What Should We Call Those Migrant Refugee Immigrants Seeking Asylum?

Words matter, and the U.S. media has been struggling to settle on what to call all those folks seeking to leave a very bad place in hopes of a better life. Actually, that would not qualify for “refugee” status, which requires a human to be fleeing war zones or natural disasters. Migrant is a wider net, but loses some of the urgency. “Immigration” carries its own weight. Those seeking asylum, with those political overtones, are yet another situation.

The NPR ombudsman offered an on-air outline of how that standards-leading group approaches the wording. The one thing that seems clear is that just leaving a place because it sucks does not gain the benefits of other status.

See the report here: ‘Refugee’ Or ‘Migrant’: How To Refer To Those Fleeing Home

California Finally Moves To Regulate Legal Marijuana

The Golden State was the first to legalize medical marijuana, but was also the first of several states to drag its feet on how to regulate growing and selling the now-legal medicine. Now, 20 years after the Compassionate Use Act of 1996, the state legislature has passed several bills that establish “seed to sale” systems. Proponents of medical marijuana are wasting little time in urging Gov. Brown to sign the bills into law, noting that he did help draft the regulations.
 
The Los Angles Times has a fine editorial asking the gov to not only sign the bills, but take an active role in making sure they are implemented. The LAT says that previous efforts have “… provided little guidance on how the state could help ailing patients get the drug — or how to keep it out of the hands of those who weren’t entitled to it. Legislators repeatedly failed to develop rules, so cities and counties adopted a patchwork of policies, which triggered a series of lawsuits and judgments that created a confusing mess for patients, law enforcement, cannabis growers and dispensary operators.”
 
Read the newspaper’s argument, signed by “the editorial board,” here: Gov. Brown, sign the medical marijuana bills

New Federal Law Targets Civil Pot-Forfeiture Issues

For anyone who noted the civil forfeiture issues raised by HBO’s John Oliver (and if you have not, stop whatever you’re doing and watch it now), there’s news of a bill that would target the marijuana aspects of the practice, cutting off some funding for the DEA.
 
On a Forbes Magazine “recommended blog,” Nick Sibilla of the Institute for Justice reports that a bipartisan bill in Congress “… would prevent the Drug Enforcement Administration (DEA) from using federal forfeiture funds to pay for its Domestic Cannabis Eradication/Suppression Program. Additionally, the bill would ban transferring property to federal, state or local agencies if that property ‘is used for any purpose pertaining to’ the DEA’s marijuana eradication program.”
 
The blog adds some context: “Last year, the program was responsible for over 6,300 arrests, eradicating over 4.3 million marijuana plants and seizing $27.3 million in assets. More than half of all plants destroyed were in California, which also accounted for over one-third of seized assets and nearly 40 percent of the arrests.”

US Increases Cap On Accepting Refugees

Photo from The New York Times 9/21 article. They report "Migrants in Bregana, Croatia, near the border with Slovenia. Authorities in Slovenia on Sunday were halting migrants at its border with Croatia to the south and allowing them to pass in small groups."

Photo from The New York Times 9/21 article. They report “Migrants in Bregana, Croatia, near the border with Slovenia. Authorities in Slovenia on Sunday were halting migrants at its border with Croatia to the south and allowing them to pass in small groups.”

Secretary of State John Kerry, speaking in Germany, announced that the United States will increase the number of “worldwide” refugees it will accept until it reaches 100,00 per year in 2017. That is up from the current annual cap of 70,000. The move is in reaction to the high-profile crisis involving European migration and there was no conversation about how the than 400,000 pending immigration cases, many of which involve refugee status claims, might be effected.
 

Civil Rights Report Blasts Family Detention Centers For Asylum Seekers

A new report released last week by the U.S. Commission on Civil Rights, added to the complaints about the U.S. government’s family detention centers that house asylum seekers who entered the country illegally. Reuters is reporting that the group said it found evidence that the federal government “was interfering with the constitutional rights afforded to detained immigrants,” including their access to legal representation.
Reuters offers context: “… a year ago, President Barack Obama responded to a ‘humanitarian crisis’ unfolding on the U.S. southwestern border with Mexico, as tens of thousands of children – some traveling with parents and others alone – arrived from El Salvador, Guatemala and Honduras. Among steps he took were a rapid expansion of detention facilities for migrant women and children. It marked a departure from previous practices of largely tracking the immigrants with electronic ankle bracelets and telephone check-ins, which immigration rights groups argued were effective and far less costly.”
Meanwhile, a federal judge in California has ordered the government to close the facilities because they violate a longstanding agreement on how such asylum seekers will be treated. See that story in the L.A. Times here.

NYT Notes ‘Border Kid’ Crisis Is Not Over, But Has Moved

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

The New York Times has an important story about the “Border Kids” who arrived in the country amid headlines last summer. The paper notes that the number of kids has dropped, but the crisis has moved to courts. Meanwhile, a federal judge in California has given the U.S. government mere weeks to shut down several “family detention” centers because they are illegal.
 
On the court crisis, the NYT backgrounder is that “… about 84,000 children were apprehended at the Southwest border during the 2014 fiscal year and the first six months of the 2015 fiscal year, according to the Border Patrol. Of the 79,088 removal cases initiated by the government, 15,207 children had been ordered deported as of June, according to the Migration Policy Institute, a nonpartisan research group in Washington.
 
“While a small percentage of children have been granted asylum, most are seeking relief from deportation by applying for special immigrant juvenile status, federal officials said. And yet, rather than their claims being expedited, 69 percent of the children on the priority docket still have cases pending, statistics show.
 
“The burden is far more difficult for children if they do not have a lawyer — a right not granted to defendants in immigration courts — especially because of the accelerated time frame the government established for their cases. After being released to a sponsor, usually a relative, they are on the clock: They are required to make their first court appearance within 21 days of the court’s receiving their case to contest their deportation.”
 
Read the excellent report here: Immigration Crisis Shifts From Border to Courts
 
For a refresher on the Family Detention Center, check out our late August blogs, “Obama Admin. Fighting To Keep Family Detention Centers” and “Judge Orders Govt. To Release Detained Kids.”

Medical Cannabis Parents Getting Caught Up with Child Endangerment Charges

As cannabis laws shift at a rapid clip across the country, medical cannabis patients seem to be unexpectedly caught in a web of child protective services. Such was the case for Shawnee Anderson according to Al Jazeera America. An argument over a dirty diaper turned into a loud couple’s squabble, prompting a neighbor to call the police. The fight proved to be the least of their worries as police found remnants of their medical cannabis. The couple spent five days in jail and have been fighting while their son was placed in foster care for nearly two weeks.

This story is not unusual for parents in the 23 states where medical cannabis is legal. While it is legal for medical purposes, civil issues like family law are proving tricky. The article notes that “Meanwhile, low-income families of color are more likely to face neglect charges involving pot, as they tend to live in more heavily policed neighborhoods and give birth in hospitals that may be more likely to conduct drug testing on newborns.”

As we have reported before, the lack of Civil Gideon means there is no requirement that the government provide legal services for people who cannot afford them. This puts low-income families at a significant disadvantage when going up against state child advocates well-versed in the court system. Without legal counsel, parents may lose custody of their children simply for legally consuming a drug.

See more on the story here, “Parents face child abuse investigations over pot use.

We also recommend following the national story on Shona Banda who is fighting for custody of her son, and against felony charges that could put her in jail for 3 decades. See “This Mom Faces Prison For Medical Marijuana.

‘Renaissance Mayor’ Embraces Reform in Pensacola

Originally published in the Huffington Post

As last month’s one-year anniversary of the “Ferguson” protest was duly noted, it became difficult to ignore just how little actual reform has been accomplished as old political issues tried to capitalize on new controversy — like, as Politico noted, using the reforms to try and consolidate towns into larger municipalities.

You can commend the highly cited decision of a Ferguson judge to “suspend” arrest warrants issued prior to Dec. of 2014. However, you also have to note that the order was voluntary and didn’t actually dismiss any cases; it calls for retrials, but since those cases are quasi-criminal it’s hard to see how that would not violate the ban on “double jeopardy.”

Basically, Ferguson remains a mess and illustrates how difficult it can be to change a system. If a town of 20,000 souls can’t find a way to police itself, what chance do we have in larger communities? Indeed, it might be that the smaller cities are the “new incubators” for finding solutions that scale across larger areas, a role that state and local governments have long played.

You can look to places like Compton (yes, THAT Compton) for innovation from that city’s first female mayor, Aja Brown. Or try the beach community of Pensacola, where a native son has transitioned from the private sector to become a “CEO” style leader – and the Republican is embracing a program to bring convicted felons back into the community.

A Pensacola native, Ashton Hayward attended Florida State University and worked in New York City before returning home in 2003. After running successful real estate investment firm, he entered politics with a run for mayor. It was the first election for a newly empowered office as Pensacola shifted to a “strong mayor” form of government. It took a runoff in 2010, but he won and ushered in a great deal of change starting with how the mayor’s responsibilities were categorized.

The mayor’s election is officially non-partisan, but Hayward is a Republican and can sound like the pro-business CEO he was: “We are a first class city that will compete regionally, nationally, and internationally for jobs, investment, and talent,” he says, explaining that he sees his constituents as shareholders in the future of his city. Move over Donald Trump!

He wasted little time. Through a combination of private investment and strong civic entrepreneurship, Hayward has overseen an overhaul of the historic downtown. Gone are the days when businesses struggled to attract large swaths of customers. There are now consumer friendly walk-and-bike environs downtown and it’s likely that thousands of jobs have been created.

“It is my hope that my legacy reflects the fact we have stopped talking about our city’s potential and instead are reaching it,” he says.

The mayor has tackled some of the “big issues” where reform has eluded many other cities, in fairly “conservative” fashion, including tackling public employee pension reforms with three unions, cutting unfunded pension liabilities by 15% and saving taxpayers tens of millions of dollars.

But when it comes to the sort of civil issues like those seeding unrest in Ferguson, the mayor starts sounding downright progressive, including noting that his city, with 50,000 residents, gets only a small part of its budget from policing fees. (Ferguson famously is pretty much funded by tickets and the resulting fees and court incomes, as NPR explains.)

Perhaps reflecting a broader national trend, Hayward is also a vocal supporter of a program called REAP, for “Re-Entry Alliance Pensacola,” which has been working to bring non-violent offenders back into their communities. He didn’t start the program. It was formed (according to its website) when, at the “suggestion of M. Casey Rodgers, Chief Judge Federal District Court for the Northern District of Florida” created the group “… to assist federal inmates returning to our local community. An Inmate Mentoring Program had been previously established in 2012 primarily using local attorneys acting as mentors to inmates participating in the Federal Re-entry Court.”

“Once someone has served the time, paid restitution for his or her crime, and doesn’t pose a threat to others, I think everyone benefits if we work to integrate them as productive, taxpaying citizens,” says Hayward.

Look, as a mayor of any city, it’s tough to ride the wave of political office and not get pulled down by the sort of politics that blocked real change in Ferguson, even amid global headlines and an uprising. But Ashton Hayward has become a bit of a “Renaissance Mayor” and his supporters insist he’s created a swell of popularity and re-energized civic pride.

Which is good news as Ferguson, and doubtless other cities, smolder on.

(… this post is part of an ongoing National Courts Monitor series profiling U.S. mayors.)

Focus Is On Europe’s Refugee Crisis While Similar U.S. Crisis Lingers

Likely Democratic presidential nominee Hillary Clinton is coming out strong on the European refugee crisis, with The Boston Globe reporting she says it calls for  “… an international effort to assist the migrants should be coordinated by the United Nations. She praised Pope Francis, who has called on all Catholic parishes and religious communities to welcome in the migrants.
As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says "stop separating families" during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014,  outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says “stop separating families” during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

 
‘‘The whole world has to take some responsibility,’’ Clinton said. Meanwhile a federal judge in California has found our family detention centers illegal and ordered the mothers and children held there released by October 23
 
And that is a separate issue from the more than 400,000 immigration cases backlogged in the U.S. system that includes tens of thousands of refugee-status cases. So, with all due respect, the refugee crisis is not limited to Europe.

Drowned Syrian Toddler Should Prompt Look Closer To Home

Images of three-year-old Aylan Kurdi, one of at least 12 Syrians who drowned trying to flee that war-torn region, have broken through the news clutter to actually shock the world. But they should also remind us that
AP photo used in Tampa Bay Times report on 12/22/14 shows "Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas."

AP photo used in Tampa Bay Times report on 12/22/14 shows “Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas.”

the United States has a refugee crisis of its own, and a federal judge has ordered the “family detention camps” closed later this month because they are illegal. The immigration courts are swamped, cases are backed up for years and thousands of “border kids” are in dangerous limbo.
 
To refresh your memory from when our domestic crisis was seizing the world stage, look here: