ICE BRINGS MINDLESS CRUELTY TO THE HEARTLAND – Badger State Feels The Sting Of Trumpist Xenophobia!

https://madison.com/ct/news/local/govt-and-politics/they-re-basically-destroying-our-family-madison-leaders-react-to/article_692096c3-556a-58b5-a2e5-9ac77f3f76d4.html

Abigail Becker reports from Madison, WI for The Capital Times:

Gissell Vera was on her way to school Friday morning, but turned around when she received a text message from her aunt informing her that someone had knocked “aggressively” at her door.

Vera, 18, is the strongest bilingual speaker in her family and her language skills were needed at home to get information from the Immigration and Customs Enforcement agents who came to detain her uncle, Erick Gambao Chay.

“They’re basically destroying our family,” Vera said at a press conference Monday at Centro Hispano. “Why are they doing that? It’s just chaos.”

Gambao Chay, a father of three children under the age of 10, was one of approximately 11 individuals known to be detained by ICE agents in the Madison area starting Friday, according to Voces de la Frontera, an immigrants rights advocacy group based in Milwaukee.

Over the weekend, reports of co-workers, employees and family members surfaced on social media, heightening tension in the community.

“It may seem a small number, but these are the breadwinners from the families,” Dane County immigration affairs specialist Fabiola Hamdan said. “They are the ones that are (leaving) behind kids, moms, wives and the community … it’s a super hard day for us, not only Latinos but all immigrants.”

Kazbuag Vaj, the co-executive director of Freedom Inc., reminded those at the press conference that the issue of immigration does not only affect the Latino community. Vaj works with Hmong and Cambodian refugees who could also be vulnerable to ICE.

“As a community that’s already heavily policed because we live in low-income housing and we live right around this area … having ICE, an additional militarism, in this community adds additional stress to the families,” Vaj said. “We are in crisis also.”

‘They are not police’

Voces de la Frontera also reported that ICE agents arrested 15 people in Arcadia, three people in Milwaukee and five in Green Bay as of Monday morning. In some cases, including the arrest of Vera’s uncle, ICE agents are “falsely identified themselves as police,” they said.

Vera explained to a packed room of reporters, local and state officials, and dozens of community members that her family is used to working with local police officers.

“We live in a very unsafe neighborhood, so it’s normal for law enforcement to come and ask questions,” she said. “We always cooperate because we live in a really united community.”

The agents identified themselves with ICE and arrested Gambao Chay as his children clung to him. Gambao Chay’s three children and wife were previously hiding in the attic for fear of deportation.

“Once my uncle walked up to the door, they said, ‘We’re ICE police and you have to come with us because you haven’t been behaving well and you don’t have the right to be here,’” Vera said.

Mayor Paul Soglin said the tactic is a lie used by ICE to “create confusion and worsen an already bad situation.”

“We are going to continue to protest the use of police in regards to ICE’s activities,” Soglin said. “They are not police. They are federal agents who are using their authority to come into a local situation.”

Soglin said the city’s priority is to identify the individuals who have been detained and get them access to legal services. He also requested a meeting with mayors from across the nation and ICE officials to discuss the lack of communication with local agencies.

“We do not need you making your determination that someone who may have some traffic violations, someone who may only be undocumented or have some other minor offenses is someone who is of danger to our community,” Soglin said, directing his comments to the federal agency.

Madison Police Chief Mike Koval and Dane County Sheriff Dave Mahoney have reiterated their commitment to the Madison and Dane County community and not to enforcing immigration law.

Koval said Friday that he was not informed that ICE would be in the area even though the MPD has a standing agreement with the agency to be notified when agents will be in the community. Koval has reiterated that enforcement of immigration laws remains primarily with the federal government.

“To this end, MPD will not self-initiate contact, detain, arrest, or investigate any person(s) solely for a suspected violation of immigration status laws,” according to the department’s code of conduct.

MPD cooperates with ICE when the operation deals with “serious crimes directly relating to public safety” including the following situations as listed in the MPD’s standard operating procedure on the enforcement of immigration laws:

  • The individual is engaged in or is suspected of terrorism or espionage.
  • The individual is reasonably suspected of participating in a criminal street gang.
  • The individual is arrested for any violent felony.
  • The individual is a previously deported felon.

Mahoney has refused to cooperate with ICE and rejected requests by ICE to hold people for 48 hours after they post bail or serve their sentences so ICE officials can arrange to detain them.

“Raiding our community without notifying local law enforcement puts our community at risk,” Mahoney said.

U.S. Rep. Mark Pocan called ICE an “increasingly rogue agency” and has strayed from what said is the agency’s original purpose, which was to “protect domestically from terrorism.” Pocan said the agency would publish a list online of individuals who have been detained within the next two days.

“To not tell the sheriff you’re coming in and doing raids, to not tell the Madison police, to not talk to your federal representatives along the way, is exactly what’s wrong with the agency,” Pocan said.

Those who have been affected by ICE can call Hamdan, the Dane County’s immigration affairs specialist, at 608-242-6260.

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Meanwhile, up in Green Bay, things are no better:

https://www.greenbaypressgazette.com/story/news/2018/09/24/ice-making-arrests-green-bay-madison-milwaukee-immigration-rights-group-says/1414936002/

, report for the Green Bay Press-Gazette:

GREEN BAY – A father of eight children, and a man preparing for his children’s baptism, were among at least six people arrested in Green Bay this weekend in a U.S. Immigration and Customs Enforcement operation carried out in more than a dozen Wisconsin counties.

No one from ICE could say Monday who had been arrested, or what charges they might face.

“Yesterday, ICE knocked on my door and took my ex-husband and the dad of my kids,” Cruz Sedano said through a translator at a community meeting Monday.  “… we were all preparing for my (children’s) baptism.”

The ICE operation was unusual in that Green Bay authorities had no notice that an operation was planned. The agency in the past has alerted police when they’ve planned an operation, and sometimes asks for assistance, city Police Chief Andrew Smith said.

Police officials and a representative from the mayor’s office met with members of the Hispanic community Monday night at Peace United Methodist Church, which hosted a community meeting with the hope of answering questions and calming fears about the arrests.

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As children played outside the meeting, Smith and Celestine Jeffreys, chief of staff to Mayor Jim Schmitt, tried to reassure people that the city wants to protect community residents within the bounds of the law. But they also acknowledged that ICE has the authority to enforce federal immigration statutes.

“Unfortunately, this is the ugly balance that we have to strike as a municipality in between the community and the federal government,” Jeffreys said. “So we cannot inform the community that ICE is here … I know that’s an answer you don’t want to hear.”

‘Very afraid’

The arrests clearly sent ripples of fear through the Hispanic community, whose members worry a loved one or neighbor could be arrested and deported.

Maria Plascencia, director’s assistant at the Green Bay-area Hispanic resource center Casa ALBA Melanie, said her group fears “many more” arrests are possible.

“This community is very afraid to send their kids to school, because they do, it (might be) the last time they will see them,” Plascencia said.

She said her agency has fielded questions since Friday from community members who had family members arrested.

Smith said the arrests were part of an ICE operation in 14 counties. Milwaukee, Dane and Trempealeau counties also saw similar arrests by Immigration and Customs agents, the group Voces de la Frontera reported.

An ICE spokesman wouldn’t discuss details of the Green Bay arrests Monday afternoon, but said in a statement the agency focuses on people “who pose a threat to national security, public safety and border security.”

‘Targeted arrests’

“ICE officers are out in the community every day conducting targeted arrests,” the statement said. “ICE conducts targeted immigration enforcement in compliance with federal law and agency policy. While looking for those specific individuals, ICE officers sometimes encounter others who have violated U.S. immigration laws.

“However, as leadership has made clear, ICE does not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of U.S. immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”

Police chief Smith said this ICE visit was different. “It’s been their standard operating procedure to let local law-enforcement know,” Smith said. “They did not call us this time.”

ICE will typically inform police about who the group is looking for, and inform the department about specific individuals if they are wanted for felony crimes, Smith said.

He said Green Bay police do not ask people they arrest about citizenship, saying that remains a federal issue and that the department’s priority remains keeping the city’s residents and visitors safe.

“I understand there’s a lot of fear, there’s a lot anxiety, there’s lot of apprehension,” he told the group. He reminded them that police are here to protect “anybody who’s been a victim of a crime … who’s being extorted (because they might be worried about their citizenship status) … or being used by their landlord or their bosses.”

At least two of the people arrested this weekend were in the U.S. as part of Deferred Action for Childhood Arrivals, or DACA, said the Rev. Ken DeGroot, co-founder of Casa ALBA.

DACA allows some people who arrived in the U.S. illegally as children to receive deferred action from deportation and become eligible for a U.S. work permit in the U.S.

‘Tearing apart families’

At Monday night’s meeting, Sedano told the audience about the arrest of her former husband, Antonio Juarez. She said ICE officers arrested Juarez, father of her two children, allowed other family members to remain inside the house.

“I do have to say that ICE behaved well with us,” she said in Spanish. “… they returned all of his belongings, and gave us phone numbers so that we could be in contact with them.”

DeGroot, though, said the arrests are bad for the community.

“They’re tearing apart families, they’re arresting good people. They’re causing tremendous suffering and trauma,” he said. “They are also depriving families of being supported.”

He said his group is advising people not to open their doors for people they don’t know. If someone says he or she is part of law enforcement, DeGroot said, the person should insist on seeing a warrant from a judge.

President Donald Trump has declared cracking down on illegal immigration to be one of his priorities. The crackdown, which includes discussion of a wall along the U.S.-Mexico border, has proven controversial, particularly among advocates for immigrants from Mexico and other Spanish-speaking countries.

‘Same fears, same dreams’

Witnesses in Green Bay said one man was convinced to come outside his house to answer questions about ownership of a car parked outside, and one of the men arrested is a father of eight.

Smith said the people who were arrested were taken to Dodge County. Dodge’s sheriff, Dale Schmidt, said the jail has a contract with the federal government to house prisoners and houses federal inmates daily.

Schmidt wouldn’t say if any prisoners were from this weekend’s ICE arrests.

Voces de la Frontera said 11 people had been arrested in the Madison area, three in Milwaukee and 15 in Trempealeau County, north of La Crosse. The group said arrests were made at workplaces, during traffic stops and in homes.

“Many of us are great people, hard-working, with the same fears and same dreams as anyone else,” said Plascencia, the Casa ALBA official.

In Madison, Mayor Paul Soglin planned to meet with law enforcement officials and community organizers to get a better idea of the number of people detained by ICE officials, the Associated Press reported.

Madison officials say ICE detained immigrants without prior communication with the police department. Police Chief Mike Koval says the department has an agreement with ICE to know when and where arrests are made.

Shelby LeDuc contributed to this story.

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Tearing families apart and spreading terror in American communities. Small wonder that the “Sanctuary Cities” movement is growing and that “Abolish ICE” is gaining steam.

Remember, I predicted early on that under the inhumane, senseless, and ultimately ineffective leadership of Trump, Sessions, Homan, and Nielsen, ICE would become the most despised law enforcement agency in America.  They are ahead of schedule.

PWS

09-25-18

THE GIBSON REPORT — 08-13-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Featuring Atlantic’s Franklin Foer & The Case For Ending The Current “ICEAge”

Gibson Report 08-13-18 Gibson Report 08-13-18

How Trump Radicalized ICE

The Atlantic: The early trump era has witnessed wave after wave of seismic policy making related to immigration—the Muslim ban initially undertaken in his very first week in office, the rescission of DACA, the separation of families at the border. Amid the frantic attention these shifts have generated, it’s easy to lose track of the smaller changes that have been taking place. But with them, the administration has devised a scheme intended to unnerve undocumented immigrants by creating an overall tone of inhospitality and menace.

 

Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes

TRAC: The push to prioritize prosecuting illegal border crossers has begun to impact the capacity of federal prosecutors to enforce other federal laws. In March 2018, immigration prosecutions dominated so that in the five federal districts along the southwest border only one in seven prosecutions (14%) were for any non-immigration crimes.

 

Immigration Judges Union Slams Trump Administration For Undermining Courts

HuffPo: The National Association of Immigration Judges alleges that Trump administration officials transferred the case of an undocumented immigrant away from a Philadelphia-based immigration judge because the judge didn’t give them the outcome they wanted: a swift order of deportation when the immigrant didn’t show up in court for a hastily scheduled hearing.

 

There Won’t Even Be A Paper Trail”: Has Stephen Miller Become A Shadow Master At The State Department?

Vanity Fair: For the past year, Miller has been quietly gutting the U.S. refugee program, slashing the number of people allowed into the country to the lowest level in decades. “His name hasn’t been on anything,” says a former U.S. official who worked on refugee issues. “He is working behind the scenes, he has planted all of his people in all of these positions, he is on the phone with them all of the time, and he is creating a side operation that will circumvent the normal, transparent policy process.” And he is succeeding.

 

Team Trumps Plot to Block Legal Immigrants from Citizenship

Daily Show: Despite the Trump administration’s campaign promise to focus on illegal immigration, White House senior adviser Stephen Miller is crafting a plan to limit legal immigrants’ access to citizenship and green cards, especially for those who have used public assistance.

 

The Port of Entry

NPR: The wait time for migrants seeking asylum at legal ports of entry along the U.S.-Mexico border has recently increased from hours to weeks, causing some families to camp out for days. We go to the border to meet some of the people waiting there and explain the asylum process in the United States.

 

Colorado couple fighting to stop adopted 4-year-old daughter from being deported

The Hill: The Becerras legally adopted Angela through Peruvian court, and sought to bring her back to the U.S. after the adoption was finalized in 2017…The tourist visa that Angela was eventually granted is set to expire at the end of this month, but her immigration case was denied without explanation, according to the couple.

 

ICE Crashed a Van Full of Separated Mothers, Then Denied It Ever Happened

TX Observer: On July 18, a cargo van transporting eight Central American mothers separated from their children under Trump’s “zero tolerance” policy crashed into a pickup truck in San Marcos. An ICE contractor was taking the women from a detention center near Austin to the South Texas Detention Complex in Pearsall to be reunited with their kids. Even though police said the van was too damaged to continue driving and the women reported injuries, ICE repeatedly denied the crash ever took place.

 

Under Trump arrests of undocumented immigrants with no criminal record have tripled

NBC: The surge has been caused by a new ICE tactic of arresting — without warrants — people who are driving or walking down the street and using large-scale “sweeps” of likely immigrants, according to a class-action lawsuit filed in June by immigration rights advocates in Chicago.

 

The Thousands of Bodies Along the US-Mexico Border

NPR: In the last 18 years, more than 2,800 migrant bodies have been found along the Arizona border with Mexico. About 1,000 of the bodies are unidentified. We speak with a woman trying to identify them.

 

U.S. Mayors Send Letter to USCIS Regarding Backlog of Citizenship Applications

On 7/30/18, a group of U.S. mayors sent a letter to USCIS regarding the consistent backlog of citizenship applications before USCIS. The mayors urge USCIS to take aggressive steps to reduce the waiting time for processing citizenship applications down to six months. AILA Doc. No. 18080901. See also CHRCL Partners With NPNA And Others To FOIA U.S. Citizenship And Immigration Service For Reasons Behind

Skyrocketing Naturalization Backlog.

 

Coney Island Man Indicted for Posing as Immigrant Assistance Service Provider and Filing Dozens of Allegedly Fraudulent Asylum Applications

Brooklyn DA: The District Attorney identified the defendant as Vadim Alekseev, 42, of Coney Island, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 21-count indictment in which he is charged with first-degree scheme to defraud, first-degree immigrant assistance services fraud, fourth-degree grand larceny, tampering with physical evidence and practicing or appearing as attorney-at-law without being admitted and registered. He was ordered held on $15,000 bail and to return to court on October 3, 2018. The defendant faces up to four years in prison if convicted on the top count.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B-Asylum Policies

A federal judge ordered a woman and her daughter to be returned to the U.S. and threatened to hold AG Jeff Sessions in contempt after learning that they were in the process of being removed while a court hearing appealing their deportations was underway. (Grace, et al., v. Sessions, 8/9/18) AILA Doc. No. 18081004

 

Court rules Mexican mother can sue over cross-border Border Patrol shooting

Politico: A woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can sue for damages, a federal court ruled Tuesday. The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.

 

DOJ Issues Statement on Court Order Ordering the Restoration of DACA Program

Attorney General Jeff Sessions issued a statement in response to the court order in the D.C. District Court, ordering the restoration of the DACA program, stating, “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.” AILA Doc. No. 18080635

 

Federal Judge Certifies Class Action Against The Geo Group, Inc.

A District Court judge certified a class of current and former civil immigration detainees who performed work for The Geo Group, Inc. at its Northwest Detention Center in Tacoma, WA and were paid a $1 daily rate. (Nwauzor et al. v. The GEO Group Inc., 8/6/18) AILA Doc. No. 18080770

 

District Court Orders USCIS to Timely Adjudicate Initial EAD Asylum Applications

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18) AILA Doc. No. 15052630

 

Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims

In a lawsuit filed on behalf of minor migrant children who were forcible separated from their parents and have been, or will be, reunified with them pursuant to Ms. L. v. ICE, the judge transferred three claims to be considered by the judge in the Ms. L. v. ICElawsuit. AILA Doc. No. 18080730

 

Judge Orders Full Restoration of DACA, with 20-Day Delay

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until 8/23/18 to allow the government to respond and appeal. (NAACP v. Trump, 8/3/18) AILA Doc. No. 17091933

 

BIA Dismisses Appeal, Finding Involvement in Animal Fighting Venture is CIMT

BIA reaffirmed its prior decision denying the respondent’s application for cancellation of removal and dismissed his appeal, finding that exhibiting or sponsoring an animal in an animal fighting venture is a crime involving moral turpitude. Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) AILA Doc. No. 18080637

 

BIA Reverses EWI Finding in Light of Respondents Credible Testimony

Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17) AILA Doc. No. 18080731

 

BIA Dismisses Appeal, Finding Respondent Ineligible for Cancellation of Removal

BIA found that the IJ properly determined that the respondent is ineligible for cancellation of removal following his violation of a protection order, because he has been convicted of an offense under INA §237(a)(2)(E)(ii). Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) AILA Doc. No. 18080736

 

BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense

Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17) AILA Doc. No. 18080937

 

BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing

Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17) AILA Doc. No. 18081044

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

ICE Information on the Document and Benefit Fraud Task Forces

ICE provides background information into the document and benefit fraud task forces, including the 28 locations around the United States. HSI has partnered with federal, state, and local counterparts to create these task forces. AILA Doc. No. 18080802

 

DOS Responds Regarding Impact of Travel Ban 3.0 on Visa Processing

A 6/22/18 letter from DOS to Senator Van Hollen on the impact of Presidential Proclamation 9645 (Travel Ban 3.0) on the processing of U.S. visas. Letter includes information about the number of applicants from impacted countries who have applied for visas and those who have been cleared for waivers. AILA Doc. No. 18080900

 

GAO Finds CBP Is Proceeding Without Key Information Regarding Border Barriers

The GAO reviewed DHS’s efforts to deploy barriers along the southwest border, and issued a report finding that CBP is evaluating designs and locations for border barriers but is proceeding without key information, such as an analysis of the costs based on location or segment, which can vary widely. AILA Doc. No. 18080903

 

RESOURCES

 

 

EVENTS

 

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

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Check out Elizabeth’s first item, Franklin Foer’s outstanding article in The Atlantic on how Trump, Sessions, & Miller have turned ICE into a modern “Mini-Gestapo” deporting individuals who actually are contributing mightily to the United States and its economy while sowing terror in the ethnic communities. Sure sounds familiar to those of us who recently toured the Holocaust Museum.

That’s why 19 of the real “pros’ at ICE, the agents of Homeland Security Investigations (“HSI”), petitioned recently to escape from the toxic unproductive atmosphere of ICE and distance themselves from the tarnished “ICE brand” which actually greatly diminishes real law enforcement efforts.

Foer makes a compelling case for abolishing ICE and reconstituting its real law enforcement functions into a new agency with more professional and unbiased leadership. Not going to happen now. But, eventually there will be “regime change” in America (or America as we know it will cease to exist). When that happens, a meltdown of the current ICE and recasting it should be a top priority for Congress and the Executive.

Until then, the “New Due Process Army” (of which Elizabeth Gibson is a charter member) will be fighting ICE’s overkill (and, I might add, gross waste of taxpayer funds on counterproductive “enforcement”) every step of the way!

PWS

08-14-18

 

THE HILL: NOLAN SAYS THERE IS A BETTER WAY TO ADDRESS PROBLEMS AT ICE

http://thehill.com/opinion/immigration/395646-theres-a-better-response-to-abuse-than-abolishing-ice

Family Pictures

Nolan writes:

. . . .

ERO shouldn’t terrorize anyone, but it has to be able to arrest deportable aliens where they can be found.

The main reason for wanting to abolish ICE is likely to prevent undocumented aliens who are here for a better life from being deported.

But if ICE were to be abolished, its responsibilities would be assigned to another agency and Trump would require the new agency to implement the same policies.

Trump’s enforcement policies

President Barack Obama focused his immigration enforcement programprimarily on aliens who had been convicted of crimes in the United States, had been caught near the border after an illegal entry, or had returned unlawfully after being deported.

Once an undocumented alien had succeeded in crossing the border without being apprehended, he did not have to worry about being deported unless he was convicted of a serious crime. He was home free.

This created a “home free magnet” which encouraged more undocumented aliens to come and do whatever they had to do to cross the border.

Trump acknowledged this problem in his Executive Order, Enhancing Public Safety in the Interior of the United States:

“We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement.”

He directed DHS “to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens.”

Nevertheless, he prioritized removing aliens who are inadmissibleon criminal and related grounds, on security and related grounds, and for misrepresentations, or who are deportable for criminal offenses or on security and related grounds, and removable aliens who:

  • Have been convicted of any criminal offense;
  • Have been charged with any criminal offense, where such charge has not been resolved;
  • Have committed acts that constitute a criminal offense;
  • Have engaged in fraud or willful misrepresentation in connection with any official matter or government application;
  • Have abused any program related to receipt of public benefits;
  • Are subject to a final order of removal but have not left the United States; or
  • In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

ERO officers are free to arrest aliens who are not in a prioritized category, but this wouldn’t be happening often if sanctuary policies had not required ERO officers to change their enforcement operations.

Sanctuary policies prevent local police departments from turning inmates over to ERO when they are released from custody, so ERO is spending more of its time looking for deportable aliens in communities. This resulted in arresting 40,000 noncriminal aliens in FY 2017.

But ERO should not be engaging in improper behavior to make these or any other arrests.

DHS has provided avenues for public feedback and complaints, and ICE has Community Relations Officers at every field office.

If you see an ICE officer doing something improper, report him. This is far more likely to improve the situation than calling for the abolishment of ICE.

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

  • I agree with Nolan that ICE isn’t going anywhere under Trump.
  • I also agree that the essential functions of ICE will still need to be performed, regardless of the ultimate fate of the organization.
  • I think it’s great that the “Abolish ICE Movement” has focused more attention on the cruel, unnecessary, and highly counterproductive enforcement and prosecutorial policies of ICE under Trump.
  • Indeed, the counterproductive nature of the Trump/Sessions immigration enforcement is a major reason why a group of Senior ICE Agents who actually perform real law enforcement functions — anti-smuggling, anti-human trafficking, immigration fraud, anti-terrorism —  want to ditch the ICE label, because they know it’s inhibiting cooperation with other agencies and communities and thereby diminishing real law enforcement.
  • Most true law enforcement professionals that I have known don’t want to be associated with a group that glorifies cruelty and de-humanizes ordinary people. Having ICE on your resume today wouldn’t be a plus for most folks interested in a legitimate law enforcement career.
  • While the “essential functions” of ICE will continue, lots of today’s ICE enforcement has little to do with “essential enforcement.” The latter would be targeted at criminals, fraudsters, spouse abusers, traffickers, and recent arrivals who don’t have applications pending.
  • The lack of any semblance of common sense and responsibility in ICE’s abusive refusal to exercise prosecutorial discretion and actually putting properly closed cases back on the docket is a major contributor to the absolute mess in today’s Immigration Courts.
  • It’s also a reason why the Immigration Court mess is unlikely to be solved until Congress, the courts, and/or some future Executive force some fundamental changes in ICE enforcement and prosecutorial policies to reflect the same type of prudent, respectful, and realistic use of judicial time and prosecutorial discretion that is employed, to some extent, by every other major law enforcement agency in the U.S.
  • It never hurts to complain. I’m a big fan of making a “running record” of misconduct.
  • But, in the Trump Administration a record is about all you’ll get. Nothing is going to be done to correct misconduct because misconduct comes from the top.
  • My experience with ICE Chief Counsel’s Office in Arlington was highly positive. The attorneys were overwhelmingly fair, smart, responsive, respectful, and part of the “team” with the private, bar, the courts, and the interpreters that made the justice system work in Arlington in the past.
  • Indeed, working with the Arlington Chief Counsel’s Office made me proud to have led the major reorganization that established the forerunner to the “Modern Chief Counsel System” at the “Legacy INS” during the Carter and Reagan Administrations. The Arlington Chief Counsel’s Office was exactly what former General Counsels Dave Crosland, Mike Inman, Regional Counsel Bill Odencrantz, and I had envisioned when we planned and carried out the reorganization (over considerable internal opposition, I might add).
  • My overall experiences with the officers of ICE and it’s forerunner INS Investigations were positive. I found and worked with plenty of capable, dedicated, professional, and humane officers during my decades of dealing with immigration enforcement in some form or another.
  • All of that suggests that the major problems in ICE have arisen almost entirely under the Trump Administration. That’s because of truly horrible leadership from the top down.
  • ICE won’t improve until we get “regime change.” When that happens, ICE will have to be reorganized, reinvented, and “rebranded.” Professional management — one that pays particular attention to its relationship to local communities — must be reestablished. Sane enforcement and prosecutorial discretion policies will  have to be reinstated.
  • My experiences with ICE suggest that the right people to lead an “ICE-type” agency in the future are likely already somewhere in ICE. They just aren’t in the right leadership and management positions. Maybe they will all quit before the end of the Trump Administration If not, they could serve as a “professional core” for rebuilding and reforming ICE.
  • I’m skeptical that so-called “Catch and Release” has a significant effect on what’s happening on the Southern Border.
  • In the first place, the current situation is “a self-created crisis” initiated by Trump & Sessions. Otherwise it’s pretty much normal migration.
  • Seeking asylum at the border isn’t “illegal migration” at all. It’s asserting an internationally recognized right. Detention and family separation are not appropriate responses to individuals seeking in good faith to exercise their rights.
  • In any event, the primary drivers of migration outside the visa system are: 1) unmet needs of the U.S. labor market, and 2) political, social, and economic conditions in foreign countries. So-called “Catch and Release” has no established effect on either of these “drivers.” See, e.g., https://www.migrationpolicy.org/news/crisis-border-not-numbers.

PWS

07-08-18

PROFESSOR CASS SUNSTEIN WITH THE UGLY TRUTH: IF YOU WANT TO UNDERSTAND TRUMPISM, YOU MUST UNDERSTAND ITS ANTECEDENT, NAZISM – Many Ordinary Germans Were Enthusiastic About Life Under Hitler Prior To The War – Fat, Happy, Satisfied, & Willfully Indifferent To The Torture & Suffering Of Their Fellow Human Beings – They Chose To Bury All Morality & Believe Reich Propaganda and Lies That Any Reasonable Person Would Have Known Were Untrue!

http://www.nybooks.com/articles/2018/06/28/hitlers-rise-it-can-happen-here/?mbid=nl_hps_5b368db0384c1d5c5734bfbc&CNDID=48297443

Professor Cass Sunstein in the NY Review of Books:

It Can Happen Here

‘National Socialist,’ circa 1935; photograph by August Sander from his People of the Twentieth Century. A new collection of his portraits, August Sander: Persecuted/Persecutors, will be published by Steidl this fall.

Liberal democracy has enjoyed much better days. Vladimir Putin has entrenched authoritarian rule and is firmly in charge of a resurgent Russia. In global influence, China may have surpassed the United States, and Chinese president Xi Jinping is now empowered to remain in office indefinitely. In light of recent turns toward authoritarianism in Turkey, Poland, Hungary, and the Philippines, there is widespread talk of a “democratic recession.” In the United States, President Donald Trump may not be sufficiently committed to constitutional principles of democratic government.

In such a time, we might be tempted to try to learn something from earlier turns toward authoritarianism, particularly the triumphant rise of the Nazis in Germany in the 1930s. The problem is that Nazism was so horrifying and so barbaric that for many people in nations where authoritarianism is now achieving a foothold, it is hard to see parallels between Hitler’s regime and their own governments. Many accounts of the Nazi period depict a barely imaginable series of events, a nation gone mad. That makes it easy to take comfort in the thought that it can’t happen again.

But some depictions of Hitler’s rise are more intimate and personal. They focus less on well-known leaders, significant events, state propaganda, murders, and war, and more on the details of individual lives. They help explain how people can not only participate in dreadful things but also stand by quietly and live fairly ordinary days in the midst of them. They offer lessons for people who now live with genuine horrors, and also for those to whom horrors may never come but who live in nations where democratic practices and norms are under severe pressure.

Milton Mayer’s 1955 classic They Thought They Were Free, recently republished with an afterword by the Cambridge historian Richard J. Evans, was one of the first accounts of ordinary life under Nazism. Dotted with humor and written with an improbably light touch, it provides a jarring contrast with Sebastian Haffner’s devastating, unfinished 1939 memoir, Defying Hitler, which gives a moment-by-moment, you-are-there feeling to Hitler’s rise. (The manuscript was discovered by Haffner’s son after the author’s death and published in 2000 in Germany, where it became an immediate sensation.)* A much broader perspective comes from Konrad Jarausch’s Broken Lives, an effort to reconstruct the experience of Germans across the entire twentieth century. What distinguishes the three books is their sense of intimacy. They do not focus on historic figures making transformative decisions. They explore how ordinary people attempted to navigate their lives under terrible conditions.

Haffner’s real name was Raimund Pretzel. (He used a pseudonym so as not to endanger his family while in exile in England.) He was a journalist, not a historian or political theorist, but he interrupts his riveting narrative to tackle a broad question: “What is history, and where does it take place?” He objects that most works of history give “the impression that no more than a few dozen people are involved, who happen to be ‘at the helm of the ship of state’ and whose deeds and decisions form what is called history.” In his view, that’s wrong. What matters are “we anonymous others” who are not just “pawns in the chess game,” because the “most powerful dictators, ministers, and generals are powerless against the simultaneous mass decisions taken individually and almost unconsciously by the population at large.” Haffner insists on the importance of investigating “some very peculiar, very revealing, mental processes and experiences,” involving “the private lives, emotions and thoughts of individual Germans.”

Mayer had the same aim. An American journalist of German descent, he tried to meet with Hitler in 1935. He failed, but he did travel widely in Nazi Germany. Stunned to discover a mass movement rather than a tyranny of a diabolical few, he concluded that his real interest was not in Hitler but in people like himself, to whom “something had happened that had not (or at least not yet) happened to me and my fellow-countrymen.” In 1951, he returned to Germany to find out what had made Nazism possible.

In They Thought They Were Free, Mayer decided to focus on ten people, different in many respects but with one characteristic in common: they had all been members of the Nazi Party. Eventually they agreed to talk, accepting his explanation that he hoped to enable the people of his nation to have a better understanding of Germany. Mayer was truthful about that and about nearly everything else. But he did not tell them that he was a Jew.

In the late 1930s—the period that most interested Mayer—his subjects were working as a janitor, a soldier, a cabinetmaker, an office manager, a baker, a bill collector, an inspector, a high school teacher, and a police officer. One had been a high school student. All were male. None of them occupied positions of leadership or influence. All of them referred to themselves as “wir kleine Leute, we little people.” They lived in Marburg, a university town on the river Lahn, not far from Frankfurt.

Mayer talked with them over the course of a year, under informal conditions—coffee, meals, and long, relaxed evenings. He became friends with each (and throughout he refers to them as such). As he put it, with evident surprise, “I liked them. I couldn’t help it.” They could be ironic, funny, and self-deprecating. Most of them enjoyed a joke that originated in Nazi Germany: “What is an Aryan? An Aryan is a man who is tall like Hitler, blond like Goebbels, and lithe like Göring.” They also could be wise. Speaking of the views of ordinary people under Hitler, one of them asked:

Opposition? How would anybody know? How would anybody know what somebody else opposes or doesn’t oppose? That a man says he opposes or doesn’t oppose depends upon the circumstances, where, and when, and to whom, and just how he says it. And then you must still guess why he says what he says.

When Mayer returned home, he was afraid for his own country. He felt “that it was not German Man that I had met, but Man,” and that under the right conditions, he could well have turned out as his German friends did. He learned that Nazism took over Germany not “by subversion from within, but with a whoop and a holler.” Many Germans “wanted it; they got it; and they liked it.”

Mayer’s most stunning conclusion is that with one partial exception (the teacher), none of his subjects “saw Nazism as we—you and I—saw it in any respect.” Where most of us understand Nazism as a form of tyranny, Mayer’s subjects “did not know before 1933 that Nazism was evil. They did not know between 1933 and 1945 that it was evil. And they do not know it now.” Seven years after the war, they looked back on the period from 1933 to 1939 as the best time of their lives.

Mayer suggests that even when tyrannical governments do horrific things, outsiders tend to exaggerate their effects on the actual experiences of most citizens, who focus on their own lives and “the sights which meet them in their daily rounds.” Nazism made things better for the people Mayer interviewed, not (as many think) because it restored some lost national pride but because it improved daily life. Germans had jobs and better housing. They were able to vacation in Norway or Spain through the “Strength Through Joy” program. Fewer people were hungry or cold, and the sick were more likely to receive treatment. The blessings of the New Order, as it was called, seemed to be enjoyed by “everybody.”

. . . .

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

Read the complete article at the link.

As a historical footnote, I crossed paths with Cass Sunstein at the DOJ during the Carter Administration in 1980-81, when he was an attorney in the Office of Legal Counsel and I was the Acting General Counsel/Deputy General Counsel of the “Legacy INS.” About all I remember is that: 1) he was brilliant, 2) he wrote really well; 3) everyone had him pegged as among “the most likely to succeed;” and 4) we both had lots, lots more hair then.

I agree with pretty much everything Sunstein says. Except for one major point. I don’t think “it can happen here.” It is happening here!

Cass says “Thus far, President Trump has been more bark than bite.” Really! With all due respect, that seems like a view directly from the “Ivory Tower.” 

Ask U.S. citizens children whose parents have been deported for no rational reason without any consideration of what will happen to those left behind; ask those children intentionally abused and probably damaged for life by the likes of Jeff Sessions; ask communities that have been terrorized by the Homan-led “ICE Gestapo” that strikes terror, performs few if any “real” law enforcement functions these days, while insuring that whole segments of the population are “easy marks” for crime and abuse; ask women and children refugees from Central American who are essentially being railroaded back to the “death camps” from which they fled by the noxious White Nationalist racists Trump, Miller, & Sessions, with the assistance of morally vapid sycophants like Nielsen and Kelly, without even the semblance of due process; ask Dreamers who are slurred by the  always disingenuous Sessions while being held as hostages by Trump, and hung out to dry by the GOP Congress; ask the kids and families being held in the “New American Gulag” established by Sessions — combined with his intentional distortion of asylum law, they are basically being held in concentration camps waiting to be shipped off to death camps in the Northern Triangle! And we haven’t even gotten to Sessions’s absolutely outrageous, lawless, unconstitutional, and totally immoral plan to rewrite asylum law so that nobody who needs protection actually gets it! Or how about not taking any Syrian refugees, even though they are dying in refugee camps awaiting resettlement every day. Just because the actual deaths, rapes, torture, US-caused human trafficking, and other unspeakable abuses take place outside our national boundaries doesn’t mean that we aren’t just as responsible for them as the fat & happy Burghers of the Third Reich!

I wrote about Sunstein’s timely, yet totally disturbing, article in  my response to a comment from my good friend, colleague, and fellow member of the “Gang of Retired Immigration Judges,”  Judge Gus Villageliu in response to one of his “right on”  comments today.  Here’s what I said:

There is a great article by Professor Cass Sunstein about the parallels between Nazism and Trumpism. The key: Germans who supported Hitler were fat, happy, and satisfied with their lives under Nazism and were willfully indifferent to the torture and suffering of their fellow human beings. They happily accepted the Nazi propaganda that Jews were either traitors or had voluntarily left the country after being fairly compensated for their property. Even after the war, some ordinary Germans looked back on the 1933-39 era of Nazi rule as the best time of their lives.

Another key observation by Sunstein: resistance is never futile and every individual act of resistance, no matter how small or insignificant it might seem at the time, is important. The little acts and persistence add up over time.

In my view, they also establish an important record for historians and future generations. I want my grandchildren, great-grandchildren, and great-great-grandchildren to know where I stood in the era of Trump, Sessions, Miller & the rest of the White Nationalist neo-Nazis and their utterly disgusting perversion of Western Judeo-Christian values!

Due Process, tolerance, courage, standing up for the less fortunate, and recognizing the human rights and dignity of every person are eternal values that are always worth fighting for!

Join the New Due Process Army. Resist the White Nationalist Regime every step of the way. Force “go along to get along” courts (like the Supremes) to face up to the horrible immorality of their appeasement of the cruel, inhuman, and illegal actions of the Trump Administration. Write the historical record that even the Trumpsters and their followers won’t be able to escape so that we might never, ever again have a Neo-Nazi revival like the Trump Administration!

PWS

07-01-18

 

INSIDE AMERICA’S HORRIBLE WHITE NATIONALIST REGIME WITH TAL @ CNN: 1) Trump Never Planned To Reunite Children With Families; 2) Tom Homan Retires – Trump Sycophant Made ICE America’s Most Despised Agency; 3) Sessions Planning To Follow Child Abuse With Barrage Of Racist Lies, Massive Violations Of Constitution, Abuses Of Human Rights, & Vicious Attacks On Rights Of Vulnerable Brown-Skinned Refugees!

1) Government never had specific plan to reunify families, court testimony shows

By: Tal Kopan, CNN

In recent weeks, the government has stumbled trying to explain its plan for reunifying families in the wake of its much-criticized family separations policy at the border.

But newly reviewed court filings show that the byzantine system that has resulted in thousands of children separated for weeks and months from parents elsewhere in government custody was not an accident. It was always the design.

In fact, one of the women in an ongoing lawsuit over family separations can now was apparently one of the first separations that took place during a quiet pilot of the policy last year. The pilot program has been previously reported, but took on new attention on the heels of an NBC report about it Friday.

A government attorney admitted in court just days before the border-wide initiative was unveiled in early May that there was never a plan for parents like her to be proactively reunited with their kids.

And an analysis of the purported success of the pilot shows that the Department of Homeland Security’s justification that the program worked as a deterrent was likely based on dubious data.

A DHS official confirmed Friday that the agency first tested the policy of prosecuting parents caught illegally crossing the border in the El Paso sector in Texas from July to October of last year. The pilot had been previously reported, but was not widely known. NBC reported the effort anew Friday.

Ms. C, as she is known in court filings, was apprehended crossing the border illegally in late August 2017 and prosecuted in El Paso, according to court documents. She asked for asylum and in the midst of the legal process, the government took her 14-year-old son from her, sending him to a Health and Human Services facility in Chicago. They were separated for months.

More: http://www.cnn.com/2018/06/29/politics/family-separations-reunification-never-plan-court/index.html

 

2) Controversial ICE chief retiring, replacement expected to be named soon

By: Tal Kopan, CNN

Immigration and Customs Enforcement chief Tom Homan is serving his last day Friday, as the controversial face of the Trump administration’s crackdown on illegal immigration retires.

Homan’s final day was confirmed by spokeswoman Liz Johnson.

The polarizing face of the administration’s immigration enforcement, and a favorite of President Donald Trump himself, Homan had announced in April he would be taking his long-delayed retirement this month.

Homan has told the story of receiving the request to stay on as chief of ICE under Trump while celebrating at his going away party — a retirement that was deferred for a year and a half.

According to a source familiar, acting CBP Deputy Commissioner Ronald Vitiello is expected to be named acting director of ICE in Homan’s stead as soon as Friday.

Vitiello has been a familiar face for the media as well, often speaking with reporters about the President’s border wall project.

The White House has not responded to a request for comment.

More: http://www.cnn.com/2018/06/29/politics/tom-homan-retirement-replacement/index.html

 

3) Trump administration may further restrict asylum rights

By: Laura Jarrett and Tal Kopan, CNN

The Justice Department is considering a regulation that would prevent people from claiming asylum if they’re convicted of illegally entering the US, according to two sources familiar with the plans.

Such a rule would be a dramatic change in the landscape of US immigration law and could conflict with domestic law and long-standing international obligations.

The draft regulation was described to CNN as being in its very early stages and has not yet been submitted to the White House for review. Should it be implemented, it would likely result in immediate legal challenges from asylum-seekers and advocates.

A Justice Department spokesperson declined to comment.

The proposal was first reported by Vox.

Current law allows migrants to raise an asylum claim at any lawful port of entry to the US, as well as between valid ports of entry where crossing to the US is illegal.

The Immigration and Nationality Act states that anyone who arrives in the US “whether or not at a designated port of arrival” may apply for asylum if he or she has a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Yet another part of the law gives Attorney General Jeff Sessions the leeway to regulate which offenses “will be considered to be a crime,” in which case asylum is not available.

How exactly the rule will be tailored and whether it will include any exceptions remains unclear.

More: http://www.cnn.com/2018/06/29/politics/trump-administration-asylum-draft-limit/index.html

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

Ah, America as a rogue state!

Join the New Due Process Army — Fight White Nationalism, Lies, Cowardice, and Bullying by Trump and his evil gang of immoral, scofflaw, racist “swamp monsters.”

PWS

06-30-18

GOOD NEWS FROM THE U.S. IMMIGRATION COURT IN ARLINGTON, VA BY TAL @ CNN: U.S. IMMIGRATION JUDGE JOHN MILO BRYANT SHOWS CONGRESS, PUBLIC, PRESS HOW IMMIGRATION COURT COULD & SHOULD WORK IF JEFF SESSIONS & THE DOJ WERE REMOVED FROM THE PICTURE & THE JUDGES WERE INDEPENDENT RATHER THAN BEING UNETHICALLY TOLD BY SESSIONS THAT THEY ARE “PARTNERS WITH DHS!”

The Wonderful Tal Kopan of CNN

Judge Roger Harris, Me, Judge Thomas Snow, & Judge John Milo Bryant (“The Non-Conformist”) head out to lunch on my last day at the Arlington Immigration Court, June 30, 2016

http://www.cnn.com/2018/06/28/politics/immigration-court-hearings/index.html

‘Just be a kid, OK?’: Inside children’s immigration hearings

By: Tal Kopan, CNN

As each immigrant child took their seat in his courtroom for their hearing, Judge John M. Bryant started the same way.

“How are you doing today?” he’d ask.

“Muy bien,” most would answer.

In a span of about 45 minutes, Bryant — an immigration judge in Arlington, Virginia — checked in on the cases of 16 immigrants under the age of 20, all with attorneys and some with parents.

The day was known as a “master calendar hearing” — a swift introduction in court and the beginning of court proceedings for immigrants facing deportation.

The children had largely been in the country for some time, each fighting in court for the right to stay.

But though the immigration courts have long dealt with immigrant children, even those barely school age or younger, their turn through the unique, stand-alone immigration courts is getting new attention as the government’s “zero tolerance” border policy has sent thousands more children into the system without their parents.

The hearings were observed by six Democratic members of Congress: Whip Steny Hoyer of Maryland; Rep. Don Beyer, whose Virginia district includes the court; Congressional Hispanic Caucus Chairwoman Rep. Michelle Lujan Grisham of New Mexico; and Reps. Pete Aguilar, Nanette Diaz Barragán and Norma Torres, all of California.

At a news conference afterward, Beyer called the session “One of the best-case scenarios of a master calendar hearing, a sympathetic judge with kids with lawyers.”

The lawmakers said they had wanted to come to the court to witness it for themselves, because they fear that around the country there are too many courtrooms that are the opposite.

“We know that in vast numbers of cases, there is not proper representation,” Hoyer said, adding that some kids are “not old enough to spell their own names, let alone represent themselves in court.”

In each case, the attorneys described waiting for applications filed with the government, and all were quickly given court dates into 2019 to come back for another check-in. One, a boy named José who had just finished ninth grade, was there for his second check-in and for his full asylum hearing received a court date of May 11, 2021 — likely to be just as he is finishing high school in the US.

The youngest was a 6-year-old boy, Rodolfo, who was there with his attorney and father, though Rodolfo’s case was being heard by itself. As he did with most of the children, Bryant asked Rodolfo if he was in school, translated by an interpreter via headphones provided to every immigrant facing the court.

“Hoy?” Rodolfo asked, confused — “Today?”

Bryant cheerfully prompted Rodolfo about what grade he had finished — kindergarten — and his teacher’s name — Ms. Dani. Bryant said he still remembered his own kindergarten teacher, Ms. Sweeney, from many years prior. “Hasta luego,” Bryant told Rodolfo, giving him a next court date of May 30, 2019.

While all the children in Bryant’s courtroom on this afternoon had attorneys, the Arlington Immigration Court is not typical of the country, where closer to 1-in-3 children are represented in court. Bryant was also generous with the continuances requested by attorneys as they waited to hear from the government on applications for other visas for the children, despite uniform opposition by the government attorney in court.

“Mr. Wagner, your turn,” Bryant joked at one point to the government attorney present, who dutifully recited the government’s opposition to granting continuances solely on the basis of waiting to hear back on a visa application. Bryant than immediately picked a day on his calendar for the immigrant and attorney to return.

One attorney for a 12-year-old girl, Rosemary, who was there with her mother, said they had applied for a Special Immigrant Juvenile visa, which is for minors who have been abused, abandoned or neglected by a parent. Bryant asked the attorney if the application was before a “sweet or sour judge.”

“I think it’s going to be a problem. It may have to be appealed,” the attorney replied.

The judge granted them a court date on February 28 of next year.

“Have a nice summer,” he said to the girl. “Just be a kid, OK?”

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

“The lawmakers said they had wanted to come to the court to witness it for themselves, because they fear that around the country there are too many courtrooms that are the opposite.” And, with very good reason!

No trace of the Jeff Sessions’s paranoia, xenophobia, bias, child abuse, and de-humanization of migrants here. It’s like one would expect a “real” U.S. Court to be run! Sadly, that’s not what’s happening in the rest of the country. Just ask folks in Charlotte, Atlanta, Stewart, Ga., or Houston how they are treated by Immigration Judges. It’s ugly, abusive, well documented, highly inappropriate, and needs to end!

Even more outrageously, rather than building on and replicating successful judicial models like Arlington, Sessions has actually adopted some of the worst imaginable “judicial” practices, encouraged bias, and has actually endorsed and empowered the actions of some of the most clearly biased and anti-immigrant, anti-asylum Immigraton Judges in the system. It’s a simply unacceptable waste of taxpayer money and abuse of our legal system by someone incapable of fulfilling his oath of office.

Imagine, with judges actually in control, lawyers for the respondents, time to prepare and file applications, empathy, courtesy, knowledge, kindness, concern for fairness, efficiency, and giving ICE’s obstructionist “rote objections” and other dilatory tactics encouraged and enabled by this Administration exactly the short shrift they so richly deserve, the U.S. Immigration Courts could potentially fulfill their original vision of “becoming the world’s best tribunals, guaranteeing fairness and due process for all.”

And, ICE could be once again required to function in the same highly-professional, courteous, collegial, respectful, and helpful manner that they did in Arlington during the last Administration. It’s disgraceful that rudeness and unfairness have become the norm under Trump. Things like that used to get even Government lawyers fired, disbarred, or disciplined. Now they appear to win kudos.

And, having dockets run by experienced judicial professionals like Judge Bryant with the help of professional staff responsible to him and his colleagues would promote fairness, quality, and efficiency over the “Amateur Night at the Bijou” atmosphere created by a biased, politicized, and totally incompetent Department of Justice and carried out by agency bureaucrats who aren’t judges themselves and are not qualified to administer a major court system.

Why not design a system “built for success” rather one that is built for failure and constant crisis? A well-functioning court system where “Due Process and Quality Are Job One” and which serves as a “level playing field” would actually help DHS Enforcement as well as the immigrants whose lives depend upon it. Fairness and Due Process are good for everyone. It’s also what our Constitution requires! Play the game fairly and professionally and let the chips fall where they may, rather than trying to “game the system” to tilt everything toward enforcement. 

But, it’s not going to happen until either 1) Congress creates an independent U.S. Immigration Court, or 2) the Article III Courts finally step up to the plate, put an end to this travesty, remove the DOJ from its totally improper and unethical supervisory role, and place the Immigration Courts under a court-appointed “Special Master” to manage them with the goal of Due Process and judicial efficiency until Congress reorganizes them outside of the Executive Branch! Otherwise, the Article IIIs will have to do the job that Sessions won’t let the Immigration Courts perform!

Compare Judge Bryant’s professional performance with the “judicial meat processing plant/Due Process Denial Factory” being operated by U.S. Magistrate Judge Peter Ormsby on the Southern Border as described by Karen Tumulty of the Washington Post in my post from yesterday:

http://immigrationcourtside.com/2018/06/28/karen-tumulty-washpost-assembly-line-justice-is-already-the-norm-in-u-s-district-courts-at-the-border-as-go-along-to-get-along-u-s-magistrate-convicts-bewilder/

Who is the “real” judge here? It doesn’t take a “rocket scientist” to answer that one! Just some judges with the backbone, courage, and integrity not to “go along to get along” with Sessions’s assault on the integrity and independence of our justice system.

PWS

06-30-18

 

REVOLT @ ICE! – REAL LAW ENFORCEMENT PROFESSIONALS AT ICE RECOGNIZE THAT GONZO RACIST ENFORCEMENT POLICIES OF TRUMP, SESSIONS, & NIELSEN HARM LEGITIMATE LAW ENFORCEMENT, WASTE TAXPAYER MONEY, & DESTROY AGENCY’S REPUTATION AND EFFECTIVENESS – PETITION NIELSEN FOR SEPARATE AGENCY!

https://www.washingtonpost.com/world/national-security/seeking-split-from-ice-agents-say-trumps-immigration-crackdown-hurts-investigations-morale/2018/06/28/7bb6995e-7ada-11e8-8df3-007495a78738_story.html

Nick Miroff reports for the Washington Post:

The political backlash against U.S. Immigration and Customs Enforcement has turned so intense that leaders of the agency’s criminal investigative division sent a letter last week to Homeland Security Secretary Kirstjen Nielsen urging an organizational split.

The letter, signed by the majority of special agents in charge of ICE’s Homeland Security Investigative Division (HSI), offered a window into growing internal tension at the agency as an “Abolish ICE” protest movement has targeted its offices and won support from left-wing Democrats.

Though ICE is primarily known for immigration enforcement, the agency has two distinct divisions: Enforcement and Removal Operations (ERO), a branch that carries out immigration arrests and deportations, and HSI, the transnational investigative branch with a broad focus on counterterrorism, narcotics enforcement, human trafficking and other crimes.

The letter signed by 19 special agents in charge urges Nielsen to split HSI from ICE, because anger at ERO immigration practices is harming the entire agency’s reputation and undermining other law enforcement agencies’ willingness to cooperate, the agents told Nielsen.

Since President Trump’s inauguration, the state of California and several of the country’s largest cities have barred their law enforcement agents from cooperating with ICE by declaring themselves “sanctuary” jurisdictions. That has made it increasingly difficult for HSI agents to fight drug cartels and conduct major criminal investigations in the country’s largest urban areas, the letter said.

“The perception of HSI’s investigative independence is unnecessarily impacted by the political nature of ERO’s civil immigration enforcement,” the agents wrote.

Trump took office promising to quickly deport “2 or 3 million” foreigners, and following his inauguration, ICE interior arrests jumped nearly 40 percent. In recent months, the agency resumed carrying out large-scale workplace raids, winning glowing praise from the president, who said Wednesday at a rally in North Dakota that ICE agents are “mean but have heart,” and that they are “liberating” U.S. communities from the MS-13 gang.

Trump officials say they fear the transnational gang, whose members the president calls “animals,” could take advantage of lax enforcement at the border.

In their letter to Nielsen, the agency’s top investigators painted a starkly different picture — telling her their crime-fighting capability is being stifled by politics.

“Many jurisdictions continue to refuse to work with HSI because of a perceived linkage to the politics of civil immigration,” the investigators wrote. “Other jurisdictions agree to partner with HSI as long as the ‘ICE’ name is excluded from any public facing information.”

In one indication of eroding morale, the special agents told Nielsen that making HSI its own independent agency “will allow employees to develop a strong agency pride.”

The letter, marked “Law Enforcement Sensitive,” was first reported by the Texas Observer, which posted a copy.

ICE’s acting director, Thomas D. Homan, has been a vocal Trump supporter and an enthusiast of the president’s immigration agenda. But he has announced his retirement and is stepping down this month. A nominee to replace him has yet to be named.

Nielsen has not publicly responded to the letter.

A senior ICE official in Washington said the HSI agents’ letter was “not well received” at the agency’s headquarters, calling it “ill conceived and poorly timed” at a moment when so many staffers feel besieged by the backlash.

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

Not surprisingly, a regime built on lies, racism, and White Nationalism isn’t going to be good at much except lies, racism, and White Nationalism. And, that’s the perfect description of the Trump Administration.

Good for these courageous ICE agents! Maybe that’s where a future Administration should look when it comes time to rebuild, rename, and rebrand ICE to shed it’s well-deserved “American Gestapo” reputation earned under Trump, Sessions, and Homan.

And, contrary to the truly idiotic statement by an “obviously chicken” DHS “senior official,” this “rebellion” is a timely and reassuring sign that folks on the inside understand just how toxic the Trump/Sessions dishonest and racist immigration enforcement policy is to real law enforcement, which requires widespread tactical use of “prosecutorial discretion,” intelligent deployment of resources, respect for the courts and judges’ time, a willingness to “just say no” to broken and counterproductive laws that unfairly target racial groups, and, most of all, strategies to gain and keep community trust.

Trump & Sessions are completely inimical to real law enforcement and national security. That’s why they, and not undocumented individuals who are hard-working members of our communities, are an existential threat to the security, welfare, and very continued existence of our republic.

No country can survive a kakistocracy over a long period of time! That’s one thing that Trump, Sessions, and their White Nationalist cronies prove every single day!

The majority of Americans did not vote for this evil “clown show” (and their tone-deaf, unprincipled supporters) to govern us. Somehow, we let an unprincipled minority without concern for the common good, honesty, morality, or human decency seize control. If we don’t take our country back soon through the ballot box, it might be too late!

Get out the vote! Remove all of the clowns and their  enablers! Like my “new buddy” George Will said last week: nobody should vote for a Republican this November! (Although to be fair, Georgie detests Democrats — he just doesn’t fear them as much).

PWS

06-29-17

MICHELLE GOLDBERG @ NYT: DON’T FRET ABOUT THE “LOOMING THREAT OF FASCISM IN AMERICA” — IT’S ALREADY ARRIVED — Just Ask Migrants, Hispanics, & Vulnerable Women — You Could Be Next On The Trump/Sessions “Hit List!”

https://www.nytimes.com/2018/06/11/opinion/trump-border-migrants-separation.html?WT.nav=opinion-c-col-left-region&action=click&clickSource=story-heading&emc=edit_ty_20180612&module=opinion-c-col-left-region&nl=opinion-today&nlid=79213886n-today&pgtype=Homepage&region=opinion-c-col-left-region&te=1

 

Michelle writes:

The sci-fi writer William Gibson once said, “The future has arrived — it’s just not evenly distributed yet.” In America in 2018, the same could be said of authoritarianism.

Since Donald Trump was elected, there’s been a boom in best-selling books about the fragility of liberal democracy, including Madeleine Albright’s “Fascism: A Warning,” and Timothy Snyder’s “On Tyranny.” Many have noted that the president’s rhetoric abounds in classic fascist tropes, including the demonization of minorities and attempts to paint the press as treasonous. Trump is obviously more comfortable with despots like Russia’s Vladimir Putin than democrats like Canada’s Justin Trudeau.

We still talk about American fascism as a looming threat, something that could happen if we’re not vigilant. But for undocumented immigrants, it’s already here.

There are countless horror stories about what’s happening to immigrants under Trump. Just last week, we learned that a teenager from Iowa who had lived in America since he was 3 was killed shortly after his forced return to Mexico. This month, an Ecuadorean immigrant with an American citizen wife and a pending green card application was detained at a Brooklyn military base where he’d gone to deliver a pizza; a judge has temporarily halted his deportation, but he remains locked up. Immigration officers are boarding trains and buses and demanding that passengers show them their papers. On Monday, Attorney General Jeff Sessions decreed that most people fleeing domestic abuse or gang violence would no longer be eligible for asylum.

But what really makes Trump’s America feel like a rogue state is the administration’s policy of taking children from migrants caught crossing the border unlawfully, even if the parents immediately present themselves to the authorities to make asylum claims. “This is as bad as I’ve ever seen in 25 years of doing this work,” Lee Gelernt, deputy director of the A.C.L.U.’s Immigrants’ Rights Project, told me. “The little kids are literally being terrorized.”

Family separations began last year — immigrant advocates aren’t sure exactly when — and have ramped up with the administration’s new “zero tolerance” policy of prosecuting everyone who crosses the border without authorization. Over two weeks in May, more than 650 children were snatched from their parents.

. .  . .

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Read the rest of Michelle’s article at the above link!

In case you haven’t noticed (and Trump supporters either haven’t, or have ignored it), everyone around Trump, including friends, family, business associates, political supporters, Cabinet members, allies, lawyers, campaign workers, former girlfriends and liaisons, is “expendable.” The only “non-expendable” person in Trump’s universe is, no surprise here, Trump.

And, like any authoritarian despot, he picks people off one by one or in vulnerable groups by isolating, bullying, demeaning, dehumanizing, and then destroying them while the others look on offering no help to the fallen and just thinking “glad it wasn’t me!”

But, when your time comes (and it well may, if we allow Trump to continue in office long enough) who will be there to stand up for you? Who will speak up for your rights? Indeed, what “rights” will you have after Trump, Sessions, Pence & Co have finished destroying our Constitution and stomping on the real rule of law to institute their White Nationalist Empire?

And what kind of country with what kind of people make terrorizing already traumatized kids a national policy?

PWS

06-12-18

 

FULL FRONTAL: SAMANTHA BEE ICES ICE! (WARNING: Video Clip Contains Explicit Language)

https://youtu.be/AiBtPy0EOno

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

Most of the ICE folks that I met during my career (including with the “Legacy INS”) were hard-working, dedicated civil servants performing a very difficult and often thankless job. In particular, the attorneys in the Office of ICE Chief Counsel in Arlington were not only talented lawyers but had strong senses of justice that often went beyond the most narrow constructions of the law.

They also had strong senses of being part of the  larger “justice system team” working cooperatively with both the Immigration Judges and the private bar to keep the dockets moving while dispensing justice with humanity that reflected legal knowledge, the willingness to exercise their discretion, and the courage to do what was necessary to make a broken system function in something approaching a fundamentally fair manner.

For those of us involved the creation of the forerunner of the “Modern Chief Counsel System” at INS in the 1980’s, it’s exactly what we had in mind. According to my sources, that important attitude and the values upon which it was based (which, admittedly, might never have existed in some ICE offices) has now largely disappeared in light of the Trump Administration’s mismanagement and “gonzo” enforcement policies.

I don’t see how I could have done my job as a judge without the thoughtful assistance and professionalism of the ICE Office of Chief Counsel in Arlington. Working with them, our private bar, and our dedicated court support team as a group was a daily pleasure and probably extended my career by a number of years.

The main problem with ICE these days appears to stem from extraordinarily poor leadership from the top down, starting, but by no means ending, with Trump himself. As a result, ICE is now well on its way to becoming the most hated and least trusted law enforcement agency in America. While it might not require abolition of ICE, it will require fundamental changes to ICE structure, culture, and policies in the future under more talented, practical, and humane leaders.

Unfortunately, and not necessarily thorough the fault of individual employees at the “working” level, today’s ICE is a national disgrace and an embarrassment — for American justice, the Constitution, and our national values.

PWS

05-25-18

 

TRUMP’S COWARDLY ATTACK ON CHILDREN – More Lies, Distortions, Smears, & Racism Mark Administration Officials’ Bogus Attempts To Link Refugee Children & Their Legal Rights With Gangs!

https://www.washingtonpost.com/politics/trump-warns-against-admitting-unaccompanied-migrant-children-theyre-not-innocent/2018/05/23/e4b24a68-5ec2-11e8-8c93-8cf33c21da8d_story.html

Seung Min Kim reports for the Washington Post:

. . . .

The issue is compounded, Rosenstein said, by the fact that these migrant children must eventually be released from detention, and many never show up for their immigration proceedings before a judge.  Rosenstein, quoting statistics from the Department of Homeland Security, said less than 4 percent of unaccompanied minors are ultimately removed from the United States.

“We’re letting people in who are creating problems. We’re letting people in who are gang members. We’re also letting people in who are vulnerable,” Rosenstein said. Because many of the migrant children lack families or a similar support system, they become “vulnerable to [gang] recruitment,” the deputy attorney general said,

Thomas Homan, the departing deputy director of Immigration and Customs Enforcement, said about 300 arrests related to the MS-13 gang were made on Long Island last year. Of those arrested, more than 40 percent entered the United States as unaccompanied minors, he said.

“So it is a problem,” Homan said. “There is a connection.”

Other federal statistics paint a somewhat different tale. From October 2011 until June of last year, U.S. Customs and Border Protection officials arrested about 5,000 individuals with confirmed or suspected gang ties, according to congressional testimony from the agency’s acting chief, Carla Provost, in June.

Of the 5,000 figure, 159 were unaccompanied minors, Provost testified, and 56 were suspected or confirmed to have ties with MS-13. In that overall time frame, CBP apprehended about 250,000 unaccompanied minors, according to Provost.

. . . .

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

Read the full article at the link.

The Trump claims are, as usual, totally bogus. The percentage of gang members who come in as “unaccompanied minors” is infinitesimally small.  The vast majority of these kids are gang victims entitled to asylum or relief under the Convention Against Torture if the law were fairly applied (which it isn’t).

Contrary to the suggestion by Rosenstein, when given access to legal representation, approximately 95% of the unaccompanied children show up for their hearings. And the “vulnerability” mentioned by Rosenstein is largely the result of the Trump Administration’s “reign of terror” against migrant communities which has made nearly all migrant children, along with other community members, “easy pickings” for gangs, with no realistic recourse to law enforcement. There are actually strategies for combatting gangs. But the Trumpsters have no interest in them.

Indeed, gangs have recognized that folks like Trump, Sessions, Homan, Neilsen, and now Rosenstein are their best recruiters and enablers. How dumb can we be as a country to put these biased, spineless, and clueless dudes in charge of “law enforcement.”

Interesting that in an obvious attempt to kiss up to Trump, Sessions, & Co and save his job, Rosenstein pathetically has decided that being a sycophant and sucking up to the bosses is his best defense. Particularly when it’s at the expense of kids and other vulnerable migrants seeking protection. Pretty disgusting! And, I doubt that it will eventually save him from Trump. Just tank his reputation and his future like others who have been “slimed for life” by their association with Trump.

Join the New Due Process Army and stand up for kids against the “child abuse” being practiced by the Trump Administration and its corrupt and incompetent officials.

PWS

05-24-18

 

GONZO’S WORLD: SESSIONS GREETS MELANIA’S “BE NICE TO KIDS” INITIATIVE WITH ATTACK ON MIGRANT CHILDREN AND THEIR FAMILIES – Also Plans “Aimless Docket Reshuffling” Initiative To Fill U.S. District Courts With Minor, Non–Violent Misdemeanants Diverting Resources From More Serious Criminals

https://www.huffingtonpost.com/entry/trump-dhs-doj-immigration-families_us_5af0bd5ee4b0ab5c3d68ae96

Roque Planas & Elise Foley report for HuffPost:

In a sweeping enforcement change, Donald Trump’s administration will increasingly prosecute members of immigrant families who cross the border illegally, even if that means splitting children from their parents and regardless of whether they’re seeking safety in the U.S., Attorney General Jeff Sessions said Monday.

It’s already happening. On April 27, Border Patrol officers picked up a 30-year-old Salvadoran woman, Morena Mendoza Romaldo, with one of her children after she crossed into the U.S. near San Diego. She fled El Salvador because of sexual violence, according to court filings. She clearly told Border Patrol that she was afraid to return there; an arrest narrative filed in court has “credible fear claim” written on it.

Crossing the border illegally is a misdemeanor punishable by up to six months in jail. But previously the Justice Department rarely targeted family units — as the Border Patrol describes parents who cross with their children — for prosecution. Instead, authorities typically routed migrant families to immigration courts, and they were often released from detention after three weeks because of a court order limiting how long undocumented children may remain locked up. People with credible fear of being returned to their native countries were likewise often sent to immigration court instead of being criminally prosecuted.

But now, with the Trump administration looking for ways to crack down on policies its officials deride as “catch and release,” the response has gotten harsher.

Mendoza’s case was one of 11 immigration prosecutions filed against alleged members of a caravan of asylum-seeking Central Americans. At least two others were also separated from their children after facing prosecution for illegal entry.

Sessions and Immigration and Customs Enforcement’s acting Director Thomas Homan said during a press conference in San Diego that the Department of Homeland Security would refer for prosecution all cases of people crossing illegally, as part of a zero-tolerance policy — regardless of whether they’re fleeing persecution or traveling with children.

“People are not going to caravan or otherwise stampede our border,” Sessions insisted. He later said, “We don’t want to separate families, but we don’t want families to come to the border illegally.”

It will be up to individual U.S. attorneys to decide how many of the migrants will face criminal charges. In the past, limits on the number of government attorneys or courtroom capacity led authorities to instead route most people caught at the border through the traditional deportation process without convicting them of a crime first. Last week Sessions announced that the Justice Department hired 35 more assistant U.S. attorneys to help prosecute immigration crimes in the five federal districts that touch the U.S.-Mexico border. Immigration prosecutions have taken up roughly half the federal criminal docket since 2008, after policy changes pioneered by George W. Bush, institutionalized under Barack Obama and now enthusiastically embraced by Trump.

The zero-tolerance policy won’t apply to those who seek asylum at ports of entry, which is not illegal, although the Trump administration has publicly urged migrants to stay in Mexico instead. At least two of the 11 alleged caravan members facing prosecution for illegal entry — Olga Esmeralda George and Marbel Yaneth Ramirez-Raudales — said they tried to initiate asylum claims at a nearby port of entry but were turned away, according to court filings.

Sessions’ plans are already facing opposition from the San Diego Federal Public Defenders’ Office. Illegal entry prosecutions are often open and shut cases. But attorney Eric Fish has asked the court to dismiss three of the 11 alleged caravan members’ cases, arguing that his clients, including Mendoza, were targeted for political reasons that amount to unconstitutional discrimination.

If other countries treated people seeking refugee protection in this way, the United States would be appalled.Eleanor Acer, refugee protection program director, Human Rights First

In court filings littered with Trump’s tweets excoriating the caravan, Fish contended that Border Patrol agents arrested the three defendants at the same time as a group of Indian nationals. But the Indians were never prosecuted.

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“The government cannot choose its defendants based on their alleged country of citizenship, but that’s exactly what it did here,” he wrote in a court filing. “The Court should not stand for such invidious discrimination, and should dismiss the complaint.”

Fish is also disputing the $10,000 bonds set by the court, arguing that his clients present no flight risk and could be instead monitored by GPS and released on their own recognizance.

The cases highlight how much energy Sessions is devoting to some of the pettiest crimes possible. Until he announced his zero-tolerance policy, illegal-entry prosecutions were all but unheard of in San Diego. And in the three contested cases, the government offered to free the defendants on time served if they pleaded guilty.

At least two of the defendants said they intend to seek asylum, which generally exempts people from criminal prosecution for illegally crossing the border. One of them, Yaneth, attempted to turn herself in at a legal port of entry but was turned away, according to court filings. Under U.S. law and international treaty obligations, Customs and Border Protection is required to let in migrants who say they fear persecution in their country of origin. But CBP faces a lawsuit in the Southern District of California alleging that the agency often flouts those rules.

Organizers with the caravan disputed that the migrants facing prosecution were affiliated with their group, though they said it’s possible that some had joined the caravan and later left it. At its peak, the number of migrants traveling with the caravan topped 1,000, but its numbers dwindled to fewer than 300 as some decided to remain in Mexico, were counseled that their asylum claims would be hard to press in U.S. courts or were repelled by the open hostility of top Trump administration officials.

“It’s pretty obvious that they don’t know who is part of the caravan or not,” said Alex Mensing — an organizer with Pueblos Sin Fronteras, which coordinated the caravan — noting that one of the defendants, Eric Alberto López Robles, is a Mexican national and that the caravan did not work with any Mexican adults. “It just doesn’t add up.”

Those crossing with the caravan were instructed to go through a legal port of entry to make their claims and were advised against crossing illegally, according to Nicole Ramos, the director of Al Otro Lado, a nonprofit group that is offering legal services to the caravan’s members. Ramos, who once worked as a federal public defender, said that in legal workshops, she warned about the threat of prosecution.

“After people were given transit visas, perhaps some of them went in other directions, but they were not integrated into the caravan,” she said. “The goal of the caravan was to get to Tijuana and present themselves legally. And as part of the legal orientation we gave, we specifically advised people about criminal prosecutions.”

Prosecuting people who are seeking asylum could violate international law, according to human rights advocates. Border Patrol was warned about this at least once, when the DHS Office of the Inspector General issued a report in 2015 saying the agency risked violating U.S. treaties by referring people for prosecution even though they expressed fear of persecution in their native country.

Immigrant rights advocates have been hearing for months from parents who were separated from their children and in some cases aren’t sure how to get in touch with them. The practice “is simply barbaric,” said Eleanor Acer, who leads the refugee protection program at Human Rights First.

“If other countries treated people seeking refugee protection in this way,” she said, “the United States would be appalled.”

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

Similar “strategies” have been tried and failed in the past under Administrations of both parties. But, doubling down on failed strategies, particularly when they disproportionately harm and punish a group consisting largely of Hispanics, is a Sessions specialty.

I will be interested to see how independent Article III Judges react to having their courtrooms clogged and judicial time focused on minor misdemeanors (rather than serious crimes)  as part of the Administration’s enforcement apparatus

PWS

05-08-18.

POST EDITORIAL SLAMS INSTITUTIONALIZED CHILD ABUSE BY TRUMP’S IMMIGRATION KAKISTOCRACY! — Human Rights Abuses “Business As Usual” Under Anti-Values Administration!

https://www.washingtonpost.com/opinions/the-trump-administration-traumatizes-children-in-the-name-of-scaring-migrants-away/2018/04/29/fe779b50-4a5a-11e8-827e-190efaf1f1ee_story.html?utm_term=.f866c5f999d8

The WashPost Editorial Board writes:

April 29 at 7:46 PM

INFANTS, TODDLERS, tweens, teens — Trump administration officials are less interested in the age of an unauthorized child migrant than they are in removing the child from his or her parents as a means of deterring illegal border-crossers. That plan, first floated by White House Chief of Staff John F. Kelly last year when he was homeland security secretary, was widely regarded as so callous and such a radical departure from historical practice that it was unthinkable for any U.S. government.

If only.

In fact, not only has the idea of systematically separating undocumented children and parents gained currency among top officials determined to turn the tide on illegal entry, it’s already happening with increasing frequency. The Department of Homeland Security insists it has not adopted the practice as a matter of official policy — despite White House pressure to do so — but administration officials acknowledge that hundreds of children, including scores younger than 4, have been taken from their parents in the past few months.

By now it’s clear that there are few red lines President Trump is unwilling to cross in his crusade to rid the United States of undocumented immigrants. For Mr. Trump, having washed his hands of the “dreamers” — young migrants, most in their 20s, raised and educated in the United States after being brought here as children — it’s hardly a moral leap to inflict lasting psychological damage on younger children by taking them from their parents if it will further his goal of combating illegal immigration.

As reported by The Post’s Maria Sacchetti, top immigration and border officials have recommended that all parents who enter the country illegally with their children be detained and prosecuted, meaning the automatic separation of minors, who cannot legally be held in jails or detention centers designed for adults. Until recently, that was extremely uncommon; most parents who crossed the border with children would be released pending an immigration court hearing, or, in some cases, detained together in a facility designed for families. Prosecuting parents for illegal entry, a misdemeanor under federal law, has been exceedingly rare — specifically because of the harm it would cause blameless children.

In addition, many of the parents who would be prosecuted are eligible under U.S. law to seek and be granted asylum. That’s hardly a stretch for migrants from El Salvador and Honduras, beset by drug cartels, gang violence, domestic abuse and some of the world’s highest homicide rates. In the last three months of 2017, more than two-thirds of the 30,000 asylum seekers crossed into the country illegally — and it is far-fetched to exempt from prosecution only those who announce themselves as asylum seekers at legal ports of entry, as Homeland Security officials propose. Are desperate, impoverished people fleeing violence to be penalized because they enter the United States in the wrong place?

The United States has a legitimate interest in deterring illegal border-crossing. It is within its rights to detain and deport individuals and families who fail to make a persuasive case for asylum. But to splinter families and traumatize children in the name of frightening away migrants, many of whom may have a legitimate asylum claim, is not just heartless. It is beyond the pale for a civilized country.

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

Pretty ugly! Eventually our country, particularly future generations, will pay a high price for abandoning civilized values and human decency. The world is watching and the historical record is being made of the Trump Administration’s cowardly response to humanitarian tragedies and the folks who are enabling him and his White Nationalist cronies.

Get on the “right side of history!” Join the New ‘Due Process Army!”

PWS

04-30-18

RACISM IN AMERICA: WILL YOU OR YOUR FAMILY BE NEXT IN THE “NEW AMERICAN GULAG?” — Think It Can’t Happen Because You Are A US Citizen? — Guess Again! — DHS Has Detained Nearly 1,500 Citizens, & They Are Largely Indifferent To The Problem! Of Course It Will Get Worse Under Trump, Unless You’re A “White Guy!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8d20e42e-cd60-4330-b0f1-f808600e59b5

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

Immigration officers in the United States operate under a cardinal rule: Keep your hands off Americans. But Immigration and Customs Enforcement agents repeatedly target U.S. citizens for deportation by mistake, making wrongful arrests based on incomplete government records, bad data and lax investigations, according to a Times review of federal lawsuits, internal ICE documents and interviews.

Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

Victims include a landscaper snatched in a Home Depot parking lot in Rialto and held for days despite his son’s attempts to show agents the man’s U.S. passport; a New York resident locked up for more than three years fighting deportation efforts after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a night in prison the second time even though her husband had brought her U.S. passport to a court hearing.

They and others described the panic and feeling of powerlessness that set in as agents took them into custody without explanation and ignored their claims of citizenship.

The wrongful arrests account for a small fraction of the more than 100,000 arrests ICE makes each year, and it’s unclear whether the Trump administration’s aggressive push to increase deportations will lead to more mistakes. But the detentions of U.S. citizens amount to an unsettling type of collateral damage in the government’s effort to remove undocumented or unwanted immigrants.

The errors reveal flaws in the way ICE identifies people for deportation, including its reliance on databases that are incomplete and plagued by mistakes. The wrongful arrests also highlight a presumption that pervades U.S. immigration agencies and courts that those born outside the United States are not here legally unless electronic records show otherwise. And when mistakes are not quickly remedied, citizens are forced into an immigration court system where they must fight to prove they should not be removed from the country, often without the help of an attorney.

The Times found that the two groups most vulnerable to becoming mistaken ICE targets are the children of immigrants and citizens born outside the country.

Matthew Albence, the head of ICE’s Enforcement and Removal Operations, declined to be interviewed but said in a written statement that investigating citizen claims can be a complex task involving searches of electronic and paper records as well as personal interviews. He said ICE updates records when errors are found and agents arrest only those they have probable cause to suspect are eligible for deportation.

“U.S. Immigration and Customs Enforcement takes very seriously any and all assertions that an individual detained in its custody may be a U.S. citizen,” he said.

But The Times’ review of federal documents and lawsuits turned up cases in which Americans were arrested based on mistakes or cursory ICE investigations and some who were repeatedly targeted because the government failed to update its records. Immigration lawyers said federal agents rarely conduct interviews before making arrests and getting ICE to correct its records is difficult.

. . . .

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Read the complete, very scary, story at the link.

Just more support for my position that DHS should not be given any additional agent positions until they account for how they are using (and in too many cases misusing) their current positions. If there is anything that the Trumpsters have clearly shown it’s their total disdain for the Constitution and laws of the U.S. except as they might advance and protect the parochial interests of Trump and his supporters.

There is little doubt that the Trump/Sessions/Miller/Homan crew see DHS as “Internal Security Police” — largely beyond anyone’s control — that they will use for partisan political purposes. The case for the ultimate abolition of ICE in its current form and leadership looks stronger all the time.

And, as usual these days, Congress is AWOL while this Administration undermines American democracy.

Now, a REAL Attorney General might be concerned about getting to the bottom of this lawless behavior affecting the rights of U.S. citizens. But, White Nationalist Jeff Sessions is too busy creating false narratives, demonizing immigrants, and undermining the rights of Hispanic Americans, LGBTQ Americans, and African-Americans to be bothered with fundamental violations of Constitutional rights particularly where the victims aren’t White Guys. Jim Crow lives! And all of us should be worried about where he will strike next.

PWS

04-29-18

CALL OUT THE CAVALRY, WE NEED REINFORCEMENTS! – “CARAVAN” OF A FEW HUNDRED MEEK REFUGEE WOMEN & CHILDREN REACH S. BORDER, THREATEN TO EXERCISE LEGAL RIGHTS TO APPLY FOR ASYLUM, AS TRUMP, SESSIONS, NIELSEN, HOMAN, & CO. COWER IN FEAR WITHIN “FORTRESS AMERICA” — Trump Administration Views Individual Constitutional Rights As “Dangerous Loopholes” & “Threats To National Security” That Must Be Eliminated – “Grandfathering” Sought For Current & Former Trump Officials, Friends, Family Who Might Need To Assert Fifth Amendment Right Against Self-Incrimination!

https://www.washingtonpost.com/world/national-security/at-the-us-border-a-diminished-migrant-caravan-readies-for-an-unwelcoming-reception/2018/04/27/7946a154-4a52-11e8-827e-190efaf1f1ee_story.html?utm_term=.cd296045d4c6

Nick Miroff reports for the Washington Post:

The American president, a former real estate mogul, does not want Byron Garcia in the United States. But the Honduran teenager was too busy building his own hotel empire this week to worry much about that.

Vermont Avenue and Connecticut Avenue were his. Now he was looking to move up-market.

The mini-Monopoly board on the dusty floor of the migrant shelter was small, but it fit well in the small space beside the tents. His older sister, Carolina, rolled a 2 and landed on Oriental Avenue.

“That’ll be $500,” said Garcia, 15, gleefully extending his hand. “I love this game!”

Garcia is coming to America on Sunday. Or maybe not. His mother, Orfa Marin, 33, isn’t sure it will be a good day to walk up to the border crossing and tell a U.S. officer that her family needs asylum. She knows President Trump wants to stop them.

Marin and her three children are among the 300 or so remaining members of the migrant caravan who have arrived here at the end of a month-long geographic and political odyssey, a trip that has piqued Trump’s Twitter anger and opened new cracks in U.S.-Mexico relations.

Central American migrant children play Monopoly at the Movimiento Juventud 2000 shelter on April 26, 2018 in Tijuana, Mexico. (Carolyn Van Houten/The Washington Post)

The organizers of the caravan say they are planning to hold a rally Sunday at Friendship Park, the international park where a 15-foot border fence splits the beach. From there, activists and attorneys plan to lead a group of the migrants to the U.S. port of entry at San Ysidro, Calif., where they will approach U.S. Customs and Border Protection officers and formally request asylum.

. . . .

Trump has ordered U.S. soldiers to deploy and Homeland Security officials to block the migrants. But the diminished version of the caravan that has arrived here, mostly women and children, has only underscored its meekness.

Migrant families arrive on a bus at the Ejercito de Salvacion shelter on April 26, 2018 in Tijuana, Mexico after driving from Mexicali, Mexico. (Carolyn Van Houten/The Washington Post)

The families are drained after weeks of travel, coughing children and pinto beans. They have crowded here into shelters in the city’s squalid north end, where the sidewalks are smeared with dog droppings and skimpily dressed women hand out drink promotions among the strip clubs and brothels. The tall American border fence is two blocks away.

Children play on the sidewalks outside the shelters, the boredom broken whenever a car with donations arrives to drop off clothes and toys.

Central Americans migrants in Mexico have long been treated as a kind of renewable natural resource, ripe for exploitation by thieves, predators and politicians. The geopolitical importance attached to this particular group was a sign to many here that the U.S. president had recognized an opportunity, too.

“We’re not terrorists or bad people,” Marin said.

Regardless of its size, Trump officials have measured this caravan in symbolic terms, as an egregious example of the “loophole” they want to shut and an immigration system whose generosity is being abused, they say, by hundreds of thousands of Central Americas trying to dupe it.

. . . .

“These people have no option but to seek refuge in another country, and they have every right to seek asylum, they have decided to face the consequences and to be strong in demanding what is their right,” said Leonard Olsen, 26, a law student and one of several caravan organizers from the United States. He wore a tattered Philadelphia Eagles cap and arrived in Tijuana on Thursday with a busload of women and children.

. . . .

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

I can understand why guys like Trump, Sessions, Nielsen, and Homan would be scared by mothers with talented kids who show the kind of courage, honesty, humanity, and respect for law that they themselves so conspicuously lack.

Without 5th Amendment protections, who would join the Trump Administration?

PWS

04-28-18

CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!

https://www.washingtonpost.com/local/immigration/top-homeland-security-officials-urge-criminal-prosecution-of-parents-who-cross-border-with-children/2018/04/26/a0bdcee0-4964-11e8-8b5a-3b1697adcc2a_story.html

Maria Sacchetti reports for WashPost:

The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.

In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.

The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.

Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”

. . . .

Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.

“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”

Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.

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Read Maria’s complete article at the link.

I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.

PWS

04-27-18