"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
One government lawyer who appeared in a crowded Newark, New Jersey, immigration court last month is in a medically induced coma. A New York immigration lawyer and her client are both sick. Immigration judges are being denied sick leave when they use anxiety or safety as reasons. Migrant children are asking their lawyers if they will fall ill if they go to court, and whether they’ll be deported if they don’t show up.
Sickness, panic, and confusion in the midst of a pandemic: These are the acute side effects of immigration courts continuing to operate as the novel coronavirus races across the country. Despite three weeks of intense pleading to close all 69 courts—across a united front of immigration lawyers, the union representing lawyers for ICE, and the immigration judges’ union—more than two-thirds of them remain open.
The courts that have been closed by the Executive Office for Immigration Review (EOIR), the federal agency that runs them, have often only been shuttered in reaction to a confirmed case of COVID-19 or suspected exposure. The closures are often last-minute, and not clearly communicated, except on Twitter. This week, several immigration legal associations filed two separate federal lawsuits to close the courts because they fear that the government has put their lives in danger.
“I think it’s about time the American people woke up to the fact that EOIR’s willingness to perpetuate and extend this pandemic will inevitably bring the virus to their hometown,” Rebecca Press, the legal director at UnLocal in New York, said Thursday via email. She contracted coronavirus two weeks ago and at least one of her clients is sick. “The longer courts remain open even for filing, and the longer the courts require attorneys and immigrants to engage in the work of preparing evidence, the more likely it becomes that the virus will be brought right back to another community.”
Government lawyers are affected, too. Fanny Behar-Ostrow, the president of American Federation of Government Employees Local 511, the union representing ICE lawyers, is getting calls at all hours of the day from members who worry they have been exposed to the virus. “They are panicked, frightened, desperate, upset,” she said.
In addition to the 36,000 adults in ICE detention facilities, there are some 3,500 migrant children in government custody who are affected by the disarray in the courts. In most courts, children must still attend in-person hearings, putting them at exposure risk. In New York City, the current epicenter of the pandemic, lawyers from Kids in Need of Defense (KIND) have not been told whether EOIR will reschedule cases for next week. They are also unclear about whether the minors even need to come to court at a time when state and city officials have issued stay-at-home orders.
“We are receiving phone calls from children who had their safety net shaken,” said Maria Odom, vice president for legal services for KIND, which is a nonprofit organization contracted to represent unaccompanied minors. “For us serving vulnerable children, there are so many moving pieces and at a time when we should be able to look to the government, they are just contributing to the chaos.”
“I hope that it won’t take a death, but I worry that it will,” said Aaron Reichlin-Melnick, an immigration lawyer and policy counsel for the American Immigration Council. His organization is one of the groups behind a lawsuit filed Monday by the National Immigration Project of the National Lawyers Guild.
. . . .
***************
Read the rest of Liz’s article at the link.
Looks like the dead bodies will have to pile up before the Article IIIs and EOIR will take action. As the rest of us know, but to which U.S District Judges & EOIR appear willfully blind, by the time individuals show symptoms and begin dying, it’s too late to stop the spread. The larger community has already been infected.
I wonder what it is that gives both EOIR officials and Article III Judges such great confidence that they and their families will escape the consequences of their irresponsible behavior? Maybe, it’s that both EOIR Senior Execs and Article III Judges manage to studiously avoid “direct exposure” to Immigration Courts. “Below their pay grade,” so to speak.
But, according to folks like Dr. Fauci, who possibly knows even more about infectious diseases than EOIRDirectorMcHenry and the Federal Judges who continue to defer to the irresponsible EOIR “guidance,” nobody will be immune.
So far, the U.S. has done the worst job of any developed country in the world of “flattening the curve.” Inevitably, we eventually will become the “world leader” in coronavirus deaths. After observing the inept response of EOIR and the failure of the U.S. District Courts to promptly intervene on the side of medical knowledge, common sense, and preserving human lives, I can now see why we are failing as a nation to take the extreme measures necessary for self-preservation.
I would think that as lawyers, judges, and other members of the legal community start dying as a result of EOIR’s policies, that the officials responsible eventually will face legal actions brought by surviving family members and colleagues. Life tenure and the judicial doctrine of “absolute immunity” will protect the feckless Federal Judges from legal accountability. But, it won’t protect them and their reputations from moral accountability and the “judgements of history” which are likely to be harsh and as unforgiving as the Trump Immigration Kakistocracy’s treatment of the most vulnerable among us and their brave lawyers.
Due Process Forever! Trump’s Immigration Kakistocracy & Feckless Federal Courts, Never!
White House adviser Jared Kushner broke the irony meter as he — not someone qualified, such as Anthony S. Fauci — took over the daily coronavirus briefing on Thursday to inform us: “What a lot of the voters are seeing now is that when you elect somebody … think about who will be a competent manager during the time of crisis.”
Yes, President Trump’s voters, along with those who elected the similarly ignorant and slothful Republican governors in Florida and Georgia who failed to act promptly to stem the coronavirus, should remember that next time. Better to elect someone like California Gov. Gavin Newsom (D) or Ohio Gov. Mike DeWine (R) rather than someone continually pandering to Trump, resisting readily available scientific advice and attacking the media.
One has the sinking feeling that things are going from bad to worse. Trump and the feds declined to act swiftly, in particular failing to get widespread testing up and running. Now they are failing to remedy the dire medical crisis that their negligence brought on. Kushner said the federal stockpile of medical equipment is for the feds to use, not the states. His father-in-law seems allergic to implementing fully the Defense Production Act, so the bidding war among the states for critical equipment continues.
Republican governors in Florida, Georgia, Mississippi and Alabama declined to issue prompt stay-at-home orders. Now? Trump refuses to issue one nationally despite Fauci’s advice. “I don’t understand why that’s not happening,” he said in a CNN interview. “As you said, the tension between federally mandated vs. states’ rights to do what they want is something I don’t want to get into. But if you look at what is going on in this country, I do not understand why we are not doing that. We really should be.” The answer: We have a total lack of federal leadership and competence.
Congress set up a $350 billion fund for small-business loans. Beginning Friday, many banks promptly announced that they could accept applications in the absence of clear federal guidance. The chaos, confusion and delays surrounding the Small Business Administration loans might make the unemployment insurance process seem like a fine-tuned machine. (Thousands, if not millions, of unemployment claims remain unprocessed due to overwhelming demand.)
The Defense Department is no better. Trump jettisoned a career professional serving as defense secretary (James Mattis) for a meek, subservient aerospace executive. The result is predictable. Politico reports: “Defense Secretary Mark Esper is under fire for the Pentagon’s response to the coronavirus pandemic as lawmakers, national security experts and people throughout the Defense Department’s ranks fault him for a slow and uneven approach to the outbreak.” His most notable action: Supporting the firing of the Navy commander whose letter pleading to allow his sailors to disembark from a floating petri dish, the USS Theodore Roosevelt, was leaked. The military under Trump can forgive war crimes, just not pleas to save men and women in uniform from incompetent superiors.
This is as exasperating as it is frightening. Governors, if you are lucky enough to live in a state with a competent one, can do only so much when, for example, there are no ventilators to be had. The Democratic-led House can only churn out its version of remedial legislation, but it cannot withstand Senate and White House efforts to scuttle anti-fraud, anti-cronyism measures. (“Most big companies that take advantage of the $500 billion corporate bailout in last week’s coronavirus relief bill are unlikely to face restrictions against firing workers or giving bonuses to executives, according to officials familiar with the program.”) And while the House can bird-dog the executive branch as it distributes money, the House cannot do the executive branch’s job for it.
The chaos, confusion and incompetence at the federal level magnify our daily anxiety and uncertainty. We have lost control of our lives, and those supposed to lead us through this ordeal are deepening our national trauma. Years of contempt for expertise, for competent government and for truth itself on the right now haunt us all. God help us.
*****************
Right on, Jennifer!
As if on cue, about the time I was reading Jennifer’s op-ed, the Blathering Boor was on TV demonstrating his “malicious incompetence” by telling American that we should wear face masks, but then immediately contradicting the message by emphasizing that it was voluntary, not required, and he wouldn’t be doing it. Because he has to meet with dictators, kings, queens, emperors, tyrants, princes, fairy godmothers, etc. Even life or death matters become mere sick jokes under the “Clown Kakistocracy,” where ignorance and lies reign.
Here’smy favorite “Theater of the Absurd” quote from Jennifer’s article: “The military under Trump can forgive war crimes, just not pleas to save men and women in uniform from incompetent superiors.”
So much for the mythical “Gang of Generals” who were supposed to save us from Trump’s “malicious incompetence.” Nope. They all “went long to get along” for awhile and then took cover in vain attempts to save what was left of their shredded reputations. Write a “tell nothing” book, give a few disingenuous interviews, hide on the board of directors of a company profiting from child abuse, whatever! Trump corrupts and destroys everything he touches, including our country!
Unlike those guys, I think there is actually gainful employment out there in the real world for someone like Captain Brett Crozier who puts human lives before a maliciously incompetent “chain of command” looking to cover up its malfeasance.
It’s not like our military hasn’t always had a certain penchant for punishing those who “speak truth to incompetent power!” Just ask the ghost of “Milwaukee Hero” Gen. Billy Mitchell who got court-martialed for being smarter, more creative, and more courageous than his superiors. Who would ever have ever believed that air power, not horse drawn caissons, would win the next World War? Duh! Certainly none of his immediate superiors in the Army after WW I!
Due Process Forever! Vote The Kakistocracy Out In November!
Vote Like Your Life Depends On It! Because It Does!
In a country ground to a standstill by the coronavirus pandemic, there is one place normalcy reigns: immigration courts.
Overburdened judges oversee packed proceedings; attorneys shuttle clients and paperwork from room to room, often with interpreters in tow; aspiring legal citizens, or at least residents, follow closely, sitting through hearings famously described as death-penalty cases held in a traffic court.
The courts, along with visa applications, detention hearings and other immigration related bureaucracy, are seemingly the lone part of the federal government still expected to function as if a global pandemic hasn’t upended nearly every facet of American life. But those tasked with keeping the machine running say that they have received little guidance about how to keep the system running in the era of social isolation, and even less protection despite fears that immigration proceedings put some of the most vulnerable people in the country in the impossible position of choosing between their health or their home.
The Trump administration has refused to allow immigration courts and visa hearings to comply with the same social isolation standards followed by nearly every other civil aspect of government, and has not allowed for previously scheduled hearings to be postponed. The administration has also issued little in the way of guidance for judges, immigration attorneys or immigrants, whose hearings—which often take years to schedule—directly conflict with stay-at-home orders across the county.
“The immigration court’s refusal to adopt policies that protect the health of respondents, lawyers, judges and immigration court staff during the current pandemic forces immigrant families and their lawyers to make an impossible decision: endanger public health or risk being deported,” said Nadia Dahab, senior litigation attorney at Innovation Law Lab, one of half a dozen immigrants-rights groups that on Friday filed an emergency order challenging the operation of immigration courts despite the crisis.
“We are in the middle of a global pandemic, but the immigration court system is continuing to operate as if it’s business as usual,” said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice Project. “The government has turned the court system into a public health hazard.”
. . . .
******************
Read the rest of the article at the link.
With very few exceptions, deportations are hardly “essential” during a worldwide pandemic. Indeed, given that even asymptomatic individuals can and have spread the disease, deportation will certainly spread the risk to other countries that likely won’t be able to control it.
There is currently no cure, no vaccine, and no known way of controlling the coronavirus other than staying home. While this well-known information might have gone over the heads of EOIR and Article III Judges, you really wouldn’t need a law degree of even be very smart to figure out that Immigration Courts and the DHS Gulag need to be shut down. Now! No Article III Judge would actually want to trust his or her life to operating under the messed up “guidelines” issued by EOIR! So why is it OK for others?
Statistics show that the longer we wait to keep everyone home, the more individuals who will die! Why is that such a hard concept for EOIR officials and Article III Judges to grasp?
This is a time for “radical prudence” not “criminal recklessness.” The Government should have to demonstrate “clear and convincing” reasons and “best health practices” to go forward with any individual removal case during the pandemic.
Because so many Federal Judges have little understanding of what it means to appear in the Immigration “Courts” (which are not “courts” in any sense of the word) and because they use exceptionallypoor judgement in believing regime bureaucrats who have no credibility on issues of public health or anything else, over experts in the field, individuals will unnecessarily suffer and die.
At some point in the future, there will have to be an accounting for the whole mess that has been allowed to unfold as a result of Trump’s biased and irrational immigration policies. Examination of the unconscionably poor response by the Article III Judiciary must be part of that process. They are a key part of unnecessarily “endangering public health” as described in this article.
The Article III Judges we have now are what we have — they have life tenure. But, going forward we can do better — much better. And, our lives and the future of humanity will depend on it.
Due Process Forever! Better Judges For A Better Future! Constantly Confront Complicit Courts 4 Change!
Close immigration courts now: A coronavirus necessity to protect public health
BySTEPHEN YALE-LOEHR andJACLYN KELLEY-WIDMER
NEW YORK DAILY NEWS |
MAR 31, 2020 | 1:36 PM
In this Nov. 15, 2019, file photo, a detainee talks on the phone in his pod at the Stewart Detention Center in Lumpkin, Ga. While much of daily life has ground to a halt to reduce the spread of the coronavirus, the Trump administration is resisting calls from immigration judges and attorneys to stop in-person hearings and shutter all immigration courts. They say the most pressing hearings can still be done by phone so immigrants aren’t stuck in detention indefinitely.(David Goldman/AP)Imagine you’re an immigration lawyer. You have a case scheduled for trial in immigration court, but you’ve got a cough, a sore throat and shortness of breath. In normal times, you probably would have gone to court for the trial. In current times, you’re worried. We all know what those symptoms mean.
You call your doctor, who tells you that you’re displaying symptoms consistent with COVID-19. The doctor recommends that you self-quarantine.
Your immigrant client is detained by Immigration and Customs Enforcement (ICE) and counting on you to present their asylum case. You’ve been preparing for months. Your client’s ability to avoid being deported to a country where they face torture or death depends on your performance.
Even though most courts around the country are closed in response to the pandemic, your court date is still on. The Justice Department is keeping its detained immigration courts open, ignoring joint letters from the National Association of Immigration Judges, the American Immigration Lawyers Association and the union representing ICE attorneys calling for a shutdown during the pandemic.
As of your trial date, you haven’t been able to meet with your client in person to prepare for at least two weeks. At the time, ICE wouldn’t let you use your regular attorney visit rooms due to disease risk, so you were stuck waiting in line for the one glass-partitioned attorney room at the detention center. You never got to the front of the line for the room, so you were only able to talk to your client through glass and on the telephone.
Then ICE issued a new directive on March 21 requiring all attorneys to bring their own gloves, mask and eye protection for contact visits with clients. Your office doesn’t have any of this gear. Even if you could get protective gear, you wouldn’t take it away from the medical professionals who truly need it.
Despite all of this, you hope the immigration judge will sympathize with your predicament. You file a motion asking for more time to better represent your client after all of this is over. You cite your own illness, your inability to meet with your client to prepare, and local and national public health warnings.
Despite your objections, the immigration judge proceeds with your client’s asylum trial. The judge gives you the choice of abandoning your client to face the fight of his life by himself or proceeding as his attorney via telephone. Reluctantly, you find a folding table to put your file on and try the case from your couch, unable to see or communicate privately with your client. You cannot see anything that is happening in court.
All you know is that the immigration judge, ICE prosecutor and interpreter are there.
. . . .
******************************************
Read the rest of the article at the above link.
And here’s my good friend and former Georgetown Law colleague Leila, now at Tulane Law, with her plea in Slate for some sanity and humanity on unnecessary and demonstrably harmful and dangerous continued incarceration of children in DHS’s “New American Gulag.”
With nearly 3,000 deaths and more than 160,000 infected by COVID-19 in the United States, it’s clear no one will be spared from impacts of the pandemic. In the past week, four children in immigration detention and seven employees of the Office of Refugee Resettlement who work in children’s detention facilities in New Jersey and Texas tested positive for the virus. Doctors working with detained immigrants have warned members of Congress that immigrant detention centers pose a “tinderbox scenario,” where social distancing precautions are impossible.
Two separate lawsuits are asking federal courts to force the release of unaccompanied children as well as families in immigrant detention, citing the grave health risks of contracting the coronavirus and spreading the disease. These risks are particularly serious because of the confluence of factors in family detention centers: crowded quarters, limited cleaning supplies, and the influx of new families into the detention centers. While it is understood children are usually less at risk of serious complications from COVID-19, a handful of children in the U.S. with COVID-19 have died in the past few days, and children may be more likely to more rapidly spread the disease.
Instead of a public health–oriented response to COVID-19 in the immigration legal system, we are seeing political opportunism. The Trump administration is using the virus as an excuse to swiftly deport unaccompanied minors at the border, despite laws that require that children be allowed to have their cases heard first by an immigration judge. Similarly, the Department of Justice is defying public health guidelines by forcing judges, attorneys, and immigrants to appear in select immigration courts across the country, despite positive COVID-19 tests from court personnel and risks inherent to crowded courtrooms, in order to continue deportation proceedings.
This mistreatment of children is not new. Before the outbreak, children were finding themselves in an increasingly punishing immigration legal system—where they had been separated from their parents, detained in record-breaking numbers for longer periods of time, and held in shocking and abusive detention conditions, including “dog cage” holding cells without mattresses, overflowing toilets, and frigid temperatures. Children do not have to be held in these conditions; unaccompanied children can and should be released more expeditiously to live with family in the U.S., and children detained with parents could be released as a family unit to pursue their legal case outside of detention.
Detained children have experienced forced hunger, dehydration, and sleeplessness.Holly Cooper, an attorney representing detained children, stated: “In my 22 years of doing visits with children in detention I have never heard of this level of inhumanity.” One 15-year-old boy, detained at the jail-like Shenandoah Valley facility, wrote “I want us to be treated as human beings.”
As a law professor and immigration attorney for more than a decade, I have seen firsthand how the immigration system mistreats children. In a recent law journal article, I argue adultification bias can help explain the mistreatment of immigrant children, who are largely teenagers of color. Adultification is the phenomenon whereby children of color are perceived as more adultlike and therefore less innocent than white peers. Adultification has created systemic harm for children of color within public systems like education, juvenile justice, and child welfare. In particular, the disproportionate rates of arrests, adjudications, and sentencing for children of color within the juvenile justice system has been studied closely.
Immigration laws were not designed to protect children. In fact, only a few areas of the law consider the special circumstances of children. The Flores settlement sets minimum standards for detaining minors, limited to children under 18. Under Flores, children should be released as soon as possible to family, when feasible. Furthermore, the Office of Refugee Resettlement, not U.S. Immigration and Customs Enforcement, is tasked with the custody of detained unaccompanied minors. According to legislative history, this is because ORR, under the Department of Health and Human Services, has more expertise in child care. Another child-focused measure is the Trafficking Victims Protection Reauthorization Act of 2008, or TVPRA, which expands legal protections for children including in the areas of asylum law and special immigrant juvenile status, a pathway to legal permanent residence and citizenship available for some children. Lastly, the government has issued guidelines for children’s cases to improve immigration court procedures.
. . . .
**************************
Read the rest of Leila’s article at the link.
“Adultifiation,”“Adjudication Bias,”“Dred Scottification,”“dehumanization,” it’s all pretty much the same thing. As human beings, we must ask ourselves every day why have we empowered the cowardly bullies of the Trump regime to commit what are essentially “crimes against humanity” against the most vulnerable among us, their courageous representatives (about the only folks in the country brave enough to stand up for all of our Constitutional and human rights), and even their own employees? Compare their brave performance with the complicity of many Federal Judges, all the way up to the Supremes, and many legislators who stand by and watch these preventable and outrageous human and legal disasters occur, yet do nothing to stop them!
Why do we have the best and brightest legal and public health minds in the country pleading with the regime to take straightforward, common sense, prudent steps that even a minimally competent government would have taken long before now? How have we allowed the kakistocracy and the wanton cruelty and “malicious incompetence” they inflict on almost everything they touch become the “face of America?”
Due Process Forever! Vote Like YOUR Life Depends On It This November; Because It Does!
Hon. Ilyce Shugall U.S. Immigraton Judge (Retired) Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.Knightess of the Round Table
Round Table leader Judge Ilyce Shugall led the charge on both of these efforts!
Here’s the Amicus Brief on court closings we filed in LAS AMERICAS IMMIGRANT ADVOCACY CENTER v. TRUMP in the U.S. District Court for the District of Oregon in Portland:
And here’s the official comment we filed opposing the EOIR’s outrageous proposal to raise feesfor intentionally diminished services — a transparent attempt to limit access to justice for the most vulnerable and to discourage appeals in a system rife with largely available, often life-threatening mistakes and errors!
My “Inbox” here at Courtside has been pulsating with palpable outrage, anger, and unrestrained grief from my Round Table colleagues about the callous disregard by EOIR for the health, safety, and humanity of both the public and its own employees, many of them our friends and former colleagues. What better evidence could there be of the need for an independent Immigration Court, run by competent professionals, committed to due process, best practices, and service to the public than the awful mess happening at EOIR right now?
During this time of true national emergency, the Round Table remains committed to lending our collective voices and group expertise to as many organizations out there courageously fighting on the “front lines” as we can. Together, we represent literally centuries of experience on the immigration benches, the “retail level” of our justice system. We are sharing widely with judges, journalists, public officials, and others our insights into what’s wrong with today’s Immigration Courts and how to restore and enhance due process, the rule of law, common sense, and basic human values to a system that actively scorns and undermines all of the foregoing.
I am honored to be a member of the Round Table and deeply appreciative of the fearless leadership and endless energy of folks like Ilyce, Judge Jeffrey Chase, Judge Sue Roy, Judge Charles Honeyman, Judge Carol King, Judge John Gossart, Judge Lory Rosenberg, and many others for our daily efforts to literally save our nation and our justice system from the disastrous policies, legal ignorance, “malicious incompetence,” and disregard for human lives being inflicted by DOJ, EOIR, and DHS on our nation every day.
Due Process Forever! Malicious Incompetence Never!
Our “Round Table Brief” is mentioned in the article. Unfortunately, in this case it didn’t get the plaintiffs “over the top.”
The Judge seems to have applied the old “good enough for government work” standard to EOIR’s efforts. In other words “show me the dead bodies.” Assuming that the the Surgeon General and other health exports are right, the worst is yet to come. That doesn’t bode well for anyone caught up in the EOIR system. Also seems inconsistent with the “radical mitigation strategy” that government has been preaching.
Hon. A. Ashley Tabaddor President, National Association of Immigration Judges (“NAIJ”)
The National Association of Immigration Judges
Urgently Calls for Immediate Implementation of Required Health and Safety Measures for the Immigration Courts During the Coronavirus Pandemic
March 30, 2020
During this historic and unprecedented pandemic, the immigration courts are in the midst of a crisis created by EOIR. One current immigration judge who is a U.S. military veteran summarized the state of affairs:
I don’t say this lightly, but EOIR has demonstrated that they need to be gutted and rebuilt from the ashes. I’ve never witnessed an utter lack of concern for people like I have here. In my former life, we treated captured Taliban and ISIS with more humanity. Moreover, I’ve never seen worse leadership. A crisis usually brings good and bad to the light. We have nothing but darkness.
–3/26/2020 Communication to NAIJ from Immigration Judge (Name Withheld)
This judge’s remarks aptly capture what we are all experiencing at EOIR in the
face of this pandemic. EOIR’s failure to take prompt, appropriate and sufficient action on court closures has created a dangerous environment placing at risk the health and lives of r judges, court staff, practitioners, detained respondents, and all individuals who interface with the court process as well as the broader community.
In a statement released March 26, 2020, EOIR wrote that it “takes the safety, health, and well-being of its employees very seriously.” We can assure you that judges and court staff would overwhelmingly take issue with this assertion.
In the same statement, EOIR attempts to justify the continued operation of the detained courts by claiming that “EOIR’s current operational status is largely in line with that of most federal courts across the country, which have continued to receive and process filings and to hold
1
critical hearings, while deferring others as appropriate.” EOIR’s status is absolutely not in conformity with courts across the country. A compilation of the federal courts’ responses can be found here. The vast majority of courts around the country, and particularly those in pandemic hot-spots, have closed operations for even criminal trials and almost all other purposes and clearly and decisively extended filing deadlines.
EOIR’s refusal to close detained courts causes a cascade of social interaction that puts all of us at risk. It requires judges and court staff to continue to travel to courthouses and work shoulder-to-shoulder in hearings. Interpreters continue to fly around the country to attend court sessions. Detainees are moved by security officers within detention facilities and are frequently brought in large groups into courtrooms, or wait in large groups outside courtrooms in order to enter courtrooms individually. Immigration attorneys continue to travel to courthouses and wade through security lines even when telephonic appearances are permitted, pressured both by their internal sense of responsibility to zealously advocate for their clients and also by their paying clients. Families of respondents continue to travel to immigration courthouses to see their loved ones and attempt to serve as witnesses in their hearings. Paper is passed back and forth amongst all the parties appearing in court as legal briefs, court orders, reams of paper evidence, and paper court files get passed from hand to hand every day in our largely paper-based immigration courts.
There are currently several dozen dedicated and “hybrid” detained courts that remain open under a “business as usual” mode of operations. Many of these courts are in areas with known high concentrations of coronavirus infections and where there are local and state-wide travel restrictions in place, such as New York, New Jersey, Illinois, Miami, California, and others. From West Coast to East Coast, court after court has had to grapple with incident reports of COVID-19 exposure or positive test results of staff and the public. Examples include the Los Angeles, San Francisco, Aurora (Colorado), Elizabeth (New Jersey), Varick (New York), Krome (South Florida), Seattle, Conroe (Texas), LaSalle (Louisiana), Fishkill (New York), Ulster (New York), Boston, Newark, and San Antonio Immigration Courts. In response, EOIR’s actions have ranged from unacceptable to unconscionable. To date, EOIR has failed to provide information or transparency as to what standard it is using to determine when a court should be “deep cleaned” but remain open, or closed and for how long. Repeatedly, the EOIR has failed to provide timely and complete information to the impacted individuals. Yet, the entire EOIR community across the country was notified when an individual in the same building as the EOIR director tested positive for COVID-19. Not surprisingly, this mode of operation has contributed to both the increased risk of exposure and actual exposure to COVID-19 and the spread of the virus within the community.
2
There is no safe way to run the detained immigration courts during a pandemic because of the amount of social interactions that the courts require. NAIJ is very concerned, however, about the safety of the population of detained respondents during this pandemic because of the close quarters of detention facilities. The solution is to continue to hold bond hearings to the extent possible through telework. Bond hearings are frequently off-the-record and are often done through the oral proffer of evidence. The vast majority of bond decisions made by immigration judges are not complicated factual determinations requiring lengthy evidentiary hearings, and the judges’ decisions are often accepted by the parties. These can readily be accomplished by teleworking judges and court staff, which would dramatically limit person-to-person interactions. The judge, the attorney for DHS, the respondent and his attorney, and an interpreter can easily be connected by telephone. The court can then conduct a full bond hearing, listening to a proffer of evidence presented by all parties. As needed, court files can be sent to teleworking judges as is being done now for teleworking judges in the non-detained courts. Any appeals of bond decisions can follow the current course of action of triggering a written decision upon filing of a notice of appeal.
This solution of bond hearings by telework is every bit as straightforward as it sounds, but EOIR has refused to even discuss this option with NAIJ. In addition to this common-sense approach, NAIJ has several other specific proposals designed to minimize social interactions and maintain a fair proceeding, set out in an attached document.
3
NAIJ Proposals for Running a Safe and Fair Immigration Court System during the COVID-19 Pandemic
All non-detained master calendar and merits hearings, including the Migrant Protection Protocol hearings, set between now and April 30, 2020 should be postponed and all filing deadlines extended by a blanket extension.
Represented respondents are strongly encouraged to submit written pleadings by mail as described in section 4.15(j) of the Immigration Court Practice Manual so that when cases are rescheduled, they can be scheduled directly to individual merits hearings. Whenever possible, any application which is needed should be attached to the pleadings, with evidence that fees have been remitted. No original signatures should be required.
Prioritize detained cases where liberty and due process interests are at stake due to continued custody by instituting telephonic bond hearings. Allow bond hearings for detained respondents to be conducted via moving papers ruled upon by remote court technology by assigned Immigration Judges, based on electronically-transmitted requests and supporting evidence. Where a respondent is detained and unrepresented, the custodian of the facility where s/he is held is responsible for transmitting such requests. Where represented by counsel, the respondent’s attorney shall make such submissions to the email address posted by EOIR for such purpose; if the matter is to be heard in an electronic record of proceedings (ECAS) court and counsel has “opted-in” to ECAS, such submissions shall be made according to ECAS guidelines. If a party requests an evidentiary hearing on a bond redetermination request, that hearing shall be conducted telephonically unless proceeding telephonically would be inconsistent with an order of a federal court.
Individual merit hearings of detained individuals shall be postponed until after April 30, 2020, unless the respondent and/or counsel request that the hearing proceed telephonically at the earliest possible date. To accommodate those requests, the hearings will be conducted by Immigration Judges using Digital Audio Recording (DAR)-enabled laptops. Accordingly, priority should be given to supplying sufficient DAR laptops to the Immigration Judges assigned to handle the detained merits dockets via remote court technology.
Credible fear, reasonable fear, and claimed status review proceedings shall also be conducted telephonically by Immigration Judges using DAR-enabled laptops.
4
In non-detained matters where the parties agree that relief should be granted and background checks are complete, or where there is an agreement that an order of removal or voluntary departure should immediately be issued, a written motion indicating the agreement of the parties to this result should be made and the decision will be made by the assigned Immigration Judge on the papers based on the electronically submitted moving papers.
Requests for continuances and extensions of filing deadlines should be liberally granted, particularly where a stay-at-home or shelter-in-place order is in effect or where counsel, the respondent or a close family member is in a category of people described by the CDC as being at high-risk, such as but not limited to, persons 65 years of age or older, persons with high-risk medical conditions or compromised immune systems, or persons at risk of infecting a close family member or cohabitant who is at risk.
To facilitate the implementation of these proposals,
Records of proceedings must be provided to the Immigration Judges prior to hearings, with sufficient time for the judge to review and prepare for the hearing;
The court should incorporate adjustments to the normal filing requirements. For example, the court can issue an order discouraging late filings, and/or late filings may result in a postponement of the scheduled hearing to enable the opposing party to respond and/or prepare. Filings that are defective for technicalities that can be cured at a subsequent hearing should not be returned but will not be considered as properly filed until the defect is cured or waived by the Immigration Judge.
The court must identify adequate support staff and/or a designate court administrator(s) whom the court and the parties can contact telephonically for the purposes of (i) providing counsel’s updated phone number for an upcoming telephonic appearance, as it may differ from the number provided on the Form E-28; (ii) obtaining clarity on the status of counsel’s emergency motions related to the coronavirus; and (iii) e-filing or filing by facsimile with the court.
We also strongly encourage the Department of Justice to seek legislative authority and/or amend regulations to extend or suspend deadlines that are currently set by statute but where parties are likely to be adversely impacted by the coronavirus pandemic.
5
*******************************************
Sadly, this outrageous news comes as no surprise to many members of our Round Table of Former Immigration Judges. It’s what most of us have been saying for years, to anyone who would listen.
Now, every bit of ugliness that we predicted from EOIR under a maliciously incompetent White Nationalist regime has come to pass. It’s one of those times when being right is of little comfort; I would much rather have had the folks who could have halted this predictable, EOIR-generated disaster act before it was too late.
As one of my esteemed Round Table colleagues said after reading the NAIJ plea for sanity and an intervention: “Amoral, immoral, and evil!!
Amen.
Due Process Forever. Malicious Incompetence Never!
On March 23, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a sua sponte order in a case pending before it, ordering the Petitioner’s immediate release from detention “in light of the rapidly escalating health crisis, which public health authorities predict will especially impact immigration detention centers.” In taking such action, the court used its authority to protect those under its jurisdiction.This is what judges and courts are supposed to do.
In contrast, the leadership of EOIR, the agency which oversees our nation’s immigration courts, sees its mission quite differently. With shocking indifference to those subject to its authority, including its own employees as well as members of the public, EOIR’s present leadership seeks only to please its Department of Justice masters, much like a dog rolling over or playing dead to earn a pat on the head from its owner.
As we all began to comprehend the seriousness of the coronavirus pandemic weeks ago, EOIR refused to close immigration courts out of fear of sending a message contrary to Trump’s statements that the health crisis was a “hoax.” Christopher Santoro, the coward holding the title of Acting Chief Immigration Judge, ordered court staff to remove CDC-issued advisories on ways to help stop the spread (i.e. by not shaking hands) on the grounds that the immigration judges lacked the authority to hang such notices in their own courtrooms. In defense of his stupidity, Santoro offered the age-old excuse of the weak: that he was only following orders.
As the virus spread, and people began dying, EOIR kept its courts open far longer than it should have. An ICE attorney who represented the government throughout a crowded Master Calendar hearing in Newark, NJ on March 13 is presently in a coma in intensive care with COVID-19 fighting for his life. I’ve heard that an immigration judge in one of NYC’s immigration courts is presently ill with COVID-19 and pneumonia.There have been additional reports of others at immigration detention centers testing positive.
As cities locked down and sheltered in place, EOIR finally agreed to postpone non-detained hearings, but only until April 10. Hearings in detained courts continue to go forward.And for some reason, non-detained courts that were closed and should have remained so were reopened for the filing of documents only, with such openings announced by nighttime tweets. On Wednesday night, EOIR tweeted that several courts would “open” the next morning, without explaining whether that meant hearings that had previously been announced as postponed would instead go forward the following morning.As this occurred after business hours, there was no one to call for clarification. In fact, the opening was only to file documents.EOIR’s leadership (for want of a better term) has decided that all court filings due during the court closings are now due on March 30.Many lawyers in NYC have no way to meet this deadline, as their office buildings have been locked in compliance with the state’s shutdown order.
In order to accept these filings, EOIR is forcing court clerical staff to leave the safety of their homes, disobey the state PAUSE directive and expose themselves and their family members to possible infection in order to report to work. In NYC, traveling to work for most employees requires riding trains and buses, further increasing the risk of exposure.As schools are closed, how those court staff with child care needs will manage in a time requiring social isolation is unknown.
Furthermore, not all judges hearing detained cases are granting continuances despite the crisis. EOIR has not informed judges that the present crisis exempts them from meeting their performance metrics, which requires all judges to complete 700 cases per year, and to finish 95 percent of cases on the day of their first-scheduled individual hearing. Newly hired judges, who are on probation for two years, are therefore being forced to choose between their own job security and the health and welfare of all those who appear in their courts.
In recent days, EOIR has been besieged with letters from health care professionals, law professors, and various legal and advocacy organizations containing strong arguments to do what the Ninth Circuit had done instinctively and without having to be asked. In one of these letters, attorney George Terezakis, writing on behalf of the New York-based Association of Deportation Defense Attorneys (on whose Board of Directors I sit), described how the mother of a detained respondent who traveled from her home in Long Island to the court in Lower Manhattan by commuter train and subway to file a document for her son’s hearing was later diagnosed with the coronavirus. Terezakis continued: “Just as someone firing randomly into a crowd of Immigration Judges, court staff, attorneys, interpreters and detainees’ family members will foreseeably and inevitably kill someone…keeping the courts open ensures continued, needless infection, serious illness and death…”The letter continued: “This is a real crisis requiring real leadership to take decisive action that will place the safety of those under its jurisdiction ahead of other concerns. There is no escaping the inevitable consequences of inaction.”
As for Santoro, “I was only following orders” has historically fared poorly as a defense. Someone whose name is preceded by the title “Chief Immigration Judge” is required to stand up and take appropriate action in a time of crisis, and accept the consequences of such action. And for those in EOIR’s leadership chain who refuse to do so, it is incumbent on all of us to do everything in our power to ensure that they will be held fully accountable for their inaction under the next administration.
Copyright 2020 by Jeffrey S. Chase. All rights reserved. Reprinted with permission.
**********************
Jason Dzubow The AsylumistHon. Susan G. Roy Law Office of Susan G. Roy, LLC Princeton Junction, NJ Member, Round Table of Former Immigration Judges
The coronavirus is causing unprecedented disruptions to nearly every area of life, and the Immigration Courts are no exception. The courts were already in a post-apocalyptic era, with over one million cases in the backlog, and now the situation has been thrown into near total chaos. The fundamental problem is that EOIR–the Executive Office for Immigration Review, the office that oversees Immigration Courts and the Board of Immigration Appeals–is determined to continue adjudicating cases, even if that means risking the lives of its own employees; not to mention the lives of respondents, witnesses, and lawyers (and anyone who comes into contact with them).
EOIR is closing and re-opening various courts seemingly at random, often times with an after-hours Tweet, such as one last night at 9:23 PM, declaring that the Newark and Seattle Immigration Courts will reopen today for purposes of accepting filings and litigating detained cases (non-detained cases through April 10, 2020 have been postponed). In reaction to this latest news, Susan G. Roy, an attorney and former Immigration Judge (and my friend from law school – Hi Sue!) wrote last night–
NJ has the second highest number of corona virus cases in the nation, second only to NY. The Newark Immigration Court was closed because someone tested positive for the virus. Now a DHS attorney is fighting for his life in ICU, another attorney is very ill, and an interpreter has tested positive. These are the ones we know about. The Court was set to reopen on April 12. That is a reasonable time to ensure that everyone is safe and that the risk of transmission is limited. How is it even remotely reasonable to decide to open TOMORROW? Even if it is only for filings, court staff and others will be forced to violate the Governor’s Executive Order [directing all residents to stay at home], put themselves at great risk, and risk contaminating others, while many people who work in the same building remain under mandatory quarantine. You are ruthlessly jeopardizing the lives of your own employees, not to mention the public, for no legitimate reason.
And it’s not just advocates who are upset about EOIR’s decision-making. The National Association of Immigration Judges (“NAIJ” – the judges’ union) and ICE attorneys are also reacting with anger. In response to EOIR’s tweet reopening the courts in Seattle and Newark, NAIJ responds, “Putting our lives at risk, one Tweet at a time.” And Fanny Behar-Ostrow, an ICE prosecutor and president of AFGE Local 511, says of EOIR: “It’s like insanity has taken over the agency,“
One of our members recently had a detained master calendar hearing scheduled for this past Friday, March 20, at the Varick St. Court. In order to prepare the bond application and for the master, the attorney and his staff met with the client‘s mother. A request for a bond hearing, together with the required relief applications, and a request for a telephonic hearing, were hand delivered to the Court at noon on Wednesday March 18th, 2020. The attorney did not receive any response to the motion for a telephonic hearing, and repeated calls to the court that day and the next went unanswered. To ensure that the Court was aware of the request, the client‘s mother retrieved from the attorney‘s office, Thursday evening, a letter to the court confirming the request for a telephonic hearing. She traveled to the court in Manhattan, from Long Island, and delivered the letter to the Clerk, and thereafter waited in the waiting area with family members of other detainees and other attorneys who were compelled to appear.
Today we received confirmation the client‘s mother has been diagnosed with COVID–19 virus, through medical testing. Can you imagine the number of people she came into contact with as the result of the decision to keep this court open? In addition to exposing the attorney and office staff, she traveled from her home on Long Island, on the Long Island Railroad, to Penn Station, from there to the subway and ultimately to the Court. Undoubtedly she came into contact with, and exposed, countless numbers of people, who in turn exposed countless others.
Anyone with a basic grasp of the fundamental principles of epidemiology – easily garnered from watching CNN or the local evening news – understands how easily this virus spreads. Given this, the decision to continue to keep the courts open can only be construed as a conscious decision on the part of EOIR to subject our Immigration Judges, court staff, interpreters, DHS attorneys, institutional defenders, members of the private bar, our clients, their families, and all whom they come into contact with, to an unreasonable risk of infection, serious illness and death.
NAIJ echoes this sentiment: “With [New York] the epicenter of the virus, DOJ is failing to protect its employees and the public we serve.”
The appropriate path forward is painfully obvious. EOIR should immediately close all courts for all cases. Staff should work remotely when possible to re-set dates and adjudicate bond decisions (so non-criminal aliens who do not pose a danger to the community can be released from detention). That is the best way to protect everyone involved with the Immigration Court system and the public at large.
Finally, I think it is important to name names. The Director of EOIR is James McHenry. I have never been a fan. Mr. McHenry was profoundly unqualified for his job, having gone from supervising maybe half a dozen people in a prior position to overseeing thousands at EOIR. However, he was politically aligned with the goals of the Trump Administration and he got the job. I have previously described the functioning of the agency during Mr. McHenry’s tenure as maliciousness tempered by incompetence. But these days, it is more like maliciousness exacerbated by incompetence. And in the current crisis, incompetence can be deadly. It’s time for Mr. McHenry and EOIR to do the right thing: Close the courts now.
**************************
Thanks, Jeffrey, Jason, and Sue, my friends, for “telling it like it is!” Now is not the time for “go along to get along” bureaucratic responses.
Unfortunately, attorneys and court staff might now start paying with their lives for EOIR’s inexcusable two-decade failure to implement a functional e-filing system.
As one of my Round Table colleagues said, “Since when is a late night tweet ‘official notice?’” Don’t remember anything about “notice by tweet” in 8 CFR!
As I noted previously, J.R. and his tone-deaf, complicit Supremes effectively repealed the “Bivensdoctrine,” holding Federal officials responsible for “Constitutional torts” committed outside the scope of their official duties. They thereby essentially gave rogue Federal officials a “license to kill,” at least where the victim was merely an unarmed Mexican teenager. It appears that Barr, McHenry, and others in the “chain of command” are trying out their new “licenses.” They had better hope that J.R. & Co’s “willful blindness” andunwillingness to stand up for lives and Constitutional rights extend even when American citizen lawyers and court clerks are among the casualties.
Not surprisingly, EOIR’s contempt for due process and the lives of asylum seekers, families, children, and other migrants has expanded to include the lives of their own employees and members of the public forced to deal with this godawful, unconstitutional mess.
When the reckoning comes, we should not forget the negligent complicity of Congress as well as the Article III Courts for allowing the life-threatening, dysfunctional, unconstitutional mess that EOIR has become continue to operate and to threaten the health, safety, and welfare of all Americans.
“There can be a good rebound on the other side of this,” said Federal Reserve Chairman Jerome Powell.
The coronavirus pandemic is putting unprecedented strain on the U.S. economy, Federal Reserve Chairman Jerome Powell said Thursday in an exclusive interview with Savannah Guthrie on the “TODAY” show, noting, “There can be a good rebound on the other side of this.”
“We may well be in a recession,” Powell said, in a rare live interview. “But I would point to the difference between this and a normal recession. There is not anything fundamentally wrong with our economy. Quite the contrary. We are starting from a very strong position.”
“This is a unique situation,” Powell said, when asked if the economy could withstand a monthlong shutdown. “I think people need to understand this is not a typical downturn. People are being asked to close their business, to stay home from work, and to not engage in certain economic activity, and so they are pulling back. At a certain point, we will get the virus under control and confidence will return.”
The Fed said such extreme action was warranted because “the coronavirus outbreak has harmed communities and disrupted economic activity in many countries, including the United States.”
By making borrowing as cheap as possible, the central bank hopes to give companies and individuals ready access to nearly interest-free cash to invest and spend.
Download the NBC News app for full coverage and alerts about the coronavirus outbreak
“We’re trying to make a bridge from a very strong economy to another place of economic strength,” Powell said Thursday, by stepping in and replacing lending to small- and medium-sized businesses and other “places where credit is not being offered.”
The Senate approved the 880-page bill in a unanimous 96-0 vote. The measure would provide billions of dollars in credit for struggling industries, a significant boost to unemployment insurance and direct cash payments to Americans.
With regard to President Donald Trump’s hope to reopen the economy by Easter, Powell said, “We are not experts in pandemics over here. We don’t get to make that decision. We would tend to listen to the experts. Dr. [Anthony] Fauci said something like, ‘The virus is going to set the timetable,’ and that sounds right to me.”
“The sooner we get the virus under control, people will very willingly open back up their businesses and get back to work,” Powell said.
*************************
If we can just “tune out” Trump and his negative leadership, follow the lead of our health professionals, Governors, and Mayors, and all pull together, putting human lives first, we can get through to better days. Until then, unfortunately, things are likely to get worse as America runs short of basic medical supplies, personnel, and hospital space.
Economies can and will be rebuilt. The dead can’t be brought back to life. Every life we re able to save now is valuable and will pay a dividend, whether economic, emotional, or spiritual, on the other side of the crisis. Already, we’re seeing both young and old come together to help, as medical students and retired health professionals volunteer to step into the breach.
I found Jerome Powell’s interview with Savannah Guthrie of NBC’s Today Show one of the best and most reassuring, from an economic standpoint, interview with a Federal official recently. You can watch it in its entirety at the above link.
Willie Nelson Country Music “Hall of Famer” & American Icon
“Vote ‘Em Out”
By Willie Nelson
If you don’t like who’s in there, vote ’em out
That’s what Election Day is all about
The biggest gun we’ve got
Is called “the ballot box”
So if you don’t like who’s in there, vote ’em out
Vote ’em out (vote ’em out)
Vote ’em out (vote ’em out)
And when they’re gone we’ll sing and dance and shout
Bring some new ones in
And we’ll start that show again
And if you don’t like who’s in there, vote ’em out
If it’s a bunch of clowns you voted in
Election Day is comin’ ’round again
If you don’t like it now
If it’s more than you’ll allow
If you don’t like who’s in there, vote ’em out
Conservatives gutted the social safety net. Now, in a crisis, they’re embracing it.
By Tracy Jan
March 25 at 10:00 AM ET
Throughout his term, President Trump has chipped away at the social safety net, proposing budgets that gutted housing assistance, food stamps and health insurance for the poorest Americans. When Congress rejected those cuts, the Trump administration enacted rules to make it harder to access federal benefits, such as requiring recipients to work.
Now, with businesses shuttered, workers laid off, and scores more worrying about buying groceries, being evicted and getting sick, the swelling need for federal assistance has forced even conservative lawmakers to embrace government protections in a series of sweeping stimulus bills.
Under the $2 trillion stimulus deal reached in the Senate early Wednesday, Republicans are proposing sending direct cash payments of $1,200 to individual Americans, an idea that, on the surface, echoes former Democratic presidential candidate Andrew Yang’s universal basic income platform. They want to bolster the unemployment insurance system after many GOP-led states spent years enacting restrictive criteria and reducing benefits.
“Anybody who is a moderate-wage worker who just experienced an economic lockdown in their state is in distress. Most people don’t have savings,” said Robert Rector, a research fellow at the Heritage Foundation, a conservative think tank that guides much of the Trump administration’s policymaking.
[Facing eviction as millions shelter in place]
Rector, an architect of the 1996 federal welfare overhaul that instituted work requirements under President Bill Clinton, generally opposes safety net measures that do not promote work and marriage. But he would like to see more-generous benefits for individuals and cities in crisis in response to the coronavirus — for a finite period of time.
“Quite frankly, I’m willing to spend more money right now,” he said. “It’s a very different thing in an emergency.”
[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]
The $100-billion-plus Families First coronavirus response package Trump signed last week dramatically expands paid sick leave and family medical leave for tens of millions of workers, provisions aimed at blunting the economic impact of the pandemic.
The United States lags behind other developed countries when it comes to providing universal health care as well as paid leave for sick workers and those who have to care for family members.
“Here we had this ‘strong economy’ and all of a sudden the bubble has burst, and policymakers are scrambling to put into place basic protections other societies have,” said Rebecca Vallas, a senior fellow at the left-leaning Center for American Progress.
[As layoffs skyrocket, the holes in America’s safety net are becoming apparent]
*********************
Read Tracy’s full article at the link.
We recently went through a period of sustained economic growth and high employment that started under Obama and continued under Trump, until now. A wise nation might have used increased tax revenues to shore up the safety net, repair infrastructure, reduce spending on futile wars and defense overruns, invest for the future, and/or reduce deficit. Instead, the GOP frittered away the opportunity by mindless Government shutdowns and unnecessary tax cuts that lined the pockets of the already well-off while doing little to help the long term situation of the average American family. Indeed companies were encouraged to cut benefits to workers to pay out more to shareholders and to their executives, without much regard to the competence or value to the company of the latter.
Now, the embarrassing inadequacies and gaps of our safety net are being exposed every day. Even the GOP has turned, albeit somewhat reluctantly, to throwing several trillion into the breach, as long as it all doesn’t all go to those who need it most. Natural disasters have become the “new normal.” But, under Trump and his kakistocracy, America has consistently been underprepared to meet them.
That the hardest hit Americans get a substantial chunk of this emergency funding is a tribute to Pelosi, Schumer, and the Dems. Left to their own devices, Trump, Mitch, and the GOP would have basically mailed a modest check (or checks) to most Americans (other than the poorest) and funneled the rest into the pockets of their businesses buddies and state cronies with little oversight or accountability. Can you imagine the Grifter-in-Chief and his toadies being allowed to divvy up the loot, in secret, no less?
This emergency is unusual in nature. But, emergencies come and emergencies go. Presidents come and they (thankfully) go. What doesn’t go away is the need for a strong well-developed safety net that covers basic health care, unemployment, income assistance, and retirement benefits for all Americans, not just the wealthy. History has shown that’s not likely to happen as long as the GOP grifters remain in power.
We have a chance to save America and put ourselves on a better course for the future. Vote Trump and his GOP out in November. Your future and that of future generations will depend on it.
President Donald Trump’s insistence on downplaying the coronavirus risks reached dangerous levels Monday as he scoffed at medical advice and threatened to open up the economy despite skyrocketing case numbers.
At the White House’s daily coronavirus briefing, the president focused on wanting to reopen businesses very soon despite global guidance to essentially shut down societies and encourage people to stay home.
“It’s bad, and obviously the numbers are going to increase with time, and they’re going to start to decrease, and we’re going to be opening our country up for business because our country was meant to be open,” Trump said, despite the rising COVID-19 death toll.
The U.S. saw confirmed cases rise to more than 41,000 on Monday, with nearly 600 deaths, according to the Johns Hopkins medical school’s coronavirus resource center. World Health Organization Director Tedros Adhanom Ghebreyesus said Monday that the pandemic is actually accelerating ― stressing that it took 67 days from the first reported case to reach the first 100,000 cases, 11 days for the second 100,000 cases and just four days for the third 100,000 cases.
. . . .
**************
Yeah, that corrupt GOP vote to acquit could turn out to seal the fate of millions of Americans. With no plan, no brains, and no coherent strategy, you just have to hope you and those you love won’t be among Trump’s victims.
The markets should love chaos and death. But the problem is in Italy other places, they can’t even have funerals. So even “death stocks” might not be a good investment.
Wow! Talk about “malicious incompetence.”Trump is certainly leading the charge!
Donald Trump and the Republican Party are trying to distract you from their catastrophic failure.
Two months ago, as the world knows, Trump was praising China’s government for its handling of the coronavirus outbreak, while downplaying the severity of the threat to the United States. “We have it totally under control,” he said in an interview to CNBC on Jan. 22. “It’s one person coming in from China and we have it under control. It’s going to be just fine.” For good measure, he said it again on Twitter: “China has been working very hard to contain the Coronavirus. The United States greatly appreciates their efforts and transparency. It will all work out well. In particular, on behalf of the American People, I want to thank President Xi!”
Now, of course, Trump simultaneously denies that anyone could have known about the pandemic (“I would view it as something that just surprised the whole world”) and claims to have predicted the extent of the disaster (“This is a pandemic. I felt it was a pandemic long before it was called a pandemic”). Similarly, he’s moved from praising President Xi Jinping’s government to attacking it. He’s also changed the language he uses to describe the pathogen that causes Covid-19. After weeks of saying “coronavirus,” he now calls it the “Chinese virus.”
The administration says it’s simply holding Beijing responsible for spreading the disease. And it is true that the Chinese government suppressed information and punished whistle-blowers, hiding the potential danger until it was too late. But given the president’s previous praise for China’s response, that explanation doesn’t hold up.
The likely truth is that Trump is flailing. His change in language came shortly after the stock market collapsed and the president faced harsh criticism for his sluggish response to the outbreak. Rather than face his failures — the United States is far behind its peers in testing, and its hospitals are largely unprepared for a surge of the severely ill — Trump turned to racial demagoguery. He would bounce back not by fixing his mistakes but by fanning fear of foreign threat.
JAMELLE BOUIE’S NEWSLETTERDiscover overlooked writing from around the internet, and get exclusive thoughts, photos and reading recommendations from Jamelle. Sign up here.
Following the president’s lead, Republican lawmakers, activists and officials have adopted the president’s language about the virus while avoiding any discussion of his response to the outbreak. Senator John Cornyn of Texas told reporters that “China is to blame because” of “the culture where people eat bats and snakes and dogs and things like that.” Kevin McCarthy, the minority leader of the House, called the disease “Chinese coronavirus.” And on Twitter, Senator Chuck Grassley of Iowa wondered what all the commotion was about: “I don’t understand why China gets upset bc we refer to the virus that originated there the ‘Chinese virus’ Spain never got upset when we referred to the Spanish flu in 1918&1919,” he wrote, in his typically hurried style.
None of this is the least bit clever. Trump failed to act when it was most important, and now his allies are flooding the zone with rhetoric meant to move attention away from the president’s poor performance and toward an argument over language.
One might think that Republicans have an interest in pushing the administration into a stronger response, but the truth is that Trump wasn’t the only member of his party to downplay the threat who knew better.
In January, just over two weeks after she was sworn in, Senator Kelly Loeffler of Georgia was part of a private briefing on the coronavirus provided by administration officials, including Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases. That same day, according to The Daily Beast, she and her husband began to sell millions in stock, a process that continued over the next few weeks. They also made a purchase: between $100,000 and $250,000 worth of shares in a company that specializes in technology that helps people work remotely.
. . . .
*******************
You can read Jamelle’s complete article at the link. In addition to Loeffler, whose sole contribution in her short time in Congress appears to be misleading the public while lining her own pockets, Senator Richard Burr (R-NC) has also been implicated for using the “insider information” from the Intelligence Committee to “play” the market while America slipped into a crisis for which the Trump regime was woefully unprepared.
Both Senators deny any wrongdoing. But, it’s very clear that at a time of national crisis, their minds and actions were far from acting in the public interest.
So, we should “pull together” to get through this. But, we should never forget the existential importance of securing “regime change” and voting the GOP out of office at every level of Government come November. The future of our country and of humanity will depend on it!
By César Cuauhtémoc García Hernández and Carlos Moctezuma García in The NY Times:
Inside an immigration court in southern Texas this week, a judge asked one of us to stand at the far end of the courtroom and not submit any documents on behalf of a client, perhaps as a health precaution. Inside a nearby federal court, dozens of migrants were being processed for violating federal immigration law. The coronavirus has paused most of our lives. But for migrants, life under a pandemic looks a lot like life before it: suffering because President Trump has an insatiable appetite for imprisoning migrants.
It’s time to shut down immigration prisons.
Across the country, the federal government locks up tens of thousands of people every day who are suspected of violating immigration law. The Border Patrol crams people into holding cells that resemble large kennels. Immigration and Customs Enforcement runs a network of hundreds of prisons — from a county jail north of Boston to an 1,100-bed facility tucked in a southern Texas wildlife refuge. While it’s good that ICE will stop some immigration enforcement, it should release the detainees in its custody. Another government agency, the Marshals Service, holds thousands more who are being prosecuted for violating criminal immigration law.
No matter which agency is in charge, there are only two reasons recognized under U.S. law to confine these people: flight risk or dangerousness. But in this moment, the risks to life and public health that come with imprisoning migrants far outweigh either reason.
Image
A protest against migrant detention centers in Los Angeles last year.
Credit…
Ronen Tivony/SOPA Images — LightRocket, via Getty Images
Decades of research teaches us that crime goes down as the migrant population goes up. On top of that, pilot projects going back decades show that with the right support, migrants almost always do as they are asked. Inside immigration prisons, there are children too young even to tie their shoelaces. Families of asylum seekers hold on to the hope that in the United States, they might find refuge. There are longtime permanent residents with families, careers and homes here. Few have any history of violence. Most have powerful incentives to build lives just as ordinary as the rest of ours.
More than 3,000 medical professionals are calling on Immigration and Customs Enforcement (ICE) to release detainees amid the coronavirus pandemic.
In an open letter, the clinicians said the conditions inside detention facilities make it easy for the virus to spread and difficult for those in custody to seek medical attention.
“We strongly recommend that ICE implement community-based alternatives to detention to alleviate the mass overcrowding in detention facilities,” they said. “Individuals and families, particularly the most vulnerable—the elderly, pregnant women, people with serious mental illness, and those at higher risk of complications— should be released while their legal cases are being processed to avoid preventable deaths and mitigate the harm from a COVID-19 outbreak.”
The letter points to the spread of disease public health officials have seen in places like nursing homes, such as Life Care Center in Kirkland, Wash., where more than half of residents have tested positive for the virus and more than 20 percent have died in the past month.
“Considering the extreme risk presented by these conditions in light of the global COVID-19 epidemic, it is impossible to ensure that detainees will be in a ‘safe, secure and humane environment,’ as ICE’s own National Detention Standards state,” the letter added.
Since the start of the outbreak, some have raised concerns about immigration policies.
In February, Rep. Norma Torres (D-Calif.) wrote a letter to the administration’s coronavirus task force and later led a group of Democrats asking them to stop the implementation of the “public charge” rule amid the spread of COVID-19.
On Monday the American Civil Liberties Union (ACLU) filed a lawsuit against ICE, calling them to release migrants in civil detention at the Tacoma Northwest Detention Center who are at high risk for serious illness or death if a COVID-19 outbreak spreads to the facility.
. . . .
*******************
Read both of the foregoing articles in their entirety at the respective links.
OK, here’s my prediction:DHS will hold migrants until coronavirus breaks out “big time” in the Gulag and folks start getting sick and dying. At that point, DHS will dump them on the streets to fend for themselves. DHS will disclaim any responsibility, blaming the deaths and public health risks on the victims, their attorneys, judges, asylum laws, “sanctuary cities,” Democrats, and countries that decline to accept deportees.
Politically biased, anti-asylum decision making by “judges” who work for the regime actually kills!
And, we should never forget that the Gulag, the BIA, and many other aspects of this politically biased, irrational, unconstitutional system that threatens human lives and debases humanity only continue to operate because of the fecklessness of Congress and the complicity of Article III Courts.
Due Process Forever! The New American Gulag Never!
PWS
03-19-20
UPDATE: FROM IMMPROF: U.S. Court in Seattle stuffs ACLU’s bid to spring vulnerable migrants from Gulag!
Let’s see. We know conditions are bad in DHS facilities, and 3,000 health professionals say that the Gulag is a “coronavirus trap” waiting to happen. Many localities are releasing nonviolent criminals as a prudent measure to prevent the spread of disease.
But, the judge thinks it’s a great idea to wait and see if the disaster happens and the bodies stack up. By then, of course, it will be too late to stop the spread. But, I guess the judge is very confident that ICE practices “social distancing” and carefully wipes everything down in their Gulags. What could possibly go wrong?
As an incidental point, how would you like to be on the staff of one these high-risk prisons?
Gotta hope the judge is right for everyone’s sake. But, I greatly fear he’s wrong. Dead wrong!
PWS
03-20-20
UPDATE:
From: Matt Adams, Northwest Immigrant Rights Project [mailto:matt@nwirp.org] Sent: Thursday, March 19, 2020 5:10 PM To: Dan Kowalski Subject: NWIRP and ACLU Statement on Court Refusal to Release People at High-Risk of COVID-19
FOR IMMEDIATE RELEASE
NWIRP and ACLU Statement on Court Refusal to Release People at High-Risk of COVID-19
SEATTLE, WA — A federal district court ruled today that it will not immediately release immigrants detained at the Tacoma Northwest Detention Center in Tacoma, Washington, as requested in a lawsuit filed Monday against U.S. Immigration and Customs Enforcement. The suit — filed by Northwest Immigrant Rights Project (NWIRP), the American Civil Liberties Union, and the ACLU of Washington — sought the release of people in civil detention who are at high risk for serious illness or death in the event of COVID-19 infection due to their age and / or underlying medical conditions. The court indicated that it would continue to consider the case, particularly as the situation related to COVID-19 rapidly evolves.
Public health experts have repeatedly warned that release of vulnerable people from custody is critical in light of the lack of a vaccine, treatment, or cure for COVID-19 — both for the health and safety of people in detention, as well as for the staff who work at these facilities and the communities they return home to every day. As the healthcare system in the Seattle-area is increasingly overwhelmed with COVID-19 cases, this step is urgent to reducing the toll on its infrastructure.
Matt Adams, legal director for NWIRP, issued the following statement:
“We strongly disagree with ICE’s assertion that the harm is not imminent simply because ICE has not yet publicly confirmed any cases of COVID 19 at the NWDC,” said Matt Adams. “We will continue pushing forward to challenge the detention of our vulnerable clients during this pandemic. I just hope our clients do not succumb to severe illness or death before we can procure their release.”
Eunice Cho, senior staff attorney at the ACLU’s National Prison Project, issued the following statement:
“We will continue to fight for our clients, who face tremendous danger to their health while in detention. Public health officials are in agreement — it is not a matter of if there is a COVID-19 outbreak in immigrant detention centers, but when. ICE should heed their warning. By refusing to immediately release our clients, ICE is jeopardizing their lives and the lives of its staff and their families.”
Northwest Immigrant Rights Project (NWIRP) is a nationally-recognized legal services organization founded in 1984. Each year, NWIRP provides direct legal assistance in immigration matters to over 10,000 low-income people from over 130 countries, speaking over 60 languages and dialects. NWIRP also strives to achieve systemic change to policies and practices affecting immigrants through impact litigation, public policy work, and community education. Visit their website at www.nwirp.org and follow them on Twitter @nwirp.
“I’m not denying what a nasty disease COVID-19 can be, and how it’s obviously devastating to somewhere between 1 and 3.4 percent of the population,” Johnson, a Wisconsin Republican, told the Milwaukee Journal Sentinel on Tuesday. “But that means 97 to 99 percent will get through this and develop immunities and will be able to move beyond this.”
“But we don’t shut down our economy because tens of thousands of people die on the highways. It’s a risk we accept so we can move about,” Johnson continued, in apparent reference to recent guidance issued at the federal and state levels for people to avoid large groups and stay away from bars, restaurants and other businesses to help blunt the spread of coronavirus. “We don’t shut down our economies because tens of thousands of people die from the common flu.”
The recommendations — which come as the coronavirus continues to take hold in the US with at least 8,525 cases and 145 deaths as of Wednesday night — has caused some states and cities to implement drastic regulations on businesses. But the death toll from the virus, the nation’s top infectious disease expert has warned, depends on how seriously Americans commit to the actions necessary to curb the outbreak.
Johnson said that he was not discrediting those restrictions, but said they were disproportionate to the virus’ actual threat.
“I really don’t want to say that” efforts to contain the virus have gone too far, Johnson said. “It may be exactly what we need to do. But again, what I do want to do is put this all in perspective as we move forward here.”
. . . .
****************************
Read the rest of Caroline’s article at the above link.
Hey Ron, 1% of the U.S. population would only be 3.3 million. 3.4% would be around 11.2 million. But, who cares about little stats like that?
And, Ronnie, my man, here’s what experts say could happen in the U.S. if others do as you suggest and put short-term economic considerations over public health:
Between 160 million and 214 million people in the United States could be infected over the course of the epidemic, according to a projection that encompasses the range of the four scenarios. That could last months or even over a year, with infections concentrated in shorter periods, staggered across time in different communities, experts said. As many as 200,000 to 1.7 million people could die.
And, the calculations based on the C.D.C.’s scenarios suggested, 2.4 million to 21 million people in the United States could require hospitalization, potentially crushing the nation’s medical system, which has only about 925,000 staffed hospital beds. Fewer than a tenth of those are for people who are critically ill.
The assumptions fueling those scenarios are mitigated by the fact that cities, states, businesses and individuals are beginning to take steps to slow transmission, even if some are acting less aggressively than others. The C.D.C.-led effort is developing more sophisticated models showing how interventions might decrease the worst-case numbers, though their projections have not been made public.
200,000 to 2.1 million dead! While those might be “little numbers“ to you, Ronnie, I’m guessing they will seem rather serious to the families of those who needlessly die! Could cause quite a stench if all of those bodies were piled up at your door! Perhaps taking an “economic hit” that is more or less inevitable in the time of worldwide pandemic anyway is better than running the risk of killing hundreds of thousands to millions, something that appears to have gone over Ronnie’s head.
Scary as the image might be, Johnson actually would be more at home with the young idiots partying down on Clearwater Beach. The thought of him as a legislator is positively terrifying.
Unfortunately, Wisconsin voters won’t be able to oust this fool they have inflicted on America until 2022. But, the rest of us could be saving our country and our lives if we get rid of Mitch and the GOP wrecking crew in November! That would consign Ron and others like him to the “back benches” where they could do less damage to our nation until the time comes when they can be voted out of office.
“Four Clowns” for you, Ronnie!🤡🤡🤡🤡
Vote ‘Em Out!
PWS
03-19-20
PW
******************
UPDATE FROM THE GUARDIAN: FAUCI RIPS JOHNSON FOR DANGEROUS STUPIDITY:
Dr Anthony Fauci criticized senator Ron Johnson for downplaying the threat of coronavirus and questioning the drastic government response to it.
“I’m not denying what a nasty disease COVID-19 can be, and how it’s obviously devastating to somewhere between 1 and 3.4 percent of the population,” Johnson saidearlier this week.
“But that means 97 to 99 percent will get through this and develop immunities and will be able to move beyond this. But we don’t shut down our economy because tens of thousands of people die on the highways.
Fauci said it was a “false equivalency to compare traffic accidents” to coronavirus and emphasized a drastic response was necessary when a new and dangerously contagious virus was uncovered.
As the United States responds to the coronavirus pandemic, the Trump administration has made sweeping changes to the country’s immigration apparatus, altering daily operations and disrupting the lives of thousands.
In a little over a week, there have been a dozen changes, ranging from postponing immigration hearings to pausing deportation flights to certain countries and suspending refugee admissions. The tweaks to the system are being made incrementally, though rapidly, as the pandemic spreads across the country.
Against the backdrop of the coronavirus outbreak, the Trump administration is also trying to move forward with some of its most restrictionist policies that have struggled to be put into practice, including blocking entry to asylum seekers.
President Donald Trump confirmed he’s planning to bar entry to migrants during a White House briefing Wednesday. “The answer’s yes,” Trump said when asked if he was planning to take that step, which he said would come “very soon,” adding, “Probably today.”
Below is a list of the changes to the immigration system over recent days:
. . . .
*********************
Read the complete article with Priscilla’s list at the link.
What if our “immigration bureaucracy” provided information in such a clear and timely manner as Priscilla? Thanks, Priscilla for your constant excellent reporting and for all you do for our society. Truly, one of many “heroes” out there!
Anger builds over virus dangers in immigration courts
After protests, Trump administration makes late-night move to scale back deportation hearings
Prior to the curtailment announced Tuesday night, a spokeswoman for the DOJ unit said: “EOIR continues to evaluate the information available from public health officials to inform the decisions regarding the operational status of each immigration court. “
However, individual scheduled hearings were not covered by the Sunday announcement nor were those for those in detention. “All other hearings proceeding,” the twitter message that night said.
One immigration judge dismissed the limitation announced Sunday as a “drop in the bucket.”
Immigration court participants complained that they were being notified by late-night Twitter posts rather than a more detailed public announcement of how the risks and benefits were being weighed.
“The immigration courts need to close. Period,” said Jeremy McKinney of the American Immigration Lawyers Association. “Most of these hearings can wait in order to put the safety of the public first….Close the courts for a few weeks until screening and proper testing can be done.”
Closing the immigration courts altogether would create thorny issues, particularly for immigrants who are being held in custody. Such a move would likely trigger legal challenges on due process grounds.
However, immigration lawyers said there are workarounds for many of the issues, including handling bond hearings via written filings and conducting hearings by video or teleconference. Video conferencing is already used to beam detainees into hearings in many courts.
Morning Shift
Get the latest on employment and immigration, every weekday morning — in your inbox.
Still, some of the steps being promoted by lawyers for immigrants could be viewed as undermining aspects of the Trump administration’s aggressive enforcement policies.
Immigrant advocates are urging the administration to “parole” into the U.S. asylum applicants sent back to Mexico under the remain-in-Mexico policy. That would be similar to the prior policy that administration officials derided as “catch and release.”
Several court participants said they found it ironic that immigration courts were largely shuttered during a government shutdown last year when their personnel were deemed non-essential, but the same personnel were told this week they are essential and must report to work despite officials at all levels of government urging Americans to remain home if at all possible.
“What is outrageous is that our non-detained courts were shut down for the government furlough, for political reasons,” said Dana Leigh Marks, a San Francisco immigration judge and former president of the judges’ union. “Yet, here we have a health emergency and no action.”
************************************
Gee, it’s not like there aren’t thousands and thousands of us out here who have been pointing out for years the outrageous unconstitutionality and threat to our country presented by these “captive courts” under the Trump regime! It’s also not that they haven’t already killed folks: certainly their politicized misapplication of asylum and other protection laws have done just that! But, do we really have to have them mindlessly spreading an epidemic to have folks take notice!
We need regime change in November! We also need a re-examination of the composition of our Article III Judiciary, specifically on the Supremes and Courts of Appeals, to determine why so few Federal Appellate Judges have had the guts and integrity to stand up for the Constitution, the rule of law, and human decency in the time of crisis and in the face of patent Executive incompetence and tyranny. The “institutional failures” go well beyond the continuing farce in the Immigration Courts and the inexcusable failure of the regime to be better prepared for crisis.
