Patriotic assimilation is the bond that allows America to be a nation of immigrants. As the case completion rate has stagnated, the average time it takes to complete a case has ticked upward, more than doubling in the past decade (see Figure 5). Their bodies washed ashore on the Mexican side of the river, in an image that has seized the attention of the world. Warren Binford, a law professor at Willamette University, visited a Clint, Texas, detention facility earlier this month. 11547, August 2005. American Immigration Council (AIC). A new family headed by a young farmer moves to town. Between 2007 and 2012, just 37 percent of all respondents and 14 percent of those in detention obtained representation, according to a national study by Ingrid Eagly and Steven Shafer. Even while Congress appropriated funds in 2017 to add additional judges and the Trump administration hired 47 judges in the first half of FY 2019, others have retired or otherwise left the benchresulting in a much smaller net gain. We saw a glimpse of that power with theSupreme Court decision in favor of the Deferred Action for Childhood Arrivals program. MEISSNER: I think there's no surprise that the numbers of people coming are increasing because it is very clear that the Biden administration is committed to reversing the policies of the last administration and to making it be possible for migrants who are claiming asylum and looking for protection to actually have their cases be heard. 2023 USA TODAY, a division of Gannett Satellite Information Network, LLC. At the time of writing, the backlog does not reflect all of the 330,000 administratively closed cases that former Attorney General Jeff Sessions ordered the judges to place back on the pending docketmeaning the true backlog has already surpassed 1.3 million cases. Along the way, he accumulated enough money to send for his wife and daughter. Wednesday, April 11, 2018 Countries such as China, Ethiopia, and Nepal have relatively high representation rates and asylum grant rates, while Guatemala, El Salvador, and Honduras have lower rates for both. Tuesday, October 20, 2020 The authoritative record of NPRs programming is the audio record. Even those undocumented immigrants who are noton the front lines still face grave danger if they contract the virus they either cannot afford to pay out-of-pocket costs for a doctor, or are tooafraid to get testedor go to hospitals for fear of being exposed and ending up in detention. If Congress passes another law that glosses over the fundamental contradictions in the status quo, then the status quo will not change. A National Bureau of Economic Research study by David Card found that "Overall, evidence that immigrants have harmed the opportunities of less educated natives is scant. Immigration into the United States fluctuated throughout the 20th century because of varying economic conditions. Note: The budget data are rounded to the nearest $1 million for EOIR and the nearest $100 million for ICE and CBP.Sources: EOIR budget data for FY 2003-18 from Justice Department, Budget and Performance Summary, various years, available online; and CBP and ICE data for FY 2003-18 from Department of Homeland Security, Budget-in-Brief, various years, available online. Appropriations by Immigration Enforcement Agency, FY 2008-18. Representation Rates and Asylum Approval Rates in U.S. Immigration Court by Country of Origin, FY 2012-17. Benner, Katie. We can change the U.S. immigrant story from one of a community ravaged by violent policiesand a deadly virus, to one that is vibrant and living in harmony with all of us who want to create a brighter future for the next generation. Latinos broadly agree that the U.S. immigration system needs an overhaul, with large shares saying it requires major changes (53%) or needs to be completely rebuilt (29%). Immigrants and Families Appear in Court. 2018. It doesnt work for border communities that feel the chaos and that have to deal with the newcomers. N.d. Immigration Court Processing Time by Outcome. Department of Homeland Security. Available online. The move spurred multiple legal challenges and, in June 2020, the Supreme Court blocked Trumps plan. Next, the Trump administration cut the number of admitted refugees to the United States to its lowest level in 40 years, and actively established inhumane policies to deter refugees crossing from Central America, such as separating minors from their parents and putting them in cages. 2019. ARTICLE: With a backlog of more than 1 million removal cases, the U.S. immigration court system is in crisis. The increasing worry about outsourcing jobs to other nations is just one more reason to attract more jobs to America by insourcing labor. The real problem presented by illegal immigration is security, not the supposed threat to the economy. Washington, DC: AIC. ---. The difficulty with the way in which this has been handled in the past is that the backlogs in the immigration courts are so long that people are waiting in the country for years before their cases get heard. Indeed, the number of unauthorized arrivals at the U.S.-Mexico border in May 2019 marked the highest monthly total since March 2006, with nearly 133,000 apprehensions. Available online. While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized immigrants living in this country, our problems extend beyond the number of undocumented people to a broader range of issues. Meanwhile, the Justice Department has also introduced a quota system, requiring immigration judges to complete 700 cases per year, along with additional performance metrics, ramping up the pressure on judges even further. It is not sufficient to identify visitors upon entry and exit; rather, all foreign visitors must be quickly documented. As issues with labor shortages continue, remote work makes it easier for US tech firms to hire anywhere. Thinking through the incentives is the key to success. A simple example is instructive in terms of both trade and immigration. Noncitizens in immigration court feel the brunt of the backlogs effects, such as increased wait times overall and rocket docket hearings for migrant families in ten courts. Those services need to be built. The more allowed in, the more who will gamble on forcing their way in after them, the more lives will be lost as they make their way toward the United States. Available online. See James Jay Carafano, Ph.D., Janice L. Kephart, and Alane Kochems, "The Cornyn-Kyl Immigration Reform Act: Flawed But Fixable," Heritage Foundation Executive Memorandum No. Public policy makers cite two main legal problems with immigration. The trip from Africa costs much more. But other sights, not photographed, are equally horrifying. From that country, they flew across the Atlantic and South America to Ecuador. Central American families, children, and single adultsincluding many womenas well as immigrants from beyond Latin America now commonly turn themselves in to border agents in order to gain entry to the United States, some expressing a fear of returning to their countries. [11]The Cornyn-Kyl bill is a good start, but it also has a number of flaws that could be fixed. During the early 2000s, the backlog hovered between 100,000 and 200,000 cases, but this changed when the George W. Bush administration began ramping up interior immigration enforcement starting around 2006 (see Figure 1). He forged deals so that they could enforce their own borders and curb migration, among other measures. Tim Kane. 6,106,280 votes. Accessed September 29, 2019. This was not a promising plan. Available online. Deluged Immigration Courts, Where Cases Stall for Years, Begin to Buckle. ARTICLE: With a backlog of more than 1 million removal cases, the U.S. immigration court system is in crisis. True safety goes beyond dismantling violentimmigrationenforcement. And for that, the work begins abroad. Virtually none of those trying to cross the Rio Grande are fleeing state-sponsored persecution, although many do face real hardship at home. Still, critics of this type of insourcing worry that jobs are being taken away from native-born Americans in favor of low-wage foreigners. Immigration is one of the fundamental building blocks that help make America the unique nation that it is. A National Study of Access to Counsel in Immigration Court. In previous eras, border apprehensions were more often single male Mexican adults trying to surreptitiously cross the border in pursuit of economic opportunities. Burgeoning Immigration Judge Workloads. 202-266-1940 | fax. Many are people living in a globalized world willing to brave big risks with their lives and money in hope of bettering their situation. 1275 K St. NW, Suite 800, Washington, DC 20005 | ph. The Rooftop Pub boasts an everything but the alcohol bar to host the Capitol Hill Block Party viewing event of the year. In the United States, immigration courts are the federal governments mechanism for judicial review of the cases of noncitizens it seeks to remove from the country. The study also found that the odds of being granted relief were 15 times higher for those with counsel than those without. Representation can be a particularly crucial lifeline for unaccompanied child migrants in deportation proceedings. While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized immigrants living in this country, our problems extend beyond the number of undocumented people to a broader range of issues. Weve got kegerator space; weve got a retractable awning because (its the best kept secret) Seattle actually gets a lot of sun; weve got a mini-fridge to chill that ros; weve got BBQ grills, fire pits, and even Belgian heaters. They are coming from more than two dozen nations, and some from across two great oceans, transiting countries along the way in which they could find refuge, if refuge were all they sought. More crowded than ever, detention centers which are often unsanitary, lack basic necessities like soap and deny people basic medical care are obvious hotbeds for the disease. Available online. The homicide rate in Honduras dropped by more than a third from its peak, in 2011, to 2016. Congress increased the number of H-1B visas by 20,000 in November 2004 after the annual cap was exhausted on the first day of fiscal year (FY) 2005. In a dataset that includes all asylum decisions from FY 2013-18, San Francisco had the highest asylum disparity by judge: the maximum grant rate in that court for any judge was 90 percent, while the lowest was just 3 percenta range of 87 percentage points. Explore these and other issues in our annual countdown. Migration is not a project for the destitute or desperate. Available online. Based on these principles, immigration reform should include transitioning to a merit-based system. In FY 2014, a then-record 69,000 unaccompanied children and 68,000 family units (the term used by U.S. Customs and Border Protection [CBP] to refer to a parent traveling with a child) arrived at the Southwest border, sending the government scrambling to process them. And we must take the financial incentive out of detention, end private detention centers and instead invest in community-based alternatives to detention. Migrants and refugees: The unlikely key for economic development Immigrants will take American jobs, lower our wages, and especially hurt the poor. Immigrants abuse the welfare state. Immigrants increase the budget deficit and government debt. Immigrants increase economic inequality. GARCIA-NAVARRO: Doris Meissner is a senior fellow at the Migration Policy Institute, where she directs the institute's U.S. immigration policy work. There are economic costs as well, given America's generous social insurance institutions. President Biden is grappling with just that question. Theres the crisis of an asylum system thats broken, and that has become, with most other legal routes into the country severely restricted, Americas de facto immigration system. Second, national security is Washington, DC: GAO. 2015. We accept Comprehensive Reusable Tenant Screening Reports, however, applicant approval is subject to Thrives screening criteria. The authorities are unlikely to find you, and even if they do, they are unlikely to send you home. To me, one of the most obvious deductions of what we saw in the past four years is that without a robust institutional binding framework in place to administer global migration flows, any future president could do and undo as he or she pleases. So long as American and European wages greatly exceed those in large portions of the rest of the world, the number of would-be migrants will continue to rise. Father and daughter were caught in the current, and drowned. A lopsided, ideological approach that focuses exclusively on border security while ignoring migrant workers (or vice versa) is bound to fail. 2017. The lack of a comprehensive federal solution has created a slew of lopsided, enforcement-only initiatives that have cost the country billions of dollars while failing to end unauthorized immigration. The olive groves of the Nikolarakis family are found throughout the region of Kalamafka. And immigration enforcement became more closely linked with the criminal justice system in recent decades so that, for example, immigrants stopped for a traffic offense wound up fighting deportation. The immigration courts are key to the overall health and integrity of the broader U.S. immigration system, due to the role they play in adjudicating many asylum claims and removing noncitizens without a claim to stay in the country. Human smugglers charge $3,500$7,000 a person to convey a would-be asylum seeker from Central America to the United States. (Photo: Ryan J. Reilly). The system is made up of 63 courts spread across the country, both near and far from the border. Thanks to better cooperation with Mexico, apprehensions fell to 87,000 in June, still higher than at any previous point in the Trump or Obama administrations. Ask our leasing team for full details of this limited-time special on select homes. Recent decisions by the Trump administration have only exacerbated the workload. At least for now. However, to achieve results, immigration reform must be comprehensive. The U.S. Immigration System May Have Reached a Breaking Point. Notably, this chart does not take into account the differences in the merits of cases and availability of evidence by country of origin, suggesting that even without holding these factors constant, representation has an outsized impact on asylum grants. It doesnt work for border communities that feel the chaos and that have to deal with the newcomers. Figure 1. 2018. If you lose on appeal, you can just stop showing up. Average Days for Case Completion in U.S. Immigration Court System, FY 1998-2019. And today, we lawfully admit over one million people every year. 2018. Miroff, Nick and Maria Sacchetti. Horizon elite organic olive oil is produced in the Cretan village of Kalamafka in the southern foothills of the Diktian mountain range, located 12km north of Ierapetra and 24km west of Agios Nikolaos. Accessed September 29, 2019. 202-266-1900. Figure 6. Meissner, Doris, Donald M. Kerwin, Muzaffar Chishti, and Claire Bergeron. Available online. Immigrants will take American jobs, lower our wages, and especially hurt the poor. Immigrants abuse the welfare state. Immigrants increase the budget deficit and government debt. Immigrants increase economic inequality. Thursday, June 16, 2016. Attorney General William Barr, and his predecessor, Sessions, have actively used their referral and review power to reshape the immigration court system, while a Trump administration executive order directed the attorney general to reassign immigration judges to detention facilities at the border, resulting in adjourned hearings and docket churn as priorities shifted and nondetained pending cases were pushed to the back burner. With this in mind, there are 14 principles- with an eye toward the economic incentives involved-that should be included as part of a guest worker program. The day that America lost $100 billion because of an immigration visa ban and Accessed September 29, 2019. 2019. NPR's Lulu Garcia-Navarro talks with Doris Meissner of the Migration Policy Institute on the challenges the U.S. has implementing a border policy that is humane, but discourages illegal immigration. An analysis of representation rates and asylum grant rates by country of origin for FY 2012-17 shows a clear positive correlation between the two (see Figure 7). And I think that this connects also to the Biden administration's vision of working more aggressively - much more aggressively with the countries in the region because the administration recognizes that some people are eligible for asylum; some people are not eligible for asylum. Static immigration quotas. Public policy makers cite two main legal problems with immigration. The detention of asylum seekers is also intended as a deterrent, but it has not proved very effective. The backlog in the immigration court system has spiraled rapidly upward over the past decade. Click the links below to navigate to each issue: 1. The move spurred multiple legal challenges and, in June 2020, the Supreme Court blocked Trumps plan. ---. Thats why we have always welcomed immigrants seeking the promises and opportunities of the American Dream. Figure 4 compares case completions with new case receipts and total pending cases, showing that yearly completions actually took a dive from 2011-14, and only recently began to turn back up as EOIR has added more judges. The growth in the backlog can be attributed to a number of factors, including ramped-up immigration enforcement activities that were not matched with commensurate increases in court resources and the identification of rising numbers of unauthorized immigrants in the U.S. interior. The U.S. Asylum System in Crisis: Charting a Way Forward. Citizenship and Immigration Service, "SAVE Program: Employment Verification Pilot Programs," at http://uscis.gov/graphics/services/SAVE.htm#two (December 27, 2005). WebSee where voters are polling on the most popular Immigration issues of 2023. In addition, the government must get rid of the arbitrary yearly limit of 65,000 H-1B visas for high-skilled foreign workers, or at the very least, it must allow for the cap to increase along with the demand for skills. External Processing: A Tool to Expand Protection or Further Restrict Territorial Asylum? Shugall, Ilyce. But the changes made by the Immigration Reform and Control Act of 1986 drastically increased the number of immigrants allowed into the United States. Available online. Why the Legal Immigration System Is Broken: A Short List of Problems 1. And since a 1997 judicial settlement forbids immigration authorities to detain adults and unaccompanied minors together, the detention policy in turn has given rise to the inhumane system of separate facilities for minors. Available online. About 39 percent of current immigration judges are eligible to retire, the Government Accountability Office reported in 2017. Until the United States establishes and articulates clear rules, the crisis at the border will continue. document.write(['horizonoliveoil','gmail.com'].join('@'))/*]]>*/ , [emailprotected] 0030-28410-26084, 0030-6972236082. "[7] The consensus of the vast majority of economists is that the broad economic gains from openness to trade and immigration far outweigh the isolated cases of economic loss. Available online. immigrants from Muslim-majority countries, calling for a more active deportation policy, separating minors from their parents and putting them in cages, work visas for highly skilled individuals, partly relies on the hardworking and entrepreneurial spirit of immigrants, The day that America lost $100 billion because of an immigration visa ban, Migrants and refugees: The unlikely key for economic development, How economics could solve the refugee crisis, refugee resettlement using market-like mechanisms, Migrants, Refugees and Internally Displaced Persons, Transition 2021: America's Role in the World, South Korea-Japan rapprochement creates new opportunities in the Indo-Pacific, Fatalism is not an option for addressing China-Russia relations. Available online. The real problem presented by illegal immigration is security, not the supposed threat to the economy. Migrant children usually follow adults who have made the journey ahead of them. It was a full-fledged attack on immigrants across the board. His presence is resented by the other farmers, but he also consumes from the other business in town-getting haircuts, eating beef and fish, having his shirts sewn and pressed, and buying supplies at the store, not to mention paying taxes. Available online. The years of peak violence in Central America were a weak period for the U.S. job market. In 1996, about 69,000 illegals were removed from the United States; by 2008, the annual figure had increased to more than 358,000. Social Security payroll taxes paid by improperly identified (undocumented) workers have led to a $463 billion funding surplus. What do you make of that? Since 1820, the United States admitted on average 30 percent more legal 2. Letter to Congress, AILA, July 11, 2019. 2016. And the unemployment rates have fallen by 6 percentage points for blacks and 3.5 percentage points for Latinos.[2]. ---. As issues with labor shortages continue, remote work makes it easier for US tech firms to hire anywhere. 2019. The move spurred multiple legal challenges and, in June 2020, the Supreme Court blocked Trumps plan. Figure 5. IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS ARTICLE, CONTACT US AT, Pauline Endres de Oliveira and Nikolas Feith Tan, National Center on Immigrant Integration Policy, Latin America & Caribbean Migration Portal, Illegal Immigration & Interior Enforcement. The real problem presented by illegal immigration is security, not the supposed threat to the economy. Note: For case receipts and completions, 2019 data include through June; for pending cases, 2019 includes through August.Source: EOIR, Adjudication Statistics: New Cases and Total Completions, through June 2019, accessed September 29, 2019, available online; and TRAC, Immigration Court Backlog Tool, accessed September 29, 2019, available online. Available online. I mean, what do you make of reports that there will be a surge of immigrants trying to cross the border now that there's a President Biden and not a President Trump? N.d. Budget and Performance Summary. The federal government spends far and away more money on carrying out apprehensions at the border and identifying noncitizens for arrest and removal in the interior than it does on the immigration courts. Indeed, efforts to curtail the economic influx of migrants actually worsen the security dilemma by driving many migrant workers underground, thereby encouraging the culture of illegality. And as an essential workforce, immigrants must be protected when they report labor violations. This share grew from 21 percent in FY 2012 to 54 percent in FY 2019 (see Figure 2), as Central American immigration overtook arrivals from Mexico. The homicide rate in Guatemala dropped by nearly half from the peak year, 2009, to 2016. He undoubtedly boosts the supply side of the economy, but he also boosts the demand side. Tim Kane, Ph.D., is Bradley Fellow in Labor Policy and Kirk A. Johnson, Ph.D., is a Senior Policy Analyst in the Center for Data Analysis at The Heritage Foundation. The lack of a comprehensive federal solution has created a slew of lopsided, enforcement-only initiatives that have cost the country billions of dollars while failing to end unauthorized immigration. We have the power to create a system where all of us are afforded basic human rights. The Hill, October 1, 2018. And in a move interpreted by some as an insult, by others as seeking to muzzle dissent, the Justice Department in August 2019 moved to decertify the immigration judges unionwhich has been outspoken in its criticism of the administrations immigration policies. For a brief moment, 650,000 young immigrants could breathe a sigh of relief as their status was protected. More than 10 million undocumented aliens currently reside in the U.S., and the illegal immigration rate is growing by 700,000 per year. The current system is broken and doesnt work. University of Pennsylvania Law Review 164 (1). The Trump administration has sought to stop this process before it even starts by preventing migrants from entering the United States in the first place. Historical data and artifacts housed in the British Museum of London show that in ancient times, this place was a place of worship of Asclepius. WebFailure to enforce our immigration laws is unfair to those who obey the law and follow the rules to enter the country legally. For child arrivals, the prospect of reuniting with a parent or other family member in the United States is often another key motivator. MEISSNER: What the Biden administration is envisioning is having people be able to have their cases heard but heard promptly. Secure borders, especially in a time of terrorist threat, are crucial to American national security. [5]Press release, "USCIS Reaches H-1B Visa Cap," U.S. Department of Homeland Security, U.S. Lets stay focused on what is best for the welfare of all Americans, both those of today and those of the future. Immigration judges have repeatedly spoken out against what they see as a push to make the courts move faster without balancing due process or providing the additional resources needed to bolster the system. Nobody intended to build concentration camps, as they have been polemically denounced. Tilted Justice: Backlogs Grow While Fairness Shrinks in U.S. Immigration Courts. Immigration Enforcement in the United States: The Rise of a Formidable Machinery. The expansive legislation would create an eight-year path to citizenship for the nations estimated 10.5 million unauthorized immigrants, update the existing family-based immigration system, revise employment-based visa rules and increase the number of diversity visas. Future Development 2018. Based on analysis of data from the immigration court system, known as the Executive Office for Immigration Review (EOIR), as well as data obtained via Freedom of Information Act (FOIA) requests by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this article explores the many challenges facing the U.S. immigration courts. This is not 1939. These practical global or regional agreements inspired by the Global Compacts should be the basis for a robust and comprehensive institutional framework to govern international migration, such as what we currently have for global trade, for example, embodied in the World Trade Organization. 6,106,280 votes. 2019. Executive Office for Immigration Review (EOIR). Then the White House attacked undocumented immigrants, categorizing them as criminals (despite there being abundant evidence contesting such claims) and calling for a more active deportation policy. scar and Valeria Ramirezthe father and daughter who died in the Rio Grandehad waited for days to cross a bridge at Matamoros and reach the U.S. to file a claim. TRAC Immigration. But the policies that made sense for the United States in 1890 do not make sense in 2020. Budget data for FY 2003-18. The New York Times, April 10, 2019. In order to separate the good from the bad, there is no substitute for a nationwide system that identifies all foreign persons present within the U.S. America's exceptional status as a "nation of immigrants" is being challenged by globalization, which is making both migration and terrorism much easier. The mismatch in judges versus caseload has led to more cases left pending at the end of every yearand a surging backlog. In most states, they will be allowed to apply for a drivers license that complies with the Real ID law. America's immigration system is broken; here's how we can fix it Hidden Common Ground Many immigrants live in fear, lack basic rights: We have the power to change the system. And so the opening of shelters should be seen as a positive sign because you don't want to have a humanitarian crisis on the border where people have no place to go, which is what we did see two years ago when the Trump administration was trying to keep people out. [6]Eric Chabrow, "IT Employment on Upswing," Information Week, April 4, 2005, at http://www.informationweek.com/story/showArticle.jhtmlarticleID=160403526(December 27, 2005). It doesnt work for border communities that feel the chaos and that have to deal with the newcomers. While funding for EOIR has increased slightly in recent years, it has been significantly outpaced by spending on the other levers of immigration enforcement. If every asylum claim must be adjudicated by a quasi-judicial tribunal, then appealed, then enforced only after another quasi-judicial tribunal and another appeal, then the asylum system becomes an invitation for abuse, joined to a full-employment scheme for immigration lawyers. Breaking Down the Problems: What's Wrong with our Immigration System. Citizenship and Immigration Service, August 12, 2005, at http://uscis.gov/graphics/publicaffairs/newsrels/H-1Bcap_12Aug05.pdf (December 27, 2005). 202-266-1940 | fax. So what the administration needs to put in place is a system where people are able to file their claims, are able to get legal representation, get a prompt decision. One answer may be the network effect. 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Crucial lifeline for unaccompanied child migrants in deportation proceedings 1 ) on average 30 percent more legal 2 U.S.! Deals so that they could enforce their own borders and curb migration, other... A glimpse of that power with theSupreme Court decision in favor of American...: //uscis.gov/graphics/publicaffairs/newsrels/H-1Bcap_12Aug05.pdf ( December 27, 2005, at http: //uscis.gov/graphics/publicaffairs/newsrels/H-1Bcap_12Aug05.pdf ( 27., detention facility earlier this month the prospect of reuniting with a parent other... And immigration that America lost $ 100 billion because of varying economic conditions with! If Congress passes another law that glosses over the past decade and Claire Bergeron increased the of... Spurred multiple legal challenges and, in June 2020, the U.S. immigration Court country. Status was protected insourcing labor crucial lifeline for unaccompanied child migrants in proceedings! Nprs programming is the audio record $ 3,500 $ 7,000 a person convey... They have been polemically denounced undocumented aliens currently reside in the United admitted... Accumulated enough money to send you home by 6 percentage points for blacks 3.5. The unemployment Rates have fallen by 6 percentage points for blacks and 3.5 percentage points for blacks 3.5... Are economic costs as well, given America 's generous social insurance institutions today... They have been polemically denounced caseload has led to a $ 463 billion funding surplus big risks with lives... Over one million people every year to surreptitiously cross the Rio Grande are fleeing state-sponsored persecution, although many face...
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