Developing American Immigration

By Marica Sharashenidze // Paul Wickham Schmidt

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Category: Government

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Description


Episode Date
Concluding Remarks
3987
So, what now?
Apr 23, 2020
The Marielle Boatlift Crisis
2904
The Refugee Act of 1980 feels like a huge success...for a short amount of time. The first test of the act comes when Fidel Castro opens Cuba's borders (and Cuba's prisons) and hundreds of refugees arrive on Florida shores. The Marielle Boatlift Crisis forced the U.S. government to realize that not all asylum processing can happen abroad. Unfortunately, it also left the public with the impression that "Open arms and open hearts" leads only to crisis.
Apr 22, 2020
The Refugee Act of 1980
1504
The year is 1980 and the war in Vietnam has displaced hundreds and thousands of people. The system of presidential parole doesn't seem like it can hold up the growing global refugee crisis. What is the answer to this ballooning need? Process asylum seeker abroad to streamline their entrance to the U.S. Codify it in legislation that puts human rights first. Have Ted Kennedy be the face of the effort. For once, things are actually working out for humanity.
Apr 22, 2020
The 1990s BIA
3248
In the 1990s, Judge Schmidt was Board Chairmen Schmidt and he saw the Board take progressive steps towards humane asylum law. However, progress seemed to stall at several points and certain types of behavior tended to be rewarded. The Board sits at the intersection between a court and an agency within the administration, which means its hurdles come both from structural issues with U.S. Justice and with U.S. Bureaucracy.
Apr 22, 2020
Creating EOIR
2875
In the 1980s, critics claimed that the federal agency in charge of immigration, Immigration and Naturalization Services (INS), could not process cases in a fair and just manner due to limited autonomy and backlogs. The solution? Create a sub-agency just for the immigration courts, semi-separate from the agency that enacted enforcement. The Executive Office of Immigration Review was meant to be an independent court system inside of a federal agency. Spoiler: it did not work out that way.
Apr 22, 2020
The Immigration Reform and Control Act
2187
In 1986 the United States was facing an immigration crisis with an overwhelmed INS and a record number of undocumented folks in the country. IRCA, a bipartisan bill, was created to solve the immigration crisis through a three pronged approach: legalization, enforcement and employer accountability. However, it soon became apparent that some parts of IRCA were more successful than others. IRCA taught us relevant lessons for going forward. Because while pathways to citizenship are self sustaining, enforcing borders is not.
Apr 21, 2020
The Ashcroft Purge
2569
Judges are meant to be impartial, but U.S. immigration judges have bosses that are willing and able to fire them. What are the consequences of an immigration court with limited autonomy from the Executive Branch? We begin the podcast at one of the end points, when Attorney General John Ashcroft fired almost half the Board Members of the Board of Immigration Appeals.
Apr 18, 2020