Posts tonen met het label USA. Alle posts tonen
Posts tonen met het label USA. Alle posts tonen

20 juli 2020

US withdraws from Refugee Protocol

The Proposed Rule, changing the US rules for Asylum, raises the standard of proof from a "significant possibility" to a "reasonable possiblility" that the alien would be persecuted or tortured in the country of removal. In short, this means that it is no longer sufficient that an alien has well-founded fear but has to prove that persecution or torture has happened or will happen. This higher standard is almost the same as requiring that you have written evidence that you are or will be persecuted or tortured. This higher standard is in violation with the Refugee Treaty and its Protocol of 1967, of which the USA is a signatory, and which states explicitly that a well-foudned fear is enough to meet the definition of a refugee. 

One could have a discussion on the precise wording of the Treaty and Protocol and how these differ from the Proposed Rule. However, I think it is simply more convincing to observe that this restrictive change of the American rules on international protection are by definition a restriction of the concept of a refugee. This means that the USA does no longer fulfils its duty to incorporate the 1967 Protocol into US immigration Law. Or, in other words, the USA has practically withdrawn itself from its legal obligations to offer protection to refugees as the adjusted meaning in the Proposed Rule creates a new category of refugees who have written evidence. And as history has shown, a person with well-founded fear of persecution seldom has a written note from his or her persecutor.

Continue here or contact the author: https://www.linkedin.com/pulse/us-withdraws-from-refugee-protocol-carolus-gr%25C3%25BCtters/?trackingId=UMjys%2BI%2BuzBfs%2BwbuFZB%2BQ%3D%3D


Published on July 15, 2020

Senior Researcher at Centre for Migration Law (CMR) Radboud University Nijmegen


04 december 2015

What Americans had to say about Jewish war refugees --- klinkt aardig hetzelfde als wat we nu horen

Jewish refugees on board the the German liner the St. Louis, June 29, 1939. (Planet News Archive/SSPL/Getty Images)t
Jewish refugees aboard the German liner St. Louis, June 29, 1939. (Planet News Archive/SSPL/Getty Images)

NEW YORK (JTA) – They were called “so-called” refugees, told they were alien to American culture and warned against as potential enemies of the United States.
This heated anti-refugee rhetoric in America was directed against Jews trying to flee Europe, not Mexicans or Syrians. Back in the 1930s and ’40s, the fear was of Nazi and Communist infiltrators sneaking in along with the refugees rather than the Islamic militants or Mexican criminals that some fear today.
Here’s a snapshot of what Americans were saying about Jews as they sought to escape Hitler’s Nazi vise for refuge in the United States.

 The polls
In 1938, when Hitler’s threat to Jews in Germany already was apparent, America still was emerging from the Great Depression, and xenophobia and anti-Semitism were commonplace. In a July 1938 poll, 67 percent of Americans told Fortune magazine that America should try to keep out altogether German, Austrian and other political refugees, and another 18 percent said America should allow them in but without increasing immigration quotas. In another 1938 poll, cited in the book “Jews in the Mind of America,”some 75 percent of respondents said they opposed increasing the number of German Jews allowed to resettle in the United States.
READ: For Jewish groups, Syrian refugees are a reminder — not a threat
In January 1939, 61 percent of Americans told Gallup they opposed the settlement of 10,000 refugee children, “most of them Jewish,” in the United States.
In May that year, 12 percent of Americans said they would support a widespread campaign against Jews in the United States and another 8 percent said they would be sympathetic to one, according to the book “FDR and the Jews.” By June 1944, the number had risen to 43 percent of Americans who said they would support a campaign against the Jews or would be sympathetic to one. Polls cited in “Jews in the Mind of America” showed 24 percent of Americans believed Jews were “a menace to America.”
At the same time, however, 70 percent of Americans said in an April 1944 poll commissioned by the White House that they supported creating temporary safe haven camps in the United States where war refugees could stay until the war’s end. Only one such camp was set up, at Fort Ontario in Oswego, New York; 982 refugees were placed there in August 1944.


 Continue here: http://www.jta.org/2015/12/02/news-opinion/united-states/what-americans-had-to-say-about-jewish-war-refugees


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01 juli 2012

Illegal immigrants who have passed the bar want to practice (Doet aan onze vraag of mensen mogen stage lopen denken)

In Nederland speelt de vraag of mensen mogen stage lopen. In America gaan ze een stapje verder:

Illegal immigrants who have passed the bar want to practice


Judges in several states are preparing to answer the latest question in the complex world of immigration: Can an illegal immigrant legally practice law in the USA?

Law school graduate Sergio Garcia has passed the California state bar exam but has been prevented from practicing law because his family entered the country illegally.


Illegal immigrants brought to the USA as children, and who later graduated law schools in California, Florida and New York, are trying to gain entry to their state bars so they can work as attorneys.

Sergio Garcia's family illegally crossed into the USA from Mexico when he was 17 months old, and he went on to graduate from Chico State University and Cal Northern School of Law. He took the state bar exam in July 2009 and passed it but was told he could not join the state bar — a standard requirement for all practicing attorneys — because he had checked a box on his application that said he was in the country illegally.

The California Supreme Court asked for opinions on the question and could hold oral arguments in Garcia's case before making a decision. The California State Bar told the court this month that Garcia and others like him should be allowed to be licensed, but it is awaiting guidance from the Supreme Court.

Though the ruling could apply only to Garcia, the 35-year-old said the court's opinion could go a long way in determining the fate of others like him.

Continue here for the rest of the article: http://www.usatoday.com/news/nation/story/2012-07-01/illegal-immigrants-want-to-practice-law/55943734/1

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19 juni 2012

Blame Legal Immigrants Like Me for Taking Your American Jobs


I am probably the only immigrant willing to admit that we are to blame for America's high unemployment. But it is not undocumented immigrants like the ones whose children President Barack Obama said he's not going to deport who are taking your jobs away. Believe me, you don't want the jobs those immigrants do. It's legal immigrants like me you should be blaming for your plight.
Soon after I arrived from Kenya nearly 20 years ago, I began to work in the kind of jobs you'd expect a new immigrant to take. I scrubbed pots and pans, floors, and toilets at various restaurants. I stocked supermarket shelves. I guarded buildings and parking structures. And I scrubbed pots and pans, floors and toilets again.

Unsatisfied, I registered with a temporary staffing agency in California's Silicon Valley. Because I had no experience, the only jobs they could give me lasted between a couple of weeks and three months. But they all added up and gave me the experience I needed, and before long, I had a one-year contract assembling computer hard drives at IBM. My next job was at Applied Materials, one of the largest corporations in Silicon Valley.

Instead of bussing tables and driving hotel shuttles, dealing with irrational customers who thought that just because I spoke with an accent I was an idiot, I was driving forklifts, taking warehouse inventory, using computers, and attending daily meetings. I was getting paid overtime. I was living the American dream. But shortly after, a series of unfortunate things began to happen to make me question my understanding of what the American dream was.

It began with my first layoff from Applied Materials, after one year on the job. Fortunately, the economy picked up fast and they called me within a few months. During my second stint I climbed up the ranks to become a supervisor. Life was good. Seeing no need to go to college, I dropped out.

But then 9/11 happened.

Two months later, I was jobless again. A few months after, they called me back again, this time through the same temporary staffing agency that had opened my door to Silicon Valley. When in 2003 they told me that they'd be letting me go a third time, I knew there had to be a better way.

I could have applied for another warehouse job elsewhere like most of my American coworkers, but I was tired of being kicked around. Instead, I decided to take a hard look at my life. I began by asking myself why I had come to America. If all I ever wanted to be was an unskilled laborer, did I really have to leave Kenya?

I came to America to get something no one in my family had ever had: a college degree. Anything less would have been unacceptable. I returned to college, got my bachelor's degree, and later went to graduate school.

My story is not unique. That is the path many immigrants take. The ultimate goal of many of them -- even those who are undocumented -- is to earn a degree from an American college.

We refuse to accept that a life spent in an unskilled job is a lifetime in the American dream. To us, such jobs are launching pads to greater things -- transit vehicles to the American dream. Even when we come to America in our 30s and 40s, we are not afraid to enroll in college, or to acquire some form of formal training. Tell us that you won't recognize the degrees we acquired in our countries of origin and we'll start college afresh. Because of this spirit, we are lawyers, professors, doctors, scientists, inventors, nurses, teachers, engineers, and entrepreneurs.

You remind us every day that this is the land of opportunity. You wave your flag and tell us that this is the best country in the world.

We agree.

It's about time you started believing in what you tell us about America. Instead of demonizing the defenseless guys breaking their back to get food to your supermarkets, demand that legal immigrants like me give you back your jobs. But to get them, you must work as hard as we have to qualify for these jobs.

It's a shame that many Americans think that what makes America great is the fact that one needs not have a college degree -- that the dream is to sit back and demand that some government bureaucrat create a job for you.

Talk about handouts!

We immigrants are often shocked when we learn that a majority of Americans have never been to a college classroom. That needs to change, if this is country is to remain great.

The choice is yours: You can work as hard as we immigrants have, and take maximum advantage of this country's abundant educational opportunity, or you can take the easy way out and continue to moan about undocumented immigrants. (They aren't going anywhere, so there is plenty of time for you to use them as scapegoats).

You can start by demanding that your government invest more in your children's education, and less in foreign wars -- many of which have created the unbearable conditions that have forced us to flee to America to take your jobs. Until then, we'll continue utilizing the wonderful educational institutions your hard-earned tax dollars have built and continue taking your jobs.

Writer and humorist Edwin Okong'o teaches at the University of California, Berkeley. He invites American children to his classroom so they may one day reclaim their jobs from immigrants.





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