Tag Archives: John Yang

Will Biden’s Immigrant Plan Save Ravi Ragbir?

Ravi Ragbir’s Story  

Ravi Ragbir, co-founder of the New Sanctuary Coalition,  is a Trinidadian immigrant with a criminal conviction who has been fighting his own deportation since 2006. He says the existing immigration policy with its origins in the Chinese Exclusionary Act is extremely racist, and should be totally repealed.

Ragbir claims that even though the Biden administration wants to stop deportations, an enforcement agency like ICE has the unchecked authority and power to continue doing so.

Under Trump says Ragbir, ICE terrorized immigrant communities and families to force them to ‘self deport’. Many immigrants who lost Temporary Protected Status (TPS) were forced to flee to Canada. Ragbir himself was publicly bound by ICE agents and detained for deportation, to make an example of him. Though he won his challenge, ICE continues to surveil him and target over thousand immigration leaders and advocates in a ‘campaign of terror.’

You can listen their stories via this link – https://www.immigrantrightsvoices.org/

Ragbir shared his story at an ethnic media briefing on January 29, in which immigration experts reviewed President Biden’s Immigration Bill, which was sent to Congress on January 20.

After four years of cruelty and chaos, said Frank Sharry, Founder and Executive Director of America’s Voice, during which the Trump administration weaponized an already dysfunctional immigration system, the country now has a President and slight majority in Congress that is pro-immigrant.

So realistically, what we can expect from this progressive, pro-immigrant movement, said Sharry, is a plan for an immigration system that is fair, humane and functional. It’s goal will be to undo the cruelty inflicted on immigrants and refugees in recent years, and to pass transformative legislation that puts undocumented immigrants on a path to citizenship.

The Biden Immigration Proposal

According to Sharry, the Biden administration hit the road running on immigration.

In his first week, Biden signed six executive orders, issued two DHS memos to change immigration policy ,and introduced a sweeping legislative proposal.

The Bill ended the Muslim and African bans, ordered the reinstatement of DACA, stopped border wall construction, and imposed a 100-day moratorium on most deportations (though a judge in Texas  has issued a temporary restraining order to thwart one of Biden’s key immigration priorities).

The proposed agenda winds down the MPP program which left thousands stranded in Mexico after being denied the right to apply for asylum, extended DED (Deferred Enforced Departure) for about 4000 Liberians, and offers guidelines to restrict the number of people at priority for arrest under immigration law.

It also has ended efforts by the Trump administration to remove undocumented immigrants from the Census count, for its use in determining congressional seats.

However, warned Sharry, Biden’s immigration bill faces a difficult path in Senate. It’s unlikely that a sweeping immigration bill will find bi-partisan support, but he pointed out that bills processed under budget reconciliation could pass through Congress by a simple majority of 51 votes.

The Biden administration is pushing the immigration issue said Sharry, because the pro-immigrant movement in the country has shifted the debate over immigration, due to activists who have reimagined how the rules around immigration – on deportation for example – need to be enforced.

“We have to give credit to the people who have been organizing from the ground up for the last 20 years,” he noted, because advocates of the immigrant rights movement have “shifted the center of the debate and made what once seemed a little radical seem common sense. “

“The public is way out in front of the politicians on this one, remarked Sharry, adding that “How this plays out politically, is that the wind is at the backs of the Biden administration.”

Public opinion has shifted in favor of immigrants, even though “Trump demonized immigrants and made it his signature issue,” stated Sharry.

It forced the public to think about immigration when friends and community members were subjected to deportation, families were being separated, and toddlers were ripped away from moms and dads at the border. The wedge issue of immigration began losing its edge.

Instead, Trump’s nativism backfired with the majority of Americans, remarked Sharry.

His view was echoed by John Yang of AAJC,  a DC-based civil rights organization, who added that the American public believes in a more inclusive America. He urged the need to find ways to engage with the small segment that fears the browning of America. Ragbir added that regular citizens living amidst the trauma of job loss and the pandemic, now realize how challenging life is for non-citizens.

The  US Citizenship Act of 2021

“It really is a racial justice bill,” said John Yang, President and Executive Director of Asian Americans Advancing Justice (AAJC), referring to Biden’s US Citizenship Act.  The new bill is important to Asian Americans, because their story “isn’t quite part of the narrative” on immigration but legislation will affect Asian Americans in a very significant way

According to AAJC, current immigration patterns show that close to 40%of all immigrants come from Asia. It’s predicted that by 2055 the largest group of immigrants will be Asian American. So the pathways to citizenship offered by the US Citizenship Act is an “exciting” drive toward ‘racial equity’ said Yang, likening it to the 1965  Immigration and Nationality Act (INA) which was part of a whole civil rights legislation.

The 11 million undocumented includes almost 1.7 million Asians,  about 120 thousand of whom are eligible for DACA and 15 thousand (specifically Nepalese), who qualify for Temporary Protected Status (TPS).

It also includes the Reuniting Families Act which focuses on family immigration, explained Yang. Its inclusion is a victory for Asian American advocates who have fought to protect families, a cornerstone issue of Asian American immigration.

Approximately 70% immigrate to the US via this provision while only a small minority come to the US on H-1B, high tech or STEM work visas, Yang clarified. The majority of Asian Americans, like immigrants before them, he added, have come here to make better lives because they believe in American values, and want to contribute to society.

What the US Citizenship Act does for families

The US Citizenship Act adds green cards to clear the long backlog (almost 20 years for certain countries) and reunite families. It also reduces the backlog for employment based visas like the H-1B and H-4 for families stuck on temporary status, and protects children who fall out of status when they turn 21. (Read about the H-4EAD visa here)

Families on temporary status are allowed to remain in the US while they await permanent residency and  family unity waivers are provided so families can sponsor their family members. The bill also promotes diversity, covering LGBTQ equality, orphans, and foreign veterans who fought alongside Americans, among other provisions.

Significantly, the bill includes legislation that will make it harder for a future president to reinstate these bans by a simple executive order.

Immigration attorney Cyrus Mehta explained that the current immigration law is ‘woefully inadequate’ with respect to legal immigration and skilled immigrants.  Not enough green cards are allotted to employment based categories and investor categories based on country of birth, he said. It will take an Indian H1-B visa holder several decades before they can receive green cards, while employers have to wait years  for a skilled worker to get permanent residency.

The bill attempts he said, to recapture visas that haven’t been used, in order to help reduce backlogs.  Employment and business reforms also include a 60-day freeze on artificial wage increases for H-1B visas that impact employers sponsoring highly skilled workers.

The Public Charge Rule  

One of most contentious immigration issues under the Trump administration was the  Public Charge Rule which was implemented in a way to slow the demographic shift in the country. It administered an immigrant wealth test and assessed the use of public benefits such as healthcare, housing or nutrition, to deny people their green card.

It meant that In the middle of a pandemic, people were afraid to get healthcare, tests or vaccines, for fear of falling foul of the system.

According to Mariaelena Hincapié, Executive Director of the National Immigration Law Center, the Biden administration will begin the process of undoing the Public Charge rule, but would need to launch a robust community outreach and education program to regain the trust of immigrant families and encourage them to seek the help they need.

Immigrants need to be fully included in the Biden administration’s agenda, added Hincapié, to ensure that inclusion and equity are at the core in every federal department. Labor, Education, Health and Human Services, and the Covid Task Force, for example, should closely look “at how their policies impact immigrants in this country.”

Given what immigrants and the country have been through, said Hincapie, the last four years have felt nothing less than a war on immigrant families. But from day one, the Biden/Harris administration has shown a strong commitment to unequivocally centering immigrants in the narrative and to undoing the harm of the past.

“Today we are so hopeful,” said Hincapié, that the new administration will collectively build a twenty first century immigration system “that is truly grounded in racial, economic and gender justice.”

Meera Kymal is the Contributing Editor at India Currents
Photo by Samantha Sophia on Unsplash

The Census? It’s Not Over Yet!

On October 13, the US Supreme Court granted an appeal from the Trump administration to halt Census2020 on Oct 31, in a shocking reversal that will end the count sooner than expected. An earlier injunction by a California District court had allowed an extension because of disruptions caused by the pandemic.

The decision left states and census advocates scrambling to meet an impossible December 31 deadline to review, process, tabulate and report census reapportionment and redistricting data.

This means that the Census Bureau has just six weeks – not six months – before delivering apportionment counts to the President.

What Will Happen
What’s likely to happen is that the final enumeration will be inaccurate. Historically hard to count populations -minorities, people of color, and marginalized communities – will be undercounted in the final tabulation.

That, in turn, will impact the distribution of resources – funding for roads, schools, hospitals, food assistance and health services – that vulnerable communities rely on. The consequences for marginalized communities are dire. The pandemic has already restricted their use of safety net resources, but an undercount will threaten their access to those resources for the next decade.

Pushback against the new ruling has been swift.

Justice Sotomayor, dissenting from the grant of stay, wrote that “The harms caused by rushing this year’s census count are irreparable. And respondents will suffer their lasting impact for at least the next 10 years.”

Civil rights advocates say it blatantly disrupts a census count that has been ten years in the making. They denounced the Trump Administration’s countless efforts to sabotage the census for political gain, calling the ruling a dismaying decision that “undermines American livelihoods as well as our democratic system.”

Census advocates echoed this view at a briefing hosted by The Leadership Conference on Civil & Human Rights and Ethnic Media Services on October 20.

“Everyone in America regardless of political affiliation or ethnicity, should be deeply troubled by the President’s attempt to undermine and misrepresent data from the 2020 Census,” said John Yang, President & Executive Director, Asian Americans Advancing Justice (AAJC).

Marc Morial, President and CEO of the National Urban League which spearheaded litigation against the Trump directives, called the Supreme Court a ‘willing co-conspirator’ that has “aided, abetted, facilitated” the administration’s effort to politically interfere with the census….and to cheat the American people of their constitutional right to representation.”

The Constitution is clear. It mandates that ‘all persons’ – not all citizens – must be included in the decennial census and in the apportionment count. Advocates at the briefing called Trump’s executive order an attempt to amend the US Constitution.

Impact of the Ruling
The ruling underscores historic attempts to erase undercounted communities from the census and ongoing efforts by the Administration to keep non-citizens off the decennial.

Up next is a Supreme Court hearing of a Trump directive that seeks to exclude non-citizens from the congressional apportionment. Earlier, a ruling by federal judges in New York found the executive order unlawful.

These legal challenges undermine the democratic process on which our country was founded, said panelists. A flawed count will affect apportionment – redistricting legislative districts based on newest population counts and redistributing seats to represent those districts in the House of Representatives. In undercounted areas, marginalized communities risk losing fair representation in government.

What’s at stake is the constitutional intent of the count.

How Census2020 played out
Census officials have planned Census2020 for ten years. When COVID19  hit, they outlined a timeline to ensure they would reach an accurate count during the pandemic.

The Bureau spent over $6.3 billion on a campaign to get the count out.  It bolstered partnerships with community organizations and civil rights groups at national and local levels to encourage participation in the census.

“The Administration’s refusal to let Census Bureau experts determine the best schedule for completing the count and reporting results really created enormous chaos and confusion in the field,” said Vanita Gupta, President and CEO of The Leadership Conference.

Census2020 is one of the largest decennials, but the run up to its final count has been buffeted by natural disasters and an unrelenting pandemic, making it the most difficult of enumerations.

“We have worked so hard to push our communities to participate in the census and tell them how it will benefit their lives,” said Yang, so rushing to transmit apportionment data to the President by December 31, completely undermines those efforts.

Minority communities will take the fall
Experts agreed that rushing the census will shortchange minority communities.

Historically, self-response rates from communities of color nationwide tend to be lower than non-Hispanic white and US self-response rates. Latinos, tribal areas, Blacks and swathes of Asian residents need more targeted outreach – “more door knocking enumeration” – which requires extra time.

Panelists called a Census Bureau statement that it had topped 99% completion rates ‘a myth’. That rate only refers to households on the address list, but do not indicate if all householders were included or completed the census forms. “Do not be fooled,” warned Morial, “if there was fake news, this is it!”

The perils of an undercount include overcrowding in schools and hospitals, and congestion on roads. It will put communities in a tough spot that will be hard to recover from. Hastily tabulated data will harm the nation, but that risk falls disproportionately on communities of color.

“Make no mistake about it. There has never been an accurate count of Latinos in a decennial,” said Arturo Vargas, CEO of NALEO, referring to historical interference that has denied Latino participation in the census, whether it was asking Latino immigrants to boycott the census, or barring their inclusion in it. “The odds are consistently against a census that fully includes all (almost 60 million) Latinos.”

Morial pointed out that “The Black population count was already in jeopardy from the start,” because African American communities have not even reached the national self-response rate of 68%.

In Indian country, that rate is 25% below the national average, said Kevin Allis, Leader of the National Congress of American Indians (NCAI), arguing that his community is invisible to the rest of the country. In 2010, Indian country suffered an undercount twice the national average.

Allis also pointed out that the federal government has a treaty and trust responsibility owed to tribal nations (covering infrastructure, health and education and economic development), in exchange for millions of acres that tribal nations ceded to the US for settlement. Chronic underfunding has created disparities in Indian country. A census that falls short, will further decimate the funding and representation promised in those treaties, warned Allis.

It’s not over yet
“It would be a mistake for anyone in the public or the media to think that the Census is over,” said Gupta. What is over is the data collection process from a 150 million housing units. In the next phase, the Bureau will process raw data to produce a count that accurately reflects every US community. Data will determine the distribution of real resources in neighborhoods.

It’s a massive and complex undertaking that needs time, says Census Bureau experts (the Gov. Accountability Office and the Commerce Department’s Inspector General).

Rushing the census will force the Bureau to cut corners and compress vital quality checks that could skew data and create errors, advised Gupta. “The ramifications will last decades.”

The data processing phase is crucial to ‘fill in the blanks’  added Vargas. Checks and remediation are needed to ensure that forms are complete, all household members included, and to fix erroneous and duplicate responses. It requires meaningful consultation with stakeholders to deal with disclosure avoidance systems and make sure nobody is left behind.

Flawed data will lead to flawed decisions that harm everyone, warned Allis.

It takes time to integrate quality indicators that measure and translate census data into accurate apportionment counts. If you erase people from the census, the domino effect at play will see federal programs and fair elections start to fall.

Political interference has reduced a six month process to two, and that will undermine the integrity of the count, so we need to “excise politics from the process,” urged Morial.

The Bottom Line
Without an extension, millions of people will be left out of the count. That includes people in rural and tribal lands, people of color, people with low incomes and people experiencing homelessness.

“In a lot of ways this has always been the Trump administration’s goal, from the failed citizenship question, to Trump’s unconstitutional memo to erase undocumented immigrants from the count. The administration has been trying over and over again to dictate who counts in this country,” stated Gupta.

Congress Must Act to Salvage the Census
There isn’t a clear roadmap ahead if the Census Bureau is forced to produce an inaccurate count.

Advocates at the briefing urged Congress to take immediate steps to reset the course of the census and stave off damage that could last the next ten years. They suggested the public put pressure on congressional delegations to free the census of political and partisan interference going forward.

The Leadership Conference has endorsed  a bipartisan bill to save the census, and asked Congress to push back the reporting deadlines by 120 days each – extending the reapportionment deadline from December 31 to April 1, 2021, and the redistricting deadline from April 1 to July 1, 2021.

“Congress has to set a clear path forward” Gupta added, because it is their constitutional responsibility to protect the integrity and accuracy of census data.

“Look. The decennial census sets a standard for data quality that must be preserved,” said Yang. “It should be something the US Census Bureau achieves without interference.”

Meera Kymal is a contributing editor at India Currents

Photocredit: Photopin

Why Facebook Doesn’t Stop Eyeballs On Hate !

White supremacy groups are proliferating, targeting people of all races while social media organizations, like Facebook and Twitter, have been accused of shielding racist posts. In times of COVID when the pandemic has redefined our lives and heightened our exposure to digital content, the danger of online hate is real.

Racist posts are couched in clever ways. Chris Gray, who left Facebook in 2018, said to the New Yorker, that racist or violence engendering posts were “constantly getting reported, but the posts that ended up in my queue never quite went over the line to where I could delete them. The wording would always be just vague enough.”

Additionally, social media companies are reluctant to take action unless forced to by a public media backlash. Content with sizable follower counts, or with significant cultural or political clout – content whose removal might interrupt a meaningful flow of revenue, have been left to multiply.  Former employees say that only public media storms have forced social media organizations to take action. Fear of political repercussions or loss of revenue makes their response to racist posts sluggish.

At the core of the problem is the monetization of attention. Algorithms are trained on augmenting posts that generate eyeballs. The content-moderation priorities won’t change until its algorithms stop amplifying whatever content is most enthralling or emotionally manipulative. This might require a new business model, perhaps even a less profitable one, which is why objectors aren’t hopeful that it will happen voluntarily, the New Yorker reported.

At an Ethnic Media Services briefing on, October 9th, Neil Ruiz, associate director of Global Migration and Demography Research at the Pew Research Center, shared the findings from his new report: “Many Black and Asian Americans Say They Have Experienced Discrimination Amid the COVID-19 Outbreak” 

Panellists discussed how hate is contagious, much like a virus, and that President’s social media posts are not helping. His use of terms words like ‘China virus’ feed the fear of a ‘yellow peril’ stereotype, and incites violence against Asian Americans. And yet the social media companies do nothing.

Donald Trump’s Facebook post in December 2015 calling for “a total and complete shutdown of Muslims entering the United States,” insinuated that Muslims – all 1.8 billion of them, presumably – “have no sense of reason or respect for human life.” 

According to the Times, Mark Zuckerberg, Facebook’s CEO was personally “appalled” by Trump’s post. Still, his top officials held a series of meetings to decide, given Trump’s prominence, whether an exception ought to be made. In order to avoid incurring the wrath of Trump and his supporters,Trump’s post stayed up.

Going into the elections, violence against races increases, said Mike German, at the briefing.  German, who served as an FBI agent for 16 years and infiltrated violent white nationalist organizations, spoke of the government’s failure to include racist, anti-Semitic, Islamophobic, and xenophobic violence committed by white nationalists within its counterterrorism mandate. The government does not track white supremacist violence, he said. 

“Only 12.6 percent of law enforcement agencies actually acknowledge hate crimes occur within their jurisdiction,” he said. On the other hand victim-reported hate crimes are as high as 230,000 this year.

John Yang, executive director of Asian Americans Advancing Justice (AAJC) said the rise in hate against the Asian Americans and Pacific Islanders, AAPI community, was fueled by the President’s racially-divisive rhetoric. Stop AAPI Hate, has recorded 2,583 incidents of hate crimes and discrimination against Asian Americans and Pacific Islanders.

Many people of color say they have experienced hate-motivated crime and discrimination amid the COVID pandemic and Black Lives Matter protests. 

This year in particular has seen a tectonic shift in the way communities across the world integrate digital and social networks into their daily lives, says ADL’s annual Online Hate and Harassment Report: The American Experience 2020.

“As our world continues to be redefined through digital services and online discourse, the American public has become increasingly aware of and exposed to online hate and harassment. The Asian, Jewish, Muslim, and immigrant communities in particular are experiencing an onslaught of targeted hate, fueled by antisemitic conspiracy theories, anti-Asian bigotry, and Islamophobia surrounding the novel coronavirus. The pandemic has heightened exposure to toxic content and provided new opportunities for exploitation by those seeking to harm others using digital services and tools”, the report said.

We are being invaded by this hatred. It’s everywhere. It’s silent. It’s as deadly as this disease. 

Fear of political backlash or loss of revenue is not a good reason for a sluggish response to racist posts. Social media giants must fight hate speech.

“The white supremacist violence is not going away. The backlash against Arab/ Muslim/Sikh community after 9/11 has lasted over 10 years,” said Manju Kulkarni, executive director of AP3CON.”We are at the 210,000 fatality mark.”

Ritu Marwah is a long term resident of Silicon Valley and has seen the Sun Microsystems campus turn into Facebook HQ.

Images: RituMarwah

Edited by Meera Kymal, contributing editor at India Currents

 

Sri Srinivasan – First Indian American to Lead Powerful DC Circuit Court

Prominent Indian American judge Sri Srinivasan (52)  succeeded Merrick B. Garland as Chief Judge of the United State Court of Appeals for the DC Circuit, on February 11, 2020. 

Srinivasan, who was born in Chandigarh, India, has created history in a stellar legal career by becoming the first Asian to lead a powerful federal circuit court in the United States. John Yang, the president and executive director of Asian Americans Advancing Justice, called the appointment an inspiration to other people of color to pursue careers in the legal community.

Judge Merrick Garland, a member of the DC Circuit since 1997 and Chief Judge since 2013  will remain on the bench, according to a press release.

Sri Srinivasan is widely regarded as a moderate and one of the best legal minds in the country, who has successfully worked for both Republican and Democratic Administrations.  John Yang noted that Srinivasan’s quick wit and personality “helps him forge alliances and build consensus in ways that others might not be able to.” Yang observed that Judge Srinivasan’s down to earth manner, “The manner in which he relates to people … will serve him well in this role.”  

“Sri is a trailblazer who personifies the best of America” said Obama, who appointed Srinivasan to the U.S. Court of Appeals for the District of Columbia Circuit in May 2013. Srinivasan took his oath of office on the Bhagavad Gita  held by his mother Saroja Srinivasan.

Padmanabhan Srikanth ‘Sri’ Srinivasan grew up in Lawrence, Kansas, the son of a Fullbright Scholar originally from Tamilnadu in South India. His father T. Padmanabhan Srinivasan was a professor of mathematics at the University of Kansas, and his mother taught at the Kansas City Art Institute. 

Srinivasan paid tribute to his father in an acceptance speech for a NASABA Pioneer award, acknowledging that, “I think we are fooling ourselves if we think we are pioneers because of what we have done since we’ve been in this country. The true pioneers are the ones who have paved the way for us to be here, and my dad is one of those.”

Srinivasan, a basketball star in high school, graduated from Stanford University (JD/MBA ’95 (BA ’89). 

After graduation he served as a law clerk to Fourth Circuit Judge J. Harvie Wilkinson III of the U.S. Court of Appeals and as a Bristow Fellow in the Office of the U.S. Solicitor General. U.S. Supreme Court Justice Sandra Day O’Connor described her former clerk as “always fair, faultless and fabulous in his year as my clerk.” She added, “He will be a superb judge.” 

Srinivasan served as the Principal Deputy Solicitor General of the United States from 2011 until his appointment to the U.S. Court of Appeals. He has argued a remarkable 25 cases before the U.S. Supreme Court. 

US Federal Communications Commission Chair Ajit Pai congratulated Srinivasan on the appointment, tweeting, “A milestone for the Indian-American/Kansan community (and yet another piece of evidence my family can use that I’m underachieving!).

Meera Kymal is a contributing editor at India Currents