Wednesday, January 12

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As we previewed, the Supreme Court heard oral arguments Tuesday in two cases that have implications for thousands of detained immigrants. At issue is whether immigrants in jail for extended periods of time have rights to a bail hearing, reports Adam Liptak of The New York Times.

"Given the history of this nation and Britain, where you’re going to detain a person, not even a criminal, you know, for months and months and months, why aren’t they at least entitled to a bail hearing?" Justice Stephen G. Breyer asked. "That’s all that’s at issue."

Government lawyer Curtis E. Gannon replied that "detention during removal proceedings is constitutionally permissible" and that rules for noncitizens can differ from those for citizens.

Welcome to Wednesday’s edition of Noorani’s Notes. If you have a story to share from your own community, please send it to me at [email protected].

REFUGEE DATA — The government has released new monthly refugee data showing that the U.S. resettled only 1,227 refugees in December, a decline from 1,639 in November. We’re on pace to resettle barely 10% of the 125,000 cap this fiscal year, as my colleague Danilo Zak notes (see my thread on the data here). Also worth noting: The U.S. granted just 310 Special Immigrant Visas in December, far below the peaks of more than 3,000 a month during the evacuation — and an impetus for an Afghan Adjustment Act from Congress. As Danilo told Fiona Harrigan of Reason, "We need to ask why capacity remains so diminished a year into Biden’s presidency. How can we grow a robust and resilient resettlement system that is able to welcome refugees and respond to urgent humanitarian crises like the Afghan evacuation?"

PENDING APPROVAL — "Alim," a Uyghur Muslim, has been permitted to stay in the U.S. since 2014 while his asylum claim is pending, reports Caroline Simon of Roll Call. Eight years later, he’s still waiting, with his family still in China. He’s one of about 800 Uyghurs stuck in an asylum backlog that numbers in the hundreds of thousands. "His situation highlights the damage a strained asylum system can wreak on individuals fleeing very real harm," Simon writes, noting that a pending claim limits what asylum-seekers can do legally in terms of employment, education and more. "If I got my asylum approval in 2016 — I get my family back here, they will be safe," Alim said. "Right now, we don’t have the chance to get them here."

GREAT REPLACEMENT THEORY — In Baptist News Global, Jeff Brumley picks up on my December podcast conversation about the dangers of the Great Replacement Theory and what we can do to push back against that false narrative. As Alan Cross, a Southern Baptist pastor who has written extensively on the role of the church in race relations, told me, "Anytime you see Christians begin to be coopted into this type of thinking on any level, it’s a distortion of the faith. … If you really read the Bible, there isn’t room for this type of thinking, for racism, xenophobia, fear of the other or ranking people according to race." Brumley also notes that a survey led by University of Chicago researcher Robert Pape identifies the theory as the "key driver" of the insurrectionist movement behind the Jan. 6, 2021, attack on the Capitol.

AFGHAN AID — On Tuesday, the U.S. announced $308 million in additional humanitarian assistance for Afghanistan as the country continues to collapse under Taliban rule, reports Aamer Madhani of Associated Press. With most international aid cut off, institutions such as schools and hospitals are struggling. The new funding will funnel through nongovernmental organizations to help provide Afghans shelter and health care, among other important services. "The international community must do everything it can to prevent a catastrophe in Afghanistan, which would not only compound suffering but would drive further displacement both within the country and throughout the region," UN High Commissioner for Refugees Filippo Grandi said Tuesday, as reported by Edith M. Lederer of the Associated Press.

On the welcome front:

The San Diego Afghan Refugees Aid Group, which helps with resettlement, integration, and job opportunities, held its second donation drive Sunday in anticipation of new Afghan arrivals. (Kate Morrissey, The San Diego Union-Tribune)
Eastbrook Church in Milwaukee, a multi-ethnic evangelical congregation, is welcoming Afghan refugees and other new neighbors. "Yes, have your political ideas," says Dan Ryan, senior director of mission at the church. "But don’t lose sight of the people involved." (Bob Smietana, Religion News Service)
Several faith and business organizations in St. Louis, including Arch Grants, are collaborating on a new initiative to support Afghan refugees facing challenges, including a housing shortage and delays in benefits. (Stephanie Rothman, FOX 2)

POTATO EXPO — The only way to solve the U.S. agriculture labor crisis is for Congress to work in a bipartisan fashion, produce leaders said at the 2022 Potato Expo last week, per Tom Karst of The Packer. Providing legal status to existing farmworkers and expanding the use of the H-2A guest worker program are a good place to start, said Dave Puglia of Western Growers. "The conventional wisdom around most controversial issues, and certainly immigration is one of them, is you can’t pass a bill in an election year," he said. "I’ve never bought that. It’s simply a matter of finding the right people whose interests align at the right time." U.S. Chamber of Commerce CEO Suzanne Clark made her own appeal Tuesday during her State of American Business address, with a call to double legal immigration and protect Dreamers, according to Business Insider’s Grace Dean.

Thanks for reading,

Ali