EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

http://www.aila.org/advo-media/press-releases/2017/ag-sessions-cites-flawed-facts-imm-court-system

From AILA Executive Director Ben Johnson:

“Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system,” said Benjamin Johnson, AILA Executive Director. “He blames immigration attorneys for seeking case continuances, disregarding the fact that continuances are also routinely requested by counsel for the government, or are issued unilaterally by the court for administrative reasons. In fact, although the report cited by the Attorney General indicates an 18% increase in continuances requested by respondents, that same report found a 54% increase in continuances requested by the Department of Homeland Security (DHS), and a 33% increase in ‘Operational-related’ continuances. That said, continuances are often a necessary means to ensure due process is afforded in removal proceedings. The number one reason a continuance is requested by a respondent is to find counsel. Other reasons include securing and authenticating documentary evidence from foreign countries, or to locating critical witnesses. And when the government refuses to share information from a client’s immigration file and instead makes them go through the lengthy process of a Freedom of Information/Privacy Act request, a continuance is often a client’s only lifeline to justice. For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.

“The immigration court backlog is a function of years and years of government spending on enforcement without a commensurate investment in court resources. Our nation would be better served if the immigration courts were an independent judiciary, free from the auspices of the Department of Justice, where every immigrant has access to counsel. Immigration court is not small claims court or traffic court; each decision has the potential to tear apart families or keep them together, to destroy businesses or build our economy, to send someone back to certain death, or bring hope for a new and better life. Immigration judges should make those decisions with all information at hand, without any undue influence or arbitrary case completion requirements. That is a goal we can all work toward.”

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

Sure matches my observations from the latter part of my career at the U.S. immigration Court in Arlington, VA!

Probably 75% of the cases on my “Non-Detained Docket” were there NOT at the request of a respondent or his or her attorney. No, they were “mass transferred and continued” to my docket unilaterally by EOIR to fulfill “Border Priorities” established by the DOJ during the Obama Administration as an adjunct to changing DHS Enforcement priorities.

And, these weren’t “short continuances” to find a lawyer or prepare an application as might be requested by a respondent or a private bar lawyer. NO, these were “Merits Hearing” cases that had often been set for late 2016 or 2017 hearings before one of my colleagues, only to be “continued” by EOIR to my docket for dates many additional years in the future. Indeed, many of these cases were unilaterally removed by EOIR from “Individual Dockets” and “orbited” to my “Master Calendars” (arraignments) years in the future — indeed years after I would be retired. That’s because my docket was already completely full for several years when this chapter of ADR started.

And the same was true for my colleague Judge Lawrence O. Burman. Indeed, at the time I retired, Judge Burman and I were the ONLY judges hearing “nonpriority, non-detained cases” — even though those cases were BY FAR the majority of cases on the Arlington Court Docket. And, to make things worse, my “replacement” retired at the end of 2016 thus resulting in a whole new “round” of ADR. 

Talk about ADR driven by incompetent administration and improper political meddling from the DOJ. And, from everything “Gonzo” has said and I have heard about what’s happening at EOIR, such impropriety has become “normalized” under the Trump Administration.

No court system can run efficiently and fairly when the perceived interests of one of the parties are elevated over fairness, Due Process, equal justice, and reaching correct decisions under the law. No court system can run efficiently and fairly when control over day-to-day dockets is stripped from the local US Immigration Judges and Court Administrators and hijacked by officials in Washington and Falls Church driven by political performance objectives  not by practical knowledge and day-to-day considerations of how to construct and run a docket for maximum fairness and efficiency under local conditions (the most important of which is the an adequate number of pro bono lawyers to represent respondents).

NO OTHER MAJOR COURT SYSTEM IN AMERICA OPERATES THE WAY EOIR DOES! THAT SHOULD TELL US SOMETHING!

So, why is “Gonzo Apocalypto” being allowed to get away with misrepresenting the facts and intentionally running the Immigration Court system for the perceived benefit of one of the parties and against the interests of the other? There is a simple term for such conduct: Ethical Misconduct. Usually, it results in the loss or suspension of the offender’s license to practice law. Why is Gonzo above accountability?

PWS

12-12-17

WASHINGTON POST: “DEATH PENALTY IN TRAFFIC COURT” — BIG STAKES, LITTLE COURTS, FLAWED PROCEDURES, IMPROPER POLITICAL INFLUENCE, SOME JUDGES WHO FAIL TO PROTECT INDIVIDUAL RIGHTS LEAD TO LIFE-THREATENING ERRORS ON A DAILY BASIS IN OVERWHELMED U.S. IMMIGRATION COURTS. — What If YOU or YOUR Loved Were On Trial In This Godforsaken Corner Of Our Justice System Controlled By Jeff “Gonzo Aocalypto” Sessions!

https://www.washingtonpost.com/opinions/a-mexican-journalists-life-hangs-in-the-balance/2017/12/11/9783ab1a-deac-11e7-8679-a9728984779c_story.html

The WashPost Editorial Board writes:

“As he awaits his fate in a remote Texas jail, Mr. Gutierrez, 54, remains convinced of the peril he faces if deported to his native country. “My life depends on this [appeal],” he said by telephone in a news conference organized Monday by the National Press Club. “I’m terrified to set foot in Mexico.”

The judge who denied asylum in the case, Robert S. Hough, pointed to an absence of documentary and testimonial corroboration of Mr. Gutierrez’s claim. The woman who relayed word of the alleged death threat did not come forward; neither did Mr. Gutierrez’s former boss at the newspaper for which he worked in Chihuahua. Much of Mr. Gutierrez’s case comes down to his word.

Nonetheless, the judge’s cut-and-dried application of the law fails to take into account conditions in Mexico generally and the peril faced there by journalists in particular. It’s not surprising that Mr. Gutierrez cannot recover copies of his articles, written more than a decade ago for a regional newspaper. Nor is it unusual that witnesses are reluctant to come forward, given the fear with which many Mexicans regard the security forces.

As a U.N. report published this month concluded, citing the deaths, disappearances and attacks on dozens of journalists tallied by Mexico’s Human Rights Commission, “The data . . . presents a picture for the situation of journalists in Mexico that cannot be described as other than catastrophic.” Against that background, it seems cavalier to dismiss the threat Mr. Gutierrez faces should he be deported to Mexico. He should be granted asylum.”

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

Read the complete Editorial at the link.

Unfortunately, a “cut and dried application of the law” without proper regard to the facts or reality is a disturbingly accurate snapshot of what all too often happens daily in our Immigration Courts, a “wholly owned subsidiary” of the US Department of Justice and part of the “Trump Conglomerate” (formerly known as the US Government).

Our failing US Immigration Court system and its aggravation by AG “Gonzo Apocalypto’s” oft-expressed hostility to immigrants, asylum, the rule of law (except his 1950s “Jim Crow” views on the law and how it should be a tool for injustice and advancing White Nationalism), lawyers, Latinos, Mexicans, and the press has become an almost daily topic for major editorial boards. At least someone (other than me) is watching and documenting as this mockery of American justice unfolds before us.

In particular, too many U.S. Immigration Judges are tone-deaf to Mexican asylum claims, not wanting to be accused of “opening the floodgates” ( a concept that is nowhere to be found in the actual law) and knowing that “Gonzo” wants lots of  “quick removals” rather than asylum grants.  Additionally, the only administrative check on the Immigration Judges’ authority is a weak Appeals Board that never “calls out” overly restrictive Immigration Judges by name and seldom publishes precedents granting asylum. Truly, a prescription for a “Due Process Disaster!”

Judge Hough seems to have forgotten that under the law:

  • ”Corroborating evidence” can only be required if it is “reasonably available;”
  • Testimony may be corroborated by country condition information describing the same abuses that the applicant claims;
  • The standard for granting asylum is a  generous “well-founded fear” or “reasonable likelihood” of future harm which can be “significantly less than probable — as little as a 10% chance can suffice;
  • Asylum applicants are supposed to be given the “benefit of the doubt” in recognition of the evidentiary challenges of providing proof of persecution and the difficulties of relating traumatic events in the past.

It remain to be seen whether the Board of Immigration Appeals, EOIR’s “Appellate Court,” will correct Judge Hough’s life-threatening errors and, further, issue a strong precedent on asylum for foreign journalists (traditionally one of the most vulnerable and persecuted groups) to prevent further miscarriages of Justice such as this. Such a precedent would also discourage the DHS from continuing to abuse our system by pushing for removal (and needless detention) in cases such as this where a grant of asylum at the DHS  Asylum Office or at the hearing following the testimony would be the correct result.

Or, will the next major editorial describe and decry Mr. Gutierrez’s death in Mexico!

In a well-functioning justice system, this case should have been a “Short-docket, No-brainer Grant.” But, Gonzo Apocalypto seeks to use the US Immigration Courts as an extension of DHS enforcement rather than, as they were intended, as Courts guaranteeing fairness, Due Process, and equal justice for all! We need change. Lots of it!

[NOTE: For those interested, Judge Hough apparently has not decided enough asylum cases on the merits in El Paso to be listed on the statistical profile of asylum outcomes maintained by TRAC Immigration.]

PWS

12-12-17

 

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

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

The Post Editorial Board writes:

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

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

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

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

Read the full article at the link.

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

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

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

PWS

12-12-17

 

WHAT’S WRONG WITH THIS PICTURE? — Mexican Journalist Emilio Gutierrez Who Exposed Government Corruption Received A Press Freedom Award from the National Press Club In Washington, DC. In Oct. 2016 – Now He Says The Trump Administration Plans To Kill Him By Denying His Asylum Application!

https://www.washingtonpost.com/world/national-security/denied-asylum-and-facing-deportation-mexican-journalist-says-hell-be-killed-if-sent-home/2017/12/08/15e96746-dc4c-11e7-b859-fb0995360725_story.html?utm_term=.eb9496127724

Nick Miroff reports for the Washington Post:

“A Mexican journalist who sought asylum in the United States in 2008 was arrested by U.S. immigration agents this week and told he would be deported, though an appeals board temporarily halted his removal Friday — sparing his life for now, he said.

Emilio Gutierrez, 54, who in October received a press freedom award from the National Press Club in Washington, said he and his 24-year-old son, Oscar, were taken into custody by Immigration and Customs Enforcement (ICE) on Thursday while trying to enter an appeal to their asylum claim.

“We can’t go back to Mexico. They’ll kill us,” Gutierrez said, using his attorney’s cellphone to speak from an ICE detention center in Sierra Blanca, Texas.

Gutierrez said he and his son fled northern Mexico’s Chihuahua state in 2008 after he published stories exposing the abuses committed by soldiers who robbed and extorted residents in his hometown, Ascención, a notorious drug trafficking hub.

After soldiers ransacked his home, Gutierrez said he learned his name appeared on a military “kill list,” so he fled across the border into Texas with his then-teeange son.

In July, after living nine years in the United States, Gutierrez’s asylum request was denied, and an appeal was rejected in early November. His attorney, Eduardo Beckett, said Gutierrez and his son were handcuffed and jailed Thursday when they presented themselves at an ICE processing center to enter an emergency appeal.

. . . .

With drug-related violence at record levels, Mexico has become one of the world’s most dangerous countries for the press, according to the New York-based Committee to Protect Journalists. More than 40 Mexican reporters have been murdered since 1992 for performing their jobs, including at least five this year. Only Iraq and Syria were more dangerous for the press in 2017, according to CPJ.

Journalists working in small towns plagued by drug cartel violence are especially vulnerable, but the dead have included staffers at some of Mexico’s leading publications.

Bill McCarren, the executive director of the National Press Club, said the organization gave Gutierrez this year’s press freedom award to draw attention to the plight of Mexico’s imperiled journalists. McCarren was alarmed to find out ICE agents were trying to send Gutierrez back to a place where his life would be in danger.

“This is a critical, existential issue for Emilio, but also a critical issue for all journalists in Mexico,” McCarren said in an interview. “It’s a concern for us that the United States, that stands for free press as a bedrock principle of our democracy, would not make a place for him here when he’s so clearly at risk.”

. . . .

But Hootsen said his organization cautions reporters against seeking asylum in the United States because the requests are likely to be denied. “The United States is obviously the place that first comes to mind for Mexican reporters who need to flee the country,” said Hootsen, “so it’s important for U.S. authorities to take their claims seriously and give them a fair hearing.”

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

Read Miroff’s complete story at the link.

Jeff Sessions would have you believe that frivolous asylum cases and failure to crank denials off the Immigration Court assembly line more quickly are the biggest problems. Not true!

Those of us who have spent a lifetime working in the system and actually understand asylum law, the correct legal criteria, and the shortcomings of EOIR know that the real crisis here is that far too many meritorious claims for protection are being denied by stressed and rushed Immigration Judges who don’t correctly understand asylum and protection law, are unsympathetic to asylum seekers, are forced to deal with unrepresented or underrepresented asylum applicants, or are afraid to put their careers on the line to stand up to politicos in this and other Administrations who seek to artificially limit the number of asylum grants at the potential expense of individual’s lives and safety.

PWS

12-10-17

 

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

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

Kelly O’Meara Morales reports for The Week:

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

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

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

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

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

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

PWS

12-10-17

 

CHECK OUT MY 17-POINT “IMMIGRATION CONSUMERS’ PROTECTION PROGRAM” (“ICPP”)!

IMMIGRATION CONSUMERS’ PROTECTION PROGRAM (“ICPP”)

BY Paul Wickham Schmidt, United States Immigration Judge (Retired)

  • Get a lawyer.
  • Make sure lawyer is real & reputable.
    • Confirm bar admission and check complaints online.
    • Firm website should confirm that immigration is a primary area of practice.
    • Google published immigration cases and check results.
  • Get it in writing.
    • In a language you understand.
  • If it’s too good to be true, it probably isn’t.
  • Play to tell the truth.
    • With lawyer, court, DHS.
  • Keep your appointments with your lawyer.
    • Time is money – YOUR money!
    • Lawyer needs complete and accurate information to help.
  • Show up for all Immigration Court hearings at least 30 minutes early.
    • Failing to appear (“FTA”) is the worst possible thing you can do in Immigration Court.
    • FTA = Final Order of Removal = Arrest, Detention & Immediate Removal = YOU become “low hanging fruit” for DHS’s “jacked up” removal goals!
  • Dress the part.
    • No cutoffs, t-shirts, flip-flops, halter-tops, crop tops, underwear showing, muscle shirts, flashy distracting jewelry, “rainbow hair,” shirts with (particularly political) slogans, baseball caps in Immigration Court.
    • Dress as you would to go to the funeral of someone you respected.
  • Avoid the “Big Five:”
    • Alcohol
    • Drugs
    • Domestic violence
    • Gangs
    • Driving violations of all types.
      • OWLs can be a problem and eventually turn into felonies in Virginia!
      • That’s what busses, trains, friends, co-workers, bikes, and strong legs are for.
    • Keep all documents – originals and at least one copy.
      • Never give away originals (unless the judge requires it) or your only copy of a document.
    • Pay taxes.
    • Stay in school or keep employed.
    • Ask questions.
      • Insist on an explanation that you understand in a language you understand.
    • Don’t sign anything you don’t understand.
      • Make sure everything has been translated for you.
    • Comply with all court orders.
    • Use available resources:
      • Internet
      • 1-800 number
      • Immigration Court Practice Manual (“ICPM”) (online).
    • Don’t forget family and friends.
      • They can be some of your best resources.

(12-10-17)

This outline contains some of the points that I emphasized during my two Spanish-language radio appearances in Richmond, Virginia on Friday, December 8, 2017!

 

PWS

12-10-17

 

 

 

 

 

 

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

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

Maria Sacchetti reports in the Washington Post:

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

Steve no longer asks when the family will be together.

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

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

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

 

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

Steve no longer asks when the family will be together.

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

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

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

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

Steve no longer asks when the family will be together.

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

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

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

Maria Sacchetti reports in the Washington Post:

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

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

Steve was born in 2007, Danyca in 2012.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

. . . .

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

Steve no longer asks when the family will be together.

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

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

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

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

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

THE GHOST OF CHRISTMAS FUTURE

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

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

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

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

PWS

12-09-17

ATTN “COURTSIDERS” – HEAR ME “LIVE” ON RADIO IN RICHMOND, VA, THE INTERNET, AND FACEBOOK TOMORROW, FRIDAY, DEC. 8, 2017!

I’ll be on two local radio shows hosted by Richmond Attorney Pablo Fantl tomorrow.

Both are am radio stations, and are available online.  They also will broadcast on Facebook Live, and will be available in the archives afterwards.  I will post links on immigrationcourtside.com once the recordings are available.

From 11:30-12:30     Radio Poder 1380 am   http://www.wbtk.com/

From 1:00-2:00         Maxima 1320 am          https://maxima1320.com/

These are programs directed at informing the Hispanic community in Richmond. Although I’m not bilingual, Pablo has promised excellent interpretation services. And, gosh knows, I’m pretty used to being translated into many languages from my days on the immigration bench.

Hope you’ll “tune in!”

PWS

12-07-17

 

 

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

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

Nick Miroff reports in the Washington Post:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Read the complete article at the link.

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

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

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

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

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

PWS

12-06-17

 

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

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

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

“Introduction

Cibola County Correctional Center in Milan, New Mexico

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

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

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

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

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

 

The Future Of Immigration Detention: Why Cibola Matters

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

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

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

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

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

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

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

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

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

 

Recommendations

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

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

Specifically, Congress must:

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

 

A Note On Methodology

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

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

Acknowledgements

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

All photos credit the National Immigrant Justice Center.”

 

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Read the complete report at the link.

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

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

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

PWS

12-05-17

ICEMEN SQUARE OFF! – Internal Spat Roils Immigration Enforcers!

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

Maria Sacchetti reports for the Washington Post:

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

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

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

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

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

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

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

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Read the complete article at the link.

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

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

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

PWS

12-05-17

 

 

 

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

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

December 3 at 8:10 PM

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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Read the complete editorial at the link.

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

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

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

PWS

12-04-17

 

INTERNATIONAL RESCUE COMMITTEE: US ADMINISTRATION OF SHAME: “A year of unwelcome How the Trump administration has sabotaged America’s welcome in 2017”

https://www.rescue.org/article/how-trump-administration-has-sabotaged-americas-welcome-2017

“Since President Donald Trump took office on Jan. 20, his administration has repeatedly implemented policies that pull the welcome mat from under the feet of refugees and immigrants seeking safety in the United States. The latest directive, announced in late October, institutes new vetting measures for refugees from 11 countries, effectively extending the travel ban that recently expired.

These developments are unbefitting America’s history as a safe haven for refugees. Democratic and Republican presidents alike have ensured that the United States supports refugees who seek liberty and reject ideologies opposed to American values.
U.S. leadership is needed now more than ever, when tens of millions across the globe face life-threatening situations. Yet the Trump administration continues to issue anti-immigrant and anti-refugee policies that endanger innocent people fleeing persecution and, inherently, weaken America’s reputation both at home and abroad.
Here is a timeline of the Trump administration’s immigrant policies during its first nine months.
Travel ban
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
65 million
people worldwide are currently uprooted by crisis

More people have been forced to flee their homes by conflict and crisis than at any time since World War II.

Learn more about refugees
During his first week in office, President Trump instituted a travel ban that suspended the U.S. refugee resettlement program for 120 days and barred Syrian refugees from entry to the U.S. indefinitely. It also indiscriminately excluded any travel from six other countries—Iraq, Iran, Sudan, Libya, Somalia and Yemen—for 90 days.
Opponents of the travel ban challenged the directive in the courts. The Administration drafted a second travel ban as replacement: It allowed travelers who hold green cards entry the U.S.; removed Iraq from the list of restricted countries; and struck down the indefinite ban on Syrian refugees.
Even with this second ban, an eventual Supreme Court ruling required the administration to rewrite its travel guidelines over the summer, stipulating that people who have a “credible claim of bona fide relationship” with a person living in the U.S. can enter the country. The new guidelines, however, raised more questions than answers. For example, “bona fide relationships” didn’t include grandparents or resettlement agencies until advocates further challenged the protocols. Meanwhile, thousands of vulnerable refugees who were not already on flights to the U.S. were left stranded.
“The human toll on families who have patiently waited their turn, done the vetting, given up jobs and prepared to travel is wrong,” said David Miliband, president of the International Rescue Committee (IRC), in a July 13 statement. “After decades of leading with its gold standard resettlement program, this defective policy shifts the goal posts and sees America turn its back on—and break its promise to—the world’s most vulnerable.”
The Supreme Court scheduled hearings on the legality of the travel ban, but the expiration date for the directive rendering the case moot.
End of protections for Central American refugee children
On Aug. 16, the Trump administration ended the automatic parole option for children in the CAM program (formally called the Central American Minors Refugee and Parole program). Since December 2014, the CAM program has helped reunite children fleeing gang violence in Guatemala, Honduras and El Salvador with parents already in the U.S.
Many of these children avoided a perilous journey in order to reunite with parents and relatives—who are lawfully in the U.S.—and begin their new lives with refugee status protected under U.S. and international laws, notes Jennifer Sime, senior vice president of United States Programs at the IRC. “These children are no longer separated from their parents due to conflict and unrest, and are able to attend school and have a childhood free from violence.”
Terminating this lifesaving program, as this administration has done, is brutally tearing families apart—and in many cases, endangering children.
End of the “Dreamers” program
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
45,000
is the record-low U.S. limit on refugee admissions

That number is less than half the refugee admissions cap set by President Obama last year.

Why the U.S. should accept more refugees
On Sept. 5, Trump ended the Deferred Action for Childhood Arrivals (“DACA”) program, which created a fair and necessary safeguard for hundreds of thousands of young people—commonly known as Dreamers—brought to the U.S. as children.
This decision puts nearly 800,000 young people at risk of deportation from the only country they have ever known. It will have a painful and lasting impact on their lives, the fortunes of their employers, and the wellbeing of their communities.
“The devastating decision to discontinue DACA … unnecessarily tears families apart,” says Hans van de Weerd, vice president of United States Programs at the IRC. “To take away the promised protection of DACA without an alternative, from those who courageously came out of the shadows to apply to the program, bolster our economy and enrich our communities, is simply inhumane.”

Historically low refugee cap
On Sept. 27, the Trump administration announced that it would cap at 45,000 the number of refugees granted admission to the U.S. in Fiscal Year 2018. This number is a historic low—the annual cap on average has exceeded 95,000 since 1980—and comes at a time when more people are uprooted by war and crisis than ever before.
“This administration’s decision to halve the number of refugees admitted to America is a double-blow—to victims of war ready to start a new life, and to America’s reputation as a beacon of hope in the world,” says Miliband. “When America cuts its numbers, the danger is that it sets the stage for other nations to follow suit, a tragic and contagious example of moral failure.”
New vetting procedures
By the numbers
President Trump is pulling back America’s welcome mat at a time of unprecedented global need. This year:
15,000
refugees are actually likely to be admitted to the U.S., based on IRC projections

Vulnerable refugees are being harmed by bureaucratic red tape that won’t make Americans safer.

Why the existing vetting process already works
The travel ban officially expired on Oct. 24, but the Trump administration substituted the directive with a round of new vetting procedures for refugees entering the U.S. All refugees will now need to provide addresses, phone numbers, email addresses and other details – over the past decade – for themselves and, potentially, their extended family members.
Further measures essentially allow Trump to extend the ban for 90 days for refugees from 11 countries.
“This will add months, or potentially years, to the most urgent cases, the majority of which are women and children in heinous circumstances,” says Sime. “With a world facing brutal and protracted conflicts like in Syria, or new levels of displacement and unimaginable violence against the Rohingya, this moment is a test of the world’s humanity, moral leadership, and ability to learn from the horrors of the past.”
Stand with refugees

We need your help to fight back and remind Congress that the Trump administration’s refugee policies DO NOT represent American values.”

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More for Fat Cats, corporations, and the Trump Family Enterprises. Less for the needy and vulnerable. Eventually, there will be a reckoning for selfish, “me first,” policies of greed and disregard for the rights and humanity of others. I read it in a book.

PWS

12-02-17

 

 

 

“NOT GUILTY” VERDICT IN “KATE’S LAW” SHOOTING!

http://www.cnn.com/2017/11/30/us/kate-steinle-murder-trial-verdict/index.html

Holly Yan and Dan Simon report for CNN:

“San Francisco (CNN) A jury on Thursday found Jose Ines Garcia Zarate not guilty of homicide charges in the July 2015 death of Kate Steinle in San Francisco.

Jurors convicted the undocumented immigrant of being a felon in possession of a firearm after deliberating for more than 24 hours over six days.
The case became a political lightning rod in the debate over immigration policy. Proceedings lasted about one month.
Garcia Zarate, a Mexican citizen, is subject to immediate deportation.
He had been deported from the United States five times prior to Steinle’s death.
Garcia Zarate, 45, faced a charge of second-degree murder, but jurors also were allowed to consider first-degree murder and involuntary manslaughter convictions.
Garcia Zarate was accused of fatally shooting Steinle, 32, with a Sig Sauer .40-caliber handgun as she and her father walked on San Francisco’s Pier 14.

. . . .

Garcia Zarate’s undocumented status and San Francisco’s status as a “sanctuary city” prompted widespread debate over immigration policies.
Officials sued after Kate Steinle's death

Officials sued after Kate Steinle’s death 02:00
Garcia Zarate had been deported from the United States back to Mexico five times. Before the shooting, officials in San Francisco released him from custody instead of turning him over to immigration authorities.
Steinle’s death became a rallying cry for President Donald Trump and others, who have invoked the case in decrying sanctuary cities and promoting the construction of a border wall between the US and Mexico.
“This senseless and totally preventable act of violence committed by an illegal immigrant is yet another example of why we must secure our border immediately,” Trump said in July 2015. “This is an absolutely disgraceful situation and I am the only one that can fix it. Nobody else has the guts to even talk about it. That won’t happen if I become President.”
Trump also mentioned Steinle in his acceptance speech at the Republican National Convention after winning the Republican presidential nomination.
In June, the House of Representatives passed “Kate’s Law,” a bill that would create harsher penalties for repeat illegal entry to the US. The bill would also expand US law to pressure local cities to cooperate with federal immigration enforcement.
This summer, the House of Representatives passed H.R. 3004, dubbed “Kate’s Law” — a measure named for Steinle. The legislation would increase maximum prison penalties for immigrants caught repeatedly entering the US illegally.
The measure was introduced in the Senate but failed to get the 60 votes needed to pass.“

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A tragic situation.

PWS

11-30-17

“FEARLESS LAWYERING” — Those With AILA Access Can Now Get This Three-Part Video Series Featuring Practice Advice From & Conversations Among Retired U.S. Immigration Judges Sarah Burr, William Joyce, Eliza Klein, & Me!

Here’s the link! Check it out!

http://www.aila.org/publications/videos/fearless-lawyering-videos/three-part-video-series-on-fearless-lawyering-with?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily

PWS

11-30-17