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!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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

Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want  to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

 

WASHINGTON POST EDITORIAL RIPS TRUMP/SESSIONS “GONZO” IMMIGRATION AGENDA AS “ANTI-AMERICAN!”– White Nationalist Inspired Restrictionism Is Suppressing The Real Dialogue We Should Be Having!

https://www.washingtonpost.com/opinions/trumps-crusade-against-immigrants-is-an-attack-on-america/2017/12/03/0ac43dec-d624-11e7-b62d-d9345ced896d_story.html?utm_term=.71780d337509

December 3 at 8:10 PM

THE TRUMP administration likes to justify its multi-front crusade against immigration and immigrants as a revival of the rule of law, or a recalibration of the rules to favor disadvantaged American workers. In fact, it is largely a resurrection of xenophobia that coincides with a spike, nearly 50 years in the making, in the number of foreign-born residents living in the United States.

“For decades,” Attorney General Jeff Sessions said in a speech in October, “the American people have been begging and pleading . . . for an immigration system that’s lawful and serves the national interest. Now we have a president who supports that.”

Mr. Sessions’s claims are specious. An embrace of legality is not the driving force behind the president’s decision to slash the admission of refugees to levels unseen in nearly 40 years. It is not what compelled Mr. Trump to endorse Republican legislation that would cut the annual allotment of green cards by a half-million, mainly by barring relatives of existing legal permanent residents of the United States. It is not why the Pentagon has considered ending a recruitment program that put skilled foreigners on a fast track for citizenship if they served in this country’s armed forces. And it is not why the administration favors ending the so-called diversity visa lottery program, under which immigrants are admitted from nations underrepresented in other programs.

Those programs were all legally enacted and, by and large, carried out in compliance with the law. The animating force in targeting them, as the administration is now doing, is an effort to turn back the tide of foreigners in our midst and exorcise what the president evidently sees as the demon of diversity.

The administration’s goal is not to reshape America’s immigration policy but to prune immigration itself. While Mr. Trump backs a GOP plan that would give preference to immigrants with skills rather than family connections in the United States, the effect would be not simply to shift the mix while maintaining the current level of legal immigration but to drastically reduce overall numbers of admissions.”

. . . .

Unfortunately, Mr. Trump has poisoned the debate on immigration so thoroughly that he has twisted the frame through which many Americans see the issue. His slurs — labeling Mexican immigrants as rapists and Muslim immigrants as terrorists — form the context from which the administration’s policies arise. They are affronts to U.S. tradition and values.

They’re also an assault on what Mr. Sessions refers to as “the national interest” and specifically the United States’ economic well-being. Legions of employers dependent on immigrant workers, especially to fill low-skilled jobs for which native-born Americans are too well educated and in short supply, will be harmed by choking off the flow of immigrant labor. With unemployment at a 16-year low and approaching levels unseen in a half-century, the Trump policies threaten to sap the economy by depriving it of the energy of striving newcomers who have fueled this nation’s ambitions since its founding.

It is within the president’s discretion to intensify efforts at deportation, though the humanitarian price — in shattered communities and families, including those whose children, born in this country, are Americans — is high. It is reasonable to take steps to tighten border security, though with illegal crossings already at a 40-year low and the Border Patrol’s staffing having already been doubled since the George W. Bush administration, a significant new investment along those lines faces the risk of diminishing returns. The administration may arguably have had a valid legal basis for ending the Obama-era program granting deportation protection for “dreamers” — undocumented immigrants who entered the country as children, often brought by their parents — though only a smallish minority of Americans believes they should be removed from this country.

But what value, other than sheer bigotry, is served by reducing the resettlement of refugees in the United States at a time when the number of displaced people worldwide has soared to staggering levels? In a country founded and in many respects shaped by refugees — a country that has resettled some 3 million refugees since 1980, more than any other nation — why does the Trump administration insist on turning its back on them now, when some 17 million people have been displaced from their homes across international borders around the world due to conflict or persecution, the highest number in a quarter-century?

It is clearly jarring to some Americans that the foreign-born portion of the overall population has nearly tripled since 1970. Many communities, towns and cities have been transformed culturally and socially by that surge, about a third of which was driven by illegal immigrants.

In some places, local government budgets have strained to provide services for immigrants, particularly public education, and the economic dislocation felt by many working-class Americans is a fact. But that dislocation is not mostly caused by immigrants. The United States is a more prosperous place today than it was before the surge in immigration, and immigrants have fed that prosperity — by helping to harvest America’s crops, build its cities, care for its young and elderly, and found some of its most buoyant companies.

. . . .The Trump administration’s crusade against immigration and immigrants is not just a quest to diminish the influence of the “other”; it is an assault on the nation’s future and prospects.”

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

Read the complete editorial at the link.

This is largely (not entirely — I believe that there is a sound legal basis for continuing DACA, for example) what I’ve been saying all along:

  • Jeff Sessions is a bigoted, xenophobic, anti-American scofflaw whose disingenuous, self-righteous claims to be restoring the “Rule of Law” (that would be the “Jim Crow laws” of Sessions’s Alabama past) are totally outrageous;
  • The real purpose of the Administration’s xenophobic program is to divide and weaken America  by stirring up racial, religious, and ethnic animosities;
  • The “Gonzo,” arbitrary interior enforcement program serves no useful purpose other than playing to the “biases of the base” and the wishes of some (not all) disgruntled immigration enforcement agents for unbridled authority;
  • Our xenophobic anti-immigrant rhetoric and policies are costing us leadership and respect on the world scene (just this weekend, the Administration withdrew from the UN Global Migration Pact);
  • Our past strength as a nation and our future success and prosperity is based on immigration (and, the US clearly has benefitted from BOTH legal and “extra-legal” migration);
  • The Trump Administrations’s rhetoric and actions are preventing us from having the serious discussion we need: how we can better regulate (not cut off, diminish, or eliminate) future legal migration of all types to serve our national interest (and to be more “in tune” with “market realities” that drive much immigration), reflect our humanitarian values and the legitimate needs of current and future migrants, and encourage use of our legal immigration system, thereby diminishing the incentives for extra-legal migration.

As long as U.S. immigration policy remains in the hands of White Nationalist xenophobes like Trump, Sessions, Miller, and Bannon (yes, Stevie “Vlad the Lenin” has vacated his perch in the West Wing, but he continues to pull strings through his White Nationalist disciples Sessions and Miller and to stir the pot through his alt-right “news” apparatus Breitbart News) we won’t get the constructive dialogue and the humane, realistic “immigration reform” that we really  need. In other words, under current leadership, the real “Rule of Law” will continue to be diminished.

PWS

12-04-17

 

ICE’S “IN YOUR FACE” COURTHOUSE ARREST POLICY ERODES OUR CONSTITUTOINAL SYSTEM OF JUSTICE!

https://www.nytimes.com/2017/11/26/opinion/immigration-ice-courthouse-trump.html?em_pos=large&emc=edit_ty_20171127&nl=opinion-today&nlid=79213886&ref=headline&te=1&_r=0

PROFESSOR CÉSAR CUAUHTÉMOC GARCÍA HERNÁNDEZ writes in the NY Times:

“At the door of the Lindsey-Flanigan Courthouse in Denver one Friday in April, federal Immigration and Customs Enforcement agents tackled a man to the ground. A chilling video shows the man — who, according to his lawyer, was there to deal with a traffic ticket — yelling “No!” “My hand!” and “Why?” in Spanish. Sheriff’s deputies order passers-by to stand back, and the violent arrest continues.

The next month, ICE agents returned and arrested another man. His lawyer can be heard in a video of the incident asking the agents if they had a warrant. One responds, “Yes, sir.” The lawyer asks, “Can I see it?”

The agent’s response: “No, sir.”

Both men, according to their lawyers, were taken to immigration detention centers.

This type of arrest is on the rise. Lawyers and judges in Arizona, California, Colorado, Connecticut, New Jersey, New York, Oregon, Texas and Washington all reported in the first year of the Trump administration that immigration officials were breaking with tradition to descend upon their courthouses. Such arrests in New York have increased by 900 percent in 2017, according to the Immigrant Defense Project.

This is a deeply worrisome trend because arrests at courthouses don’t just derail the lives of the unsuspecting people who are detained, they threaten the very operation of our judicial system. Such arrests scare people away from the courts, keeping them, for example, from testifying at trials or seeking orders of protection. By using this tactic, the nation’s lead immigration law enforcement agency is undermining a pillar of our democracy.

. . . .

Courthouses have a special place in American society. It’s only in a court of law that we can be confident that disputes will be mediated deliberately, and according to a set of rules intended to ensure justice for all parties. As the Supreme Court declared in 1907: “The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.”

The pursuit of justice depends on getting the parties in the same room. That’s why courts have the power to drag in unwilling participants with subpoenas. They can compel witnesses to testify or risk contempt charges. Courts rely on their hard-earned legitimacy as the rightful locations for resolution of disagreements.

Courthouse arrests by ICE deter not only undocumented immigrants but also people who are here legally but are nervous that they might have somehow compromised their status (or that an officer will think they have). That’s a nuance that is next to impossible for the average person to discern, and those complicated legal questions are exactly what immigration judges spend a lot of energy trying to answer.

. . . .

The harm this causes is bigger than the people whom ICE arrests. United States citizens are not immune to the impact of ICE activity in courthouses. All of us — including those of us who could easily prove our immigration status — depend on courts to do their job, and all of us suffer if the fear of ICE keeps people away.

ICE understands its actions can paralyze important institutions. Longstanding ICE policy discourages questioning or arresting people in schools and churches. It is time to add courthouses to that list. But top administration officials have vigorously defended courthouse arrests.

With no change to federal policy in sight, it is up to cities and states to push back. Elected officials must take seriously their legal obligation to keep courthouses accessible. In addition, the cities and states that own and operate most courthouses and ensure that no one uses their courts in a way that halts judicial business — protesters can’t block the doorway, bail bondsmen aren’t allowed to set up shop in the lobby — should do the same here for immigration agents.

ICE should no longer get free rein to tackle, handcuff and haul away immigrants, sending a message to others that they should think twice before trusting in the courts.

 

THE GIBSON REPORT — 11-27-17

GIBSON REPORT, 11-27-17

HEADLINES:

“TOP UPDATES

 

Decision to terminate the TPS designation for Haiti

DHS: “Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.”

 

The “Sanctuary” Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

ImmProf: “A federal judge has permanently blocked President Donald Trump’s executive order to cut funding from “sanctuary cities,” cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling [] in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

 

Debate over whether DACA will be addressed in spending bill

CNN: “Durbin and Graham remained flexible as to whether the immigration deal would decide their votes. If Congress is unable to pass a spending bill by midnight on December 8, the government will shut down.”

See also: With chances of immigration deal fading, Dreamer supporters mount big push

 

How Trump is building a border wall that no one can see

WaPo: “Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one.”

 

Police in Trump-supporting towns aid immigration officials in crackdown

Reuters: “Dozens of police departments in the United States have been granted new powers, or are seeking them, to check the immigration status of people they arrest, aiding President Donald Trump’s broad crackdown on people living in the country illegally.”

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·                4/30/17 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

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

PWS

11-27-17

GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

https://www.washingtonpost.com/world/national-security/while-eyes-are-on-russia-sessions-dramatically-reshapes-the-justice-department/2017/11/24/dd52d66a-b8dd-11e7-9e58-e6288544af98_story.html?utm_term=.6b27aa9221e3

“For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Attorney General Jeff Sessions during a House Judiciary Committee hearing on Nov. 14. (Alex Brandon/AP)

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case.

. . . .

In meetings with top Justice Department officials about terrorist suspects, Sessions often has a particular question: Where is the person from? When officials tell him a suspect was born and lives in the United States, he typically has a follow-up: To what country does his family trace its lineage?

While there are reasons to want to know that information, some officials familiar with the inquiries said the questions struck them as revealing that Sessions harbors an innate suspicion about people from certain ethnic and religious backgrounds.

Sarah Isgur Flores, a Justice Department spokeswoman, said in a statement, “The Attorney General asks lots of relevant questions in these classified briefings.”

Sessions, unlike past attorneys general, has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

In an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

Those on the other side of the aisle, however, say they welcome the changes Sessions has made at the Justice Department.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, which advocates for moderating levels of immigration, said she would give the attorney general an “A-plus” for his work in the area, especially for his crackdown on “sanctuary cities,” his push to hire more immigration judges and his focus on the MS-13 gang.

“He was able to hit the ground running because he has so much expertise already in immigration enforcement and related public safety issues and the constitutional issues, so he’s accomplished a lot in a very short time,” Vaughan said.”

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

Read the compete article, which deals with much more than immigration, at the link.

Immigrants, refugees, immigration advocates, and career civil servants involved in immigration at the DOJ seems to be “star-crossed.” After decades of relative indifference to the importance of immigration, an Attorney General finally shows up  who makes it his highest priority.

Only problem is that he’s a committed xenophobe and White Nationalist whose largely false and exaggerated narrative on immigration comes right from the alt-right restrictionist playbook and harks back to the Jim Crow era of the American South — only this time with Hispanics and Muslims as the primary targets.

In any “normal” American business, obsession with tracing back lineage of someone’s family would be prima facie evidence of prohibited “national origins discrimination.” But, for Gonzo, it’s just another day at the office.

Notwithstanding his less than stellar performances before Congress and that he’s fallen off Trump’s “A-Team” (notwithstanding probably doing more to deconstruct the Constitution and “Good Government” than any other cabinet officer), he’s unlikely to be going anywhere soon. So the damage will continue to add up for the foreseeable future. It’s not like Senator Liz Warren and others didn’t try to warn America about this dude!

Meanwhile, perhaps not to be outdone, over at the U.S. State Department, Secretary of State Rex Tillerson is proceeding to deconstruct the Career Foreign Service and reduce the Stated Department and our Diplomatic Corps to “administrative roadkill.” You can read about that debacle in this NY Times article:

https://www.nytimes.com/2017/11/24/us/politics/state-department-tillerson.html

PWS

11-26-17

 

HON. JEFFREY CHASE SPEAKS OUT AGAINST EXPEDITED REMOVAL!

Expedited Removal is Not the Answer to the Backlog

With the immigration court backlog at over 600,000 cases and rising, immigration law commentator (and fellow BIA alum) Nolan Rappaport recently suggested that the present administration might view the  increased use of expedited removal as “the only viable alternative” to shrink the swelling tide of cases. My fellow blogger Paul Schmidt has opposed such approach; I wish to join him in adding my arguments as to why the expansion of expedited removal would be unacceptable.

If the criminal court system were to be flooded to the breaking point, the solution could not be to let supervisory police officers decide which defendants might have a reasonable enough chance of being found innocent and get to go to court, and just find the rest guilty without the right to a trial.  However, that is pretty much the premise of expedited removal.  An overwhelming volume of cases cannot be used to justify the stripping away of due process protections.

Our immigration courts have evolved significantly over the decades.  Deportation hearings were once conducted by “special inquiry officers,” who were attorneys working for the INS.  Beginning in 1973, immigration judges began presiding over hearings.  In 1983, those judges were separated from the INS into a separate adjudicatory agency, EOIR.  In 2002, INS was moved into three components within the newly-created DHS, while EOIR remained in the Department of Justice.  The strong motive behind these developments was that the agency charged with enforcement was not suited to serve as a neutral factfinder and decision maker.  Increasing the scale of expedited removal would undo the above progress and return decision-making into the hands of the enforcement branch – the legal equivalent of having the fox guard the hen house.

Immigration judges render decisions independently, with no pressure or influence from their higher-ups.  This is not true of asylum officers.  I had one case years ago in which the asylum officer’s supervisor so adamantly opposed the grant of asylum that the officer had to wait until the supervisor went on vacation, and then had the acting supervisor sign off approving the grant.  I have also heard of an asylum office director pressuring the staff to grant fewer cases in order to bring the office’s grant rate closer to the lower grant rate of another asylum office.  Furthermore, to the extent that those seeking expedited removal are able to obtain counsel in the short time frame provided (and while detained, sometimes in remote settings), asylum officers allow attorneys a greatly reduced role in the process.  In immigration court, the attorney makes legal arguments and objections, questions the respondent, and lays the foundation for documents to be offered into evidence.  Even in full asylum office interviews, attorneys are relegated to sitting in the back row and taking notes.  As the government’s own statistics show that represented asylum seekers are twice as likely to be granted relief, the asylum office’s minimizing of the attorney’s role clearly lessens the asylum seeker’s chance of success.

Expedited removal has really never worked well.  In opposing its implementation in the mid-1990s, myself and other advocates argued that the legal threshold – the newly-created “credible fear” standard – was problematic.  When the 1980 Refugee Act adopted the legal standard of “well-founded fear” for asylum claims, INS interpreted the term to mean “more likely than not;” it took seven years of litigation and a decision of the U.S. Supreme Court to correctly define the standard as requiring only a 10 percent chance of persecution.  But expedited removal asked us to trust the same INS to properly interpret the vague new “credible fear” standard, and this time without the right to seek judicial review.  Not surprisingly, so many mistakes were made after the standard was implemented that by mid-1997, the then INS director of asylum instructed asylum officers to simply find all applicants professing a fear of persecution to have met the credible fear standard.  Those who claimed no fear in their countries were summarily removed; INS claimed that the majority of arrivees were in this latter group.

But where they really?  A person arriving in this country only gets a credible fear interview if they indicate to the Customs and Border Patrol (CBP) officer who first encounters them that they fear return to their country.  Two studies conducted over a decade apart by the U.S. Commission on International Religious Freedom, a government entity, found serious problems with the screening process of those arriving but not found admissible to the U.S.  According to USCIRF, some arrivees were never asked whether they feared return; others who were asked and responded in the affirmative had “no” recorded in their statements, which were often not read back to them.  The USCIRF report cited instances in which those wishing to seek asylum were pressured into signing inaccurate statements, or even into retracting their fear claims and withdrawing their applications for admission.

The answer to the immigration court backlog is clearly not to subject more people to the flawed and biased expedited removal system in lieu of  removal hearings.  To my knowledge, every other high volume court employs prosecutorial discretion and stipulated settlements to lessen the case load.  Plea bargains are employed in everything from murder to traffic court cases.  Under the Obama administration, prosecutorial discretion was employed in immigration court and significantly helped prosecutors and judges deal with the caseload.  For unknown reasons, the present administration has ended this useful practice.  DHS attorneys are also being instructed to oppose requests to terminate proceedings made by those wishing to leave the U.S. to attend immigrant visas abroad.  These intending immigrants want to leave the country, and will only be allowed to return legally if they are found by a U.S. consular officer to be qualified and admissible to this country; under the prior administration, termination under these circumstances was readily agreed to by DHS.  At the same time DHS is forcing so many immigrants to unnecessarily remain in removal proceedings, the agency will not put into proceedings those who want to be there in order to apply for certain types of relief that may only be granted by an immigration judge, such as cancellation of removal.  Preventing immigrants from obtaining legal status to which they might be entitled seems suspiciously consistent with the present administration’s desire to stem the pace of naturalization in order to preserve the voting bloc that brought them to office last year.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

fullsizeoutput_40da.jpeg

Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

REPRINTED WITH PERMISSION

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

Thanks, Jeffrey. Not surprisingly, I agree with everything you are saying!

There are no “silver bullet” solutions to backlogs that have built up over years and are largely the result of Congressional indifference, administrative incompetence, and improper political meddling by the Department of Justice over at least the last three Administrations. This has caused what I have termed “Aimless Docket Reshuffling” (“ADR”). Punishing the innocent “consumers” of services, the immigrants, by depriving them of Due Process is clearly not the answer.

I also agree with Jeffrey that eventually the answer will require:

  • Restoration of a “robust” ICE “PD program” to take off the docket large numbers of cases that don’t really belong in Immigration Court;
  • Far greater efforts by the DHS and USCIS to resolve deserving cases such as adjustment of status, asylum, T visas, U visas, ands SIJ visas favorably internally without resorting to the Immigration Courts;
  • Reduced use of immigration detention, and concerted efforts by the Government to schedule Immigration Court cases in a manner that best insures the reasonable access to pro bono legal services;
  • Realistic immigration reform legislation that will allow the bulk of the approximately 11 million supposedly “undocumented” individuals who have been residing in a productive and law-abiding manner in the U.S. to be granted some type of legal status (preferably with, but if necessary without, a specific path forward to citizenship);
  • Common-sense modifications in existing law to allow individuals who otherwise now qualify for permanent immigration to do so without the “unlawful presence” bar;
  • Restoration of the so-called “section 245(i) program” allowing such individuals to adjust status in the U.S. by paying a substantial “penalty fee;”
  • Substantially more resources for the U.S. Immigration Courts, but distributed in  a measured, professionally competent, and reasonable manner over time.

PWS

11-24-17

 

WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”

https://www.washingtonpost.com/local/immigration/how-trump-is-building-a-border-wall-no-one-can-see/2017/11/21/83d3b746-cba0-11e7-b0cf-7689a9f2d84e_story.html?utm_term=.a71d3a707371

Maria Sacchetti and Nick Miroff report in the Washington Post:

“President Trump’s vision of a “big, beautiful” wall along the Mexican border may never be realized, and almost certainly not as a 2,000-mile physical structure spanning sea to sea.

But in a systematic and less visible way, his administration is following a blueprint to reduce the number of foreigners living in the United States those who are undocumented and those here legallyand overhaul the U.S. immigration system for generations to come.

Across agencies and programs, federal officials are wielding executive authority to assemble a bureaucratic wall that could be more effective than any concrete and metal one. While some actions have drawn widespread attention, others have been put in place more quietly.

The administration has moved to slash the number of refugees, accelerate deportations and terminate the provisional residency of more than a million people, among other measures. On Monday, the Department of Homeland Security said nearly 60,000 Haitians allowed to stay in the United States after a devastating 2010 earthquake have until July 2019 to leave or obtain another form of legal status.

. . . .

Even as they fight court orders seeking to halt parts of Trump’s immigration agenda, Sessions, White House senior adviser Stephen Miller and other key players are finding ways to shrink the immigration system. Miller was an aide to Sessions before both men joined the administration; in less than a year, their immigration policy prescriptions have moved from the realm of think-tank wish lists to White House executive orders.

In October, the White House — in a plan led by Miller — said it had conducted a “bottom-up review of all immigration policies” and found “dangerous loopholes, outdated laws, and easily exploited vulnerabilities in our immigration system — current policies that are harming our country and our communities.”

. . . .

Trump’s tough talk alone appears to be one of the administration’s best bulwarks: Illegal crossings along the border with Mexico have plunged to their lowest level in 45 years, and U.S. agents are catching a far greater share of those attempting to sneak in. Applications for H-1B skilled visas and new foreign-student enrollment have also declined.

William Frey, a demographer at the Brookings Institution, said that until now U.S. immigration rates have largely spared the country from the challenges facing advanced industrial nations such as Japan and Germany that can’t replace aging workers fast enough. By slashing immigration, Frey said, the country could end up with labor shortages and other workforce issues.

But although some of Trump’s most fervent supporters see curbing immigration as a way to turn back the United States’ rapid racial and ethnic transformation, Frey said it is an unrealistic goal. By 2020, census projections show minorities will account for more than half of the under-18 U.S. population, because of higher birthrates in nonwhite populations. And by 2026, the number of whites is projected to begin declining in absolute numbers, he said, as deaths exceed births.

“You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,” Frey said. “It will just become less white at a slower pace.”

Trump continues to insist his administration will build a border wall, despite exorbitant cost projections and senior DHS officials saying a 2,000-mile structure is impractical. His supporters say they admire the president for plowing ahead in his overhaul efforts and see a historic, generational shift underway.

“There is more than one way to get to the goal,” Dane said. “Legislative solutions are all great, but clearly the administration has done things behind the scenes. . . . The results have been dramatic.”

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

Read the full article at the link.

It’s no surprise that guys like Jeff “Gonzo Apocalypto” Sessions and his henchman Stephen Miller are leading this racist-inspired, xenophobic “race to the bottom” that if successful would likely tank our economy and cause even more inequality and social unrest as well as inflicting all sorts of unnecessary pain and suffering on long time residents, needed and productive workers, and the most vulnerable individuals seeking protection under U.S. and international laws.  Really, hard to see how guys like this with retrograde ideas that come right from the “Jim Crow era” of American history get into positions of power for which they are so totally unqualified, both by background and temperament. But, then again, look at whom we have elected our President to represent us on the international scene.

The good news for the majority of Americans is that  the “turn back the clock” plan is ultimately likely to fail. We will eventually move forward again as a diverse, productive, “country of immigrants,” and restore humane and humanitarian values to our national and international profile.

PWS

11-22-17

SLAM DUNKED AGAIN: SF FEDERAL JUDGE ORRICK ISSUES NATIONWIDE INJUNCTION AGAINST ADMINISTRATION’S ATTACK ON “SANCTUARY CITIES!”

http://www.chicagotribune.com/news/immigration/ct-trump-sanctuary-cities-funding-ruling-20171120-story.html

Sudhin Thanawala reports for the Associated Press in the Chicago Tribune:

“A federal judge on Monday permanently blocked President Donald Trump’s executive order to cut funding from cities that limit cooperation with U.S. immigration authorities.

U.S. District Court Judge William Orrick rejected the administration’s argument that the executive order applies only to a relatively small pot of money and said Trump cannot set new conditions on spending approved by Congress.

The judge had previously made the same arguments in a ruling that put a temporary hold on the executive order targeting so-called sanctuary cities. The Trump administration has appealed that decision to the 9th U.S. Circuit Court of Appeals.

“The District Court exceeded its authority today when it barred the President from instructing his cabinet members to enforce existing law,” Department of Justice spokesman Devin O’Malley said in a statement late Monday. “The Justice Department will vindicate the President’s lawful authority to direct the executive branch.”

Orrick’s ruling came in lawsuits brought by two California counties, San Francisco and Santa Clara.

San Francisco City Attorney Dennis Herrera said the ruling was “a victory for the American people and the rule of law.”

“President Trump might be able to tweet whatever comes to mind, but he can’t grant himself new authority because he feels like it,” he said in a statement.

A lawyer for the DOJ argued during a hearing before Orrick in April that the executive order applied to only a few grants that would affect less than $1 million for Santa Clara County and possibly no money for San Francisco.

Judge in Chicago refuses to change ruling on sanctuary cities
But the judge disagreed, saying in his rulings that the order was written broadly to “reach all federal grants” and potentially jeopardized hundreds of millions of dollars in funding to San Francisco and Santa Clara.

He cited comments by the president and Attorney General Jeff Sessions as evidence that the order was intended to target a wide array of federal funding. And he said the president himself had called it a “weapon” to use against recalcitrant cities.

The Trump administration separately has also moved to withhold one particular law enforcement grant from sanctuary cities, prompting a new round of lawsuits that are pending.”

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

WORTHY OF NOTE:

  • Trump’s tweets and Sessions’s bombastic, anti-immigrant public agenda continue to haunt them in litigation.
  • Continuing a recent trend, Judge Orrick basically found the DOJ’s legal position “not credible.”
  • An Administration that (rather hollowly) claims to be interested in effective law enforcement refuses to work cooperatively with many major cities and threatens to withhold law enforcement funds.
  • Clearly, this case is headed “up the line,” probably eventually to the Supremes.

PWS

11-21-17

GONZO’S WORLD: Sessions Gives Congress The “Scarface Treatment” Again — Then He Jokes About Russia — Will Mueller Eventually Wipe The Smirk Off Gonzo’s Face?

http://nymag.com/daily/intelligencer/2017/11/jeff-sessions-has-a-strangely-selective-memory.html

Eric Levitz writes in NY Maggie:

“Jeff Sessions’s memory works in mysterious ways. He has “no clear recollection” of the March 2016 meeting where George Papadopoulos offered to set up a meeting between Donald Trump and Vladimir Putin — but the attorney general does remember shooting down the campaign aide’s unseemly suggestion.

Or, so Sessions tells the House Judiciary Committee.

In October, Sessions testified to the Senate that he did not have any “continuing exchange of information” with Russian operatives — and that he wasn’t “aware of anyone else [on the Trump campaign] that did.” Weeks later, Special Counsel Robert Mueller revealed

“Papadopoulos’s confession to the crime of lying to the FBI. In that written statement, the former Trump campaign national security adviser claimed that he had told Sessions about “connections” he had that “could help arrange a meeting between then-candidate Trump and President Putin” in March of last year. In his testimony before Congress Tuesday, Sessions tried to account for this apparent discrepancy.

“I do now recall the March 2016 meeting at Trump Hotel that Mr. Papadopoulos attended, but I have no clear recollection of the details of what he said at that meeting,” Sessions explained. “After reading his account, and to the best of my recollection, I believe that I wanted to make clear to him that he was not authorized to represent the campaign with the Russian government, or any other foreign government, for that matter.”

Later, Sessions said more firmly, “At the meeting, I pushed back.”

So, the attorney general has no clear memory of the meeting, but has a vivid recollection of behaving admirably during it.

This isn’t the first time that Sessions’s memories of last year have failed him. In January, the attorney general testified to the Senate that he had not “been in contact with anyone connected to any part of the Russian government about the 2016 election, either before or after election day.” Months later, the Washington Post revealed that Sessions had met with the Russian ambassador to the United States multiple times during the 2016 campaign. Sessions responded to these revelations by insisting that he’d met with Ambassador Sergey Kislyak in his capacity as U.S. senator (not as a Trump surrogate), and that they did not discuss the 2016 election. Sessions later conceded that it was “possible” that Trump’s positions on U.S.-Russia relations came up in his discussions with Kislyak.

Some Democrats have suggested that Sessions’s multiple false statements to Congress this year were conscious lies. The former senator responded to such charges with indignation Tuesday.

“My answers have not changed,” Sessions said. “I have always told the truth, and I have answered every question as I understood them and to the best of my recollection, as I will continue to do today … I will not accept and reject accusations that I have ever lied under oath. That is a lie.”

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

Meanwhile, speaking to a friendly audience over at the Heritage Foundation, Gonzo treated the Russia investigation as a joke. Mary Papenfuss reports for HuffPost:

“Attorney General Jeff Sessions had lawyers rolling in the aisles with a surprising string of Russian quips at the start of a speech he gave Friday.

Sessions was the keynote speaker at the National Lawyers Convention at Washington’s Mayflower Hotel hosted by the conservative Federalist Society.

He thanked the applauding crowd for welcoming him. Then, smiling mischievously, he added: “But I just was thinking, you know, I should ― I want to ask you. Is  Ambassador Kislyak in the room? Before I get started ― any Russians?” As the laughs grew louder, he continued: “Anybody been to Russia? Got a cousin in Russia?” The audience roared.

The jarring jokes came just three days after Sessions was pressed in Congress on apparent discrepancies in his previous testimony about Trump associates’ meetings with Russians during the 2016 campaign.

Sergey Kislyak, then Russia’s ambassador to the U.S., met with several members of Donald Trump’s campaign during the Republican National Convention, Kislyak and some Trump associates have revealed. Kislyak was widely believed a top spy recruiter.

Kislyak has said he discussed Trump’s policy positions during the campaign with Sessions, an early Trump supporter who was an Alabama senator at the time, The Washington Post reported.

But during his confirmation hearings to become attorney general ― before the Post report ― Sessions said he “never met with or had any conversations with any Russians or any foreign officials concerning any type of interference with any campaign or election.”

Sessions later recused himself from Special Counsel Robert Mueller’s probe into Russian interference in the U.S. election.

Critics were stunned by Sessions’ attitude in the lawyers’ speech.

Sessions “still doesn’t get it” — he’s “in trouble,” Rep. Ted Lieu (D-Calif.) told Wolf Blitzer later on CNN.

“He’s not in trouble where he happened to be in places where there are Russians,” said Lieu, a member of the House Judiciary Committee who grilled Sessions this week. “He is in trouble because he had a nearly hour-long meeting with Ambassador Kislyak — also a spy — and then he failed to disclose the existence of that meeting under oath to the U.S. Senate. That’s why Jeff Sessions is in trouble.”

Blitzer noted that Kislyak “now says he spoke with so many Trump officials it would take him more than 20 minutes to name them all.”

https://www.huffingtonpost.com/entry/sessions-russian-lawyers_us_5a0fb5dee4b045cf43718e96?ncid=APPLENEWS00001

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

PWS
11-19-17

JOE PATRICE @ ABOVE THE LAW: WE NOW HAVE “SCIENTIFIC PROOF” THAT IMMIGRATION LAWYERS ARE “INCREDIBLY USEFUL” — IN FACT, THEY ARE ESSENTIAL TO DUE PROCESS — So, Why Are Sessions & His Minions Smearing Lawyers & Trying To Railroad More Migrants Through The System Without Fair Hearings?

We Have Scientific Proof That Lawyers Are Incredibly Useful

Patrice writes:

“So instead of fighting whether or not the feds can order cops to bust up the local Motel 6, cities can just hire some lawyers.

This is the lie of every talking head that praises building a wall but adds, with all faux sincerity, that they have “no problem with legal immigrants.” Almost half of the people shuttled through assembly line deportation hearings actually fit within legal immigration protections, but the complexity of the system — not to mention language barriers — make them victims of the bureaucracy.

If that projection is correct, NYIFUP cases result in immigrant victories 48 percent of the time. As Oren Root, director of the Vera Institute’s Center for Immigration and Justice, puts it, that means that of every 12 immigrants who are winning at Varick Street right now, 11 would have been deported without a lawyer.

That finding challenges a widely held assumption about immigration court: that most immigrants who go through it don’t qualify for the types of protection that Congress has laid out for particularly compelling cases. The Vera finding implies that, in fact, many immigrants do deserve relief as Congress and the executive branch have established it — but that hundreds of thousands of them have been deported without getting the chance to pursue those claims.

New York’s program has inspired 12 more cities to adopt the program. It’s put up or shut up time for the Department of Justice — if they’re really committed to proving some undocumented migrant is in violation of the law, then stand up and make that case in court.

Against a real attorney.

Unless they’re chicken.”

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

Read the complete article at the link. I have previously reported on the VOX News Article and the Vera study.

I think Patrice has hit the nail on the head. Sessions, Miller, Bannon and the White Nationalist crowd are biased bullies picking on the most vulnerable and disadvantaged. Like all bullies, they have absolutely no desire to compete fairly on a level playing field.

The Vera report confirms what many of us involved in the field have been saying for years: a significant portion of those going through Immigration Court, probably 50% or more are entitled to be in the US. Without lawyers, such individuals have little or no chance of making and succeeding on claims that would allow them to stay. Since at least one-third of individuals (and a much higher percentage of detained individuals) are unrepresented, we are unlawfully removing tens of thousands of individuals each year, in violation of due process. And nothing aggravates this unfairness more than unnecessary detention (in other words, the majority of immigration detention which involves individuals who are not criminals, security threats, or threats to abscond if they are represented and understand the system).

A competent and conscientious Attoyney General would work cooperatively with private bar groups, NGOs, and localities to solve the representation crisis and drastically reduce the use of expensive and inhumane immigration detention. But, Sessions is moving in exactly the opposite direction, in violation of constitutional principles of due process, practical efficiency, and basic human decency.

PWS

11-13-17

CHICAGO TRIBUNE: MAKING DUE PROCESS WORK — CITY OF CHICAGO PROGRAM RESULTS IN MORE REPRESENTATION IN IMMIGRATION COURT!

http://www.chicagotribune.com/news/immigration/ct-met-immigrants-represented-in-court-20171031-story.html

Vikki Ortiz Healy reports:

“Immigrants in Chicago have seen a dramatic increase in legal representation since earlier this year, thanks in part to a fund established by the city, according to an independent study released this week by researchers at Syracuse University.

According to the report, the percentage of immigrants in Chicago who were represented in deportation hearings spiked from 30 percent in May to 57 percent in August.

“The more representation we have in court, the more we have a balanced system,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, a Chicago-based immigrant advocacy group that partnered with the city to help give legal counsel and services to thousands of immigrants threatened with deportation.

The Legal Defense Fund, approved by the Chicago City Council in January, uses $1.3 million in city funds to pay for immigrants’ legal services or to help them navigate other options to try to avoid deportation.

 

The fund has been used to hire attorneys at the National Immigrant Justice Center and also issue grants to 10 community organizations for outreach. So far, 1,560 Chicago residents have received free legal screenings, and immigrants have had representation in court for 766 cases. Advocates hope to offer legal representation in 1,000 cases and Know Your Rights training sessions to 20,000 people in the first year, according to officials at the center.

“Good legal advice … reduces the chances of (immigrants) being deported to a country where their lives may be in danger or of them being permanently separated from their families,” McCarthy said.

. . . .

The TRAC report showed that immigrants in all pending cases in Chicago and the collar counties had higher odds of representation than those in rural areas of the state — inconsistencies that mirror those in other states. In Cook County, immigrants were represented 72 percent of the time; 77 percent in DuPage County; 67 percent in Lake; 76 percent in Kane; 80 percent in Will; and 76 percent in McHenry. Meanwhile, immigrants in downstate Sangamon County were represented 34 percent of the time, and those in Morgan County were represented 39 percent of the time.

Because the data on legal representation is the first of its kind collected, researchers hope it will help both immigrant advocacy groups and the public understand how effective funds like the one in Chicago are over time, Long said.

“Chicago is part of a movement of trying to come up with methods to provide representation. The natural question is how effective is it? Being able to monitor that … we thought would be very useful,” she said.

Laura Mendoza, an immigration organizer for the Resurrection Project, said many immigrants she works with are grateful to learn there is a fund to help cover the cost of legal counsel. In some cases, immigrants facing deportation need documentation from a police station to prove they are victims of a crime who may qualify to stay. Lawyers and legal advocates walk them into the police stations to help get the needed paperwork.

“That could be incredibly intimidating. They may not speak the language; they may not know how things work,” Mendoza said. “They’re incredibly thankful that there is the ability to be able to get a legal consultation and to get some clarity on the questions that they have.”

Reem Odeh, a Chicago immigration attorney who owns her own firm, said she was glad to see more immigrants gaining access to attorneys because of the complexity of most cases.

“The laws for immigration are so Draconian, which means you forget one technicality or blow one deadline and you may not be able to reopen that case permanently,” Odeh said. “You drop the ball on one element and you could potentially destroy that person’s future for him and his entire family.”

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

Representation in Immigration Court saves lives. Many of the individual human beings that restrictionists like to demean by calling “illegals” actually have a right to remain in the US in some status. And, all of them in the US are entitled to Due Process under our Constitution. Without lawyers, Due Process is unlikely to be achieved.

PWS

11-05-17

CHICAGO TRIBUNE: Asylum Experts Michelle Mendez & Swapna Reddy Challenge Gonzo’s Bogus Apocalyptic Smear Of U.S. Asylum Applicants!

http://www.chicagotribune.com/news/opinion/commentary/ct-perspec-asylum-sessions-immigration-1024-20171023-story.html

Michelle and Swapna write:

“What would you do if your brother was murdered, and your child had received death threats? How would you respond if you had been repeatedly raped, and your government did nothing to protect you?

These are the situations our clients have faced. They have traveled hundreds of miles to the United States to save their families’ lives. And they have done so legally, seeking asylum through our nation’s immigration courts.

Last week, Attorney General Jeff Sessions called these families liars. He bemoaned the role of “dirty immigration lawyers” and described the U.S. asylum system as an “easy ticket” to entry.

Nothing could be further from the truth. When these families arrive in the United States they are held in private prisons. Young children and their mothers live in cells with strangers. Fathers and children over 18 are detained on their own. Few receive adequate medical care, and any legal help they obtain is largely provided by overworked nonprofit agency staff.

Despite these conditions, the families persevere. Children celebrate their first birthdays and take their first steps in detention. Spouses write love letters from their respective cells.

And for families who secure their release from detention — after establishing a “credible fear” of return — they want nothing more than to comply with our laws to avoid family separation once more.

Sessions claimed the federal government found a credible fear in 88 percent of cases, and said that any system with such a high passage rate means the system is “inherently flawed.”

But this reasoning is false. Each year, more than 90 percent of medical students pass their board exams. They do not pass because they cheat, or because the exams are inherently flawed. They pass because they are self-selected, having excelled despite years of challenges and setbacks.

The same is true of asylum seekers. Few would be willing to endure family separation and the incarceration of their child unless the stakes were life and death. Those who make it through the credible fear process are self-selected, with genuine fear of return.

Unfortunately, a credible fear interview is just the first stage in seeking asylum. And the government does little to explain to asylum seekers what they must do next.

. . . .

Asylum seekers have every incentive to comply with our laws. If they cannot win their asylum cases, they must live in the shadows, with no pathway to citizenship and little guarantee of avoiding deportation back to the danger they fled. They simply cannot navigate our dense, complex, and at times contradictory, immigration system on their own.

Michelle Mendez is Training and Legal Support Senior Attorney and Defending Vulnerable Populations Project Manager of Catholic Legal Immigration Network Inc. Swapna Reddy is Director of the Asylum Seeker Advocacy Project at the Urban Justice Center, an Echoing Green Fellow and an Equal Justice Works Emerson Fellow.”

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

Read the complete article at the link.

Folks like Michelle and Swapna are the “real American heroes” of our justice system, working tirelessly and for modest compensation to preserve the rights of vulnerable asylum seekers. We need more of them and less of Jeff “Gonzo Apocalypto” Sessions and his malicious and ignorant attacks on asylum seekers and their already-limited due process and statutory rights.

PWS

10-22-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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

Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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

Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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

Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

Want More SCOTUS? Subscribe to Amicus.

Join Dahlia Lithwick and her stable of standout guests for a discussion about the high court and the country’s most important cases.
When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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

Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17