US blocked from deporting undocumented immigrants from Asia

Some immigrants from Asia have already been deported to Central American countries.

Immigrants from Asia were saved from being deported to Libya by a federal judge eaerlier this week. They were on the tarmac in Texas  waiting for the flight to Libya when they received the judge's order.

US District Judge Briaan Murphy on May 7 said the deportation of the noncitizen immigrants from the Philippines, Vietnam and Laos would violate his earlier ruling that people have the right to challenge their removal by US authorities.

Tin Thanh Nguyen, told the news agency Reuters that his client, a Vietnamese construction worker from Los Angeles, was among the immigrants woken in the early morning hours and bussed from an immigration detention center in Pearsall, Texas, to an airfield where a military aircraft awaited them.

After several hours, they were bussed back to the detention center around noon, the attorney said on Thursday.

Murphy's ruling was in response to an emergency motion by the Asian immigrants' lawyers who claimed their clients were in "imminent" danger of being deported to Libya -- "a country notorious for its human rights violations."

Sending the would-be deportees to Libya or Saudi Arabia without giving them a chance to raise concerns about their safety "blatantly defies this Court's preliminary injunctions," lawyers representing the migrants argued in an emergency motion filed in federal court in Boston, where Murphy last month issued a preliminary injunction barring the Trump administration from deporting noncitizens to any country other than their place of origin without due process.

“The allegedly imminent removals, as reported by news agencies,” the judge said, “would clearly violate this Court’s Order.”

“The Department of Homeland Security may not evade this injunction by ceding control over non-citizens or the enforcement of its immigration responsibilities to any other agency, including but not limited to the Department of Defence,” Murphy added.

Since the illegal deportations of alleged Venezuelan gang members to El Salvador, US judges have blocked further deportations under the 1798 Alien Enemies Act, which was last used to incarcerate Japanese American citizens during World War II.

Libya, meanwhile, denied that it has agreed to received deportees from the United States. Libya has been locked in a civil war since strongman Omar Ghadafi was killed 11 years ago.

The Libyan government, "categorically denies the existence of any agreement or coordination with it regarding the reception of any migrants deported from the United States,” the party in power said.

The plan to deport would-be deportees to Libya was first reported by Reuters. 

US Secretary of State Marco Rubio last week hinted that Washington was looking to expand the number of countries where it may deport people beyond El Salvador.

“The further away from America, the better,” Rubio said at a cabinet meeting at the White House last Wednesday.

Abuses against detained migrants in in Libya have been widely documented, with UN investigators saying they had evidence of possible crimes against humanity, including accounts of murder, torture, enslavement, extrajudicial killings and rape.

The Trump administration had deported 152,000 people as of May 5, according to Department of Homeland Security.

Dawn raids and the threat of being arrested at work , school or during a regularly scheduled check-in with ICE, have spread fear and uncertainty among people across the US, including more than 1.3 million people from Asia, amid Trump's crackdown against immigrants without documentatin.

Nguyen said his client, whose name he wouldn't reveal, said his client was told: ‘We’re deporting you to Libya,’ even though he hadn’t signed the form, he didn’t know what the form was,” according to Reuters.

Nguyen told the news agency his client, originally from Vietnam, has lived in the US since the 1990s but was complying with the law by checking wi with the government when he was detained by US Immigration and Customs Enforcement (Ice) earlier this year.

"Many people are now afraid to go to work, visit their places of worship, attend school, or even seek medical care out of fear of encountering immigration enforcement," said Martin Kim, immigration advocacy director for the Washington-based civil rights group Asian Americans Advancing Justice — AAJC.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow me on Threads, on X or at the blog Views From the Edge.

One-in-Six Asian American voters in 2022 reported feeling threatened when casting their ballots

Asian American, Native Hawaiian and Pacific Islander voters are finally getting the attention they've wanted but they're not always getting the attention need.

Instead of receiving more information from the major political parties, AANHPI voters have been deluged with a garbage can full of disinformation.

Instead of getting praise for their increased political involvement, AANHPI voters are receiving threats and facing roadblocks to casting their ballots.

The 2022 National Poll of Asian American Non-Voters and Voters released May 30 found that one-in-six Asian American voters described feeling threatened when they went to the polls in 2022, though most Asian American voters generally found the voting process easy. When asked, non-voters reported that better candidates and more information on candidates might entice them to vote in future elections.

RELATED: Most AANHPI voters are Democrats, except Vietnamese

“Asian Americans are the fastest growing electorate in the United States with more than 8.4 million who are registered to vote,” said Terry Ao Minnis, Senior Director of Census and Voting Programs at Advancing Justice – AAJC. 

“This survey represents a unique study of Asian Americans’ experiences with voting and insight into why approximately 5.2 million Asian Americans have yet to register to vote.”

The 2022 National Poll of Asian American Non-Voters and Voters was conducted by BSP Research in the weeks following the 2022 midterm elections. The survey interviewed 2,100 Asian American voters and 700 non-voters about their views and experiences during the election.

“More than one-in-two voters reported encountering what they thought to be election-related misinformation at least 'somewhat often',” said Taeku Lee, lead researcher. 

“This suggests that more research is needed to understand the relationship between misinformation and voters' experiences. Moreover, additional research should examine whether this relationship holds true across subgroups and for specific demographics (like Limited English Proficient Asian Americans).”

Key findings from Asian American non-voters:

• Non-voters were also confident that every ballot was counted in their state, but less so than voters. They were also less confident and trusting in election news coverage. Additional research could help to determine the extent of non-voters’ confidence and the motivations behind their concerns. 

• Like voters, non-voters relied on a variety of mainstream and social media sources for their news. They also generally trust their news sources, although less so than voters. Like voters, a majority reported encountering what they thought was misinformation in the 2022 elections. Those who were registered to vote but did not turnout were much likelier to 2 encounter what they believed to be made-up stories than non-voters who were not registered to vote.

• Non-voters were less likely to be contacted about the election, especially from campaigns and parties. 

• Non-voters stated that keys to their turnout next time were better information on the candidates and better candidates.

Key findings of Asian American voters:

• Asian Americans who voted in 2022 overwhelmingly felt confident that votes were properly counted, believed that the elections were well run, and reported that voting was easy. However, more research is needed to know which groups found voting easy and whether this was true across the board. For example, did certain subgroups—such as LEP Asian Americans—find voting more difficult? Or did they find it easy once they were able to understand the process? 

• Voters relied on a variety of sources for election news; more than two-thirds cited mainstream media and one-in-two cited social media sources. About 80% of voters trusted the news sources they relied on at least “a fair amount.” 

• More than one-in-two voters reported encountering what they thought to be election related misinformation at least “somewhat often.” Perceived misinformation concerning the voting process itself occurred in one-in-five cases. 

• Voters reported encountering stories that warned about threats of violence or rioting on Election Day in one-in-five cases. 

• Two-in-three Asian Americans chose to vote absentee or early. 

• The most common reasons cited for voting absentee or early were long lines and limited hours on Election Day, COVID concerns, scheduling conflicts, and the convenience of absentee or early voting. 

• One-in-six Asian American voters in 2022 reported feeling threatened while voting. 

• Voting assistance was widely used but not always available. One-in-two voters said in language assistance was available and two-in-five used that assistance. 

• Two-in-five voters were contacted by parties and campaigns and one-in-four were contacted by non-partisan community-based organizations. 

FYI: Read the full survey report here.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

Over 40 AANHPI community groups staging an historic Unity March, June 25

The AANHPI communities have been staging ad hoc marches for the last two years. 

Some of the United State's best known nonprofit organizations serving the diverse Asian American, South Asian, Southeast Asian, Native Hawaiian and Pacific Islander communities are putting aside cultural, linguistic and geographic differences in a demonstration of unity. 

The first-ever Unity March will take place on June 25, 2022, at the National Mall in Washington, D.C., in the shadow of the Washington Monument and in view of the White House  

“The goal is to galvanize Asian Americans and allies across multiple issues, and educate folks about the issues that our communities face — not only as Asian Americans but as people of color, as LGBTQ folks, as folks with disabilities,” Tiffany Chang, a Unity March spokesperson. told NBC.

“Asian American communities have been disproportionately plagued by widespread violence, racism and xenophobia that runs rampant across American society,” she said.  “It’s time for our nation’s leaders to stop offering band-aid solutions to longstanding systemic issues by advancing adequate, sustainable policies that drive long-term positive impact for our communities.” 

R&B/Pop artist Thuy, award-winning producer and trans rights advocate Geena Rocero, Pulitzer Prize-winning journalist Jose Antonio Vargas, civil rights activist Rev. Al Sharpton, and NYC-based hate crime survivor Esther Lee are among the speakers who will join more than 40 nonprofits—including Asian American Advancing Justice – AAJC, Gold House, Asian and Pacific Islander American Vote, Sikh American Legal Defense and Education Fund—in urging AAPI communities and their allies to advance the Unity March Equity Platform. 

“It’s an honor for me to be able to be a part of this momentous event. Thank you to the organizers for bringing together our community. I’m so proud to be Vietnamese American and to come from immigrant parents who have taught me to be resilient and to use my voice to advocate for what’s right and what I’m passionate about,” said Thuy, R&B/Pop artist.

“I am a very proud transgender Filipina," added said Geena Rocero, award-winning producer, trans rights activist and model. "I find my power rooted in the resilience of my ancestors and my lived experience. It is a huge honor to be in community – to be with family – for this historic Unity March.” 

The Unity March is the first call to action to fight against systemic oppression and the systems that stand in the way of full participation by all, states a press release. 

"We march because we believe every single person in the country must have a voice in our local, state, and federal governments. And, that a fair society and economy values and protects workers, asserting all workers’ rights to dignity and security regardless of industry, citizenship, and/or employment status. We exist to tell our own diverse and authentic stories and disrupt harmful narratives," the statement continued.

The Equity Platform put forth by March organizers serves as a critical stepping stone to ensuring equitable representation and rights for all. 

Unity March, and multicultural partners representing the intersection of Asian American,  LGBTQ+, Muslim, disability communities, Black, Indigenous, Pacific Islander, Latinx, and Arab communities, will be uniting to demand progress toward achieving its Equity Platform, which calls for:

• Full Participation in Democracy, meaning a pathway to citizenship for undocumented members and long-term visa holders, access to voting and civic power for traditionally disenfranchised citizens, especially people of color and historically under-resourced communities.
• ‍Racial and Economic Justice, including holding the public and private sectors accountable for investing in workers’ rights and providing equal access to financial empowerment for small businesses, entrepreneurs of color, and women.
• ‍Cultural Equity and Media Representation, that promotes more diverse, authentic narratives and fights harmful stereotypes so we can create culturally dynamic, equitable and inclusive schools, workplaces, and neighborhoods. 

The United March Host Committee Members are:

• Asian American Advancing Justice – AAJC (Advancing Justice – AAJC)
• Asian and Pacific Islander American Vote (APIAVote)
• Gold House
• Indian American Impact Project
• National Council of Asian Pacific Americans (NCAPA)
• OCA – Asian Pacific American Advocates
• Sikh American Legal Defense and Education Fund (SALDEF)

For more information:

WHO: For a full list of Unity March Organization Partners, visit www.UnityMarch.com.

WHAT: The Unity March will be held on June 25, 2022, 

WHEN: The March will start at 12 p.m. ET 

WHERE: The National Mall in Washington, D.C. between 4th Street and 7th Street.

Acknowledging that the event iss being held in unprecedented times, Unity March organizations have implemented Covid-19 guidelines.

“The truth is, when we are not safe, we cannot advance towards the promise of a more perfect union, where racial and economic justice, cultural equity, and full participation in democracy is possible,” said Christine Chen, Executive Director at APIAVote, “The Unity March will push for change that allows all people equitable access to these opportunities to thrive.”

EDITOR'S NOTE: In keeping with Edge guidelines of calling people what they call themselves, in this article, we use the genderless "x" in place of the gender-specific "o" or "a" in naming some communities. For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

Asian American groups condemn harsh treatment of Haitian refugees

SCREEN CAPTURE

U.S. border agents rounding up Haitian refugees evoked images of capturing slaves.

The harsh treatment of Haitian refugees has Asian American immigration advocates wondering what happened to the humane immigration policies promised by President Biden during his 2020 presidential campaign.

The 15,000 Haitians living under a bridge in Del Rio, Texas, have resulted in one of the swiftest, large-scale expulsions of migrants and refugees from the United States in decades.

Disturbing images of Border Patrol agents on horseback blocking the migrants using reins to push them back towards the Rio Grande evoking images of slavery and caused Asian American immigration advocates to protest the treatment of the Haitians.

“It’s not enough to say that the images coming out of Texas are outrageous and cruel,” said OCA-Asian Pacific American Advocates’ National President Linda Ng. “They also send a damaging message to the world that the United States will close its doors to asylum seekers instead of treating vulnerable families with dignity. The horrific mistreatment of Haitian migrants by Customs and Border Protection (CBP) agents represents a monumental failure that must be urgently investigated by DHS’s inspector general and Congress.”

Asian Americans Advancing Justice - AAJC issued the following statement:

“The mistreatment from the U.S. Border Patrol of Haitian migrants at the U.S.-Mexico border is reprehensible and grounded in white supremacy. These horrific actions are counter to our purported values of welcoming migrants with dignity.

"We condemn the unconscionable deportations of Haitian families without offering them the opportunity to file for asylum," the statement continuted. "Our country recognizes the rights of people to seek asylum or refugee status, and we must return to these fundamental American values. 

"Haitian children and families are dealing with multiple crises, from natural disasters and the ongoing pandemic to civil unrest. Haitian migrants are refugees and deserve better. Instead of abuse at the border, Haitians must be offered basic humanitarian aid of safe shelter, water, food, and health care.

"We urge the Biden Administration to act on their promises for a more humane system for asylum seekers and put an end to these deportations and violence at the border.

Central Americans have also crossed the border in large numbers but they were not subject to mass expulsion, nor as quick.

Some of the migrants at the Del Rio camp told journalists that the recent devastating earthquake in Haiti and the assassination of President Jovenel Moise make them afraid to return to a country that seems more unstable than when they left.

“In Haiti, there is no security,” said Fabricio Jean, a 38-year-old Haitian who arrived in Texas with his wife and two daughters. “The country is in a political crisis.”

While the use of horses has been temporarily suspended. DHS said they were investigating potential misconduct and announced on Thursday.  An official said the agency is aiming to wrap up the investigation by the end of the week.

"What I saw depicted about those individuals on horseback, treating human beings the way they were, is horrible," said Vice President Kamala Harris. She told reporters that she supports the investigation.

However, Biden has been silent on the situation but the issue. Immigration has apparently split his advisors: Some say Biden should implement his more humane policies as it pertains to immigration. However, other advisors believe a more compassionate immigration policy will open him up to being soft at the U.S. border.

Biden's special envoy to Haiti quit in protest because of the treatment of the Haitians. "I will not be associated with the United States inhumane, counterproductive decision to deport thousands of Haitian refugees," wrote Daniel Foote, tin his resignation letter. 

EDITOR’S NOTE: For additional commentary, tip and references, follow me on Twitter @dioknoed.

DOJ drops suit vs. Yale as government reverse's Trump position on affirmative action

Yale University

In another reversal of Trump-era divide-and-conquer policy, last week the Biden administration dropped the Justice Department's discrimination lawsuit against Yale University that alleged the Ivy League school was discriminating against Asian American and white student applicants.

However, in announcing its action Dec. 3, federal prosecutors said the Justice Department’s underlying investigation, aimed at ensuring Yale complies with federal anti-discrimination laws, continues.

DOJ attorneys in the Trump administration accused Yale in October of violating civil rights laws because it “discriminates based on race and national origin in its undergraduate admissions process," and that race is the key factor in deciding who gains admission to the Ivy League school.

The DOJ investigation is based on a 2016 complaint by the New Jersey-based Asian American Coalition for Education coalition against Yale, Brown and Dartmouth. The AACE claimed that Asian American applicants, mainly Chinese, were being denied admissions make room for students who were supposedly less qualified.

“We believed this lawsuit did not have merit from the very beginning," said Niyati Shah, Asian Americans Advancing Justice – AAJC’s director of litigation and co-counsel with Asian Americans Advancing Justice – Los Angeles.

"The Justice Department’s decision today affirmed that this lawsuit was clearly about playing politics for the purpose of dismantling affirmative action, which benefits so many students of color. Statistics prove that Asian Americans overwhelmingly support affirmative action and understand that race-conscious admissions are necessary for educational equity and diversity in higher education.”

In its defense, Yale said its admission practices comply with rulings from the U.S. Supreme Court. Race was only one determinant in looking at “the whole person” when deciding which applicants to admit.

A DOJ statement said that the department is dropping the suit “in light of all available facts, circumstances, and legal developments” but didn’t specify further. The government also notified Yale that it had withdrawn its determination letter that alleged that the university discriminated based on race and national origin.

Yale was gratified and pleased by those two developments, spokesperson Karen Peart said.

The challengers, supported and encouraged by white activists of the Students for Fair Admissions, have lost at each round in the lower courts, but their appeal is expected in the coming weeks at the U.S. Supreme Court, where a conservative majority may well be more receptive.

A similar case filed by anti-affirmative action activist Edward Blum who leads the Students for Fair Admissions, against Harvard University is awaiting a Supreme Court ruling.

“The challenge to race-based affirmative action in higher education will continue regardless of any change in the Department of Justice,” said Edward Blum, the president of Students for Fair Admissions, which filed the lawsuit against Harvard.

“It’s great to see that America again has a Justice Department that is back in the business of fulfilling its mission of advancing equal educational opportunity and promoting racial diversity," said David Hinojosa, director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law.

"America’s communities of color are filled with highly talented individuals, and affirmative action programs help ensure they are not overlooked when applying to selective institutions of higher education,"