar información específica sobre los votantes registrados, como direcciones o información demográfica.\u003c/p>\n\u003cp>Arntz reconoce que esto puede preocupar a algunas personas, el hecho de que agencias federales como el Servicio de Inmigración y Control de Aduanas (ICE) puedan acceder a los datos personales de personas indocumentadas que se registraron en San Francisco para votar. Sin embargo, señala que existe un sistema que controla quién puede acceder a esta información.\u003c/p>\n\u003cp>“Si alguien nos pidiera específicamente la información de registro [de los no ciudadanos], en realidad consultaríamos primero a la oficina del abogado de la ciudad antes de hacer algo”, dijo. ICE podría solicitar esta información, pero Arntz dice que nunca ha recibido una solicitud de esta agencia desde que la ciudad amplió la elegibilidad de los votantes en 2016.\u003c/p>\n\u003cp>Además, la oficina del abogado de la ciudad publicó un memorando el 20 de enero, defendiendo la legalidad de dejar que los padres no ciudadanos voten en las elecciones de la junta escolar, afirmando que, “las elecciones de la junta escolar son para un propósito local, distinto de una elección para un cargo federal…los votantes no ciudadanos no pueden, y no votan en ninguna otra contienda electoral.”\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Este artículo fue traducido por la periodista, \u003ca href=\"https://twitter.com/soytapatia\">María Peña\u003c/a> y editado por el periodista, \u003ca href=\"https://www.kqed.org/author/ccabreralomeli\">Carlos Cabrera-Lomelí\u003c/a>.\u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cul>\n\u003cli>\u003ca href=\"#inscribo\">\u003cstrong>Avanza a la sección con detalles sobre cómo registrarse como no ciudadano para la elección revocatoria de la junta escolar.\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11902654/sf-school-board-recall-how-to-vote-as-a-noncitizen-parent\">\u003cem>Read in English\u003c/em>\u003c/a>\u003c/p>\n\u003cp>Algunos residentes de San Francisco que no son ciudadanos podrán \u003ca href=\"https://www.kqed.org/news/tag/sf-school-board-recall\">votar en la elección revocatoria que se aproxima de los miembros del consejo escolar Alison Collins, Gabriela López y Faauuga Moliga\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés).\u003c/p>\n\u003cp>Gracias a una ley que fue aprobada por votantes en 2016, los padres y tutores legales de estudiantes en el Distrito Escolar Unificado de San Francisco pueden participar en las elecciones del consejo escolar, independientemente de su estatus migratorio. Para que un padre pueda votar, debe tener un hijo/hija de 19 años o menos\u003c/p>\n\u003cp>En octubre de 2021, la Junta de Supervisores de la ciudad hizo que la ley fuera permanente para todas las futuras votaciones del consejo escolar, permitiendo a los padres no ciudadanos, como Angela Zhou, votar en las elecciones de febrero.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘Estoy muy contenta de tener la oportunidad de votar. Será la primera vez que vote en Estados Unidos y me siento muy afortunad.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Soy residente en San Francisco desde hace unos 20 años, pero aún no soy ciudadana estadounidense”, dijo Zhou, \u003ca href=\"https://www.kqed.org/news/11901813/sf-school-board-recall-drives-more-non-citizen-voters-to-register\">en una rueda de prensa celebrada por un grupo de voluntarios enfocado en el registro de votantes asiáticos\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés). “Estoy muy contenta de tener la oportunidad de votar. Será la primera vez que vote en Estados Unidos y me siento muy afortunada”.\u003c/p>\n\u003cp>La idea de limitar el derecho de voto de algunos no ciudadanos está adquiriendo impulso: \u003ca href=\"https://www.npr.org/2021/12/12/1063539443/nyc-granted-noncitizens-the-right-to-vote-in-local-elections-the-idea-isnt-so-ne\">Nueva York permitirá a los residentes legales votar en las elecciones municipales\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés), y \u003ca href=\"https://www.kqed.org/news/11901435/give-us-a-chance-non-citizens-in-san-jose-could-potentially-be-allowed-to-vote\">San José está estudiando la idea\u003c/a> (\u003cspan style=\"font-weight: 400\">sólo\u003c/span> en inglés).\u003c/p>\n\u003cp>Los grupos comunitarios y de defensa de los inmigrantes de San Francisco ya se están movilizando para que los padres no ciudadanos se registren. Hasta el martes, una cifra récord de 122 personas no ciudadanos se han registrado para votar en la revocación de la Junta de Educación.\u003c/p>\n\u003cp>A continuación, las respuestas a algunas preguntas comunes sobre el programa de San Francisco. Haga clic en los enlaces de abajo para ir a una sección específica.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#revocatoria\">\u003cstrong>¿Qué es la elección revocatoria de la junta escolar de SF?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#correo\">\u003cstrong>¿Por qué he recibido información por correo sobre la votación cuando no soy ciudadano?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#inscribo\">\u003cstrong>¿Cómo me inscribo para votar a través de este programa?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#ciudadanos\">\u003cstrong>¿Los votos de los no ciudadanos se cuentan de forma diferente a los de los ciudadanos?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#ICE\">\u003cstrong>¿Adónde va a parar esta información? ¿Se compartirá mi información con otras agencias gubernamentales como ICE?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"revocatoria\">\u003c/a>¿Qué es la elección revocatoria de la junta escolar de SF?\u003c/h3>\n\u003cp>El 15 de febrero, los votantes decidirán si quieren remover de su cargo a tres comisionados de la Junta de Educación de San Francisco: Alison Collins, Gabriela López y Faauuga Moliga.\u003c/p>\n\u003cp>Los votantes pueden optar por destituir a uno, dos, los tres o ninguno de estos funcionarios. Si se destituye a alguno de los tres miembros del consejo, la alcaldesa de San Francisco, London Breed, nombraría a su sustituto.\u003c/p>\n\u003cp>La votación será la primera revocación de un funcionario de San Francisco en casi 40 años, después de que los organizadores que apoyan la revocación presentaran el año pasado más de las 51,325 firmas necesarias para forzar la votación.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11900721/how-we-got-here-the-road-to-the-recall-election-of-3-sf-school-board-members\">Lea más sobre la cronología que condujo a esta elección revocatoria del Consejo Escolar de San Francisco, y lo que está en juego\u003c/a> (sólo en inglés).\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003ca id=\"correo\">\u003c/a>¿Por qué he recibido información por correo sobre la votación cuando no soy ciudadano?\u003c/h3>\n\u003cp>Antes de cada elección, el Departamento Electoral de San Francisco envía información sobre el voto a todos los hogares de la ciudad. Estos correos, que contienen información sobre el voto de los residentes no ciudadanos, se envían a las casas y apartamentos independientemente de quiénes residan en ellos.\u003c/p>\n\u003cp>“Cualquiera que viva en San Francisco, recibe un correo antes de las elecciones, indicando cómo pueden, si no son ciudadanos, obtener más información y participar en las elecciones”, dijo John Arntz, director del departamento. “No sabemos quiénes son no ciudadanos, así que no nos ponemos en contacto con ellos individualmente”.\u003c/p>\n\u003cp>Arntz dijo que su departamento espera concienciar sobre el voto de los no ciudadanos mediante anuncios en los periódicos locales. Un grupo de organizaciones sin fines de lucro ha formado la coalición multilingüe Immigrant Parent Voting Collaborative, la cual trabaja para dar a conocer a los no ciudadanos su derecho al voto.\u003c/p>\n\u003cp>“Nuestro trabajo continúa asegurando que las familias inmigrantes conozcan y tomen sus propias decisiones sobre el ejercicio de este nuevo derecho de voto permanente”, dijo Eva Poon, gerente de políticas del grupo ‘Chinese for Affirmative Action’, en una declaración celebrando la decisión de hacer permanente el voto de los no ciudadanos.\u003c/p>\n\u003ch3>\u003ca id=\"inscribo\">\u003c/a>¿Cómo me inscribo para votar a través de este programa?\u003c/h3>\n\u003cp>Asegúrese de rellenar y enviar un formulario de inscripción para votantes no ciudadanos. El formulario está disponible en línea en \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_SP.pdf\">español\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_ENG.pdf\">inglés\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_CH.pdf\">chino\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_FI.pdf\">tagalo\u003c/a>, \u003ca href=\"https://sfelections.sfgov.org/sites/default/files/Documents/VoterEducation/2022February/NCV_VRC_Arabic.pdf\">árabe\u003c/a> y \u003ca href=\"https://sfelections.sfgov.org/inscripci%C3%B3n-y-votaci%C3%B3n-de-personas-sin-ciudadan%C3%ADa\">más de 40 idiomas\u003c/a>. \u003ca href=\"https://sfelections.sfgov.org/formularios-y-recursos\">La lista completa de formularios que puede imprimir está disponible aquí\u003c/a>.\u003c/p>\n\u003cp>El formulario de inscripción le pide que comparta su nombre y dirección, e incluye preguntas opcionales donde puede compartir su correo electrónico, número de teléfono y país de nacimiento. No es necesario que comparta su estatus migratorio ni información sobre sus hijos.\u003c/p>\n\u003cp>Una vez que haya rellenado el formulario, puede presentarlo en persona en la oficina del Departamento de Elecciones en el Ayuntamiento o enviarlo por correo (a través del Servicio Postal de EE.UU.) a:\u003c/p>\n\u003cp>Department of Elections\u003cbr>\nCity Hall\u003cbr>\n1 Dr. Carlton B. Goodlett Place, Room 48\u003cbr>\nSan Francisco, CA 94102\u003c/p>\n\u003cp>La fecha límite de inscripción es el 31 de enero. Si se le pasó la fecha, no se preocupe, todavía puede registrarse, pero ya no tendrá la opción de hacerlo por correo. Tendrá que rellenar el formulario y presentarlo en persona en el Ayuntamiento o en la mesa electoral más cercana.\u003c/p>\n\u003ch3>\u003ca id=\"ciudadanos\">\u003c/a>¿Los votos de los no ciudadanos se cuentan de forma diferente a los de los ciudadanos?\u003c/h3>\n\u003cp>No, los votos de los no ciudadanos se incluyen en el recuento total de las elecciones al consejo escolar.\u003c/p>\n\u003cp>“En su mayoría, es la misma elección, los no ciudadanos experimentan la misma elección que otros votantes”, dijo Arntz.\u003c/p>\n\u003cp>Hay algunas pequeñas diferencias en la forma en que se administran las elecciones para los no ciudadanos.\u003c/p>\n\u003cp>Estos votantes se registran en una base de datos local, separada del sistema estatal que sólo contiene la información de los votantes que son ciudadanos. Y los no ciudadanos reciben una guía del votante única, escrita en cuatro idiomas (inglés, español, chino y tagalo) y una papeleta que contiene sólo las contiendas del consejo escolar.\u003c/p>\n\u003ch3>\u003ca id=\"ICE\">\u003c/a>¿Adónde va a parar esta información? ¿Se compartirá mi información con otras agencias gubernamentales como el ICE?\u003c/h3>\n\u003cp>Una vez que haya rellenado su formulario de inscripción de votante y lo haya enviado al Departamento de Elecciones, su información se almacenará en la base de datos de este organismo. Según Arntz, la ciudad mantiene una base de datos separada donde guarda la información de registro de los no ciudadanos.\u003c/p>\n\u003cp>“No podemos ingresar a los no ciudadanos en la base de datos estatal”, dijo, pero añadió que la base de datos de no ciudadanos debe seguir las mismas normas sobre quién tiene acceso a su contenido. Las agencias gubernamentales, las campañas políticas y los periodistas pueden solicitar información específica sobre los votantes registrados, como direcciones o información demográfica.\u003c/p>\n\u003cp>Arntz reconoce que esto puede preocupar a algunas personas, el hecho de que agencias federales como el Servicio de Inmigración y Control de Aduanas (ICE) puedan acceder a los datos personales de personas indocumentadas que se registraron en San Francisco para votar. Sin embargo, señala que existe un sistema que controla quién puede acceder a esta información.\u003c/p>\n\u003cp>“Si alguien nos pidiera específicamente la información de registro [de los no ciudadanos], en realidad consultaríamos primero a la oficina del abogado de la ciudad antes de hacer algo”, dijo. ICE podría solicitar esta información, pero Arntz dice que nunca ha recibido una solicitud de esta agencia desde que la ciudad amplió la elegibilidad de los votantes en 2016.\u003c/p>\n\u003cp>Además, la oficina del abogado de la ciudad publicó un memorando el 20 de enero, defendiendo la legalidad de dejar que los padres no ciudadanos voten en las elecciones de la junta escolar, afirmando que, “las elecciones de la junta escolar son para un propósito local, distinto de una elección para un cargo federal…los votantes no ciudadanos no pueden, y no votan en ninguna otra contienda electoral.”\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Este artículo fue traducido por la periodista, \u003ca href=\"https://twitter.com/soytapatia\">María Peña\u003c/a> y editado por el periodista, \u003ca href=\"https://www.kqed.org/author/ccabreralomeli\">Carlos Cabrera-Lomelí\u003c/a>.\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"title": "South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling",
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"content": "\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]‘It seems like no matter how hard we work, that backlog we’re facing just keeps growing.’[/pullquote]With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'Give Us a Chance': Noncitizens in San José Could Potentially Be Allowed to Vote",
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"content": "\u003cp>San José has moved one step closer to giving noncitizens a voice in local elections. The city council voted Tuesday night to direct city officials to \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10392078&GUID=03186749-1D75-44A8-B323-9BC603E838D6\">study the potential impacts of changing the city charter to allow noncitizens the right to vote in municipal elections\u003c/a>.\u003c/p>\n\u003cp>Once staff has completed the review, council members will decide whether to put the question to voters with a ballot measure for either this year’s June primary or November general election.\u003c/p>\n\u003cp>Tuesday’s decision invigorated organizers who have been working for years to enfranchise immigrants in San José, regardless of their citizenship status.\u003c/p>\n\u003cp>“This is a place where we live, where we grew up, where our children grew up,” said Esther Meléndez, a 30-year San José resident. She was one of about 200 people who called into the meeting in support of expanding voting rights.\u003c/p>\n\u003cp>“It is frustrating to not be able to vote for something that is important,” said Meléndez, who is a legal permanent resident in the process of obtaining citizenship.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Esther Meléndez, San José resident and organizer\"]‘This is a place where we live, where we grew up, where our children grew up.’[/pullquote]The council’s decision comes at the conclusion of a year-long review of the city charter, led by an independent commission. Earlier this month, \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10354189&GUID=F27DF619-F273-4C05-9292-E375FFA42E45\">the commission released its recommendations\u003c/a> — including allowing noncitizens to serve on city boards and holding mayoral elections in the same year as presidential elections.\u003c/p>\n\u003cp>The commission did not address the question of noncitizen voting. However, last week, two members of the council, Magdalena Carrasco and Sylvia Arenas, \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10392078&GUID=03186749-1D75-44A8-B323-9BC603E838D6\">issued a memo recommending that city officials study expanding voting rights to noncitizen immigrants\u003c/a>, including those who lack legal authorization to be in the country. In a matter of days, a coalition of South Bay immigrant advocacy groups mobilized a large campaign to voice support at Tuesday’s meeting.\u003c/p>\n\u003cp>“This would be a step forward in acknowledging the contributions of our immigrant communities, who provide this country with labor and financial benefits through the taxes they contribute,” said José Servín, director of advocacy and communication with the nonprofit Services, Immigrant Rights and Education Network, which has pushed for years for the city to expand voter eligibility.\u003c/p>\n\u003cp>Roughly 40% of San José residents were born outside the United States, \u003ca href=\"https://www.census.gov/quickfacts/sanjosecitycalifornia\">according to recent U.S. Census figures\u003c/a>. While many have become naturalized citizens, many others have not. The share of foreign-born residents in San José is higher than in San Francisco and on par with New York City. San Francisco has allowed noncitizens to vote in school board elections since 2016. And in December, New York City granted legal immigrants the right to vote in all local elections. In addition, 11 municipalities in Maryland and two in Vermont permit noncitizen voting.\u003c/p>\n\u003cp>Major tech companies with headquarters in the city, such as Zoom and Adobe, depend heavily on foreign-born workers in both technology and service jobs. Immigrants also propel many essential services and thousands of small businesses and \u003ca href=\"https://www.kqed.org/sanjosefood\">power the city’s unique cultural and culinary landmarks\u003c/a>.[aside postID=\"arts_13904835\" hero=\"https://ww2.kqed.org/app/uploads/sites/2/2021/10/san-jose-illo_thien-pham-1920x1439.jpg\"]“Thanking our essential workers who are risking their lives … is meaningless if we don’t give them the rights, that I believe they deserve, to enact change in their own lives,” said Councilmember Carrasco during Tuesday’s meeting. She added that there are roughly 157,000 undocumented immigrants living and working in Santa Clara County who currently do not have a viable path to citizenship.\u003c/p>\n\u003cp>The lone dissenting vote Tuesday was cast by Councilmember Dev Davis, who is also a candidate for mayor. She argued that voting should be considered a right and responsibility exclusive to citizens.\u003c/p>\n\u003cp>“[Noncitizens] have allegiance to another country,” said Davis. “They, hopefully, wherever they come from, have the right to vote in that country.”\u003c/p>\n\u003cp>Other critics expressed concern that the measure only requires a person to have lived in San José for 30 consecutive days by election time to be eligible to vote — similar to the model adopted by New York City in their voter expansion.\u003c/p>\n\u003cp>“How does someone who’s been there for 30 days even know what’s going on politically?” Shane Patrick Connolly, chair of the Santa Clara County Republican Party, told KQED.\u003c/p>\n\u003cp>[aside label ='More Stories from the South Bay' tag='san-jose']“We have people who have lived in the community a long time who maybe haven’t gone through the citizenship process but here’s an incentive for them to do so, if you get to have a say through a vote,” he said.\u003c/p>\n\u003cp>Meléndez, the San José resident who spoke at Tuesday’s meeting, will become a naturalized citizen later this month. She says that she’s very excited about becoming an American citizen but shared her frustration that the process has taken years and that, in that time, she has lacked a voice in local government.\u003c/p>\n\u003cp>“Give us a chance,” she said, appealing to those reluctant to support voter expansion. “Give us a chance to share ideas, share what is needed to make sure that San José can be an even greater city.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San José has moved one step closer to giving noncitizens a voice in local elections. The city council voted Tuesday night to direct city officials to \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10392078&GUID=03186749-1D75-44A8-B323-9BC603E838D6\">study the potential impacts of changing the city charter to allow noncitizens the right to vote in municipal elections\u003c/a>.\u003c/p>\n\u003cp>Once staff has completed the review, council members will decide whether to put the question to voters with a ballot measure for either this year’s June primary or November general election.\u003c/p>\n\u003cp>Tuesday’s decision invigorated organizers who have been working for years to enfranchise immigrants in San José, regardless of their citizenship status.\u003c/p>\n\u003cp>“This is a place where we live, where we grew up, where our children grew up,” said Esther Meléndez, a 30-year San José resident. She was one of about 200 people who called into the meeting in support of expanding voting rights.\u003c/p>\n\u003cp>“It is frustrating to not be able to vote for something that is important,” said Meléndez, who is a legal permanent resident in the process of obtaining citizenship.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The council’s decision comes at the conclusion of a year-long review of the city charter, led by an independent commission. Earlier this month, \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10354189&GUID=F27DF619-F273-4C05-9292-E375FFA42E45\">the commission released its recommendations\u003c/a> — including allowing noncitizens to serve on city boards and holding mayoral elections in the same year as presidential elections.\u003c/p>\n\u003cp>The commission did not address the question of noncitizen voting. However, last week, two members of the council, Magdalena Carrasco and Sylvia Arenas, \u003ca href=\"https://sanjose.legistar.com/View.ashx?M=F&ID=10392078&GUID=03186749-1D75-44A8-B323-9BC603E838D6\">issued a memo recommending that city officials study expanding voting rights to noncitizen immigrants\u003c/a>, including those who lack legal authorization to be in the country. In a matter of days, a coalition of South Bay immigrant advocacy groups mobilized a large campaign to voice support at Tuesday’s meeting.\u003c/p>\n\u003cp>“This would be a step forward in acknowledging the contributions of our immigrant communities, who provide this country with labor and financial benefits through the taxes they contribute,” said José Servín, director of advocacy and communication with the nonprofit Services, Immigrant Rights and Education Network, which has pushed for years for the city to expand voter eligibility.\u003c/p>\n\u003cp>Roughly 40% of San José residents were born outside the United States, \u003ca href=\"https://www.census.gov/quickfacts/sanjosecitycalifornia\">according to recent U.S. Census figures\u003c/a>. While many have become naturalized citizens, many others have not. The share of foreign-born residents in San José is higher than in San Francisco and on par with New York City. San Francisco has allowed noncitizens to vote in school board elections since 2016. And in December, New York City granted legal immigrants the right to vote in all local elections. In addition, 11 municipalities in Maryland and two in Vermont permit noncitizen voting.\u003c/p>\n\u003cp>Major tech companies with headquarters in the city, such as Zoom and Adobe, depend heavily on foreign-born workers in both technology and service jobs. Immigrants also propel many essential services and thousands of small businesses and \u003ca href=\"https://www.kqed.org/sanjosefood\">power the city’s unique cultural and culinary landmarks\u003c/a>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Thanking our essential workers who are risking their lives … is meaningless if we don’t give them the rights, that I believe they deserve, to enact change in their own lives,” said Councilmember Carrasco during Tuesday’s meeting. She added that there are roughly 157,000 undocumented immigrants living and working in Santa Clara County who currently do not have a viable path to citizenship.\u003c/p>\n\u003cp>The lone dissenting vote Tuesday was cast by Councilmember Dev Davis, who is also a candidate for mayor. She argued that voting should be considered a right and responsibility exclusive to citizens.\u003c/p>\n\u003cp>“[Noncitizens] have allegiance to another country,” said Davis. “They, hopefully, wherever they come from, have the right to vote in that country.”\u003c/p>\n\u003cp>Other critics expressed concern that the measure only requires a person to have lived in San José for 30 consecutive days by election time to be eligible to vote — similar to the model adopted by New York City in their voter expansion.\u003c/p>\n\u003cp>“How does someone who’s been there for 30 days even know what’s going on politically?” Shane Patrick Connolly, chair of the Santa Clara County Republican Party, told KQED.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We have people who have lived in the community a long time who maybe haven’t gone through the citizenship process but here’s an incentive for them to do so, if you get to have a say through a vote,” he said.\u003c/p>\n\u003cp>Meléndez, the San José resident who spoke at Tuesday’s meeting, will become a naturalized citizen later this month. She says that she’s very excited about becoming an American citizen but shared her frustration that the process has taken years and that, in that time, she has lacked a voice in local government.\u003c/p>\n\u003cp>“Give us a chance,” she said, appealing to those reluctant to support voter expansion. “Give us a chance to share ideas, share what is needed to make sure that San José can be an even greater city.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
"title": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
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"content": "\u003cp>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” [pullquote size=\"medium\" align=\"right\" citation=\"Rosa Díaz, asylum seeker from Honduras\"]'I never received a notice of that hearing. If I had, I would have been there.'[/pullquote]\u003c/p>\n\u003cp>When she was released from detention with a temporary status called “parole,” she was given a year before she had to check in with ICE. Díaz said she thought she had already been granted asylum.\u003c/p>\n\u003cp>“When a person first gets here, they don't know how things work, and nobody explained it to me,” she said.\u003c/p>\n\u003cp>The asylum process can be baffling, and, as Díaz learned, navigating it without a lawyer can be disastrous. Unlike in criminal cases, people in federal immigration court have no right to a court-appointed lawyer if they can’t find their own.\u003c/p>\n\u003cp>Like Díaz, thousands of newly arrived \u003ca href=\"https://trac.syr.edu/phptools/immigration/asylum/\">asylum seekers never get their day in court\u003c/a>. They can be tripped up by paperwork, and a clerical error can be enough to get them deported.\u003c/p>\n\u003cp>Last year a third of all immigrants in asylum cases did not have representation, according to data analyzed by the \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\" target=\"_blank\" rel=\"noopener noreferrer\">Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University. And over the past two decades, just 10% of asylum seekers without legal representation won their cases, while those with lawyers were nearly four times as likely to win protection, according to \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\" target=\"_blank\" rel=\"noopener noreferrer\">TRAC’s data\u003c/a>.\u003c/p>\n\u003ch3>The luckiest lunch break\u003c/h3>\n\u003cp>After passing an initial asylum screening, Díaz and her kids were released from family detention on June 20, 2018, and told to check in with ICE before her one-year parole document expired. So on June 13, 2019, Díaz voluntarily went to the ICE office in Sacramento. She was instructed to return on June 20 with all her documents, which she did. That day, ICE officials put her in a GPS ankle monitor. On July 12, they summoned her again, and that’s when she learned she had been ordered deported “in absentia” by a Los Angeles immigration judge on Nov. 27, 2018.\u003c/p>\n\u003cp>ICE officials told Díaz they planned to deport her that same day. But first, the office was closing for lunch.\u003c/p>\n\u003cp>“I went outside, sat down and burst into tears,” Díaz said. “I cried because I had gotten all the way here with my three children and I couldn’t imagine taking them back to Honduras.”\u003c/p>\n\u003cp>A pair of immigrant rights advocates with \u003ca href=\"https://www.norcalresist.org/\" target=\"_blank\" rel=\"noopener noreferrer\">NorCal Resist\u003c/a> who were leafleting outside the ICE building stopped to check on Díaz, said Katie Fleming, director of the \u003ca href=\"https://www.crlaf.org/removal-defense-representation\" target=\"_blank\" rel=\"noopener noreferrer\">removal defense program\u003c/a> at the California Rural Legal Assistance Foundation in Sacramento. The advocates drove her to Fleming’s office and made an urgent plea for legal help.\u003c/p>\n\u003cp>“We were able to talk to her and then advocate with ICE to give her a few more days to be able to try to reopen that removal proceeding because she did not know about it,” Fleming said.\u003c/p>\n\u003cp>The swift response by the activists and lawyers was an incredible stroke of luck for Díaz. Attorneys succeeded in reopening her case. And in March, with Fleming representing her, she won asylum for herself and her children.\u003c/p>\n\u003cp>But what Díaz experienced is common for asylum seekers without a lawyer. Fleming said Díaz’s case shows how even people with legitimate claims to asylum can be ordered deported without getting a chance to make their case to a judge.\u003c/p>\n\u003cp>“She didn’t understand, as most people don’t, what the next process entailed in terms of applying for asylum,” she continued. “She didn’t realize that going to an ICE office is different from going to court.”\u003c/p>\n\u003cp>[pullquote size='large' align='right']Judge Phan turned to a towering stack of blue folders for those not present. Then she signed deportation orders for 23 people who failed to appear.[/pullquote]\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.[aside postID=news_11886227]At one “returned notice” hearing in San Francisco in late October, Judge Susan Phan had 31 cases on her afternoon docket, but only six of the people were present.\u003c/p>\n\u003cp>One woman in the courtroom was Nichol Valencia, a fluent English speaker originally from the Philippines who’s married to a U.S. Coast Guard officer. She said she learned that her December hearing date had been rescheduled for October when she checked the court’s website, concerned that COVID-19 might interfere with court business.\u003c/p>\n\u003cp>“We called you in today because we were concerned you were not getting hearing notices,” Phan told Valencia. “Even though you submitted your new address to the ICE officer, you have to separately submit it to the court.”\u003c/p>\n\u003cp>“I did submit a blue form to the court,” responded Valencia, who again provided her new address.\u003c/p>\n\u003cp>After scheduling a new hearing for Valencia in February, Judge Phan turned to a towering stack of blue folders for those not present. She rescheduled two cases, telling the ICE prosecutor he needed to provide more evidence. Then Phan signed deportation orders for 23 people who failed to appear.\u003c/p>\n\u003cp>Atkinson said she thinks the new system was an effort to cope with the court’s massive backlog, which recently surpassed 1.5 million cases. [aside postID=news_11883227]\u003c/p>\n\u003cp>“This was a way to help some cases get back on track that might have otherwise lost contact with the court, but the actual result is they’re deporting people in very high numbers,” she said.\u003c/p>\n\u003cp>In November, Atkinson sent a letter on behalf of a group of Bay Area legal advocates to the presiding judge for the San Francisco court expressing “grave concerns” about the returned notice dockets, arguing they violate the constitutional due process rights of people who are ordered deported in absentia.\u003c/p>\n\u003cp>In addition, the letter said, the COVID-19 pandemic has caused housing instability for many immigrants and restricted their access to legal services, two reasons the court should be more understanding.\u003c/p>\n\u003cp>In December, an official for the court system replied, calling the approach a “longstanding practice” for immigration courts throughout the country.\u003c/p>\n\u003cp>Courts “routinely create dockets for cases with returned hearing notices for efficiency and docket management,” wrote Alexis Fooshé, the communications and legislative affairs division chief of the Executive Office for Immigration Review. “Like every case before the court, immigration judges make decisions based on the specific and unique factors of each case in accordance with applicable law.”[aside tag=\"immigration, migration\" label=\"Related Coverage\"]Atkinson said if people in immigration proceedings had the right to court-appointed counsel, attorneys would help with the simple but essential task of keeping contact information current.\u003c/p>\n\u003cp>“And all of your mail would go to the lawyer’s office, so that would be a huge problem solved right there,” she said.\u003c/p>\n\u003cp>Díaz did not have a lawyer to sort out the mess caused when ICE erroneously entered her brother’s address. She’s grateful that the two advocates stopped to help when they saw her weeping outside the Sacramento ICE office.\u003c/p>\n\u003cp>“If they hadn’t been there, I wouldn’t be here,” she said. “I’d be back in my country and God knows what would have happened to me there.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Navigating immigration court can be bewildering — but without a lawyer, it can be disastrous, and some newly arrived asylum seekers never even get their day in court. One woman, Rosa Díaz, got lucky.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When she was released from detention with a temporary status called “parole,” she was given a year before she had to check in with ICE. Díaz said she thought she had already been granted asylum.\u003c/p>\n\u003cp>“When a person first gets here, they don't know how things work, and nobody explained it to me,” she said.\u003c/p>\n\u003cp>The asylum process can be baffling, and, as Díaz learned, navigating it without a lawyer can be disastrous. Unlike in criminal cases, people in federal immigration court have no right to a court-appointed lawyer if they can’t find their own.\u003c/p>\n\u003cp>Like Díaz, thousands of newly arrived \u003ca href=\"https://trac.syr.edu/phptools/immigration/asylum/\">asylum seekers never get their day in court\u003c/a>. They can be tripped up by paperwork, and a clerical error can be enough to get them deported.\u003c/p>\n\u003cp>Last year a third of all immigrants in asylum cases did not have representation, according to data analyzed by the \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\" target=\"_blank\" rel=\"noopener noreferrer\">Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University. And over the past two decades, just 10% of asylum seekers without legal representation won their cases, while those with lawyers were nearly four times as likely to win protection, according to \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\" target=\"_blank\" rel=\"noopener noreferrer\">TRAC’s data\u003c/a>.\u003c/p>\n\u003ch3>The luckiest lunch break\u003c/h3>\n\u003cp>After passing an initial asylum screening, Díaz and her kids were released from family detention on June 20, 2018, and told to check in with ICE before her one-year parole document expired. So on June 13, 2019, Díaz voluntarily went to the ICE office in Sacramento. She was instructed to return on June 20 with all her documents, which she did. That day, ICE officials put her in a GPS ankle monitor. On July 12, they summoned her again, and that’s when she learned she had been ordered deported “in absentia” by a Los Angeles immigration judge on Nov. 27, 2018.\u003c/p>\n\u003cp>ICE officials told Díaz they planned to deport her that same day. But first, the office was closing for lunch.\u003c/p>\n\u003cp>“I went outside, sat down and burst into tears,” Díaz said. “I cried because I had gotten all the way here with my three children and I couldn’t imagine taking them back to Honduras.”\u003c/p>\n\u003cp>A pair of immigrant rights advocates with \u003ca href=\"https://www.norcalresist.org/\" target=\"_blank\" rel=\"noopener noreferrer\">NorCal Resist\u003c/a> who were leafleting outside the ICE building stopped to check on Díaz, said Katie Fleming, director of the \u003ca href=\"https://www.crlaf.org/removal-defense-representation\" target=\"_blank\" rel=\"noopener noreferrer\">removal defense program\u003c/a> at the California Rural Legal Assistance Foundation in Sacramento. The advocates drove her to Fleming’s office and made an urgent plea for legal help.\u003c/p>\n\u003cp>“We were able to talk to her and then advocate with ICE to give her a few more days to be able to try to reopen that removal proceeding because she did not know about it,” Fleming said.\u003c/p>\n\u003cp>The swift response by the activists and lawyers was an incredible stroke of luck for Díaz. Attorneys succeeded in reopening her case. And in March, with Fleming representing her, she won asylum for herself and her children.\u003c/p>\n\u003cp>But what Díaz experienced is common for asylum seekers without a lawyer. Fleming said Díaz’s case shows how even people with legitimate claims to asylum can be ordered deported without getting a chance to make their case to a judge.\u003c/p>\n\u003cp>“She didn’t understand, as most people don’t, what the next process entailed in terms of applying for asylum,” she continued. “She didn’t realize that going to an ICE office is different from going to court.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.\u003c/p>\u003c/div>",
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"content": "\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called “dedicated docket” is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>[aside postID=\"news_11883227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg\"]“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>[aside postID=\"news_11886227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg\"]One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the ‘rocket docket’\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>[pullquote size='large' align='right']People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court.[/pullquote]The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I’m from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It’s harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Johanna Torres, immigration attorney\"]‘I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.’[/pullquote]“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration']Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called “dedicated docket” is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the ‘rocket docket’\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I’m from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It’s harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n\u003c/p>\u003c/div>",
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"title": "'There's a Lot That's Not Working Within the System': Afghan Evacuees Struggle with Housing and Immigration Hurdles",
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"content": "\u003cp>\u003cstrong>Skip to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#locations\">How to help, and how to find help\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>Over four months since the fall of Kabul, some Afghan evacuees are still working to find a sense of stability here in the Bay Area.\u003c/p>\n\u003cp>For some families, it’s an ongoing search for an affordable home and a job. For others, like Sadaat, it’s fighting with bureaucracy to obtain the necessary paperwork for their loved ones in Afghanistan to join them.\u003c/p>\n\u003cp>Sadaat arrived in the Bay Area on Oct. 21 — flying from Abu Dhabi with her three children, ages 8, 10 and 12. She preferred to use a pseudonym for fear of Taliban retaliation against her husband and other family members who are still in Afghanistan.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Sadaat, Afghan evacuee in the Bay Area\"]‘It’s not easy to survive in this country. We have been already waiting for three years and still — such a messy situation.’[/pullquote]Before leaving her country, Sadaat worked for a U.S. Agency for International Development, or USAID, project on agricultural development.\u003c/p>\n\u003cp>She received her visa in August before Kabul fell to the Taliban, but her husband was still waiting for his paperwork. She waited another two months, leaving the country with her children. Now she’s in Fremont.\u003c/p>\n\u003cp>“I’m here with my three children, I’m just struggling with that — finding resources and finding different sources to help me out. How can I get him out of there?” she told KQED.\u003c/p>\n\u003cp>She said her husband had previously worked with the U.S. government, and now he has to live in hiding from the Taliban regime.\u003c/p>\n\u003cp>“He’s not living a normal life,” Sadaat said. But she acknowledges that caring for three kids by herself in the U.S. is also far from normal.\u003c/p>\n\u003cp>Since she has to take her kids to school and pick them up, Sadaat hasn’t been able to find a job. Her brother lives in Fremont and has been helping her move around the city until she can get her own license and car to drive.\u003c/p>\n\u003cp>“It’s not easy to survive in this country,” she said. “We have been already waiting for three years and still — such a messy situation.”\u003c/p>\n\u003cp>“This pending situation is very frustrating for me,” Sadaat said. Her kids are having trouble focusing as well, living in a new country without their father.\u003c/p>\n\u003cp>[aside postID=\"news_11890467\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/019_EastBay_JFCSAfghanResettlement_09102021-1020x680.jpg\"]Aminah Abdullah, who is the charity coordinator at the Pleasanton \u003ca href=\"https://mcceastbay.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Muslim Community Center in the East Bay\u003c/a> (MCC), says that for many recently arrived evacuees, the biggest challenge is housing, and once housing is secured, everything else becomes easier. To help bridge the gap and provide food, MCC has been \u003ca href=\"https://mcceastbay.org/event/afghan-refugee-food-drive/2021-11-05/\" target=\"_blank\" rel=\"noopener noreferrer\">coordinating food drop-offs\u003c/a> for families who are in need of support, many of whom are waiting for state benefits to kick in.\u003c/p>\n\u003cp>Abdullah said they’re also asking for used cars so they can fix them up for families. “A lot of people are working from home now. They might have an extra vehicle they no longer need. They could donate it to MCC and we would fix it up if needed and pass it along to a refugee family,” she said.\u003c/p>\n\u003cp>MCC works with refugee resettlement organizations like the International Rescue Committee and Jewish Family and Community Services East Bay who assist with housing and support in the first few months of arrival.\u003c/p>\n\u003ch3>Searching for stability\u003c/h3>\n\u003cp>For M. Shakir, who left Kabul with her husband and 4-year-old son, the journey since mid-August has been long and slow.\u003c/p>\n\u003cp>After sleeping on the floor overnight at the airport in Kabul, they left Afghanistan Aug. 17, landed in Qatar and were then moved to Germany. After five days, Shakir said, they arrived in Washington, D.C., and from there were moved to \u003ca href=\"https://www.keranews.org/texas-news/2021-09-23/fort-bliss-builds-village-for-afghan-evacuees\" target=\"_blank\" rel=\"noopener noreferrer\">Fort Bliss in Texas\u003c/a>, where about 10,000 evacuees were placed, with 100 people to a tent.\u003c/p>\n\u003cp>“It was really hard … I must say terrible,” she said. At Fort Bliss they lived in a tent with several families, but she said that hygiene was very poor. After staying there for two and a half months, they left to move in with relatives in Fremont.\u003c/p>\n\u003cp>[aside postID=\"news_11887630\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS51403_018_Fremont_MaiwandMarket_08272021-qut.jpg\"]But within the first week of their arrival, they were told by a manager of the building complex that there was an occupancy limit and they would need to leave.\u003c/p>\n\u003cp>Now they have to move again.\u003c/p>\n\u003cp>But the financial support they receive from the government is not enough to provide a security deposit, and some places ask for a credit history, something they also don’t have.\u003c/p>\n\u003cp>“We are totally lost in this situation,” she said and added that some landlords were asking for a five-month deposit on a one-bedroom apartment.\u003c/p>\n\u003cp>Back in Afghanistan, Shakir said, her husband was a contract worker for U.S.-based companies and they were in the process of applying for a \u003ca href=\"https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html\" target=\"_blank\" rel=\"noopener noreferrer\">special immigrant visa\u003c/a> (SIV) when they left, but she said they applied for humanitarian parole and have received approval to stay for now.\u003c/p>\n\u003cp>In many cases, \u003ca href=\"https://immigrationforum.org/article/explainer-humanitarian-parole-and-the-afghan-evacuation/\" target=\"_blank\" rel=\"noopener noreferrer\">humanitarian parole\u003c/a> was seen as a temporary workaround that would allow individuals to enter and stay in the U.S. without a visa for “urgent humanitarian reasons.”\u003c/p>\n\u003cp>Legal and community groups say they expect to file at least 30,000 humanitarian parole applications, but nationwide only about 100 applications have been approved since July.\u003c/p>\n\u003cp>For Shakir, who received temporary status under humanitarian parole, it hasn’t solved all of the challenges. Her CalFresh card stopped working, so the family needs help with food in addition to housing.\u003c/p>\n\u003cp>“We waited for four weeks and it didn’t arrive at our mail address. Then they said, ‘Wait, one week more.’ We waited one week more. Still, it didn’t arrive,” she explained. “Then they said, ‘OK, you apply for replacement.’ We applied for a replacement again.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Shakir, Afghan evacuee in the Bay Area\"]‘We don’t want to be a load on the government. We have experience. We can work, you know?’[/pullquote]For now, this has meant they are forgoing meals so their son has enough to eat and they rely on family members for assistance.\u003c/p>\n\u003cp>“We are affected and sometimes we feel very heavy,” she said.\u003c/p>\n\u003cp>“We had a good life there back in Kabul, in Afghanistan … life before was quite amazing. Like my husband was a civil engineer. And also he had his own business,” she said. Shakir was a professor at a university, teaching management.\u003c/p>\n\u003cp>“We don’t want to be a load on the government. We have experience. We can work, you know?” she said.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>The ongoing humanitarian parole backlog\u003c/h3>\n\u003cp>\u003ca href=\"https://www.nasirilaw.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Spojmie Nasiri\u003c/a>, an immigration attorney in the Bay Area, said she began frantically filing humanitarian parole petitions for people seeking to evacuate Afghanistan soon after the Taliban takeover.\u003c/p>\n\u003cp>For those in Afghanistan, “humanitarian parole is the last resort,” she said. “The unicorn of seeking relief into the U.S. The criteria has always been very stringent.”\u003c/p>\n\u003cp>Because the U.S. embassy in Kabul is closed down, Afghans need to travel to another country with an operating American embassy or consulate to be approved for humanitarian parole.\u003c/p>\n\u003cp>[aside postID=\"news_11885170\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51188_GettyImages-1336534302-qut-1020x681.jpg\"]“And we all know that with the dire situation in Afghanistan, particular minority groups, women judges, lawyers, other groups that are targeted by the Taliban are in dire danger right now and are living in Afghanistan either in safe houses or in hiding,” Nasiri said.\u003c/p>\n\u003cp>“And how are they going to possibly go to a third country that is not issuing visas?”\u003c/p>\n\u003cp>Immigration attorneys working with clients in Afghanistan are calling for the U.S. government to lower the requirements for humanitarian parole.\u003c/p>\n\u003cp>Paris Etemadi Scott, the legal director of the Pars Equality Center in San Jos\u003cspan style=\"font-weight: 400\">é\u003c/span>, said one of her clients in Afghanistan has been moving constantly to stay safe because his experience as a contractor for the American government and education in the U.S. puts him at imminent risk.\u003c/p>\n\u003cp>Scott explains that even this client is likely to have his application for humanitarian parole denied because it would be so difficult to get a third party to corroborate that he is at risk of imminent harm.\u003c/p>\n\u003cp>“This is a very high evidentiary standard, basically asking Afghans who are in hiding, who don’t have enough to eat, to try to find a person to write a statement specifically naming them and the risk of harm they’re suffering,” she said.\u003c/p>\n\u003cp>“Potentially going to Taliban and asking them to notarize the statement. And that’s just, that’s basically tantamount to abandoning our Afghan allies.”\u003c/p>\n\u003cp>https://twitter.com/project_anar/status/1470834153146904579\u003c/p>\n\u003cp>She and other advocates are calling for an Afghan parole program with a criteria based on general risk rather than showing evidence for individual harm. “At this stage, it just seems like the U.S. is washing its hands of Afghanistan and just moving on,” Scott said.\u003c/p>\n\u003cp>Kyra Lilien, director of the immigration legal services program at Jewish Family and Community Services East Bay, said while the organization has resettled 300 people in the Bay Area over the last four months, none of her clients has been approved for humanitarian parole.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jane Pak, co-executive director, Refugee and Immigrant Transitions\"]‘What’s been beautiful is how the communities have been coming together in solidarity … doing everything they can to volunteer, to raise resources, to welcome people.’[/pullquote]“The question of the hour is, what other option is there? And really, there is none,” Lilien said. “There’s sort of the false option that the U.S government is advancing, which is that Afghans should find their own way out of Afghanistan somehow.”\u003c/p>\n\u003cp>On Dec. 13, over 200 organizations sent \u003ca href=\"https://docs.google.com/document/d/1TchmLvdvWUwQlUsblvNd_65TahuAkTSKlKcpKCfOBSI/edit\" target=\"_blank\" rel=\"noopener noreferrer\">a letter\u003c/a> to the Biden administration regarding humanitarian parole denials for Afghans. The letter, spearheaded by \u003ca href=\"https://www.projectanar.org/225-organizations-slam-uscis-policy-on-afghans-seeking-humanitarian-protections\" target=\"_blank\" rel=\"noopener noreferrer\">Project ANAR\u003c/a> (Afghan Network for Advocacy and Resources), marks the second appeal by the group to the White House and members of Congress. According to The Wall Street Journal, \u003ca href=\"https://www.wsj.com/articles/more-than-60-000-interpreters-visa-applicants-remain-in-afghanistan-11639689706?mod=panda_wsj_author_alert\" target=\"_blank\" rel=\"noopener noreferrer\">60,000 visa applicants remain in Afghanistan\u003c/a>.\u003c/p>\n\u003cp>For Jane Pak, co-executive director at \u003ca href=\"https://www.reftrans.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Refugee and Immigrant Transitions\u003c/a> in Oakland, it’s been hard to see the different parts of the system that don’t connect — from people in Afghanistan being told to apply for humanitarian parole without the structure in place to do so — to what appears to be blanket rejections of applicants already in the United States.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration']“All these efforts to do the right thing are met by systemic flaws that are damaging and hurtful,” she said.\u003c/p>\n\u003cp>Although dealing with all the immigration hurdles has been very difficult, Pak said, the support from the already settled Bay Area Afghan community has been a source of joy and warmth.\u003c/p>\n\u003cp>“What’s been beautiful is how the communities have been coming together in solidarity,” she said, “doing everything they can to volunteer, to raise resources, to welcome people who are here.”\u003c/p>\n\u003cp>But she said, at the root of it, “there’s a lot that’s not working within the system … and I just want to call attention to that.”\u003c/p>\n\u003ch3>\u003ca id=\"locations\">\u003c/a>Resources\u003c/h3>\n\u003cp>\u003cstrong>Legal assistance \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://parsequalitycenter.org/\" target=\"_blank\" rel=\"noopener noreferrer\">PARS Equality Center\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://sf-cairs.org/\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco Coalition of Asylee, Immigrant, and Refugee Services\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.facebook.com/EastBayRefugeeandImmigrantForum/\" target=\"_blank\" rel=\"noopener noreferrer\">East Bay Refugee and Immigrant Forum\u003c/a>\u003c/li>\n\u003cli>Immigrant Legal Services \u003ca href=\"https://www.sanjoseca.gov/home/showpublisheddocument/48721/637118335366670000\" target=\"_blank\" rel=\"noopener noreferrer\">referral list\u003c/a> from the City of San Jos\u003cspan style=\"font-weight: 400\">é\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Food assistance\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSdaTTNOrXKdD98sdbtsowmPJGT2G461-rQIo2OfUyJu3y9Kag/viewform\" target=\"_blank\" rel=\"noopener noreferrer\">Request food assistance (from MCC East Bay).\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Volunteer with the Muslim Community Center\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Sign up to \u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSe7r0ER-PDEeHRYlt9fSRqOF3kdfmVmc4cgAYtQ4KeyVgYfYw/viewform\" target=\"_blank\" rel=\"noopener noreferrer\">volunteer\u003c/a> with the food pantry.\u003c/li>\n\u003cli>\u003ca href=\"https://mcceastbay.org/donate-furniture/\">Donate furniture\u003c/a> in like-new condition.\u003c/li>\n\u003cli>Learn more about \u003ca href=\"https://mcceastbay.org/vehicle-donation/\" target=\"_blank\" rel=\"noopener noreferrer\">donating used cars\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://mcceastbay.org/vehicle-donation/\">Share housing or employment referrals\u003c/a> and/or to indicate willingness to co-sign a lease.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Resources in all Bay Area counties\u003c/strong>\u003cbr>\nDial 211 for \u003ca href=\"https://www.211bayarea.org/\" target=\"_blank\" rel=\"noopener noreferrer\">United Way’s resource line\u003c/a> (150 languages).\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"headline": "'There's a Lot That's Not Working Within the System': Afghan Evacuees Struggle with Housing and Immigration Hurdles",
"datePublished": "2021-12-18T11:46:38-08:00",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Skip to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#locations\">How to help, and how to find help\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>Over four months since the fall of Kabul, some Afghan evacuees are still working to find a sense of stability here in the Bay Area.\u003c/p>\n\u003cp>For some families, it’s an ongoing search for an affordable home and a job. For others, like Sadaat, it’s fighting with bureaucracy to obtain the necessary paperwork for their loved ones in Afghanistan to join them.\u003c/p>\n\u003cp>Sadaat arrived in the Bay Area on Oct. 21 — flying from Abu Dhabi with her three children, ages 8, 10 and 12. She preferred to use a pseudonym for fear of Taliban retaliation against her husband and other family members who are still in Afghanistan.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘It’s not easy to survive in this country. We have been already waiting for three years and still — such a messy situation.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Before leaving her country, Sadaat worked for a U.S. Agency for International Development, or USAID, project on agricultural development.\u003c/p>\n\u003cp>She received her visa in August before Kabul fell to the Taliban, but her husband was still waiting for his paperwork. She waited another two months, leaving the country with her children. Now she’s in Fremont.\u003c/p>\n\u003cp>“I’m here with my three children, I’m just struggling with that — finding resources and finding different sources to help me out. How can I get him out of there?” she told KQED.\u003c/p>\n\u003cp>She said her husband had previously worked with the U.S. government, and now he has to live in hiding from the Taliban regime.\u003c/p>\n\u003cp>“He’s not living a normal life,” Sadaat said. But she acknowledges that caring for three kids by herself in the U.S. is also far from normal.\u003c/p>\n\u003cp>Since she has to take her kids to school and pick them up, Sadaat hasn’t been able to find a job. Her brother lives in Fremont and has been helping her move around the city until she can get her own license and car to drive.\u003c/p>\n\u003cp>“It’s not easy to survive in this country,” she said. “We have been already waiting for three years and still — such a messy situation.”\u003c/p>\n\u003cp>“This pending situation is very frustrating for me,” Sadaat said. Her kids are having trouble focusing as well, living in a new country without their father.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Aminah Abdullah, who is the charity coordinator at the Pleasanton \u003ca href=\"https://mcceastbay.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Muslim Community Center in the East Bay\u003c/a> (MCC), says that for many recently arrived evacuees, the biggest challenge is housing, and once housing is secured, everything else becomes easier. To help bridge the gap and provide food, MCC has been \u003ca href=\"https://mcceastbay.org/event/afghan-refugee-food-drive/2021-11-05/\" target=\"_blank\" rel=\"noopener noreferrer\">coordinating food drop-offs\u003c/a> for families who are in need of support, many of whom are waiting for state benefits to kick in.\u003c/p>\n\u003cp>Abdullah said they’re also asking for used cars so they can fix them up for families. “A lot of people are working from home now. They might have an extra vehicle they no longer need. They could donate it to MCC and we would fix it up if needed and pass it along to a refugee family,” she said.\u003c/p>\n\u003cp>MCC works with refugee resettlement organizations like the International Rescue Committee and Jewish Family and Community Services East Bay who assist with housing and support in the first few months of arrival.\u003c/p>\n\u003ch3>Searching for stability\u003c/h3>\n\u003cp>For M. Shakir, who left Kabul with her husband and 4-year-old son, the journey since mid-August has been long and slow.\u003c/p>\n\u003cp>After sleeping on the floor overnight at the airport in Kabul, they left Afghanistan Aug. 17, landed in Qatar and were then moved to Germany. After five days, Shakir said, they arrived in Washington, D.C., and from there were moved to \u003ca href=\"https://www.keranews.org/texas-news/2021-09-23/fort-bliss-builds-village-for-afghan-evacuees\" target=\"_blank\" rel=\"noopener noreferrer\">Fort Bliss in Texas\u003c/a>, where about 10,000 evacuees were placed, with 100 people to a tent.\u003c/p>\n\u003cp>“It was really hard … I must say terrible,” she said. At Fort Bliss they lived in a tent with several families, but she said that hygiene was very poor. After staying there for two and a half months, they left to move in with relatives in Fremont.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But within the first week of their arrival, they were told by a manager of the building complex that there was an occupancy limit and they would need to leave.\u003c/p>\n\u003cp>Now they have to move again.\u003c/p>\n\u003cp>But the financial support they receive from the government is not enough to provide a security deposit, and some places ask for a credit history, something they also don’t have.\u003c/p>\n\u003cp>“We are totally lost in this situation,” she said and added that some landlords were asking for a five-month deposit on a one-bedroom apartment.\u003c/p>\n\u003cp>Back in Afghanistan, Shakir said, her husband was a contract worker for U.S.-based companies and they were in the process of applying for a \u003ca href=\"https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html\" target=\"_blank\" rel=\"noopener noreferrer\">special immigrant visa\u003c/a> (SIV) when they left, but she said they applied for humanitarian parole and have received approval to stay for now.\u003c/p>\n\u003cp>In many cases, \u003ca href=\"https://immigrationforum.org/article/explainer-humanitarian-parole-and-the-afghan-evacuation/\" target=\"_blank\" rel=\"noopener noreferrer\">humanitarian parole\u003c/a> was seen as a temporary workaround that would allow individuals to enter and stay in the U.S. without a visa for “urgent humanitarian reasons.”\u003c/p>\n\u003cp>Legal and community groups say they expect to file at least 30,000 humanitarian parole applications, but nationwide only about 100 applications have been approved since July.\u003c/p>\n\u003cp>For Shakir, who received temporary status under humanitarian parole, it hasn’t solved all of the challenges. Her CalFresh card stopped working, so the family needs help with food in addition to housing.\u003c/p>\n\u003cp>“We waited for four weeks and it didn’t arrive at our mail address. Then they said, ‘Wait, one week more.’ We waited one week more. Still, it didn’t arrive,” she explained. “Then they said, ‘OK, you apply for replacement.’ We applied for a replacement again.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We don’t want to be a load on the government. We have experience. We can work, you know?’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>For now, this has meant they are forgoing meals so their son has enough to eat and they rely on family members for assistance.\u003c/p>\n\u003cp>“We are affected and sometimes we feel very heavy,” she said.\u003c/p>\n\u003cp>“We had a good life there back in Kabul, in Afghanistan … life before was quite amazing. Like my husband was a civil engineer. And also he had his own business,” she said. Shakir was a professor at a university, teaching management.\u003c/p>\n\u003cp>“We don’t want to be a load on the government. We have experience. We can work, you know?” she said.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>The ongoing humanitarian parole backlog\u003c/h3>\n\u003cp>\u003ca href=\"https://www.nasirilaw.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Spojmie Nasiri\u003c/a>, an immigration attorney in the Bay Area, said she began frantically filing humanitarian parole petitions for people seeking to evacuate Afghanistan soon after the Taliban takeover.\u003c/p>\n\u003cp>For those in Afghanistan, “humanitarian parole is the last resort,” she said. “The unicorn of seeking relief into the U.S. The criteria has always been very stringent.”\u003c/p>\n\u003cp>Because the U.S. embassy in Kabul is closed down, Afghans need to travel to another country with an operating American embassy or consulate to be approved for humanitarian parole.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“And we all know that with the dire situation in Afghanistan, particular minority groups, women judges, lawyers, other groups that are targeted by the Taliban are in dire danger right now and are living in Afghanistan either in safe houses or in hiding,” Nasiri said.\u003c/p>\n\u003cp>“And how are they going to possibly go to a third country that is not issuing visas?”\u003c/p>\n\u003cp>Immigration attorneys working with clients in Afghanistan are calling for the U.S. government to lower the requirements for humanitarian parole.\u003c/p>\n\u003cp>Paris Etemadi Scott, the legal director of the Pars Equality Center in San Jos\u003cspan style=\"font-weight: 400\">é\u003c/span>, said one of her clients in Afghanistan has been moving constantly to stay safe because his experience as a contractor for the American government and education in the U.S. puts him at imminent risk.\u003c/p>\n\u003cp>Scott explains that even this client is likely to have his application for humanitarian parole denied because it would be so difficult to get a third party to corroborate that he is at risk of imminent harm.\u003c/p>\n\u003cp>“This is a very high evidentiary standard, basically asking Afghans who are in hiding, who don’t have enough to eat, to try to find a person to write a statement specifically naming them and the risk of harm they’re suffering,” she said.\u003c/p>\n\u003cp>“Potentially going to Taliban and asking them to notarize the statement. And that’s just, that’s basically tantamount to abandoning our Afghan allies.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>She and other advocates are calling for an Afghan parole program with a criteria based on general risk rather than showing evidence for individual harm. “At this stage, it just seems like the U.S. is washing its hands of Afghanistan and just moving on,” Scott said.\u003c/p>\n\u003cp>Kyra Lilien, director of the immigration legal services program at Jewish Family and Community Services East Bay, said while the organization has resettled 300 people in the Bay Area over the last four months, none of her clients has been approved for humanitarian parole.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘What’s been beautiful is how the communities have been coming together in solidarity … doing everything they can to volunteer, to raise resources, to welcome people.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The question of the hour is, what other option is there? And really, there is none,” Lilien said. “There’s sort of the false option that the U.S government is advancing, which is that Afghans should find their own way out of Afghanistan somehow.”\u003c/p>\n\u003cp>On Dec. 13, over 200 organizations sent \u003ca href=\"https://docs.google.com/document/d/1TchmLvdvWUwQlUsblvNd_65TahuAkTSKlKcpKCfOBSI/edit\" target=\"_blank\" rel=\"noopener noreferrer\">a letter\u003c/a> to the Biden administration regarding humanitarian parole denials for Afghans. The letter, spearheaded by \u003ca href=\"https://www.projectanar.org/225-organizations-slam-uscis-policy-on-afghans-seeking-humanitarian-protections\" target=\"_blank\" rel=\"noopener noreferrer\">Project ANAR\u003c/a> (Afghan Network for Advocacy and Resources), marks the second appeal by the group to the White House and members of Congress. According to The Wall Street Journal, \u003ca href=\"https://www.wsj.com/articles/more-than-60-000-interpreters-visa-applicants-remain-in-afghanistan-11639689706?mod=panda_wsj_author_alert\" target=\"_blank\" rel=\"noopener noreferrer\">60,000 visa applicants remain in Afghanistan\u003c/a>.\u003c/p>\n\u003cp>For Jane Pak, co-executive director at \u003ca href=\"https://www.reftrans.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Refugee and Immigrant Transitions\u003c/a> in Oakland, it’s been hard to see the different parts of the system that don’t connect — from people in Afghanistan being told to apply for humanitarian parole without the structure in place to do so — to what appears to be blanket rejections of applicants already in the United States.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“All these efforts to do the right thing are met by systemic flaws that are damaging and hurtful,” she said.\u003c/p>\n\u003cp>Although dealing with all the immigration hurdles has been very difficult, Pak said, the support from the already settled Bay Area Afghan community has been a source of joy and warmth.\u003c/p>\n\u003cp>“What’s been beautiful is how the communities have been coming together in solidarity,” she said, “doing everything they can to volunteer, to raise resources, to welcome people who are here.”\u003c/p>\n\u003cp>But she said, at the root of it, “there’s a lot that’s not working within the system … and I just want to call attention to that.”\u003c/p>\n\u003ch3>\u003ca id=\"locations\">\u003c/a>Resources\u003c/h3>\n\u003cp>\u003cstrong>Legal assistance \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://parsequalitycenter.org/\" target=\"_blank\" rel=\"noopener noreferrer\">PARS Equality Center\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://sf-cairs.org/\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco Coalition of Asylee, Immigrant, and Refugee Services\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.facebook.com/EastBayRefugeeandImmigrantForum/\" target=\"_blank\" rel=\"noopener noreferrer\">East Bay Refugee and Immigrant Forum\u003c/a>\u003c/li>\n\u003cli>Immigrant Legal Services \u003ca href=\"https://www.sanjoseca.gov/home/showpublisheddocument/48721/637118335366670000\" target=\"_blank\" rel=\"noopener noreferrer\">referral list\u003c/a> from the City of San Jos\u003cspan style=\"font-weight: 400\">é\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Food assistance\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSdaTTNOrXKdD98sdbtsowmPJGT2G461-rQIo2OfUyJu3y9Kag/viewform\" target=\"_blank\" rel=\"noopener noreferrer\">Request food assistance (from MCC East Bay).\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Volunteer with the Muslim Community Center\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Sign up to \u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSe7r0ER-PDEeHRYlt9fSRqOF3kdfmVmc4cgAYtQ4KeyVgYfYw/viewform\" target=\"_blank\" rel=\"noopener noreferrer\">volunteer\u003c/a> with the food pantry.\u003c/li>\n\u003cli>\u003ca href=\"https://mcceastbay.org/donate-furniture/\">Donate furniture\u003c/a> in like-new condition.\u003c/li>\n\u003cli>Learn more about \u003ca href=\"https://mcceastbay.org/vehicle-donation/\" target=\"_blank\" rel=\"noopener noreferrer\">donating used cars\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://mcceastbay.org/vehicle-donation/\">Share housing or employment referrals\u003c/a> and/or to indicate willingness to co-sign a lease.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Resources in all Bay Area counties\u003c/strong>\u003cbr>\nDial 211 for \u003ca href=\"https://www.211bayarea.org/\" target=\"_blank\" rel=\"noopener noreferrer\">United Way’s resource line\u003c/a> (150 languages).\u003cbr>\n\u003c/p>\u003c/div>",
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"disqusTitle": "Protesters Demand ICE Stop Using Yuba Jail to Detain Immigrants",
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"content": "\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.[pullquote align=\"right\" size=\"medium\" citation=\"Ricardo Vasquez Cruz, a Salvadoran immigrant who was detained at Yuba County Jail\"]'What I experienced, I don't want another human being to live through that.'[/pullquote]“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”[pullquote]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chanting, “Shut it down! Shut it down!,” more than a dozen protesters gathered this week in downtown San Francisco to demand the Biden administration permanently stop detaining immigrants at a county jail north of Sacramento that they say has a long history of dangerous confinement conditions.\u003c/p>\n\u003cp>Yuba County Jail in Marysville is the only remaining public facility in California that gets paid by U.S. Immigration and Customs Enforcement to lock up immigrants fighting deportation.\u003c/p>\n\u003cp>“Detention is always bad, but especially at Yuba County Jail, because of its history of mental health neglect, of medical neglect, of, unfortunately, tragic deaths,” said Laura Duarte Bateman, communications manager with the California Collaborative for Immigrant Justice, which organized Wednesday’s protest outside ICE’s San Francisco offices.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We’ve seen that, for more than 40 years, they’ve had these really horrible conditions,” she added.\u003c/p>\n\u003cp>The jail has been under the supervision of a federal court since 1979. A consent decree that was negotiated beforehand between the county and attorneys representing people incarcerated in the jail required the facility to improve conditions, including by providing timely medical care and access to exercise and recreation.\u003c/p>\n\u003cp>In 2019, four decades after it went into effect, the consent decree was amended to reflect current issues with the jail. But a recent monitoring report by the original attorneys concluded \u003ca href=\"https://rbgg.com/yuba-county-jail-monitoring-report-again-finds-county-not-in-compliance-with-amended-consent-decree/\">the jail is still not in full compliance\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The report found a number of violations, including a failure to follow intake protocols at the jail, which may have contributed to one person’s death, and the ongoing practice of placing people with serious mental illness in segregated housing units on a long-term basis.\u003c/p>\n\u003cfigure id=\"attachment_11899496\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\">\u003cimg class=\"wp-image-11899496 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg\" alt=\"A woman speaks into a microphone, in front of two other women holding a banner that says '¡Somos 11!'\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52944_IMG_4617-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Laura Duarte Bateman speaks to protesters in front of ICE's offices in San Francisco on Dec. 15, 2021. On her right is Miguel Araujo, 73, who was held by ICE at the Yuba County Jail in 2018 and continues to fight deportation. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In April 2020, the jail held 144 immigrants as part of its arrangement with ICE. But all the \u003ca href=\"https://www.kqed.org/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections\">detainees were released during the pandemic\u003c/a>, partly as a result of another federal judge’s orders aimed at preventing a COVID-19 outbreak at the facility.\u003c/p>\n\u003cp>Yet, ICE is still on the hook to pay Yuba County at least $23,720 a day as part of their agreement, even though no detainees are currently being held there, according to the Yuba County Sheriff’s Department.\u003c/p>\n\u003cp>That expenditure was criticized as an “obvious waste of resources” by two dozen Democratic members of Congress from California who in October \u003ca href=\"https://lofgren.house.gov/sites/lofgren.house.gov/files/CA%20ICE%20Detention%20Letter.pdf\">expressed their grievances in a letter\u003c/a> to U.S. Department of Homeland Security Secretary Alejandro Mayorkas, whose agency oversees ICE. The lawmakers urged Mayorkas to take immediate steps to end ICE’s contracts with both the jail and two privately run detention centers in the state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Those detained at Yuba have experienced a lack of medical care, broken hygiene facilities, unsanitary conditions including mold and insects, spoiled food, and excessive use of solitary confinement, leading to repeat protests and hunger strikes, when formal complaints were mishandled,” the letter, signed by Rep. Zoe Lofgren, D-San José, and other lawmakers, said.\u003c/p>\n\u003cp>Mayorkas has not yet replied, said a staffer for Lofgren, who chairs the House Judiciary Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>ICE has not sent any new individuals to the Yuba jail since July 2020, said Kelly Wells, an immigration attorney with the San Francisco Public Defender’s Office who represented detainees in a \u003ca href=\"https://www.aclunc.org/our-work/legal-docket/zepeda-rivas-v-jennings-immigration-detention\">lawsuit\u003c/a> that forced ICE officials to release dozens of people during the pandemic.\u003c/p>\n\u003cp>“ICE is able to conduct its operations without using this facility,” said Wells, whose clients include a \u003ca href=\"https://www.kqed.org/news/11856995/they-didnt-listen-to-us-ice-detainee-who-waged-hunger-strikes-for-covid-19-protections-gets-virus\">young asylum-seeker who waged hunger strikes\u003c/a> at the jail. “So why would you go back to using a facility that can’t comply with people’s constitutional rights in normal times, much less with the heightened level of care they need when there’s a pandemic?”\u003c/p>\n\u003cp>An ICE spokesperson declined to comment on why no individuals are currently held at the jail or whether the agency plans to detain people at the facility anytime soon, as advocates fear.\u003c/p>\n\u003cp>Duarte Bateman, of the California Collaborative for Immigrant Justice, and local immigration attorneys say they believe ICE is planning to restart intakes at Yuba because the agency has requested that an immigration court in San Francisco — whose jurisdiction includes the Yuba facility — reserve time in judges’ schedules to consider new cases of people who would be detained at the jail.\u003c/p>\n\u003cp>But Yuba County Jail is not expecting any ICE detainees this week, said Leslie Carbah, a spokesperson with the Yuba County Sheriff’s Office.\u003c/p>\n\u003cp>“The simple answer is they haven’t needed the housing here,” she said. “However, we are able to accept detainees for housing when ICE has detainees in need of housing.”\u003c/p>\n\u003cp>Carbah defended conditions at the facility and maintained that while some deficiencies have been noted during inspections by state and federal authorities, they have been quickly rectified.\u003c/p>\n\u003cfigure id=\"attachment_11899497\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11899497 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg\" alt=\"A man wearing a jacket and a scarf on a street in San Francisco, with a small group of protesters behind him.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/RS52946_IMG_4652-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Salvadoran immigrant Ricardo Vasquez Cruz at a protest near ICE's offices in San Francisco on Dec. 15, 2021. Vasquez Cruz, 46, was detained by ICE at Yuba County Jail for more than three years, he said, and released on Oct. 27, 2021. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We have 24/7 medical and mental health care available for those in our custody, and the men and women who work in the Yuba County Jail provide a high level of service,” she said.\u003c/p>\n\u003cp>Nearly 22,000 people were detained in ICE facilities across the country as of Dec. 5, down from more than 27,000 reported in June, according to researchers at Syracuse University. The data shows that \u003ca href=\"https://trac.syr.edu/immigration/quickfacts/\">75% of those detained have no criminal record\u003c/a>, while many others have only minor violations, such as traffic infractions.\u003c/p>\n\u003cp>ICE says it must lock up people fighting deportation to ensure they appear for their court hearings. Detention resources are “focused on those who represent a danger to persons or property, for whom detention is mandatory by law, or who may be a flight risk,” said Alethea Smock, the ICE spokesperson.\u003c/p>\n\u003cp>ICE ensures that detainees in its custody “reside in safe, secure and humane environments and under appropriate conditions of confinement,” she added, quoting the agency’s \u003ca href=\"https://www.ice.gov/detain/detention-management\">website\u003c/a>.\u003c/p>\n\u003cp>In theory, civil immigration detention should not be punitive, since the people held by ICE are not serving criminal sentences.\u003c/p>\n\u003cp>But Ricardo Vasquez Cruz, a Salvadoran immigrant who in October became the \u003ca href=\"https://sfpublicdefender.org/news/2021/10/breaking-last-person-in-ice-custody-at-the-yuba-county-jail-released-after-pressure-from-advocates-attorneys-and-members-of-congress/\">last detainee\u003c/a> released from the Yuba jail, said his experience there felt like a punishment — with poor medical care available to treat his diabetes and meals that made his stomach hurt.\u003c/p>\n\u003cp>The father of a 19-year-old U.S. citizen, Vasquez Cruz said he was often locked up in a cell for more than 20 hours a day, and struggled to get soap and other basic necessities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“What I experienced, I don’t want another human being to live through that,” Vasquez Cruz, 46, told KQED in Spanish, after joining Wednesday’s protest. “Thank God I was able to bear it, but I don’t know if other people can.”\u003c/p>\u003c/div>",
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"title": "Justice Department Breaks Off Talks on Compensation for Migrant Families Separated at US-Mexico Border",
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"content": "\u003cp>The U.S. Department of Justice has broken off negotiations to pay monetary damages to families who were forcibly separated at the border during the Trump administration.\u003c/p>\n\u003cp>The negotiations, which began in the early months of the Biden administration, \u003ca href=\"https://www.kqed.org/news/tag/family-separations\">and have been reported on extensively by KQED\u003c/a>, were aimed at settling claims brought by migrant families who were separated by U.S. authorities while seeking to enter the country for asylum and other reasons — as part of the previous administration’s “zero tolerance” policy.\u003c/p>\n\u003cp>But government officials abruptly pulled the plug on all settlement talks on Thursday, Lee Gelernt, a lawyer at the American Civil Liberties Union and one of the lead negotiators, told NPR.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Lee Gelernt, ACLU attorney representing migrant families\"]‘We can see no reason for this other than this administration does not want to use any political capital to help these children. History will not judge this decision kindly.’[/pullquote]Gelernt said the Justice Department did not explain why it was walking away from the talks.\u003c/p>\n\u003cp>“We can see no reason for this other than this administration does not want to use any political capital to help these children,” Gelernt said. “History will not judge this decision kindly.”\u003c/p>\n\u003cp>In a statement, the Department of Justice said the parties have been unable to reach a settlement, but “we remain committed to engaging with the plaintiffs and to bringing justice to the victims of this abhorrent policy.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.npr.org/2021/01/27/961048895/justice-department-rescinds-trumps-zero-tolerance-immigration-policy\">controversial immigration policy was dismantled\u003c/a> within Biden’s first week as president.\u003c/p>\n\u003cp>In all, the Trump administration separated more than 5,000 families who crossed into the U.S. without visas. Under the policy, adults who entered the U.S. from the southern border were prosecuted for illegal entry. Because children cannot be imprisoned with adults, they were taken into separate federal facilities.\u003c/p>\n\u003cp>Government reports ultimately found the administration had no clear plan nor had it allocated resources to help reunite parents or guardians with their children when it implemented its zero-tolerance policy. Hundreds of families remain separated, and many more say they are still suffering the effects of the separation. And more than 100 have brought claims seeking monetary damages from the government, Gelernt said.\u003c/p>\n\u003cp>Republicans and Democrats eventually appeared united against the draconian policy, calling it a humanitarian failure. President Biden called it a “moral and national shame.” And settlement talks proceeded quietly behind closed doors for several months — until October, when The Wall Street Journal \u003ca href=\"https://www.wsj.com/articles/biden-administration-in-talks-to-pay-hundreds-of-millions-to-immigrant-families-separated-at-border-11635447591?page=1\">broke the story\u003c/a> that financial compensation amounts could reach as high as $450,000 per person in some cases.\u003cbr>\n[ad fullwidth]\u003cbr>\nAt that point, the negotiations became a political liability for Biden and his administration, who came under fire by Republicans.\u003c/p>\n\u003cp>Lawyers representing families who’d been torn apart, have insisted most settlement amounts would be far lower. But the story generated enormous outrage among GOP members, who tried to link the issue to the soaring number of arrests at the southern border. They argued that giving large cash settlements to migrant families would encourage more illegal immigration.\u003c/p>\n\u003cp>In a Department of Homeland Security \u003ca href=\"https://www.c-span.org/video/?516002-1/department-homeland-security-oversight-hearing\">hearing \u003c/a>on immigration last month, Sen. Chuck Grassley, R-Iowa, said he takes the entire concept of compensation as a personal affront.\u003c/p>\n\u003cp>“As you can imagine, many Americans think it’s a pretty outrageous idea to offer massive taxpayer-funded payments to illegal immigrants who broke our laws,” Grassley told DHS secretary Alejandro Mayorkas, blaming the Biden administration for the current immigration crisis.\u003c/p>\n\u003cp>Grassley noted that the families of service members who die on active duty receive a tax repayment of $100,000. “Under what circumstances, if any, do you think it’s appropriate for an illegal immigrant who broke our laws to receive more money from the government than the family of a fallen service member?” he asked.\u003c/p>\n\u003cp>Biden administration officials and the president himself were asked frequently about the settlement talks, which appear likely to become a midterm election-year issue in 2022.[aside label=\"related coverage\" tag=\"family-separations\"]Lawyers representing the families say they’re deeply disappointed and contend everyone who was a victim of the zero-tolerance approach deserves recompense, including financial settlements. They also say the government could easily wind up spending even more money fighting these cases than if it had simply reached a settlement.\u003c/p>\n\u003cp>The Women’s Refugee Commission condemned the Justice Department’s move to pull out of the negotiations.\u003c/p>\n\u003cp>“This move is a shameful, profound betrayal of the government’s responsibility to redress the harms of this heinous policy,” Katharina Obser, director of the group’s Migrant Rights and Justice program, said in a statement.\u003c/p>\n\u003cp>“While the U.S. can never undo what happened, we expected the Biden administration to engage in good faith with efforts for redress and repair,” she said, adding that “the cruelty of intentionally tearing families apart inflicted unspeakable and permanent trauma on children and their parents coming to the U.S. border seeking safety.”\u003c/p>\n\u003cp>Kathryn Hampton, deputy director of the Physicians for Human Rights Asylum Program, also noted the long-term effects of the separation on children. The organization has \u003ca href=\"https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0259576\">documented\u003c/a> the psychological harms and trauma many have suffered, including PTSD, depression and anxiety.\u003c/p>\n\u003cp>“Instead of bowing to right-wing ideologues, the Biden administration should pursue justice and accountability for the deeply traumatized children and parents who endured these atrocious acts perpetrated by the United States government,” Hampton said in a statement.\u003c/p>\n\u003cp>The Biden administration says it will continue to identify and reunify families that were separated under the Trump administration.\u003c/p>\n\u003cp>Meanwhile, the ACLU is in negotiations with the administration over other issues, including the possibility of legal status for separated families. Those talks will continue, Gelernt said — but the termination of financial negotiations won’t make them any easier.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Justice+Department+breaks+off+talks+on+compensation+for+separated+families+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Gelernt said the Justice Department did not explain why it was walking away from the talks.\u003c/p>\n\u003cp>“We can see no reason for this other than this administration does not want to use any political capital to help these children,” Gelernt said. “History will not judge this decision kindly.”\u003c/p>\n\u003cp>In a statement, the Department of Justice said the parties have been unable to reach a settlement, but “we remain committed to engaging with the plaintiffs and to bringing justice to the victims of this abhorrent policy.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.npr.org/2021/01/27/961048895/justice-department-rescinds-trumps-zero-tolerance-immigration-policy\">controversial immigration policy was dismantled\u003c/a> within Biden’s first week as president.\u003c/p>\n\u003cp>In all, the Trump administration separated more than 5,000 families who crossed into the U.S. without visas. Under the policy, adults who entered the U.S. from the southern border were prosecuted for illegal entry. Because children cannot be imprisoned with adults, they were taken into separate federal facilities.\u003c/p>\n\u003cp>Government reports ultimately found the administration had no clear plan nor had it allocated resources to help reunite parents or guardians with their children when it implemented its zero-tolerance policy. Hundreds of families remain separated, and many more say they are still suffering the effects of the separation. And more than 100 have brought claims seeking monetary damages from the government, Gelernt said.\u003c/p>\n\u003cp>Republicans and Democrats eventually appeared united against the draconian policy, calling it a humanitarian failure. President Biden called it a “moral and national shame.” And settlement talks proceeded quietly behind closed doors for several months — until October, when The Wall Street Journal \u003ca href=\"https://www.wsj.com/articles/biden-administration-in-talks-to-pay-hundreds-of-millions-to-immigrant-families-separated-at-border-11635447591?page=1\">broke the story\u003c/a> that financial compensation amounts could reach as high as $450,000 per person in some cases.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nAt that point, the negotiations became a political liability for Biden and his administration, who came under fire by Republicans.\u003c/p>\n\u003cp>Lawyers representing families who’d been torn apart, have insisted most settlement amounts would be far lower. But the story generated enormous outrage among GOP members, who tried to link the issue to the soaring number of arrests at the southern border. They argued that giving large cash settlements to migrant families would encourage more illegal immigration.\u003c/p>\n\u003cp>In a Department of Homeland Security \u003ca href=\"https://www.c-span.org/video/?516002-1/department-homeland-security-oversight-hearing\">hearing \u003c/a>on immigration last month, Sen. Chuck Grassley, R-Iowa, said he takes the entire concept of compensation as a personal affront.\u003c/p>\n\u003cp>“As you can imagine, many Americans think it’s a pretty outrageous idea to offer massive taxpayer-funded payments to illegal immigrants who broke our laws,” Grassley told DHS secretary Alejandro Mayorkas, blaming the Biden administration for the current immigration crisis.\u003c/p>\n\u003cp>Grassley noted that the families of service members who die on active duty receive a tax repayment of $100,000. “Under what circumstances, if any, do you think it’s appropriate for an illegal immigrant who broke our laws to receive more money from the government than the family of a fallen service member?” he asked.\u003c/p>\n\u003cp>Biden administration officials and the president himself were asked frequently about the settlement talks, which appear likely to become a midterm election-year issue in 2022.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Lawyers representing the families say they’re deeply disappointed and contend everyone who was a victim of the zero-tolerance approach deserves recompense, including financial settlements. They also say the government could easily wind up spending even more money fighting these cases than if it had simply reached a settlement.\u003c/p>\n\u003cp>The Women’s Refugee Commission condemned the Justice Department’s move to pull out of the negotiations.\u003c/p>\n\u003cp>“This move is a shameful, profound betrayal of the government’s responsibility to redress the harms of this heinous policy,” Katharina Obser, director of the group’s Migrant Rights and Justice program, said in a statement.\u003c/p>\n\u003cp>“While the U.S. can never undo what happened, we expected the Biden administration to engage in good faith with efforts for redress and repair,” she said, adding that “the cruelty of intentionally tearing families apart inflicted unspeakable and permanent trauma on children and their parents coming to the U.S. border seeking safety.”\u003c/p>\n\u003cp>Kathryn Hampton, deputy director of the Physicians for Human Rights Asylum Program, also noted the long-term effects of the separation on children. The organization has \u003ca href=\"https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0259576\">documented\u003c/a> the psychological harms and trauma many have suffered, including PTSD, depression and anxiety.\u003c/p>\n\u003cp>“Instead of bowing to right-wing ideologues, the Biden administration should pursue justice and accountability for the deeply traumatized children and parents who endured these atrocious acts perpetrated by the United States government,” Hampton said in a statement.\u003c/p>\n\u003cp>The Biden administration says it will continue to identify and reunify families that were separated under the Trump administration.\u003c/p>\n\u003cp>Meanwhile, the ACLU is in negotiations with the administration over other issues, including the possibility of legal status for separated families. Those talks will continue, Gelernt said — but the termination of financial negotiations won’t make them any easier.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Justice+Department+breaks+off+talks+on+compensation+for+separated+families+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png\">\u003cimg class=\"alignnone size-full wp-image-11897940\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png\" alt='Cartoon: shows \"then\" and \"now\" images of a \"remain in Mexico\" immigration sign. The Trump-era sign says things like \"rapists\" and \"murderers\" while the current Biden sign apologizes yet still calls on asylum-seekers to remain in Mexico.' width=\"1920\" height=\"1330\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-800x554.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-1020x707.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-160x111.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-1536x1064.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>After suspending the Trump-era \"Remain in Mexico\" policy on President Biden's first day in office, his \u003ca href=\"https://bit.ly/fiorebidenremainmexico\">administration was forced to reinstate it due to a lawsuit brought by Texas and Missouri\u003c/a>.\u003c/p>\n\u003cp>The revived policy forces asylum-seekers, many fleeing violence and oppression, to stay in Mexico while they seek asylum in the United States.\u003c/p>\n\u003cp>This isn't just a bureaucratic hassle for people waiting for their immigration cases to be heard.\u003c/p>\n\u003cp>\u003ca href=\"https://www.humanrightsfirst.org/campaign/remain-mexico\">Human Rights First documented over 1,500 cases of \"violent attacks\"\u003c/a> on migrants who were waiting on the Mexico side of the border.\u003c/p>\n\u003cp>Even though Trump may be out of office, the damage caused by his policies is still with us.\u003c/p>\n\u003cp>And last time I checked, Missouri didn't even share a border with Mexico.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png\">\u003cimg class=\"alignnone size-full wp-image-11897940\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png\" alt='Cartoon: shows \"then\" and \"now\" images of a \"remain in Mexico\" immigration sign. The Trump-era sign says things like \"rapists\" and \"murderers\" while the current Biden sign apologizes yet still calls on asylum-seekers to remain in Mexico.' width=\"1920\" height=\"1330\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-800x554.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-1020x707.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-160x111.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/remain_120221_final-1536x1064.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>After suspending the Trump-era \"Remain in Mexico\" policy on President Biden's first day in office, his \u003ca href=\"https://bit.ly/fiorebidenremainmexico\">administration was forced to reinstate it due to a lawsuit brought by Texas and Missouri\u003c/a>.\u003c/p>\n\u003cp>The revived policy forces asylum-seekers, many fleeing violence and oppression, to stay in Mexico while they seek asylum in the United States.\u003c/p>\n\u003cp>This isn't just a bureaucratic hassle for people waiting for their immigration cases to be heard.\u003c/p>\n\u003cp>\u003ca href=\"https://www.humanrightsfirst.org/campaign/remain-mexico\">Human Rights First documented over 1,500 cases of \"violent attacks\"\u003c/a> on migrants who were waiting on the Mexico side of the border.\u003c/p>\n\u003cp>Even though Trump may be out of office, the damage caused by his policies is still with us.\u003c/p>\n\u003cp>And last time I checked, Missouri didn't even share a border with Mexico.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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