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Like millions of American workers, an Indian software engineer, a British market researcher and an Iranian architect lost their jobs amid the coronavirus pandemic. Unlike Americans, they are not entitled to unemployment benefits, despite paying taxes, because they are on foreign work visas. And, if they fail to find similar jobs soon, they must leave the country.

Rejish Ravindran analyzed data for a national footwear retailer, helping make sales projections and investment decisions. After hiring him on an H-1B skilled-worker visa nearly two years ago, the company recently sponsored his application for legal permanent residency, a process that takes several years to complete.

It was going good. I thought I would be in Michigan forever. We were going to buy a house and settle down here, said Mr. Ravindran, 35, who lives in Grand Rapids, Mich. His wife, Amrutha, a nurse, was finishing a course and hoped to put her training to use soon.

But battered by the coronavirus outbreak, the retailer furloughed Mr. Ravindran last month, which is not allowed under the terms of his visa. So two days later, the company terminated him.

Everything came crashing down, said Mr. Ravindran, who arrived in the United States in 2012.

Now, he is scrambling to find another job before the 60-day grace period for transferring his visa to another employer expires early next month. He is not optimistic.

The lives of tens of thousands of foreign workers on skilled-worker visas, such as H-1Bs, have been upended by the economic fallout from the Covid-19 crisis. Many have been waiting in a backlog for several years to obtain permanent legal residency through their employer, and now face the prospect of deportation.

The Trump administration is also expected within the next few weeks to halt the issuance of new work visas such as the H-1B, for high skilled foreigners, and the H-2B, for seasonal employment. The new measures under review, according to two current and two former government immigration officials, would also eliminate a program that enables foreign graduates of American universities to remain in the country and work.

The tightening work rules come as unemployment in the U.S. soared last month to 14.7 percent, the highest level on record, and as calls escalated in Congress for Americans to be given priority for jobs.

Given the extreme lack of available jobs for American job-seekers as portions of our economy begin to reopen, it defies common sense to admit additional foreign guest workers to compete for such limited employment, a group of Republican senators said in a letter last week calling for a suspension of new visas to guest workers who have not yet entered the country.

For those already rooted in the U.S., the consequences of canceling the existing visas are life-altering, said Shev Dalal-Dheini, director of government relations for the American Immigration Lawyers Association.

They have been thrown into limbo. Its not like they can go and just find any job, like at a pizza place, Ms. Dalal-Dheini said. A new job must meet specific criteria for the visa, such as by paying a certain salary and requiring at least a bachelors degree.

Ms. Dalal-Dheinis association of 15,000 lawyers has asked United States Citizenship and Immigration Services to extend the grace period, giving H-1B holders at least 90 days after the public health emergency has ended to find employment.

An agency spokesman did not address whether an extension was under consideration. He said the agency would continue to monitor the coronavirus and assess various options related to temporary worker programs.

Since taking office, President Trump has thrust immigration and job displacement onto center stage, introducing a series of policies to curtail both legal and illegal immigration. More recently, his administration has cited the pandemic to justify even stricter restrictions.

On April 22, Mr. Trump suspended the entry of new immigrants for 60 days. Less noticed in his proclamation was the order to the secretaries of labor and homeland security for a speedy review of nonimmigrant work visa programs.

There are about 500,000 people on H-1B visas in the United States, according to estimates by Daniel Costa, a researcher at the Economic Policy Institute. More than 70 percent of them are Indians, and many of them technology workers. About 220,000 people were enrolled in the 2018-19 academic year in the Optional Practical Training program, which allows foreign students to work after completing their studies.

The strong economy had fueled brisk demand for foreign workers in recent years, with H-1B applications by private companies far outstripping the annual supply of 85,000, a situation that prompted the government to resort to a lottery to award them.

But proponents of limiting immigration say that if there was ever a time to prioritize American workers, it is now.

If an H-1B visa holder is terminated from their job and is unable to find another employer willing to sponsor them, they should go back home, said Kevin Lynn, executive director of Progressives for Immigration Reform, which advocates for American technology workers.

American citizens with foreign partners on visas are also affected.

Andrew Jenkins and Krista York of Minnesota began more than a year ago to plan their wedding. The couple had settled on getting married Aug. 22 at the majestic Cathedral of St. Paul, where Ms. Yorks grandparents were married decades ago and she was confirmed in the church as a teenager. Then the coronavirus struck.

Ms. York was furloughed. Mr. Jenkins, who is British, lost his job as a market research analyst. Because he is on an H-1B visa, Mr. Jenkins is not eligible for unemployment. Its far from ideal to not have any income when youre planning your wedding, said Mr. Jenkins, 27.

Whats worse, the couple said, is that Mr. Jenkins is in a race against time to find him another job before his visa expires in July.

Unless he succeeds, they may have to hurriedly get married at a courthouse so that Mr. Jenkins can salvage his immigrant status by filing an application for a green card through a spouse. If that happens, the couple will not be allowed to hold a religious ceremony at the cathedral.

Everything is ready to go for the cathedral. But if we have to get married on paper, well have to find another church, said Ms. York, 27.

Bahar Shirkhanloo of Iran completed a masters degree in architecture two years ago and used the Optional Practical Training program to get a job at a firm in Chicago, where she is part of a team that designs high-rise residential buildings.

Early this year, the firm decided to sponsor her for a green card. But she was abruptly terminated in early April when projects came to a standstill, leaving her with 60 days, under the terms of the program, to find a new job.

Im applying every day, everywhere in the U.S. you can think of, said Ms. Shirkhanloo, 28. Most often, she hears the same thing: They are interested, but, for now, theres a hiring freeze.

In Michigan, Mr. Ravindran is contemplating selling his 2013 Honda Accord to make the rent and pay outstanding bills, including $6,000 for a hospital visit by his wife last year.

The son of a tea stall owner and the first to attend college in his family, the software engineer said that if he ends up having to return to India, I want to clear all my debts. I need to make a smooth exit from the U.S.

But there is a wrinkle: Commercial flights to India have been suspended since that country went into lockdown in March. While the government recently started repatriating some Indians stranded abroad, it has stipulated that pregnant women, older people and those with medical conditions will have priority.

That could put someone like Mr. Ravindran at risk of overstaying his visa, which could jeopardize his ability to live in the United States in the future.

If I dont find a new job, I cant stay here, he said.

See the original post here:
Immigrants on H-1B and Other Work Visas May Face Deportation - The New York Times

Congressional candidate Katie Witt of Kaysville says that construction of President Trump's nearly 2,000-mile border wall is a critical step in the process of immigration reform.

KAYSVILLE Congressional candidate Katie Witt of Kaysville believes that the solution to fixing Americas broken borders can be found in the will, the wall and the way.

Before it was pushed to the back burner by the coronavirus, Witt says immigration reform was very much a hot topic on the minds of voters in Utahs 1st Congressional District.

I cant even remember our great nation having a functioning immigration system, the Kaysville mayor explains. We need to address immigration reform in a comprehensive fashion, because the problem is about more than just our borders. Our broken immigration system affects every community in America.

Witt says that the first step in resolving our immigration crisis has to be developing the political will to address the issue honestly for the first time in a long time.

U.S. Rep. Carol Miller, R-West Virginia, strongly agrees with that view. In a video town hall conversation with Witt, Miller said the issue of immigration reform needs to be approached with good judgment, logic and intelligence.

The debate on immigration has too often been based strictly on emotion, according to Miller. That has led to border patrol agents and other officials being demonized by advocates of open borders.

The second step, Witt says, is enhancing border security with the wall being built along the nearly 2,000-mile U.S.-Mexican border. After many legal and political battles, the Trump administration reports that the first 500-mile stretch of that barrier is scheduled to be completed by November of this year.

Miller said that thanks to President Donald Trumps dogged determination to push that project ahead, the Department of Homeland security has reported that illegal border crossings have been declining for the past eight months.

Witt and Miller say that the wall is necessary for both legal and humanitarian reasons.

Weve got to know who is entering our country, Witt explains. If we dont, then were not a sovereign nation.

Miller adds that the wall will help to slow the movement of drugs across the southern border, particularly illegal pain pills that fuel the ongoing opioid crisis.

Border security is also compassionate, Witt insists, since it will help to curtail human trafficking that leaves illegal immigrants vulnerable to criminal elements here in the United States.

Once the southern border is sealed, Witt believes that Congress will be able to find a way to develop a merit-based immigration system that allows deserving people to come here and become citizens.

Our current immigration system is unsafe, unfair and downright wrong, Witt emphasizes. Weve made it easy to enter the U.S. the wrong way and hard to enter the right way. Obviously, we need to reverse that situation.

We all want good people to come here. Miller says. After all, we were all immigrants once upon a time. But it is very important to get control of immigration because so many of our other problems are made worse by the current situation.

Read the original here:
Candidate says Congress needs the will, the wall and the way - Cache Valley Daily

The Libertarian Party (L.P.) has always stuck up for mobility rights unencumbered by political barriersin other words, for open borders. If its commitment to economic freedom has distinguished it from the Democratic Party, its commitment to the freedom of movement (along with civil liberties and reproductive rights) has distinguished it from the Republican Party. "A truly free market requires the free movement of people, not just products and ideas," the party platform's immigration plank declares.

So one key question for the five-term Michigan Rep. Justin Amash, a former Republican who recently joined the L.P., is whether he will advance this commitment or dilute it if he succeeds in getting the party's presidential nomination. He called out President Donald Trump's hateful anti-immigrant rhetoric when his erstwhile Republican comrades either stayed silent or played along. When Trump called immigrants "invaders" and contemptuously told Rep. Ilhan Omar (DMinn.)who emigrated from Somalia as a childto return "home," Amash voted in favor of a resolution condemning these comments.

But his voting record on legislation and explanations for his votes paint a mixed picture at best. Despite his well-deserved reputation as one of those rare politicians who puts principle above party or president, he's got a maddening habit of splitting the baby when it comes to immigration. He's certainly less restrictionist than every Republican out there right now, including even self-styled Trump nemesis Sen. Mitt Romney (RUtah), who during his own failed presidential bid in 2012 mused about making life so miserable for undocumented immigrants that they'd "self-deport." But notwithstanding Amash's other virtues, he seems less pro-immigration than his libertarian rivals.

This was evident during Saturday's L.P. presidential debate in Kentucky, when Jacob Hornberger, the founder of the libertarian think tank Future of Freedom Foundation, raved about the party's 1990 platform that unambiguously called for the "elimination of all restrictions on immigration [and] the abolition of the Immigration and Naturalization Service and the Border Patrol." He castigated Amash, noting that the congressman claimed to "love free enterprise" but went along with the "evil, immoral, socialist, central planning, Republican-Democratic system of immigration controls which has brought death and suffering to countless people" and resulted in a "brutal police state consisting of highway checkpoints and other initiations of force against innocent people." Meanwhile, Jo Jorgensen, the 1996 L.P. nominee for vice president, promised to "immediately stop construction on President Trump's border wall boondoggle, and work to eliminate quotas on immigration so that anyone who wishes to come to America could do so legally." She asked Amash point blank if he would do the same. He refused to answerjust as he did repeated requests from Reason for an interview for this piece.

In public comments two years ago, Amash noted that it is "important" for America to remain a "welcoming country" where immigrants like his dad, a Palestinian refugee from Ramallah, "feel they have the opportunity to come and start a new life." A few weeks ago, he told Reason's Nick Gillespie that he "supports immigration" and wants to "fix our immigration system so that people can come here lawfully."

Still, when he was a Republican in Congress, he too often ended up on the pro-immigration side for narrow procedural reasons, not fundamental principled ones. Indeed, Amash repeatedly said he agreed with several restrictionist ends and disagreed merely with the means deployed to achieve them.

In a 2013 letter Amash co-signed in support of Sen. Rand Paul's efforts to elevate the GOP's tone on immigration (back before Paul found his inner restrictionist), Amash said that immigration reform should be treated like a "three-legged stool" that combined expanded legal immigration with enhanced border security by "both the physical border and the 'virtual' border of visa enforcement." Last year, even as he became the sole Republican to join a Democratic bill to stop Trump from declaring a national emergency to seize funds to build his wall (while criticizing his fellow Republicans for trading "massive, wasteful spending" in exchange for wall funding), he assured everyone that he doesn't "have an inherent objection to a border wall."

As for visa enforcement, he says he's "skeptical" of E-Verify, a program that requires employers to check whether their hires have work authorization against a federal database, because enforcing immigration laws is the government's job and private businesses shouldn't be asked to do it for them. But that opens the question of how far he is prepared to let the government go to do this job. Is it acceptable for the IRS to conduct audit raids (as it did under President Barack Obama) or for Immigration and Customs Enforcement (ICE) to conduct physical raids on businesses (as it did under Presidents George W. Bush and now Trump) to ferret out undocumented immigrants?

Amash's record has also been mixed when it comes to defending sanctuary jurisdictions. Last year, he voted against the No Sanctuary for Criminals Act, a punitive law that sought to strip certain federal funds from sanctuary cities that refused to cooperate with Uncle Sam's deportation efforts. But his objections did not center around anything morally objectionable about this particular bill, just that it went "too far." In fact, he went out of his way to assert that in the past he had "voted to defund sanctuary cities."

In the same vein, he voted against Kate's Law, which was named after the California woman accidentally shot by an unauthorized immigrant who was later acquitted on murder charges. That law sought to strip immigrants accused of illegal reentrya felonyof the right to challenge their removal order while they were being criminally tried. Amash, to his credit, noted that eliminating this right was unconstitutional. Yet he did not go so far as to question the criminalization of unauthorized entries in the first place, which should have been a no-brainer for a self-described small-l libertarian.

Among Amash's most inspired actions as a congressman was his vote two years ago against a Republican plan to put Democrats on the spot by forcing them to vote on a resolution supporting ICE, an agency with a history of brutal border enforcement. So when Trump implemented his zero-tolerance border policies and started separating babies and other children from Central American migrant moms seeking asylum, the progressive left joined longstanding (and admittedly unpopular) libertarian calls to abolish ICE. The Republicans' resolution tried to exploit that, praising the "heroic law enforcement officers who make sacrifices every day to secure our borders, enforce our laws, and protect our safety and security" and daring Democrats to vote against it. Amash condemned his fellow Republicans and demanded to know why a party that has historically counseled vigilance against an overweening federal government would "treat a federal agency as though its beyond reproach and reform." But he did not go so far as to join calls to abolish ICE.

As for zero-tolerance border enforcement, all Amash could bring himself to say was that the government shouldn't forcibly separate families seeking asylum in the United States "unless absolutely necessary." One would be hard-pressed to find any statement by Amash noting why providing asylum was a humanitarian imperative, particularly for a nation founded by people fleeing persecution.

Also praiseworthy was Amash's slam of Trump's so-called Muslim travel ban in 2017, which barred entry for all refugees for 120 days and barred entry for foreign nationals from seven predominantly Muslim countries for 90 days. Even as most other Republicans stayed mum, Amash called the ban "unlawful" and "extreme." He beseeched Trump to work with Congress if he wanted to change immigration law. But here again, Amash diluted his message by acknowledging the need for more vetting of refugees, despite the facts that refugees at the time were already being subjected to a multi-agency, multi-year review and that the number of Americans killed in a terrorist attack by a refugee since 1980 is exactly zero.

Since then, Trump has gutted the refugee program that Amash's own dad used to come to the country, slashing the annual refugee cap from 110,000 during Obama's term to 18,000, an all-time low. But since this is within Trump's executive authority, Amash hasn't bothered to really protest; it's as if only the legality of the president's actions matter, not their morality.

Amash hasn't just hemmed and hawed when opposing anti-immigration proposals. He's also slapped down pro-immigration measures for unclear reasons.

Amash claims he supports the legalization of Dreamersfolks who were brought to this country as minors without proper authorization and have been here ever since with hardly any contact or time spent in their birth land. But last year he voted against the American Dream and Promise Act, which would have created a path to lawful permanent residence and eventual citizenship for Dreamers who met certain stringent conditions. If the Supreme Court this summer upholds Trump's decision to scrap the Obama-era Deferred Action Against Childhood Arrivals (DACA) program, which handed Dreamers temporary legal status, Trump could eject them from the country en masse.

The bill never made it to the Senate, but Amash's vote is puzzling since he criticized Obama for using his executive authority to create DACAand then Trump, too, when he used his authority to eliminate the program. Amash urged Trump to work with Congress, yet when Congress, which has abdicated the issue for two decades, took a stab at protecting Dreamers, Amash balked, even as seven of his fellow Republicans voted for it.

Amash also voted for an amendment that prohibited funds for the Military Accessions Vital to National Interest (MAVNI) program because the program was extended to DACA recipients. This creative program, which hasn't escaped Trump's assaults, is the brainchild of a conservative Federalist Society lawyer who received the MacArthur Genius Grant for it. It allowed the Army to recruit legal immigrants who have skills considered to be of vital national interest and give them a path to permanent residency and citizenship. But Heritage Action, the lobbying arm of the conservative Heritage Foundation, dubbed the extension of the program to DACA holders "amnesty" and urged Republicans to vote for an amendment to defund it. That's exactly what Amash did.

Amash also voted "no" on last year's Farm Workforce Modernization Act after he'd quit the GOP. This bill would have expanded the H-2A visa program and allowed farmers to not just hire more foreign guest workers but to do so for the full year, instead of only seasonally. It would have also permitted undocumented aliens to obtain permanent residence if they had worked in domestic agriculture for at least 10 years and were willing to continue working in the industry for an additional four years. The bill contained an ill-advised E-Verify mandate for farmers, and that's certainly an affront to civil liberties. But it would suggest a strange and selective punctiliousness if that's what turned Amash against the bill, given his support for a wall, defunding sanctuary cities, and enhanced refugee vetting.

All of this (and more) has earned Amash a career score of 81 percenta solid B+and a recent score of 66 percent from NumbersUSA, a rabidly restrictionist outfit.

Amash's immigration record might be heroic for a Republican, but it is tame by libertarian standardsand confusing, too. He has repeatedly tried to reassure libertarians that he intends to "earn" the party's nomination by addressing concerns and explaining himself. If he's serious about that, he ought to clarify where exactly he stands on an issue that is central for his new party and that is going to be a major national issue as restrictionist forces ramp up to turn Trump's current temporary pause on immigration into a permanent one.

See more here:
Justin Amash's Confusing and Contradictory Immigration Record - Reason

Graduating seniors in a wide range of majors demonstrate the power of a liberal arts education. [10 min read]

As USC Dornsife College of Letters, Arts and Sciences prepares to celebrate its graduates, 10 exceptional seniors have earned a special place of honor as Dornsife Scholars.

Selected for their successes in educational fields that address both national and global questions of human value and social challenges, the students each will receive $10,000 to be used to continue their studies as graduate students and emerging professionals.

Virginia BullingtonMajor: Narrative StudiesMinor: International RelationsGPA: 3.95

Scholarly Work, Volunteerism, Awards and Achievements:

USC Dornsife has prepared me impeccably well to enact meaningful change in the world because as a student in the largest, most diverse school at USC, I have been exposed to a range of perspectives and experiences. I never felt pigeon-holed or confined to one narrow career or academic path, rather USC Dornsife encouraged me to explore. Without having the opportunity to explore, I would not have been able to develop the strong sense of identity and conviction in who I am, what I am compelled by and where I see myself. These convictions will be essential as I seek to continue studying violent conflict and mass atrocity and how to implement solutions, thus maximizing the benefits of my education.

Gloria ChengMajor: Health and Human Sciences (pre-med and psychology emphasis)GPA: 3.80

Scholarly Work, Volunteerism, Awards and Achievements:

The collective global and local experiences serving underserved populations informed my future aspirations to advocate in the health policy and non-profit sectors as a doctor in organizations such as the World Health Organization.

Thomas KimMajor: International RelationsMinor: Environmental StudiesGPA: 3.989

Scholarly Work, Volunteerism, Awards and Achievements:

What made my time as a Dornsife student unique was its experiential learning. From Thematic Options interdisciplinary mental gymnastics, I learned how to analyze and synergize complex arguments. My internship with [USC Wrigley Institute for Environmental Studies] inspired me to fight for sustainability and against inequality. The Arctic [Problems Without Passports] left me with a greater appreciation of not only the existential threat of climate change, but also empathy and the importance of mental health. My time as a Global East Asia Scholar in Japan reminded me of the joy of exploring other cultures, despite what others say about rising global populism. Cambridge University as a study abroad student opened my eyes to the perfect career avenue to make change: international law. And joining undergraduate research with the Arctic policy research team gave me perspective into how narratives are crafted and perpetuated in the international system. Each experience taught me a unique lesson in making a difference. As a senior whose last semester has been interrupted in the most unexpected way, I leave USC into a world changed by a pandemic. However, these lessons will stay with me, informing and keeping me grounded, as I strive forward to accomplish my lifelong goal, and consequently fulfill the Dornsifes commitment, to save the world.

Samantha KosaiMajor: SociologyGPA: 3.94

Scholarly Work, Volunteerism, Awards and Achievements:

All of my experiences as a Dornsife student have made me more empathetic, inquisitive, and empowered by the many facets in which I hope to make a difference. After a few years working as a research assistant, I hope to earn a Ph.D. in sociology and begin a career as a professor researching and teaching about social inequality in our carceral, education, and health care systems. My dream is to continue working on studies, like my current honors thesis, that can be used to inform policies that protect our most vulnerable populations. My desire to make a difference in this world has been fostered by all the people I have been privileged to interact with as a Dornsife student; it only feels right that I pass along their kindness and support to the next generation of leaders.

Rae LanMajor: NeuroscienceGPA: 4.0

Scholarly Work, Volunteerism, Awards and Achievements:

Like myself, David Dornsife won national titles as a USC student-athlete, and the Dornsifes have long been a leading supporter of the USC neuroscience program. Moreover, the World Vision humanitarian programs supported by the Dornsifes align with the global health policy proposals and health systems research I carried out abroad. The Dornsife legacy has framed so many of my experiences these past four years. From the tennis court to the lab, from the classroom to the community, from Southern California to England, I will continue to make connections wherever I go and to translate my educational excellence into real-world impact.

Jenna MazzaDouble Major: International Relations and SpanishGPA: 3.88

Scholarly Work, Volunteerism, Awards and Achievements:

From my time with the Global Womens Narratives Project to Dornsife Study Abroad to working with Los Angeles immigrants as a part of my upper division international relations coursework in forced migration, my Dornsife experience has formulated my lifes commitment to support all women both through one-on-one interactions and policy measures.

Sameer Nair-DesaiDual Major: Economics and International Relations (Global Business)GPA: 3.94/4.0

Scholarly Work, Volunteerism, Awards and Achievements:

As the Dornsifes noted, To see the results of your efforts improving someones life is something you wont ever forget. My time at Dornsife has pushed me towards this same realization. Often, those excluded from education are not undeserving, but rather underserved. I strongly believe talent and hard work should dictate life outcomes, not the birth lottery. [USC Dornsife] has motivated, educated and prepared me towards realizing this vision.

Erin PinedaMajor: International RelationsGPA: 3.905

Scholarly Work, Volunteerism, Awards and Achievements:

Through scholarships like SOAR [Student Opportunities for Academic Research], the School of International Relations Internship Fund, and the Hovel Scholarship for German Studies, USC Dornsife opened the door to opportunities that helped me discover my passion for immigration issues, which I will use to advocate for immigration reform in the U.S. To accomplish this goal, I will go to law school and later join the Department of Homeland Security to draft policies that are more just and human-rights-oriented than the legislation currently governing the U.S. immigration system. While conducting interviews with Venezuelan immigrants in Peru, I witnessed first-hand the power of public policy to positively impact peoples lives. Because of the well-rounded and globally-oriented education I received as a Dornsife student, I feel well-equipped to apply the lessons learned abroad and the expertise.

Lisa de RafolsDouble Major: Economics and International RelationsMinor: FrenchGPA: 3.74

Scholarly Work, Volunteerism, Awards and Achievements:

Dornsife gave me a dynamic space to find my academic footing and then the concrete pathways to explore my interests and satiate my curiosity. Having zeroed in on the field I would like to work in after I graduate, my perspective on the subject has been indelibly shaped by my time as a Dornsife student. Beyond the impact of my experiences abroad through USC Dornsife, my time on campus was equally consequential: The critical thinking skills I learned in my Thematic Option courses will allow me to dig deeper when trying to find solutions for climate refugees, my courses on Francophone literature will provide an insight into the connections between refugee and diaspora communities, the econometrics I learned as an economics major will allow me to evaluate the effectiveness of policy interventions the list could go on and on. Ultimately, I am convinced that I will always carry the ethos of USC Dornsife with me long after I leave this campus.

Megan SmithDouble Major: International Relations (honors) and FrenchGPA: 3.878/4.0

Scholarly Work, Volunteerism, Awards and Achievements:

The education I have received from USC Dornsife pushed me to be courageous in my learning and gain tools integral to professionalizing my passion. Now, I am emboldened as a global citizen to take risks and trust my voice as I continue my pursuit of forming peace.

About the program

The Dornsife Scholars program honors Dana and David Dornsife, renowned philanthropists with the highest regard for education. Available exclusively to outstanding graduating seniors whose major courses of study are at USC Dornsife, the program underscores the importance of core academic disciplines of the humanities, social sciences and natural sciences. Recipients demonstrate a commitment to educational excellence and the advances that allow for improving the lives of people and addressing pressing global problems.

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Dornsife Scholars exemplify academic distinction with an international perspective > News > USC Dornsife - USC Dornsife College of Letters, Arts...

MIAMI An immigration detainee who tested positive for the coronavirus while at Miamis Krome detention center is going to be released, according to court records.

The 27-year-old Mexican national, who has been in the custody of U.S. Immigration and Customs Enforcement for about three months, is one of two detainees and three security guards at Krome who officials say contracted the illness at the facility.

The mans attorney, like thousands of others across the country, scrambled when the pandemic was declared in early March to file a humanitarian parole request, explaining how his client would be in imminent danger of catching COVID-19 in a crowded jail without the opportunity to practice social distancing.

On Wednesday, nine days after the detainee tested positive for the coronavirus, the emergency request for release was granted and hes free to go, documents show. The only requirements: an address where he will be staying, along with an emergency contact and information for the person giving him a ride home. ICE will release him when it gets that information.

But its almost as if its too late, said Matus Varga, a Miami immigration attorney. Our client already caught the virus. Who is going to want to get in a car with someone who has COVID-19? Think about it.

The detainees release has raised a question among legal experts, immigration advocates and critics about who bears the responsibility of making sure the man has a safe space in which to self-isolate, considering he got sick in detention.

The detainee who asked not to be named lives near Myakka City, about three hours northwest of Krome. The only family he has, a cousin, is not willing to risk spreading the virus to his wife and two children at home. The mother of the detainees infant daughter is also afraid that the virus could spread to the baby.

This is tough, the detainees cousin told The Miami Herald. You think I want to leave him in there like a prisoner? But I also have to be realistic. If I pick him up, I can get sick, and so could my wife and babies. Its like they decided to release him knowing hed have no way out anyway.

According to ICE policy, detainees shall receive continuity of care from the time of admission to time of transfer, release or removal. Detainees, who have received medical care, released from custody or removed shall receive a discharge plan, a summary of medical records, any medically necessary medication and referrals to community-based providers as medically appropriate.

But what does that mean for someone with the coronavirus who no longer has symptoms but is still contagious?

Former ICE director John Sandweg said the debate is a byproduct of the administrations refusal to take common sense steps to limit the exposure to low risk and vulnerable detainees.

While ICE doesnt necessarily have a legal responsibility to find alternate housing in this situation, the agency has an obligation to release the detainee to prevent exposure to staff and other detainees and a moral obligation to make arrangements to house the detainee in a safe location until he recovers, Sandweg said.

But that solution is outrageous and irresponsible, says Ira Mehlman, a spokesman for the Federation for American Immigration Reform, an anti-immigrant lobbying organization.

He already has a place to self-isolate, its called Krome, and it has a medical facility, Mehlman said. His release makes no sense. We are basically shutting down the country to prevent the spread of this disease and here we are releasing this guy? His presence is illegal in the first place and he is a threat to public health. ICE should not be releasing people if they have no way of safeguarding public health, which at the end becomes their responsibility.

ICE told the Herald that the agency generally would not discretionarily release a diagnosed person until its determined they are not likely to potentially expose any other persons.

Bryan D. Cox, public affairs director for ICEs southern region, said theres one caveat: if the detainee has medical conditions that might place them at higher risk (in detention) for severe illness as a result of COVID-19. Any such decision for those persons would be made in coordination with state and local health officials.

According to the detainee, who has no other underlying condition, he has not been retested for the virus and is still in medical isolation at Krome. ICE told his legal team in an email that its client is asymptomatic with stable vital signs and no fever. Additionally, (he) has not required any medications for COVID-19 status.

The Florida Department of Health said the state agency, which also has local satellite offices, does not provide recommendations for medical releases to ICE, according to spokeswoman Brenda L. Barnes.

State health officials do schedule a call to explain how to practice federal health protocols such as social distancing and proper hand washing.

The nursing director and/or the epidemiology nurse would talk to the individual and provide education and guidance based upon the CDC materials, Barnes said. FDOH would be informed of the housing for the individual for any necessary epidemiology follow up with a confirmed case.

Barnes noted that FDOH would not be the agency to arrange for housing, but that in extreme cases coordination for this could be forwarded to local advocate groups depending on the area in Florida.

Whether or not ICE bears the responsibility to accommodate housing for the detainee outside of Krome is squishy, said Keren Zwick, director of litigation at the National Immigrant Justice Center. She added that accommodating a safe release was complicated and difficult pre-coronavirus, and will be even more difficult now as sick detainees start getting released.

ICE would have to take reasonable steps to reasonably ensure the safety of people who leave their custody, Zwick said. The same way they provide medication for someone who is ill, would have to be the same way they should provide someone a safe place to self-isolate outside of Krome, which doesnt have the ability to truly isolate people even in medical care because the facilities have a proven terrible track record.

A recent report by the Southern Poverty Law Center and Americans for Immigrant Justice said there are rampant medical deficiencies and other abuses throughout South Florida ICE detention facilities, including Krome.

Citing CDC detention setting guidelines, Homer Venters an epidemiologist and the former chief medical officer and assistant commissioner of Correctional Health Services for the New York City Health and Hospital System said there is an obligation by ICE to consider the safe release of anyone leaving their custody, and this obligation holds true during COVID-19.

The CDC guidelines say that upon release, ICE must discuss the release with health officials to ensure safe medical transport and continued shelter and medical care, as well as make direct linkages to community resources to ensure proper medical isolation and access to medical care. Before the release of a detainee with COVID-19 symptoms to a community-based facility, ICE must contact the facilitys staff or contact local public health to explore alternate housing options.

Venters said the Mexican nationals case is an example of the discrepancy between CDC guidelines for COVID-19 response in detention settings and ICE practices and policies. ICE should follow these guidelines and their failure to do so will increase the risk for serious illness and death among detained people and also hamper ongoing community efforts to combat COVID-19.

Jessica Schneider, director of the detention program at Americans for Immigrant Justice, said ICE coordinates with state and local health officials in regards to people who have severe, ongoing medical or mental health issues.

But this is not that. This is a new space and a new problem that will only grow, she said. We dont know what this coordination will entail within the context of a pandemic. Coordinating release for someone who has a highly infectious virus will likely look very different.

Immigrant advocates across the country say the problem could have been avoided if ICE had agreed to release non-criminal detainees from custody to prevent the spread of the coronavirus. Dozens of lawsuits around the country have been filed in federal court seeking the release of detainees, including one in Miami.

This has created a troubling situation for sick people who are eligible for release but now can no longer safely reunify with their family because their relatives are immunocompromised or elderly, Schneider said. Unfortunately, because ICE failed to act preemptively and release people quickly before they became sick they have now created a seemingly impossible situation for those who want nothing more than to go home and get well.

During a Miami federal court hearing Friday, Dexter Lee, an attorney for the Department of Justice representing ICE, told Magistrate Judge Jonathan Goodman, who is considering whether to grant release to South Florida detainees, that the agency is concerned that the burden of releasing detainees will disproportionately fall on the shoulders of ICE because the agency is responsible for making sure they have a safe place to go.

As of Thursday, ICE says about 200 detainees at Krome had been exposed to the coronavirus and segregated, but only 20 have been tested. Hundreds more detainees across South Florida have reported feeling sick but remain untested. The practice of segregating affected idetainees all together, which ICE calls cohorting, is actually spreading the coronavirus like wildfire among detainees and staff, health scholars have said in sworn statements before federal court judges.

ICE directly contradicts CDC guidance in several ways, including, most critically, that ICE officials describe cohorting as the planned response to a known COVID-19 exposure, not a practice of last resort, wrote Joseph Shin, an assistant professor of medicine at Weill Cornell Medicine, a founding member of the Cornell Center for Health Equity.

In recent weeks, detainees were so scared of catching the illness from new incoming detainees that fistfights erupted among guards and detainees, who were left bloodied and with black eyes in solitary confinement.

Alex Piquero, a professor of criminology at the University of Texas, Dallas and soon-to-be chair of the University of Miamis Department of Sociology, told the Herald that if it can be shown that (the Mexcian national) contracted the virus while in custody and not prior to it, then the agency should find a way to find him suitable housing for the period of time needed to quarantine before having the confirmatory negative tests thereafter.

Whether that isolation location is in a hospital or at another detention facility I believe is somewhat secondary to the matter so long as the individual is receiving the care needed, he said, However these facilities are designed to keep people in, but not viruses out.

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ICE detainee with COVID-19 in Miami detention center will be released with nowhere to go - Janesville Gazette