Panelists’ Disappointment on the Lack of Progress on Immigration
In a recent Webinar on the 9th of December, American Bar Association has shown disappointment at the lack of progress on the Immigration system by Joe Biden, President of the USA. It also included the program ‘Policy Update: Where Are We on Immigration?’ in the American Bar Association’s Social Justice Policy Summit, which was hosted by the ABA Section of Civil Rights and Social Justice.
Some renowned professors of Law Schools and Universities were the panelists who presented their point of view on this issue. One of the professors of the University of California, Karen Musalo, criticized the administration for not overturning the policy of Trump that is popular by the name of ‘Title 42’. According to this policy, many asylum seekers were stopped at the Mexican border from entering the United States of America because of the coronavirus pandemic. She blamed President Joe Biden for listening to his advisors who told him that it would cause a drastic impact on the system politically if he reverses the policy. She depreciated Joe Biden’s administration for taking an action that is morally and politically wrong.
She also acknowledged his efforts for struggling against the Trump immigration policies in 2020 through the unfair use of his powerful speech. She said that even though his words were powerful but his actions have been the opposite which is quite disappointing for the entire nation. Even the actions he took on the ‘Remain in Mexican’ policy are dissatisfying. According to the policy of Trump, asylum seekers and immigrants are being forced to wait on the borders while waiting for their cases which are pending in U.S. immigration courts. Joe Biden initially took a step to change the policy but he resumed the policy after a federal judge ordered him to undo his action. According to Musalo, the efforts of Joe Biden to end the ‘Remain in Mexico’ policy felt a little impassive, even though the statements he made against the policy were quite impactful. It can be established with such an incident that there is no sincerity in Joe Biden’s words, so he cannot be trusted at all.
However, another professor at the Mitchell Hamline School of Law, Engy Abdulkader, has a completely different stance. She blamed courts for being unprogressive and not allowing Biden’s administration to overturn the ‘Remain in Mexico’ policy. According to her, the courts are responsible for undermining the will of the public related to immigration. She said that Biden won through voting and he fought against this policy. Although people voted him for ending this policy, the conservative courts didn’t let that happen. Judges who were appointed by the Trump administration caused to bring down the will of the public.
One professor, Elora Mukharjee, from Columbia University, also supported Joe Biden for making progressive developments in the country. He countered the Muslim-Ban that Trump endorsed in his presidency. Joe Biden protected the rights of the families by announcing that the administration will not keep the families in imprisonment while they are looking for asylum. It was a progressive approach that the professor appreciated. But she also stated that advocates had high hopes, so they got disheartened when the administration didn’t allow independent monitors to do a critical analysis of removal centers where immigrant children are being kept.
The fourth panelist was a lecturer at Harvard Law School, named Phillip Torrey. She showed concern over the new principles for expulsion which are far better than Trump’s guidelines but they give ICE officials freedom of choice without sufficient counseling and enlightenment. She said that the immigration detention number has disappointed the ABA and public, especially those who want to practice law in foreign countries after completing their studies. As of October 2021, the average number of immigrants in daily federal custody is 22,000 in Joe Biden’s presidency.
Effect of Lack of Progress on Immigration on Foreign Lawyers
The lack of progress on Immigration has also affected foreign lawyers in a lot more ways than one can imagine. US immigration system has limited the movement of foreign lawyers due to which they won’t be able to practice law in different countries. The administration needs to make instant reforms in the immigration system to secure the lawyers’ present and future.
Since lawyers are going to protect the rules, laws, and rights of the nation, it’s a huge responsibility that they cannot fulfill without practicing what they learn while studying. If they don’t get the exposure, it would affect the entire nation adversely. Moreover, there will always be a doubt whether they are responsible enough to practice attorneys at law or not. As a result, a lot of innocent people might end up in jail because of the incapability of their lawyers.
The United States must acknowledge and handle the growing competition in law between different countries. One of the most effective ways of doing so is by inviting skilled immigrants to the country and making this practice a central part of immigration policy. The need of the hour is to eliminate the limitations of immigrant lawyers’ visas and make the system more flexible for them. It will open the door to new opportunities for foreign lawyers who earn advanced degrees to remain in the United States after they graduate.
