"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
From Hon. Jeffrey Chase:
“Hi Paul: Juan’s memorial service will be held on Sunday, Aug. 27 at noon at the National Funeral Home, 7482 Lee Highway, Falls Church, VA 22042. Friends and family are invited to celebrate Juan’s life. In lieu of flowers, donations can be made in Juan’s memory to the Huntley Meadows Park in Fairfax County or the Lost Dog & Cat Rescue Foundation in Arilington. (Per Wendy’s Facebook; just sent to me by Mark Cappello).”
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PWS
08-20-17
“Yet even if all 1,500 Confederate symbols across the country were removed overnight by some sudden supernatural force, the pernicious crusade to roll back voting rights would continue apace, with voters of color suffering its effects disproportionately. Pushing back hard against those who would purge voter rolls, demand forms of voter ID that many Americans don’t possess, and limit times and venues for voting — this should be a paramount cause for the Trump era.
In statehouse after statehouse where Republicans hold majorities, the playbook is well established, and the tactics are becoming increasingly aggressive.
Mr. Trump’s voter fraud commission is at the vanguard of this crusade, and the fix is in. Its vice chairman, Kris Kobach, is the nation’s most determined, litigious and resourceful champion of voter suppression. Under his tutelage, the commission is likely to recommend measures whose effect will be that new obstacles to voting would be taken up in state legislatures. Millions of voters are at risk of disenfranchisement from this effort, and the knock-on effects of such a mass act of disempowerment are dizzying.
The events in Charlottesville and the president’s apologia for the right-wing extremists there should mobilize anyone passionate about civil rights. There would be no better target for their energies than the clear and present danger to the most fundamental right in any democracy: the vote.”
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Read the complete article at the link.
Sessions and his Civil Rights Division are supposed to be out there defending the right of citizens, particularly minorities, to vote. Instead, he has thrown the weight of the Justice Department to those GOP hacks seeking to suppress the vote. Meanwhile the Civil Rights Division is thinking of perverse ways to abuse Civil Rights laws by using them to promote white privilege and white supremacy.
Sen. Liz Warren was silenced by McConnell when she told the truth about Sessions’s continuing racism. She was right.
PWS
08-20-17
Jackson Diehl writes in the Washington Post:
“That’s where the real responsibility of President Trump lies, too. His pathological need to focus attention on himself has created the vortex into which public discourse on vital issues such as this disappears. But his larger offense has been his love affair with the despotic regimes of Saudi Arabia and the United Arab Emirates, which are largely responsible for creating — and perpetuating — the food and cholera crises in Yemen.
The problem is this: About 90 percent of food and medicine for Yemenis is imported through a seaport, Hodeida, which is controlled by Yemeni rebels against whom the Saudis and their allies have unsuccessfully waged war for the past 2½ years. In the name of enforcing an arms embargo, the Saudis have blockaded Hodeida from the sea and also forced the closure of the international airport in the capital, Sanaa. Ships carrying food and approved by the U.N. are supposed to be allowed to dock, but in practice are often held up by the Saudis.
The result, says Joel Charny of the Norwegian Refugee Council USA, is that the Yemen crisis “is not about aid or aid dollars.” It’s about the blockade — and the Trump administration is complicit. It is backing the Saudi war effort with intelligence and military supplies and, says Charny, “failing to pressure the Saudis to do basic things that would remediate the situation.”
Two weeks ago, the U.N. Security Council finally took action on this problem, unanimously adopting a statement calling on “all parties” to “facilitate access for essential imports of food.” U.S. Ambassador Nikki Haley issued her own broadside, saying that “we must hold governments and armed groups blocking access accountable.” Unfortunately, as Charny puts it, “that is not actually U.S. policy, if you look objectively at what is going on.” In fact, Trump is, in more ways than one, enabling famine.”
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Read the complete story at the link.
Just another day at the office for a President who lacks compassion and can’t take responsibility for the consequences.
PWS
08-20-17
Two very powerful stories in today’s Washington Post Outlook Section make that point.
In the first, Karen Finney, journalist and bi-racial descendent of General Lee:
“I always fiercely disagreed with my grandmother’s take. I loved her, but recognized that she simply couldn’t face the truth — the dramatically different, and all too real stories of brutal tyranny, courageously endured, during Reconstruction and the Jim Crow South that I learned from my father, his family and my own experience.
No telling of Lee’s story, however complicated, can be separated from the leading role he played in a grievous chapter of American history. That part — and the decisions by Charlottesville’s city council, New Orleans’s mayor, Baltimore’s mayor and Lexington, Kentucky’s mayor to remove Confederate statues from public spaces — isn’t complicated. The general was as cruel a slave owner as any other and fought to defend a society based on the brutal enslavement of black people that, had it persisted until today, would have included me. His cause wasn’t righteous, then or now. He’s my ancestor, but as far as I’m concerned, his statues can’t come down soon enough.
The revisionist version of his story attached to the hundreds of Confederate monuments around the country (not just in the South) is part of the most effective rebranding campaign ever implemented. Like the Lee statue at the center of the tragic, deadly violence in Charlottesville on Saturday, many, if not most, of these monuments were built — not in the immediate aftermath of the Civil War — but decades later, in the 20th century. They were erected to advance a dishonest history that claimed the war was about states’ rights and the preservation of a way of life, and to obscure the real cause at the root of the conflict: the perpetuation of white supremacy and economic hegemony through the enslavement and violent suppression of African Americans. It’s propaganda that has exploited fear, and sown division and hate, in a conscious effort to obscure our shared humanity for more than 150 years.”
Read the complete article here:
In the second, Professor Karen L. Cox of UNC-Charlotte points out that: “White supremacy is the whole point of confederate statutes:”
“While Confederate monuments honor their white heroes, they do not always rely on the true history of what took place between 1861 and 1865. Nor was that their intent. Rather, they served to rehabilitate white men — not as the losers of a war but, as a monument in Charlotte states, preservers of “the Anglo-Saxon civilization of the South.”
Today’s defenders of Confederate monuments are either unaware of the historical context or do not care. Like generations of whites before them, they are more invested in the mythology that has attached itself to these sentinels of white supremacy, because it serves their cause.”
Read that complete article here:
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Trump’s lack of knowledge of history is breathtaking. Indeed, based on performance and utterances (including tweets) he would be unable to pass the basic American history and civics exam required for naturalization. Fortunatly for him, like many other things in his life, he got his citizenship purely by good fortune, not merit.
PWS
08-20-17
Dan Zak writes in the Washington Post:
“What about antifa? What about free speech? What about the guy who shot Steve Scalise? What about the mosque in Minnesota that got bombed? What about North Korea? What about murders in Chicago? What about Ivanka at the G-20? What about Vince Foster? If white pride is bad, then what about gay pride? What about the stock market? What about those 33,000 deleted emails? What about Hitler? What about the Crusades? What about the asteroid that may one day kill us all? What about Benghazi?
What about what about what about.
We’ve gotten very good at what-abouting.
The president has led the way.
His campaign may or may not have conspired with Moscow, but President Trump has routinely employed a durable old Soviet propaganda tactic. Tuesday’s bonkers news conference in New York was Trump’s latest act of “whataboutism,” the practice of short-circuiting an argument by asserting moral equivalency between two things that aren’t necessarily comparable. In this case, the president wondered whether the removal of a statue of Confederate leader Robert E. Lee in Charlottesville — where white supremacists clashed this weekend with counterprotesters — would lead to the teardown of others.
Donald Trump’s news conference on Tuesday offered a crash course in whataboutism. (Pablo Martinez Monsivais/AP)Robert E. Lee? What about George Washington?
“George Washington was a slave owner,” Trump said to journalists in the lobby of his corporate headquarters. “Are we going to take down statues to George Washington? How about Thomas Jefferson?”
Using the literal “what about” construction, Trump then went on to blame “both sides” for the violence in Charlottesville.
“What about the ‘alt-left’ that came charging at the, as you say, the ‘alt-right’?” the president said. “Do they have any semblance of guilt?”
For a nanosecond, especially to an uncritical listener, this stab at logic might seem interesting, even thought-provoking, and that’s why it’s a useful political tool. Whataboutism appears to broaden context, to offer a counterpoint, when really it’s diverting blame, muddying the waters and confusing the hell out of rational listeners.
“Not only does it help to deflect your original argument but it also throws you off balance,” says Alexey Kovalev, an independent Russian journalist, on the phone from Moscow. “You’re expecting to be in a civilized argument that doesn’t use cheap tricks like that. You are playing chess and your opponent — while making a lousy move — he just punches you on the nose.”
[‘There are no fine people marching with Nazis’: Seth Meyers on Trump’s Charlottesville response]
Vladimir Putin has made a national sport of what-abouting. In 2014, when a journalist challenged him on his annexation of Crimea, Putin brought up the U.S. annexation of Texas. The American invasion of Iraq is constantly what-abouted on state television, to excuse all kinds of Russian behavior.
In Edward Snowden, “Russia has found the ultimate whataboutism mascot,” the Atlantic’s Olga Khazan wrote in 2013. “By granting him asylum, Russia casts itself, even if momentarily, as a defender of human rights, and the U.S. as the oppressor.”
The term was first coined as “whataboutery” and “the whatabouts,” in stories about the Irish Republican Army in the 1970s, according to linguist Ben Zimmer. But the practice goes back to the chilly depths of the Cold War.
“An old joke 50 years ago was that if you went to a Stalinist and criticized the Soviet slave-labor camps, the Stalinist would say, ‘Well what about the lynchings in the American South?’” philosopher Noam Chomsky once said.”
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Read the entire article at the link.
Trump is an expert on this; most of us “bite” at least some of the time. He’s also a master practitioner of the “big lie” — a technique used by Lenin, Stalin, and Hitler, among others.
PWS
08-19-17
Feingold writes:
“It takes approximately 30 seconds to send a tweet. A half hour to draft and release a statement. And the shelf life of both is only marginally longer. We should not commend Republican party elected officials who claim outrage on social media at Trump’s remarks, often without daring to mention his name. The phony claimed outrage becomes dangerous if it convinces anyone that there is a distinction between Trump’s abhorrent comments and the Republican Party agenda.
The lesson from Charlottesville is not how dangerous the neo-Nazis are. It is the unmasking of the Republican party leadership. In the wake of last weekend’s horror and tragedy, let us finally, finally rip off the veneer that Trump’s affinity for white supremacy is distinct from the Republican agenda of voter suppression, renewed mass incarceration and the expulsion of immigrants.
There is a direct link between Trump’s comments this week and those policies, so where is the outrage about the latter? Where are the Republican leaders denouncing voter suppression as racist, un-American and dangerous? Where are the Republican leaders who are willing to call out the wink (and the direct endorsement) from President Trump to the white supremacists and acknowledge their own party’s record and stance on issues important to people of color as the real problem for our country?
Republicans on the voter suppression commission are enabling Trump’s agenda and that of the white Nazi militia
Words mean nothing if the Republican agenda doesn’t change. Governors and state legislatures were so quick to embrace people of color in order to avoid the impression, they too share Trump’s supreme affinity for the white race. But if they don’t stand up for them they are not indirectly, but directly enabling the agenda of those same racists that Republican members were so quick to condemn via Twitter.
Gerrymandering, strict voter ID laws, felon disenfranchisement are all aimed at one outcome: a voting class that is predominantly white, and in turn majority Republican.
The white supremacist chant of, “you will not replace us,” could easily and accurately be the slogan for these Republican politicians. Their policies will achieve the same racial outcome as Jim Crow – the disenfranchisement and marginalization of people of color.
It is a sad day when more CEOs take action by leaving and shutting down Trump’s Strategy and Policy Forum, and Manufacturing Council, than elected officials take action leaving Trump’s “election integrity” commission.
Businessman are acting more responsive to their customers than politicians are to their voters. At the end of the day, which presidential council is more dangerous? Which most embodies the exact ideology that Trump spewed on Monday? A group of businessmen coming together to talk jobs or a group of elected officials coming together to disenfranchise voters of color?
Anyone still sitting on the voter suppression commission is enabling Trump’s agenda and that of the white Nazi militia that stormed Charlottesville to celebrate a time when the law enforced white supremacy.
If Republican lawmakers want to distinguish themselves from Trump’s comments, they need to do more than type out 144 characters on their phone. They need to take a hard look at their party’s agenda.”
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Read the full article at the link.
I’ve noticed the clear pattern going back to the beginning of the campaign: Trump says or does something totally outrageous; GOP leaders disassociate themselves and claim it doesn’t represent the “real” GOP (whatever that might be); shortly thereafter the same folks go back to supporting Trump and the GOP agenda directed at insuring White control. Nobody switches party, resigns in protest, or tells voters how incompetent and dangerous Trump is. Indeed, these guys are scared silly that they will actually turn off Trump’s White Nationalist base that insures them power even though it’s been many years since they racked up a majority of the popular vote in a national election. Trump then goes on to the next outrage, and the process repeats itself.
Someday, the majority of American voters might actually get a Government that represents their interests rather than those of a White Nationalist minority. But, not any time soon if the GOP can prevent it. So far, they are doing a bang up job of it.
PWS
08-19-17
Sloan, a business columnist, writes:
“But Trump’s behavior shows, unfortunately, how right I was two weeks ago when I wrote that he’s making a classic business mistake — by surrounding himself with flunkies who kiss up to him and by not listening to the handful of strong subordinates whom he’s appointed.
If you’re a competent chief executive, you try to surround yourself with competent subordinates who don’t shrink from telling you when they think you’re wrong. You put them in a room and let them duke it out. And if you’re smart, you pay attention to what they say, because you’re secure enough to realize that they may know more about certain things than you do.
As we’ve seen from Charlottesville, Trump isn’t remotely like that.
As a business columnist, I know that I’m expected to write how some CEOs bailed on two presidential advisory committees that Trump created. And how Trump, true to form, disbanded the committees and embarrassed the CEOs who had stood by him, just so he could claim to get the last word.
But when it comes to analyzing the big picture, which is what I’m trying to do here, the advisory committees debacle isn’t even a rounding error. What really matters is that Trump is exhibiting the same behavior that led businesses he controlled into six Chapter 11 bankruptcies (which is why I call him Donald 66 Trump) as his casino-real estate empire collapsed in the 1980s and 1990s.
But that’s just business. What makes me truly angry about Donald 66 — who, like me, has Jewish children and grandchildren — is that he can’t be bothered to defend his own family. Unbelievable, isn’t it? But true.
It’s inconceivable to me that Trump, whose daughter Ivanka joined the Jewish people, married a Jew and has produced three Jewish grandchildren, can’t bring himself to tweet (let alone say) that he has a problem with a crowd chanting “Jew will not replace us.” Or with them chanting “Heil, Trump”— the Nazi salute — while wearing Trump gear.
What is wrong with this man? You can argue politics and taxes and health care and other bones of contention 100 different ways. But for God’s sake — pun intended — Trump isn’t even defending members of his own family, two of whom are among his closest advisers, against religious bigotry.
I’m especially sensitive to this because I’m an American who’s Jewish. Please note that “American” comes first; I loathe identity politics. Trump and I are from the same generation. I know, as Trump must know, what the Nazis were about. One of the many reasons that I love this country is that without America, I think the Nazis would have won World War II and murdered every Jew on Earth.
It’s one thing for Trump to use “America First” — a phrase that evokes 1930s Nazi sympathizers like Charles Lindbergh (a onetime aviation hero) and Father Charles Coughlin (the “radio priest” from Royal Oak, Mich., who spewed hate, was finally silenced by the pope, and whose Shrine of the Little Flower I passed twice daily during my first year at the Detroit Free Press). I’ll give Trump the benefit of the doubt on that one, and say he didn’t know what “America First” evoked before he started using it.
But for Trump to not tweet that he doesn’t want to see “heil” and “Trump” in the same sentence? To not come to the defense of the Jewish members of his family? Or the Jews among his presidential appointees? What the hell is wrong with this man?
The best thing I’ve read since Charlottesville erupted was what Sen. Orrin G. Hatch (R-Utah) said. To wit, “My brother didn’t give his life fighting Hitler for Nazi ideas to go unchallenged.” That’s exactly right. And my late father-in-law, who was a total mensch, didn’t spend five of the prime years of his life in the Seabees for Nazi ideals to go unchallenged. Nor did the millions of other Americans who took up arms to defend our country against overwhelming evil.
The Charlottesville counter-demonstrators were fools who fell into the demonstrators’ trap. (That’s one thing that Trump has gotten right. As the saying goes, “Even a blind pig can find an acorn.”)
But the counter-demonstrators, however foolish and out of control, aren’t remotely equivalent to swastika-toting provocateurs and Ku Klux Klan Kreeps demonizing blacks and Jews and immigrants, praising Hitler’s evil crew and by implication demeaning the Americans who fought to subdue the Nazi menace.
To return to sports analogies, you deal with these trolls by using what the late Muhammad Ali called “rope a dope” strategy. You let them march, you don’t physically confront them, you don’t help them get the attention they crave, you let them punch themselves into exhaustion. No harm, no foul, no mainstream publicity. They’re publicized by the Daily Stormer, today’s iteration of the Nazis’ anti-Semitic Der Sturmer newspaper? Who cares? Let it go.
At this point, unfortunately, I don’t think Donald 66 can change enough to become a competent chief executive instead of a faux CEO, even if he wants to. But maybe he can learn to be a decent father and grandfather, and stand up for his kids and grandkids. We need a lot more from him than that, but I’ll take what little I can get.”
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PWS
08-19-17
http://time.com/4902820/immigration-lawyers-judges-courts-continuance/
Tessa Berenson writes in Time:
“The president and attorney general have vowed to crack down on illegal immigration, and the new directive could help move cases through the system at a faster clip. Most immigration lawyers agree that the overloaded courts are a major issue. But they fear the end result will be more deportations as judges use the wide discretion afforded to them to curtail continuances. The Immigration and Nationality Act doesn’t establish a right to a continuance in immigration proceedings, Keller’s letter notes. They’re largely governed by a federal regulation which says that an “immigration judge may grant a motion for continuance for good cause shown.”
Immigration lawyers often rely heavily on continuances for their prep work because immigration law grants limited formal discovery rights. Unlike in criminal cases, in which the prosecution is generally required to turn over evidence to the defense, immigration lawyers often have to file a Freedom of Information Act request to find out what the government has on their client. These can take months to process.
“If their priority is speed, we all know that sounds really good, to be more efficient, but usually due process takes a hit when your focus is efficiency,” says Andrew Nietor, an immigration attorney based in San Diego. “By the time we are able to connect with our clients, that first court appearance might be the day after we meet somebody, so we haven’t had the opportunity to do the investigation and do the research. And up until several months ago, it was standard to give immigration attorneys at least one continuance for what they call attorney preparation. Now it’s not standard anymore.”
The Justice Department’s guidance says that “the appropriate use of continuances serves to protect due process, which Immigration Judges must safeguard above all,” and notes that “it remains general policy that at least one continuance should be granted” for immigrants to obtain legal counsel.
But the memo is more skeptical about continuances for attorney preparation. “Although continuances to allow recently retained counsel to become familiar with a case prior to the scheduling of an individual merits hearing are common,” it says, “subsequent requests for preparation time should be reviewed carefully.”
It remains to be seen if this careful review will streamline the ponderous system or add another difficulty for the harried lawyers and hundreds of thousands of immigrants trying to work their way through it. For Jeronimo, it may have been decisive. In mid-August, the judge found that the defense didn’t adequately prove Jeronimo’s deportation would harm his young daughter and gave him 45 days to voluntarily leave the United States. Now Jeronimo must decide whether to appeal his case. But he’s been held in a detention center in Georgia since March, and his lawyers worry that he has lost hope. He may soon be headed back to Mexico, five months after he was picked up at a traffic stop in North Carolina.”
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Read the complete article at the link.
OK, let’s have a reality check here. The tremendous backlog is NOT caused by giving respondents time to find an attorney in an already overwhelmed system or by giving those overworked and under-compensated private attorneys time to adequately prepare their clients’ cases.
No, it’s caused by two things both within the control of the Government. The first is the abuse of the system, actively encouraged by this Administration, for cases of individuals who are law abiding members of the U.S. community, helping our nation prosper, who either should be granted relief outside the Immigrant Court process, or whose cases should be taken off the docket by the reasonable use of prosecutorial discretion (something that the Trump Administration eliminated while outrageously calling it a “return to the rule of law” — nothing of the sort — it’s a return to docket insanity enhanced by intentional cruelty).
Your tax dollars actually pay for the wasteful and counterproductive abuses being encouraged by the Trump Administration! Eventually, Congress will have to find a solution that allows all or most of these folks to stay. But, mindlessly shoving them onto already overwhelmed Immigration Court dockets is not that solution.
The second major cause is even more invidious: Aimless Docket Reshuffling (“ADR”) by the Government! The problematic continuances being given in this system — those of many months, or even many years — are forced upon Immigration Judges by EOIR and the DOJ, usually without any meaningful input from either the sitting Immigration Judges or the affected public. Immigration Judges are required to accommodate politically-motivated “changes in priorities” and wasteful transfer of Immigration Judges wth full dockets (which then must be reset, usually to the end of the docket, sometimes to another Immigration Judge) to other locations, often in detention centers, to support enforcement goals without any concern whatsoever for due process for the individuals before the court or the proper administration of justice within the U.S. Immigration Court system.
There is only one real cure for this problem: removal of the U.S. Immigration Courts from the highly politicized U.S. Department of Justice to an independent Article I Court structure that will focus on due process foremost, and efficient, but fair, court administration. But, until then, it’s up to the press to expose what’s really happening here and to the Article III Courts to call a halt to this travesty.
The “heroes” of the U.S. Immigration Court system, dedicated NGOs and attorneys, many of them acting without compensation or with minimal compensation, are under attack by this Administration and the DOJ. Their imaginary transgression is to insist on a fair day in court for individuals trying to assert their constitutional right to a fair hearing. They are being scapegoated for problems that the U.S. Government has caused, aggravated, and failed to fix, over several Administrations.
The DOJ is creating a knowingly false narrative to cover up their failure to deliver due process in the U.S. Immigration Courts and to shift the blame to the victims and their representatives. A simple term for that is “fraud.”
If we allow this to happen, everyone will be complicit in an assault not only on American values but also on the U.S. Constitution itself, and the due process it is supposed to guarantee for all. If it disappears for the most vulnerable in our society, don’t expect it to be there in the future when you or those around you might need due process of law. And, when you don’t get due process, you should also expect the Government to blame you for their failure.
PWS
08-19-17
Professor Ong Hing writes:
“From the Los Angeles and San Francisco Daily Journal:
President Trump’s recent call for overhauling the legal immigration system suffers from serious racial implications and violations of basic family values. Earlier this month he endorsed the Reforming American Immigration for a Strong Economy (RAISE) Act, which would eliminate all family reunification categories beyond spouses and minor children of U.S. citizens and lawful permanent residents (reducing the age limit for minor children from 21 to 18), and would lower capped family categories from 226,000 green cards presently to 88,000. The prime relatives targeted for elimination are siblings of U.S. citizens and adult children of citizens and lawful residents. The diversity immigration lottery program, which grants 50,000 green cards to immigrants from low-admission countries, also would be terminated. The RAISE Act is essentially the Asian, Latino, and African Exclusion Act of 2017. Why? Because the biggest users of family immigration categories are Asians and Latinos, and the biggest beneficiaries of the diversity lottery are Africans.
The RAISE Act is an elitist point system that favors those with post-secondary STEM degrees (science, technology, engineering, or mathematics), extraordinary achievement (Nobel laureates and Olympic medalists), $1.35 to $1.8 million to invest, and high English proficiency. However, it fails to connect prospective immigrants with job openings and makes incorrect assumptions about family immigrants.
Promoting family reunification has been a major feature of immigration policy for decades. Prior to 1965, permitting spouses of U.S. citizens, relatives of lawful permanent residents, and even siblings of U.S. citizens to immigrate were important aspects of the immigration selection system. Since the 1965 reforms, family reunification has been the major cornerstone of the immigration admission system. Those reforms, extended in 1976, allowed twenty thousand immigrant visas for every country. Of the worldwide numerical limits, about 80 percent were specified for “preference” relatives of citizens and lawful permanent residents, and an unlimited number was available to immediate relatives of U.S. citizens. The unlimited immediate relative category included spouses, parents of adult citizens, and minor, unmarried children of citizens. The family preference categories were established for adult, unmarried sons and daughters of citizens, spouses and unmarried children of lawful permanent resident aliens, married children of citizens, and siblings of citizens. Two other preferences (expanded in 1990) were established for employment-based immigration.
Asian and Latino immigration came to dominate these immigration categories. The nations with large numbers of descendants in the United States in 1965, i.e., western Europe, were expected to benefit the most from a kinship-based system. But gradually, by using the family categories and the labor employment route, Asians built a family base from which to use the kinship categories more and more. By the late 1980s, virtually 90 percent of all immigration to the United States – including Asian immigration – was through the kinship categories. And by the 1990s, the vast majority of these immigrants were from Asia and Latin America. The top countries of origin of authorized immigrants to the United States today include Mexico, China, India, the Philippines, the Dominican Republic, Vietnam, and El Salvador.
As Asian and Latin immigrants began to dominate the family-based immigration system in the 1970s and 1980s, somehow the preference for family reunification made less sense to some policymakers. Since the early 1980s, attacking kinship categories – especially the sibling category – has become a political sport played every few years. Often the complaint is based on arguments such as we should be bringing in skilled immigrants, a point system would be better, and in the case of the sibling category, brothers and sisters are not part of the “nuclear” family. Proposals to eliminate or reduce family immigration were led by Senator Alan Simpson throughout the 1980s, Congressman Bruce Morrison in 1990, and Senator Simpson and Congressman Lamar Smith in 1996. As prelude to the RAISE Act, the Senate actually passed S.744 in 2013 that would have eliminated family categories and installed a point system in exchange for a legalization program for undocumented immigrants.
Pitting so-called “merit-based” visas in opposition to family visas implies that family immigration represents the soft side of immigration while point-based immigration is more about being tough and strategic. The wrongheadedness of that suggestion is that family immigration has served our country well even from a purely economic perspective. The country needs workers with all levels of skill, and family immigration provides many of the needed workers.
A concern that the current system raises for some policymakers is based on their belief that the vast majority of immigrants who enter in kinship categories are working class or low-skilled. They wonder whether this is good for the country. Interestingly enough, many immigrants who enter in the sibling category actually are highly skilled. The vast majority of family immigrants are working age, who arrive anxious to work and ready to put their time and sweat into the job. But beyond that oversight by the complainants, what we know about the country and its general need for workers in the short and long terms is instructive.
The Wharton School of Business projects that the RAISE Act would actually lead to less economic growth and fewer jobs. Job losses would emerge because domestic workers will not fill all the jobs that current types of immigrant workers would have filled. In the long run, per capita GDP would dip. Furthermore, in the Bureau of Labor Statistics’s forecast of large-growth occupations, most jobs require only short- or moderate-term on-the-job training, suggesting lower skilled immigrants could contribute to meeting the demand for these types of jobs.
The economic data on today’s kinship immigrants are favorable for the country. The entry of low-skilled as well as high-skilled immigrants leads to faster economic growth by increasing the size of the market, thereby boosting productivity, investment, and technological practice. Technological advances are made by many immigrants who are neither well-educated nor well-paid. Moreover, many kinship-based immigrants open new businesses that employ natives as well as other immigrants; this is important because small businesses are now the most important source of new jobs in the United States. The current family-centered system results in designers, business leaders, investors, and Silicon Valley–type engineers. And much of the flexibility available to American entrepreneurs in experimenting with risky labor-intensive business ventures is afforded by the presence of low-wage immigrant workers. In short, kinship immigrants contribute greatly to this country’s vitality and growth, beyond the psychological benefits to family members who are able to reunite.
The preamble to the Universal Declaration of Human Rights highlights the unity of the family as the “foundation of freedom, justice and peace in the world” for good reason. Our families make us whole. Our families define us as human beings. Our families are at the center of our most treasured values. Our families make the nation strong.
Bill Ong Hing is the Founder and General Counsel of the Immigrant Legal Resource Center, and Professor of Law and Migration Studies, University of San Francisco”
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Unhappily, America has a sad history of using bogus arguments about the economy and protecting American labor to justify racist immigration acts. Among other things, the Chinese Exclusion Act was supposed to protect the U.S. against the adverse effects of “coolie labor.”
I find it remarkable that those pushing the RASE Act are so ready to damage American families, the fabric of our society, and our economy in a futile attempt to achieve their White Nationalist vision.
PWS
08-18-17
http://www.asylumist.com/2017/08/17/in-a-time-of-hate-my-refugee-clients-give-me-hope/
Jason’s complete blog is reprinted below:
As an ordinary citizen, it is not easy to decide the best way to confront a Nazi march. Show up to peacefully protest? That might give additional attention to the other side. Protest violently? Not only could that elevate the Nazis, it might also de-legitimize the resistance to the Nazis (even those who peacefully resist). Ignore them? That might be viewed as condoning their views. Reasonable people can differ about what to do, at least as far as the peaceful responses are concerned.
As a great American philosopher once said, “I hate Nazis.”
But when you are a public figure, especially an elected official, the decision about how to respond is clear: First, ensure safety and free speech. Second, denounce the evils of Nazism and make it plain that Nazis, Klan members, and anyone who might march side-by-side with such people are un-American, illegitimate, and unworthy of a seat at the table of public discourse.
Fortunately, the vast majority of our country’s elected leaders knew what to say in response to the Nazi march last weekend. But unfortunately, there was one important exception–our President, Donald J. Trump. To me, Mr. Trump’s contemptible silence, followed by a reluctant “denunciation” of the Nazis, followed by a denunciation of the “denunciation” is an utter disgrace. It is a green light to Nazis. It is yet another attack on common decency and on our shared national values. It is complicity with Nazism. By the President of the United States. (As an aside, one of my lawyer-friends at the Justice Department told me–perhaps half jokingly–that she wanted to post a sign in her office that reads, “Nazis are bad,” but she feared it might get her into trouble–that is where we are under Mr. Trump.)
Frankly, I am not particularly worried about the Nazis themselves. They certainly can do damage–they murdered a young woman and injured many others. But they do not have the power or support to threaten our democracy. This does not mean we should take them for granted (few would have predicted Hitler’s rise when he was sitting in prison after the Beerhall Putsch), but we should not be unduly fearful either.
On the other hand, I am very worried about our President’s behavior. His governing philosophy (perhaps we can call it, “trickle down histrionics”) is poisoning our public debate, and it weakens us domestically and internationally. Thus far, his incompetence has served as a bulwark against his malevolence, but that can only go on for so long (see, e.g., North Korea). So there is much to be concerned about.
Here, though, I want to talk about hope. Specifically, the hope that I feel from my clients: Asylum seekers, “illegals,” and other immigrants. There are several reasons my clients give me hope.
One reason is that they still believe in the American Dream. Despite all of the nastiness, mendacity, and bigotry coming from the White House, people still want to come to America. They are voting with their feet. Some endure seemingly endless waits, often times separated from their loved ones, in order to obtain legal status here. Others risk their lives to get here. They don’t do this because (as Mr. Trump suggests) they want to harm us. They do it because they want to join us. They want to be part of America. My clients and others like them represent the American ideal far better than those, like our embattled President and his racist friends, who disparage them. When I see my country through my clients’ eyes, it gives me hope.
My clients’ stories also give me hope. Most of my clients are asylum seekers. They have escaped repressive regimes or failing states. Where they come from, the government doesn’t just tweet nasty comments about its opponents, it tortures and murders them. The terrorist groups operating in my clients’ countries regularly harm and kill noncombatants, women, children, and even babies. My clients have stood against this depravity, and many of them continue to fight for democracy, justice, and human rights from our shores. My clients’ perseverance in the face of evil gives me hope.
Finally, I have hope because I see the courage of my clients, who refuse to be cowed by the hateful rhetoric of our Commander-in-Chief. Since the early days of his campaign, Mr. Trump has demonized foreigners and refugees, and after he was sworn in as President, these individuals were the first to come into his cross hairs. If he can defeat people like my clients, he can move on to new targets. But many refugees and asylum seekers have been subject to far worse treatment than Mr. Trump’s bluster, and they are ready to stand firm against his bullying. Their fortitude encourages others to stand with them. And stand with them we will. The fact that vulnerable, traumatized people are on the front lines of this fight, and that they will not surrender, gives me hope.
I have written before about the tangible benefits of our humanitarian immigration system. It demonstrates to the world that our principles–democracy, human rights, freedom, justice–are not empty platitudes. It shows that we support people who work with us and who advance the values we hold dear. When such people know that we have their backs, they will be more willing to work with us going forward. And of course, that system helps bring people to the United States whose talents and energy benefit our entire nation. Add to this list one more benefit that asylees and refugees bring to our nation in this dark time–hope.”
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Thanks, Jason!
The irony and extreme contrast between those hollowly claiming to “Make America Great” and those who are actually “making America great” is simply stunning.
PWS
08-18-17
https://www.jeffreyschase.com/blog/2017/8/17/the-need-for-an-independent-immigration-court
Jeffrey writes:
“On August 8, the Department of Justice issued a highly unusual press release that inadvertently illustrated the need for an independent Article I immigration court. Titled “Return to Rule of Law Under Trump Administration Marked by Increase in Key Immigration Statistics,” the release proudly cited a 30 percent increase in the number of people ordered deported by immigration judges since the present administration took office (which of course corresponded with a marked decrease in the number of individuals granted relief and allowed to remain legally in the country). The press release was posted on the public website of the Executive Office for Immigration Review, the agency which includes both the immigration courts and the Board of Immigration Appeals.
On his blog immigrationcourtside.com, former BIA chairman Paul Schmidt drew some apt analogies, imagining what the reaction would be if the Supreme Court were to proudly announce that in support of Donald Trump’s deregulaton initiative, it had struck down 30 percent more regulations since he took office? Or if a circuit court released a self-congratulatory statement that in support of the president’s war on drugs, it issued 30 percent more convictions and 40 percent longer sentences for drug crimes than under the previous administration? Such statements would be unthinkable, and would trigger a strong backlash. But not so for the August 8 announcement. Fortunately, EOIR itself did not sink to issuing such a statement. Unfortunately, EOIR felt the need to post the release in a prominent place on its website (either because it was instructed to do so, or was afraid not to).
The National Association of Immigration Judges (the immigration judges’ union) has for years made a strong argument for the creation of an independent Article I immigration court. The 334 immigration judges are the only judges among the Department of Justice’s 112,000 total employees. The concept of the judges’ independence and political neutrality never really took within DOJ. When both the former INS and EOIR were housed within Justice (prior to the former being moved to the Department of Homeland Security after the reorganization that followed the 9/11 tragedy), INS higher-ups would make complaints about immigration judges known to the Deputy Attorney General’s office, which oversaw EOIR’s director, a process that would be highly improper in other courts. When 1996 legislation provided immigration judges with contempt power over attorneys appearing in their courts, INS managed to indefinitely block implementing DOJ regulations because the agency did not wish to afford immigration judges such authority over their fellow DOJ attorneys within INS; as a result, the judges still lack such contempt power 21 years later.
. . . .
It is a cornerstone of our justice system that judges not only be impartial, but that they also avoid the appearance of impartiality. 28 U.S.C. § 455(a) requires federal judges to recuse themselves in any proceeding in which their impartiality might reasonably be questioned. How can the impartiality of an immigration judge not be questioned when the agency that employs him or her releases statements celebrating the increase in the percentage of cases in which deportations are ordered as a “return to the rule of law?”
The partisan pronouncement raises questions not only as to the independence of the judges in their decision making. It also casts a cloud over hiring and policy decisions by EOIR’s management. In hiring new judges and Board members, will EOIR’s higher-ups feel pressured to choose candidates likely to have higher deportation rates? Are they likely to implement policies aimed at increasing fairness or expediency? As an example, let’s use what Paul Schmidt aptly refers to as “aimless docket reshuffling,” in which immigration judges are detailed away from their home courts to hear cases elsewhere. Of course, this means that the individuals scheduled for hearing in the home court (who have likely been waiting two years for their hearing) need to have their cases adjourned due to the judge’s absence. I have no information as to what factors go into making these detailing decisions. But hypothetically, if EOIR’s managers feel pressure to produce more deportations, might they consider shifting judges in high-volume courts in large cities such as New York or Los Angeles, where the respondents are likely to be represented by counsel, have adequate time to prepare and gather evidence, and have access to call witnesses (including experts), to instead hear cases of detained, recently-arrived respondents in remote areas where they have less access to counsel, community support, evidence, or witnesses? In which of those two scenarios might the judge “accomplish” more deportations in the same amount of time?
There is some irony in the use of the term “rule of law” in the Aug. 8 press release, because rules of law take a great deal of time to develop properly. In a 2013 article titled “Let Judges Be Judges,” , Hon. Dana Leigh Marks, the president of the National Association of Immigration Judges, stated that allowing “immigration judges to consider the individual circumstances unique to each case” in an independent Article I court setting “would create a fine-tuned tool…instead of the blunt instrument that now exists.” A “fine-tuned tool” is needed, as many of the claims presently being heard involve very complex legal issues. Many cases involve those fleeing an epic humanitarian crisis in Central America. Case law continues to develop, as leading asylum attorneys and scholars have spent years crafting nuanced theories to clarify the nexus between the serious harm suffered or feared and one of the five protected grounds required for a grant of asylum. In other claims from countries such as Albania or the former Soviet republics, highly detailed testimony from country condition experts is required to educate judges as to specific dangers not mentioned in the generalized State Department country reports. This type of painstaking development of the record cannot be accomplished under conditions termed in a 2009 report of the Appleseed Foundation as “assembly line injustice.”
In summary, a Department of Justice which chooses to publicly celebrate accelerated hearings resulting in orders of deportation as a positive development cannot oversee an immigration court system which aspires to provide “due process and fair treatment for all parties involved.”
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Head over to Jeffrey’s great blog at the above link for the complete story.
Jeff Sessions seldom, if ever, has a kind word to say about migrants of any type. He has been the enthusiastic “point man” for the President’s xenophobic, White Nationalist immigration enforcement program. He has promoted and repeated false narratives about immigrants and crime. The idea of him running the U.S. Immigration Court system charged with proving fair hearings to migrants is preposterous on it’s face.
And, it’s not just Sessions. All Attorneys General have the actual or apparent conflict of interest described by Jeffrey Chase. Sessions is just one of the most outrageous examples to date. If an Immigration Judge made the type of statement set forth in the DOJ press release, he or she would undoubtedly be charged with ethical violations. And, let’s not forget that under the bizarre structure of the U.S. Immigration Courts, the Attorney General has authority to “certify” any individual case to him or her self and substitute his decision for that of the Immigration Judge and the BIA.
PWS
08-16-17
Matt Zapotosky and Devlin Barrett
report in the Washington Post:
“The Justice Department under Attorney General Jeff Sessions has effectively blocked the Drug Enforcement Administration from taking action on more than two dozen requests to grow marijuana to use in research, one of a number of areas in which the anti-drug agency is at odds with the Trump administration, U.S. officials familiar with the matter said.
A year ago, the DEA began accepting applications to grow more marijuana for research, and as of this month it had 25 proposals to consider. But DEA officials said they need the Justice Department’s approval to move forward. So far, the department has not been willing to provide it.
“They’re sitting on it,” said one law enforcement official familiar with the matter. “They just will not act on these things.”
As a result, said one senior DEA official, “the Justice Department has effectively shut down this program to increase research registrations.’’
DEA spokesman Rusty Payne said the agency “has always been in favor of enhanced research for controlled substances such as marijuana.’’
. . . .
The standoff is the latest example of the nation’s premier narcotics enforcement agency finding itself in disagreement with the new administration. While President Trump and Sessions have vowed a crackdown on drugs and violent crime, DEA officials have publicly and privately questioned some of the administration’s statements and goals.
Late last month, acting DEA administrator Chuck Rosenberg wrote in an email to staff members that Trump had “condoned police misconduct” in remarking to officers on Long Island that they need not protect suspects’ heads when putting them into police vehicles. The acting administrator said he was writing his employees “because we have an obligation to speak out when something is wrong.” After public criticism, White House officials said the president was joking.
DEA officials say Sessions and his Justice Department have pressed the agency for action specifically on MS-13 despite warnings from Rosenberg and others at the DEA that the gang, which draws Central American teenagers for most of its recruits, is not one of the biggest players when it comes to distributing and selling narcotics.
Mexican cartels, DEA officials have warned, will use any gang to sell their drugs, and DEA leaders have directed those in their field offices to focus on the biggest threat in their particular geographic area. In many parts of the country, MS-13 simply does not pose a major criminal or drug-dealing threat compared with other groups, these officials said.
The officials spoke on the condition of anonymity because they could face professional consequences for candidly describing the internal disputes.
“Mexican cartels, Mexican transnational organizations are the greatest criminal threat to the United States,” Payne, the DEA spokesman, said. “There’s no other group currently positioned to challenge them. Whenever drug investigations that we do involve MS-13, we respond, but right now the No. 1 drug threat in the U.S. is the Mexican cartels.’’
. . . .”
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Read the complete article at the link.
Just another example of how Sessions’s personal and political agenda has little to do with effective law enforcement. Wonder how long these folks in DEA will be around before Sessions orders a “purge” and installs his minions?
PWS
08-16-17
Sari Horwitz and Mark Berman report in the Washington Post:
“On Wednesday, in response to Sessions’s latest comments, Emanuel invoked the controversy that has enveloped the White House over President Trump’s responses to the violence that erupted in Charlottesville this past weekend.
“In a week in which the Trump administration is being forced to answer questions about neo-Nazis, white supremacists, and the KKK, they could not have picked a worse time to resume their attack on the immigrants who see America as a beacon of hope,” Emanuel said in a statement. “Chicago will continue to stand up proudly as a welcoming city, and we will not cave to the Trump administration’s pressure because they are wrong morally, wrong factually and wrong legally.”
While Sessions attacked Chicago, he praised Miami-Dade County for “complying with federal immigration law.”
“Americans — all Americans — have a right to full and equal protection under law,” Sessions said. “No one understands this better than the Cuban Americans here in Miami-Dade. . . . They understand that no single person — whether a dictator or a mayor — should determine whose rights are protected and whose are not.”
Sessions said that the county’s homicides were a third of what they were in the 1980s. But, according to the county’s police statistics, murders, rapes and assaults are up in Miami-Dade from where they were at this point last year.
Chicago has also been combating a surge in violent crime, an issue that Trump repeatedly cited during his presidential campaign and since taking office. The city had 762 homicides in 2016, more than the combined total reported by New York and Los Angeles, the only two American cities with larger populations.
There have been 428 murders in Chicago so far this year, down from 440 at the same point in 2016, according to police data. The city has also seen 1,811 shootings, down from 2,149 at this time a year ago, the data show.
Trump has been critical of the response by officials in Chicago, saying that “they’re not doing the job” and suggesting in a television interview this year that perhaps the police were being “overly politically correct.”
[Trump calls Chicago violence very easily fixable and blames it on political correctness]
Sessions took aim at a city that federal officials have pledged to help. Police have pointed to illegal guns and gang activity as explanations for the increase in crime and have called for harsher sentencing for people convicted of gun crimes. In June, Chicago police and federal authorities announced a new partnership aimed at cracking down on illegal guns.
The top police official in Chicago sharply disputed Sessions’s comments seemingly connecting the violent-crime increase with illegal immigration.
“I have said it before and I will say it again, undocumented immigrants are not driving violence in Chicago and that’s why I want our officers focused on community policing and not trying to be the immigration police,” Eddie Johnson, the Chicago police superintendent, said in a statement.
Rather than helping combat crime, Johnson said, “the federal government’s plans will hamper community policing and undermine the work our men and women have done to reduce shootings by 16 percent so far this year.”
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Read the complete article at the link.
Sessions is so steeped in White Nationalist, xenophobic propaganda that he just keeps on lying and misrepresenting with shocking regularity. This dude has no more interest in effective law enforcement and protecting civil rights (including the rights of undocumented individuals to fair treatment under the law) than the man in the moon (or Donald Trump). And he is the guy who is going to protect us from White Supremacists? Com’ on, Man! Liz was right on!
Now, some folks might think it strange that a supposed defender of “states rights” would be threatening to have the Feds roll over the needs and policies of local law enforcement. But, when the overriding agenda is driven by White Nationalism and xenophobia, consistency is beside the point.
PWS
08-16-17
I have just learned that my friend and former colleague Juan P. Osuna tragically died suddenly of a heart attack last night. Until May of this year, Juan was the Director of EOIR. But, he was much more than that to those of us in the immigration world.
I first met Juan when he was an Editor for Interpreter Releases, the leading weekly immigration newsletter, working with one of my mentors, the late legendary Maurice A. Roberts. Juan later succeeded Maury as Editor-In-Chief and rose to a major editorial position within the West Publishing legal empire. He was serving in that position when I recommended him for a position as an Appellate Immigration Judge/Board Member of the Board of Immigration Appeals during my tenure as BIA Chair. Juan was appointed to that position by Attorney General Janet Reno in 2000.
While serving together on the BIA, Juan and I often joined forces in seeking full due process and legal protections for migrants. Sometimes, our voices were heard together in dissent. In one of those cases, Matter of J-E-, 23 I&N Dec. 291 (BIA 2002) we joined in finding that our colleagues in the majority were interpreting the Convention Against Torture (“CAT”) in an overly restrictive way. In another, Matter of Andazola, 23 I&N Dec. 219 (BIA 2003), we joined in finding that our colleagues in the majority had significantly undervalued the Immigration Judge’s careful findings of “exceptional and extremely unusual hardship” to U.S. citizen children.
Following my reassignment from the BIA to the Arlington Immigration Court, Juan became the Vice Chair and eventually the Chair of the BIA after the departure of Lori Scialabba. But, Juan’s meteoric rise through the DOJ hierarchy was by no means over. In 2009, Attorney General Eric Holder appointed Juan to the position of Deputy Assistant Attorney General for the Civil Division with responsibility for the Office of Immigration Litigation. Later, he was promoted to Associate Deputy Attorney General with responsibility for the Department’s entire “immigration portfolio.”
Not surprisingly, following the departure of EOIR Director Kevin Ohlson, Attorney General Eric Holder named Juan Director of EOIR. In that position, Juan shepherded the U.S. Immigration Courts through some of the most difficult times in EOIR history, involving astronomically increasing caseloads and resource shortages. Throughout all of it, Juan remained calm, cool, and collected.
He was a frequent public speaker and testified before Congress on a number of occasions. He was known for his honesty and “straight answers.” Indeed, in one memorable television interview, Juan confessed that the Immigration Court system was “broken.”
One of my most vivid recollections of Juan’s sensitivity and humanity was when he occasionally stopped by the Arlington Immigration Court to “find out what’s happening at the grass roots.” After lunching with or meeting the judges, Juan invariably went to the desk of each and every staff member to ask them how their jobs were going and to thank them for their dedicated service. He understood that “the ship goes nowhere without a good crew.”
Shortly before I retired, Juan called me up and said he wanted to come over for lunch. We shared some of our “old times” at the BIA, including the day I called to tell him that he was Attorney General Janet Reno’s choice for a Board Member. We also batted around some ideas for Immigration Court reform and enhancing due process.
Back in my chambers, I thought somewhat wistfully that it was too bad that we hadn’t had an opportunity to talk more since my departure from the BIA. Little did I suspect that would be the last time I saw Juan. At the time of his death, he was an Adjunct Professor at Georgetown Law, where I am also on the adjunct faculty. Ironically, Juan took over the “Refugee Law and Policy” course that I taught from 2012-14.
Juan will always be remembered as a gentleman, a scholar, and an executive who appreciated the role that “ordinary folks” — be they migrants, staff, interpreters, or guards, — play in building and sustaining a successful justice system. He will be missed as a friend and a leader in the immigration world.
My thoughts and prayers go out to Juan’s wife, Wendy Young, President of Kids In Need of Defense (“KIND”), and the rest of Juan’s family and many friends. Rest in peace, my friend, colleague, and champion of due process for all!
PWS
08-16-17
In what should be a positive development for all who care about the future of our U.S. Immigration Courts, Attorney General Jeff Sessions’s latest group of nine new U.S. Immigaration Judge appointees includes seven new judges with “outside” experience in either defending migrants or judging in other systems, or both.
Judge Katherine L. Hansen, Bloomington, MN, most recently served as a senior staff attorney at Iowa Legal Aid and also spent 12 years as a Michigan State District Court Judge.
Judge Jose A. Sanchez, Boston, spent the last 22 years as an Associate Justice for the Trial Court of Massachusetts.
Judge Christopher R. Seppanen, Cleveland, was a Supervisory Administrative Law Judge in Michigan for the past 15 years.
Judge Charlotte D. Brown, Harlingen, most recently spent seven years as a North Carolina State District Court Judge.
Judge Charles R. Conway, New York City, spent the last two years as a Supervising Attorney in the Immigration Unit of the Legal Aid Society in New York. Prior to that, he had his own immigration law practice and also was an Immigration Staff Attorney at Neighborhood Defender Services of Harlem.
Judge Maria E. Navarro, New York City, had been an attorney with the Legal Aid Society in New York for 21 years, the last nine years as a Supervising Attorney and ultimately Acting Attorney-in-Charge.
Judge Charles M. McCullough, San Antonio, served as the Senior Assistant Chief Industrial Appeals Judge in Washington State for the past 15 years.
Judge Patrick O’Brien, San Francisco, was an Assistant Chief Counsel for ICE in San Francisco for the past eight years.
Judge Joseph Y. Park, San Francisco, was the Deputy Chief Counsel for ICE in San Francisco for the past six years.
Additionally, EOIR announced that Judge Daniel Weiss has been appointed Assistant Chief Immigration Judge (“ACIJ”) in Dallas and Judge Clay Martin has been appointed ACIJ in San Antonio.
I have been a frequent critic of Sessions, his “over the top” rhetoric and actions on immigration enforcement, his undermining of important civil rights protections, and his previous record of appointing Immigration Judges solely from the ranks of government attorneys, almost all former prosecutors.
But, I have to say that this is one of the most diverse and well-balanced group of appointments that I have seen coming from an Attorney General in many years, including, for the most part, the Obama Administration.
I believe that having judges who have served in other systems and who have both defended and prosecuted migrants in the mix should generate some new perspectives and, hopefully, some practical, realistic solutions to the many problems facing the Immigration Courts on a daily basis.
I know that as a judge I always appreciated getting insights from my colleagues who came from different backgrounds and had different experiences and often different views on how to approach an issue. Sometimes, I tried out several approaches before finding the one that worked best in my courtroom.
My colleagues also frequently consulted me behind the scenes. I was happy to share perspectives I had gained as an appellate judge, private practitioner, Senior Executive, and professor. Indeed discussing legal and administrative issues “in chambers” with my colleagues and often our wonderful JLCs and legal interns was one of the highlights of the job, and certainly helped relieve the otherwise unrelenting stress of having people’s lives and futures in your hands continually. (We tried, not always successfully, to steer our daily lunch discussions away from “work” to topics like sports, politics, history, theology, family, travel, etc.)
I also applaud the decision to place more ACIJs in the local courts rather than at HQ in Falls Church. Hopefully, they will handle at least partial dockets to have a better idea of the reality facing their colleagues.
A continuous complaint from sitting Immigration Judges and Court Administrators has been OCIJ’s attempt to micromanage and solve problems “from afar.” Many times we thought or said to ourselves “if they were here doing cases they wouldn’t have to ask that question.” Over many years in many different legal positions, I have found that “working supervisors” who are actively involved in the substantive work of the office, and accessible to their colleagues, do far better in solving problems, and achieving respect and cooperation from their colleagues than those who remain “above the fray.” A leader, particularly among judges, is more likely to develop a timely and effective solution to a problem if she or he faces that very problem on a daily basis and gets constant input from colleagues.
Of course, as with most things, “the devil is in the details.” It depends on what the local ACIJ’s mission is. If he or she is there to work collectively with colleagues, staff, the local bar, and ICE to solve problems, improve due process, and serve as a resource for other courts and for OCIJ in developing sound nationwide policies that support and improve due process, that would be a very positive development. On the other hand, if the ACIJ is an “emissary from on high” sent to crack the whip and enforce unrealistic or inappropriate policies developed at the DOJ or OCCIJ without appropriate input from Immigration Judges and local stakeholders, that’s going to be a nasty failure that will actually make an already bad situation even worse.
The latest appointments list could well be a fluke. Some have suggested that it is just the function of most of the “outside” appointments in the “pipeline” being tied up with (unnecessarily) long background clearances which finally came through in group. If so, the appointments could return to the “insiders only” practice.
But, for the reasons I have outlined above, more diverse and balanced selections for the Immigration Judiciary would well-serve the courts, due process, and the public interest in fair and efficient hearings in U.S. Immigration Court.
By no means am I suggesting that a few outside appointments and local ACIJs can solve the dysfunction now gripping the U.S. Immigration Court system. Only an independent Article I U.S. Immigration Court can do that. But, more diverse judicial appointments and constructive local court management involving sitting judges would be small steps in the right direction.
I am republishing below the complete EOIR press release on the new appointments, giving more detailed information on their backgrounds and qualifications. Congratulations to each of the new U.S. Immigration Judges. Due Process Forever!
PWS
08-16-17
U.S. Department of Justice
Executive Office for Immigration Review
Office of the Director
5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041
Contact: Office of Communications and Legislative Affairs
Phone: 703-305-0289 Fax: 703-605-0365 PAO.EOIR@usdoj.gov @DOJ_EOIR
www.justice.gov/eoir
Aug. 14, 2017
Executive Office for Immigration Review Swears in Nine Immigration Judges
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) has invested nine immigration judges to fill positions in Bloomington, Minn.; Boston; Cleveland; Harlingen, Texas; New York; San Antonio; and San Francisco.
The nine new immigration judges were selected from all qualified U.S. citizen applicants. Each must demonstrate appropriate temperament to serve as an immigration judge, and three of the following: knowledge of immigration laws and procedures, substantial litigation experience, experience handling complex legal issues, experience conducting administrative hearings, and knowledge of judicial practices and procedures.
Last Friday’s investiture brings the size of the immigration corps to 334. EOIR is continuing to employ its newly streamlined hiring process to reach its fully authorized level of 384 immigration judges. As the agency increases the number of immigration judges hearing cases, it is also expanding the number of supervisory immigration judges in the field. On Aug. 20, Daniel Weiss and Clay Martin will begin work as assistant chief immigration judges in Dallas and San Antonio, respectively.
Immigration judges preside over formal, quasi-judicial immigration court hearings and make decisions regarding the removability of aliens whom the Department of Homeland Security charges with violations of U.S. immigration law.
Biographical information follows.
Katherine L. Hansen, Immigration Judge, Bloomington Immigration Court
Attorney General Jeff Sessions appointed Katherine L. Hansen to begin hearing cases in August 2017. Judge Hansen earned a Bachelor of Arts degree in 1986 from Morningside College, a Juris Doctor in 1991 from Drake University School of Law, and a Master of Laws degree in 1997 from Wayne State University School of Law. From 2016 to 2017, she served as a senior staff attorney for Iowa Legal Aid. From 2004 to 2016, she served as a district court judge for Michigan’s 36th District Court, in Detroit, Mich. From 2000 to 2004, she served as an
Office of Communications and Legislative Affairs
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EOIR Swears in Nine Immigration Judges Page 2
assistant attorney general for the State of Michigan. From 1993 to 1999, she served as a member of the Michigan Employment Security Board of Review for the State of Michigan, in Lansing, Mich. Judge Hansen is a member of the Iowa and Michigan State Bars.
Jose A. Sanchez, Immigration Judge, Boston Immigration Court
Attorney General Jeff Sessions appointed Jose A. Sanchez to begin hearing cases in August 2017. Judge Sanchez earned a Bachelor of Arts degree in 1984 from Fordham University at Lincoln Center and a Juris Doctor in 1987 from Northeastern University School of Law. From 1995 to 2017, he served as an associate justice of the trial court for the Trial Court of Massachusetts, in Lawrence, Mass. From 1987 to 1995, he served as a trial attorney for the Committee for Public Counsel Services, in Cambridge, Mass. From 1976 to 1981, he served as an air traffic controller for the Federal Aviation Administration, in New York, N.Y. Judge Sanchez is a member of the Massachusetts State Bar.
Christopher R. Seppanen, Immigration Judge, Cleveland Immigration Court
Attorney General Jeff Sessions appointed Christopher R. Seppanen to begin hearing cases in August 2017. Judge Seppanen earned a Bachelor of Arts degree in 1990 from Alma College and a Juris Doctor in 1993 from the University of Kentucky College of Law. From 2002 to 2017, he worked for the State of Michigan, in Lansing, Mich., serving as a supervisory administrative law judge, 2002 to 2012; a deputy chief administrative law judge, 2012 to 2014; and a chief administrative law judge, 2014 to 2017. From 1997 to 2002, he served as an administrative law judge for the State of Michigan, in Manistee, Mich. From 1996 to 1997, he served as a trial attorney for the Office of Public Advocacy, in Alpena, Mich. Judge Seppanen is a member of the Michigan State Bar.
Charlotte D. Brown, Immigration Judge, Harlingen Immigration Court
Attorney General Jeff Sessions appointed Charlotte D. Brown to begin hearing cases in August 2017. Judge Brown earned a Bachelor of Arts degree in 1979 from The City University of New York, York College, a Juris Doctor in 1990 from St. John’s University School of Law, and a Master of Divinity in 2001 from Hood Theological Seminary. From 2009 to 2016, she served as a district court judge for North Carolina’s 26th District Court, in Charlotte, N.C. From 2001 to 2008 and previously 1994 to 1997, she was an attorney at Charlotte D. Brown, in Rockingham, N.C. From 1998 to 2001, she was an executive assistant to the president and general counsel at Livingston College, in Salisbury, N.C. From 1991 to 1992, she served as a public defender at the Public Defender’s Office, in Fayetteville, N.C. From 1990 to 1991, she was an associate attorney at Stroock, Stroock & Lavan, in New York, N.Y. Judge Brown is a member of the Connecticut, New York, and North Carolina State Bars.
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Office of Communications and Legislative Affairs
EOIR Swears in Nine Immigration Judges Page 3
Charles R. Conroy, Immigration Judge, New York City Immigration Court
Attorney General Jeff Sessions appointed Charles R. Conroy to begin hearing cases in August 2017. Judge Conroy earned a Bachelor of Arts degree in 1993 from St. Michael’s College and a Juris Doctor in 1999 from Vermont Law School. From 2016 to 2017 he was a supervising attorney in the Immigration Law Unit of The Legal Aid Society, in New York, N.Y. From 2013 to 2016, he was an immigration attorney at the Law Offices of Charles R. Conroy, PLLC, in New York. From 2012 to 2013, he was an immigration staff attorney at the Neighborhood Defender Services of Harlem, also in New York. From 2006 to 2012, he was an immigration staff attorney at the Legal Aid Society of the Orange County Bar Association Inc., in Orlando, Fla. From 2005 to 2006, he was a securities attorney in the Corporate Law Department of AEGON USA Inc., in St. Petersburg, Fla. In 2004, he was an associate attorney at Tabas Freedman, in Miami, Fla. From 2001 to 2004, he was a securities enforcement attorney at Vermont Department of Financial Regulation, in Montpelier, Vt. From 2000 to 2001, he was an associate attorney at Wick and Maddocks P.C., in Burlington, Vt. From 2008 to 2011, he was an adjunct professor of law at the Dwayne O. Andreas School of Law, Barry University, in Orlando. Judge Conroy is a member of the Florida, New York, and Vermont State Bars, and the District of Columbia Bar.
Maria E. Navarro, Immigration Judge, New York City Immigration Court
Attorney General Jeff Sessions appointed Maria E. Navarro to begin hearing cases in August 2017. Judge Navarro earned a Bachelor of Arts degree in 1985 from Fordham University and a Juris Doctor in 1992 from New York University School of Law. From 1996 to 2017, she worked at The Legal Aid Society, in New York, N.Y., serving as a staff attorney, 1996 to 2008; a supervising attorney, 2008 to 2016; and an acting attorney-in-charge, 2016 to 2017. From 2008 to 2016, she was a supervising attorney at The Legal Aid Society. From 1994 to 1996, she was a staff attorney at Brooklyn Legal Services, Corporation B, in Brooklyn, N.Y. From 1992 to 1994, she was a tax associate at Coopers & Lybrand, in New York, N.Y. From 1996 to 2016, she was an adjunct professor at Columbia Law School. Judge Navarro is a member of the New York State Bar.
Charles M. McCullough, Immigration Judge, San Antonio Immigration Court
Attorney General Jeff Sessions appointed Charles M. McCullough to begin hearing cases in August 2017. Judge McCullough earned a Bachelor of Arts degree in 1982 from the College of the Holy Cross and a Juris Doctor in 1985 from the Gonzaga University School of Law. From 1991 to 2017 he worked for the Washington State Board of Industrial Insurance Appeals, in Olympia, Wash., serving as a hearings industrial appeal judge, 1991 to 1992; a mediation and review judge, 1992 to 1998; a review assistant chief industrial appeals judge, 1998 to 2002; and a senior assistant chief industrial appeals judge, 2002 to 2017. From 1988 to 1991, he served as an assistant attorney general for the Washington State Attorney General’s Office, in Tacoma, Wash. Judge McCullough is a member of the Washington State Bar.
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EOIR Swears in Nine Immigration Judges Page 4
Patrick S. O’Brien, Immigration Judge, San Francisco Immigration Court
Attorney General Jeff Sessions appointed Patrick S. O’Brien to begin hearing cases in August 2017. Judge O’Brien earned a Bachelor of Science degree in 1995 from California Polytechnic State University, San Luis Obispo and a Juris Doctor in 2000 from University of California, Hastings College of the Law. From 2009 to 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco. From 2001 to 2017, he worked for the U.S. Army Judge
Advocate General’s Corp, entering as a student in 2001; serving as a legal assistance attorney in Korea, 2002 to 2003; trial counsel in Fort Lewis, Wash., and Iraq, 2003 to 2004; as trial defense counsel in Fort Lewis and Afghanistan, 2004 to 2007; special assistant U.S. attorney in Fort Lewis, 2007 to 2008; senior defense counsel, U.S. Army Reserve, 2009 to 2014; a brigade judge advocate, U.S. Army Reserve, 2014 to 2016; and currently as an adjunct professor of international and operational law. Judge O’Brien is a member of the California State Bar.
Joseph Y. Park, Immigration Judge, San Francisco Immigration Court
Attorney General Jeff Sessions appointed Joseph Y. Park to begin hearing cases in August 2017. Judge Park earned a Bachelor of Arts degree in 1994 from Amherst College and a Juris Doctor in 2002 from the University of Washington School of Law. From 2003 to 2017, he worked for Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco, serving as an assistant chief counsel, 2003 to 2007; a senior attorney, 2007 to 2011; and a deputy chief counsel, Office of Chief Counsel, 2011 to 2017. From 2002 to 2003, he served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice, in San Francisco, entering on duty through the Attorney General’s Honors Program. Judge Park is a member of the California State Bar.
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