🗽⚖️😎👍 ANOTHER “W” FOR THE GOOD GUYS 😇 — ROUND TABLE 🛡️⚔️ ON THE WINNING TEAM AGAIN, AS BIA REJECTS DHS’S SCOFFLAW ARGUMENTS ON NOTICE! — Matter of Luis AGUILAR HERNANDEZ — “Sir Jeffrey” 🛡️ Chase Reports!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

A Victory before the BIA!

Hi All: I hope you are not getting tired of all the winning. Today, the BIA issued a precedent decision on the whole Pereira and Niz-Chavez jurisdictional issue involving service of a defective NTA (link attached) in which our Round Table submitted an amicus brief drafted for us by our own Sue Roy.And the BIA actually agreed with us!!!

The holding:

The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. § 1003.30 and inconsistentwith the Supreme Court’s decision in Niz-Chavez v. Garland, 593 U.S. 155 (2021).

Here’s the link to the full decision:

https://www.justice.gov/d9/2024-01/4071.pdf

Of course, our brief was not acknowledged in the Board’s decision.

A thousand thanks to Sue and to all in this group who have repeatedly signed on in support of due process.

As a reminder, we still await a decision from the Supreme Court on whether Pereira and Niz-Chavez extend to in absentia orders of removal. Oral arguments in that case were heard earlier this month, and our brief was mentioned in response to a question by Chief Justice Roberts.

Best, Jeff

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

Hon. Susan G. Roy
“Our Hero” 🦸‍♂️ Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Knightess
Knightess of the Round Table

Want to meet Judge Sue Roy in person and learn from her in a small group setting? You’re in luck! (HINT: She’s not only a very talented lawyer and teacher, but she’s also very entertaining and down to earth in her “Jersey Girl Persona!”)

Jersey Girls
“Don’t mess with Jersey Girls! They’ll roll right over you — in or out of court.”
Creative Commons License

The Round Table 🛡️ will be well-represented by Judge Roy, Judge Lory Diana Rosenberg, and me at the upcoming Sharma-Crawford Clinic 7th Annual Immigration Court Trial Advocacy College in Kansas City, MO, April 24-26, 2024! We’ll be part of a  faculty of all-star 🌟 NDPA litigators who are there to help every attendee sharpen skills and reach their full potential as a fearless litigator in Immigration Court — and beyond!

Here’s the registration information:

🗽⚖️😎 SEE YOU AT THE SHARMA-CRAWFORD CLINIC TRIAL COLLEGE IN K.C. IN APRIL! — Guaranteed To Be Warmer Than Last Saturday’s Playoff Game!

Kansas City here we come! Hope to see you there!

Fats Domino
“Walk in the footsteps of the greats! Join us in KC in April!” Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980
PHOTO: Creative Commons

🇺🇸 Due Process Forever!

PWS

02-01-24

GONZO’S WORLD: ICE SPOKESMAN QUITS AFTER BEING ORDERED TO LIE IN SUPPORT OF SESSIONS/HOMAN FALSE NARRATIVE ON IMMIGRANTS & CRIME — “I quit because I didn’t want to perpetuate misleading facts!”

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

James Hohmann reports in the Washington Post “Daily 202:”

Jeff Sessions attacked Oakland's mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

Jeff Sessions attacked Oakland’s mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

— “The San Francisco spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as ‘false’ and ‘misleading’ statements made by top-ranking officials, including Attorney General Jeff Sessions and ICE Acting Director Thomas D. Homan,”Meagan Flynn reports. “The now-former spokesman, James Schwab, told news outlets late Monday that his resignation stemmed from statements by Homan and Sessions that potentially hundreds of ‘criminal aliens’ evaded ICE during a Northern California raid in February because Oakland Mayor Libby Schaaf warned the immigrant community in advance. Schwab said he pushed back on that characterization — but said ICE instructed him to ‘deflect’ questions from the press.”

“I quit because I didn’t want to perpetuate misleading facts,” he told the San Francisco Chronicle. “I asked them to change the information. I told them that the information was wrong, they asked me to deflect, and I didn’t agree with that. Then I took some time and I quit. … I didn’t feel like fabricating the truth to defend ourselves against her actions was the way to go about it.”

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

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

 

It’s not like James Schwab and James Hohmann are the only ones calling out Trump & Sessions for their consistent lies and misrepresentations about immigration. As reported by the always amazing Tal Kopan @ CNN last week, California Governor Jerry Brown essentially issued the same warning that you can’t believe much of anything that comes out of our Attorney General’s mouth:

“California Gov. Jerry Brown fired back at Attorney General Jeff Sessions and President Donald Trump on Wednesday after their lawsuit challenging the state’s immigration laws, calling the administration “full of liars” and repeatedly referencing the special counsel investigation into Russian meddling in the 2016 US election.

The Democratic governor was speaking on the heels of Sessions’ visit to Sacramento to announce a lawsuit against California for its so-called sanctuary policies of non-cooperation with federal immigration enforcement.
In slamming Sessions’ appearance as a “political stunt” that was full of “lies” and untruths, Brown needled Sessions personally and his relationship with the President, which is famously fraught.
“I do think this is pure red meat for the base, and I would assume — this is pure speculation — that Jeff thinks Donald will be happier with him and I bet Donald will be tweeting his joy with this stunt,” Brown said.”
************************************
You can read both Hohmann’s and Tal’s complete articles at the links.
Sadly, the Trump Administration as a whole, and Jeff Sessions in particular, have made lies, misrepresentations, and knowingly false narratives a staple of their tortured and often illegal immigration policies. I think that, rather than “biased Federal Judges” as disingenuously claimed by Sessions, has led to an impressive string of losses for the Administration and the DOJ in the lower Federal Courts on immigration issues.
I predict that the losing has just begun. If and when Sessions follows through on his apparent plan to destroy the U.S. Immigration Court System, literally thousands of cases are likely to be sent back or permanently blocked by legal rulings in the Circuit Courts.
Although Sessions arrogantly claims that a majority of the Supremes are “in the Administration’s pocket” and therefore can be counted on to overrule the Circuits, fact is that the Supremes can’t and won’t take every big immigration case the Government loses. So, Trump and Sessions better get used to “living with defeat.”  It’s going to become a way of life, as our immigration and justice systems deteriorate under this Administration’s toxic leadership.
PWS
03-14-18

APOCALYPTO NOW! — CAL TO GONZO: “BRING IT ON, BABY!”

http://enewspaper.latimes.com/infinity/latimes/default.aspx?pubid=50435180-e58e-48b5-8e0c-236bf740270e

From the LA Times Editorial Board:

Jeff Sessions vs. California
Ironically, the attorney general’s lawsuit could help dispel myths about ‘sanctuary state’ laws.
Atty. Gen. Jeff Sessions warned California on Wednesday that “there is no secession” from federal jurisdiction as he appeared before members of the California Peace Officers Assn. in Sacramento to announce a lawsuit against three so-called sanctuary state laws. His claims drew immediate rebukes from state officials, with Gov. Jerry Brown’s initial response after the suit was filed late Tuesday standing as one of the better jabs: “At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!” He followed it at a news conference with another shot at Sessions, a former U.S. senator: “A fellow from Alabama talking to us about secession?” Grab the popcorn; this could get interesting.

Oddly, we (sort of) welcome the Trump administration’s legal challenge in hopes that it will clarify not just for state officials but for the federal government where the lines of responsibility and culpability might lie. We suspect the courts will side with California on most if not all of the legal issues Session’s lawsuit raises, and in the process could underscore the reality that California’s menu of state and local laws limiting involvement with federal immigration enforcement do not offer anyone anything remotely like sanctuary.

Just consider the statistics provided in its lawsuit. Last year, 14% of Immigration and Customs Enforcement arrests occurred in California. So far this year, the state accounts for 13% of the national total. So the laws at issue don’t seem to have done much to hinder enforcement here.

The federal challenge hinges on the Constitution’s “supremacy clause,” which says federal laws take precedence over state laws. That’s true, but that doesn’t mean the federal government can dragoon state authorities into enforcing federal statutes. Similarly, states should not craft laws on immigration policy — that’s a federal responsibility — and should not undermine the federal government as it enforces its own immigration codes. But the state laws at issue here do not set immigration policy. As the news website Vox points out, the federal lawsuit isn’t really about restoring ICE’s abilities, “but rather about making it easier for the agency to do its job.” California isn’t stopping federal enforcement (a recent series of raids up and down the state are proof of that); it is saying that it won’t help.

That’s more than just a legitimate position — it’s one that local law enforcement officials insist is better for public safety. There’s research to back them up, too. When local communities view police, who are responsible for enforcing criminal laws and protecting public safety, as immigration enforcers in a different uniform, fewer crimes get reported and fewer witnesses come forward. That undermines community safety and the criminal justice system.

Do some specific elements of the state laws at issue cross the line from non-involvement to impediment? That’s a good question for the courts. One of the laws tells businesses that they can’t voluntarily cooperate with immigration agents, which could be an overstep — what right does a state have to tell a private business when it can and can’t offer information to federal officials? But another law targeted by Sessions helps the state carry out its duty to ensure the safety of public facilities. That measure establishes a state inspection regimen of facilities with which the federal government contracts to house detainees. The vast majority of those, including the Adelanto Detention Facility in San Bernardino County, are owned and operated by private corporations, and the state has a responsibility to make certain such facilities meet state health and safety codes even if the sole customer is the federal government.

What this lawsuit really is about is politics. California political leaders have persistently challenged a wide range of Trump administration policies. Brown is the main figure in a global coalition of sub-national governments seeking to meet global-warming emissions under the Paris Agreement that Trump is walking away from. State Atty. Gen. Xavier Becerra has sued the administration over the suspension of the Deferred Action for Childhood Arrivals program, the travel ban, a Trump rule allowing more employers to stop offering insurance coverage for birth control, and on and on.

For the administration, liberal and ethnically diverse California is the America its political supporters hate, and this lawsuit is another front in our ongoing culture wars. So as state Senate President Pro Tem Kevin de León tweeted, “bring it on.” Clarifying these lines of responsibility just might do everyone some good.

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

Jeff “Gonzo Apocalypto” Sessions might wish he hadn’t started this civil war. California doesn’t have much to lose by defending its laws. But, Gonzo could see all or part of his attack on American communities go down in flames!

As this editorial suggests, it’s probably time to have this fought out in  court, rather than in the battle of words and insults.

On the other hand, at a time when the country is faced with many other real problems, this kind of unnecessary fight picked by Sessions on behalf of Trump and the White Nationalists seems like a waste of time and resources that could be better spent elsewhere. But, wasting the taxpayers’ money while lining the pockets of the rich is one of the hallmarks of the Trump Administration.

PWS

03-08-18

 

LA TIMES: MAJORITY OF CALIFORNIANS VALUE MIGRANTS (REGARDLESS OF STATUS) — OPPOSE TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT!

http://enewspaper.latimes.com/infinity/latimes/default.aspx?pubid=50435180-e58e-48b5-8e0c-236bf740270e

Jasmine Ulloa reports for the LA Times:

“Despite the Trump administration’s repeated attempts to frame illegal immigration as a threat to public safety, the poll also found an overwhelming majority believe that people without legal residency help revitalize cities as opposed to increasing crime.

The survey results, poll analysts and policy experts said, reflect ongoing trends in California, where through the decades the public has tended to support immigrants in the country illegally, even when federal or state political leaders have stoked anti-immigrant sentiment to rally their bases.

“We have seen this in California forever,” said Jill Darling, the survey director for the Center for Economic and Social Research at USC. “People, including Republicans, have been more supportive of immigrants and reform, even to the point of supporting a path to citizenship, more so than Republican leadership.”

Most poll participants also expressed positive perceptions of people without legal residency in the country.

Nearly 63% of people surveyed said they believed immigrants without legal status strengthened the economy, as opposed to roughly 38% who said they took away jobs. Sixty-six percent said immigrants in the country illegally helped revitalize cities, and about 34% — including more than 72% of Republicans — believed they increased crime.

Policy experts said the poll results reflect the explosive growth of Latinos, Asians and other minority communities that tend to lean Democratic. California’s families are so diverse, they said, that nearly everyone knows someone who came to the country as an immigrant — legally or illegally.

It also reflects a shift away from the “us-versus-them” rhetoric that damaged the Republican brand in the 1990s, political consultants and immigration policy experts said. During that time, Gov. Pete Wilson was criticized for using footage of people running across the border to dramatize the problem of illegal immigration, and voters passed propositions to bar immigrants in the country illegally from public benefits, outlaw affirmative action programs and teach only English in schools.

That “no longer reflects our reality,” said Mindy Romero, director of the California Civic Engagement Project. “In a state like California, immigrants are us.”

Andrew Medina, state policy manager for Asian Americans Advancing Justice, said he wasn’t surprised by the results of the poll — or by the approval among California residents for the sanctuary state law. A study released in February by the Public Policy Institute of California found that a solid majority of Californians believe the state and local governments should make their own policies and take action to protect the rights of immigrants who are here illegally.

The final language of the sanctuary state law was the result of months of tough negotiations among Gov. Jerry Brown, Senate leader and bill author Kevin de León (D-Los Angeles), and law enforcement officials.

It will largely prohibit state and local law enforcement agencies from holding or sharing information about people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state law.

Federal immigration authorities still will be able to work with state corrections officials — a key concession Brown had demanded — and will be able to enter county jails to question immigrants. But the state attorney general’s office will be required to publish guidelines and training recommendations to limit immigration agents’ access to personal information.

“It is positive that these polls show that there is support for immigrant communities, and it is especially positive in this era,” Medina said.

Still, Romero advised caution.

“Discrimination against immigrants is very real and a danger,” she said, pointing to anti-immigrant rhetoric at the national level. “I think we can’t rest on a changing landscape in California and just assume that things will continue to be more receptive and open.”

 

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

Read the complete article at the link.

The Trump-Sessions-Miller-Bannon bogus White Nationalist program of portraying bigotry and racism as “law enforcement” ultimately will fail. Truth will win out. But, that doesn’t mean that lots of damage won’t be inflicted along the way by restrictionists on vulnerable individuals, their defenders, our society, our economy, and our international leadership and reputation.

Resist the false messages with truth! Support truth with action!

PWS

11-12-17

NEW FROM THE HILL: N. RAPPAPORT SAYS “NO” TO MOST OF CAL SB 54, BUT WOULD LIKE TO FIND A COMPROMISE LEGISLATIVE SOLUTON TO HELP DREAMERS AND OTHER UNDOCUMENTED RESIDENTS!

http://www.huffingtonpost.com/entry/59dad902e4b08ce873a8cf53

In encourage you to go over to The Hill at the above link and read Nolan’s complete article. As always, whether you agree with Nolan or not, his articles are always thought-provoking and timely. Nolan is definitely a “player” in the immigration dialogue! (And, frankly, by going over to The Hill, Nolan gets a few more “hits” which give him a few more “hard-earned nickels” in his pockets. Gotta help out my fellow retirees!)

I can agree with Nolan’s bottom line:

“It would be better to help undocumented aliens by working on comprehensive immigration reform legislation that meets essential political needs of both parties.”

The challenge will be figuring out what those points might be. So far, the GOP “Wish List” is basically an “incendiary White Nationalist screed” drafted by notorious racist xenophobe Stephen Miller (probably with backing from Sessions and certainly incorporating parts of Steve Bannon’s alt-right White Nationalist world view) that contains virtually nothing that any Democrat, or indeed any decent person, could agree with. Indeed, the very involvement of Miller in the legislative process is a “gut punch” to Democrats and whatever “moderate GOP” legislators remain.

What are some “smart enforcement” moves that Democrats could agree with: more funding for DHS/ICE technology; improvements in hiring and training for DHS enforcement personnel; U.S. Immigration Court reforms;  more attorneys and support (including paralegal support) for the ICE Legal Program; more funding for “Know Your Rights” presentations in Detention Centers.

But more agents for “gonzo enforcement,” more money for immigration prisons (a/k/a the “American Gulag”), and, most disgustingly, picking on and targeting scared, vulnerable kids seeking protection from harm in Central America by stripping them of their already meager due process protections: NO WAY!

Although “The Wall” is a money wasting folly with lots of negative racial and foreign policy implications, it probably comes down to a “victory” that Democrats could give to Trump and the GOP without actually hurting any human beings, violating any overriding principles of human rights law, or diminishing Constitutional Due process. It also inflicts less long-term damage on America than a racially-oriented “point system” or a totally disastrous and wrong-headed decrease in legal immigration when the country needs the total opposite, a significant increase in legal immigration opportunities, including those for so-called “unskilled labor.”

While this GOP Congress will never agree to such an increase — and therefore workable “Immigration Reform” will continue to elude them — the Democrats need to “hold the line” at current levels until such time as Americans can use the ballot box to achieve a Congress more cognizant of the actual long-term needs of the majority of Americans.

PWS

10-09-17

 

WASHPOST: CALIFORNIA LEADS THE WAY WITH SANE IMMIGRATION ENFORCEMENT POLICY!

https://www.washingtonpost.com/opinions/trumps-immigration-crackdown-hits-a-speed-bump/2017/09/18/d2cfe5e2-9caf-11e7-9083-fbfddf6804c2_story.html?utm_term=.71f46f2f1bb2

The Editorial Board writes:

“PRESIDENT TRUMP’S campaign against immigrants who are in the country illegally has triggered a backlash in some Democratic-leaning states and localities. Perhaps the most sweeping example just emerged from the state legislature in California, which extended so-called sanctuary protections to people who lack legal authorization to live in the United States. Gov. Jerry Brown (D) agreed to sign the legislation, known as the California Values Act, after insisting on changes that injected a much-needed dollop of restraint to the original bill, which disregarded public safety in its determination to shield illegal immigrants.

The bill’s supporters boast that it has made California, where at least a fifth of the nation’s roughly 11 million undocumented immigrants live, the first bona fide “sanctuary state.” Local police and sheriffs may no longer ask about people’s immigration status in many cases, nor hold most detainees behind bars at the request of federal immigration agents.

Similar if less sweeping laws in scores of cities and counties nationwide have infuriated the Trump administration, prompting the Justice Department’s counterproductive threat to withhold federal law enforcement funds from so-called sanctuary localities. In a challenge to that threat brought by Chicago, a federal judge ruled last week that the funds could not be withheld without Congress’s say-so.

The California bill, like the court ruling, limits the administration’s enforcement discretion. It does so in keeping with common sense.

In its modified form, the bill, passed by lawmakers on a straight party-line vote, allows — but does not require — localities to cooperate in detaining and handing over undocumented immigrants convicted of one or more on a list of some 800 violent and serious crimes. They include sex offenses, arson, domestic violence and even some lesser crimes chargeable either as misdemeanors or felonies.

It’s critical that even the state’s most liberal precincts — we’re talking to you, San Francisco — receive that message. It’s one thing to stand on the principle that illegal immigrants, most of whom have been in the country for 15 years or more, are a productive and vital part of America’s social fabric. It’s another to turn a blind eye to undocumented residents who have committed major crimes, imperil public safety and should be removed. As Mr. Brown put it on NBC’s “Meet the Press,” those who have committed serious crimes “have no business being in the country.”

 

The final bill allows more cooperation between federal and local law enforcement agencies than many advocates for illegal immigrants would like. Immigration agents will be allowed to interview people in jails, though they’ll be barred from setting up offices in them, and they’ll have access to some California enforcement databases under rules set by the state attorney general.

The attempt at striking a legislative balance prompted the state police chiefs’ association, but not the sheriffs’ association, to drop its initial opposition to the bill. The generally more lenient stance by police reflects the challenge they face in cultivating strong relations with immigrant communities, without which neither victims nor witnesses will cooperate with them. Such on-the-ground facts have carried the day in California. The administration should take note.”

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

Facts don’t matter in Gonzo Apocalypto’s White Nationalist crusade against immigrants and Latinos. His sanctuary cities threats have never had anything to do with effective law enforcement. He hasn’t shown any interest in understanding the legal and law enforcement issues here, nor has he ever tried to sit down with state and local authorities with an open mind to find common ground that accommodates the legitimate needs of both the Feds and the locals.

In a recent NY Times article, one sheriff pointed to Sessions’s willful ignorance of the law:

“A meeting this spring between Mr. Sessions and several sheriffs offered one reason the Trump administration may seem so far out of sync with local authorities on the issue. According to one sheriff who was there — Richard Stanek of Hennepin County, Minn. — when the federal court decisions from the last three years concerning extended jail holds came up in discussion, Mr. Sessions appeared to be unfamiliar with them.
“He was still living in 2014,” Mr. Stanek said. “He had no idea what we were talking about.”

Legal knowledge has never been a factor in Sessions’s long career built on bias, racism, White Nationalism, and reading false narratives from “cue cards” prepared by restrictionists.  I’m actually surprised that Sessions was only three years behind the times here; most of his policies, pronouncements, and “Gonzo” views are firmly rooted in the “Jim Crow” Alabama of the 1950s and 1960s (although current Alabama politics where twice-defrocked “judge,” racist theocrat Roy Moore is a likely winner to replace Sessions provides little evidence that the nearly all White Alabama GOP electorate has ever gotten out of the Jim Crow era — what a total disgrace!)

Compare Gonzo’s incompetent and tone deaf approach with that of a real public servant like Gov. Jerry Brown who knows how to bridge the gap to achieve a balanced approach. Compare California’s carefully constructed Senate Bill 54 with Texas’s overbroad and racially motivated SB 4, much of which was recently enjoined by a Federal Court. Compare real leadership with the pandering to white restrictionists and divisive actions of Tex. Gov. Greg Abbott and Tex. AG Ken Paxton, who steadfastly fail to represent or consider the legitimate interests of their many Hispanic residents while working with the GOP to disenfranchise minority, primarily Hispanic, voters.  Balance just isn’t a factor in the Trump/Sessions immigration enforcement program or in the actions of unfit public officials like Abbott and Paxton.

PWS

09-19-17

 

CAL LAW PLEASES LA LAW ENFORCEMENT BUT “PO’S” ADMINISTRATION! — LA Says, “We are committed to reducing crime through community partnerships and constitutional policing!” — If only “Gonzo” Shared Those Objectives!

http://www.latimes.com/local/lanow/la-me-ln-mcdonnell-immigration-20170916-story.html

Gale Holland reports for the LA Times:

“California’s new “sanctuary state” bill limiting local law enforcement cooperation with federal immigration agents drew support Saturday from Los Angeles officials, but a stinging rebuke from the Trump administration, whose Justice Department said the measure “undermines national security and law enforcement.”

Mayor Eric Garcetti said he was “grateful” to the legislature, while Police Chief Charlie Beck said the bill built on 40 years of the city’s efforts to foster trust in immigrant communities.

“We are committed to reducing crime through community partnerships and constitutional policing,” said Beck.

The legislation passed early Saturday drastically scaled back the version first introduced, the result of tough negotiations between Gov. Jerry Brown and the bill’s author, Sen. Kevin de León (D-Los Angeles), in the final weeks of the legislative session. The bill, SB 54, must still be signed by the governor.

 

Los Angeles County Sheriff Jim McDonnell, an early and prominent opponent of the bill, said the changes had satisfied his concerns that it would hurt immigrants more than it would help them.

“While not perfect, [the bill] kept intact our ability to maintain partnerships with federal law enforcement officials who help us in the fight against gangs, drugs and human trafficking,” McDonnell said in a written statement. “It also retains the controlled access that the United States Immigration and Customs Enforcement has to our jails.”

The Trump administration, which earlier threatened to withhold federal grants from sanctuary cities, warned that the bill threatened public safety.

“Just last month another illegal alien allegedly killed a community volunteer, yet state lawmakers inexplicably voted today to return criminal aliens back onto our streets,” said Devin O’Malley, a spokesman for the U.S Department of Justice. “This abandonment of the rule of law by the Legislature continues to put Californians at risk, and undermines national security and law enforcement.”

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

Read the rest of the article at the link.

As usual, the DOJ’s inflammatory reference to “another illegal alien” is totally counterproductive and spreads the “Sessions myth” that that the migrant community is synonymous with a crime wave and that gonzo law enforcement is good law enforcement.

But, the Trump Administration actually spends more time and effort removing so-called “collaterals” — individuals with no criminal record — from their communities — than it does either solving or preventing serious crime. And, it is destroying hard-earned trust between local communities and police while further and unnecessarily destroying the already overburdened U.S. Immigration Courts in the process. Now, that’s what I call “gonzo enforcement.” Everybody loses, including the Feds.

Obviously, communities want to remain safe from dangerous individuals. The overwhelming number of undocumented individuals in the community are law abiding residents who share the desire for a safe community in which to raise their families and are more likely to be victims of crime, key witnesses, or police informants than they are to be criminals.

From what I can see, the California law, at the insistence of Governor Brown (who helped out the GOP and the Administration when they punted), has preserved large areas of cooperation between the Feds and locals in taking dangerous individuals who happen to be foreign nationals off the streets. Rather than building upon this, and expressing some appreciation for the work of the Governor’s office in adjusting the bill to meet the legitimate needs for cooperation between state and local authorities, the DOJ just keeps reading from its shopworn (largely imaginary) “parade of horribles” that is intended to scapegoat migrant communities, and even ethnic Americans, many of whom live in those communities, without addressing the realistic needs for cooperative community policing or serious immigration reform.

We’ll see what happens. But, what California has come up with could conceivably serve as a model for smart local-federal cooperation on immigraton enforcement with a future and “smarter” and less ideologically driven DOJ and Administration.

PWS

09-16-17

 

 

CAL LAWMAKERS APPROVE BILL TO PROTECT MIGRANT RESIDENTS! Gov. Brown Expected To Sign Into Law!

http://www.latimes.com/politics/la-pol-ca-california-sanctuary-state-bill-20170916-story.html

Jazmine Ulloa reports for the LA Times:

“California lawmakers on Saturday passed a “sanctuary state” bill to protect immigrants without legal residency in the U.S., part of a broader push by Democrats to counter expanded deportation orders under the Trump administration.

The legislation by Sen. Kevin de León (D-Los Angeles), the most far-reaching of its kind in the country, would limit state and local law enforcement communication with federal immigration authorities, and prevent officers from questioning and holding people on immigration violations.

After passionate debate in both houses of the Legislature, staunch opposition from Republican sheriffs and threats from Trump administration officials against sanctuary cities, Senate Bill 54 was approved Saturday with a 27-11 vote along party lines. But the bill sent to Gov. Jerry Brown drastically scaled back the version first introduced, the result of tough negotiations between Brown and De León in the final weeks of the legislative session.

On the Senate floor minutes before 2 a.m. on Saturday, De León said the changes were reasonable, and reflected a powerful compromise between law enforcement officials and advocates.

“These amendments do not mean to erode the core mission of this measure, which is to protect hardworking families that have contributed greatly to our culture and the economy,” he said. “This is a measure that reflects the values of who we are as a great state.”

It’s a wrap for the California Legislature for 2017. Here’s what lawmakers accomplished
Officially dubbed the “California Values Act,” the legislation initially would have prohibited state and local law enforcement agencies from using any resources to hold, question or share information about people with federal immigration agents, unless they had violent or serious criminal convictions.

After talks with Brown, amendments to the bill made this week would allow federal immigration authorities to keep working with state corrections officials and to continue entering county jails to question immigrants. The legislation would also permit police and sheriffs to share information and transfer people to immigration authorities if they have been convicted of one or more crimes from a list of 800 outlined in a previous law, the California Trust Act.

Some immigrant rights advocates who were previously disappointed with the list of offenses under the Trust Act, were dismayed to see the same exceptions applied in the so-called sanctuary state bill. The list includes many violent and serious crimes, as well as some nonviolent charges and “wobblers,” offenses that can be charged as a felony or misdemeanor, which advocates said has the potential to ensnare people who do not pose a danger to the public.

 

But immigrant rights groups did not withdraw their support for Senate Bill 54 and also won some concessions. Under the additions to the bill, the California Department of Corrections and Rehabilitation would have to develop new standards to protect people held on immigration violations, and to allow immigrant inmates to receive credits toward their sentences serviced if they undergo rehabilitation and educational programs while incarcerated.”

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

Read the full article at the link.

While termed a “Sanctuary State” law, I think that is a misnomer. I’d call it more of a “Smart Immigration Enforcement” law.

The bill provides for a wide scope of cooperation, access, and information sharing aimed at getting dangerous migrants off the streets. At the same time, the bill does limit ICE’s notorious “bait and switch” tactic.

That’s when ICE puts out lots of hyperbole about “removing criminals” and “making communities safer,” while actually using state authorities to assist them in “sacking up” lots of so-called “collaterals” — generally law abiding productive members of the community who are among the millions residing in the United States without status. It’s the latter rather random use of Federal Immigration Enforcement authority that actually hurts communities, sows unnecessary fear, wastes resources, and makes communities less safe for everyone, regardless of status.

It appears that Gov. Brown took a proactive role in achieving this balance, since Republicans evidently were more anxious to pontificate than negotiate. Also, if, Trump and Sessions were truly interested in making America safer, it seems like negotiating deals with the locals that addressed the common need to remove criminals without creating unnecessary barriers between the police and otherwise law abiding members of the community without status would have made more sense than threats and public shaming. It’s also significant that although they had reservations about the compromise version, leaders of the immigrant community strongly supported the revised bill.

I’m sure that this new law will quickly end up in court.

PWS

09-16-17

 

 

 

MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!

http://www.huffingtonpost.com/entry/jeff-sessions-department-of-injustice_us_590dd80ee4b0f711807244f1

Cohn writes:

“Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in “Shelby County v. Holder” that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration scaremongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

. . . .

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy ― not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting ― even deporting ― “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

. . . .

After Trump nominated Sessions for attorney general, Rep. Luis Gutiérrez (D-Illinois) stated, “No senator has fought harder against the hopes and aspirations of Latinos, immigrants and people of color than Sen. Sessions.”

Indeed, no one is worse equipped to lead the Department of Justice. Sessions’ racism is prominently on display in every action he has taken during his short tenure in Trump’s cabinet.

It is critical that “we the people” continue to resist, in every way we can, the Trump-Sessions pattern and practice of injustice.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her books include The United States and Torture: Interrogation, Incarceration, and Abuse; Cowboy Republic: Six Ways the Bush Gang Has Defied the Law; and Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Follow her on Twitter. Copyright Truthout. Reprinted with permission.”

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Read the entire article over on HuffPost.

So much damage in so little time. And, I’m sure the worst is yet to come. Most impressive in a depressingly negative way! Senators Liz Warren, Cory Booker, and others were right!

PWS

05-07-17

Is Jeff Sessions About To Go After Tax Credits For U.S. Citizen Kids To Fund “The Wall?” — Sessions’s Motives Questioned — CA Girds For Legal Battle With USDOJ! — Trump Administration Fuels Federal Civil Litigation Bonanza!

http://theweek.com/speedreads/694129/sessions-says-mexicans-pay-border-wall-way-another

Bonnie Kristian reports in TheWeek.com:

“We’re going to get paid for it one way or the other,” Attorney General Jeff Sessions said of President Trump’s proposed border wall while speaking with ABC’s George Stephanopoulos on Sunday. After raising the issue, Stephanopoulos asked if Sessions has any evidence Mexico will fund construction, as Trump repeatedly promised on the campaign trail.

Sessions conceded he does not expect the government of Mexico to “appropriate money,” but maintained the United States has other options to get money from Mexicans. We could “deal with our trade situation to create the revenue,” he suggested, or, “I know there’s $4 billion a year in excess payments,” Sessions continued, “tax credits that they shouldn’t get. Now, these are mostly Mexicans. And those kind of things add up — $4 billion a year for 10 years is $40 billion.”

Sessions appears to be referencing a 2011 audit report Trump also cited while campaigning. As Politifact explains, the report said that in 2011, $4.2 billion in child tax credits was paid to people filing income taxes using an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number. Some of these filers are illegal immigrants, but many are legal foreign workers, and the audit did not say how many are Mexican.

“The vast majority of that $4.2 billion, the filer may be undocumented, but you have to have a child to receive it,” said Bob Greenstein of the Center on Budget and Policy Priorities. “And the children are overwhelmingly U.S. citizens.” Watch an excerpt of Sessions’ remarks below. Bonnie Kristian”

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Go to the above link to see the ABC clip that Kristian references at the end of her article.

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Reaction from Daily Kos wasn’t very subtile. Here’s Gabe Ortiz’s “headliner:”

Racist-as-all-hell Sessions: Child tax credits going to ‘mostly Mexicans’ can pay for the wall

Read Ortiz’s article here:

http://www.dailykos.com/story/2017/04/24/1655786/-Racist-as-all-hell-Sessions-Tax-credits-to-mostly-Mexicans-can-pay-for-the-wall

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Ortiz isn’t the only one to publicly “call out” Sessions’s motivation for his almost daily attacks on immigrants. Here’s what California State Senate leader Kevin de Leon (D-Los Angeles) had to say, as reported in the L.A. Times: “It has become abundantly clear that Atty. Gen. [Jeff] Sessions and the Trump administration are basing their law enforcement policies on principles of white supremacy — not American values. . . .”

Read the full L.A. Times article, including  Republican reaction to de Leon’s remarks, here:

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-senate-leader-says-white-1492803106-htmlstory.html?utm_source=Politics&utm_campaign=b41d4376f3-EMAIL_CAMPAIGN_2017_01_03&utm_medium=email&utm_term=0_db59b9bd47-b41d4376f3-81147225

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De Leon was not the only California public official to strike back at Sessions’s attack on so-called “Sanctuary cities” last week. As reported in the L.A. Times, in a “Battle of the AGs:”

“[California Attorney General Xavier] Becerra said on Friday that threats to withhold federal funds from states and cities that limit cooperation with federal immigration authorities are reckless and undermine public safety.

. . . .

Becerra said Sunday that California is ready to fight any attempt to withhold federal funds.

“Whoever wants to come at us, that’s hostility, we’ll be ready,” Becerra said. “We’re going to continue to abide by federal law and the U.S. Constitution. And we’re hoping the federal government will also abide by the U.S. Constitution, which gives my state the right to decide how to do public safety.”

The state attorney general was skeptical about comments by President Trump in recent days that so-called Dreamers —young immigrants brought to this country illegally by a parent —  will not be targeted for immigration enforcement.

“It’s not clear what we can trust, what statement we can believe in, and that causes a great deal of not just anxiety, but confusion — not just for those immigrant families, but for our law enforcement personnel,” Becerra said.

He also denounced the Trump proposal to build a wall at the U.S.-Mexico border as a “medieval solution” to immigration issues, adding that neither U.S. taxpayers nor Mexico want to pay for the proposal.”

Read there full report here:

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-u-s-atty-gen-sessions-disputes-1492964508-htmlstory.html?utm_source=Politics&utm_campaign=b41d4376f3-EMAIL_CAMPAIGN_2017_01_03&utm_medium=email&utm_term=0_db59b9bd47-b41d4376f3-81147225

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I reported some time ago that California was “lawyering up” by hiring none other than former U.S. Attorney General Eric Holder to advise on litigation strategies to resist the Fed’s efforts to punish “sanctuary jurisdictions.” Here’s a link to my earlier blog: http://wp.me/p8eeJm-4w.

Lots of Attorneys General and former Attorneys General could be involved in this one before it’s over! As I’ve said from the beginning, whatever he might do for U.S. workers, President Trump is a huge boon to the legal industry! If you doubt this, just go on over to TRAC Immigration and see how civil immigration litigation has increased dramatically under Trump. http://trac.syr.edu/immigration/reports/467/ . (Thanks to Nolan Rappaport for forwarding this to me!)

Instead of solving legal problems, it appears that A.G. Jeff “Gonzo-Apocalypto” Sessions is fixated on going to war with the “other America” that doesn’t share his and Trump’s negative views of immigrants. Stay tuned!

PWS

04-24-17