Trump’s immigration executive orders: The demise of due process and discretion

A screenshot of the article published on The Conversation.

By Shoba Sivaprasad Wadhia | Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic

 

The U.S. immigration code, passed by Congress in 1952, rivals the tax code in its level of complexity. The Conversation

In January, President Donald Trump signed three executive orders on immigration that have made matters more complicated for immigrants and the lawyers and advocates who fight on their behalf.

As an immigration lawyer and teacher, I have spent countless hours helping those in need and educating my community, which includes residents, educators, professors, international students and scholars, along with local government about the contents of the orders, and the guidelines released by the Department of Homeland Security in February and how they will be implemented.

Shoba Sivaprasad Wadhia

Specifically, the two orders on deportations and enforcement, both signed on Jan. 25, reveal that the government is making three major changes.

First, the orders are making virtually every undocumented person a priority for deportation.

Second, they seek to maximize existing programs that allow deportation of individuals without basic due process. This includes the right to be heard by a judge, present evidence or challenge a charge of deportation.

And third, pursuant to its Feb. 20 memorandum, DHS has rescinded most documents that offered guidance on prosecutorial discretion.

Prosecutorial discretion in immigration law refers to the choice made by a government official or agency to enforce or not enforce the immigration law against a person. It has been the central focus of my research, and is a critical component in our immigration system. Officials must choose whom to prioritize for removal because they have limited resources. The government has also recognized other compelling reasons why a person might deserve to not be deported. For example, a person without papers who has lived in the United States for several years and has family ties, steady employment or community leadership may temporarily be protected from removal.

Do Trump’s executive orders signal an end to this practice?

Everyone is a priority

DHS has rescinded the 2014 Johnson Priorities Memo, which provided a framework for determining who is a priority for immigration enforcement and articulated the factors that should be considered when making decisions about whether to deport someone.

For example, the memo instructed DHS to consider amount of time spent living in the United States and “compelling humanitarian factors such as poor health, age, pregnancy, a young child, or a seriously ill relative.”

Now, the government is taking a hard-line approach to immigration enforcement, without explicit consideration for a person’s circumstances. The orders list specific parts of the 1952 immigration statute that target those eligible for deportation for reasons related to crimes or misrepresentation. But enforcement officials will also now target deportable immigrants who:

  • have been convicted of any criminal offense;
  • have been charged with any criminal offense that has not been resolved;
  • have committed acts that constitute a chargeable criminal offense;
  • have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency;
  • have abused any program related to receipt of public benefits;
  • are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or
  • in the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

DHS guidance does not stop with this priority list. It goes on to suggest that any person without documents might be a priority. It repeatedly states: “All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”

Arguably, an undocumented parent living in the United States for several years and taking care of children who have formal or permanent immigration status, or United States citizenship, could be targeted as a person “in violation of the immigration laws,” whereas before this same person would have more clearly been eligible for prosecutorial discretion and not been labeled as a priority. Similarly, a student who overstays her visa and then jaywalks may be treated as an enforcement priority because jaywalking constitutes a chargeable offense.

The cumulative effect is fear that everyone is a priority.

Despite major changes to enforcement, the guidance from DHS suggests that individual prosecutorial discretion may be exercised on a case-by-case basis, and preserves three policies relating to enforcement.

One pertains to “sensitive locations” and instructs DHS to avoid enforcement in places like schools, places of worship and hospitals.

The second is a guideline on granting parole to certain arriving asylum seekers after a “credible fear” interview has been conducted. When an asylum seeker is “paroled,” she is released from detention and able to pursue her asylum claim outside of custody.

The final memo that is still intact is the Deferred Action for Childhood Arrivals. DACA enables qualifying noncitizens who entered the United States at a young age, often referred to as “Dreamers,” to apply for protection from deportation and work authorization.

While I see the preservation of these guidelines as positive, the overriding message of the executive orders and implementation memos is one of speedy enforcement without discretion or due process.

Shoba Sivaprasad Wadhia is the Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Pennsylvania State University. This article was originally published on The Conversation. Read the original article.

Does empathy have limits?

Image 20170301 5504 1l7vjh2
Why do we lack empathy in certain situations?
PROFrancisco Schmidt, CC BY-NC

 

By C. Daryl Cameron | Assistant Professor of Psychology and Research Associate in the Rock Ethics Institute
Michael Inzlicht, University of Toronto
and William A. Cunningham, University of Toronto

 

Is it possible to run out of empathy? The Conversation

That’s the question many are asking in the wake of the U.S. presidential election. Thousands have marched on streets and airports to encourage others to expand their empathy for women, minorities and refugees. Others have argued that liberals lack empathy for the plight of rural Americans.

Daryl C. Cameron

Against this backdrop, some scholars have recently come out against empathy, saying that it is overhyped, unimportant and, worse, dangerous. They make this recommendation because empathy appears to be limited and biased in ethically problematic ways.

As psychologists who study empathy, we disagree.

Based on advances in the science of empathy, we suggest that limits on empathy are more apparent than real. While empathy appears limited, these limits reflect our own goals, values and choices; they do not reflect limits to empathy itself.

The ‘dark side’ of empathy

Over the past several years, a number of scholars, including psychologists and philosophers, have made arguments that empathy is morally problematic.

For example, in a recently published and thought-provoking book, “Against Empathy,” psychologist Paul Bloom highlights how empathy, so often touted for its positive outcomes, may have biases and limitations that make it a poor guide for everyday life.

What explains our feelings of empathy toward some and not others?
N i c o l a, CC BY

Bloom claims that empathy is a limited-capacity resource, like a fixed pie or fossil fuel that quickly runs out. He suggests that,

“We are not psychologically constituted to feel toward a stranger as we feel toward someone we love. We are not capable of feeling a million times worse about the suffering of a million than about the suffering of one.”

Such views are echoed by other scholars as well. For example, psychologist Paul Slovic suggests that “we are psychologically wired to help only one person at a time.”

Similarly, philosopher Jesse Prinz has argued that empathy is prejudiced and leads to “moral myopia,” making us act more favorably toward people we have empathy for, even if this is unfair.

For the same reason, psychologist Adam Waytz suggests that empathy can “erode ethics.” Slovic, in fact, suggests that “our capacity to feel sympathy for people in need appears limited, and this form of compassion fatigue can lead to apathy and inaction.”

Are there limits?

The empathy that the scholars above are arguing against is emotional: It’s known scientifically as “experience sharing,” which is defined as feeling the same emotions that other people are feeling.

This emotional empathy is thought to be limited for two main reasons: First, empathy appears to be less sensitive to large numbers of victims, as in genocides and natural disasters. Second, empathy appears to be less sensitive to the suffering of people from different racial or ideological groups than our own.

In other words, in their view, empathy seems to put the spotlight on single victims who look or think like us.

Empathy is a choice

We agree that empathy can often be weaker in response to mass suffering and to people who are dissimilar from us. But the science of empathy actually suggests a different reason for why such deficits emerge.

As a growing body of evidence shows, it’s not that we are unable to feel empathy for mass suffering or people from other groups, but rather that sometimes we “choose” not to. In other words, you choose the expanse of your empathy.

Empathy is a choice.
Riccardo Cuppini, CC BY-NC-ND

There is evidence that we choose where to set the limits of empathy. For example, whereas people usually feel less empathy for multiple victims (versus a single victim), this tendency reverses when you convince people that empathy won’t require costly donations of money or time. Similarly, people show less empathy for mass suffering when they think their helping won’t make any difference or impact, but this pattern goes away when they think they can make a difference.

This tendency also varies depending on an individual’s moral beliefs. For instance, people who live in “collectivist cultures,” such as Bedouin individuals, do not feel less empathy for mass suffering. This is perhaps because people in such cultures value the suffering of the collective.

This can also be changed temporarily, which makes it seem even more like a choice. For example, people who are primed to think about individualistic values show less empathic behaviors for mass suffering, but people who are primed to think about collectivistic values do not.

We argue that if indeed there was a limit on empathy for mass suffering, it should not vary based upon costs, efficacy or values. Instead, it looks like the effect shifts based on what people want to feel. We suggest that the same point applies to the tendency to feel less empathy for people different from us: Whether we extend empathy to people who are dissimilar from us depends on what we want to feel.

In other words, the scope of empathy is flexible. Even people thought to lack empathy, such as psychopaths, appear able to empathize if they want to do so.

Why seeing limits to empathy is problematic

Empathy critics usually do not talk about choice in a logically consistent manner; sometimes they say individuals choose and direct empathy willfully, yet other times say we have no control over the limits of empathy.

These are different claims with different ethical implications.

The problem is that arguments against empathy treat it as a biased emotion. In doing so, these arguments mistake the consequences of our own choices to avoid empathy as something inherently wrong with empathy itself.

We suggest that empathy only appears limited; seeming insensitivity to mass suffering and dissimilar others is not built into empathy, but reflect the choices we make. These limits result from general trade-offs that people make as they balance some goals against others.

We suggest caution in using terms like “limits” and “capacity” when talking about empathy. This rhetoric can create a self-fulfilling prophecy: When people believe that empathy is a depleting resource, they exert less empathic effort and engage in more dehumanization.

So, framing empathy as a fixed pie misses the mark – scientifically and practically.

What are the alternatives?

Even if we accepted that empathy has fixed limits – which we dispute, given the scientific evidence – what other psychological processes could we rely upon to be effective decision-makers?

Is compassion less biased?
Fr Lawrence Lew, O.P., CC BY-NC

Some scholars suggest that compassion is not as costly or biased as empathy, and so should be considered more trustworthy. However, compassion can also be insensitive to mass suffering and people from other groups, just like empathy.

Another candidate is reasoning, which is considered to be free from emotional biases. Perhaps, cold deliberation over costs and benefits, appealing to long-term consequences, may be effective. Yet this view overlooks how emotions can be rational and reasoning can be motivated to support desired conclusions.

We see this in politics, and people use utilitarian principles differently depending on their political beliefs, suggesting principles can be biased too. For example, a study found that conservative participants were more willing to accept consequential trade-offs of civilian lives lost during wartime when they were Iraqi instead of American. Reasoning may not be as objective and unbiased as empathy critics claim.

Whose standard of morality are we using?

Even if reasoning was objective and didn’t play favorites, is this what we want from morality? Research suggests that for many cultures, it can be immoral if you don’t focus on the immediate few who share your beliefs or blood.

For example, some research finds that whereas liberals extend empathy and moral rights to strangers, conservatives are more likely to reserve empathy for their families and friends. Some people think that morality should not play favorites; but others think that morality should be applied more strongly to family and friends.

So even if empathy did have fixed limits, it doesn’t follow that this makes it morally problematic. Many view impartiality as the ideal, but many don’t. So, empathy takes on a specific set of goals given a choice of a standard.

By focusing on apparent flaws in empathy and not digging deeper into how they emerge, arguments against empathy end up denouncing the wrong thing. Human reasoning is sometimes flawed and it sometimes leads us off course; this is especially the case when we have skin in the game.

In our view, it is these flaws in human reasoning that are the real culprits here, not empathy, which is a mere output of these more complex computations. Our real focus should be on how people balance competing costs and benefits when deciding whether to feel empathy.

Such an analysis makes being against empathy seem superficial. Arguments against empathy rely on an outdated dualism between biased emotion and objective reason. But the science of empathy suggests that what may matter more is our own values and choices. Empathy may be limited sometimes, but only if you want it to be that way.

C. Daryl Cameron is an assistant professor of psychology and a research associate in the Rock Ethics Institute at Penn State. Michael Inzlicht is a professor of psychology and management at University of Toronto and William A. Cunningham is a professor of psychology at University of Toronto. This article was originally published on The Conversation. Read the original article.

Diversity is on the rise in urban and rural communities, and it’s here to stay

Image 20170216 32685 k4bo9v

Schoolchildren play on a New York subway. (AP Photo/Mark Lennihan)

By Jennifer Van Hook | Liberal Arts Research Professor of Sociology and Demography
and Barrett Lee | Professor of Sociology and Demography

 

Racial and ethnic diversity is no longer confined to big cities and the east and west coasts of the United States. The Conversation

In the 2016 U.S. presidential election, racially and ethnically diverse metropolitan areas were more likely to vote for Hillary Clinton. Whiter metro and rural areas supported Donald Trump. This pattern reinforced the stereotype of “white rural” versus “minority urban” areas.

However, our research shows that the populations of communities throughout the nation are being transformed. The share of racial and ethnic minorities is increasing rapidly and irreversibly. These changes will have major impacts on the economy, social cohesion, education and other important parts of American life.

Nearly all communities are becoming more diverse

Jennifer Van Hook

In everyday language, “diversity” often refers to racial and ethnic variation. But demographers have developed a mathematical definition of this concept: The greater the number of racial-ethnic groups in the community, and the more equal in size the groups are, the greater the diversity. Using this definition, we have estimated that diversity has increased in 98 percent of all metropolitan areas, and 97 percent of smaller cities in the U.S. since 1980.

The trend is not limited to urban America. Dramatic increases are evident in rural places as well. Nine out of 10 rural places experienced increases in diversity between 1990 and 2010, and these changes occurred in every region of the country.

Barrett Lee

Even within metropolitan settings, the traditional divide between diverse cities and white suburbia has been eroded. Immigrant-rich suburbs are rising around cities like Los Angeles and Washington, D.C., which rival urban enclaves as destinations for Asians and Latinos.

Of course, some communities have changed more than others. Despite these differences, a common trend is for a place’s racial-ethnic composition to change from white dominance to a multigroup mix, with some combination of whites, blacks, Latinos and Asians. This led to an increase in “no-majority” communities – including more than 1,100 cities and towns, 110 counties and four states: California, Texas, New Mexico and Hawaii. In these places, none of the major racial-ethnic groups constitutes as much as 50 percent of all residents.

Immigration and diversity

The racial and ethnic diversity we see today stems from the large and sustained wave of immigration that followed the Immigration and Nationality Act of 1965. Between 1965 and 2015, the proportion of non-Hispanic whites in the country dropped from 84 to 62 percent, while the shares of Hispanics and Asians rose. The Pew Research Center found that these changes were largely driven by immigration, not births. Only one-third of Hispanics and one-tenth of Asians would be living in the United States in 2015 had there been no immigration since 1965. Today, Hispanics account for 18 percent and Asians 6 percent of the U.S. population.

Related: Professor Van Hook was recently interviewed on NPR’s “All Things Considered” about breaking down the nearly 11 million unauthorized immigrants in the U.S. Listen and read more here.

Domestic and international migration during the 1990s and 2000s also contributed to the spread of diversity across American communities. Racial and ethnic minorities tended to move to whiter areas, and white young adults tended to move to more diverse urban areas. Notably, Latino immigrants were first concentrated in just a handful of states such as California, Texas, Florida, Illinois and New York. They started to spread across the country during the 1990s to areas known as “new destinations,” like North Carolina, Georgia and Iowa.

By that time, many Hispanic immigrants had acquired legal status and were free to move to new job opportunities in agriculture, construction and manufacturing in the Southeast and Midwest, as well as service sector jobs in high-amenity vacation destinations, such as in Colorado.

Diversity is now self-sustaining

Despite the initial importance of migration, racial and ethnic diversity is now self-sustaining. Minority groups will soon be maintained by “natural increase,” when births exceed deaths, rather than by new immigration.

This is especially true for Hispanics. According to the Pew Research Center study mentioned earlier, about a quarter of the U.S. population is projected to be Hispanic by 2065, up from 18 percent in 2015. This trend would not change if immigration somehow were halted completely after 2015, the final year in Pew’s study. The sustainability of the Latino population is even evident in rural and urban areas in the Southeast and Midwest, where natural increase in the Latino population, rather than international or domestic migration, is now responsible for more than half of Hispanic growth.

But, how can the share of Hispanics continue to grow without new immigration?

A small part of the answer is that Latinos have slightly more children than non-Hispanic whites. On average, Hispanic women have 2.1 children compared with 1.8 among non-Hispanic white women. However, fertility among Hispanic women declines with each new generation in the U.S., so this factor is unlikely to play a major role in the long run.

The main engine of America’s future diversity gains will be “cohort succession,” a process in which older majority-white generations are replaced by younger minority-majority generations. As shown in the charts below, which we created from U.S. Census Bureau population projections, children and young adults, many of whom are the children of immigrants, are currently much more diverse than older adults.

Fast-forward to 2050. Today’s older generations will have died. The more diverse younger generations will have grown up and had their own diverse children and grandchildren.

The seeds for future gains in diversity have already been planted.

Fear and distrust

Many Americans respond to these changes with fear and distrust. Some whites have an aversion to living near people of color. A small number of no-majority places and other highly diverse municipalities and neighborhoods like the Chicago suburb of Calumet Park and the Los
Angeles suburbs of Lynwood and Monterey Park have already become more homogeneous, as one minority group has grown and whites have moved away. These places are exceptions to the trend of growing diversity, but other communities may follow suit. Some people want to “turn back the clock” by limiting immigration, a sentiment Donald Trump tapped into during his presidential campaign.

Trump described black and Hispanic communities as impoverished, dangerous inner-city neighborhoods. This was an exaggeration, but it may have stoked rural white voters’ fears of racial-ethnic diversity.

Although all-minority communities are often disadvantaged, communities with high levels of diversity with a mixture of racial and ethnic groups do not fit Trump’s image. Highly diverse communities are more common in coastal states and across the South. They have larger populations and a critical mass of foreign-born inhabitants, both of which contribute to their reputation as comfort zones for minorities and immigrants.

Diverse communities also tend to offer attractive housing and labor market opportunities, including an abundant rental stock, higher median income and a job opportunities in a variety of occupations. Some are also hubs for government or military jobs. Overall, the evidence suggests that highly diverse communities are good places to live, and often support industries that employ immigrants, and racial and ethnic minorities.

Throughout history, notions of who belongs in American society have expanded again and again to incorporate new groups. History could repeat itself for today’s immigrants if they are given a fair chance. Many people fear immigrants and the social burdens they seem to bring with them, including poverty, limited education and low English proficiency. But this overlooks the many contributions immigrants make, and the fact that immigrants’ socioeconomic disadvantages will almost certainly diminish if they are given equal opportunities in U.S. schools and workplaces.

Jennifer Van Hook is a Liberal Arts Research Professor of Sociology and Demography at Penn State and Barrett Lee is a Professor of Sociology and Demography at Penn State. This article was originally published on The Conversation. Read the original article. Professor Van Hook was recently interviewed on NPR’s “All Things Considered” about breaking down the nearly 11 million unauthorized immigrants in the U.S. Listen and read more here.

Skip to toolbar