MICA ROSENBERG, READE LEVINSON, & RYAN McNEILL EXPOSE UNEQUAL JUSTICE & ABUSE OF VULNERABLE ASYLUM SEEKERS FROM “COURT” SYSTEM LACKING BASIC JUDICIAL INDEPENDENCE! Sessions’s Chilling Response: Speed Things Up, Establish Deportation Quotas, Strip Asylum Seekers Of Rights To Due Process, Eliminate Professional Judicial Training, & Aimlessly Throw More Inexperienced, Untrained Judges Into This Mess! – Will He Get Away With His Atrocious Plan To Make Immigration Courts The “Killing Floor?” — AN IN-DEPTH LOOK AT THE TRAVESTY OF JUSTICE UNFOLDING IN U.S. IMMIGRATION COURT ON A DAILY BASIS!

https://www.reuters.com/investigates/special-report/usa-immigration-asylum/

Mica Rosenberg, Read Levinson, & Ryan McNeill report:

“They fled danger at home to make a high-stakes bet on U.S. immigration courts

Threatened by gangs in Honduras, two women sought asylum in the United States. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where.

Filed

OAKLAND, California – The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States.

They were elected in 2013 to the board of the parent-teacher association at their children’s school in the Honduran capital, Tegucigalpa. They hoped that mothers working together could oust the violent gangs that plagued the campus.

Instead, they became targets. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didn’t meet the thugs’ demands.

Unaware of each other’s plight, both fled with their children, making the dangerous trek across Mexico. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. There, they applied for asylum.

That’s when their fates diverged.

Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. At the end of her asylum hearing in September 2016, she received a one-page form, with an “X” in the box next to “granted.” She was free to settle into life with her family in the United States.

The other woman, Ana, joined her daughter’s father in the southeastern United States, and her case was assigned to an immigration court in Charlotte, North Carolina. The judge denied her petition and ordered her deported. She is now awaiting a court date after new lawyers got her case reopened.

Ana declined to be interviewed for this article. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her.

The women’s lawyers framed their respective cases with some important differences. However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened.

Taken together, the two cases – nearly indistinguishable in their outlines but with opposite outcomes – illustrate a troubling fact: An immigrant’s chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard.

Judge Stuart Couch, who heard Ana’s case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. Judge Dalin Holyoak, who heard Gutierrez’s case in San Francisco, orders deportation in 43 percent of cases.

In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation.

Couch and Holyoak and their courts are not rare outliers, the analysis found. Variations among judges and courts are broad.

Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. In Atlanta, 89 percent of cases result in a deportation order. In New York City, 24 percent do.

The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily.

The analysis excluded immigrants who were in detention when their cases were heard because such cases are handled differently. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor.

About half the cases in the analysis were filed by asylum seekers like the two Honduran women. The rest were requests for cancellation of deportation orders or other adjustments to immigration status.

“GROSS DISPARITIES”

Of course, other factors influence outcomes in immigration court.  For example, U.S. government policy is more lenient toward people from some countries, less so for others.

Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found.

Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte.

The Reuters analysis also found that an immigration judge’s particular characteristics and situation can affect outcomes. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors.  The longer a judge has been serving, the more likely that judge is to grant asylum.

“These are life or death matters. … Whether you win or whether you lose shouldn’t depend on the roll of the dice of which judge gets your case.”

Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco

The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane.

“It is clearly troubling when you have these kinds of gross disparities,” said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. “These are life or death matters. … Whether you win or whether you lose shouldn’t depend on the roll of the dice of which judge gets your case.”

EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data.

Devin O’Malley, a Department of Justice spokesman, challenged the Reuters analysis, citing “numerous conflicting statements, miscalculations, and other data errors,” but declined to elaborate further.

Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases.

Dana Marks, president of the National Association of Immigration Judges, said each case is like “a 1,000 piece puzzle.” While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes.

The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the system’s burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December.

The administration of President Donald Trump is continuing the effort. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400.

Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies.)

In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that “lax legal standards” had led to the immigration court backlog and that “misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum.” Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 “dreamers” – children brought to the country illegally by their parents – the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while “establishing performance metrics for Immigration Judges.”

Video: High-stakes game of chance in U.S. immigration courts

CRISIS AT THE BORDER

In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico – a refugee crisis that has contributed to the bloated backlog of asylum petitions. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a “credible fear” of returning home, the first step in filing an asylum claim.

Having come from a country with one of the highest murder rates in the world may have helped establish “credible fear.” But the two women were already at a disadvantage – precisely because they came from Honduras.

Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijing’s coercive birth-control policies.

Hondurans enjoy no special considerations. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found.

The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their children’s school in spring 2013.

Two rival gangs – the Barrio 18 and the Mara Salvatrucha, also known as MS-13 – were operating brazenly in the neighborhood. The year before, according to police records in Honduras, gang members killed a school security guard. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them.

The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire.

“Before, no one wanted to say anything about the gangs,” Gutierrez said. “We were the brave ones. The previous president was a man, so we thought, ‘We are women, they won’t do anything to us.’ ”

The school’s principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. They had early success, he said, when they persuaded police to provide officers to guard the school. But the patrols left after a few weeks, probably intimidated by the gangs.

One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. Now they had come to deliver a message to Gutierrez.

“They said they knew I was involved in the parents’ association,” Gutierrez said. “They said they would kill me and my children.

“I began to panic and shake,” she said. “I thought, ‘I have to go now. I am not going to risk my child’s life.’ ”

She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. They drove all night to her friend’s mother’s house in another town.

“NO POLICE HERE”

Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the child’s head. The third pointed a gun at Ana’s head. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living.

Ana testified in her asylum hearing that she knew they were gang members “because they were dressed in baggy clothing and they also had ugly tattoos … all over their bodies and faces.”

Ana and her daughter ran home and then, fearing the gang would come after them, fled out the back door. “We had to jump over a wall, and I hurt my foot doing so,” she said in an affidavit. “I was desperate and knew that I had to leave – my daughter’s life and mine were in danger.”

The school principal said he understands why Gutierrez and Ana left Honduras. “Because there were no police here, (the gangs) did what they wanted,” he said. “They said, ‘We’re going to kill the members of the parent-teacher association to get them out of here.’ So the women fled.”

Gutierrez hid for two months at her friend’s mother’s house outside Tegucigalpa. She joined another woman and, with their children, they set out to cross Mexico. On the journey, they were kidnapped – common for Central American migrants – and held for a $3,500 ransom. Gutierrez contacted relatives who wired the money. The kidnappers released her and her two sons near the U.S. border.

There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. They landed near Hidalgo, Texas.

After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. Two officials in uniforms picked them up. They were eventually transferred to the ICE detention center in Artesia.

Ana fled with her daughter the night the gang members threatened them on the street. “We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border,” according to her court testimony. The journey took three weeks. In Mexico, she hired a coyote – a smuggler – to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. She arrived at the Artesia detention center just weeks after Gutierrez.

“The other women in the center told me that there was someone else from Honduras who I might know, but I wasn’t sure who they were talking about,” Gutierrez said. “And then one day we went to lunch, and there they were.”

Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home.

Volunteer lawyers helped the women prepare and submit their applications for asylum.

In late 2014, the two women were released on bond. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Ana moved with her daughter to live with her daughter’s father and petitioned to have her case moved to Charlotte.

“ASYLUM FREE ZONES”

Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation.

People familiar with the system are well aware of the difference. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, “I tell them to move,” he said.

The Charlotte court that would hear Ana’s case was one of five jurisdictions labeled “asylum free zones” by a group of immigrant advocates in written testimony last December before the Inter-American Commission on Human Rights. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation.

The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. The Charlotte court was singled out for displaying a particular “bias against Central American gang and gender-related asylum claims.”

Couch is the toughest of Charlotte’s three immigration judges, according to the Reuters analysis.

The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarm about disparities in immigration court decisions in 2006. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled “Refugee Roulette” that “in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge.” In 2008, the U.S. Government Accountability Office (GAO) found similar disparities in its own study.

In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. It then created a system for the public to file complaints against immigration judges.

In a 2016 report, the GAO found that little had changed. EOIR held a two-day training session last year. There is no training on the 2017 calendar.

From 2012 to 2016, EOIR received 624 complaints against judges. The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges’ conduct within the courtroom. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as “reprimand” or “suspension” of the judge. “Corrective actions” such as counseling or training were taken in 39 cases. Close to half the complaints were dismissed.

The agency does not identify judges who were the subjects of complaints.

Mattingly, the EOIR spokeswoman, said the agency “takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.”

DAY IN COURT

Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. The definition of a “particular social group” has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that can’t or shouldn’t have to be changed.

In the San Francisco court, Gutierrez’s lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion – her stand against gangs – and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him.

Holyoak was convinced. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility.

In the Charlotte court, Ana’s lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board.

After hearing Ana’s case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had “not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground.” He wasn’t convinced that she risked persecution in Honduras because of her political opinion.

Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases.

Ana’s response to Couch’s extensive questioning played a part in the decision. In immigration court, the asylum seeker is typically the only witness.  As a result, “credibility is really the key factor. Persecutors don’t give affidavits,” said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration.

Couch wrote in his opinion that Ana’s difficulty recounting the names of the women on the association board weighed against her credibility. He noted that she testified about her fears of the gang “with a flat affect and little emotion,” displaying a “poor demeanor” that “did not support her credibility.”

The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughter’s father was sending from the United States to build a house in Honduras.

Ana’s assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not “persuasive,” Couch wrote. “The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim.”

“SOMEONE WANTS TO KILL THEM”

Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. Gutierrez also said her friend “is very forgetful. … It’s not that she is lying. It’s just that she forgets things.”

Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. “They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies,” she said.

Further, Knox said, asylum seekers aren’t thinking about the finer points of U.S. asylum law when they are fleeing persecution. “People show up in our office (and) they have no idea why someone wants to kill them. They just know someone wants to kill them.”

Ana’s lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. This time, her lawyer included arguments about her membership in a particular social group. She lost. In a three-page ruling, one board member said Ana’s lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadn’t proved a political motive behind the gang members’ attack.

Ana missed the deadline to appeal the BIA decision to the 4th U.S. Circuit Court of Appeals because her lawyer confused the deadline. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. The new lawyers argued that her previous representation had been ineffective.

In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch.

Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons – now 15 and 8 – her adult daughter and her grandson. She works as an office janitor and is taking English classes. Her boys are in school. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello.

Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras.

“I am very worried about her,” Gutierrez said. “The situation in our country is getting worse and worse.”

Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Ana’s children attended were kidnapped from their home and decapitated, according to police records.

The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. The murders, like more than 93 percent of crimes in Honduras, remain unsolved.

Additional reporting by Gustavo Palencia and Kristina Cooke

U.S. immigration courts are administrative courts within the Department of Justice’s Executive Office for Immigration Review. Unlike federal court judges, whose authority stems from the U.S. Constitution’s establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general.

More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Cases are assigned to an immigration court based on where the immigrant lives. Within each court, cases are assigned to judges on a random, rotational basis.

The courts handle cases to determine whether an individual should be deported. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. From there, cases can be appealed to federal appeals court.

The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model.

Reade Levinson

Heavy Odds

By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco

Data: Reade Levinson and Ryan McNeill

Graphics: Ashlyn Still

Photo editing: Steve McKinley and Barbara Adhiya

Video: Zachary Goelman

Design: Jeff Magness

Edited by Sue Horton, Janet Roberts and John Blanton”

Go to the link at the beginning to get the full benefit of the “interactive” features of this report on Reuters.

Also, here is an interactive presentation on the Trump Administration’s overall immigration policies:

http://www.reuters.com/trump-effect/immigration

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Great reporting by Mica and her team!

Interesting to note that the Arlington Immigration Court, where I sat for 13 years, has one of the most consistent “grant rates” in the country, ranging from approximately 54% to 60% grants. Compare that with the Charlotte Immigration Court at 11% to 28% grants within the same judicial circuit (the Fourth Circuit). Something is seriously wrong here. And, Jeff Sessions has absolutely no intent of solving it except by pushing for 100% denials everywhere! That’s the very definition of a “Kangaroo Court!”

It’s time for an Article I Court. But, not sure it will happen any time soon. Meanwhile Sessions is making a mockery out of justice in the Immigration Courts just as he has in many other parts of the U.S. Justice system.

PWS

10-17-17

 

GONZO’S WORLD: Jeff Sessions Is The New Jim Crow – Public Officials Using Bogus “Rule Of Law” and False “Christian Values” To Advance An Agenda of Hate, Bigotry, Intolerance, and Resentment Is (Sadly) Nothing New In America – The Main Difference: African-Americans Aren’t Gonzo’s Only Targets! — LGBTQ Americans Last Week, Hispanic Asylum Seekers This Week, Who’s Next: Latino Communities, Minority Voters, Dreamers, Children, Women, Muslims, Democrats, Obama, Poor People, Property Owners, Marihuana Farmers, The Sick & Disabled? – The Majority of Americans Are Somewhere On Gonzo’s “Hit List!” – When Will It Be YOUR Turn? — Who Will Defend YOUR Rights Against Gonzo’s Nasty Crusade Of “Injustice At Justice?”

http://www.newsweek.com/sessions-deals-another-blow-lgbt-community-684572

Marci A. Hamilton writes in Newsweek:

“I never expected to speak the phrase: “As Mississippi goes, so goes the federal government.” But when it comes to demeaning and disempowering LGBT, it is now apropos.

The self-righteous drive to make others suffer for not living Evangelical beliefs appears to be unstoppable with Trump in power and with Sessions as his henchman for civil rights. They are taking their cues from the Deep South and particularly Mississippi.

Mississippi is the national leader on religiously-motivated discrimination against LGBT and generating divisiveness on these issues, as I discussed here.

Mississippi continues to aspire to fomenting the most discrimination against LGBT with HB 1523, which explicitly permits business owners to refuse service to LGBT for religious reasons. The trial court correctly held that it was unconstitutional and issued a preliminary injunction.

In June, the Fifth Circuit let the law go into effect, holding that the challengers lacked standing. On further review, the Fifth Circuit refused to vacate the ruling, which let the law stand. Now perhaps it goes to the Supreme Court.

Its sponsors put it into place so that Evangelicals can legally exclude LGBT from the marketplace. They say it’s about their “religious liberty,” by which they mean not the right to observe their own practices, but rather their supposed right to judge and condemn others before doing business with them.

The whole anti-LGBT project is so unbelievably hypocritical: they aren’t fighting to bar liars, adulterers, rapists, or pedophiles from their businesses, all of whom who violate plain biblical commands.

GettyImages-646266774Attorney General Jeff Sessions at the Department of Justice on February 28, 2017 in Washington, D.C. ZACH GIBSON/GETTY

What they are engineering is lives without having to associate with “those people.” One can only hope that good, old-fashioned profit motives enrich those businesses that provide service to LGBT and put out of business those who prefer the Jim Crow life.

Trump Administration Follows Mississippi’s Lead

Now, Attorney General Jeff Sessions has piled onto this administration’s obsession with humiliating and harming transgender Americans here and here with a new document interpreting federal law to require accommodation of those in the government who believe LGBT are sinful.

That’s right, the drive is to accommodate the ones who cannot tolerate those who aren’t like them. This is all about deconstructing the LGBT civil rights the Obama administration put into place as discussed here and here.

For good measure, the administration is also rolling back protections intended to ensure LGBT are not discriminated against in long-term care facilities. (The administration also went after women’s rights to contraception as fellow columnist Joanna Grossman explains, again an issue where it is in lock step with Evangelical lobbyists.)

Where Did This Intolerance Come From?

The push to inflict exclusion and suffering on LGBT for religious reasons owes its origins to the working out of the Religious Freedom Restoration Act in American culture. Whether you have read Hegel or Calvin, this is what happens when you put into place a “right” that has no natural limit.

The religious lobbyists, including knowing conservatives and some truly naïve liberals, backed this benighted law in 1993. It was declared unconstitutional in 1997 in Boerne v. Flores, because it was so far removed from anything that the First Amendment had ever required .

What was unleashed with this federal statute, which morphed into state laws and later federal law, was a theory that the default position for religious liberty should be that a religious believer has a right to overcome any law that burdens religiously-motivated conduct.

Many laws exist to protect the vulnerable. When religious believers seize a “right” to trump the law, they in effect hurt the vulnerable. That is true here.

This power grab—particularly by religious organizations who believe in imprinting their beliefs on the culture—paved the way for the depraved arguments now being made for “religious liberty” that amount to exclusion and harm to an entire category of citizens defined solely by their sexual orientation. They have falsely claimed the mantle of victimhood while making victims of others.

The powerful choose the labels and the vulnerable suffer. If you have not seen this power maneuver elsewhere in history or in the Trump Administration’s dealings with race, you are not paying attention.

Marci A. Hamilton is the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania; the founder, CEO, and Academic Director of the nonprofit think tank to prevent child abuse and neglect, CHILD USA, and author of God vs. the Gavel: The Perils of Extreme Religious Liberty and Justice Denied: What America Must Do to Protect Its Children. She also runs two active websites covering her areas of expertise, the Religious Freedom Restoration Acts, www.RFRAperils.com, and statutes of limitations for child sex abuse, www.sol-reform.com.”

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While the Evangelical right wages a bogus war against the non-existent “Sharia law in America,” the real threat to our freedoms, our Constitution, and the rule of law is posed by these very same right wingers. Led by folks like Gonzo who have moved from the “wacko fringe” to positions of power, they are forcing their false interpretation of Christianity down the throats of the rest of us who don’t share their “Gospel of Hate & Intolerance.”

From a theological standpoint (after all, it is Sunday), Jesus’s ministry was not to the rich, powerful, rulers, or Pharisees enforcing the Jewish Law; no, Jesus’s ministry was one of love, compassion, forgiveness, and eternal hope  for the outsiders, the outcasts, the poor, and the “rejected” of Jewish and Roman society. If Jesus were among us today, he would much more likely be found “rubbing shoulders” and preaching to the gay community or the undocumented than he would wandering the halls of Jeff Sessions’s Department of (In)Justice.

 

PWS

10-15-17

 

COURTSIDE BRINGS YOU “LAW YOU CAN USE!” – Hon. Jeffrey Chase Tells “Do’s and Don’t’s” Of Challenging CREDIBILITY On BIA Appeals! EXTRA BONUS! NEW PWS COMMENTARY: Don’t Let “Gonzo’s” Lies & His Agenda Of Hate & Intentional Dehumanization Of Our Most Vulnerable Populations Win — Fight His Bogus Distorted Attack On Our Humanity & Our Legal System Every Inch Of The Way!

 

https://www.jeffreyschase.com/blog/2017/10/12/challenging-credibility-findings-before-the-bia

Jeffrey writes:

Challenging Credibility Findings Before the BIA

“As discussed in last week’s post, in 2002, the standard under which the BIA reviews credibility determination was changed as part of the reforms instituted by then Attorney General John Ashcroft.  Furthermore, in 2005, Congress enacted the REAL ID Act, which provided immigration judges with broader grounds for determining  credibility.  These two factors combine to make it more difficult for the Board to reverse an immigration judge’s adverse credibility finding than it was prior to these changes.  The following are some thoughts on strategy when appealing credibility findings to the Board.

1. Don’t offer alternative interpretations of the record.

You cannot successfully challenge an adverse credibility finding by offering an alternative way of viewing the record.  If the IJ’s interpretation is deemed reasonable, the BIA cannot reverse on the grounds that it would have weighed the documents, interpreted the facts, or resolved the ambiguities differently.  Or as the Supreme Court has held, “[w]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.”  Anderson v. Bessemer City, 470 U.S. 564, 573-74 (1985).

2. Does the record support the IJ’s finding?

On occasion, the discrepancy cited by the IJ is not found in the transcript.  IJs hear so many cases; some hearings are spread over months or years due to continuances; witnesses or their interpreters do not always speak clearly; documents are sometimes clumsily translated.  For all of these reasons, it is possible that the IJ didn’t quite hear or remember what was said with complete accuracy, or might have misconstrued what a supporting document purports to be or says.  It is worth reviewing the record carefully.

3. Does the REAL ID Act standard apply?

The REAL ID Act applies to applications filed on or after May 11, 2005.  With the passage of time, fewer and fewer cases will involve applications filed prior to the effective date.  However, there are still some cases which have been administratively closed, reopened, or remanded which involve applications not subject to the REAL ID Act standard.  In those rare instances, look to whether the IJ relied on factors that would not support an adverse credibility finding under the pre-REAL ID standard.  For example, did the IJ rely on non-material discrepancies to support the credibility finding?  If so, argue that under the proper, pre-REAL ID Act standard, the discrepancies cited must go to the heart of the matter in order to properly support an adverse credibility finding.

4. Did the IJ’s decision contain an explicit credibility finding?

Under the REAL ID Act, “if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.”  See INA section 208(b)(1)(B)(iii) (governing asylum applications); INA section 240(c)(4)(C) (governing all other applications for relief).  Therefore, review the decision carefully to determine if an explicit credibility finding was made.  In some decisions, the immigration judge will find parts of the testimony “problematic,” or question its plausibility, without actually reaching a conclusion that the testimony lacked credibility.  In such cases, argue on appeal that the statutory presumption of credibility should apply.

5. Did the credibility finding cover all or only part of the testimony?

As an IJ, I commonly stated in my opinions that credibility findings are not an all or nothing proposition.  A respondent may be credible as to parts of his or her claim, but incredible as to other aspects.  There are instances in which a single falsehood might discredit the entirety of the testimony under the doctrine of falsus in uno, falsus in omnibus.  However, there are variations in the application of the doctrine among the circuits, and there are exceptions.  For example, the Second Circuit in Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) recognized the doctrine, but laid out five specific exceptions under which a false statement will not undermine the overall credibility.  However, the Seventh Circuit, in Kadia v. Gonzales, 501 F.3d 817 (7th Cir, 2007) rejected falsus in uno,referring to it as a “discredited doctrine.”  The Ninth Circuit, in Shouchen Yang v. Lynch, 815 F.3d 1173 (9th Cir. 2016), acknowledged that an IJ may apply the doctrine, but that the Board itself could not (for example, to deny a motion to reopen based on a prior adverse credibility finding).   Therefore, determine whether under the applicable circuit case law the falsehood cited by the IJ was sufficient to undermine all of the testimony.  If not, determine whether the remainder of the testimony is sufficient to meet the burden of proof.

6. Did the IJ rely on a permissible inference, or impermissible speculation?

In Siewe v. Gonzales, supra, the Second Circuit discussed the difference between a permissible inference and impermissible “bald” speculation.  The court cited earlier case law stating that “an inference is not a suspicion or a guess.”  Rather, an inference must be “tethered to the evidentiary record:” meaning it should be supported “by record facts, or even a single fact, viewed in the light of common sense and ordinary experience.”  Generally, findings such as “no real Christian wouldn’t know that prayer” or “the police would never leave a copy of the arrest warrant” would constitute bald speculation unless there was expert testimony or reliable documentation in the record to lend support to such conclusion.

7. Did the IJ permissibly rely on an omission under applicable circuit law?

There is a body of circuit court case law treating omissions differently than discrepancies.  For example, several circuits have held that as there is no requirement to list every incident in the I-589,  the absence of certain events from the written application that were later included in the respondent’s testimony did not undermine credibility.  Look to whether the omission involved an event that wasn’t highly significant to the claim.  Also look for other factors that might explain the omission, i.e. a female respondent’s non disclosure of a rape to a male airport inspector; a respondent’s fear of disclosing his sexual orientation to a government official upon arrival in light of past experiences in his/her country.  Regarding omissions in airport statements, please refer to my prior post concerning the questionable reliability of such statements in light of a detailed USCIRF report.  See also, e.g., Moab v. Gonzales, 500 F.3d 656 (7th Cir. 2007); Ramseachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004), addressing factors to consider in determining the reliability of airport statements.

8.  Was the respondent provided the opportunity to explain the discrepancies?

At least in the Second and Ninth Circuits, case law requires the IJ to provide the respondent with the opportunity to respond to discrepancies.  The Second Circuit limits this right to situations in which the inconsistency is not “dramatic,” and the need to clarify might therefore not be obvious to the respondent.  See Pang v. USCIS, 448 F.3d 102 (2d Cir. 2006).

9. Did the “totality of the circumstances” support the credibility finding?

Even under the REAL ID Act standards, the IJ must consider the flaws in the testimony under “the totality of the circumstances, and all relevant factors.”  INA sections 208(b)(1)(B)(ii), 240(c)(4)(C).  The circuit courts have held that the standard does not allow IJs to “cherry pick” minor inconsistencies to reach an adverse credibility finding.  For a recent example, note the Third Circuit’s determination in Alimbaev v. Att’y Gen. of U.S. (discussed in last week’s post) finding two inconsistencies relied on by the BIA as being “so insignificant…that they would probably not, standing alone, justify an IJ making an adverse credibility finding…”

Copyright 2017 Jeffrey S. Chase.  All rights reserved.”

REPRINTED WITH PERMISSION

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Don’t Let “Gonzo’s” Lies & His Agenda Of Hate & Intentional Dehumanization Of Our Most Vulnerable Populations Win — Fight His Bogus Distorted Attack On Our Humanity & Our Legal System Every Inch Of The Way!

By Paul Wickham Schmidt

United States Immigration Judge (Retired)

For those of you who don’t know him, Judge Jeffrey Chase has a unique perspective starting his career in private practice, becoming a U.S. Immigration Judge in New York, and finally finishing his Government career as an Attorney Advisor writing decisions for the BIA.

Great stuff, Jeffrey!  I love being able to help folks “tune in” to things the they can actually use in the day to day practice of immigration law!

One of the best ways to fight “Gonzoism” and uphold due process is by winning the cases one at a time through great advocacy. Don’t let the “false Gonzo narrative” fool you! Even under today’s restrictive laws (which Gonzo would like to eliminate or make even more restrictive) there are lots of “winners” out there at all levels.

But given the “negative haze” hanging over the Immigration Courts as a result of Gonzo and his restrictionists agenda, the best way of stopping the “Removal Railway” is from the “bottom up” by: 1) getting folks out of “Expedited Removal” (which Gonzo intends to make a literal “killing floor”); 2) getting them represented so they can’t be “pushed around” by DHS Counsel and Immigration Judges who fear for their jobs unless they produce “Maximo Removals with Minimal Due Process” per guys like Gonzo and Homan over at DHS; 3) getting them out of the “American Gulag” that Sessions and DHS have created to duress migrants into not seeking the protection they are entitled to or giving up potentially viable claims; 4) making great legal arguments and introducing lots of corroborating evidence, particularly on country conditions, at both the trial and appellate levels (here’s where Jeffrey’s contributions are invaluable); 5) fighting cases into the U.S. Courts of Appeals (where Gonzo’s false words and perverted views are not by any means the “last word”); and 5) attacking the overall fairness of the system in both the Courts of Appeals and the U.S. District Courts — at some point life-tenured Article III have to see the absolute farce that an Immigration Judiciary run by a clearly biased xenophobic White Nationalist restrictionist like Sessions has become. Every time Gonzo opens his mouth he proves that the promise of Due Process in the Immigration Courts is bogus and that the system is being rigged against migrants asserting their rights.

Sessions couldn’t be fair to a migrant or treat him or her like a human being if his life depended on it! The guy smears dreamers, children whose lives are threatened by gangs, hard-working American families, LGBTQ Americans, and women who have been raped or are victims of sexual abuse. How low can someone go!

Virtually everything Gonzo says is untrue or distorted, aimed at degrading the humanity and legal protections of some vulnerable group he hates (Gonzo’s “victim of the week”), be it the LGBTQ community, asylum seekers, women, children, immigrants, Muslims, African-Americans, attorneys, the Obama Administration, or U.S. Immigration Judges trying to do a conscientious job. Perhaps the biggest and most egregious “whopper” is his assertion that those claiming asylum at the Southern Border are either fraudsters or making claims not covered by law.

On the contrary, according to a recent analysis by the UNHCR, certainly a more reliable source on asylum applicants than Gonzo, “over 80 percent of women from El Salvador, Guatemala, Honduras, and Mexico who were screened on arrival at the U.S. border ‘were found to have a significant possibility of establishing eligibility for asylum or protection under the Convention against Torture.'” “Majority of Asylum Seekers have Legitimate Claims: Response to Sessions Statement,” available online at https://www.wola.org/2017/10/no-basis-claims-rampant-abuse-us-asylum-system-response-sessions-statement/.

This strongly suggests that the big fraud here isn’t coming from asylum seekers. No, the real fraud is the unusually high removal rate at the border touted by Gonzo and his EOIR “patsies” — the result of improper adjudications or unlawful manipulation of the system (intentional duress – misinforming individuals about their rights) by DHS, the U.S. Immigration Court, or simply wrong constructions of protection law.

I think that the majority of Immigration Court cases are still “winners” if the respondents can get competent representation and fight at all levels. Folks, Jeff “Gonzo Apocalypto” Sessions has declared war on migrants and on the Due Process Clause of our Constitution.

He’s using his reprehensible false narratives and “bully pulpit” to promote the White Nationalist, Xenophobic, restrictionist “myth” that most claims and defenses in Immigration Court are “bogus” and they are clogging up the court with meritless claims just to delay removal. The next step is to eliminate all rights and expel folks without any semblance of due process because Gonzo has prejudged them in advance as not folks we want in our country. How biased can you get!

So, we’ve got to prove that many, probably the majority, of the cases in Immigration Court have merit! Removal orders are being “churned out” in “Gonzo’s world” by using devices such as “in absentia orders” (in my extensive experience, more often than not the result of defects in service by mail stemming from sloppiness in DHS and EOIR records, or failure of the DHS to explain in Spanish — as required by law but seldom actually done — the meaning of a Notice to Appear and the various confusing “reporting requirements”); blocking folks with credible fears of persecution or torture from getting into the Immigration Court system by pushing Asylum Officers to improperly raise the standard and deny migrants their “day in court” and their ability to get representation and document their claims; using detention and the bond system to “coerce” migrants into giving up viable claims and taking “final orders;” intentionally putting detention centers and Immigration Courts in obscure detention locations for the specific purpose of making it difficult or impossible to get pro bono representation and consult with family and friends; using “out-of-town” Immigration Judges on detail or on video who are being pressured to “clear the dockets” by removing everyone and denying bonds or setting unreasonable bonds; sending “messages” to Immigration Judges and BIA Judges that most cases are bogus and the Administration expects them to act as “Kangaroo Courts” on the “Removal Railroad;” taking aim at hard-earned asylum victories at all levels by attacking and trying to restrict the many favorable precedents at both the Administrative and Court of Appeals levels that Immigration Judges and even the BIA often ignore and that unrepresented aliens don’t know about; improperly using the Immigration Court System to send “don’t come” enforcement messages to refugees in Central America and elsewhere; and shuttling potentially winning cases to the end of crowded dockets through improper “ADR” and thereby both looking for ways to make those cases fail through time (unavailable witnesses, changing conditions) and trying to avoid the favorable precedents and positive asylum statistics that these “winners” should be generating.

Folks, I’ve forgotten more about immigration law, Due Process, and the Immigration Courts than Gonzo Apocalypto and his restrictionist buddies on the Hill and in anti-immigrant interest groups will ever know. Their minds are closed. Their bias is ingrained. Virtually everything coming out of their mouths is a pack of vicious lies designed to “throw dirt” and deprive desperate individuals of the protections and fairness we owe them under our laws, international law, and our Constitution. Decent human beings have to fight Gonzo and his gang of “Bad Hombres” every inch of the way so that their heinous and immoral plan to eliminate immigration benefits and truncate Due Process for all of us on the way to creating an “Internal Security Force” and an “American Gulag” within the DHS will fail.

Remember,”as you did it to one of the least of these my brothers, you did it to me.”  Gonzo’s going to have some ‘splainin top do at some point in the future!

Stand Up For Migrants’ Rights! “Gonzo and His Toxic Gang Must Go!” Sen. Liz Warren was absolutely right. Demand a “recount” on the NYT “Worst Trump Cabinet Member” poll. Gonzo is in a class by himself!

 

PWS

10-14-17

 

 

GONZO’S “KANGAROO COURT PLAN” MOCKS CONSTITUTION – “Performance Metrics For Judges” Are Thinly Disguised “Deportation Quotas” for “Assembly Line Injustice” — Last Pretense Of “Fair & Impartial Adjudication” About To Disappear!

https://www.washingtonpost.com/local/immigration/immigration-judges-say-proposed-quotas-from-justice-dept-threaten-independence/2017/10/12/3ed86992-aee1-11e7-be94-fabb0f1e9ffb_story.html?utm_term=.bcee5ec17f24

Maria Sacchetti reports for the Washington Post:

“The Trump administration is taking steps to impose “numeric performance standards” on federal immigration judges, drawing a sharp rebuke from judges who say production quotas or similar measures will threaten judicial independence, as well as their ability to decide life-or-death deportation cases.

The White House says it aims to reduce an “enormous” backlog of 600,000 cases, triple the number in 2009, that cripples its ability to deport immigrants as President Trump mandated in January.

The National Association of Immigration Judges called the move unprecedented and says it will be the “death knell for judicial independence” in courts where immigrants such as political dissidents, women fleeing violence and children plead their cases to stay in the United States.

“That is a huge, huge, huge encroachment on judicial independence,” said Dana Leigh Marks, spokeswoman and former president of the association and a judge for more than 30 years. “It’s trying to turn immigration judges into assembly-line workers.”

The White House tucked its proposal — a six-word statement saying it wants to “establish performance metrics for immigration judges” — into a broader package of immigration reforms it rolled out Sunday night.

But other documents obtained by The Washington Post show that the Justice Department “intends to implement numeric performance standards to evaluate Judge performance.”

The Justice Department, which runs the courts through the Executive Office for Immigration Review, declined to comment or otherwise provide details about the numeric standards.

The Justice Department has expressed concern about the backlog and discouraged judges from letting cases drag on too long, though it has insisted that they decide the cases fairly and follow due process. On Thursday, Attorney General Jeff Sessions expressed concern that false asylum cases are clogging up the courts.

The judges’ union says its current contract language prevents the government from rating them based on the number of cases they complete or the time it takes to decide them.

But now, they say, the department is trying to rescind that language, and advocates say it could violate a federal regulation that requires judges to “exercise their independent judgment and discretion” when deciding cases.

Advocates and immigration lawyers say imposing numerical expectations on judges unfairly faults them for the massive backlog. Successive administrations have expanded immigration enforcement without giving the courts enough money or judges to decide cases in a timely way, they say. An average case for a non-detained immigrant can drag on for more than two years, though some last much longer.

“Immigration judges should have one goal and that goal should be the fair adjudication of cases,” said Heidi Altman, director of policy at the National Immigrant Justice Center, a nonprofit that provides legal services and advocacy to immigrants nationwide. “That’s the only metric that should count.”

Immigration lawyers say the proposed standards risk adding to disadvantages immigrants already face in immigration courts. Most defendants do not speak English as their first language if at all, are not entitled to lawyers at the government’s expense, and thousands end up trying to defend themselves.

Often immigrants are jailed and given hearings in remote locations, such as rural Georgia or Upstate New York, which makes it difficult to gather records and witnesses needed to bring a case.

“People’s lives are at risk in immigration court cases, and to force judges to complete cases under a rapid time frame is going to undermine the ability of those judges to make careful, well thought-out decisions,” said Gregory Chen, director of government relations for the American Immigration Lawyers Association, which has 15,000 members.

Traditional federal judges are not subject to quotas.

The rare public dispute between the immigration judges and the Justice Department comes as the Trump administration is demanding a commitment to increased enforcement and other immigration restrictions in exchange for legal status for 690,000 young undocumented immigrants who, until recently, were protected from deportation under an Obama-era program. Sessions announced the end of the program last month, and the young immigrants will start to lose their work permits and other protections in March.

In January, Trump issued a slate of executive orders that sought to crack down on immigration. He revoked President Barack Obama’s limits on enforcement and effectively exposed all 11 million undocumented immigrants in the United States to arrest.

On Sunday, Trump also called for more immigration-enforcement lawyers and more detention beds, which would further increase the caseloads of the courts.

He is also planning to seek congressional funding for an additional 370 immigration judges, which would more than double the current number.

Immigration arrests are up more than 40 percent since Trump took office, and deportation orders are also rising. From Feb. 1 to August 31, judges have issued 88,383 rulings, and in the majority of cases — 69,160 — immigrants were deported or ordered to voluntarily leave the country, a 36 percent increase over the corresponding period in 2016.

The immigration courts have clamored for greater independence from the Justice Department for years and also have sought greater control over their budget. They have long complained about a lack of funding, burnout rates that rival that of prison wardens, and caseloads exceeding 2,000 each. Some judges are scheduling cases into 2022.

On Sunday, Sessions — who appoints the immigration judges and is the court’s highest authority — called the White House’s broad immigration proposals “reasonable.”

“If followed, it will produce an immigration system with integrity and one in which we can take pride,” he said.”

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Will the stunningly xenophobic “Gonzo Apocalypto” get away with his lawless plan to strip migrants of the last vestiges of their already restricted Constitutional rights to due process? Or, will the Article III Courts step in, assert themselves, insist on due process and fair and impartial adjudication in Immigration Court, and throw the already staggering Immigration Court System into complete collapse, thereby stopping the “Removal Railway?”

The showdown is coming. I think the eventual outcome is “too close to call.”  So far, Sessions is well on his way to co-opting the Immigration Court as just another “whistle stop on the Removal Railway!”

The current backlog has multiple causes: 1) failure of Congress and the DOJ to properly fund and staff the U.S. Immigration Courts; 2) poor enforcement strategies by DHS resulting in too many “low priority” cases on the dockets; 3) often politicized, always changing, sometimes conflicting “case priorities and goals” established by DOJ and EOIR; 4) lack of authority for Immigration Judges to control their own dockets; 5) outdated technology resulting in a “paper heavy” system where documents are often misfiled or missing from the record when needed by the Judges;  and 6) “Aimless Docket Reshuffling” caused by moving cases around to fit DHS Enforcement priorities and ill-conceived and poorly planned details of Immigration Judges away from their normal dockets. “Productivity,” which consistently far exceeds the “optimal” 500 completions per Judge annually (currently approximately 770 per Judge) is not one of the primary factors causing the backlog.

Overall, the current backlog is the product of mismanagement of the Immigration Courts by the DOJ spanning multiple Administrations. No wonder the politos at the Sessions DOJ are trying to shift blame to the Immigration Judges, hapless migrants struggling to achieve justice in an “intentionally user unfriendly system,” and stressed out private attorneys, many serving pro bono or for minimal compensation. How would YOU like to be a migrant fighting for your life in a so-called “court system” beholden to Jeff Sessions?

We’re starting to look pretty “Third World.” Sessions and the rest of the “Trump Gang” operate much like corrupt Government officials in “Third World” countries where the rulers control the courts, manipulation of the justice system for political ends is SOP, and claims to aspire to “fairness” ring hollow.

PWS

10-13-17

 

GONZO DELIVERS LARGELY FACT-FREE ATTACK ON VULNERABLE ASYLUM SEEKERS! — USES NONEXISTENT “ASYLUM FRAUD CRISIS” TO COVER UP DOJ POLITICAL INTERFERENCE WITH IMMIGRATION COURTS CAUSING LARGER BACKLOGS & UNDERMINING CONSTITUTIONAL DUE PROCESS FOR MIGRANTS!

http://immigrationimpact.com/2017/10/12/attorney-general-sessions-attacks-asylum-deportations/

Joshua Briesblatt reports for Immigration Impact:

“During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations.

In his speech, Sessions focused heavily on America’s long-standing system that provides asylum to those seeking safety and protection, claiming it is “subject to rampant abuse and fraud.” He argued that increased claims of “credible fear”—where an individual apprehended at the border expresses fear of persecution if returned to their home country—are an indicator of asylum seekers abusing loopholes in the immigration system.

The fact is that the uptick in protection claims has corresponded with the dramatic increase in violence in Central America during that same period. In particular, in the spring and summer of 2014, when many thousands of women and unaccompanied children from Central America journeyed to the United States seeking asylum, they were fleeing unprecedented violence in Honduras, Guatemala, and El Salvador, then the murder capital of the world.

Thursday’s call for cracking down on children and asylum seekers at the border is illogical given the dramatic drop in border crossings this past year, which Sessions himself admitted at the beginning of his speech.

The Attorney General also focused his attention on the growing backlog of immigration court cases and called for an expansion of expedited removal, initially proposed in President Trump’s January immigration executive orders. Expedited removal is a process by which immigration officers can quickly deport certain noncitizens who are undocumented without bringing them before an immigration judge.

This rapid process, which is currently only applied to individuals apprehended within two weeks of arrival and 100 miles of the Canadian or Mexican border, increases the possibility that people are being erroneously deported from the United States, potentially to imminent harm or death. Expansion of this process would further curtail due process by preventing more individuals from having their day in immigration court.

Since many, but not all, of these changes require legislative action, Sessions urged Congress to pass laws in order to effectuate these changes. Many of these ideas came directly from the White House “principles” released last week.

Thursday’s attack on children and asylum seekers, coupled with calls to curtail due process for those seeking protection, struck a new low. Sessions’ speech was just more of the same from an administration that has continuously shown it is determined to make America a less welcoming nation.“

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In his speech to the EOIR — obviously intended to impede the fair and impartial adjudication of asylum claims by judges who work for him by instilling bias against asylum seekers — Sessions cited a 2015 GAO Report on Asylum Fraud. That report did not cite any increase in Southern Border asylum fraud by individuals fleeing the Northern Triangle of Central America.  The anecdotal incidents noted in the report related to Chinese asylum fraud. That fraud was actually detected and successfully prosecuted by DHS.

Additionally, the GAO Report not recommend any changes in the procedures for adjudicatiing asylum claims in Immigration Court. It did recommend improvements in fraud detection techniques by DHS and EOIR.

To my knowledge, Sessions has never adjudicated any asylum claim. I’ve adjudicated lots of Central American asylum claims. Almost all of them involved individuals with credible evidence that they would face harm upon return. Some were able to fit that harm within the protection laws, and others were turned down, many because our laws have been skewed against granting protection to Central Americans. But few, if any, involved apparent fraud.

Gonzo attacked individuals who are merely seeking fair and impartial due process and decent humane  treatment (not unjustified detention) with respect to their claims for protection under U.S. and international law. I agree with Bliesblatt that Gonzo “struck a new low” in a career filled with “cheap shots” on the most vulnerable among us.

PWS

10-12-17

 

 

 

 

 

 

 

 

 

 

 

 

 

PARTY OF INFAMY AND GROSS INDECENCY: GOP’S WHITE NATIONALIST WING SEEKS TO DESTROY U.S. ASYLUM LAW, SCREW THE MOST VULNERABLE – Want To Turn America Into A “Rogue Nation” That Trashes Human Rights! – THEY MUST BE EXPOSED AND STOPPED!

http://www.motherjones.com/politics/2017/10/trumps-immigration-proposal-could-make-it-radically-harder-to-get-asylum/

Noah Lanard reports for Mother Jones:

“When people arrive at the border seeking asylum from persecution, the United States gives them the benefit of the doubt. As long as they can show there’s a “significant possibility” that they deserve protection, they’re allowed to stay and make their case to an immigration judge. President Donald Trump and Republicans in Congress want to change that.

On Sunday, the Trump administration demanded that Congress overhaul the US asylum system as part of any legislation to protect the nearly 700,000 undocumented immigrants known as Dreamers from deportation. The White House’s asylum proposal, laid out in nine bullet-pointed items as part of the broader immigration plan, appears to be modeled on the Asylum Reform and Border Protection Act, a bill that Republicans on the House Judiciary Committee approved in July. The bill, which has not been passed by the full House, would make it easier for the Department of Homeland Security to quickly reject asylum claims and force most asylum seekers to remain in detention while their cases are decided. The overall effect would be to transform a system for protecting persecuted people, created in the wake of World War II, into a much more adversarial process.  

At a hearing in July, Rep. Zoe Lofgren (D-Calif.) warned that the GOP proposal would “all but destroy the US asylum system.” Now Trump is trying to fold those changes into a deal to protect the Dreamers—undocumented immigrants who came to the country as children—who were previously covered by Barack Obama’s Deferred Action for Childhood Arrivals program.

Eleanor Acer, an expert on refugees at the advocacy group Human Rights First, saidin a statement Monday that Trump’s demands will “block those fleeing persecution and violence from even applying for asylum, and punish those who seek protection by preventing their release from immigration detention facilities and jails.”

But Republicans like Rep. Bob Goodlatte (R-Va.) argue that asylum reform is needed to address “pervasive” fraud, such as false claims of persecution. Asylum claims from the “Northern Triangle” countries of Guatemala, El Salvador, and Honduras have been a major focus for Republicans. Between 2013 and 2015, there were more asylum claims from the Northern Triangle, which has been terrorized by MS-13 and other gangs, than in the previous 15 years combined. A 2015 report from the Government Accountability Office found that the United States has “limited capabilities to detect asylum fraud.” But the scope of the problem is not known. Leah Chavla, a program officer at the Women’s Refugee Commission, says going after fraud is misguided in light of the many checks and balances that are already in place. 

The real “fraudsters” here are the GOP restrictionists, led by folks like Goodlatte, Miller, and Sessions, trying to fob off their knowingly false and contrived narrative on America. Shame!

Second, the current system intentionally denies lawyers to the respondents in detention in obscure locations along the Southern Border, specifically selected to make it difficult for individuals to exercise their rights. Raising the standards would virtually guarantee rejection of all such asylum seekers without any hearing at all. The standard for having asylum granted is supposed to be a generous “well-founded fear” (in other words, a 10% chance or a “reasonable chance”). In fact, however, DHS and EOIR often fail to honor the existing legal standards. Forcing unrepresented individuals in detention with no chance to gather evidence to establish that it is “more likely than not” that they would be granted asylum is a ridiculous travesty of justice.

Third, access to lawyers, not detention, is the most cost-effective way to secure appearance at Immigration Court hearings. Individuals who are able to obtain lawyers, in other words those who actually understand what is happening, have a relatively low rate of “failure to appear.” In fact, a long-term study by the American Immigration Council shows that 95% of minors represented by counsel appear for their hearings as opposed to approximately 67% for those who are unrepresented. See,e.g., https://www.americanimmigrationcouncil.org/research/taking-attendance-new-data-finds-majority-children-appear-immigration-court

Rather than curtailment of rights or expensive and inhumane detention, the best way of insure that all asylum applicants appear for their scheduled hearings and receive full due process would be to insure that the hearings take place in areas with adequate supplies of pro bono and “low bono” counsel and that hearings are scheduled in a predictable manner that does not intentionally outstrip the capabilities of the pro bono bar.

Fourth, a rational response to fraud concerns would be building better fraud detection programs within DHS, rather than denying vulnerable individuals their statutory and constitutional rights. What would a better system look like:  more traditional law enforcement tools, like undercover operations, use of informants to infiltrate smuggling operations, and much better intelligence on the operations of human trafficking rings. And, there’s plenty of resources to do it. DHS just lacks the ability and/or the motivation. Many of the resources now wasted on “gonzo” interior enforcement and mindless detention — sacking up janitors and maids for deportation and detaining rape victims applying for asylum — could be “redeployed” to meaningful, although more challenging, law enforcement activities aimed at rationally addressing the fraud problem rather than using it as a bogus excuse to harm the vulnerable.

Fifth, Goodlatte’s whole premise of fraud among Southern Border asylum applications is highly illogical. Most of the Southern Border asylum claims involve some variant of so-called “particular social groups” or “PSGs,” But, the entire immigration adjudication system at all levels has traditionally been biased against just such claims. and, it is particularly biased against such claims from Central America. PSG claims from Central America receive “strict scrutiny’ at every level of the asylum system! No fraudster in his or her right mind would go to the trouble of “dummying up” a PSG claim which will likely be rejected. No, if you’re going to the trouble of committing fraud, you’d fabricate a “political or religious activist or supporter claim”  of the type that are much more routinely granted across the board.

Don’t let Trump, Miller, Sessions, Goodlatte, and their band of shameless GOP xenophobes get away with destroying our precious asylum system! Resist now! Resist forever! Stand up for Due Process, or eventually YOU won’t any at all! Some Dude once said “as you did it to one of the least of these my brothers, you did it to me.” While arrogant folks like the restrictionists obviously don’t believe that, it’s still good advice.

PWS

10-10-17

 

LEGACY OF HATE – TRUMP’S APPOINTMENT OF HOMOPHOBIC JUDGES LIKELY TO TORMENT LGBTQ AMERICANS FOR DECADES TO COME! — Elections Have Consequences!

http://www.huffingtonpost.com/entry/trump-judicial-nominee-abortion-rights_us_59d67a63e4b046f5ad96e117?feh

Jennifer Bendery reports for Huff Post:

WASHINGTON ― Thursday was a good day for Amy Coney Barrett. A Senate committee voted to advance her nomination to be a federal judge.

It wasn’t a pretty vote. Every Democrat on the Judiciary Committee opposed her nomination. They scrutinized her past writings on abortion, which include her questioning the precedent of Roe v. Wade and condemning the birth control benefit under the Affordable Care Act as “a grave infringement on religious liberty.” One Democrat, Al Franken (Minn.), called her out for taking a speaking fee from the Alliance Defending Freedom, a nonprofit that’s defended forced sterilization for transgender people and has been dubbed a hate group by the Southern Poverty Law Center.

But Republicans don’t need Democrats’ votes, and now Barrett, a 45-year-old law professor at the University of Notre Dame, is all but certain to be confirmed to a lifetime post on the U.S. Court of Appeals for the 6th Circuit — a court one level below the Supreme Court.

Barrett is the model judicial candidate for this White House: young, conservative, and opposed to abortion and LGBTQ rights. For all the stories about President Donald Trump using his executive power to roll back civil rights protections — in the past day, his administration axed the ACA birth control benefit and ended workplace protections for transgender people — it is here, on the courts, where his team is working most aggressively to reshape the country.

“Trump’s speed in nominating judges has been perhaps the most successful aspect of his presidency,” said Carl Tobias, a law professor at the University of Richmond who specializes in judicial nominations. “Trump has easily surpassed Obama, Bush and Clinton at this point in the first year of their presidencies in terms of the sheer number nominated.”

He has. Ten months in, Trump has nominated 17 circuit court judges and 39 district court judges. That’s far more than former President Barack Obama’s seven circuit court nominees and four district court nominees by this point in his first year of office. Former President George W. Bush had nominated 11 circuit judges and 31 district judges by this point.

He’s also got more court seats to fill. He inherited a whopping 108 court vacancies when he became president ― double the number of vacancies Obama inherited when he took office. That’s largely due to Republicans’ years-long strategy of denying votes to Obama’s court picks to keep those seats empty for a future GOP president to fill. It worked.

If Trump’s current judicial nominees are a preview of the kinds of judges he plans to nominate in the coming years, prepare for a significantly more socially conservative group of people shaping the nation’s laws.

Consider John Bush. The Senate confirmed him in July, on a party-line vote, to a lifetime post on the U.S. Court of Appeals for the 6th Circuit. Bush, 52, has compared abortion to slavery and referred to them as “the two greatest tragedies in our country.” He has also said he strongly disagrees with same-sex marriage, mocked climate change and proclaimed “the witch is dead” when he thought the Affordable Care Act might not be enacted.

The Senate also confirmed Kevin Newsom, 44, to the U.S. Court of Appeals for the 11th Circuit in August. He wrote a 2000 law review article equating the rationale of Roe v. Wade to Dred Scott v. Sandford, the 1857 decision upholding slavery. He also argued in a 2005 article for the Federalist Society, a right-wing legal organization, that Title IX does not protect people who face retaliation for reporting gender discrimination. The Supreme Court later rejected that position.

Ralph Erickson, 58, was confirmed to the U.S. Court of Appeals for the 8th Circuit in September. As a district judge in 2016, he was one of two judges in the country who ordered the federal government not to enforce health care nondiscrimination protections for transgender people.

 

CSPAN
Here’s U.S. circuit court judge John Bush testifying in his Senate confirmation hearing in June. He thinks abortion is like slavery, and they are “the two greatest tragedies in our country.” 

These are just judges that have been confirmed. Nominees in the queue include Leonard Grasz, Trump’s pick for a seat on the U.S. Court of Appeals for the 8th Circuit. Grasz, 56, proposed amending the Omaha City Charter in 2013 to let employers discriminate against LGBTQ people. He has also compared the “personhood” of fetuses to the civil rights of Native Americans and African-Americans, according to an exhaustive report issued by the Alliance for Justice, a left-leaning advocacy group that focuses on the federal judiciary.

Trump’s effort to shift the federal bench to the right isn’t just aimed at district and circuit courts. He nominated Damien Schiff, a 37-year-old attorney, to a 15-year gig on the U.S. Court of Federal Claims. Schiff has criticized efforts to prevent bullying of LGBTQ students, referring to messages of equality as “teaching ‘gayness’ in schools.” He also argued that states should be allowed to criminalize “consensual sodomy.”

Part of the reason the White House has been able to nominate so many judges, so quickly, is because it’s been focused on filling court vacancies in states represented by two Republican senators. It’s easier for Trump’s team to work with Republicans in picking nominees, and then in moving them forward in committee, where it takes both home-state senators turning in a “blue slip” to get the hearing process going.

Trump has been less successful in confirming nominees, though. That’s partly because in the mad rush to fill courts seats, the White House isn’t reviewing nominees’ records as thoroughly as, say, the Obama administration did. That means more controversial nominees and more scrutiny. Democrats aren’t exactly eager to cooperate, either, given the way Republicans treated Obama’s judicial nominees (remember Merrick Garland?).

But as Trump plows through judicial nominations that will be a part of his legacy for decades, the only thing Democrats can do while they’re in the minority, for the most part, is make noise.

If they want real change, says Tobias, “Democrats need to win elections.”

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Homophobe Jeff Sessions’s time as Attorney General won’t extend beyond the Trump Administration, if that long. However, the damage he has done to the U.S. legal system, our Constitution, the Department of Justice, and LGBTQ Americans won’t be easily repaired, if ever.

But, life tenured Federal Judges are an even bigger problem. These “robed bigots” will be inflicting cruel, discriminatory, and degrading treatment on the U.S. LGBTQ Community from their benches for decades to come.

In the end, Professor Tobias is entirely correct:“Democrats need to win elections.” Otherwise, our LGBT family, colleagues, friends, and neighbors are going to continue to be targets for homophobic Federal Judges and GOP politicos for many decades.

PWS

10-08-17

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

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

Dominic Holden reports for BuzzFeed News:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

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

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

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

DOJ Career Attorneys

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

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

Liz was right!

PWS

10-05-17

 

 

 

 

 

NBC4 NY: FRAUD, WASTE, & ABUSE AT USDOJ — “ADR” EXPOSED! — TRUMP ADMINISTRATION KNOWINGLY RAN UP U.S. IMMIGRATION COURT BACKLOGS WITH UNNEEDED REASSIGNMENT OF IMMIGRATION JUDGES TO S. BORDER — DOJ Politicos Caused 276% Jump In NY Court Adjournments! — Then, DOJ Tried To Cast False Blame On Immigration Attorneys, Judges, & Obama Administration For Wasteful Adjournments That Sessions’s Politicos Had ORDERED — More Of My Interview With NBC Investigative Reporter Jodie Fleischer As Nationwide Expose Widens! — Stop The Abuse Of Due Process & Public Purse For Political Ends! — America Needs An Independent U.S. Immigration Court NOW!

Here’s the TV clip:

http://www.nbcnewyork.com/news/local/Immigration-Court-New-York-Judge-Investigation-448498463.html

Here’s the story:

As part of a joint six-month investigation, NBC-owned television stations across the country interviewed retired and current immigration judges, some of whom said the backlog is threatening to overwhelm the court

By Chris Glorioso, Dave Manney, Erica Jorgensen and Evan Stulberger

Documents from the Trump administration show the president’s plan to ship more immigration judges for temporary assignments in border states is encountering a fundamental problem: there isn’t enough work for all the new judges to do.
According to an assessment of “Surge Hearing Locations,” dated April 4, 2017, the Department of Justice found six of the 17 immigration courts receiving transferred judges could not give those judges enough work to support a full docket.
INVESTIGATIVE’Phantom’ Judges Cause Confusion in NYC Immigration Court
In the assessment and supporting documents, DOJ staffers wrote about an immigration court in Karnes, Texas, where there was “concern regarding the lack of filings to sustain details from other courts”

Immigration: Crisis in the Courts
An overview on how immigration judges are struggling with a punishing backlog that in many cities is pushing cases far into the future, slowing deportations and leaving families in limbo.

The same assessment says another court in Texas’s Prairieland Detention Center “is not receiving enough cases to truly fill a docket or even come close to it.”
At the court inside Texas’s Dilly Family Residential Center, DOJ staffers wrote “the one judge detailed there is not occupied.”

At New Mexico’s Cibola County Detention Center, DOJ staffers found the caseload “has not been sufficient to keep the two immigration judges assigned to this docket occupied.”

Staffers also noted two empty courtrooms at New Mexico’s Otero immigration facility — and concluded there were “insufficient caseloads for further deployments.”

Scheduling records show the Justice Department repeatedly assigned five transferred judges to the immigration court in Louisiana’s LaSalle Detention Facility, even though an assessment of the court found “at this time there is not enough work for five judges. There is enough work for a reasonable docket and three judges.”

The report went on to conclude that inefficient transferring of detainees often means “there is very little work for a detailed judge to complete.”

In most cases, the transferred judges spend two weeks to a month hearing cases in out-of-state court.

The Department of Justice declined to comment for this story, but in response to a previous inquiry by Politico, an agency spokesman said “After the initial deployment, an assessment was done to determine appropriate locations to increase the adjudication of immigration court cases without compromising due process.”

While transferred judges may have had light workloads when they arrived in some of the border state courts, there is evidence the dockets they left behind suffered in their home courts.

A joint analysis by the News 4 I-Team and Telemundo 47 Investiga found case adjournments in New York City’s immigration court went up 276 percent — from an average of 139 adjournments in the three months before the judge transfers began, to 522 in the three months after judge transfers began.

Despite that, the Trump administration has increased its target from 50 judge reassignments, to at least 137 nationwide. Nineteen New York City immigration judges — more than half of the city’s 32-judge staff – participated in the temporary transfer program.

Olga Byrne, an advocate for refugees at Human Rights First, a nonprofit that represents asylum-seekers in court, said immigration attorneys at her organization have noticed the spike in adjournments and questioned whether judicial assignments border state assignments are worth the trouble.

“We’ve been in touch with a couple of judges who have expressed a lot of frustration about being sent to a detention center where they could take a long lunch break,” said Byrne. “They had only a few cases to consider for a whole week and yet they had to defer hundreds of cases from their docket in their home court.”


But it is clear the Trump Administration knew its decision to deploy more judges to border states would likely have negative impacts on dockets those judges leave behind in their home states.
In response to questions from U.S. Senate staffers, a DOJ memo concedes that “it is likely that the case backlog will increase for the locations from which an Immigration Judge is assigned.”

In New York City alone, there are more than 82,000 immigrants waiting for a court hearing. The average wait time is north of two and a half years. Nationwide, the immigration case backlog stands at more than 617,000.
Rep. Adriano Espaillat (D – Upper Manhattan), who came to America as an undocumented immigrant, said he fears the Trump administration is over-staffing border state courts to rapidly deport current border-crossers, while ignoring the population of non-detained immigrants who’ve been living and working in America’s big cities, hoping for a shot at citizenship for years.
“By shifting judges to the border, they are in fact maybe predicting that there will be lots of cases before them in those jurisdictions,” Espaillat said. “I am concerned this is part of a greater effort to put together a deportation machine – and proceed to arrest and deport thousands of people who are undocumented.”

This isn’t the first time a presidential initiative has been criticized for mucking up immigration court schedules and exacerbating the nationwide case backlog.
During the Obama Administration, the Justice Department launched an effort to prioritize court hearings for unaccompanied minors who enter the country illegally.

Byrne says that too was a political decision which negatively impacted the court’s ability to handle thousands of older cases languishing in the backlog.
“It’s not a new thing that they are basically fulfilling political objectives with the way that the immigration court dockets are managed,” Byrne said. “I think we should be equally critical of both [the Trump and Obama administrations] for using the immigration court to fulfill political objectives rather than focusing on making that court system work well and efficiently.”

 

Source: I-Team: Immigration Judges Sent to Courts With ‘Very Little Work’ – NBC New York http://www.nbcnewyork.com/investigations/Immigration-Court-New-York-Judge-Investigation-448498463.html#ixzz4uXiMR2xJ
Follow us: @nbcnewyork on Twitter | NBCNewYork on Facebook“

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To put this in context, during this massive abuse of the US Immigration Courts at the direction of Sessions and his incompetent politicos at the DOJ, the Chief Immigration Judge issued the notorious “Continuance Policy.”  That document not not very subtilely implied that unjustified continuance requests by private attorneys (all of them overburdened by the effects of ADR, and many working on a pro bono or “low bono” basis) and laxity in granting continuances by overwhelmed and demoralized U.S. Immigration Judges were major contributing factors in increasing backlogs. Nothing could be further from the truth!

In fact, conscientious Immigration Judges and dedicated private attorneys are the only ones trying to make this broken system work and to maintain at least a semblance of due process. Their main obstacles: improper politically-motivated interference from the DOJ and poor administration and failure to stand up to the politicos by out of touch bureaucrats at EOIR Headquarters in Falls Church who are afraid to “blow the whistle”because they value their jobs over due process. 

What kind of incompetents would draw the bulk of unneeded judicial details from what are known to be the most seriously backlogged Immigration Courts in the US, such as New York and Arlington? What type of incompetents would “study” the impact and need for the details after the fact, rather than carefully planning in advance? Assuming they were necessary (which they weren’t) why weren’t judicial details drawn from among the Assistant Chief Immigration Judges in Falls Church Headquarters who are never assigned actual cases? They, actually have time on their hands. And why does a system in crisis with inept management have highly-paid bureaucratic administrators like the ACIJs who never do any real judging? What makes a person a “judge”if he or she never “judges” anything?

Yes, as I’ve stated before, the Obama Administration enforcement policies and political interference from the Obama DOJ helped drive the backlogs to new heights. But, after taking over an obviously broken system, rather than doing the right thing and fixing the Immigration Courts with bipartisan legislation to create an independent Immigration Court System, with adequate resources, professional court administration, and freedom from political interference in its due process functions, the Trump Administration intentionally made things much, much worse! More judges have resulted in more backlogs because of politicized, incompetent judicial administration and poorly designed enforcement policies at DHS. If that doesn’t tell you something is seriously wrong, what will?

PWS

10-04-17

 

 

 

 

TRUMP’S COWARDLY DECISION TO CUT REFUGEE ADMISSIONS DURING REFUGEE CRISIS DEMEANS AMERICA AND DAMAGES OUR FUTURE — Refugees Contribute More To American Success Than Trump and His Grifter Colleagues Ever Will!

https://www.nytimes.com/2017/09/29/opinion/refugee-resettlement-trump.html

Admiral Michael G. Mullen writes in the NYT:

“Amid the world’s worst migrant crisis on record, the Trump administration is cutting back on refugee resettlement. As part of his travel ban, President Trump capped the number of refugees to be admitted in 2017 at 50,000, the lowest number in decades. Now the administration has proposed lowering the goal even further, to 45,000, next year.
Over the years, the United States has lived up to its ideals and brought millions of refugees to safety and freedom. It didn’t become a resettlement leader out of pure altruism. By welcoming refugees, the United States revitalizes its democracy and its economy, helps preserve or restore stability in volatile regions of the world, and builds respect.
In slashing resettlement, the president is taking a recklessly narrow view of how best to put America first. Shutting out refugees would not only increase human suffering; it would also weaken the country and undermine its foreign policy.
There are more than 22 million refugees in the world, the highest number since World War II. Even before the Trump presidency, the United States response to this crisis was relatively modest. In fiscal year 2016, the United States resettled about 84,000 refugees, the most of any year under President Barack Obama. For comparison’s sake, the country took in roughly 200,000 refugees a year in the early 1980s under President Ronald Reagan.
Nonetheless, the resettlement effort under President Obama served American interests. For one thing, it helped the states that host the vast majority of Syrian refugees: Jordan, Turkey and Lebanon. (In fiscal year 2016, 12,500 of the refugees resettled by the United States came from Jordan, a key American ally in a strategically crucial region.) The huge influx of refugees into these nations has strained their resources and infrastructure, becoming a potential source of instability and even conflict. By resettling refugees, the United States helps preserve stability and sends a message of support to countries whose cooperation it needs on a range of issues.
The Trump administration’s cuts to resettlement send the exact opposite message. It is a message heard across the region, by enemies as well as friends of the United States. Restricting resettlement, especially in the context of the travel ban, appears to validate the propaganda of the Islamic State and other extremist groups, which claims that the United States is hostile to Muslims. The battle against violent extremism must be fought with guns, but also with ideas. Slamming the door on refugees is a significant strategic blunder.
Opponents of refugee resettlement would have you believe that the country’s enemies are exploiting the program. There is no factual basis for this claim. In fact, of all the people who enter the United States, refugees are the most thoroughly vetted. The screening process is exhaustive and lengthy, and involves numerous agencies. Our intelligence and national security professionals can both vet refugees and protect Americans. Indeed, they’ve done just that for years.
Refugees are victims of extremist groups and brutal governments. They become patriotic, hard-working Americans. Refugees are us. They are teachers, police officers, doctors, factory workers and soldiers. There are thousands of former refugees and children of refugees in the United States military. I served alongside many who were eager and proud to give back to the country that helped them in their time of need.
It’s no wonder that numerous studies have found that refugees are a net benefit to the American economy. The administration’s own study — which the president solicited from the Department of Health and Human Resources — concluded that refugees added $63 billion to the economy between 2005 and 2014.
Support for refugees creates another form of currency for the United States. Call it respect or admiration or credibility, this currency accrues when the United States leads by example and champions human rights on the world stage. It’s an invaluable and fungible resource, amassed over many decades. It enables the United States to forge ties with democratic movements. It also helps Washington persuade allies to do difficult things and pressure foes to stop their bad behavior. It is crucial to forging trade pacts, military coalitions and peace deals.
More than any other resource — including military and economic might — this accounts for American greatness. We sacrifice it at our peril.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.
Michael G. Mullen, a retired United States Navy admiral, was the chairman of the Joint Chiefs of Staff from 2007 to 2011 and serves on the board of Human Rights First.”

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The greatest threat to America’s national security is Donald Trump and his enablers. And, it doesn’t take any type of “extreme vetting” to figure this out. Just common sense and human decency. Thanks, Admiral Mullen for “telling it like it is,” and continuing to support real American values and national interests in this time of darkness brought upon us by the Trump Administration.

 

PWS

09-26

 

TRUMP’S “GONZO” ENFORCEMENT POLICIES PRODUCE MORE REMOVAL ORDERS BUT FEWER ACTUAL DEPORTATIONS! — CRIMINAL DEPORTATIONS FALL AS DHS PICKS ON NON-CRIMINALS! — MINDLESS ABUSE OF ALREADY OVERWHELMED IMMIGRATION COURT DOCKETS ACTUALLY INHIBITS ABILITY TO CONCENTRATE ON CRIMINALS!

Read this eye opener from Maria Sacchetti in the Washington Post about how the Administration manipulates data to leave a false impression of effective law enforcement.

https://www.washingtonpost.com/local/immigration/trump-is-deporting-fewer-immigrants-than-obama-including-criminals/2017/08/10/d8fa72e4-7e1d-11e7-9d08-b79f191668ed_story.html?hpid=hp_hp-more-top-stories_immigration-540am%3Ahomepage%2Fstory&utm_term=.a8889396e334

“By Maria Sacchetti August 10 at 9:43 PM
President Trump has vowed to swiftly deport “bad hombres” from the United States, but the latest deportation statistics show that slightly fewer criminals were expelled in June than when he took office.

In January, federal immigration officials deported 9,913 criminals. After a slight uptick under Trump, expulsions sank to 9,600 criminals in June.

Mostly deportations have remained lower than in past years under the Obama administration. From January to June, Immigration and Customs Enforcement deported 61,370 criminals, down from 70,603 during the same period last year.

During the election, Trump vowed to target criminals for deportation and warned that they were “going out fast.” Later, he suggested he would try to find a solution for the “terrific people” who never committed any crimes, and would first deport 2 million to 3 million criminals.

But analysts say he is unlikely to hit those targets. Since January, immigration officials have deported more than 105,000 immigrants, 42 percent of whom had never committed any crime.

Last year, a total of 121,170 people were deported during the same period, and a similar percentage had no criminal records.

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John Sandweg, the former acting director of Immigration and Customs Enforcement, said part of the reason for the decline is that illegal border crossings have plunged since Trump took office pledging to build a “big, beautiful” wall and crack down on illegal immigration. Immigrants caught at the border accounted for a significant share of deportations under the Obama administration.

 

Another factor, however, is that immigration officials are arresting more people who never committed any crime — some 4,100 immigrants in June, more than double the number in January — clogging the already backlogged immigration courts and making it harder to focus on criminals.

Immigration and Customs Enforcement released the deportation figures, which the Post had requested, late Thursday, two days after the Justice Department announced that immigration courts ordered 57,069 people to leave the United States from February to July, a nearly 31 percent increase over the previous year.

However, Justice officials have not said how many of the immigrants ordered deported were actually in custody — or if their whereabouts are even known. Every year scores of immigrants are ordered deported in absentia, meaning they did not attend their hearings and could not immediately be deported.

The deportation figures come as the Trump administration is fighting with dozens of state and local officials nationwide over their refusal to help deport immigrants, and as the administration is attempting to reduce legal and illegal immigration.”

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It appears that many of the increased removal orders touted by DOJ/EOIR earlier this week might have been “in absentia” orders, issued without full due process hearings and all too often based on incorrect addresses or defective notices. Some of those orders turn out to be unenforceable. Many others require hearings to be reopened once the defects in notice or reasons for failure to appear are documented. But, since there wild inconsistencies among U.S. Immigration Judges in reopening in absentia cases, “jacking up” in absentia orders inevitably produces arbitrary justice.

The article also indicates that the Administration’s mindless overloading of already overwhelmed U.S. Immigration Courts with cases of non-criminal migrants has actually inhibited the courts’ ability to concentrate on criminals.

Taxpayer money is being squandered on “dumb” enforcement and a “captive court system” that no longer functions as a provider of fairness, due process, and justice. How long will legislators and Article III judges continue to be complicit in this facade of justice?

PWS

08-11-17

 

“NORMALIZING” THE ABSURD: While EOIR Touts Its Performance As Part Of Trump’s Removal Machine, Disingenuously Equating Removals With “Rule of Law,” The Ongoing Assault On Due Process In U.S. Immigration Courts Continues Unabated — Read The Latest SPLC Complaint About The Judges In The Stewart Detention Facility!

What if the U.S. Supreme Court proudly announced that as part of President Trump’s initiative to deregulate it had struck down 30% more regulations since Trump took office? What if the U.S. Court of Appeals for the Second Circuit announced that as part of the Administrations’s War on Drugs they had reassigned more U.S. District Judges to pretrial detention facilities and had produced 30% more convictions and 40% longer sentences for drug offenders than under the previous Administration. Might raise some eyebrows! Might show a lack of independence and due process in the Courts and lead one to believe that at least some U.S. Judges were betraying their duties to act impartially and their oaths to uphold the U.S. Constitution.

But yesterday, in truly remarkable press release, America’s largest court system, the United States Immigration Court proudly announced that they had joined the President’s xenophobic crusade against foreign nationals by assigning more Immigration Judges to railroad out of the country individuals detained, mostly without counsel, in remote locations along the Southern Border. EOIR touted that over 90% of the individuals in detention facilities lost their cases and were ordered removed from the U.S. (although as anyone familiar with the system knows, many of these individuals are refugees who have succeeded at rates of 43% to 56% on their claims over the past five fiscal years). To add insult to injury, EOIR had the audacity to caption its press release “Return to Rule of Law in Trump Administration!”

Don’t believe me? Check out the full press release here:

“Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Tuesday, August 8, 2017

Return to Rule of Law in Trump Administration Marked by Increase in Key Immigration Statistics

The Executive Office of Immigration Review today released data on orders of removal, voluntary departures, and final decisions for the first six months of the Trump Administration.

 

The data released for Feb. 1, 2017 – July 31, 2017 is as follows:

 

  • Total Orders of Removal [1]: 49,983
    • Up 27.8 percent over the same time period in 2016 (39,113)

 

  • Total Orders of Removal and Voluntary Departures [2]: 57,069
    • Up 30.9 percent over the same time period in 2016 (43,595)

 

  • Total Final Decisions [3]: 73,127
    • Up 14.5 percent over the same time period in 2016 (63,850)

 

Pursuant to President Trump’s Jan. 25 Executive Order, “Border Security and Immigration Enforcement Improvements,” the Department of Justice mobilized over one hundred existing Immigration Judges to Department of Homeland Security (DHS) detention facilities across the country. Over 90 percent of these cases have resulted in orders requiring aliens to depart or be removed from the United States. The Justice Department has also hired 54 additional Immigration Judges since President Trump took office, and continues to hire new Immigration Judges each month.

 

In addition to carrying out the President’s Executive Order, the Justice Department is also reviewing internal practices, procedures, and technology in order to identify ways in which it can further enhance Immigration Judges’ productivity without compromising due process.

 

[1] An “order of removal” by an Immigration Judge results in the removal of an illegal alien from the United States by the Department of Homeland Security.

[2] Under an order of “voluntary departure”, an illegal alien agrees to voluntarily depart the United States by a certain date. If the illegal alien does not depart, the order automatically converts to an order of removal.

[3] A “final decision” is one that ends the proceeding at the Immigration Judge level such that the case is no longer pending.

 

 

 

Topic(s):

Immigration

Component(s):

Executive Office for Immigration Review

Press Release Number:

17-889″

 

Yet, the absurdity of something that once purported to be a “court system” dedicated to guaranteeing “fairness and due process for all,” becoming part of the Administration’s border enforcement machine, stomping on the due process rights of those it was supposed to protect, went largely unnoticed in the media.

But, wait a minute, it gets worse! Recently, the widely respected journalist Julia Preston, now writing for the Marshall Project, told us how U.S. Immigration Judges in Charlotte, NC mock due process and fairness for asylum seekers.

http://immigrationcourtside.com/2017/07/31/u-s-immigration-courts-apear-stacked-against-central-american-asylum-applicants-charlotte-nc-approval-rates-far-below-those-elsewhere-in-4th-circuit-is-precedent-being-misapplied/

Now, the Southern Poverty Law Center (“SPLC”) details how, notwithstanding previous complaints, eyewitnesses have documented the attack on fundamental fairness and due process by U.S. Immigration Judges at the DHS Stewart Detention Facility (why would “real judges” be operating out of a DHS Detention Facility?). Here’s a summary of the report from SPLC:

SPLC DEMANDS DEPARTMENT OF JUSTICE TAKE ACTION AGAINST IMMIGRATION JUDGES VIOLATING DETAINEES’ CONSTITUTIONAL RIGHTS

Some judges at the Stewart Immigration Court in Georgia routinely break the rules of professional conduct and continue to violate the constitutional rights of detainees – failures that require action, including the possible removal of one judge from the bench, according to a complaint the SPLC lodged with the U.S. Justice Department’s Executive Office for Immigration Review (EOIR) today.

The complaint, which comes almost a year after the SPLC and Human Rights First notified the agency about the judges, describes how they fail to explain basic legal information to immigrants, or even demonstrate the necessary dignity and courtesy the rules of conduct require.

The complaint notes that after one man told a judge that he had grown up in the United States, the judge said that if he were truly an American, he “should be speaking English, not Spanish.” The findings come after the SPLC spent a month observing the hearings of 436 people.

The federal agency has claimed that it initiated discussions with the judges after the initial complaint was filed in late August 2016, but the SPLC’s courtroom observers and its experience representing detainees continue to uncover issues at the court, which is inside the privately operated Stewart Detention Center in rural Lumpkin, Georgia.

“The people appearing before this court are already being held at the Stewart Detention Center, often far from their family and friends,” said Dan Werner, director of the SPLC’s Southeast Immigrant Freedom Initiative, which represents immigrants detained at Stewart. “They are scared and unsure of their rights when they go before judges whose behavior gives no assurance that they’ll receive a fair hearing. In fact, their behavior makes a mockery of the legal system.”

The SPLC’s courtroom observers found a number of issues, including judges failing to provide interpretation services for the entire court proceeding. They also failed to provide rationales for their decisions, provide written notification about future proceedings to the detainees, or grant routine procedural motions.

The complaint describes how Judge Saundra Arrington stands out for her lack of professionalism and hostility toward immigrant detainees – behavior warranting reprimand, suspension or even removal from the bench, according to the complaint.

Arrington, who goes by the last name Dempsey but is referred to as Arrington in EOIR records, began hearings with one immigrant by prejudicially noting he had a “huge criminal history,” comprised of nine convictions for driving without a license over 15 years. It was Arrington who told a detainee that he should speak English if he grew up in the United States and believed he was American.

She also refused to allow two attorneys appear on behalf of an immigrant, stating that there may be “one lawyer per case” despite attorneys explaining they had filed the necessary paperwork. Two attorneys, however, were allowed to appear on behalf of Immigration and Customs Enforcement Office of Chief Counsel.

Judge Dan Trimble, according to the complaint, denied bond for a detainee without looking at the bond motion. He also rarely refers detainees to the detention center’s “Legal Orientation Program,” which provides information about court proceedings and offers assistance.

“The Department of Justice must take action to stop this behavior that is undermining the legal system,” said Laura Rivera, SPLC staff attorney. “Every day that this behavior is allowed to continue is a day dozens of people have their rights denied.”

The SPLC launched the Southeast Immigrant Freedom Initiative (SIFI) at the detention center earlier this year to provide free legal representation to immigrants who have been detained and are facing deportation proceedings.

A recent national study found that between 2007 and 2012, only 6 percent of detainees at the Stewart Detention Center were represented by counsel – far below the national representation rate of 37 percent, according to the SPLC complaint. Immigrants with counsel are approximately 20 times more likely to succeed in their cases.

Beginning this month, SIFI will expand to other detention centers throughout the Southeast. When fully implemented, it will be the largest detention center-based deportation defense project in the country.

And, here’s a link to the complete shocking report.

eoircomplaintletter

Folks, all of the abuses detailed in this post are being carried out by U.S. government officials at EOIR charged with protecting the due process rights of vulnerable migrants and asylum seekers. In other words, under pressure from the Trump Administration and the Sessions DOJ, some EOIR employees have disregarded their duty to the U.S. Constitution to provide due process for vulnerable migrants in Removal Proceedings. How long will the pathetic mockery of justice masquerading as “judicial proceedings” that is occurring in some (certainly not all) parts of the U.S. Immigration Court system be allowed to continue?

PWS

08-10-17

 

 

 

GOP ATTACK ON DUE PROCESS: HOUSE GOP ADVANCES BILL TO EVISCERATE U.S. ASYLUM SYSTEM — WOULD RETURN CHILDREN, WOMEN & FAMILIES TO LIFE THREATENING SITUATIONS WITHOUT DUE PROCESS! — STOP H.R. 391!

http://www.humanrightsfirst.org/press-release/house-bill-would-return-persecuted-refugees-danger

Human Rights First reports:

HOME / PRESS RELEASE / HOUSE BILL WOULD RETURN PERSECUTED REFUGEES TO DANGER
July 26, 2017
House Bill Would Return Persecuted Refugees to Danger

 

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Immigration Detention, Refugee Protection
Washington, D.C.—Human Rights First today urged members of the House Judiciary Committee to reject the Asylum Reform and Border Protection Act when it marks up the legislation today. The bill would severely undermine access to protection for genuine refugees.

“The proposed legislation does nothing to enhance the integrity of our asylum system, but instead puts individuals, particularly women and children, at grave risk of return to persecution, trafficking, and death in their home or third countries,” said Human Rights First’s Eleanor Acer. “Instead, this bill is a disgraceful attempt to evade U.S. refugee protection responsibilities and foist them on to other countries. Not only would this effort undermine U.S. global leadership, but it would set a poor example for the countries hosting the vast majority of the world’s refugees. The bill would make it even more difficult for refugees to receive asylum in our already rigorous asylum system and leave vulnerable children, families, and other individuals at risk of severe harm or death.”

The bill seeks to make it harder for those fleeing persecution and torture to file for asylum in the United States, a process already fraught with obstacles. Several groups of particularly vulnerable individuals—including children, women, and LGBTQ asylum seekers—would be disproportionately impacted by certain provisions, which essentially eliminate protection for refugees who have been victims of crimes in their home countries. The bill attempts to eliminate the statutory basis for release on parole, which would leave asylum seekers detained in violation of U.S. treaty obligations, and held in jails and facilities with conditions similar to jails despite the existence of more cost-effective and humane alternative measures that result in compliance and appearance at hearings. The bill also seeks to ban federal government-funded counsel, including for unaccompanied children, some of whom are toddlers or even younger.

Human Rights First, along with 73 other rights and immigration groups, sent a letter to members of the committee today urging them to reject the legislation. Among many changes to law, the Asylum Reform and Border Protection Act of 2017 would:

Raise the expedited removal screening standard to an unduly high level. The bill would require that an asylum seeker—in order to even be allowed to apply for asylum—not only show a “significant possibility of establishing eligibility for asylum” but also prove it is more likely than not that his or her statements are true—the standard for a full adjudication, not a summary screening interview.
Appear to prevent arriving asylum seekers who have passed the credible fear screening process from being paroled from immigration detention, instead leaving them in jails and jail-like facilities for months or longer, even though there are more fiscally-prudent and humane alternatives that have been proven effective.
Deny asylum to large numbers of refugees based on transit or stays in countries where they had no legal status, or no lasting legal status, and to which they cannot be returned in most cases. This provision would seek to deny asylum to many refugees who have passed through Mexico, despite the risks and severe protection deficiencies there. In addition, refugees—who may have languished in a refugee camp for decades without the ability to legally work, access education or secure legal permanency—with valid claims would be left in a state of uncertainty, with no prospects for a durable solution and no secure future for themselves and their children.
Allow asylum applicants and unaccompanied children to be bounced to third countries (such as Mexico) despite the dangers and lack of protection from return to persecution there, and in the absence of any agreement between the United States and the countries in question for the reception of asylum seekers.
Categorically deny asylum and withholding of removal to refugees targeted for criminal harm—including rape and killing—based on their membership in a particular social group in their countries of origin. This extraordinarily broad provision would deny protection to asylum seekers who have been beaten for being gay, who have suffered horrific domestic abuse, or who have been treated as property by virtue of their status as women, to name but a few examples. It would also effectively eliminate asylum eligibility or withholding of removal for asylum seekers who have been victims of or who fear persecution related to gang violence in their home country.
State that the government not bear expense for counsel. The bill also states that in no instance will the federal government bear expense for counsel for anyone in removal or appellate proceedings. Children – including toddlers – the mentally disabled, and other vulnerable people cannot represent themselves in our complex immigration system.
Last week Human Rights First released a new report assessing the dangers facing refugees in Mexico in the wake of proposals from the Trump Administration and Congress to block refugees passing through Mexico from seeking protection in the United States. The analysis, “Dangerous Territory: Mexico Still Not Safe for Refugees” finds that migrants and refugees in Mexico face risks of kidnapping, disappearance, sexual assault, and trafficking, and that Mexican authorities routinely deport individuals to their home countries regardless of whether they fear return to persecution and the country’s human rights obligations.

Human Rights First notes that when Congress—with strong bipartisan support—passed the Refugee Act of 1980, the United States codified its commitment to the 1951 Refugee Convention and its Protocol. Under those treaties, states can’t return refugees to places where their lives or freedom would be threatened or reject potential refugees at the border. The United States is also a party to the Convention Against Torture, which prohibits governments from sending people to places where they would be in danger of being tortured, and to the International Covenant on Civil and Political Rights which prohibits the arbitrary detention of asylum seekers and migrants. Instead of turning away those seeking protection, the United States should be doing more to ensure their protection claims are properly assessed and due process is safeguarded.

“At a time when the world faces the largest refugee crisis in history, this bill sends a dangerous message to other nations, including those who host the overwhelming majority refugees: that the United States intends to shirk its responsibility to those fleeing violence and persecution,” added Acer.

For more information or to speak with Acer, contact Corinne Duffy at 202-370-3319 or DuffyC@humanrightsfirst.org.

PRESS CONTACT

Corinne Duffy
202-370-3319
Email Corinne
RELATED EXPERTS

Eleanor-Acer-HRF-2006.jpg

Eleanor Acer
Senior Director, Refugee Protection
RELATED PRESS RELEASES

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I also highly recommend this “spot on” analysis by David Bier of the Cato Institute of this warped and misguided attempt by GOP restrictionists in the House to destroy Due Process in the U.S. Asylum system without in any way addressing the real issues — conditions in foreign countries and our outdated and unuduy restrictive legal immigration system.

I Bier writes:

NOTE: The charts and formatting are much better if you go to,the link than on the reprinted version below.

https://www.cato.org/publications/public-comments/statement-hr-391-asylum-reform-border-protection-act

Statement for the Record of David Bier of the Cato Institute* Submitted to House Committee on the Judiciary Markup of “H.R. 391 – Asylum Reform and Border Protection Act” July 26, 2017

The Asylum Reform and Border Protection Act (H.R. 391) would undermine the individual rights of people fleeing persecution and violence to seek asylum in the United States. The bill would obliterate the current asylum standards and now require asylum seekers to prove their claims to an impossible degree immediately upon their arrival at the border—without access to the documents or witnesses that they would need to do so. The government would then promptly deport without a hearing before an immigration judge those who fail this unattainable requirement, possibly to endure violence or persecution. The authors claim that this radical change is necessary due to an unprecedented surge of asylum applicants. In the 1990s, however, a similar surge of asylum seekers arrived in the United States, and Congress adopted much less severe reforms than those proposed in this bill. Even assuming that the applicants are submitting asylum applications for the sole purpose of gaining entrance to the United States, the bill does nothing to address the underlying cause of the problem: the lack of a legal alternative to migrate. As long as legal immigration remains impossible for lesser- skilled workers and their family members, unauthorized immigration of various kinds will continue to present a challenge. Asylum rule change will result in denials of legitimate claims Current law requires that asylum seekers at the border assert a “credible fear” of persecution.1 Asylum officers determine credibility based on whether there is a “significant possibility” that, if they allow the person to apply, an immigration judge would find that the fear is “well-founded,” a higher standard of proof. The credible fear interview screens out only the claims that obviously have “no possibility, or only a minimal or mere possibility, of success,” as U.S. Citizenship and Immigration Services (USCIS) puts it.2 If the USCIS asylum officer rejects the claim as not credible, the applicant may ask an immigration judge to review the determination the next day but is not granted a full hearing. Customs and Border Protection removes those who fail to assert or fail to articulate a credible fear. H.R. 391 would impose a much higher standard simply to apply for asylum in the United States. In addition to demonstrating that they had significant possibility of successfully proving their claim to an immigration judge, it would require applicants to prove that it is “more probable than

* The Cato Institute is a libertarian 501(c)(3) nonprofit think tank founded in 1977 and located in Washington D.C.

not” that their claims are true—a preponderance of the evidence standard.3 This standard eviscerates the lower bar that Congress established. The committee simply cannot expect that asylum seekers who may have had to sneak out of their country of origin in the dead of night or swim across rivers to escape persecution will have sufficient evidence the moment they arrive in the United States to meet this burden. In 2016, a group of Syrian Christians who traveled thousands of miles across multiple continents and then up through Mexico to get to the United States arrived at the border to apply for asylum.4 Thankfully, they met the credible fear standard and were not deported, which enabled them to hire an attorney to help them lay out their claim, but this new standard could endanger anyone who follows their path. An inability to provide sufficient evidence of their religion, nationality, residence, or fear would result in deportation immediately after presenting themselves at the border. The authors imply that requiring them to prove their statements are true is not the same as requiring them to prove their entire asylum case, but this is a distinction without a difference.5 Asylum applicants must state a “credible fear” of persecution. Those statements would then be subject to the much more stringent standard. Of course the government should demand the truth from all applicants, but this is a question of the standard by which asylum officers should use to weed truth from falsehood. It is virtually impossible that, by words alone, asylum seekers could prove that it is “more probable than not” that their statements are true. The committee should consider this fact: in 2016, immigration judges reversed nearly 30 percent of all denials of credible fear that came to them on appeal.6 This means that even under the current law, asylum officers make errors that would reject people with credible claims of persecution. If Congress requires an even greater burden, many more such errors will occur, but faced with the higher evidentiary requirement, immigration judges will have little choice but to ratify them. Here is another sign that the truth is not enough: asylum applicants with attorneys were half as likely to have their asylum denied by immigration judges in 2016 as those without attorneys. Indeed, 90 percent of all applicants without counsel lose their case, while a majority with counsel win theirs.7 This demonstrates that people need more than just honesty—they also need to understand what evidence is relevant to their case and need help to gather documents, witnesses, and other evidence to support their claim. For these reasons, Congress never intended the credible fear interview as a rigorous adversarial process because it wanted to give people who could credibly articulate a fear of persecution an opportunity to apply. It knew that while some people without legitimate claims would be able to apply, the lower standard of proof would protect vulnerable people from exclusion. As Senator Alan Simpson, the sponsor of the 1996 bill that created the credible fear process, “it is a significantly lesser fear standard than we use for any other provision.”8 Indeed, during the debate over the compromise version of the bill, proponents of the legislation touted that the fact that they had dropped “the more probable than not” language in the original version.9

Asylum surge is not unprecedented People can either apply for asylum “affirmatively” to USCIS on their own or they can apply “defensively” after they come into the custody of the U.S. government somehow, such as at the border or airport, to an immigration judge, which would include the credible fear process. If USCIS denies an “affirmative” applicant who is in the country illegally, the government places them in removal proceedings before an immigration judge where they can present their claim again. Reviewing the data on asylum claims, two facts become clear: total asylum claims peaked in the 1990s, and a substantial majority of claims are affirmative—that is, done voluntarily, not through the credible fear process or through removal proceedings. Although credible fear claims—a process that was first created in 1997—have increased dramatically, the overall number of asylum claims has still not reached the highs of the early 1990s. Unfortunately, the immigration courts have not published the number of cases that they received before 1996, but as Figure 1 shows, the United States has experienced similar surges of asylum seekers to 2016.10

Figure 1 Asylum Applications Received and Credible Fear Claims Approved, 1985-2016 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 USCIS Asylum Cases Immigration Judge Asylum Cases Credible Fear Approvals Sources: Department of Justice; Department of Homeland Security, and U.S. Citizenship and Immigration Services It is noteworthy that in the midst of the surge in the 1990s, Congress did not adopt the draconian approach that this bill would require. Rather, it created the credible fear process that the bill would essentially eliminate. The authors of the legislation, however, argue that the Obama administration turned the credible fear process into a rubber stamp, allowing applicants to enter regardless of the credibility of their claims. But again a look at the numbers undermines this 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

It is noteworthy that in the midst of the surge in the 1990s, Congress did not adopt the draconian approach that this bill would require. Rather, it created the credible fear process that the bill would essentially eliminate. The authors of the legislation, however, argue that the Obama administration turned the credible fear process into a rubber stamp, allowing applicants to enter regardless of the credibility of their claims. But again a look at the numbers undermines this

narrative. As Figure 2 highlights, the Obama administration denied an average of about 25 percent of all asylum seekers from 2009 to 2016.11

Figure 2 Credible Fear of Persecution Claims, FY 1997 to 2017 120,000 100,000 80,000 60,000 40,000 20,000 0 Completed Cases (left) Approval Share (Rate) Sources: Rempell (1997-2008); USCIS (2009-2016)

Despite fluctuations of up to 35 percentage points during this time, there is simply no relationship at all between the rate of approval and the number of claims being made. Factors other than the approval rate must be driving the number of applications. Some of these claims are undoubtedly invalid or even fraudulent, but given that a majority of claims by individuals with representation in immigration court win their asylum claims, it is obvious that the credible fear process has protected many people from deportation to persecution abroad.12 If fraudulent claims are a concern, Congress can best address it in the same way that it has successfully addressed other aspects of illegal immigration from Mexico: through an expansion of legal immigration. During the 1950s and again recently in the 2000s, Congress expanded the availability of low-skilled guest worker visas, which led to a great reduction in the rate of illegal immigration. Figure 3 presents the number of guest workers entering each year and the number of people each border agent apprehended each year—the best available measure of illegal immigration. It shows that the period of high illegal immigration occurred almost exclusively during the period of restrictive immigration.13 Most guest workers today are Mexicans.14 This is largely due to the fact that the current guest worker programs are limited to seasonal temporary jobs and Mexico is closer to the United

States, which makes trips to and from the United States easier. By comparison, most asylum seekers are from Central America. Assuming that a significant portion of these asylum seekers are either reuniting with illegal residents already in the United States or are seeking illegal residence themselves, these seasonal programs are unavailable to them.

Figure 3 Guest Worker Entries and Apprehensions of Illegal Aliens per Border Patrol Agent, 1946-2015 1,200 500,000 1,000 800 600 400 200 400,000 300,000 200,000 100,000 00 Apprehensions Per Agent (left) Guest Workers (Right) Sources: Border Patrol; Immigration and Naturalization Service; Department of Homeland Security 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014

Congress should create a temporary work visa program for low-skilled workers in year-round jobs, similar to the H-1B visa for high-skilled workers.15 This would cut down on asylum fraud and illegal immigration without the downsides that this bill presents.

1 8 U.S. Code § 1225 2 U.S. Citizenship and Immigration Services, “Lesson Plan Overview – Credible Fear,” February 28, 2014, http://cmsny.org/wp-content/uploads/credible-fear-of-persecution-and-torture.pdf. 3 P. 2 Justia, “Evidentiary Standards and Burdens of Proof,” https://www.justia.com/trials-litigation/evidentiary-standards- burdens-proof/ 4 Molly Hennessy-Fiske, “Who were the Syrians who showed up at the Texas border? Some are Christians,” Los Angeles Times, December 7, 2015, http://www.latimes.com/nation/la-na-syrian-texas-christians-20151207- story.html 5 “Markup of H.R. 1153, The Asylum Reform and Border Protection Act,” House Judiciary Committee, March 4, 2015, https://judiciary.house.gov/wp-content/uploads/2016/02/03.04.15-Markup-Transcript.pdf. 6 U.S. Department of Justice Executive Office for Immigration Review, “FY 2016 Statistics Yearbook,” March 2017, https://www.justice.gov/eoir/page/file/fysb16/download. 7 TracImmigration, “Continued Rise in Asylum Denial Rates,” Syracuse University, December 13, 2016, http://trac.syr.edu/immigration/reports/448/. 8 142 Cong. Rec. S4492 (1996) https://www.congress.gov/crec/1996/05/01/CREC-1996-05-01-pt1-PgS4457.pdf 9 142 Cong. Rec. H11081 (1996) https://www.congress.gov/crec/1996/09/25/CREC-1996-09-25-pt1-PgH11071- 2.pdfhttps://www.congress.gov/crec/1996/09/25/CREC-1996-09-25-pt1-PgH11071-2.pdf 10 U.S. Department of Justice Executive Office for Immigration Review, “Statistics Yearbook,” https://www.justice.gov/eoir/statistical-year-book Department of Homeland Security, “Yearbook of Immigration Statistics 2004,” https://www.dhs.gov/sites/default/files/publications/Yearbook_Immigration_Statistics_2004.pdf U.S. Citizenship and Immigration Services, “Asylum Division Quarterly Stakeholder Meeting,” https://search.uscis.gov/search?utf8=%E2%9C%93&affiliate=uscis_gov&query=Asylum+Division+Quarterly+Stak eholder+Meeting&commit= 11 U.S. Citizenship and Immigration Services Asylum Division, “Credible Fear Data,” https://www.uscis.gov/sites/default/files/USCIS/Outreach/PED- Credible_Fear_Workload_Report_Summary_POE_and_Inland_Caseload_through_2015-09.pdf https://www.uscis.gov/sites/default/files/USCIS/Outreach/Upcoming%20National%20Engagements/PED_CredibleF earReasonableFearStatisticsNationalityReport.pdf https://www.uscis.gov/sites/default/files/USCIS/Outreach/PED- Credible_Fear_Workload_Report_Summary_POE_and_Inland_Caseload_through_2015-09.pdf https://www.chapman.edu/law/_files/publications/clr-18-rempell.pdf https://www.uscis.gov/sites/default/files/USCIS/Outreach/PED- _Credible_Fear_and_Reasonable_Fear_Statistics_and_Nationality_Report.pdf 12 http://trac.syr.edu/immigration/reports/448/ 13 Alex Nowrasteh, “Guest Worker Visas Can Halt Illegal Immigration,” Cato Institute, May 5, 2014, https://www.cato.org/blog/guest-worker-visas-can-halt-illegal-immigration. 14 Alex Nowrasteh, “H-2B Expansion Doubles Down on Successful Border Control Strategy,” Cato Institute, December 23, 2015, https://www.cato.org/blog/h-2b-expansion-doubles-down-successful-border-control-strategy. 15 Alex Nowrasteh, “How to Make Guest Worker Visas Work,” Cato Institute Policy Analysis 719, January 31, 2013, https://www.cato.org/publications/policy-analysis/how-make-guest-worker-visas-work.

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Bier’s report notes that U.S. Immigration Judges overruled approximately 30% of credible fear denials by the DHS Asylum Office. Although I did a modest number of credible/fear reasonable fear reviews, including some in temporary assignments to “detained courts” on the Southern Border, I found the number of erroneous credible/reasonable fear denials to be in the 80% to 90% range, including a number of cases that were “clear grants” under Fourth Circuit case law. The idea that Border Patrol Officer could fairly make these determinations is beyond preposterous!

Chairman Goodlatte and his GOP buddies seek nothing less than the end of a fair asylum adjudication system that fulfills our international mandates. H.R. 391 also makes a mockery of due process. In other words, the Goodlatte GOP crowd seeks to turn the U.S. into a “Third World” imitation of a democracy. These types of legislative tactics are exactly what I saw for 21 years of adjuducating claims from countries where the rule of law had broken down.

Whether immigration/refugee advocates or not, every American Citizen who cares about our Constitution and the rule of law should be fighting measures like this tooth and nail. If Goodlatte & Co. win, we all lose, and America will be well on its way to becoming just another third world facade of a democratic republic.

Rather than the totally bogus restrictionist agenda being pushed by Goodlatte and the GOP, here’s what REALLY should concern us as a nation, taken from one of my recent speeches:

“Our Government is going to remove those who lose their cases to countries where some of them undoubtedly will suffer extortion, rape, torture, forced induction into gangs, and even death. Before we return individuals to such possible fates, it is critical that they have a chance to be fully and fairly heard on their claims for protection and that they fully understand and have explained to them the reasons why our country is unwilling and unable to protect them. Neither of those things is going to happen without effective representation.

We should always keep in mind that contrary to the false impression given by some pundits and immigration “hard liners,” losing an asylum case means neither that the person is committing fraud nor that he or she does not have a legitimate fear of return. In most cases, it merely means that the dangers the person will face upon return do not fall within our somewhat convoluted asylum system. And, as a country, we have chosen not to exercise our discretion to grant temporary shelter to such individuals through Temporary Protected Status, Deferred Enforced Departure, or prosecutorial discretion (“PD”). In other words, we are returning them knowing that the effect might well be life threatening or even fatal in many cases.”

Picking on the already vulnerable, disposed, and endangered is what the Goodlatte/GOP restrictionist program is really about.

PWS

07-27-17

MY MOST RECENT SPEECHES: “MY LIFE & TIMES” — CATHOLIC LEGAL IMMIGRATION NETWORK (“CLINIC”), July 18, 2017; “JOIN THE ‘NEW DUE PROCESS ARMY’ — FIGHT FOR DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS” — HUMAN RIGHTS FIRST, JULY 19, 2017

On Tuesday July 18, 2107, I gave a luncheon address to interns and staff at the Catholic Legal Immigration Network (“CLINIC”) in Silver Spring, MD. My speech entitled “My Life & Times” is at this link:

MY LIFE

On Wednesday, July 19, 2017, I delivered the a luncheon address that was part of the Frankel Lecture Series at Human Rights First in Washington, D.C. & New York, NY (by televideo). My speech entitled “Join The ‘New Due Process Army’ — Fight For Due Process In The United States Immigration Courts” is at this link:

AMERICA’S REAL IMMIGRATION CRISIS

Both speeches are also reproduced in the left menu of immigrationcourtiside.com.

 

DUE PROCESS CRISIS IN THE U.S. IMMIGRATION COURTS: New Report Finds That Detained Migrants In The Arlington & Baltimore Courts Face Severe Access To Counsel Problems Which Can Be “Outcome Determinative!”

https://populardemocracy.org/sites/default/files/DC_Access_to_Counsel_rev4_033117 (1).pdf

This report (see link) was prepared and issued by the Center For Popular Democracy. Here are some key findings:

  • Every year, nearly 4,000 people in Washington, D.C. metropolitan area courts, Arlington, Virginia, and Baltimore, Maryland, face deportation in civil immigration court without the assistance of a lawyer. Based on original data analysis of Department of Justice records obtained through a Freedom of Information Act request, seven out of ten detained individuals in immigration court removal proceedings in Arlington, VA and eight out of ten in Baltimore, MD did not have any legal representation.
    • ■  People without lawyers faced enormous odds in fighting their deportation cases. Among detained immigrants without lawyers, people in Arlington were only successful in their cases 11 percent of the time and unrepresented people in Baltimore only successful 7 percent of the time.
    • ■  Having a lawyer in Arlington more than doubled a person’s chances of being able to remain in the U.S. and quadrupled a person’s chance of obtaining relief in Baltimore.
  • ■  Between 2010 and 2015, Immigration and Customs Enforcement (ICE) detained nearly 15,000 people in local and county jails2 throughout the states of Maryland and Virginia. In both regions, people who did not have lawyers were more than twice as likely to remain detained during the entirety of their immigration case, even if they may have been eligible for release on bond.
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Read the entire report which has some case histories in addition to charts and graphs.

The findings are disturbing because the Arlington and Baltimore Immigration Courts generally are considered among the best in the nation in striving to provide due process. The judges in each court are committed to representation and often go out of their way to encourage and facilitate the appearance of counsel. The ICE Chief Counsel’s Offices also appreciate and support pro bono representation.

Additionally, as noted in the report, the DC-Baltimore metropolitan area has a number of great organizations dedicated to providing pro bono lawyers, as well as local practitioners, “big law” firms, and numerous outstanding law school clinics, all of which support the pro bono program.

Yet even under these generally favorable conditions, the overwhelming majority of individuals on the detained dockets in both courts appear pro se, without a lawyer. And, the results with a lawyer are very significantly better than for those forced to represent themselves.

I fear that the new program of expanded immigration detention being planned by DHS, with courts operating in obscure, out of the way locations along the Southern Border, will further impede already limited access to counsel and therefore further degrade due process in our U.S. Immigration Courts.

Frankly, I have not seen any mention of the importance of due process or facilitating access to counsel in any of the many Trump Administration pronouncements on immigration. It’s all about enforcement, detention, removals, and prosecutions. Fairness and due process, which should always be paramount concerns, appear to be ignored.

In the end, it likely will be up to the already overworked and stressed pro bono bar, human rights groups, and community-based NGOs to enforce immigrants’ rights to counsel and to full due process. And, ultimately, that’s probably going to require litigation and intervention by the Article III Courts.

Thanks to Adina Appelbaum, who worked on this report, for bringing it to my attention.

PWS

04/13/17