WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”

https://www.washingtonpost.com/opinions/trumps-deportation-tough-talk-hurts-law-abiding-immigrants/2017/12/10/9a87524a-a93b-11e7-850e-2bdd1236be5d_story.html

The Post Editorial Board writes:

“The broader dysfunction in America’s immigration system remains largely unchanged. Federal immigration courts are grappling with a backlog of some 600,000 cases, an epic logjam. The administration wants to more than double the number of the 300 or so immigration judges, but that will take time. And its recent moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.

Mr. Trump’s campaign bluster on deportation was detached from reality. He said he’d quickly deport 2 million or 3 million criminal illegal immigrants, but unless he’s counting parking scofflaws and jaywalkers, he won’t find that many “bad hombres” on the loose. In fact, legal and illegal immigrants are much less likely to end up in jail than U.S. citizens, according to a study by the Cato Institute.

The president’s sound and fury on deportation signify little. He has intensified arrests, disrupting settled and productive lives, families and communities — but to what end? Only an overhaul of America’s broken immigration system offers the prospect of a more lasting fix.”

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

Read the full article at the link.

The Post also points out the damage caused by Trump’s racist “bad hombres” rabble rousing and the largely bogus nature of the Administration’s claims to be removing “dangerous criminals.” No, the latter would require some professionalism and real law enforcement skills. Those characteristics are non-existent among Trump Politicos and seem to be in disturbingly short supply at DHS. To crib from Alabama GOP Senator Richard Shelby’s statement about “Ayatollah Roy:” Certainly DHS can do better than Tom Homan.

And certainly America can do better than a US Immigration Court run by White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions. Gonzo’s warped concept of Constitutional Due Process is limited to insuring that he himself is represented by competent counsel as he forgets, misrepresents, misleads, mis-construes, and falsifies his way through the halls of justice.

Jeff Sessions does not represent America or American justice. The majority of American voters who did not want the Trump debacle in the first place still have the power to use the system to eventually restore decency, reasonableness, compassion, and integrity to American Government and to send the “Trump White Nationalist carpetbaggers” packing. The only question is whether or not we are up to the task!

PWS

12-12-17

 

THE TRUMP/SESSIONS XENOPHOBIC ANTI-REFUGEE BIAS THREATENS TO DESTROY EVERY ASPECT OF AMERICAN SOCIETY, INCLUDING OUR STAR CHEFS & OUR IMMIGRATION-INSPIRED CRUSINE!

https://www.washingtonpost.com/lifestyle/magazine/in-praise-of-refugee-chefs-they-came-from-syria-but-they-represent-an-american-ideal/2017/12/06/64e7c4be-c400-11e7-aae0-cb18a8c29c65_story.html

Marin Cogan reports for the Washington Post:

“On a Thursday morning in June, near the end of Ramadan, Majed Abdulraheem arrives for work at Union Kitchen. The brightly lit, shared commercial kitchen space in Northeast Washington is filled with chef’s tables, pastry racks and the bustling of a dozen cooks building fledgling businesses. It’s Chef Majed’s second time at work today. Fasting makes the daytime heat of the kitchen too hard to manage, and so he was in the kitchen preparing orders late last night, into the early morning.

Abdulraheem, 29, works at Foodhini, a meal delivery service that employs immigrant chefs in Washington. The start-up was founded by Noobtsaa Philip Vang, a child of refugees from Laos, who discovered, after arriving from Minnesota to Georgetown three years ago to get his MBA, that he was missing the Hmong cuisine he grew up with. “I was really craving some of my mom’s food,” says Vang, “and I was thinking I wanted to find a grandma or auntie that was living in the neighborhood somewhere and just buy some of their food.”

He started mulling his own family’s immigration story: When his mom came to the United States, she had limited English skills, and finding work was difficult. His dad sometimes worked multiple jobs, sleeping in his car between shifts, to make sure the family had enough money to survive. What his mother did have, which might have been marketable if only she’d had the resources, was incredible skill as a chef. “There’s got to be a way to create opportunities for people like my mom,” he thought.

Abdulraheem is one of Foodhini’s first chefs. On its website, he offers a menu of his own design: bamiatan, a dish of crisp mini okra sauteed in garlic and topped with cilantro; mutabbal, an eggplant-tahini dip similar to baba ghanouj; and kebab hindi, meatballs cooked in a spiced tomato stew. Like Vang, his love for food and for family are inextricably intertwined: Many of the items on Abdulraheem’s menu are dishes his mother used to make for him when he was a kid growing up in a small town in southern Syria. Even after attending culinary school in Syria, and after years of working in restaurants, he still considers her, his original teacher, to be the better chef.

“You have to love cooking to be good at it,” Abdulraheem tells me through an interpreter. He is preparing the vegetables for fattoush, a staple salad of lettuce, tomato and crunchy pita chips. He stacks long leaves of romaine lettuce, one on top of the other, slicing them crosswise into small confetti ribbons as he talks, before perfectly dicing tomatoes. He cuts huge lemons in half, just once, and squeezes the juice out of them effortlessly. It’s a simple dish but one he loves to make, because it’s both universal and endlessly customizable. “I’m making fattoush, my wife will make fattoush, you can make fattoush,” he says. “But each time it will come out a little bit different, because it’s a reflection of you.”


Majed Abdulraheem and wife Walaa Jadallah at their home in Riverdale Park, Md. (Salwan Georges/The Washington Post)

When Abdulraheem arrived here in 2016, he became part of a long history of immigrants — often refugees — who reached the United States and began making food. You can find this tradition in Eden Center, the Northern Virginia strip mall packed with pho restaurants and pan-Asian groceries, built up by Vietnamese refugees in the 1980s. You can see it in the popular Ethiopian restaurants on U Street; in the restaurants of Peter Chang, who fled Washington’s Chinese Embassy in 2003 and acquired one of the most loyal followings of any chef in America; or in the Thai and Indian restaurants in large cities and small towns across the country.

. . . .

What Abdulraheem and other refugee chefs bring when they come to America has implications beyond the kitchen. Cooking the dishes — sharing the foods of their home country — is a way of ensuring “that identity and heritage are not lost just because the homeland is,” says Poopa Dweck, author of the book “Aromas of Aleppo: The Legendary Cuisine of Syrian Jews.” They are “documenting history, in some way, for the next generation.”

It’s this diversity — the richness of so many cuisines and cultures, brought from all over the world — that makes American food so outstanding. At the moment, however, that tradition is under threat. The Trump administration has dedicated a lot of energy to barring Syrian refugees like Abdulraheem from coming into the country, while waging a multifront campaign against undocumented immigrants from Latin America. Continuing on this path would have a profound impact — not just on our food, but on our national identity.

It can be hard to explain to people who view immigration as a threat just what we stand to lose when we turn away from this ideal. Maybe a grand argument about American values isn’t the best place to begin. Maybe it’s best to start smaller, somewhere closer to home — somewhere like the dinner table.


Abdulraheem’s kebab hindi (meatballs cooked in a spiced tomato stew). (Salwan Georges/The Washington Post)

There are things that Majed Abdulraheem doesn’t usually talk about when he’s at work chopping vegetables. But they’re on his mind a lot: How, on his last visit to his parents’ home in 2013, they begged him not to return to his apartment in Damascus but to flee Syria across the border to Jordan instead. How he did as his parents asked. And how he never got to see his father, who became ill during his exile, before he died.

. . . .

The culinary education of refugee chefs is unusual. It is at once cosmopolitan — thanks to the fusing of different influences during the chef’s travels — and narrowly defined by both physical barriers and the limitations of circumstance. The journeys of refugee chefs often spark creativity, born of necessity. The education, just like the migration, is sui generis. Just like America.”

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

Read the complete article at the above link.

The irony is certainly not lost on me. Refugees overcome great obstacles to contribute to America’s greatness; immigrants (including, yes, those without legal status) help us prosper as a society; guys like Trump and Sessions are corrosive negative influences who contribute little of positive value and do great damage to our country, our society, and our collective future every day they hold power, despite having having been given every chance to make positive contributions.

America’s continued greatness, and perhaps our ultimate survival as a nation, depends on whether we can use the legal system and the ballot box to remove corrosive influences like Trump, Sessions, and their ill-intentioned cronies from office before they can completely destroy our country.

PWS

12-10-17

NO SURPRISE HERE! — TRUMP’S GONZO IMMIGRATION ENFORCEMENT PRODUCES LESS THAN ADVERTISED – Majority Of So-Called “Criminal” Arrests & Removals Apparently Involve Relatively Minor Offenders!

http://theweek.com/speedreads/741645/ice-isnt-rounding-violent-criminals-like-trump-promised

Kelly O’Meara Morales reports for The Week:

“U.S. immigration agents are going after minor offenders rather than the hardened criminals President Trump repeatedly warned about, a report released Tuesday by the U.S. Immigrations and Customs Enforcement reveals. Illegal crossings into the United States have dropped and immigration arrests are up under the Trump administration, but the report suggests nearly three-quarters of those apprehensions have been for minor transgressions.

Of the 143,470 immigration arrests made in fiscal year 2017, less than 25 percent of the people arrested had been convicted of or charged with violent crimes. Although the ICE report notes that 92 percent of the people arrested between Jan. 20 and Sept. 30, 2017, did have some criminal convictions or charges against them, the top four criminal charges against those arrested were described as DUIs, “dangerous drugs,” immigration-related violations, or traffic offenses.

In January, Trump signed an executive order to crack down on illegal immigration and declared that “many aliens who illegally enter the United States … present a significant threat to national security and public safety.” Acting ICE Director Thomas Homan indicated at a press conference Tuesday that the agency would have more “collateral arrests” of people who were not initially targeted in ICE raids: “We’re going to arrest them either way. Chances are when we go to their homes, or place of business, we’re going to find other illegal aliens that weren’t even on our radar to begin with.”

Deportations are down 6 percent from 2016, however, and there is currently a backlog of more than 650,000 cases in immigration courts. Read the full report on ICE arrests and deportations here. Kelly O’Meara Morales”

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

The Administration apparently continues to focus on relatively “low hanging fruit” rather than engaging in the more difficult task of rounding up more dangerous criminals.

PWS

12-10-17

 

PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!

https://www.washingtonpost.com/classic-apps/deported-divided-how-a-moms-return-to-el-salvador-tore-her-family-in-two/2017/12/08/70f81724-9a37-11e7-87fc-c3f7ee4035c9_story.html

Maria Sacchetti reports in the Washington Post:

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

 

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Maria Sacchetti reports in the Washington Post:

“Cruz Mendez, 30, made this trip in reverse when she was 18 years old, skipping her high school graduation to flee a neighborhood man who had harassed her in San Salvador. She was detained at the U.S.-Mexico border, released and allowed to join her brother in Virginia. Two months later, an immigration judge in Texas ordered her deported. Cruz Mendez says she never knew about the hearing.

In Fairfax, she was crowned beauty queen at a local Salvadoran festival and met Rene Bermudez, a hazel-eyed laborer who worked construction.

Steve was born in 2007, Danyca in 2012.

Late in 2013, police stopped Cruz Mendez for failing to turn on the lights on her minivan and charged her with driving without a license, an arrest that alerted federal agents to her old deportation order.

While President Barack Obama deported high numbers of undocumented immigrants during parts of his tenure, parents of American citizens with little to no criminal record were not priorities for expulsion. So officials released Cruz Mendez with orders to stay out of trouble and check in with them once a year.

But under President Trump, who campaigned on a promise to crack down on illegal immigration, anyone here without papers can be expelled.

Interior deportations — of people already living in the United States, as opposed to those caught crossing the border — have risen 37 percent since Trump took office. Deportation arrests of non-criminals such as Cruz Mendez — many, like her, with children who were born in this country and are U.S. citizens — surged past 31,000 from inauguration to the end of September, triple the same period last year.

On the May morning when she was scheduled for her yearly check-in, Cruz Mendez lingered in the apartment, which she’d decorated with family photographs, Danyca’s art projects and Steve’s citizen-of-the-month award from elementary school.

She considered the possibility of skipping the check-in, aware of other longtime immigrants who had been deported after similar appointments. But she could not fathom life as a fugitive. Worried, Bermudez warned her that she was going to be late.

“Why are you trying to turn me over so fast?” Cruz Mendez snapped in Spanish.

She eventually walked into the immigration agency’s Fairfax office, accompanied by advocates and loved ones. Agents took her into custody as her supporters shouted.

For a month, her husband and lawyers fought to free her. Steve tried, too, writing letters to Immigration and Customs Enforcement that were full of pleas and questions.

“Plz don’t deport my mom,” one of the letters said.

Who will take me to the doctor, the dentist? Who will take care of me and my sister? Who will I live with?

It didn’t work. On June 14, they sent her back. Bermudez and the kids filled a giant cardboard box with her dresses and shoes, pots and pans, and placed it by the front door, waiting for a courier to take it away.

Steve Bermudez, 10, wrote immigration officials in May to ask them not to deport his mother. For a month, Cruz Mendez’s husband and lawyers fought to free her and stop the deportation. (Sarah L. Voisin/The Washington Post)

Steve looks out the window of the bedroom he used in his mother’s childhood home in El Salvador. The sign advertises fruit and vegetables his family sells. (Sarah L. Voisin/The Washington Post)
‘How can I go?’
Deportations can shatter a family or a marriage. In one study of the aftermath of six immigration raids, family income dropped an average of 70 percent. Another study, of U.S.-born Latino children, found that those whose parents had been detained or deported experienced significantly higher post-traumatic stress disorder symptoms than their peers.

“That child’s more likely to be poor. They’re more likely to be depend on public benefits,” said Randy Capps, U.S. research director for the Migration Policy Institute. “And then psychologically, you just don’t know. There could be an immediate impact; it could be a long time before that psychological impact shows up.”

In the Falls Church apartment, Steve and Danyca cried all the time after Cruz Mendez was deported. No one wanted to eat.

. . . .

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.“

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

Read Maria’s entire story of this grotesque failure of responsible government, common sense, and human decency at the link!

THE GHOST OF CHRISTMAS FUTURE

What kind of country abuses its youth  — our hope for the future —  this way? What kind of county wastes its human capital and potential in this manner? What kind of country empowers leaders who are intentionally cruel, immoral, dishonest, and stupid? What kind of country intentionally turns valued friends and positive contributors into potential disgruntled enemies?

This is the way that a once great nation transforms itself into an “overstuffed banana republic!”

But, it’s not yet too late to change the grim vision of “Christmas Future” being promoted by Trump, Sessions, Kelly, Homan, Bannon, Miller, and their cronies. We can resist the horrible policies of the Trump Administration in the courts of law and the courts of public opinion! Ultimately, totally unqualified officials like Trump, Sessions, and their White Nationalist cronies — who are plotting the end of America as we know it — can be defeated at the ballot box and removed from office.

But, there will come a “point of no return” when the damage done by these corrupt individuals and their enablers (both willing and unwitting) cannot be undone! Are we as smart, human, and capable of leaving behind selfishness and embracing decency and human kindness as Ebineezer Scrooge? Or will the Ghost prove to be the Prophet in this version of the Christmas Carol?

PWS

12-09-17

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

 

DUE PROCESS DENIED! — NIJC REPORT FINDS THAT DHS DETENTION IN OBSCURE LOCATIONS DEPRIVES MIGRANTS OF MEANINGFUL ACCESS TO COUNSEL! — This Is What Happens When We Enable The “American Gulag!”

http://www.immigrantjustice.org/research-items/report-what-kind-miracle-systematic-violation-immigrants-right-counsel-cibola-county

A new in-depth study by the National Immigrant Justice Center (“NIJC”) shows how the Administration is intentionally using detention to deny Constitutional Due Process of Law to some of the most vulnerable:

“Introduction

Cibola County Correctional Center in Milan, New Mexico

When Donald Trump was elected president, the immigration detention system was already mired in such dysfunction that it routinely threatened the lives of those trapped inside. More than a year later, the administration intentionally uses its broken network of hundreds of immigration jails to advance an agenda that prioritizes mass deportation above respect for basic rights. This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)1 with the capacity to jail 1,100 immigrants facing deportation. Located far from any major urban center in a state with no immigration court, the prison has become a black hole of due process rights.

The National Immigrant Justice Center (NIJC) is particularly alarmed by the lack of meaningful access to counsel at the Cibola prison. Federal immigration law allows immigrants the right to counsel in deportation proceedings, but immigrants must locate and pay for it themselves. Immigrants detained in Cibola and many other immigration jails nationally are unable to avail themselves of this right because the capacity of nearby legal service organizations to provide representation is dwarfed by the need. An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time — six percent of the jail’s population in April 2017. The due process violations occurring at Cibola and other Department of Homeland Security (DHS) prisons are the latest consequences of the Trump administration’s scheme to jail so many immigrants, and in such remote locations, that their right to representation is rendered meaningless.

An NIJC survey of legal service providers reveals that New Mexico and Texas immigration attorneys, at their maximum capacity, are only able to represent approximately 42 detained individuals at the Cibola prison at any given time – six percent of the jail’s population in April 2017.

In light of DHS’s systematic and willful rights violations, NIJC calls on the agency to close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel, and demands that Congress immediately cut funding for DHS’s enforcement and detention operations. (See Recommendations.)

U.S. Immigration Detention National Average Daily Population From 1994 To 20172
U.S. Immigration Detention National Average Daily Population from 1994 to 2017
. . . .
Cibola County Correctional Center in Milan, NM

 

The Future Of Immigration Detention: Why Cibola Matters

DHS paid little heed to the dearth of affordable legal services near Cibola when it entered its agreement with Cibola County and CoreCivic. Such a lapse is by no means new or unique. DHS has grown and maintained the immigration detention system in a manner incompatible with civil rights and due process protections.

In many ways, the Trump administration inherited an immigration detention system already riddled with abuse and neglect. Detained individuals, advocacy organizations including NIJC, and DHS’s Office of Inspector General have reported for decades on the profoundly inhumane conditions pervasive throughout the detention system, including: the excessive and arbitrary use of solitary confinement;22 inadequate, unsafe and spoiled food service;23 abuse of force by officers;24 and deaths attributable to medical negligence.25 Rather than assess possible reforms to address these problems—as the non-partisan Homeland Security Advisory Council advised in late 201626—the Trump administration quickly implemented changes that exacerbated existing harms. Today, DHS jails approximately 40,000 immigrants daily —more than any administration in recent history27— and holds them longer.28 The administration has publicly embraced the use of prolonged detention for asylum seekers29 and moved to weaken the standards governing conditions of detention.30

The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.

Immigrants in detention centers throughout the country face the same frustrations as those jailed at Cibola when they try to find a lawyer. Nationally, fewer than one in every five immigrants in detention is able to find a lawyer.31 The Los Angeles Times recently reported that about 30 percent of detained immigrants are jailed more than 100 miles from the nearest government-listed legal service provider,32 with a median distance between the facility and the service provider of 56 miles.33

Access to counsel is important. Unrepresented, a detained immigrant, who often does not speak English, must develop her own legal arguments for relief eligibility, gather evidence that is often only available from within her country of origin (where she may fear for her own or her family’s safety), complete an application in English, and present a coherent presentation of her case to an immigration judge, all while a government-funded DHS prosecutor argues for her deportation.34 Faced with such a daunting task, immigrants enduring the isolation of detention are far less likely than those living in the community to defend against deportation and less likely to win their cases when they do so. The psychological harms caused by detention, especially for those with previous histories of torture or trauma,35 are so debilitating that even those with the strongest claims to legal protection in the United States often abandon the process and choose deportation instead.36 Detained immigrants with lawyers are 11 times more likely to pursue relief and are at least twice as likely to obtain relief as detained immigrants without counsel.37 A study analyzing the impact of appointed counsel for detained immigrants in New York City found a 1,100 percent increase in successful outcomes when universal representation became available..38

There is no doubt that DHS knows what it is doing. NIJC’s 2010 report Isolated in Detention documented the due process crisis already unfolding in the immigration detention system. At that time, NIJC found that 80 percent of detained immigrants were held in facilities that were severely underserved by legal aid organizations, with more than 100 immigrants for every full-time nonprofit attorney providing legal services.”40 The report presented eight recommendations to DHS and the Department of Justice to improve access to legal counsel for detained immigrants.41 Not one of the recommendations has been adopted or implemented by either agency.

Recently, DHS announced its interest in building new prisons in or near southern Texas; Chicago, Illinois; Detroit, Michigan; St. Paul, Minnesota; and Salt Lake City, Utah. The agency stated its goal was to increase the system’s capacity by up to 4,000 more beds.42Legal aid organizations in these regions sent a letter to DHS explaining that they would have little or no capacity to provide meaningful access to counsel if the government carries out this expansion.43 As of publication of this report, DHS has not responded to this letter nor contacted any of the organizations to assess access to legal counsel.

The administration seems poised to duplicate Cibola throughout the country. Its goal is clear: by undermining detained immigrants’ access to counsel, the administration ratchets up its removal rates.

When the administration flaunts its record rates of deportations, it is telling a story of what happens to immigrants like Christopher and hundreds of others at Cibola who face insurmountable barriers to justice, not describing a legitimate outcome of enforcement of United States law. Jailing immigrants during their deportation proceedings makes it significantly more likely they will be deported, regardless of the merits or strength of their defense to deportation. At Cibola and prisons like it throughout the United States, incarceration has become another weapon in the administration’s arsenal, intended to facilitate mass removals no matter the cost to due process or civil rights.

 

Recommendations

DHS must close detention facilities like Cibola, where due process is non-existent given individuals’ lack of access to counsel.

Congress must cut appropriated funds for immigration detention, in light of the civil rights and due process crisis within the system.

Specifically, Congress must:

  1. Cease funding to detain individuals where there is no evidence of flight or security risk.
  2. Engage in robust oversight to ensure that when DHS does utilize detention, funding is only available for facilities where there  is sufficient access to legal counsel (an established immigration bar) and adequate health care for individuals in detention.

 

A Note On Methodology

For the survey cited in this report, the National Immigrant Justice Center (NIJC) undertook a census of all the attorneys we could identify who regularly practice immigration law in New Mexico and Texas. The intent was to determine 1) the number of attorneys available to take immigration cases out of the Cibola County Correctional Center and 2) the maximum number of cases each attorney could take at a given time. NIJC staff identified all attorneys in New Mexico who, as of July 2017, were members of the American Immigration Lawyers Association (AILA), the primary membership association for immigration attorneys in the United States (identified using the membership directory at http://www.aila.org/member-directory). Through informal conversations with AILA members and legal aid organizations, NIJC staff added other New Mexico- and Texas-based attorneys to the list who were identified as providing even minimal legal representation at Cibola. NIJC staff and interns reached out to each of these attorneys via email and telephone. NIJC communicated directly via phone or email with an attorney or authorized staff person at all but nine of the 60 offices on the final list. Each attorney was asked whether they were able and willing to provide legal representation to individuals detained at Cibola, for a fee or on a low-cost or pro bono basis, and if so approximately how many cases they could take at maximum capacity. The detailed results of this census are on record with NIJC.

In addition to these census questions, NIJC staff held more extensive interviews with staff members at the following nonprofit legal service providers: Catholic Charities of Southern New Mexico (Las Cruces, NM); Diocesan Migrant and Refugee Services (El Paso, TX); Instituto Legal (Albuquerque, NM); Las Americas Immigrant Advocacy Center (El Paso, TX); the New Mexico Immigrant Law Center (Albuquerque, NM); and Santa Fe Dreamers Project (Santa Fe, NM). Additionally, in June 2017 NIJC staff members visited the Cibola prison, where they spoke with 12 individuals detained at the facility whose insights inspired and contributed to this report. Notes from these conversations are on record with NIJC. Notes from all of these conversations are on record with NIJC.

Acknowledgements

The principal authors of this report are NIJC Director of Policy Heidi Altman and NIJC Director of Communications Tara Tidwell Cullen, with research and editing contributions from NIJC colleagues Keren Zwick, Diane Eikenberry, Mary Meg McCarthy, Claudia Valenzuela, Julia Toepfer, and Isabel Dieppa. NIJC interns Linda Song and Anya Martin also contributed to this report. Sincere thanks for insights and support from Jessica Martin and Rebekah Wolf of the New Mexico Immigrant Law Center, Allegra Love of the Santa Fe Dreamers Project, Yazmin Ruiz of United We Dream, and the detained immigrants whose experiences are described in this report.

All photos credit the National Immigrant Justice Center.”

 

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

Read the complete report at the link.

NIJC confirms what most of us involved in the immigration justice system already know — that the Trump Administration has “doubled down” on the Obama Administration’s misguided detention policies to create an “American Gulag.” A key feature of the Gulag is using captive so-called “U.S. Immigration Courts” in prisons. Such “captive prison courts” actually are parodies of real independent courts empowered to require Due Process for migrants and adherence to the rule of law. Immigration detention is a national disgrace for which all of us should be ashamed.

But, don’t expect any improvement from the Trump Administration unless the Article III Courts require it or we get a different Congress at some point. (I note that a few Democrats have honed in on this issue and introduced the “Dignity for Detained Immigrants Act” which unfortunately is DOA in this Congress.) Given the performance of the Article IIIs to date in this area, and the Trump Administration’s “quietly successful” program to stock the Article IIIs with right-wing ideologues, I wouldn’t count on that either. On the other hand, I’ve seen even very committed conservative jurists reach their “breaking point” on Government immigration abuses once they become life-tenured Federal Judges and are no longer directly accountable to their right-wing “political rabbis.” Denial of statutory, Constitutional, and Human Rights sometimes crosses over ideological fault lines.

Kudos to my good friends and dedicated defenders of Due Process and Human Rights Heidi Altman and Diane Eikenberry of the DC Office of the of the NIJC/Heartland Alliance for their leadership role in exposing these continuing abuses and making a record for future generations to understand and hopefully act on our current failure to make “equal justice for all” a reality in America and the related failure of our U.S. Immigration Courts to live up to their commitment to use “best practices” to “guarantee fairness and due process for all.”

PWS

12-05-17

ICEMEN SQUARE OFF! – Internal Spat Roils Immigration Enforcers!

https://www.washingtonpost.com/local/immigration/president-trump-reached-out-to-an-ice-union-chief-over-feud-with-homan/2017/12/04/7a879cac-d528-11e7-95bf-df7c19270879_story.html

Maria Sacchetti reports for the Washington Post:

“Immigration and Customs Enforcement chief Thomas D. Homan and a vocal labor union that represents part of the agency’s workforce are both big fans of President Trump’s tough deportation policies. But they are increasingly at odds with each other.

Tensions spilled over in November when Trump nominated Homan to serve in the role permanently. The National ICE Council went public with allegations that the agency is “grossly mismanaged” and urged Trump to investigate. An ICE spokeswoman called the union’s claims “baseless” and said agency morale has increased nationwide since Homan took the helm in January.

Seeking to quell the controversy, Trump reached out to union president Chris Crane to set up a meeting. But the White House also says it steadfastly supports Homan, who is awaiting a Senate confirmation hearing and has backing from Republicans in Congress.

“The president nominated Tom Homan for his decades of experience and steadfast commitment to enforcing the law,” said Raj Shah, a White House spokesman. “He has earned the strong support of the rank-and-file ICE officers and will make an outstanding director.”

The dispute pits two of Trump’s loyal supporters against each other — the union that endorsed him for president and the top ICE official who defends his hard-line views. It is erupting as the White House is urging Congress to significantly expand the agency.

2:42
Trump said he would deport millions. Now ICE is in the spotlight.

(Monica Akhtar/The Washington Post)
Critics dismiss the union’s complaints as part of a long-running power struggle and say the allegations are either unsubstantiated or amount to isolated incidents in the sprawling federal agency. But union leaders, who represent 6,000 employees, say they are frustrated by what they call a failure by Homan and other top managers to stem misconduct in an agency that has little public oversight.”

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

Read the complete article at the link.

DHS appears to be an agency where the line cops have seized control of policies and basically do whatever they feel like doing in arresting folks and starting removal cases. No wonder there is a backlog in the U.S. Immigration Courts!

Interestingly, neither Trump’s nor Homan’s willingness to pander to “gonzo” enforcement appears to have appeased the troops. I have little doubt that there is unpunished “misconduct” at DHS.

For example, several recent reports by the DHS IG paint a picture of an agency suffering from bureaucratic incompetence and occasional lawlessness. But, that doesn’t seem to concern Trump and his followers. Indeed, several recent articles indicate that there have been nearly unprecedented internal attempts to suppress certain parts of the report on the implementation of the original Travel Ban and to impede the information from getting to Congress.

PWS

12-05-17

 

 

 

LA TIMES: ICE DRAGNET SNARES US CITIZENS — Quick To Arrest, Slow To Release — The “Crime” Of Being Latino & Born In Mexico — How Would YOU Prove U.S. Citizenship If The ICEMEN Cometh?

https://flipboard.com/@flipboard/-how-a-us-citizen-was-mistakenly-targete/f-f3ae242702%2Flatimes.com

Joel Rubin & Paige St. John report for the LA Times:

“Sergio Carrillo had already been handcuffed in the Home Depot parking lot when an officer wearing a Homeland Security uniform appeared.

“Homeland Security?” Carrillo asked. “What do you want with me?”

Ignoring Carrillo’s demands for an explanation, the officer ordered the 39-year-old taken to a federal detention facility in downtown Los Angeles for people believed to be in the country illegally.

“You’re making a big mistake,” Carrillo recalled saying from the back seat to the officers driving him. “I am a U.S. citizen.”

The arrest last year was the start of a perplexing and frightening ordeal for Carrillo, who said in an interview with The Times that immigration officials scoffed at his repeated claims of citizenship and instead opened a case against him in immigration court to have him deported. It would take four days for government officials to concede their mistake and release Carrillo.

The case, say civil rights attorneys and other critics of the country’s immigration enforcement system, highlights broader problems with how people are targeted for deportation. They argue databases used by immigration officials to determine who is and isn’t in the country legally are beset by outdated and inaccurate information that leads to an unknown number of U.S. citizens being detained each year.

Since 2002, Immigration and Customs Enforcement has wrongly identified at least 2,840 United States citizens as possibly eligible for deportation, and at least 214 of them were taken into custody for some period of time, according to ICE records analyzed by the Transactional Records Access Clearinghouse at Syracuse University.

Because ICE in January stopped releasing data on those it takes into custody, it is impossible to know how many citizens have been caught up in the aggressive push to increase arrests and deportations being carried out under President Trump.

In one such case, Guadalupe Plascencia complained that she was transferred from San Bernardino County jail to ICE custody in March despite having become a citizen two decades earlier. The 59-year-old hairdresser said she was released only when her daughter showed ICE agents her passport.

On Wednesday, attorneys for Carrillo announced a settlement deal in which the government will pay him $20,000 to resolve a civil lawsuit he filed over the arrest.

ICE officials could not be immediately reached Wednesday.”

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

Read the complete article at the link. Many thanks to Nolan Rappaport for sending this my way.

If you read the complete story, you will see that even after learning of their likely mistake, ICE was in no hurry to correct it. In fact, it appears that but for the intervention of his lawyer, this individual might well have remained in detention and been scheduled for a removal hearing before an Immigration Judge. At no point does in this article does it appear that ICE was in any way apologetic for its mistake. Indeed, it took a civil lawsuit and a $20,000 settlement to get any satisfaction.

What if this U.S. citizen had been an “Anglo” dressed in a business suit? Would he have been treated the same way by ICE? I doubt it.

As I have pointed out before, Trump, Sessions, Miller and their White Nationalist cronies are in the process of constructing an internal security police force using ICE as the spearhead. Today, their targets are mostly people of color — be they migrants, legal immigrants, refugees, or U.S. citizens — and most in the “Anglo Community” seem happy to ignore what’s really happening to their neighbors and in their communities.

But, the “Day of the Anglos” might still come. After all, there is a long list of Americans who are not entitled to full legal protections according to “Jeff’s Law:” LGBTQ individuals, reporters, liberal counter demonstrators, those who challenge police brutality, voters in gerrymandered districts, women who want to exercise their Constitutional right to an abortion, non-Christians, etc. Who is going to speak up for YOUR rights if your Government won’t?

According to DHS propaganda, the “hard-line” policies of the Trump Administration have resulted in spectacularly diminished illegal border crossings and are discouraging individuals from coming here or staying under our legal system. As I’ve observed, some immigration agents have so little “real” law enforcement work to do that they can take time to engage in such “enforcement overkill” as staking out a kid’s hospital room or arresting and deporting working parents of U.S. citizens and local soccer stars who have no serious criminal records.

So, with everything under control, why does the Trump Administration need 15,000 additional immigration agents, a Border Wall, and an expanded private immigration detention Gulag? What’s the “ultimate purpose” here? Who’s going to speak up for YOUR legal rights when the Trumpsters show up at your door to take them away?

PWS

11-30-17

 

 

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

 

FEAR AND LOATHING IN ATLANTA: The Worst Place In America To Be Undocumented?

https://www.nytimes.com/2017/11/25/us/atlanta-immigration-arrests.html

Vivian Yee writes in the NY Times:

“CHAMBLEE, Ga. — Not many notice when the SUVs arrive.

Around 5 a.m., when the immigration agents pull into the parking lot of the Chamblee Heights apartments, 16 miles from downtown Atlanta, only one person is on the lookout.

Cristina Monteros catches sight of the cars with the telltale tinted windows from her small apartment near the front, where she runs a day care, and calls her downstairs neighbor: ICE is here.

The neighbor dials another, who passes it on. It takes less than 15 minutes for everyone in the complex to hear about “la migra,” whereupon they shut their doors and hold their breath. Some show up late to work, and others skip it altogether. The school bus might leave some children behind.

“It’s just us helping each other out,” said Ms. Monteros, 35. “There’s fear every day.”

Few places in the United States have simultaneously beckoned undocumented immigrants and penalized them for coming like metropolitan Atlanta, a boomtown of construction and service jobs where conservative politics and new national policies have turned every waking day into a gamble.

President Trump has declared anyone living in the country illegally a target for arrest and deportation, driving up the number of immigration arrests by more than 40 percent this year. While the Obama administration deported record numbers of undocumented immigrants, it directed federal agents to focus on arresting serious criminals and recent arrivals. The current administration has erased those guidelines, allowing Immigration and Customs Enforcement agents to arrest and deport anyone here illegally.

Freed of constraints, the regional ICE office in Atlanta made nearly 80 percent more arrests in the first half of this year than it did in the same period last year, the largest increase of any field office in the country.

It has had help. Local sheriffs and the police have been working with federal agents to identify and detain immigrants, a model of cooperation that the Trump administration is rapidly trying to expand throughout the country.

Every few hours, an unauthorized immigrant is booked into a county jail on charges as serious as assault and as minor as failing to signal a right turn. Then the jail alerts ICE — contrary to what happens in the so-called sanctuary cities repeatedly denounced by Mr. Trump, where local authorities refuse to turn immigrants over to the federal agency except in cases involving the gravest crimes.

Atlanta’s immigrants can do little but hide. At strip-mall taquerias and fruit stands, business has lagged. Word of the arrests flows through neighborhood phone trees, and Facebook has become an early-warning system for people desperate for clues about where ICE is operating. All around the metropolitan area, cabs and Uber cars are picking up immigrants who know driving their own cars may get them no further than detention.

. . . .

An analysis of one month of Gwinnett County jail records from this summer shows that 184 of the 2,726 people booked and charged at the jail were held for immigration authorities. Almost two-thirds of those detained for ICE had been charged with a traffic infraction such as failing to stay in their lane, speeding or driving without a license. Others were booked on charges including assault, child molestation and drug possession.

Advocates for immigrants have accused officers in 287(g) counties of targeting Hispanic drivers, a claim local police have denied.

“Local law enforcement is just chasing Latinos all over the place for tiny traffic infractions,” said Adelina Nicholls, the executive director of the Georgia Latino Alliance for Human Rights.

But to Butch Conway, the longtime sheriff of Gwinnett County, there is no reason his deputies should not turn in immigrants caught driving without a license. They are, after all, doubly breaking the law.

“I find it offensive that they just thumb their nose at our laws and operate vehicles they are not licensed to operate,” Mr. Conway said in a 2010 interview, “on top of the fact that they are here illegally.” (Through a spokeswoman, he declined to comment for this article.)

In nearby Cobb County, Maria Hernandez, a school janitor from Mexico, was arrested while driving home from work one night in May. An officer conducting a random license tag check, a common practice in some police departments, had determined through a state database that the tag had been suspended because the car lacked insurance. After pulling over Ms. Hernandez, the officer then discovered she had no driver’s license.

Her boss tried to bail her out of the Cobb County jail, but was told that the money would go to waste: She was headed to immigration detention, where she would spend three days trying to explain that she was a single mother with a sick child. Estefania, her 13-year-old daughter, was being treated for depression after a suicide attempt.

Ms. Hernandez was released, given an ankle monitor and told to report back with a plane ticket. (A lawyer has helped delay the deportation.)

Her car, in fact, was insured; the officer had called in the wrong license tag, according to a Cobb County Police Department spokesman, Sgt. Dana Pierce.

Sergeant Pierce said it made no difference, given Ms. Hernandez’s lack of a driver’s license. Generally, “there is no singling out of any race, creed, color, religion or anything else,” the sergeant said.

But by the time the mistake was discovered, it was too late. Ms. Hernandez was already being booked into the county jail.”

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

Read Yee’s complete article at the link.

As has been noted before on this blog, the U.S. Immigration Courts in Georgia also have the reputation of being most anti-migrant in the country.

PWS

11-26-17

WALL OF WORDS! – MANY SAY TRUMP’S HARD-LINE, ANTI-IMMIGRANT RHETORIC, ANTI-REFUGEE MOVES, & RANDOM INTERIOR ENFORCEMENT HAVE ALREADY DRAMATICALLY STEMMED THE FLOW OF UNDOCUMENTED MIGRANTS – THE “CLIMATE OF FEAR” WORKS! — So, Who Needs “The Wall” Or Thousands of New Agents?

http://www.newsweek.com/forget-border-wall-how-trump-has-shaped-immigration-without-it-713608

Nicole Rodriguez writes in Newsweek:

“Who needs a wall?

Less than a year into his presidency, Donald Trump is moving swiftly to reshape the nation’s immigration system in more concrete ways, curtailing illegal crossings at the U.S.-Mexico border and sending a chill throughout Central America.

In a stark reversal from the Obama era, the administration has ramped up round-ups of undocumented immigrants regardless of age or criminal history, expanded detention space and stepped up workplace raids. Officials have also restricted the number of refugees allowed into the country while pushing to speed the deportation cases of hundreds of thousands of immigrants awaiting legal decisions.

Taken together, the policy changes have put the border wall debate on the backburner, advocates on both sides of the issue said.

“Expanded border barriers—whether you call them walls or something else—are not priority,” said Mark Krikorian, executive director of the Center for Immigration Studies, a conservative think tank in Washington, D.C. that supports tighter controls on immigration.

RTSXKERA worker chats with residents at a newly built section of the U.S.-Mexico border fence at Sunland Park, U.S. opposite the Mexican border city of Ciudad Juarez, Mexico January 26, 2017. JOSE LUIS GONZALEZ/REUTERS

“There’s no question the president has changed the tone of the debate and that caused a huge drop in illegal crossings,” Krikorian told Newsweek.

To be sure, the border wall has been bogged down by political obstacles, including the fact that Congress has not appropriated funds to build it. But the shifting sentiment is striking given how central the border wall was to Trump’s political support in last year’s presidential campaign. Its mere mention was an applause line at rallies and Trump himself said it was key to stemming the flow of illegal immigration.

But since his January inauguration, apprehensions at the U.S.-Mexico border have dipped, according to the most recent data from Customs and Border Protection. Agents apprehended 31,582 undocumented immigrants at the border in January, compared to 22,293 in August, the latest available data. April saw the year’s low, with just 11,125 apprehensions.

Adam Isacson, director for defense oversight at The Washington Office on Latin America, a human rights advocacy organization, said news of the administration’s actions is spreading through Central America and discouraging crossings. At the same time, a climate of fear in the United States is gripping undocumented immigrant communities.

“People are avoiding going outside to get their groceries. They have friends to come and do that for them,” Isacson said. “They’re missing a lot of work when they learn that Immigration and Customs Enforcement is in the area and kids are not going to school as much. There’s real fear there.”

Indeed, the immigration overhaul has come so fast that the ranks of federal immigration judges are pushing back on some elements. At issue are the administration’s plans to impose “numeric perfomance standards” on judges deciding deportation cases.

The White House has said the quotas are necessary to help reduce a backlog of more than 600,000 cases, but judges say the standards will hamstring their ability to decide complex, life-and-death cases.

“[It’s] completely at odds with the kind of independence a judge needs,” Dana Leigh Marks, a spokesperson for the National Association of Immigration Judges and a federal immigration judge for more than 30 years, told Newsweek.”

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

Read the complete article at the link.

Nolan Rappaport reminds me that he predicted that cutting off the “home free magnet” in the interior would have a dramatic deterrent effect on illegal migration.

On the other hand, it remains to be seen whether having a system that relies on largely random enforcement to spread a climate of fear and loathing among a community of generally law-abiding, productive migrants, intertwined with citizens and legal residents, who are part of our communities is something that we’ll ultimately be proud of as a nation.

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

 

THE HILL: N. RAPPAPORT SAYS THAT EXPEDITED REMOVAL IS THE ANSWER TO IMMIGRATION COURT BACKLOGS – I DISAGREE!

http://thehill.com/opinion/immigration/360139-our-immigration-courts-are-drowning-expedited-removal-can-bring-relief

Nolan writes:

“Trump has acknowledged that the immigration court’s enormous backlog cripples his ability to remove illegal immigrants in a timely manner, but his plan to deal with the backlog isn’t going to work.

This chart from the Executive Office for Immigration Review’s (EOIR) FY2016 Statistics Yearbook shows that the immigration judges (IJs) have not been making any progress on reducing the backlog.

At a recent Center for Immigration Studies panel discussion on the backlog, Judge Larry Burman said, “I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020.”

By the end of September 2016, the backlog was up to 516,031 cases. A year later, it had grown to 629,051.

. . . .

If Trump relies on hiring more IJs to deal with the backlog crisis, his enforcement program will be a dismal failure.

His only viable alternative is to reduce the size of the immigration court’s docket, which he can do by promulgating regulations making IJ hearings unavailable to aliens whose cases can be handled in expedited removal proceedings.

He seems to have had this in mind when he directed DHS to use expedited removal proceedings to the full extent authorized by law, which would include most of the undocumented aliens in the United States who were not lawfully admitted, unless they can establish that they have been here for two years.

In expedited removal proceedings, which are conducted by immigration officers, aliens can be deported without IJ hearings unless they have a credible fear of persecution. If they establish a credible fear of persecution, they are entitled to an asylum hearing before an IJ.

But would the courts stop him?”

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

Go on over to The Hill at the link to read Nolan’s complete article.

Expedited removal is the wrong solution to the Immigration Court backlog!

  • As I have noted in recent blogs, recent studies show that Immigration Court hearings area already falling substantially short of providing real due process because of lack of available counsel and overuse of immigration detention. Expedited removal would aggravate that problem tenfold.
  • Expedited removal couldn’t begin to solve the current backlog problems because the vast majority of the estimated 11 million individuals already here have been here for more than two years and can prove it, most from Government records. Indeed, I’d wager that the vast majority of individuals in Removal Proceedings in U.S. Immigration Court have had their cases pending for two or more years.
  • The problems in Immigration Court were caused by “Aimless Docket Reshuffling” by the last three Administrations emanating from undue political influence from the Department of Justice, DHS, and the White House. Only an independent Immigration Court that places control of the dockets in individual Immigration Judges, where it belongs, can address those problems.
  • The answer to hiring problems resulting from poor management and political hiring from the DOJ is certainly not to “get rid of” any existing U.S. Immigration Judges. Whether the hiring was done properly or not, there is no reason to believe that any of the currently sitting local U.S. Immigration Judges did anything wrong or participated in the hiring process other than by applying for the jobs. The system needs all the experienced judges it currently has.
  • The problem of inconsistency will only be solved by having an independent BIA that acts in the manner of an independent appellate court, cracking down on those judges who are not correctly applying legal standards. That’s how all other court systems address consistency issues — through precedent and independent appellate review. Numerous examples have been documented of Immigration Judges in courts like Atlanta, Stewart, and Charlotte, to name three of the most notorious ones, improperly denying asylum claims and mistreating asylum applicants. The BIA has failed to function in a proper, independent manner ever since the “Ashcroft Purge.” The only way to get it doing its job is by creating true judicial independence.
  • “Haste makes waste” is never the right solution! It’s been done in the past and each time has resulted in increased backlogs and, more importantly, serious lapses in due process.
  • The docket does need to be trimmed. The Obama Administration was at least starting the process by a more widespread use of prosecutorial discretion or “PD” as in all other major law enforcement prosecutorial offices. Most of the individuals currently in the country without status are assets to the country, who have built up substantial equities, and do not belong in removal proceedings. No system can function with the type of unregulated, irrational, “gonzo” enforcement this Administration is pursuing.
  • The reasonable solution is to do what is necessary to build a well-functioning system that provides due process efficiently, as it is supposed to do. The elements are reasonable access to lawyers for everyone in proceedings, reducing expensive, wasteful, and fundamentally unfair use of detention, better merit hiring and training procedures for Immigration Judges, modern technology, better use of prosecutorial discretion by the DHS, legislation to grant legal status to law-abiding productive individuals currently present in the US without status, and a truly independent judicial system that can develop in the way judicial systems are supposed to — without political meddling and without more “haste makes waste” schemes like “expedited removal!”

PWS

11-14-17

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

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