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Refugee moratorium bill now before the New Hampshire state senate

Posted by Christopher Coen on April 12, 2012

After passing the New Hampshire state house one-year refugee moratorium bill, spearheaded by Manchester Mayor Ted Gatsas, went before a state senate hearing this week. A lawyer with the New Hampshire Department of Health and Human services, which oversees refugee resettlement, testified that the bill directs the department to do a number of things that it has no authority or ability to do. A report at New Hampshire Public Radio has this:

A bill that would allow communities to ask for a one-year moratorium on refugee resettlement has made it to a Senate Committee, but critics of the bill are piling up.

This moratorium bill has traveled a winding road to get to the senate.

The house committee that first heard recommended – almost unanimously – to kill it.

The full house then voted nearly two to one to pass it.

Now that it’s being heard by the senate, it’s drawing fresh opposition…

…several leaders from the refugee community…spoke out against the moratorium bill.

Several others at the hearing – including UNH law professor Buzz Scherr – argued that the bill runs afoul of the constitution in a basic way: it tells people where they can, or can’t, live.

Scherr: and that’s what this legislation does, it isolates a particular group of legal residents, political and economic refugees, new to this country, and says for this one year period you can’t come here.

Other opponents testified the bill as drafted would be impossible to implement.

Jennifer Jones is a lawyer with the New Hampshire Department of Health and Human services, which oversees refugee resettlement.

Jones: it directs the department of health and human services to do a number of things that we have no authority or ability to do… Read more here

Mayor Gatsas testified that the local refugee resettlement agency doesn’t tell his office each time a refugee arrives. The International Institute of New England, however, pointed out that they tell the schools and health department. (I wonder if this means the Institute does not tell the mayor about the total number of refugees resettled each year? I would find that difficult to understand. The group’s national resettlement affiliate, the USCRI, presents a plan each year to the State Department for how many refugees are resettled in each city.) An article at Manchester’s Union Leader newspaper gives both side’s positions – those of the mayor and of William J. Gillett, chairman of the Institute’s board of directors:

…Manchester Mayor Ted Gatsas has long urged a moratorium on the resettlement program, saying the city and the refugees need an opportunity to catch their breath so that refugees can be successful.

He blamed much of the problems on the resettlement agencies, which provide support for up to nine months, but leave most refugees unprepared to obtain jobs and become productive, he said.

Gatsas has met with state and federal resettlement officials, as well as the agencies, but believes most of his efforts to slow down the process have “fallen on deaf ears.”…

…“As mayor, I never know when someone is coming to the city of Manchester,” he said.

But William J. Gillett, chairman of the board of directors for the International Institute of New England, the resettlement agency for Manchester, said…There has been a considerable slowing of the number of refugees resettled in Manchester…“The system works, but it’s not perfect,’ he said…

…Committee member Sen. Nancy Stiles, R-Hampton, asked how much notice the city is given when refugees are sent to Manchester, and Gillett said the health department and school district are notified.

We don’t receive much notice ourselves,” he said, and acknowledged the mayor’s office is not notified as refugees arrive all year long.

Barnes said if the agency and the mayor could get together maybe “some good could come of this.”

Gillett said he has made efforts. Earlier Gatsas said he would continue to reach out to the agency.

Lutheran Social Services also resettles refugees in New Hampshire. Refugees are re-settled in 14 communities throughout the state. University of New Hampshire School of Law professor Albert “Buzz” Scheer told the Senate committee, as he did the House committee, that the bill as proposed is unconstitutional, because it would segregate one class of residents, prevent residents moving from one state to another and cannot supersede federal law that governors the program… Read more here

Although the resettlement agency seems to have made many mistakes, which they have not fully acknowledged, Mayor Gatsas has long shown that he has no intention of compromising. Nevertheless, a state senator wants both sides to just “sit down together”, to work all this out. Either the senator is naive or he wants the public to see that the senate gave each side one last try at reaching compromise. An article at the Concord Monitor newspaper explains:

The chairman of a Senate committee yesterday implored Manchester Mayor Ted Gatsas and a refugee settlement agency to resolve their differences and eliminate the need for a proposed moratorium on new refugees that has already passed the House.

“It seems there has been lack of communication, and that seems to be a burr under some people’s saddle,” said Sen. Jack Barnes, a Raymond Republican. “I’d like to get the burr out from underneath the saddle.”

Barnes said to Gatsas, “Will you please try to reach out one more time to these groups?”

Gatsas said he would…

The Senate Public and Municipal Affairs Committee did not vote on the refugee moratorium bill, which passed the House in March, 190-109. Barnes said he wanted to wait a week to see whether Gatsas and the International Institute of New Hampshire could resolve their differences without legislation… Read more here

Posted in International Institute of NE, International Institute of New Hampshire, legislation, legislation, moratorium / restriction, New Hampshire | Tagged: , , , , , , , | Leave a Comment »

Acting Assistant Secretary Robinson Says TN’s New Refugee Law Already Part Of Federal Law

Posted by Christopher Coen on February 10, 2012

Does left hand know what right hand does?

According to an article from Chattanooga, Acting Assistant Secretary of State for Population, Refugees, and Migration (PRM) David M. Robinson claims that Tennessee’s new law – that mandates refugee resettlement agencies to report quarterly to local governments and allows local communities to apply for a “moratorium” on refugee resettlement – is already part of federal law. He must be referring to the part of the Tennessee that deals with quarterly reporting since there is no federal law about moratoriums. The “federal law” he refers to is actually a ORR regulation, as well as required via the State Department refugee contracts. Robinson claims he believes that the State Department (and/or their contractors?) have always abided by this regulation. Yet, they have not always abided by it, hence Tennessee’s claimed need to codify the requirement via state law. In New Hampshire the state refugee coordinator went so far as to claim that she could not require a refugee resettlement agency to consult with a city about its work, even though the ORR regulation required her, as the state refugee coordinator, to conduct quarterly meetings between the resettlement agencies and state and local governments. So, it seems that there is a disconnect between what the government oversight agencies believe that they do, and what actually happens. An article about Robinson’s visit is found in the Chattanooga Times Free Press:

A top U.S. State Department official, who spent two days in Tennessee discussing the state’s refugee resettlement program, said he wants to give communities a “louder voice in the process.”

“We believe it’s in the best interest of the United States that we pursue this program, but also we need to recognize the community nature of the program,” David Robinson, acting assistant secretary of the Bureau of Population, Refugees, Migration, said during a news conference Thursday.

Robinson has been in the state for a two-day visit with community members, local government officials and employers to discuss the resettlement process…

…Tennessee is the first and only state to pass a law that mandates resettlement agencies to report quarterly to local governments and allows local communities to apply for a “moratorium” on refugee resettlement if those agencies overload local resources.

The law was approved last year, but the Tennessee Office for Refugees said no one has applied for the moratorium.

Robinson said that it’s already part of federal law but said Tennessee’s law “makes perfect sense.”

He added, “We believe that’s what we’ve always done,” he said… Read more here

All of this brings another question to my mind: If the new bill in New Hampshire for a proposed one-year moratorium on refugee resettlement is probably unconstitutional – as University of New Hampshire Law professor Albert Scheer told a NH state House committee last week – wouldn’t that be an indication that the part of Tennessee’s law which allows local refugee moratoriums also likely be unconstitutional? Sheer says it is likely unconstitutional because it singles out a particular class of legal residents. He cited a 1941 U.S. Supreme Court case involving a California law forbidding indigent residents from other states from settling in California.

Posted in Assistant Secretary of the PRM, capacity, Joint Quarterly Placement Planning Meeting, Joint Quarterly Placement Planning Meeting, legislation, legislation, moratorium / restriction, New Hampshire, openess and transparency in government, ORR, State Department, Tennessee | Tagged: , , , , , , , , , | 1 Comment »

New Hampshire One-Year Refugee Moratorium Bill Called Unconstitutional

Posted by Christopher Coen on February 3, 2012

A University of New Hampshire Law professor told a state House committee that a bill for a proposed one-year moratorium on refugee resettlement is probably unconstitutional. He said that the moratorium provision raises constitutional questions because it singles out a particular class of legal residents. He contrasted the bill with another that became law in Tennessee last year. A Union Leader article has more

CONCORD — A bill allowing communities to impose a one-year moratorium on refugee resettlements is probably unconstitutional, a law professor told a House committee Thursday.

House Bill 1405 had both its supporters and detractors at a public hearing Thursday before the House Municipal and County Government Committee…

…The bill’s prime sponsor, Rep. Laura Pettengill, R-Glen, told the committee the legislation is similar to one passed in Tennessee…

But University of New Hampshire Law professor Albert Scheer told the committee the moratorium provision raises constitutional questions because it singles out a particular class of legal residents.

He cited a 1941 U.S. Supreme Court case involving a California law forbidding indigent residents from other states from settling in California.

He also said states cannot pass laws that conflict with the “federal framework.” The refugee resettlement program is under the direction of the State Department.

Scheer said the Tennessee bill did not include the moratorium provision when it finally passed…

…Representatives of Lutheran Social Services of New England and the International Institute of New Hampshire spoke against the bill. Read more here

Posted in International Institute of New Hampshire, legislation, Lutheran Social Services of New Hampshire, moratorium / restriction, New Hampshire, State Department, Tennessee | Tagged: , , , , , , , , , | Leave a Comment »

Bill Introduced Into NH State Legislature Giving Cities Ability To Declare 1-year Moratorium On New Refugees

Posted by Christopher Coen on January 10, 2012

Representatives in New Hampshire’s state legislature this month introduced a bill to give cities the ability to declare a one-year moratorium on new refugees. An article at Yahoo News explains:

MANCHESTER, N.H.–With Mitt Romney’s strength in the polls in New Hampshire, the mayor of the state’s biggest city hopes that a resolution to what he calls “the refugee resettlement question” will soon be at hand…

…In July, the city’s aldermen took the unusual step of passing a bill requesting a two-year moratorium on new refugee resettlement… After interviewing city leaders and refugees, the State Department reduced the number of new refugees that would be settled in Manchester during this fiscal year–which began in October–from 300 to 200…

…Leaders in the local Bhutanese community are happy that the moratorium failed, but they remain wary of the mayor’s insistence that the city can’t handle more refugees. This month, representatives in the state legislature introduced a bill to give cities the ability to declare a one-year moratorium on new refugees, suggesting that the debate over their place in New Hampshire is far from over…

…”The moratorium that he is talking about has really created a lot of mental disturbances and tension to the communities who are already here,” Narad Adhikari, who moved to Manchester five months ago and is still looking for work, told Yahoo News…

The article also mentions that USCRI’s International Institute lumped all the refugees in one English class, ignoring skill levels (which has long proven counterproductive):

…many Bhutanese families in Manchester do not speak English, according to Acharya. The English classes provided by the International Institute–and paid for by the federal government–lump together refugees who have never had a day’s education with those who have spent years in a classroom, hampering the progress of both groups, he says.

The students Subedi works with sometimes act out in class because they receive less homework and lighter discipline than they did at the United Nations-run schools in the refugee camp.

“It’s easier here, so sometimes they try to take advantage of it,” Subedi said. Read more here

Posted in ESL & ELL, language, legislation, legislation, moratorium / restriction, Nepali Bhutanese, New Hampshire, State Department | Tagged: , , , , | 2 Comments »

Discussion draft — The Domestic Refugee Reform & Modernization Act of 2011

Posted by Christopher Coen on March 22, 2011

U.S. House of Representatives’ Congressman Gary C. Peters’ (D-Mich.) proposed (discussion draft) refugee bill is now out and awaiting possible cosponsors. This bill is named The Domestic Refugee Reform and Modernization Act of 2011.

First thing I note is that Peters frames the proposal to analyze the ORR’s refugee services program with the idea that all current “unmet needs” (of refugees) are a government responsibility (p.5 line 24, p.6 lines 1-3). Yet, what about private contributions to current unmet needs? After all, the refugee resettlement program supposedly is a public/private partnership. The problem here is that Peters is apparently taking all his information and cues from a private refugee resettlement contractor – Church World Service (CWS).

Secondly, the discussion draft proposes that the ORR gather all sorts of extra data on refugees, such as mental health assessments and needs (p.10 lines 13-25, p.11 lines 1-5), secondary migration numbers (p.9 lines 3-19), etc., and proposes that an HHS Assistant Secretary report these findings to Congress each year. Yet, the ORR does not meet current reporting requirements to Congress, for laws already on the book (they have refused to release to Congress annual reports for fy2008, fy2009 and fy2010, as required by the Refugee Act of 1980). Shouldn’t Congress try to fix that problem first before adding any more reporting requirements?

Thirdly, Peters (CWS?) proposes to make the ORR independent within the U.S. Department of Health & Human Services (HHS), and to make the ORR director an independent Assistant Secretary within HHS, yet he gives no real reasons for this other than that it would create “transparency” (really? how?), and would allow the ORR “broader authority and ability to make structural changes and direct resources effectively.” Okay CWS and ORR – what structural changes are you proposing? What redirection of resources are you proposing?

Aren’t these issues deserving of an open and public discussion?

Posted in Detroit area, HHS, legislation, legislation, Michigan, ORR, reform | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

Domestic Refugee Reform & Modernization Act of 2011

Posted by Christopher Coen on March 15, 2011

A mysterious bill called “The Domestic Refugee Reform and Modernization Act of 2011″ is being introduced in the U.S. House of Representatives by Congressman Gary C. Peters (D-Mich). Church World Service just sent out the following news release, although Congressman Peters’ website doesn’t yet have any information.
Washington — March 15, 2011 – Global humanitarian organization Church World Service applauds Congressman Gary C. Peters (D-Mich.) for introducing the Domestic Refugee Reform and Modernization Act…
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…The Domestic Refugee Reform and Modernization Act of 2011 would elevate the Office of Refugee Resettlement within the Department of Health and Human Services, thereby giving the office broader authority to make structural changes and to direct resources more effectively, while increasing transparency and inter-agency communication.
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The bill also would improve the process by which refugee resettlement funds are allocated to states by including in the formula a projection of refugee arrivals during the coming fiscal year in addition to figures for the past three years of arrivals. It also calls for increased data collection on secondary migration, health and mental health issues, housing needs, and long-term employment outcomes, as well as
a Government Accountability Office report on the resettlement program overall… Read more here
We’ll have to wait and see if this legislation would do anything to actually help refugees. No doubt it will definitely include perks for the refugee resettlement agencies and their friends in government. I’d like to see how the bill would “increase transparency” in light of the current situation in which we have to wait months or years for FOIA’s to go through, basic information cannot be found anywhere on the Office of Refugee Resettlement (ORR) website about things such as how much private funding resettlement agencies actually bring to the refugee program, how often the ORR actually inspects the resettlement agencies that receive ORR funds, and why privatization (the Wilson-Fish Program) of state resettlement programs — away from public oversight – continues to accelerate.
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The part about “increased data collection” also raises my curiousity, although the ORR seems to already collect an awfully large amount of data yet problems remain in effect for years if not decades. For example, refugees are still not learning English for years since few instructors who speak their languages teach the ESL classes. Then there is the ongoing problem of refugee Medcaid-funded medical services that are done without interpreters. Also, years after refugees arrive they continue to lack basic information such as knowing about their Constitutional rights, about personal finances, etc.

Posted in community/cultural orientation, CWS, Detroit area, employment abuses, employment/jobs for refugees, funding, health, HHS, housing, language interpretation/translation, lack of, legislation, mental health, Michigan, openess and transparency in government, ORR, reform, secondary migration, refugee, SIV (Special Immigrant Visa) immigrants, Wilson-Fish Program | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

 
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