Category: California

ICE Continues To Use Inaccurate Police Data To Dictate Arrests and Deportations

By: Sophia Barba

On February 18, 2021, DHS published a memorandum for all ICE employees to prioritize immigrants who have been recorded as having gang affiliation for deportation and removal. ICE’s practice of using police data to identify immigrants who have been listed as being gang affiliates is not new. In 2017, ICE came under fire for their FALCON system, which gathered information as far-ranging as local police reports, social media, criminal and civil asset forfeiture records, cell phone information and even data collected by the CIA and NSA. What’s more, the information used to identify immigrants as gang-affiliated is largely inaccurate, and often mistakenly identifies individuals without much oversight. Many critics have emphasized that these systems record people using racial markers, or loosely substantiated relationships or networks, which make overgeneralized speculations about potential gang members, rather than relying on more substantial evidence. Since this data cannot be easily accessed, people who are placed on these lists often have no recourse to contest the categorization until it is too late. As Max Rivlin-Nadler from The Appeal stated,

“This ‘information imbalance’ that immigrants experience when facing deportation is immense — often they’re not told exactly what has qualified them as a “gang member,” nor given the opportunity to correct records that local or federal law enforcement might be keeping on them.” 

Human Rights Watch, and several other organizations, have publicly denounced the February 18 memo, stating that the practice does nothing more than to perpetuate a heavily racialized policy that significantly eats away at immigrants’ due process rights. 

Here is some more background: 

LA Times reports gang databases are filled with errors.

Oregonian reports gang databases include largely just minorities 

Lawsuits claimed that gang databases were being used to provide weak support for deportations

 

Related posts:

  1. TAL @ SFCHRON: N. Cal. Immigration Arrests Lag National Stats – No Obvious Explanation – Increases Come Almost Exclusively From Non-Criminals – No Obvious Benefit To Anyone Except Restrictionist Pols!
  2. MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!
  3. HAMED ALEAZIZ @ BUZZFEED: REGIME KID KILLERS ENABLED BY COMPLICIT FEDERAL COURTS THAT IGNORE THE CONSTITUTION & ACT AS IF THEY ARE IMMUNE FROM THE HUMAN MISERY THEY COUNTENANCE!
  4. ☠️⚰️🤮INSIDE THE GULAG: ICE’S CRIMES AGAINST HUMANITY: Scofflaw Faux “Law-Enforcement” Agency Operates Outside Feckless U.S. Legal System Afraid to Crack Down on Deceit & Hold Officials Accountable For Illegal Actions — Outlaw Agency Leaves Trail of Health Threats, Broken Federal Judicial System In Its Wake!

9th Circuit on Jim Route v. Merrick Garland– Elaborating on the term “Date of Admission” Regarding Removability Due to Crimes of Moral Turpitude

By: Sophia Barba

On May 6, 2021 the Ninth Circuit Court of Appeals denied a petition to review the BIA’s decision in Jim Route v. Merrick Garland. The case had been argued and submitted on April 13, 2021.

The 9th Circuit Court affirmed the decision by the Board of Immigration Appeals, which had concluded that Jim Route, the petitioner, had been:

“removable for having been convicted of a crime of moral turpitude (CIMT) within five years after the date of admission, 8 U.S.C. § 1227(a)(2)(A)(i)”

At issue was the interpretation of Route’s “date of admission.” Namely, if a noncitizen has multiple dates of admission, which one shall apply for purposes of deciding the date of admission when analyzing removability for committing a CIMT? The BIA had relied on its prior decision under Matter of Alyazji, 25 I. & N. Dec. 397 (BIA 2011) which stated that “date of admission,” in the context of § 1227(a)(2)(A)(i), refers to the “date of the admission by virtue of which the alien was present in the United States when he committed his crime.”

The Circuit Court had concluded that the Route case was eligible for
deference under Chevron, and had determined that under a Chevron analysis, that the BIA’s interpretation through Alyazji was a reasonable interpretation of the statute.

The petitioner’s argument rested primarily on the fact that the BIA’s reliance of the Alyazji interpretation ignored the Compact of Free Association governing the relationship between the United States and the Federated States of Micronesia (FSM). The panel rejected Route’s contention, explaining that the text of the Compact clearly subjects Micronesian citizens to the removability grounds of
§ 1227(a).

Jim Route, the petitioner, is a citizen of the Federated States of Micronesia. Route entered the United States in November 2005 as a nonimmigrant. He lived and worked in Hawai‘i. In 2015, Route returned to Micronesia for a vacation with his children; they stayed for less than two months. In June 2015, Route returned to the United States and was again admitted as a nonimmigrant. In June 2018, Route was convicted of unlawful imprisonment in the first degree, a class C felony in Hawai’i. Route was sentenced to 68 days’ imprisonment and four years’ probation.

For cultural context, the noncitizens from Micronesia make up a significant portion of the labor force in Hawai’i.  According to local advocates in Hawai’i, “There are an estimated 15,000 to 20,000 Micronesians in Hawaii, who began migrating here in bigger numbers in the 1990s in search of economic and educational opportunities.” (Crux)

Part of the Petitioner’s argument rested on the unique international agreement called the Compact of Free Association, which “allows citizens from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau to live and work freely in the United States in exchange for allowing the U.S. military to control strategic land and water areas in the region.” (Crux)

According to many people living in Hawai’i, Micronesians often face hardship being treated as outsiders and targeted by locals as being unwanted laborers who allegedly take away economic opportunities from them. Some Micronesians in Hawai’i have even expressed that they experience high incidences of violence and are more targeted by police. Two days after the Ninth Circuit published its opinion declining to review the BIA’s opinion, a 16-year old Micronesian boy was shot by police in Hawai’i after allegedly committing a spree of crimes in Honolulu. Hawai’ian social media was flooded with comments that touted anti-Micronesian sentiment, illuminated a microcosm of xenophobia that is similar to sentiments carried by many on the mainland. (KCTV Channel 5)

The anti-Micronesian sentiment in Hawai’i can be compared to the treatment of Latin-American noncitizens in the contiguous territories of the United States, or even the sentiments many Europeans carry against African or Middle-Eastern migrants. The sentiment that noncitizens who arrive for economic opportunity contribute to blight, crime, and siphon opportunity from others is an oft-told narrative no matter the region. 

You can find the full opinion and summary that was published by the 9th Circuit here. 

Related posts:

  1. PRECEDENT: BIA Finds “Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude.” — Matter of Wu, 27 I&N Dec. 8 (BIA 2017)
  2. 9TH CIR: BIA BOBBLES ROUTINE CREDIBILITY DETERMINATION – FAILS TO APPLY “TOTALITY OF CIRCUMSTANCES” — HUINAN LIN v. SESSIONS
  3. BIA THWARTS CAL’S ATTEMPT TO END RUN REMOVABILITY FOR MINOR OFFENDERS – Matter of VELASQUEZ-RIOS, 27 I&N Dec. 470 (BIA 2018)
  4. DUE PROCESS: 9th Cir. Might Be Afraid Of Trump, But U.S. Immigration Judge Scott Simpson Isn’t!

CABINET: BIDEN WILL NAME DISTINGUISHED MEXICAN AMERICAN LAWYER ⚖️🇺🇸 XAVIER BECERRA, A STAUNCH OPPONENT OF THE WHITE NATIONALIST IMMIGRATION KAKISTOCRACY🏴‍☠️ AS CHOICE FOR HHS!

https://lawprofessors.typepad.com/immigration/2020/12/biden-picks-california-atty-gen-becerra-for-health-and-human-services-secretary.html

Dean Kevin Johnson summarizes on ImmigrationProf Blog:

ImmigrationProf Blog

A Member of the Law Professor Blogs Network

Monday, December 7, 2020

Biden picks California Attorney General Xavier Becerra to be Secretary of Health and Human Services

By Immigration Prof

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Noam N. Levey, Eyan Halper,  and Patrick McGreevy for the Los Angeles Times  reported that President-elect Joe Biden has tapped California Attorney General  Xavier Becerra to be Health and Human Services secretary, which would make him the first Latino to hold the office. According to the story, Becerra “has become one of the most important defenders of the Affordable Care Act, leading the fight to preserve the landmark law against efforts by the Trump administration and conservative states to persuade federal courts to repeal it. . . . And he has become a leading champion of reproductive health, going to court repeatedly to challenge Trump administration efforts to scale back women’s access to abortion services and contraceptive coverage.”

Becerra’s mother was born in Jalisco, Mexico and immigrated to the United States after marrying his father, who was born in Sacramento and raised in Tijuana.  Becerra’s father started out picking vegetables. “He got treated like he wasn’t a citizen,” Becerra recalled in 2017. “He couldn’t walk into restaurants because the sign said ‘No dogs or Mexicans allowed.’”

Elected to the House in 1992, he rose through the ranks to become the highest-ranking Latino in Congress at the time.

As Attorney General, Becerra has filed 100 challenges to Trump administration policies, including many immigration and immigrant-related ones such as the rescission of the Deferred Action for Childhood Arrivals, efforts to defund sanctuary cities, addition of a U.S. citizenship question to Census 2020, and more.  Just last week Becerra won a challenge to President Trump’s public charge rule in the Ninth Circuit.

KJ

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I personally would have preferred Becerra as Attorney General. The totally dysfunctional and demoralized DOJ, where “Justice” has been eradicated from the mission, urgently needs a progressive Hispanic leader. Someone who fully understands the overt racism of the nativist immigration policies implemented by Sessions and Barr and how they are connected to the regime’s larger White Nationalist agenda of denying equal justice under law to all persons of color in the U.S. Someone who will make cleaning up the “EOIR Clown Show” 🤡 the top priority!

Nevertheless, there is no denying the overriding importance of public health at the present moment. And, although he isn’t a medical professional, Becerra is a good administrator who understands the intimate connection between public health failures and racism in America. It’s no accident that the African American,Latino, and lower income communities have been disproportionately harmed by the regime’s criminally incompetent and malicious response to the COVID crisis.🤮☠️⚰️ 

Public health is just another aspect of social justice. And, social justice has been in abject failure in the Federal System for the past four years!

  • Due Process Forever!

PWS

12-07-20

Historical Footnote: Ah, Dec. 7, Pearl Harbor Day,! 

That reminds me of yet another “Great Moment in EOIR History,” even before the “advent of the kakistocracy.” When the Arlington Immigration Court was also assigned to the Cleveland, Ohio Televideo docket, we filled all of the then-available hearing dates on our calendars. Our request to “HQ” in Falls Church to “open” the next year for scheduling was denied, apparently on the ground that it would make the docket charts look bad by being yet another year “out.” 

So, we were advised by our Court Administrator to schedule all hearings for December 7, of the last “open” year until further notice. It didn’t take long for the Ohio Bar and the Assistant Chief Counsel to recognize that on any given Master Calendar thereafter, every hearing date assigned was Dec. 7, of the same year. As I used to tell them: “Hey, I’m just an Immigration Judge. I only work here, I’m not in charge of anything.” 

Of course, hundreds of cases eventually had to be rescheduled to real dates! “Aimless Docket Reshuffling” at its best!

Ironically, today’s Immigration Judges are even more feckless and powerless to manage the system than we were many years ago. Yet that didn’t stop the “GOP fraudsters” on the FLRA from illegally and dishonestly declaring them to be “management officials.” Talk about kakistocracy!

Management officials, my foot! I doubt today’s Immigration “Judges” can even schedule bathroom breaks without asking permission from the Falls Church Clown Show!🤡

Related posts:

  1. 🇺🇸“GOOD MORNING OHIO!” — MY KEYNOTE SPEECH TO AILA THIS MORNING 🗽— AN NDPA CALL TO ACTION! ⚖️— “The EOIR Clown Show Has Got To Go!”🤡👨🏻‍⚖️👎🏻
  2. DUH OF DA DAY: White Nationalist Agenda, Anti-Asylum Gimmicks, Grotesque Mal-Administration Leads To Longer Waiting Times @ Disastrously Dysfunctional EOIR 🤮 — Biden-Harris Administration Must End America’s Disgraceful Star Chambers ⚰️!
  3. FACT: THE ROUND TABLE 🛡⚔️ HELPS LEAD THE FIGHT AGAINST EOIR CLOWN 🤡🦹🏿‍♂️ SHOW’S “DYING GASP” ASSAULTS 🤮 ON THE MOST VULNERABLE AMONG US! — “Injustice Anywhere Is A Threat To Justice Everywhere!” — Rev. MLK, Jr.
  4. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 

“TORTURE” UNDER U.N. DEFINITION! ☠️— “GOVERNMENT-SANCTIONED CHILD ABUSE!” — WHAT HAVE WE BECOME AS A PEOPLE & A NATION? — AMERICA HAS PUT NOTORIOUS CHILD ABUSERS AND SHAMELESS “PERPS” OF “CRIMES AGAINST HUMANITY” IN CHARGE — We Now Have A Chance To Throw Them Out & Start The Return To Human Decency As An Overriding National Value! 🗽

 

Here’s an array of reports on how America under the Trump regime has joined the ranks of dictatorships, torturers, child abusers, persecutors, and human rights criminals!

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post
Source: WashPost Website

Eugene Robinson @ WashPost:

What kind of people are we? As a society, are we so decadent and insecure that we show “toughness” by deliberately being cruel to innocent children? Is this what our nation has come to? Or are we better than that?

This election demands we answer those questions. The choice between President Trump and Joe Biden is not just political. It is also moral. And perhaps nothing more starkly illustrates the moral dimension of that decision than the Trump administration’s policy of kidnapping children at the southern U.S. border, ripping them away from their families — and doing so for no reason other than to demonstrate Trump’s warped vision of American strength.

We learned this week that some of those separations will probably be permanent. As NBC News first reported, 545 boys and girls taken as many as three years ago — the children of would-be immigrants and asylum seekers, mostly from Central America — have not been reunited with their parents and may never see their families again.

These are not among the nearly 3,000 families separated at the border in 2018, when children were kept in cages like animals or shipped away to facilities across the country, hundreds or thousands of miles from the border. We now know, thanks to the American Civil Liberties Union and other pro bono lawyers, that an additional 1,500 children were torn away from their families beginning in 2017, when the Trump administration conducted a trial run of the separation policy.

Please think about that. The shocking scenes we saw two years ago did not result from a sudden spasm of presidential anger. They didn’t stem from a Fox News segment Trump might have seen one evening. Rather, the administration rehearsed this form of cruelty.

What the administration did not plan for was how to reunite the children taken in 2017 with their families. Many of the parents were deported, and their children were placed in shelters around the country, then ostensibly released to parents or guardians, placements that the ACLU is still trying to confirm.

[Our Democracy in Peril: A series on the damage Trump has caused — and the danger he would pose in a second term]

The ACLU and other organizations have sent investigators to towns and villages in Central America in an attempt to find the kidnapped children’s families — an effort complicated not just by time and distance, but also by the covid-19 pandemic. Parents of 545 children have not been found, the ACLU reported this week.

Disturbingly, the Department of Homeland Security suggested that some of the parents declined to get their children back so they could remain in the United States. Keep in mind that most of these families were seeking asylum from deadly violence in their home countries. The Trump administration changed immigration guidelines to make it unlikely that the families would ultimately be allowed to stay in the United States, but federal law gives them the right to apply for asylum and to have their cases heard. They did nothing wrong. They should never have been asked to choose between parenting their children and getting them to safety — not by their home countries, and not by the United States.

Trump’s racism and xenophobia have been hallmarks of his presidency from the beginning, so perhaps it should be no surprise that he would preside over such an outrage. But he didn’t do this by himself. He had plenty of help.

Former attorney general Jeff Sessions seized an opportunity to make his rabid antipathy toward Hispanic immigration into policy. White House senior adviser Stephen Miller, a former Sessions aide in the Senate, was the architect of Trump’s “zero tolerance” immigration policy. Then-White House Chief of Staff John F. Kelly said in 2018 that the children taken would be “taken care of — put into foster care or whatever.” Former homeland security secretary Kirstjen Nielsen said last year that she regretted that “information flow and coordination to quickly reunite the families was clearly not in place” — but not the separations themselves.

. . . .

Read the rest of Eugene’s article here:

https://www.washingtonpost.com/opinions/do-we-tolerate-the-kidnapping-of-children-this-election-is-our-chance-to-answer/2020/10/22/0f60d17c-1496-11eb-ad6f-36c93e6e94fb

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Elise Foley
Elise Foley
Deputy Enterprise Editor
HuffPost
Photo Source: HuffPost.com

Elise Foley @ HuffPost:

President Donald Trump’s administration started and carried out a policy that took more than 4,000 children from their parents, at least 545 of whom are still split apart years later. But at Thursday’s debate, the president insisted that he did nothing wrong at all ― blaming his Democratic predecessors and even insisting the kids are doing fine.

“They are so well taken care of,” Trump said of the children taken from their parents by his administration. “They’re in facilities that were so clean.”

Trump’s first term was marked by a full-out assault on immigration, both legal and unauthorized. The most dramatic was his “zero tolerance” policy on unauthorized border-crossing, used in a 2017 pilot program and expanded more broadly in 2018, that led to criminal prosecution of parents and locking up their kids separately. Splitting up families was intentional and calculated, according to multiple reports.

Thanks to mass public outrage and a court order, Trump was forced to stop his family separation policy. Most families were reunited, but the American Civil Liberties Union, which was part of the lawsuit against the government that stopped the policy, said this week that at least 545 kids are still away from their parents.

“Their kids were ripped from their arms and separated,” Democratic nominee Joe Biden said during the debate. “And now they cannot find over 500 sets of those parents and those kids are alone. Nowhere to go. Nowhere to go. It’s criminal.”

. . . .

Read the rest of Elise’s article here:

https://www.huffpost.com/entry/trump-debate-family-separation_n_5f924368c5b62333b2439d2b

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Ruth Marcus
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King and Agriculture Secretary Tom Vilsack, during the National Association of Counties at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.

Ruth Marcus @ WashPost:

545.

That is the number of children still separated from their families by the Trump administration — separated deliberately, cruelly and recklessly. They might never be reunited with their parents again. Even if they are, the damage is unimaginable and irreparable.

545.

Even one would be too many. Each one represents a unique tragedy. Imagine being ripped from your parents, or having your child taken from you. Imagine the desperation that the parents feel, the trauma inflicted on their children.

545.

That number represents an indelible stain on President Trump and every individual in his administration who implemented this policy, flawed at the conception and typically, gruesomely incompetent in the execution. It is, perhaps in the technical sense but surely in the broader one, a crime against humanity. It is torture.

545.

That number — I will stop repeating it, yet it cannot be repeated enough — represents a moral challenge and responsibility for the next administration. If Joe Biden is elected president, he must devote the maximum resources of the federal government to fixing this disaster. The United States broke these families; it must do whatever it takes to help them heal.

Nothing like that would happen in a second Trump term, because Trump himself doesn’t care. He doesn’t grasp the horror that he oversaw. He doesn’t comprehend the policy, and he is incapable of feeling the pain it inflicted.

Those truths could not have been clearer cut than during Thursday night’s debate.

Moderator Kristen Welker of NBC News asked the president a simple question: “How will these families ever be reunited?”

First, Trump misstated the situation: “Their children are brought here by coyotes and lots of bad people, cartels, and they’re brought here, and they used to use them to get into our country.”

No. These are children separated from their families, not separated from smugglers. They are children brought by their parents in desperate search of a better life, desperate enough that they would take the risk of the dangerous journey.

Then Trump pivoted to the irrelevant: “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers. And we let people in, but they have to come in legally.”

Welker persisted: “But how will you reunite these kids with their families, Mr. President?”

Trump responded by pointing his finger at his predecessor: “Let me just tell you, they built cages. You know, they used to say I built the cages, and then they had a picture in a certain newspaper and it was a picture of these horrible cages and they said look at these cages, President Trump built them, and then it was determined they were built in 2014. That was him.”

This is typical Trumpian deflection, bluster undergirded by ignorance. The “cages” are ugly but irrelevant to the topic at hand: the deliberately cruel plan to deter border-crossing by separating children from parents. That was a Trump administration special, implemented with callous sloppiness and so extreme that even the Trump administration abandoned it.

Welker, for the third time: “Do you have a plan to reunite the kids with their families?”

At which point Trump made clear that he did not: “We’re trying very hard, but a lot of these kids come out without the parents, they come over through cartels and through coyotes and through gangs.” The children, he added later, “are so well taken care of, they’re in facilities that were so clean.”

. . . .

Read the rest of Ruth’s op-ed here:

https://www.washingtonpost.com/opinions/545-children-are-still-separated-from-their-families-what-if-one-of-them-were-yours/2020/10/23/63d3be04-154f-11eb-ba42-ec6a580836ed_story.html

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Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair


Bess Levin @ Vanity Fair:

The third and final presidential debate gave Donald Trump and Joe Biden the opportunity to make their final pitch to the American people before the 2020 election. For the Democratic nominee, that meant driving home the point that he believes in science, that he’ll take the COVID-19 pandemic seriously, that climate change is real, and that systemic racism must be dealt with. For Trump, it meant making it clear that in addition to being a science-denying, QAnon-promoting dimwit, he’s also an actual monster who thinks separating small children from their parents, in some cases permanently, is absolutely fine.

Asked by moderated Kristen Welker about the news that parents of 545 children separated at the border—60 of whom are under the age of five—cannot be located, Trump defended the policy and gave no explanation for how the government plans to find these people and reunite their families. “Children are brought here by coyotes and lots of bad people, cartels, and they’re brought here and they used to use them to get into our country,” Trump said, which is objectively false, as they are brought here by their parents, which is why it’s called the family separation policy. “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers and we let people in but they have to come in legally.”

pastedGraphic.png

Noting that Trump hadn’t answered the question, Welker pressed: “But how will you unite these kids with their families?”

“They built cages, they used to say I built cages…that was him,” Trump said, pointing to Biden and referring to the fact that the Obama administration did build temporary enclosures but failing, naturally, to mention that his predecessor did not separate families.

“Do you have a plan to reunite the kids with their parents?” Welker asked a third time. Again, Trump responded by claiming that the children “come without the parents, they come over through cartels and through coyotes and through gangs.”

At this point, Joe Biden was given a chance to weigh in and used his time to describe the policy implemented by Trump as the horror show all non-sociopaths know it to be. “Parents, their kids were ripped from their arms and they were separated and now they cannot find over 500 sets of those parents and those kids are alone, nowhere to go. It’s criminal.”

Then Trump interjected with what he apparently believed was an important point that would cast his administration in a much more favorable light and perhaps might even win it some awards or sainthood by the Catholic church. “Kristen, I will say this,” he told the moderator, of the children stolen from their parents. “They’re so well taken care of. They’re in facilities that are so clean.

pastedGraphic_1.png

With regard to that claim, NBC News reporter Jacob Soboroff weighed in on that after the debate, telling Rachel Maddow: “I was one of the reporters I guess the president mentioned, they invited me to go to the epicenter of this policy…what I saw was little children sitting on concrete floors, covered by mylar blankets, supervised by security contractors in a watchtower, it makes me sick every time I recall it. And Physicians for Human Rights…called this torture…the American Academy of Pediatrics called this state-sanctioned child abuse, and the president of the United States I guess interprets that as children being well taken care of.”

pastedGraphic_2.png

Read the rest of The Levin Report here:

https://mailchi.mp/c4319dce073e/levin-report-trumps-heart-bursting-with-sympathy-for-his-buddy-bob-kraft-2882762?e=adce5e3390

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Jacob Soboroff
Jacob Soboroff
NBC Correspondent
Jacob Soboroff at the ABC News Democratic Debate
National Constitution Center. Philadelphia, PA.
Creative Commons License

Here’s a video from NBC New’s  Jacob Soboroff, who has actually been inside “Trump’s Kiddie Gulag.” Surprise spoiler: It’s not “nice.” More like “torture” and “child abuse.”

https://www.msnbc.com/msnbc/watch/soboroff-the-conditions-of-migrant-children-trump-described-as-well-taken-care-of-made-me-sick-94450757764

*********************

Julia Edwards Ainsley

And, here’s another video from NBC News’s always incisive and articulate Julia Edwards Ainsley:

https://www.cnbc.com/video/2020/10/21/lawyers-cant-find-parents-of-545-migrant-children-separated-by-the-trump-administration.html

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There is neither moral nor legal justification for what the Trump regime has done to asylum seekers and other migrants over the past four years as part of their racist, White Nationalist, nativist agenda. But, we can show that we’re a better country than his horrible vision by voting him and all of his enablers out of office! Vote ‘Em out, vote ‘Em out!

PWS

10-25-20

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

🤮👎☠️SCREWED:  ICE, Advocates, Judge Conspiring To Sell Out Refugee Kids & Families To Illegal Racist Scheme Called “Binary Choice” To Disguise Invidious Intent!

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal

Alicia A. Caldwell
Alicia A. Caldwell
Immigration Reporter
Wall Street Journal

https://apple.news/A4SQ_qG_DSme90hH0KK4C4g

 

Michelle Hackman and Alicia Caldwell report for the WSJ:

 

WASHINGTON—The Trump administration is nearing a deal with some immigrant advocates that would present a choice to jailed parents fighting denial of asylum: let their children be released without them or remain detained together indefinitely, according to federal court filings and lawyers for the children.

The deal is being negotiated between U.S. Immigration and Customs Enforcement and attorneys representing roughly 100 children in detention, a development that has divided the pro-immigrant advocacy community.

If enacted, the “binary choice” plan, as it is known, would realize a long-sought goal by the Trump administration not to release immigrant families seeking asylum together in the U.S. Many of these families report fleeing gang violence, poverty or corruption in Central American countries. The plan would allow parents to choose between releasing their children to relatives in the U.S. or long-term foster care, or keeping their families in detention, waiving rights given to the children under a 23-year-old court settlement.

That settlement, known as the Flores agreement, requires ICE to release migrant children in its custody, not entire families, though past administrations, including the Trump administration until last year, largely complied with it by releasing children together with their parents.

Most immigrant advocates oppose “binary choice,” arguing it is tantamount to a new family separation policy, akin to a policy the administration adopted briefly in 2018 to prosecute all adults crossing the border illegally. The policy resulted in children being taken away from those adults. The government halted those family separations after a broad bipartisan outcry, though it has been looking for other ways to deter migrant families from seeking asylum ever since.

“Asking a parent to choose between indefinite detention in a place where there is already a Covid outbreak and being separated from your child for an undetermined length of time, that is a coercive situation,” said Stephanie Alvarez-Jones, a staff attorney with Proyecto Dilley, which provides legal representation to families at the South Texas Family Residential Center in Dilley, Texas.

The lawyers working with ICE, who represent the children in continuing enforcement of the Flores agreement, say they are left with little choice and aim to protect the best interests of the migrant children.

“By negotiating, we’ve been able to substantially lessen the harshness of ICE’s proposal,” said Peter Schey, president of the Los Angeles-based Center for Human Rights and Constitutional Law, which has managed the Flores Agreement.

ICE declined to comment on the details of the case, citing the pending litigation.

 

. . . .

 

*********************************

Those with full WSJ access can read the complete article at the link.

It’s not rocket science. “Binary choice” is nothing but a racist scam designed by Stephen Miller and other White Nationalists in the regime primarily to punish asylum seekers of color and their children for seeking legal protection, to traumatize and duress them into giving up potentially valid claims, to inflict lasting psychological harm on non-white populations, and to serve as an example and deterrent to others who might dare to exercise their legal rights in the face of tyranny by a racist Executive. All of the foregoing are in clear violation of the 5th, 8th, and 14th Amendments to the U.S. Constitution, not to mention our asylum statutes and international instruments to which we supposedly are party. You don’t need a law degree to figure that out.

Those who have engineered, furthered, and gone along to get along with these gross abuses of children and betrayals of the human rights and dignity of the most vulnerable among us will not escape the judgment of history. Sadly, that will be small consolation for the multitude of broken bodies, traumatized minds, and damaged souls that they leave in their ugly wake!

42 For I was an hungred, and ye gave me no meat: I was thirsty, and ye gave me no drink:

43 I was a stranger, and ye took me not in: naked, and ye clothed me not: sick, and in prison, and ye visited me not.

44 Then shall they also answer him, saying, Lord, when saw we thee an hungred, or athirst, or a stranger, or naked, or sick, or in prison, and did not minister unto thee?

45 Then shall he answer them, saying, Verily I say unto you, Inasmuch as ye did it not to one of the least of these, ye did it not to me.

 

—— Matthew 25

Due Process Forever!

 

PWS

07-23-20

 

 

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. AS THOSE CHARGED WITH PROTECTING JUSTICE “TOADY UP” & ENABLE TRUMP REGIME’S “CRIMES AGAINST HUMANITY,” ONE GROUP OF CIVIL SERVANTS HAS THE COURAGE TO STAND UP FOR DUE PROCESS, THE RIGHTS OF ASYLUM SEEKERS, & SIMPLE HUMAN DIGNITY: USCIS ASYLUM OFFICERS! BONUS+: My Latest Monday Essay: “Heroes & Enablers”

👎THIEF-IN-CHIEF: TRUMP MISAPPROPRIATED MONEY TO BUILD WASTEFUL WALL — Symbol of Hate, Stupidity Built With Stolen Funds, Says 9th Circuit!

https://www.msn.com/en-us/news/us/court-says-trump-e2-80-99s-diversion-of-military-money-to-build-border-wall-was-illegal/ar-BB160TZy?ocid=bingoverlayon2

Wall Funding Illegal – Bing

By Bob Egelko

San Francisco Chronicle

Three days after President Trump took his re-election campaign to a construction site of his border wall in Arizona, a federal appeals court ruled Friday that he had defied Congress’ constitutional authority over federal spending by redirecting $2.5 billion in military funds to build 130 miles of barriers in California, Arizona and New Mexico.

Congress appropriated the funds for military pay, weapons and other Defense Department purposes, and never authorized Trump to spend them on wall construction, the Ninth U.S. Circuit Court of Appeals in San Francisco said in a pair of 2-1 rulings.“Funding for the wall had been denied by Congress,” and the Trump administration “lacked independent constitutional authority to authorize the transfer of funds,” said Chief Judge Sidney Thomas, joined by Judge Kim Wardlaw. Both were appointed by President Bill Clinton.

Judge Daniel Collins, a Trump appointee, dissented from both decisions. He said the military funds were legally transferred and also that the plaintiffs — California and 15 other states, the Sierra Club and and an advocacy group for border communities — had no right to sue over the alleged violation of congressional spending powers.

Although the appeals court upheld a federal judge’s injunction against construction of the wall segments, the ruling did not halt construction. The Supreme Court voted 5-4 last July to allow the work to continue while the case proceeded. Its brief, unsigned decision said the administration “has made a sufficient showing at this stage that the plaintiffs have no cause of action” — that is, that they had not shown direct harm from the construction that would entitle them to challenge it in court.

The appeals court majority reached a different conclusion, citing the plaintiffs’ claims that the wall was harming the environment and wildlife at the border and the states’ ability to enforce their own environmental laws. Similar issues are pending before the same panel in a case over $3.6 billion for additional wall segments, and the dispute could soon return to the high court.

. . . .

***************

Read the rest of the article at the link.

The Supreme’s majority appear to be in Trump’s pocket on this one. So, the fraud, waste, abuse, and mindless environmental destruction is likely to continue until we get regime change.

PWS

06-26-20

Related posts:

  1. 16 STATES SUE TRUMP ON BOGUS NATIONAL EMERGENCY — Nolan Says Trump Ultimately Likely To Prevail — “Slate 3” Appear To Agree!
  2. AMERICA’S “MASS ATROCITY” — Professor Kate Cronin-Furman Says Don’t Kid Yourself About What The Trump Administration Is Doing In Your Name & How “Ordinary Civil Servants” Carry Out The Unthinkable & Unacceptable!
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. FINALLY: SPLIT 9TH CIR PANEL ENTERS NATIONWIDE INJUNCTION AGAINST “LET ‘EM DIE IN MEXICO” A/K/A “MIGRANT ‘PROTECTION’ PROTOCOLS” — Innovation Law Lab v. Wolf

🏴‍☠️☠️KAKISTOCRACY W/ CRUELTY: TRUMP PROMISES RENEWED RACIST ASSAULT ON DREAMERS — Apparently Inspired By Supremes’ Clearly Erroneous Finding That Original Racist Assault Wasn’t Racist At All!  — Worst Prez in U.S. History Shows Once Again That There’s No End To His Creepy Racist Cruelty, Stupidity, & Willingness to Waste Taxpayers’ Money!

Astrid Galvin
Astrid Galvan
AP Journalist

Deb Riechmann
Deb Riechmann
AP Journalist

https://apple.news/A8axfX18tSJerFjEt643BbA

Astrid Galvin and Deb Riechmann report for AP:

Undeterred by this week’s Supreme Court ruling, President Donald Trump said Friday he will renew his effort to end legal protections for hundreds of thousands of immigrants brought to the United States as children.

Trump denounced the high court’s ruling that the administration improperly ended the Deferred Action for Childhood Arrivals program in 2017. Splitting with Trump and judicial conservatives, Chief Justice John Roberts joined the four liberal justices in the 5-4 vote Thursday.

Through executive action, Trump could still take away the ability for 650,000 young immigrants to live and work legally in the United States. But with no legislative answer in Congress in sight, uncertainty continues for many immigrants who know of no other home except America.

In a tweet Friday morning, Trump said, “The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They “punted”, much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly.”

Ken Cuccinelli, acting head of U.S. Citizenship and Immigration Services, said Friday that the administration was starting over. “We’re going to move as quickly as we can to put options in front of the president,” but those are executive branch options, he told “Fox & Friends.”

“That still leaves open the appropriate solution which the Supreme Court mentioned and that is that Congress step up to the plate,” he said.

Cuccinelli said Sen. Dick Durbin, D-Ill., made some positive comments in that direction on Thursday so the administration thinks it’s possible for a constructive conversation with Congress. But experts say there isn’t enough time to knock down the 8-year-old program before the November election and doubt the government would try because DACA is popular with voters.

Trump’s tweet on Friday was less confrontational than the one on Thursday when he slammed the high court ruling. “These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives.” He apparently was referring to DACA and an earlier ruling this week where the court said it’s illegal to fire people because they are gay or transgender.

Activists are vowing to keep fighting for a long-term solution for young immigrants whose parents brought them to the United States when they were children. They not only face a White House that’s prioritized immigration restrictions but a divided Congress that is not expected to pass legislation giving them a path to citizenship anytime soon.

The court decision still elicited surprise, joy and some apprehension from immigrants and advocates who know it’s only a temporary solution.

“This is a huge victory for us,” Diana Rodriguez, a 22-year-old DACA recipient, said through tears.

Rodriguez, who works with the New York Immigration Coalition, said she hasn’t been to Mexico since she was brought to the U.S. at age 2. The ruling means young immigrantscan keep working, providing for their families and making “a difference in this country,” she said.

But the work isn’t over, Rodriguez said: “We can’t stop right now, we have to continue fighting.”

Congressional Democrats, meanwhile, appeared satisfied to let the court’s decision stand as the law of the land for now.

While Republicans protested that now, if ever, was the time for Congress to clarify the immigration system, House Speaker Nancy Pelosi made it clear that Democrats were done with their legislation before the summer break and had little interest in meeting GOP demands to fund Trump’s long-promised border wall as part of any comprehensive immigration overhaul.

“There isn’t anybody in the immigration community that wants us to trade a wall for immigration,” she said.

Pelosi was reminded that Trump has said he wants immigration reform. “We’ll see,” she said, noting how few days remain on the legislative calendar. “I don’t know what the president meant — maybe he doesn’t either.”

Democratic presidential contender Joe Biden said that if elected, he would send lawmakers proposed legislation on his first day in office to make DACA protections permanent.

. . . .

*****************

Read the rest of the article at the link.

Right now, Mark Joseph Stern’s prediction @ Slate that the Supremes’ failure to call out the Trump Administrations’s unconstitutional racial bias will come back to haunt America is looking pretty accurate. https://slate.com/news-and-politics/2020/06/john-roberts-daca-racist-policies-equal-protection.html

There will be no racial reconciliation, equality, and equilibrium in the U.S., nor will our nation reach its full potential, until Trump and the GOP are permanently expelled from power the power they have so grotesquely and dishonestly abused.

This November, vote like your life depends on it! Because it does!

PWS

06-19-20

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  3. WASHPOST:  TENS OF THOUSANDS OF DACA RECIPIENTS SERVE ON THE FRONT LINES OF OUR PANDEMIC RESPONSE — Trump & His Supremes Add Insult To Injury! — America’s New “Dred Scottifyers”
  4. JULIA PRESTON @ THE MARSHALL PROJECT: Despite Court Order, Trump Likely To Shaft Some Applicants For DACA Protection

👍🏼GOOD NEWS: FINALLY, SUPREMES DEAL DOUBLE DEFEAT TO TRUMP REGIME BIGOTS — High Court Thwarts Latest Attacks on America’s Latino, LGBTQ Communities! 

David G. Savage
David G. Savage
Staff Writer
LA Tomes

SESSIONS’S SCOFFLAW ANTI-SANCTUARY CAMPAIGN ENDS IGNOMINIOUSLY WITH WELL-DESERVED BEATDOWN BY COURTS

David G. Savage reports for the LA Times:

https://www.latimes.com/politics/story/2020-06-15/supreme-court-rejects-trumps-challenge-to-california-sanctuary-law

In major victory for California, Supreme Court rejects Trump’s challenge to state sanctuary law

The U.S. Supreme Court’s action is a major victory for California in its long-running battle with President Trump. (Associated Press)

By DAVID G. SAVAGESTAFF WRITER

JUNE 15, 20206:42 AM UPDATED8:03 AM

WASHINGTON —  The Supreme Court on Monday refused to hear the Trump administration’s challenge to a California “sanctuary” law, leaving intact rules that prohibit law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail.

Only Justices Clarence Thomas and Samuel A. Alito Jr. voted to hear the administration’s appeal.

The court’s action is a major victory for California in its long-running battle with President Trump.

At issue was a clash between federal power and states’ rights.

. . . .

**************************

Ryan Grenoble
Ryan Grenoble
National Reporter
HuffPost

SESSIONS-HATCHED ATTACK ON CIVIL RIGHTS & HUMANITY OF AMERICA’S LGBTQ COMMUNITY GOES DOWN IN FLAMES

https://www.huffpost.com/entry/scotus-lgbtq-transgender-decision_n_5ebefe48c5b6299362046713

Ryan Grenoble reports for HuffPost:

The Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity.

The court on Monday issued opinions on two major decisions with far-reaching implications for the civil rights of transgender and LGBTQ individuals.

It was a 6-3 ruling, with Chief Justice John Roberts and Justice Neil Gorsuch joining the four liberal justices in the majority.

Writing for the majority, Gorsuch argued that discrimination on the basis of sexual orientation or gender identity is fundamentally no different than discrimination based on sex.

“An individual’s homosexuality or transgender status is not relevant to employment decisions,” Gorsuch wrote. “That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

“We agree that homosexuality and transgender status are distinct concepts from sex,” he added later. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

The rulings rest on a pair of arguments the court heard in October in which justices considered whether Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination, applies to LGBTQ and transgender workers.

. . . .

******************

Read the rest of both articles at their respective links. So, at least for a day, justice rules in America, despite the efforts of the Trump regime kakistocracy to promote bigotry and intolerance.

In simple terms, this regime and its corrupt officials have consistently promoted acts of invidious discrimination, bias, and hate toward various American communities. It’s hardly any wonder that our nation is dealing with the traumatic effects of such government malfeasance on so many fronts. When you put a kakistocracy in charge, malicious incompetence, abuses, and unrest are naturally going to follow.

It’s beyond disgusting that homophobic, anti-Latino bigots like Trump, Sessions, Whitaker, Barr, Miller, and Francisco have wasted the public’s money, what little credibility to DOJ had left, and the Federal Courts’ time launching baseless legal attacks intended to spread the hate and dehumanization directed against some of America’s must vulnerable communities. Actually, these are communities that the Department of Justice should be working to protect, not persecute. But, don’t expect much real improvement until this scofflaw regime is removed from power. 

This November, vote like your life depends on it! Because it does!

PWS

06-15-20

Related posts:

  1. HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  4. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

Ananya Bhattacharya @ QUARTZ: Yes, Trump’s B.S. White Nationalist Attack on Immigrants, Using COVID-19 as a Pretext, Will Harm U.S. Workers & the U.S. Economy, Says New Study by U.C. San Diego Profs!

Ananya Bhattacharya
Ananya Bhattacharya
Tech Reporter
QUARTZ

 

https://apple.news/ATn0lgkBSTay-a1C2lMlh4A

 

Ananya writes in QUARTZ:

GOOD FOR YOU

A new study shows Trump’s anti-immigration policies will end up hurting the US

The Donald Trump administration’s planned measures to help American graduates find jobs during the Covid-19 pandemic may backfire in the long term.

Over the past couple of months, the US government has proposed several restrictions on foreign skilled workers, which it believes will open up opportunities for locals. However, a recent University of California San Diego immigrant rights study (pdf) has said immigrant rights enhance the lives and livelihoods of native workers in many ways such as improvement in incomes, sparking innovation, reducing crime and increasing tax revenues.

“We find there are several areas where strengthening migrant worker rights benefits native-born workers, outweighing any costs borne by them,” researchers Gaurav Khanna and Anna Brown found.

The research comes after Trump hit pause on immigration into the US via employment and family routes in April, affecting more than 20,000 people each month. A May 7 letter from a group of four Republican senators urged Trump to suspend the Optional Practical Training programme (OPT), which allows international students to work in the US for up to three years. Six days later, the New York Times reported Trump is considering barring the issuance of new visas in certain employment-based categories, including H-1B.

Here’s a break-down of how hurting immigrant sentiment is tied to the welfare of the US economy:

Entrepreneurship and innovation

Any change to immigrant laws could hurt the US’s long-term plans around innovation and new ventures because giving immigrants legal permanence and a sense of stability incentivises local investments.

“These new businesses may lead to an increase in jobs and a larger tax base,” the researchers said. “While much of the literature has focused on the potential of H-1B visa-holders to develop new patents and technologies, there is strong evidence suggesting that this relationship between immigration and innovation holds more broadly.”

Around 45% of Fortune 500 companies have been founded by immigrants or children of immigrants. These companies amass more than $6 trillion in revenue per year and include tech giants like Google-Alphabet, Microsoft, Tesla, and Apple. A previous study by Khanna revealed that hiring H-1B workers was strongly associated with firms introducing newer products.

Threat of reverse brain drain

The report also says America’s talent crunch could worsen if foreign professionals are not retained.

“When the US crisis abates, there may be a scarcity of high-skill professionals, which could stall a robust recovery,” Khanna, co-author and assistant professor of economics at the school of Global Policy and Strategy (GPS), said in a June 4 press release.

Silicon Valley’s gaping tech skills gap has long been plugged by foreign talent.

Back in 1994, the number of computer scientists in the US who were born abroad was less than one in 10. By 2012, the share was up to a quarter.

Most tech workers are employed under the H-1B programme, which is only renewable for up to six years. Workers who are not on track for a green card have to return home. “Such forces, set into motion by the six-year H-1B limit, have shifted production from the United States to India,” the research states. Extending the H-1B limit or making the green card process easier would allow employers to retain this high-skill talent.

And it’s not just about Silicon Valley. The IT sector has downstream effects on other industries that use software, such as banking and manufacturing.

Higher wages, more jobs for locals

The presence of immigrants had a more favourable effect on incomes, the researchers found. A study conducted by the US Department of Labor showed that granting legal status to migrant workers resulted in their wages rising by 15.1%.

Restrictions on the H-1B will have an outsize effect on Indians, who receive three-quarters of the visa, but they wouldn’t be the first group to fall prey. Historically, Chinese, European, and Mexican labour flow into the US has been limited or stopped altogether based on unsubstantiated evidence about these workers depressing wages.

“Often, such policies have been motivated by resentment against foreign workers; however, this fear may be based on false perceptions and lack of evidence,” the authors of the paper write. “This resentment may also be driven by racial prejudices and xenophobia.”

However, the reality is that protecting migrant workers from exploitation eventually levels the playing field between immigrants and non-immigrants. “Migrant workers, who are not legally protected, face much lower wages compared with their native counterparts,” according to Khanna. “This is detrimental to US-born workers, who are less likely to be hired. Ensuring migrant workers have substantial rights inadvertently helps US-born workers as well.”

A better tomorrow for America

Less crime: Trump has often tried to draw a link between immigrants and rising crime rates. But there is little truth in these claims. Between 1970 and 2010, increases in immigration in US metropolitan areas were correlated with decreases in both violent (homicides, assaults, etc) and property crimes (burglary, motor vehicle theft, etc), past research shows. Then, a 2007 studyfound that incarceration rates are lower for immigrants and far lower for newly arrived immigrants.

More taxes: Contrary to popular belief, undocumented migrant workers pay taxes, mostly income taxes, which are estimated to be at $11.7 billion. This number would rise by $2.2 billion if undocumented migrants were granted legal status. For a country with $804 billion in fiscal debt, every penny counts.

Future workforce: Children of currently undocumented individuals who are born in the US can join the country’s workforce, adding to productivity and expanding the tax base.

Quartz Daily Brief

Subscribe to the Daily Brief, our morning email with news and insights you need to understand our changing world.

 

********************************* 

I’ve featured this particular study in prior posts. https://immigrationcourtside.com/2020/06/06/debunking-the-trump-regimes-white-nationalist-myths%EF%B8%8F-furthering-protecting-immigrants-rights-benefits-society-bogus-covid-19-visa-rest/

 But, Ananya’s summary is so highly relevant and beautifully written that it deserves its own post. One of her most important points: “[T]he reality is that protecting migrant workers from exploitation eventually levels the playing field between immigrants and non-immigrants.”

I’ve pointed out to my students that bigger investments by the Feds in Wage & Hour and OSHA enforcement, as an alternative to expensive, inhumane, wasteful, and often counterproductive civil immigration detention and enforcement, is something that a wiser and more intellectually honest Administration should consider in the future, in combination with a more robust and realistic legal immigration system.

 

PWS

 

06-09-20

Related posts:

  1. DEBUNKING THE TRUMP REGIME’S WHITE NATIONALIST MYTHS☠️: Furthering & Protecting Immigrants’ Rights Benefits Society — Bogus “COVID-19” Visa Restrictions & Other Nativist Nonsense Enabled By Feckless Congress & Failing Courts Hurts America!
  2. THE UGLY SIDE OF HISTORY: AMERICA CONTINUES TO TREAT ITS ESSENTIAL MIGRANT WORKERS AS “SUB-HUMAN” — “We cannot help what the virus does; all we can control is our reaction to it, and what we do next. This pandemic has shone a light on the ugliness of our “here.” Until the US treats all its immigrants as human beings, with full equal rights, we will still be far from ‘there,’” writes Maeve Higgins in the New York Review of Books.
  3. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  4. JIM CROW WINS, AMERICA LOSES, AGAIN — WHITE NATIONALIST CLOWN-IN-CHIEF 🤡 HALTS IMMIGRATION TO DIVERT ATTENTION FROM MASSIVE FAILURE OF GOVERNANCE, AS FECKLESS DEMS PROTEST! — Announced By Tweet At Time When Borders Closed Anyway — A “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy,” Says Sen. Tim Kaine (D-VA) 😰👎🏻

DEBUNKING THE TRUMP REGIME’S WHITE NATIONALIST MYTHS☠️: Furthering & Protecting Immigrants’ Rights Benefits Society — Bogus “COVID-19” Visa Restrictions & Other Nativist Nonsense Enabled By Feckless Congress & Failing Courts Hurts America!

Gaurav Khanna
Gaurav Khanna
Assistant Professor of Economics
U.S. San Diego

https://apple.news/AtzkkrgAGThCSMutjCZCjAg

 From SCIENMAG:

New Visa restrictions will make the US economic downturn worse

New research shows legal protections for immigrants improve lives and livelihoods of citizen workers

The Trump administration is expected to set limits on a popular program that allows international students to work in the U.S. after graduation while remaining on their student visas. The restrictions on the Optional Practical Training (OPT) program are designed to help American graduates seeking jobs during the pandemic-fueled economic downturn; however, the move is likely to further hurt the economy, according to new University of California San Diego research on immigrant rights.

In a new research paper, economists find that immigrant rights enhance the lives and livelihoods of native-born workers in many ways. Drawing from a sweeping collection of studies on the U.S. labor market over the past century, the paper is the first of its kind to look at how legal protections for immigrants affect domestic workers of immigrant-receiving countries in terms of generating income, innovation, reducing crime and increasing tax revenues.

One in eight persons living in the United States was born in a different country. Therefore understanding the impact of migrant worker rights on receiving economies is crucial to immigration policymaking, especially with the White House’s immigration policies growing more exclusionary during the COVID-19 pandemic.

“This time the political restrictions seem to be on high-skill foreign-born, like students, OPTs and those with H1B visas,” said Gaurav Khanna, co-author and assistant professor of economics at the UC San Diego’s School of Global Policy and Strategy (GPS). “Many high-skill workers have lost their jobs, which means many will have to leave the country soon. When the U.S. crisis abates, there may be a scarcity of high-skill professionals, which could stall a robust recovery.”

Legal protections for immigrants aid entrepreneurship and innovation

About 45 percent of Fortune 500 companies were founded by immigrants or children of immigrants. These companies amass more than $6 trillion in revenue per year and include tech-giants like Google-Alphabet, Microsoft, Tesla and Apple. With one in four of computer scientists born in a different country, the U.S. immigrant workforce comprises of many of Silicon Valley’s top entrepreneurs, current CEOs or company founders.

As entrepreneurs know, starting a business requires a lot of money up front while the return on investment may take years, but the benefits to the local populations prove to be very positive from the start.

With the economy contracting at unprecedented levels, the White House’s decision to impose more visa restrictions is expected make economic recovery more difficult because the less confidence immigrants have in their status, the less likely they are to seed innovation and create businesses.

Providing legal permanence and stability to immigrants may help incentivize long-term local investments like businesses which lead to an increase in jobs and a larger tax base, Khanna and co-author Anna Brown, a graduate of GPS’s Master of Public Policy program write.

H1-B under fire, despite its well-documented economic benefits

Most technology workers enter the U.S. on H-1B visas, which are temporary work visas that are valid for three years and renewable up to another three years. At the end of the six-year period, these highly-skilled workers must either leave the country or apply for a costly green card that has a long waitlist, particularly for citizens of India and China.

“Extending the H-1B limit or making the green card process easier would provide immigrants with a longer legal work status in the U.S. and allow employers to retain high-skill talent, which could have downstream effects on other industries that use software, like banking, manufacturing and other sectors,” the authors write.

Since the H-1B visa was in introduced in 1990, it has yielded many economic benefits. For example, U.S.-born workers gained $431 million in 2010 as a result of the H-1B, according to previous research from Khanna. Moreover, another study of his revealed that hiring H-1B workers was strongly associated with firms introducing newer products.

However, new restrictions to the H-1B, the same type of visa the founder of SpaceX, Elon Musk, used to begin working in the U.S., could be released soon as the White House recently indicated it is reevaluating the program. This could yield another roadblock for the legalization of immigrants with entrepreneurial ambition.

“Unless immigrants are certain they will be allowed to remain within a country, they may not invest in developing a business in that country,” Khanna and Brown write. “This highlights a problem faced by many migrants who have ambitions to start businesses but will not because they know they may not be able to stay in the country for long.”

More protections for immigrants increases the likelihoods of jobs going to native born-workers, over immigrants

In addition to analyzing how immigrant rights aid entrepreneurship, Khanna and Brown also looked at how these policies impact the competition between native-born and immigrant workers. Immigrant worker rights protect migrant workers from employer exploitation; an indirect benefit of these laws is that they even the playing field between immigrants and non-immigrants.

“Migrant workers, who are not legally protected, face much lower wages compared with their native counterparts,” according to Khanna. “This is detrimental to U.S. born workers, who are less likely to be hired. Ensuring migrant workers have substantial rights inadvertently helps U.S. born workers as well.”

The study points to exclusionary immigration policies over the course of U.S. history, from the Chinese Exclusion Act of 1882, to the Kennedy and Johnson administrations’ policies targeted at farmworkers, all of which were driven by fear of low-skill laborers from other countries depressing wages of native-born workers in the U.S.

However, economist all over the world have been unable to find evidence that proves these theories. Rather, in each of these cases throughout U.S. history, employers adjusted to the missing workers in ways other than substantially bidding up wages, such as by shifting to production technologies that use less labor.

“Often, such policies have been motivated by resentment against foreign workers; however, this fear may be based on false perceptions and lack of evidence,” the authors of the paper, which appeared in the UCLA Journal of International Law & Foreign Affairs, write. “This resentment may also be driven by racial prejudices and xenophobia.”

Rights for immigrants also lower crimes in receiving countries

Even as the discussion on the impact of immigration has predominantly focused on wages and employment, the current U.S. President has strongly alluded to a link between immigrants and crime, propelling growing discourse on the subject.

Between 2001 and 2017, Gallup polls consistently reflected that roughly half (45 percent to 58 percent) of American respondents believe immigrants make the crime situation worse. These assumptions are false. The authors cite ample research that sheds light on incarceration rates being lower for immigrants, and far lower for newly arrived immigrants, revealing the baseline for criminal activity among immigrants is lower than native-born workers.

In addition, the authors point to previous studies that revealed a correlation between immigrant rights with decreased crime over the course of four decades (1970 to 2010).

“This is because the less protection and work opportunities immigrants have, the more likely they are to turn to criminal activity, as an act of desperation,” said Khanna. “Criminal behavior is widely understood to be a result of necessity and when given legal employment opportunities at livable wages, crime is reduced.”

For example, after the Immigration Reform and Control Act (IRCA) of was implemented in 1986, which gave legal status to three million immigrants in the U.S., it led to a marked decrease in crime up to 5 percent.

Legal protections lower the fiscal burden and reduce deficits

Contrary to popular belief, undocumented migrant workers pay taxes, mostly income taxes, which are estimated to at $11.7 billion. Yet the number would be higher (by $2.2 billion) if undocumented migrants were granted legal status, an important consideration as the national deficit mounts in the wake of COVID-19.

Additional ways more protections for migrants would help domestic populous could be lower health care costs. Undocumented migrants may not be eligible for insurance, adding to healthcare costs in times of emergency.

“We find that the fiscal burden can be greatly reduced if immigrants are given working status and allowed to contribute to the tax base,” the authors wrote. “In conclusion, we find there are several areas where strengthening migrant worker rights benefits native-born workers, outweighing any costs borne by them.”

To read the full paper, go to the UCLA Journal of International Law & Foreign Affairs website.

Media Contact
Christine Clark
ceclark@ucsd.edu
https://ucsdnews.ucsd.edu/pressrelease/new-visa-restrictions-will-make-the-u.s-economic-downturn-worse

***********************

The fear mongering, racist lies, anti-scientific BS, and White Nationalist false narratives pushed by the Trump regime and enabled by a feckless Congress and complicit Article III Courts that refuse to give meaning to our Constitution and statutes while failing to require honesty and candor from the Administration are destroying America.

No, everything can’t be changed overnight. Sadly, the damage inflicted by Trump, his corrupt cronies, and his supporters on America and on our democratic institutions is huge; it will take years if not decades to repair. That’s what makes the exceptionally poor performance of Congress and the Federal Judiciary as a whole under the defective leadership of the Supremes so reprehensible. Far, far too many of the wrong people in the wrong jobs at the worst time in our history for fecklessness, lack of courage, and absence of integrity, not to mention empathy and compassion for “the other.” Disgraceful!

But regime change and appointing Federal Judges who demonstrate “community creds,” a commitment to due process, fundamental fairness, equal justice under law, human rights, and human decency would be an important necessary step to making social justice in America a reality rather than just a slogan. It would also help protect us against any future “Trump-style, neo-fascist regime.” 

This November, vote like your life depends on it. Because it does!

 PWS

06-06-20

Related posts:

  1. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  4. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

NICOLE NAREA @ VOX: Sen. Booker Introduces Bill to Aid Migrant Health Care

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

 

https://apple.news/A-RCQm3FvRseAEFDQaZ6_Ug

 

Nicole writes:

New Jersey Sen. Cory Booker said he is planning to introduce legislation on Wednesday that would expand legal immigrants’ access to health care subsidy programs and allow unauthorized immigrants to buy health plans from federal insurance marketplaces.

The bill, known as the HEAL for Immigrant Women and Families Act, would permit legal immigrants to enroll in Medicaid and the Children’s Health Insurance Program (CHIP), provided that they meet the programs’ income requirements. Rep. Pramila Jayapal introduced the bill in the House in October 2019, but it would be the first time that the Senate would consider the legislation.

The bill isn’t likely to advance in a Republican-controlled Senate, where Senate Majority Leader Mitch McConnell has already rejected relief for unauthorized immigrants. But it’s the latest effort by Democrats to rectify inequalities in access to health care laid bare by the coronavirus pandemic.

Only a fraction of immigrants is eligible for Medicaid and CHIP: naturalized citizens, green card holders who have lived in the US for at least five years, immigrants who come to the US on humanitarian grounds (such as receiving asylum), members of the military and their families, and, in certain states, children and pregnant women with lawful immigration status. But many other categories of immigrants — including temporary visa holders and young immigrants who have been allowed to live and work in the US under the Deferred Action for Childhood Arrivals program — would become eligible under Booker’s bill.

“Covid-19 has shined a punishing light on the unjust health care inequities that exist for communities of color broadly, and immigrant communities in particular,” Booker told Vox. “While we should always be working to expand access to health care for everyone, the dire current situation highlights the urgency of addressing these gaps in health care coverage. Health care is a right, and it shouldn’t depend on immigration status. We’re never going to be able to slow and stop the spread of the virus be if we continue to deny entire communities access to testing, treatment, or care.”

The bill also contains provisions expanding health care options for unauthorized immigrants, who are often uninsured and have so far been largely left out of Congress’s coronavirus relief efforts. Booker’s bill would allow them to buy health insurance on the Affordable Care Act marketplace, from which they’re currently barred. It would also allow unauthorized immigrants to become eligible for health care subsidies if they have purchased such an insurance plan and meet other criteria, including minimum income requirements.

. . . .

******************************

Read the rest of Nicole’s always outstanding and accessible analysis at the above link.

Good luck with getting this through the Senate with Moscow Mitch and the GOP in charge! Not going to happen. And, Booker knows it!

Few groups in America have been as screwed over as migrants, regardless of status, in this pandemic. They perform some of the most difficult and essential jobs that have kept us going through this crisis. But, when it comes to safety, stimulus, health care, unemployment and pretty much anything else they are left out in the cold by the GOP nativists.

Get back to work: no PPE, social distancing, hazard pay, testing, unemployment benefits, home computers, or health care for you! This isn’t the “GOP playing Soup Nazi” – it’s the real deal, the 21st Century version of completely expendable workers and intentional “dehumanization” of the “other.”  Already, xenophobic GOP nativists are whining about the very modest economic emergency money that the State of California has provided to their migrant residents, many “essential workers,” regardless of status.

But, Booker’s HEAL bill is a significant “ready for prime-time marker” if we get regime change! Health care and immigration are huge issues in the Hispanic community. Biden needs to get out the Hispanic vote and having legislation like this “ready to roll” on “Day 1” will be key in energizing voters to “work through the obstacles” and vote Trump & the GOP Senators out in the key states to finally get some much needed aid out to the American Hispanic community and others, including folks in rural areas of so-called “Red States,” and disproportionately adversely affected African-American communities in need who are excluded from “Trump’s America” (except, of course, when the chips are down and we need workers for thankless jobs or when Trump needs votes). You can also add in Asian Americans who have been working hard for America but face a barrage of racist-inspired incidents. There’s a “community of interest” there that the Dems’ should be able to attract and build upon with “good government” that furthers the common interests.

This November, vote like your life depends on it. Because it does!

PWS

05-20-20

 

Related posts:

  1. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  2. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”
  3. TA-NEHISI COATES IS OPTIMISTIC THAT WE’RE FINALLY AT A MOMENT OF CHANGE IN AMERICA’S APPROACH TO RACE RELATIONS — Read Ezra Klein’s Vox News Interview With Ta-Nehisi to Find Out Why!
  4. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!

NDPA NEWS: JUST IN: MORE GOOD VIBES FOR THE GOOD GUYS: US District Judge Vince Chhabria “Rips DHS A New One” Over Grossly Deficient Treatment Of Detainees In Gulag: DHS Intransigence “speaks volumes about where the safety of the people at these facilities falls on ICE’s list of priorities.”☠️🤮⚰️☠️🤮⚰️ 

Genna Beier
Genna Beier
Deputy Public Defender
Immigration Unit
San Francisco

Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.

 

Round Table Member Judge Ilyce Shugall & Genna Beier, Deputy Public Defender report:

Hi all,

 

I write with wonderful news from the Zepeda Rivas crew. Judge Chhabria granted our motion for provisional class certification and motion for temporary restraining order. See attached!

 

He found that “the plaintiffs have demonstrated an exceedingly strong likelihood that they will prevail on their claim that current conditions at the facilities violate class members’ due process rights by unreasonably exposing them to a significant risk of harm.”

 

He also faulted the government for failing to be ready with basic information about class members:

 

“[C]ounsel for ICE asserted that it will take a significant amount of time for the agency to prepare a list of detainees with health vulnerabilities because it is ‘burdensome.’ The fact that ICE does not have such a list at the ready, six weeks after Governor Newsom shut down the entire state and one week after this lawsuit was filed, speaks volumes about where the safety of the people at these facilities falls on ICE’s list of priorities.” (emphasis added). ZING!!

 

He ordered ICE to provide records. Then, we will begin a process of individualized “bail” applications (“[T]his Court—likely with the assistance of several Magistrate Judges—will consider bail applications from class members over a roughly 14-day period.”). We don’t know yet what that process will look like, and we’ll have an opportunity to discuss it at a case management conference tomorrow. We’ll update you, of course.

 

If you haven’t already, please fill out the attached form for your clients! At tomorrow’s hearing want to be able to give the judge a survey of the individuals for whom we have clear release plans, for example. (Tips: try to use Adobe; if all else fails, save as PDF and email to me).

 

Lastly, we’ve got an amazing team of ACLU, SFPD, LCCR and UC Berkeley Law School people ready to take calls from unrepresented people in detention to start gathering info for bail applications. Please tell your clients to spread the following Lyon pin to others in their dorm who do not have attorneys to fill out these forms for them.

 

NUMBER TO CALL FOR UNREPRESENTED FOLKS: 7654

 

Folks will be on shifts taking calls from 9:00 am to 9:00 pm. Spread the word!

 

Genna

************************

Congratulations, Team!👍🏼👍🏼👍🏼👍🏼👍🏼

Thank goodness! Another courageous U.S. District Judge refusing to “buy into” the regime’s disingenuous, immoral “no problem until the bodies start piling up, it’s only the lives of migrants, not ‘real humans’” approach.

Imagine what would happen if all Federal Judges were willing to act on their oaths of office and uniformly reject all aspects of the regime’s unlawful, unconstitutional “Dred Scottification” program directed at “deterrence through death, disease, and dehumanization.” What would it take? What if the families of Federal Judges were treated with the same basic disregard for due process, life, health, and human dignity as the regime inflicts on migrants? What if the corrupt officials carrying out these programs and the lawyers who defend them were actually held accountable for their actions by the Federal Courts rather than largely being given “free passes”?

What if we had a Government that actually respected our Constitution rather than seeking to shred it?

Due Process Forever!

 

PWS

05-01-20

Related posts:

  1. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  2. IMMIGRATION COURTS: “MALICIOUS INCOMPETENCE ON STEROIDS” — With Court System Reeling & Asylum Applicants Suffering, Administration Plans Another Round Of Massive “Aimless Docket Reshuffling” (“ADR”), Reports Hamed Aleaziz @ BuzzFeed News!
  3. CLEAR AS MUD: Politicized Immigration “Courts” Continue To Bobble The Message In The Time Of Plague, Endangering Their Own Employees, Attorneys, & The Public!  — America’s Clown Courts 🤡☠️ Enter A Deadly New Phase As Feckless Article III Courts Watch The Show Go On! —“I don’t know who’s making the calls, but they’re wrong.” — DUH!
  4. SENATORS DEMAND IG INVESTIGATE BIAS, CORRUPTION, GROSS MISMANAGEMENT @ EOIR!

LET THE ABUSES CONTINUE, FOR NOW: 9th Cir. Narrows Injunction, Gives Regime More Time To Run To Supremes In “Let ‘Em Die in Mexico” Case!

Alicia A. Caldwell
Alicia A. Caldwell
Immigration Reporter
Wall Street Journal

Brent Kendall
Brent Kendall
Legal Reporter
Wall Street Journal

https://www.wsj.com/articles/court-that-blocked-remain-in-mexico-policy-allows-trump-plan-to-continue-for-now-11583384892?emailToken=3d88d04ba6e0267b24183aeb003a59841pEMx5ESI74stBjp+ZpKYErsxvBZHs4r7z2JEGHjqSpm7KZjdf8IJ/iZcdhOB2Ytav16Qr6r69LWwl/7qGG8nBDWbh74ZK0/s0LOHmwoISQqsM1pgRKc/uJmRZWGyLejN3fPtK25mg+isMJHOciZTg%3D%3D&reflink=article_email_share

Brent Kendall and Alicia Caldwell report for the WSJ:

A fed­eral ap­peals court for now agreed to nar­row the ef­fect of its re­cent rul­ing that blocked a Trump ad­min­is­tra­tion pol­icy of re­turn­ing im­mi­grants at the south­ern U.S. bor­der to Mex­ico while their re­quests for asy­lum are con­sid­ered.

The San Fran­cisco-based Ninth U.S. Cir­cuit Court of Ap­peals, in an or­der is­sued Wednes­day, said it ruled cor­rectly last week that the ad­min­is­tration’s “Re­main in Mex­ico” pol­icy is un­law­ful. But the court ac­knowl­edged the “in­tense and ac­tive con­troversy” over na­tion­wide in­junc­tions against ad­min­istra­tion poli­cies and said it would limit its rul­ing for now to the two bor­der states within its ju­ris­diction: Ari­zona and Cal­i­fornia.

. . .

The Ninth Cir­cuit also said none of its rul­ing would go into ef­fect un­til March 12, to give the Trump ad­min­is­tra­tion a week to ask the Supreme Court for an emer­gency stay to keep the pol­icy in place every-where for the time be­ing.

*******************

The plaintiffs have already “won” this case about the regime’s unlawful actions twice. But, they are yet to get any meaningful relief. Instead, folks continue to suffer and be irreparably harmed while the wheels of justice slowly grind.

PWS

03-06-20

Related posts:

  1. FINALLY: SPLIT 9TH CIR PANEL ENTERS NATIONWIDE INJUNCTION AGAINST “LET ‘EM DIE IN MEXICO” A/K/A “MIGRANT ‘PROTECTION’ PROTOCOLS” — Innovation Law Lab v. Wolf
  2. “SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were THEIR Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”

WELL, THAT DIDN’T TAKE LONG: After Enjoining the Regime’s “Let ‘Em Die in Mexico” Program On Friday, 9th Cir. Appeals Panel Later “Suspends” Its Order Pending Further Responses From The Parties — Gov’s Illegal Abuse of Asylum Seekers Allowed to Continue for Now!

 

https://apple.news/AdZkiR13zQPmHAlPE8ZIKXw

Elliott Spagat
Elliott Spagat
Reporter
Associated Press

 

Elliott Spagat reports for AP:

 

SAN DIEGO (AP) — A 9th U.S. Circuit Court of Appeals panel voted unanimously Friday to suspend an order it issued earlier in the day to block a central pillar of the Trump administration’s policy requiring asylum seekers to wait in Mexico while their cases wind through U.S. courts.

The three-judge panel told the government to file written arguments by the end of Monday and for the plaintiffs to respond by the end of Tuesday.

The Justice Department said at least 25,000 asylum seekers subject to the policy are currently waiting in Mexico and expressed “massive and irreparable national-security of public-safety concerns.”

Government attorneys said immigration lawyers had begun demanding that asylum seekers be allowed in the United States, with one insisting that 1,000 people be allowed to enter at one location.

“The Court’s reinstatement of the injunction causes the United States public and the government significant and irreparable harms — to border security, public safety, public health, and diplomatic relations,” Justice Department attorneys wrote.

Customs and Border Protection had already begun to stop processing people under the policy.

ACLU attorney Judy Rabinovitz called the suspension of Friday’s order “a temporary step.”

“We will continue working to permanently end this unspeakably cruel policy,” she said.

. . . .

*************************

 

Read the full report at the link.

 

Remember what I said in my post yesterday: “But, hold the ‘victory dance.’” It’s not over till it’s over. And this one might not be over until the regime sends the last asylum seeker to death or into harm’s way, thereby achieving their “ultimate deterrent” at the expense of human lives and the rule of law.

 

Of course, the Government’s health, national security, and public safety concerns are phony as a three-dollar bill. But, that might or might not make any difference.

 

Stay tuned.

 

PWS

 

02-29-20

 

Related posts:

  1. FINALLY: SPLIT 9TH CIR PANEL ENTERS NATIONWIDE INJUNCTION AGAINST “LET ‘EM DIE IN MEXICO” A/K/A “MIGRANT ‘PROTECTION’ PROTOCOLS” — Innovation Law Lab v. Wolf
  2. IMMIGRATION COURTS: “MALICIOUS INCOMPETENCE ON STEROIDS” — With Court System Reeling & Asylum Applicants Suffering, Administration Plans Another Round Of Massive “Aimless Docket Reshuffling” (“ADR”), Reports Hamed Aleaziz @ BuzzFeed News!
  3. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  4. “SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were THEIR Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  

FINALLY: SPLIT 9TH CIR PANEL ENTERS NATIONWIDE INJUNCTION AGAINST “LET ‘EM DIE IN MEXICO” A/K/A “MIGRANT ‘PROTECTION’ PROTOCOLS” — Innovation Law Lab v. Wolf

9thMPPInjunction

Innovation Law Lab v. Wolf, 9th Cir., 02-28-20, published

PANEL:  Ferdinand F. Fernandez, William A. Fletcher, and Richard A. Paez, Circuit Judges.

OPINION BY:  Judge William A. Fletcher

DISSENTING OPINION:  Judge Ferdinand F. Fernandez

KEY QUOTE FROM MAJORITY:

In addition to likelihood of success on the merits, a court must consider the likelihood that the requesting party will

 

INNOVATION LAW LAB V. WOLF 49

suffer irreparable harm, the balance of the equities, and the public interest in determining whether a preliminary injunction is justified. Winter, 555 U.S. at 20. “When the government is a party, these last two factors merge.” Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1092 (9th Cir. 2014) (citing Nken v. Holder, 556 U.S. 418, 435 (2009)).

There is a significant likelihood that the individual plaintiffs will suffer irreparable harm if the MPP is not enjoined. Uncontested evidence in the record establishes that non-Mexicans returned to Mexico under the MPP risk substantial harm, even death, while they await adjudication of their applications for asylum.

The balance of equities favors plaintiffs. On one side is the interest of the Government in continuing to follow the directives of the MPP. However, the strength of that interest is diminished by the likelihood, established above, that the MPP is inconsistent with 8 U.S.C. §§ 1225(b) and 1231(b). On the other side is the interest of the plaintiffs. The individual plaintiffs risk substantial harm, even death, so long as the directives of the MPP are followed, and the organizational plaintiffs are hindered in their ability to carry out their missions.

The public interest similarly favors the plaintiffs. We agree with East Bay Sanctuary Covenant:

On the one hand, the public has a “weighty” interest “in efficient administration of the immigration laws at the border.” Landon v. Plasencia, 459 U.S. 21, 34 (1982). But the public also has an interest in ensuring that “statutes enacted by [their] representatives”

 

50 INNOVATION LAW LAB V. WOLF

are not imperiled by executive fiat. Maryland v. King, 567 U.S. 1301, 1301 (2012) (Roberts, C.J., in chambers).

932 F.3d at 779 (alteration in original).

VII. Scope of the Injunction

The district court issued a preliminary injunction setting aside the MPP—that is, enjoining the Government “from continuing to implement or expand the ‘Migrant Protection Protocols’ as announced in the January 25, 2018 DHS policy memorandum and as explicated in further agency memoranda.” Innovation Law Lab, 366 F. Supp. 3d at 1130. Accepting for purposes of argument that some injunction should issue, the Government objects to its scope.

We recognize that nationwide injunctions have become increasingly controversial, but we begin by noting that it is something of a misnomer to call the district court’s order in this case a “nationwide injunction.” The MPP operates only at our southern border and directs the actions of government officials only in the four States along that border. Two of those states (California and Arizona) are in the Ninth Circuit. One of those states (New Mexico) is in the Tenth Circuit. One of those states (Texas) is in the Fifth Circuit. In practical effect, the district court’s injunction, while setting aside the MPP in its entirety, does not operate nationwide.

For two mutually reinforcing reasons, we conclude that the district court did not abuse its discretion in setting aside the MPP.

 

INNOVATION LAW LAB V. WOLF 51

First, plaintiffs have challenged the MPP under the Administrative Procedure Act (“APA”). Section 706(2)(A) of the APA provides that a “reviewing court shall . . . hold unlawful and set aside agency action . . . not in accordance with law.” We held, above, that the MPP is “not in accordance with” 8 U.S.C. § 1225(b). Section 706(2)(A) directs that in a case where, as here, a reviewing court has found the agency action “unlawful,” the court “shall . . . set aside [the] agency action.” That is, in a case where § 706(2)(A) applies, there is a statutory directive—above and beyond the underlying statutory obligation asserted in the litigation—telling a reviewing court that its obligation is to “set aside” any unlawful agency action.

There is a presumption (often unstated) in APA cases that the offending agency action should be set aside in its entirety rather than only in limited geographical areas. “[W]hen a reviewing court determines that agency regulations are unlawful, the ordinary result is that rules are vacated—not that their application to the individual petitioners is proscribed.” Regents of the Univ. of Cal. v. U.S. Dep’t of Homeland Sec., 908 F3d 476, 511 (9th Cir. 2018) (internal quotation marks omitted). “When a court determines that an agency’s action failed to follow Congress’s clear mandate the appropriate remedy is to vacate that action.” Cal. Wilderness Coalition v. U.S. Dep’t of Energy, 631 F.3d 1072, 1095 (9th Cir. 2011); see also United Steel v. Mine Safety & Health Admin., 925 F.3d 1279, 1287 (D.C. Cir. 2019) (“The ordinary practice is to vacate unlawful agency action.”); Gen. Chem. Corp. v. United States, 817 F.2d 844, 848 (D.C. Cir. 1987) (“The APA requires us to vacate the agency’s decision if it is ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law . . . .”).

 

52 INNOVATION LAW LAB V. WOLF

Second, cases implicating immigration policy have a particularly strong claim for uniform relief. Federal law contemplates a “comprehensive and unified” immigration policy. Arizona v. United States, 567 U.S. 387, 401 (2012). “In immigration matters, we have consistently recognized the authority of district courts to enjoin unlawful policies on a universal basis.” E. Bay Sanctuary Covenant, 932 F.3d at 779. We wrote in Regents of the University of California, 908 F.3d at 511, “A final principle is also relevant: the need for uniformity in immigration policy. . . . Allowing uneven application of nationwide immigration policy flies in the face of these requirements.” We wrote to the same effect in Hawaii v. Trump, 878 F.3d 662, 701 (9th Cir. 2017), rev’d on other grounds, 138 S. Ct. 2392 (2018): “Because this case implicates immigration policy, a nationwide injunction was necessary to give Plaintiffs a full expression of their rights.” The Fifth Circuit, one of only two other federal circuits with states along our southern border, has held that nationwide injunctions are appropriate in immigration cases. In sustaining a nationwide injunction in an immigration case, the Fifth Circuit wrote, “[T]he Constitution requires ‘an uniform Rule of Naturalization’; Congress has instructed that ‘the immigration laws of the United States should be enforced vigorously and uniformly’; and the Supreme Court has described immigration policy as ‘a comprehensive and unified system.’” Texas v. United States, 809 F.3d 134, 187–88 (5th Cir. 2015) (emphasis in original; citations omitted). In Washington v. Trump, 847 F.3d 1151 (9th Cir. 2017), we relied on the Fifth Circuit’s decision in Texas to sustain the nationwide scope of a temporary restraining order in an immigration case. We wrote, “[W]e decline to limit the geographic scope of the TRO. The Fifth Circuit has held that such a fragmented immigration policy would run afoul of the

 

INNOVATION LAW LAB V. WOLF 53 constitutional and statutory requirement for uniform

immigration law and policy.” Id. at 1166–67. Conclusion

We conclude that the MPP is inconsistent with 8 U.S.C. § 1225(b), and that it is inconsistent in part with 8 U.S.C. § 1231(b). Because the MPP is invalid in its entirety due to its inconsistency with § 1225(b), it should be enjoined in its entirety. Because plaintiffs have successfully challenged the MPP under § 706(2)(A) of the APA, and because the MPP directly affects immigration into this country along our southern border, the issuance of a temporary injunction setting aside the MPP was not an abuse of discretion.

We lift the emergency stay imposed by the motions panel, and we firm the decision of the district court.

****************************

At last, a breath of justice in halting, at least temporarily, an outrageously illegal program that is also a grotesque violation of our national values and humanity. Unfortunately, it has already resulted in thousands of injustices and damaged many lives beyond repair. That’s something that a clueless shill for authoritarianism, wanton cruelty, and abrogation of the rule of law like dissenting Judge Fernandez might want to think about. 

But, hold the “victory dance.” The regime will likely seek “rehearing en banc,” appealing to other enablers of human rights atrocities like Fernandez. And, if the regime fails there, they always can “short circuit” the legal system applicable to everyone else by having Solicitor General Francisco ask his GOP buddies on the Supremes, “The JR Five,” to give the regime a free pass. As Justice Sotomayor pointed out, that type of “tilt” has already become more or less “business as usual” as the regime carries out its nativist, White Nationalist immigration agenda. Indeed, Justices Gorsuch and Thomas have already announced their eagerness to carry the regime’s water for them by doing away with nationwide injunctions, even though they are the sole way for doing justice in immigration cases like this. 

But, at least for today, we can all celebrate a battle won by the New Due Process Army in the ongoing war to restore our Constitution, the rule of law, and human dignity.

Due Process Forever!

PWS 

02-29-20

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