Migrant Justice Platform
Migrant Justice Platform
Migrant Justice Platform
JUSTICE
PLATFORM
FOR AC T I O N ON IM M IGRATIO N
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In June of 2019, a Blue Ribbon Commission comprised
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About the Migrant Justice Platform
BLUERIBBONCOMMISSION.COM
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TAB L E O F CO N TEN TS
FUNDAMENTAL TRUTHS:
OUR APPROACH TO THIS WORK AND BLUEPRINT | 8
What does immigration and workplace enforcement mean for a country of many
What does it mean that migration is a global human rights issue, and what does it
CONCLUSION:
WHERE DO WE GO FROM HERE? | 32
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A VISION TOWARDS JUSTICE
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A V I S I O N TOWA R DS J U ST IC E
There always has been and always will be migration, within national boundaries,
and across national borders. People migrate for a myriad of reasons, often by choice,
but more often outside of any individuals’ control. The question is how, as a global
We know what we must defeat. We know what is unacceptable, unlawful, and immoral:
from seeking asylum; to militarize law enforcement and grant police extra-legal
But our vision must see beyond what is wrong. We must imagine policies that
celebrate, defend, and encourage the experiences and nationalities of those who
already exist in the United States. Policies that build the social and public institutions
to uphold the principles of equality and pluralism. Policies that ensure working people
Such a vision would help us see that U.S. labor policy cannot conflict with immigration
policy, but rather that a unifying agenda is one that improves the lives of all working
people, across race, gender, class, and nationality. And more than that, it would finally
acknowledge how immigrant workers have subsidized key sectors of the U.S. economy,
A vision toward justice recognizes our shared planet, climate and histories – whether
you live in the United States or not. And whether you are an immigrant worker in
France, the United States, or Saudi Arabia, you have the same human rights, and the
between two worlds, but as a place of encounter, where two worlds meet, trade,
interact, and embrace one another. It is a vision free of U.S. interventions, arms-
Now is the time in history for a policy reset – a deliberate and thoughtful change of
course for U.S. policy on immigration, one rooted in the communities already living and
working across the United States, grounded in the principles of solidarity and self-
class, religion, gender, gender identity, sexual orientation, disability, HIV/AIDS, national
social and public institutions that safeguard these principles, bring us together, and
building this vision of migrant justice. We must learn to co-exist and thrive together,
there is no other path. If you do not see it yet, it is because our job is to build the
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FUNDAMENTAL TRUTHS
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FUNDA M E N TA L T R U T H S
Donald Trump has bluntly made the case that protecting immigrant or refugees’ rights
implies taking from others. But the notion that advancing the civil rights of some
requires taking from others has been made for decades. In an effort to bring the GOP to
the negotiating table, President Obama through policy and rhetoric lent credibility to a
pernicious narrative that there are “good immigrants” and bad ones, targeting “felons,
not families.” But after 5 million criminalizing deportations in less than 10 years, it should
be clear that we cannot deport our way to the negotiating table in Congress. 9
Starting now, we cannot make this same mistake. Recent arrivals, individuals with prior
convictions, Black and Brown immigrants, and border communities, at some time, have
all been characterized as the expendable or “undeserving.” Going forward, our starting
point must be the recognition of humanity in every individual; the guarantee of human
rights and due process for all, with no carve outs or exceptions. We cannot compromise
a peoples’ humanity and we do not turn our backs on our family members, friends, and
Donald Trump has gone far beyond advancing nativist rhetoric. Utilizing the power
and reach of the White House and Executive branch of the U.S. Government, he has
of color for hundreds of years in this country. The Trump administration itself has
committed and incited violence - carried out by state and non-state actors, that has
transitional justice: to understand the full extent of family separation policies, reaffirm
truths, reunite families and communities, recognize the trauma inflicted by previous
administration and their long-lasting effects, and reconcile our laws and policies with
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3. Migrant workers subsidize the global economy.
That’s not up for debate.
Immigrants did not structure the U.S. economy, or how capital flows across borders.
Neither did north African migrants in Paris, the Oaxacan workers in North Carolina, or
the South Asian workers in Saudia Arabia. Yet, the labor of immigrants is an integral
part of the world economy. We are already a part of it. Not just a little. Major U.S.
industries depend on and thrive with immigrant workers from around the world.
Now is the time that the United States - both its people and institutions - publicly
acknowledge the realities in these industries and respect the humanity of all workers.
If a country benefits from immigrant labor, that country has a moral obligation to
recognize and co-exist with migrants as human beings, with full equality and civic
participation.
awakened, and awakened others, to the reality that our survival is inter-connected.
Migrants know this and have lived it in very personal ways. Especially because our
histories are often rooted in indigenous, rural, and migrating peoples who grew with
their lands, who often fought to keep that land, and just as often lost that land and had
to migrate elsewhere.
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Our histories are shared - be they colonial, imperial, or interventionist histories. And
modern as the world may seem, it’s still the one we read about in history books - with
nuclear powers throwing their weight around, former colonies dealing with unfair trade
and foreign debt, and powerful companies willing to profit in human misery.
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AREAS OF FOCUS & REMEDIES
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EQUAL I T Y AN D IN C LU S ION AT H OME
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DIAGNOSIS For those communities targeted by Donald Trump and his
administration, the white supremacist worldview behind his immigration agenda was
clear even before the shooter in El Paso included it in his manifesto. With the full
weight of the Executive Branch, the complicity of Congress, and complicit media,
Mexican, Jewish, and other communities. President Trump did not invent the violence,
But the president is not alone, the Executive Branch of the federal government has
individuals of legal status, including DACA, TPS, and DED beneficiaries and various visa
holders and applicants, and even stripping U.S. citizenship from naturalized citizens, all
President Trump has built on three decades of efforts by anti-immigrant hate groups,
facilitated by both political parties, to criminalize the act of migrating and of working,
making working people more vulnerable to exploitation, and utilizing local law
these actions serve to exacerbate an already unjust system for migrant workers
across industries nationwide, undermining workplace protections for all workers, and
despicable abuses.
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KEY TAKEAWAY The next administration must take immediate actions such as
Order for immigrant workers, ending immigrant detention, and dismantling the most
Remedies
SECTION A:
ADMINISTRATIVE ACTION NECESSARY TO UNDO THE HARM
1. Implement a Moratorium to
c) establish end dates for federal contracts with municipalities and private
e) establish a process, to the fullest extent permissible under the law, to release
ones.
status and work authorization (through parole (212F) or other means) to all
within the White House, DHS, USCIS, U.S. Customs and Border Protection
(CBP) and ICE leadership; and (b) initiate the dismantling of the DHS agencies
enforcement, terminating all agreements that tap local and state resources
(including 287(g), WSO, BOA, and IGSA) and shut off the CAP and Secure
Communities deportation dragnet, ending the mining of local and state databases
and “click and arrest” enforcement tactics; simultaneously, review eligibility of law
enforcement funds for states with laws that encourage racist profiling and unlawful
5. Establish an Access to Justice order to (a) ensure legal representation for all
immigrants; (b) rescind BIA decisions by any Trump Attorney General with ties
to hate groups or with demonstrated contempt for the rule of law; and (c) re-
establish an effective firewall between USCIS and any DHS enforcement agency.
without trial; to implement that rule: (a) announce a moratorium on all removal
detention everyone who: i) is held under discretionary detention authority (ie held
under 1226(a) or 1231(a)(6) for a bond that they cannot afford; ii) is eligible for
parole (ie held under 1225(b) after having passed a credible fear interview); or c)
has a substantial defense to the charges of removal or is eligible for any relief from
removal).
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6. Implement a Workplace Relief order to establish (a) comprehensive enforcement
unions, workers’ centers, and groups with deep experience with immigrant and
actions by the USDOL, EEOC, and NLRB; (c) effective firewalls between labor
including updating the INS Operating Instruction 287.4a that prohibits immigration
and border enforcement in collective worker action and labor disputes; and
(d) allowing working people to self-petition for temporary status and work
designating workplaces, sectors and supply chains that currently trap workers in
vulnerability).
SECTION B:
CONGRESSIONAL ACTION TO REPAIR THE DAMAGE
workplace rights across the United States - wage and hour enforcement, better
workplace protections for everyone in this country, and improved labor relations.
2. Re-establish and modernize the avenues for individuals to regularize their status: (a)
options for Central Americans using NACARA’s framework; (c) reserve and
strengthen family reunification laws; and (d) increase the NVC visa cap.
3. Decriminalize working: Reaffirm the rights of all workers by (a) repealing the 1996
law that criminalized working without status (Sec. 1324(a) of IRCA) and adopting
a legislative fix to the Hoffman Plastics case to restore equality and the full right to
organize and reinstatement for immigrant workers; (b) enacting the POWER Act,
4. End programs using future workers as a wedge against current workers (utilized
allow future workers to enter and work with full rights and dignity, including
both their home countries and the countries where they work.
amending the statute for T/U visas to remove government certification and
6. Support the New Way Forward bill, which will rescind the 1996 Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA). IIRIRA was, signed into law
individuals with green cards and individuals who are undocumented for a long list
of criminal offenses, even if the offenses occurred decades prior or the individual
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has rehabilitated and has loved ones in the U.S. The 1996 law also dramatically
and ramped up criminal penalties for violations of immigration law. Repealing this
law would end expedited removal and the mandatory imprisonment of asylum
seekers. The Trump administration has taken full advantage of IIRIRA to separate
immigrant parents from their children at the border, and to inflict round after
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BU I L D BRI DG E S, N OT WA LLS
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DIAGNOSIS Today, the Trump administration has made the border a symbol of hatred
and a monument to his racist agenda. Even as thousands of children have been forcibly
separated from their parents, and parents from their babies. Thousands of families
traumatized, thousands still separated, and numerous lives lost because of a callous
and unlawful refusal to accept refugee and migrant families, and refusal to provide
due processing for asylum-seekers at the border, now exacerbated with over 50,000
people forced to stay in dangerous conditions in Mexico, under the new “Remain in
For decades, the border has been used as a catch-all for both political parties to
advance their political agenda, not the needs of border communities - or those seeking
border communities are consistently utilized as bargaining chips. Even when there
is no progress on other pieces of legislation, the border becomes more and more
The status quo at the border is the criminalization of immigrants and militarization
of the border region. As border communities see on a daily basis, CBP functions as a
stop prosecuting entry and re-entry, de-militarize the border and rescind the national
required by international law, ending MPP, and establishing Welcoming Centers with
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appropriate staff.
Remedies
SECTION A:
IMMEDIATE ACTION NECESSARY TO UNDO THE HARM
Withdrawing national guard; (b) withdrawing active duty military; and (c)
include:
b) national field hearings to expose and document the impacts of white supremacy
and its connections to the Trump administration’s border policies, document the
full impact of Trump administration practices have had on immigrant and refugee
border regions with robust economies around the world and what can be
learned;
and asylum seekers and put in place measures to bring the U.S. into compliance
with our humanitarian obligations and to mitigate the harms caused by these
failures;
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e) mandate public reporting on migrant deaths in detention and field/border
operations; and
all third party safe country agreements, including those recently announced with
El Salvador and Honduras, and undo Trump’s executive orders and directives
related to the refugee and asylum process: (a) close the hieleras and perreras
(the temporary holding cages); (b) end MPP (remain in Mexico); (c) end the Zero
Tolerance Policy; (d) end Metering; (e) end the Muslim Ban; (f) limit Immigration
Judges’ Discretion; (g) end expedited removal; (h) end catch and release; and (i)
4. Build Welcoming Centers at Ports of Entry with trained staff who possess
Site, a memorial for all immigrants who died in ICE custody and while trying to
cross to the U.S. during the Trump administration, as a reminder of our national
5. Ensure due process and procedural fairness for refugees and asylum-seekers
them to wait in the U.S. while their application is pending; (b) allowing refugee
applicants to file the I-590 from any U.S. consulate; (c) raise the number of refugee
admissions up to and beyond previous levels; (d) hire and place the necessary
elected officials and press at all immigration courts, detention centers, and places
of custody.
Also direct U.S. Department of Justice attorneys to settle pending civil rights
lawsuits in a way that binds actors and allows court oversight. Reinstate BIA
for victims of domestic violence; and (b) asylum eligibility for victims of gang
related violence.
SECTION B:
CONGRESSIONAL ACTION TO REPAIR THE DAMAGE
CBP, with a humanitarian and social service mission. Use appropriations to change
of failed enforcement policy and militarization, made even more extreme and
harmful under the Trump administration. Such a bill should include accountability
and oversight, such as applying the 4th and 6th Amendments to ports of entry.
repealing Sec. 1325 (criminal charge for entry), Sec. 1326 (criminal charge for re-
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entry), and Sec 212(a)9 (bars) of the INA (discussed in the NEW WAY FORWARD
bill above).
group under U.S. asylum law; and (b) create a humanitarian or family-based
immigration category of relief for separated family members who did not qualify
for relief under the asylum laws, (c) expand opportunities and avenues for family
reunification.
Additional legislative items, (a) add gender as a cognizable particular social group
under U.S. asylum law; and (b) create a humanitarian or family-based immigration
category of relief for separated family members who did not qualify for relief under the
asylum laws.
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WE ARE HERE BECAUSE YOU WERE THERE
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DIAGNOSIS In the United States, we often view immigration as a domestic policy
issue. However a view at other regions of the world would make clear that government
responses to migration today are creating a global human rights crisis. With
populations from North Africa in Italy and Spain, from Southeast Asia in the Middle
East, and from Central American across the United States, migration is not the fault of
Global migration will only increase with climate change. And the international
community of nations has shown little leadership to address the issue on a global
scale.
The United States has had an important role in establishing the status quo. In just one
instance, the role of the U.S. in creating instability in Honduras is important to review.
From funding the civil wars across Central America, to enabling the trafficking of
military-grade weapons to flow southbound, to the very recent coup in Honduras and
insertion of a government that waged an all-out war on its own population. It’s clear
there were many causes for the large-scale exodus from Honduras in recent years. U.S.
responsibilities regarding human and labor rights: from ensuring trade agreements that
benefit U.S. companies at the expense of rural communities abroad, or through the
temporary work programs that put workers in precarious situations with employers.
The example of U.S. foreign policy toward Mexico, Central America, and the Caribbean,
and free trade agreements is notable. The US, through NAFTA, now being advanced
as the USMCA, set strong standards for investment and intellectual property rights to
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protect US businesses investing in Mexico, while relegating worker and environmental
Within this context, the Trump administration represents the worst, and most
ancient traditions, exploit families vulnerabilities, to profit from human misery. From
his actions to remove the U.S. from the Iran and the Paris Agreements, literally putting
the globe at risk, to his actions to extort concessions from Central American countries
to intercept refugees headed to the US. To be clear, a country with mass graves of
KEY TAKEAWAY The next administration must take immediate actions such as
include the end of “Deportation Diplomacy,”and guarantees for due process and
permanent residency for asylum-seekers, and all TPS and DED beneficiaries.
Remedies
SECTION A:
IMMEDIATE ACTION NECESSARY TO UNDO THE HARM
create programs that enable workers to migrate or not migrate and emphasize
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decent work in home countries. A plan must include (a) collaboration to advance
the human and labor rights of migrants to the United States, and Central
home countries and the United States for workers to exercise Transnational
Labor Citizenship; (c) reinstate and expand the agency guidance and strategic
enforcement of the joint liability provisions under the Fair Labor Standards act
to hold accountable the U.S. employers for the abuses of its recruiters in another
jurisdiction; and (d) set new executive policy with high standards for labor that
3. We must recognize that climate migration exists, give refugee status to those
affected by it, and re-enter the Paris agreement so people around the world are
4. Protect global human rights by (a) rejoining the United Nations Human Rights
Council and re-join other countries at the UN Global Compact Refugees and the
UN Global Compact on Safe and Orderly Migration to advocate for a human and
labor rights based framework on migration; (b) withdrawing from plan Merida. We
El Salvador.
6. Re-designate and extend Temporary Protected Status (TPS) for all countries to
which it had been denied during the Trump administration, including Honduras, El
Salvador, Nicaragua, Haiti, Sudan, and Nepal, Guatemala, Venezuela, the Bahamas,
Yemen, Somalia, and Syria; reinstate the Central American Minors Refugee
program; all up to and until resolving a permanent residency for all 13 TPS and
DED countries.
SECTION B:
CONGRESSIONAL ACTION TO REPAIR THE DAMAGE
1. We must enact New Migration Pathways between the U.S. and countries in the
region that avoid the well-known exploitation of existing foreign temporary worker
2. We must recognize that some workers may want to fill jobs that are temporary,
like in agriculture, and return to their home country every season. Some may
want to stay. The law should provide a mechanism that allows for those options,
and guarantees workers full rights. Policy shouldn’t be driven by the desires
from the process, and employers should be legally responsible for workers’
transportation and other costs related to the labor from which the employers
profit.
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CONCLUSION
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W H ERE DO W E G O F R OM H ER E?
There are no givens. Donald Trump’s “election” in 2016 caught millions of people off
guard (in the U.S. and abroad). It was both a wakeup call about the white supremacist
backlash post-Obama and a jolt of urgency for too many who were content assuming
others would ward off the forces of hate, greed, and fear. It’s clear now, that’s not the
case.
It was never a given that communities would fight back, that individuals would storm
the airports to defend refugees, that border activists would face jail time to provide
water to people in the desert, that jewish communities would use their bodies to block
how much our political representatives have not done, and how much they can still
do. The federal government has the authority and capacity to do everything in this
document, and much more. But nothing is a given, unless we make it happen.
Like Greta Thunberg said recently, the social, political and cultural force that can turn
this ship around may not exist just yet. The seeds to change course are everywhere,
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