WHEN PRESIDENT TRUMP announced last fall that he would require states and localities to consent to the resettlement of legal, thoroughly vetted refugees in their communities, he bragged at a campaign rally in Minnesota, “Believe me, no other president would be doing that.” Mr. Trump was right. In four decades, no other president has done so — and there are excellent reasons for that.
First among them is that his executive order — in effect an invitation for Americans to turn away prospective neighbors who might look, sound or think different — reinforces and encourages the most exclusionary, divisive, intolerant faults in America’s social fabric. By doing so, it diminishes the country, not least in the eyes of a world that has long looked to the United States as a leader of humanitarian causes such as resettling the planet’s most desperate people.
No one believes Mr. Trump is swayed by such arguments. But here’s another: What he did is probably illegal.
This past Wednesday, Judge Peter J. Messitte, of the U.S. District Court in Maryland, granted a temporary injunction freezing Mr. Trump’s order, and in the process offered a lucid explanation of why it is unlikely to pass legal or constitutional muster. He cited a raft of precedents, including by the Supreme Court, reserving for the federal government — not states, let alone localities — the exclusive power to admit or deny immigrants. He also demonstrated that the president’s stance flies in the face of Congress’s intent when it established the current refugee system, in 1980, and subsequently.
That law provides what it calls “comprehensive and uniform provisions” to resettle and provide for refugees admitted after rigorous screening by U.S. agencies, a process that takes about two years. It establishes a system of consultation between federal and local officials designed to ensure a smoothly functioning system. Nowhere does it grant states and localities a veto; in fact, in amending the law to provide for more consultation, in 1986, the House Judiciary Committee noted in a report that it did not intend to grant states and localities any veto.
Mindful of the legislation, Justice Department lawyers, tasked with defending the president’s order, tried to pretend it did not amount to a veto for states and localities; rather, they said, it was meant only to “enhance the consultation.” The judge rightly labeled that “Orwellian Newspeak.”
Mr. Trump’s move was an appeal to the nation’s worst instincts. Most Americans didn’t bite. Ahead of a deadline on Tuesday, at least 42 governors and scores of localities, including many with large Republican majorities, have announced they would accept refugees. Only Texas Gov. Greg Abbott (R) so far has declined; the judge’s decision denies him that power.
That won’t stop Mr. Trump from eviscerating the refugee program; he’s already slashed the annual limit on resettlements to 18,000, down from the 110,000 President Barack Obama announced in his last year in office. The open arms of most states and localities do send a convincing message, though — that Americans are not as fearful, hostile and small-minded as Mr. Trump evidently believes.
Another boat tragedy off North Africa’s Atlantic Coast stark reminder of perilous sea journeys
The International Organization for Migration (IOM) and UNHCR, the UN Refugee Agency, say the deaths of 47 people who were onboard a boat heading to the Canary Islands from North Africa’s Atlantic coast highlight the urgent need for more support to prevent further tragedies at sea.
The boat left on 3 August carrying 54 people, including three children. After two days at sea, engine failure left passengers stranded without food or water for nearly a fortnight. When located by the Mauritanian coast guard on 16 August, only seven people were alive on board.
Survivors were taken to Mauritania’s northern city of Nouadhibou for medical treatment. Four people in critical condition were transferred to hospital. UNHCR is working to provide assistance and to determine whether any survivors have international protection needs.
The latest tragedy comes just 10 days after another 40 people lost their lives along the same route. It adds to the spiraling number of deaths, as more vessels depart for the Canary Islands. As of January this year, more than 350 people have died, while over 8,000 refugees and migrants have reached Spain using this sea route.
Meanwhile, since October 2020, more than 1,200 people have been rescued off the Mauritanian coast and received medical assistance as part of a first aid programme set up by IOM.
IOM and UNHCR are appealing for more support, to be able to continue their lifesaving interventions, including through screening, medical and psychosocial aid.
“Our top priority is to provide safe and viable alternatives to the dangerous journeys undertaken by refugees and migrants in the Mediterranean, as per the objectives of the Global Compact on Refugees,” said Maria Stavropoulou, UNHCR’s Representative in Mauritania. “UNHCR is working to increase the identification of those with international protection needs travelling along these routes and provide assistance in the countries that host them.”
IOM’s Chief of Mission in Mauritania, Boubacar Seybou, said the organization was concerned that many rescued at sea end up in administrative detention.
“In accordance with the recommendations included in the Global Compact for Migration, alternatives must also be available to survivors, who have already suffered heavy medical and psychosocial trauma,” Seybou said. “We are working closely with authorities “to accelerate the implementation of new assistance and protection measures, and to strengthen the fight against traffickers and smuggler networks.”
IOM and UNHCR are urging the international community to support efforts to identify and assist those with international protection and other specific needs, to create safe and legal pathways, establish alternatives to detention, and strengthen search and rescue capacity off the coast of Mauritania.
Response capacities stretched with hasty return of 40,000 Ethiopian migrants
Ethiopia – The International Organization for Migration (IOM) is urgently appealing for funds to respond to the needs of 40,000 Ethiopian migrants returning from the Kingdom of Saudi Arabia (KSA). Over 30,000 have arrived in Ethiopia over the last two weeks, at the rate of over 2,600 people a day. More than 20,400 (68 per cent) are from parts of Tigray and Amhara regions which are in the midst of conflict in Northern Ethiopia that has displaced nearly two million people.
The returns of Ethiopian migrants follow a bilateral agreement between the governments of Ethiopia and KSA.
According to IOM, USD 740,000 is needed to provide assistance for every 10,000 migrants returning. This is for essentials such as medical treatment, supplies for babies and infants such as diapers, clothing, help with finding and tracing family members, and reunifying them or providing alternative care arrangements as appropriate, as well as to respond to protection concerns.
“This sudden upsurge in returns poses a major challenge to our ability to assist the returnees – many of whom require medical and psychosocial assistance, support reuniting with their families, and livelihood options that would help to diminish the appeal of irregular re-migration to KSA and other countries of destination,” says Maureen Achieng, IOM Chief of Mission in Ethiopia.
“Our response is seriously underfunded and barely reaching the needs of returnees in the provision of essential basic and specialized assistance, including for unaccompanied migrant children, pregnant and lactating mothers, and victims of trafficking.”
Many of the migrants will require help to return and reintegrate back into their communities. Reintegration assistance is therefore vital to supporting the returnees psychologically, and to find work and stability, to help them avoid irregular migration, and exploitation by trafficking and smuggling rings.
The returning migrants are among the target population included in the Regional Migrant Response Plan 2021-2024 (MRP) for the Horn of Africa and Yemen, a USD 99 million appeal launched by IOM and 39 partners in March 2021 to address the protection needs, risks and vulnerabilities of migrants along this route. The MRP is underfunded and urgently requires additional resources to carry out its response, including for this target population.
While recognizing the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law, IOM, as part of the United Nations Network on Migration, reaffirms its commitment to keeping everyone safe. It means that all Member States need to ensure that collective expulsions of migrants and asylum-seekers must be halted; that protection needs, including international protection, must be individually assessed; and that the rule of law and due process must be observed. It also means prioritizing protection, including every child’s best interest, under the obligations in international law.
IOM provides over 1,300 migrants with emergency shelter and assistance on the Canary Islands
Madrid – As more migrants arrive in the Canary Islands, the International Organization for Migration (IOM) has provided shelter, protection services, medical, legal and other types of assistance to 1,361 migrants on Tenerife.
The arrival of more than 23,000 people in the Canary Islands by sea in 2020, particularly in the last three months of the year, strained the reception capacity and COVID-19 has further complicated the response. In November 2020, the Government of Spain announced “Plan Canarias” to renovate and expand the archipelago’s reception facilities to accommodate and assist 7,000 migrants.
Since 26 February this year, IOM has been operating at the Las Canteras Emergency Reception Facility (ERF) on Tenerife to support the Spanish government in managing the site. The EU-funded facility is an open centre which can accommodate as many as 1,100 people.
“Our priority is to support Spain with site management to provide safe and dignified living conditions and tailored services for migrants who have arrived via extremely treacherous journeys to the Canary Islands,” said Maria Jesús Herrera, Head of IOM’s Office in Spain.
Today, some 300 migrants are staying at the facility from Morocco, Senegal, Mali, Guinea Conakry, Guinea Bissau, Sudan, The Gambia, Mauritania and Côte d’Ivoire.
At Las Canteras, IOM provides meals, core relief items, water and sanitation, maintenance, and Multipurpose Cash Assistance. The Organization also offers protection assistance, which includes vulnerability assessments, Mental Health and Psychosocial Support (MHPSS), primary health care, legal information and counselling for family reunification or international protection, and assistance with transfers of eligible vulnerable migrants to the mainland.
IOM’s Assisted Voluntary Return and Reintegration (AVRR) is also available to migrants who wish to return to their country of origin.
Marouane, a 27-year-old from Morocco, had arrived at the facility on 6 March. One year ago, he risked a harrowing sea journey towards the islands.
“For three days, you hang out with death, you see it. But if you don’t die, then you get there,” he told IOM in May.
To date, IOM has provided legal counselling to more than 780 people seeking asylum, in cooperation with UNHCR, the UN’s refugee agency. IOM also ensured – through close collaboration with the Spanish authorities – the referral and transfer of some 682 migrants to other specialized centres on the islands and the mainland.
The Organization also works closely with the municipality of La Laguna to engage with neighbourhood associations, the Tenerife council, civil society, citizens and local actors in the interest of transparency, mutual exchange, and social cohesion.
“We consider the people hosted in Las Canteras centre as citizens of La Laguna municipality. We therefore try to collaborate as much as possible so that they also benefit from the activities organized by the City Council,” said José Luis Hernandez, Environment Councillor from the La Laguna City Hall.
Arrivals to the Canary Islands on the Western Africa-Atlantic Route this year have reached 7,309 – more than double the number of arrivals at the same time last year. Some 23,848 migrants have reached Spain irregularly via all land and sea routes so far this year.
The project at Las Canteras,“Supporting the Spanish Authorities in managing an Emergency Reception Facility on the Canary Islands”, is funded by the EU (European Commission, DG Home). The overall management of the ERF is under the coordination of the Site Manager of the Spanish Ministry of Inclusion, Social Security and Migration.
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