Ever since President Joe Biden took office, leading Republicans and other immigration opponents have tried to undermine his attempts to reverse Donald Trump's white supremacist anti-immigrant agenda by stoking fears of a border "crisis" caused by increased migration by legitimate asylum seekers, unaccompanied children and other mainly Central American immigrants seeking to escape gang violence and poverty in their home countries.

Also, whipping up hysteria over increased migration by nonwhite immigrants at the Mexican border goes hand-in hand with Republican attempts to bring back the pre-1960's Jim Crow segregation era by restricting or eliminating voting rights by nonwhite US citizens. As one commentator puts it in a recent article entitled:

The Republican "Crisis" on the Mexican border is a Crisis of Weaponized Racism

"The reality is that last week has seen the GOP triumph in focusing on making Black voters 'ghosts' as far as voting rights and Brown migrants from south of the border as criminal marauders."

https://towardfreedom.org/americas-2/the-republican-crisis-on-the-mexican-border-is-a-crisis-of weaponized-racism/

The obsession over increased migration at the Mexican border caused by ending Trump's abuses such as his openly racist and inhuman "Remain in Mexico" policy and totalitarian-style border wall construction is also dangerous and destructive because it diverts attention away from reforms in the legal immigration system that are badly needed in order to uphold Constitutionally and internationally recognized immigrant human rights, including the right to work.

It is currently taking USCIS more than seven months from the date of filing to issue work authorization to legal immigrants with pending applications for green cards through family or employment-based "adjustment of status". This is causing severe economic hardship to many applicants who are in the US legally and have never violated any of our laws.

An another instance, to my own knowledge, USCIS denied a routine Post-Completion Optional Practical Training (OPT) work permit (EAD) to an F-1 student who had filed one day late through no fault of the person's own. The work permit denial because of late filing, which USCIS has broad discretion to forgive, threatens to destroy the person's entire future in the US.

Abuses sch as these as an attempt to limit immigration (with the major impact on nonwhite applicants) are a violation of the basic immigrant human right to employment, as Valparaiso (Indiana) university Law Professor Geoffrey Heeren persuasively argues in a 2017 Georgetown Immigration Law Journal article entitled:

The Immigrant Right To Work

31 Georgetown Immigration Law Journal, 243

Professor Heeren writes: (original italics):

"Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in US history an jurisprudence...The right of immigrants to work is 'objectively, deeply rooted [in] this nation's history and tradition...'"

To be continued in Part 2 of this series.

Roger Algase
Attorney at Law