THIRD WORLD AMERICA! – THE ATTACK OF THE SWAMP RATS! — Under Trump’s GOP, Americans Now Correctly View White House As The Most Corrupt Institution — But, Who Are The Fools Who Voted These Immoral Jokers Into Control?

https://www.washingtonpost.com/news/josh-rogin/wp/2017/12/12/report-americans-view-trump-white-house-as-the-most-corrupt-government-institution/

Josh Rogin reports in the Washington Post:

“Almost half of Americans believe that corruption is pervasive in the White House under President Trump, a sharp increase over last year, according to a new survey. Americans now see Trump and his top officials as the most corrupt public officials in government, despite his campaign pledge to drain the swamp.

A new report out Tuesday compiled by Transparency International, the leading nonprofit organization tracking corruption worldwide, shows Americans have significantly lost faith that their government is ably fighting corruption, compared to last year. Overall, Washington-based government institutions are viewed by Americans are more corrupt than those outside the Beltway, the report found. But the Trump White House tops the list.

According to the group’s 2017 U.S. Corruption Barometer, 44 percent of respondents said that most or all of the officials in the office of the president are corrupt, up from 38 percent at the end of Obama’s second term.

Members of Congress are seen as the second most corrupt group of government officials of the nine categories in the survey, with 38 percent of Americans viewing them as mostly or all corrupt. After that, Americans perceive corruption as pervasive in non-White House government officials, business executives, local officials and business leaders in decreasing proportions. Only 16 percent of respondents viewed judges and magistrates as mostly or all corrupt, according to the data.

Meanwhile, 69 percent of respondents said the U.S. government is fighting corruption “fairly badly” or “very badly,” up from 51 percent in 2016. More than half of respondents said people don’t report corruption due to fear of retaliation.

Transparency International defines corruption as “the abuse of entrusted power for private gain.” Key issues within that definition include the influence of wealthy individuals over government, “pay for play” politics, revolving doors between government and corporate entities and the abuse of the financial system by elites.

The perception of Trump and his top officials as being corrupt is easy to understand. Trump and his family have scores of well-documented conflicts of interest they have dealt with in an opaque manner. Meanwhile, Trump’s failure to divest fully from his businesses, combined with his failure to release his tax returns, has fueled suspicions.

The phone survey, performed by the company Efficience3, included interviews of 1,005 randomly selected Americans in October and November. The data were weighted to be demographically representative of all American adults by age, race, gender, urbanization, social grade and ethnicity.

Zoe Reiter, Transparency International’s U.S. representative, said that the study was meant to form a basis for understanding how government is failing to uphold high anti-corruption standards and provide a call to action for Americans to respond. She pointed out that 74 percent of respondents said they believed ordinary people still can make a difference.

“The good news is a majority of Americans feel empowered to fight corruption,” she said. “Since our elected officials are failing to deliver, we need to figure out a way to push them much harder to take these issues more seriously.”

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Read the rest of the article at the link.

There is some disconnect here, because some of the folks who now are concerned about corruption voted for Trump and the GOP, despite more than ample public evidence of his endemic dishonesty, congenital lying, incompetence, and general immorality. Garbage in — garbage out!

But, the answer to the problem is still pretty obvious:

  • Vote Trump and his corrupt cronies out of office;
  • Dismantle the current version of the GOP, which has become an “aider and abettor” of corruption, greed, immorality, and bad government.

Yes, we could and should have a viable two-party system. But, no major party should include horrible immoral individuals like Donald Trump, “Ayatollah Roy,” Steve King, Stephen Miller, or Steve Bannon whose views are deeply Anti-American and threatening to our continued existence as a nation and to the entire free world!

PWS

12-12-17

 

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

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

From AILA Executive Director Ben Johnson:

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

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

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

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

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

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

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

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

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

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

PWS

12-12-17

LAW YOU CAN USE: HON. JEFFREY CHASE ANALYZES EFFECT OF SENDING CHILDREN TO COUNTRY OF ASYLUM – POTENTIALLY PROBLEMATIC, BUT NOT NECESSARILY FATAL!

https://www.jeffreyschase.com/blog/2017/12/8/the-impact-of-returning-children-on-well-founded-fear

The Impact of Returning Children on Well-Founded Fear

I received a request to discuss the following hypothetical: an asylum-seeking couple has a U.S. citizen child.  Because of the need for both parents to work, they send the child to their country of origin.  The question is what impact the asylum seekers’ decision to send the child to the country of feared persecution has on their well-founded fear of persecution.  If the asylum claim is based on past persecution, does the decision in any way rebut the presumption of a future fear of persecution?  In claims based solely on prospective persecution, does the decision impact whether the parents have a genuine subjective fear of persecution?

  1. Applicants who suffered past persecution

Where the parents suffered past persecution, the sending of the child to the parents’ country of origin does not rebut the presumption of future fear as a matter of law.  8 C.F.R. § 1208.16(b)(1)(i) provides two ways in which the presumption may be rebutted: through a showing (by a preponderance of evidence) of (1) “a fundamental change in circumstances such that the applicant’s life or freedom would not be threatened,” or (2) the applicant’s ability to avoid the threat of future harm by relocating to another part of the country.  I am not aware of binding case law addressing children sent to the country of origin.  However, circuit case law has considered the return of the asylum seekers themselves.  In Kone v. Holder, 596 F.3d 141 (2d Cir. 2010), an immigration judge had ruled that the asylum seeker’s own return to the country of origin rebutted the presumption of well-founded fear arising from the past persecution.  The circuit court reversed, noting that the IJ’s “cursory analysis” failed to make a finding of either a fundamental change in circumstances or the possibility of internal relocation as required for a rebuttal finding by 8 C.F.R. §1208.16(b)(1)(i).  The circuit court thus concluded that the IJ’s finding “suggests the erroneous belief that voluntary return trips are sufficient, as a matter of law, to rebut the presumption of future persecution to which [the asylum seeker] is entitled.”  The court referenced the Ninth Circuit’s decision in Boer-Sedano v. Gonzales, 418 F.3d 1082.  In that case, the Ninth Circuit held that “the existence of return trips standing alone” could not rebut the presumption; such return trips could be considered “as one factor, among others, to rebut the presumption.”

If the presumption of well-founded fear is not rebutted by the return of the asylum seeker, it certainly is not rebutted by the return of the child.  The decision to send the child, and the manner in which the child was treated, could be considered as a possible factor in determining whether a fundamental change in circumstances occurred or the possibility of internal relocation exists.  However, it is a factor that must be considered in the context of the feared harm.  For example, where the feared persecution is specific to the asylum applicant alone, or of a type that could not be visited on the child (i.e. the return of a male child where the feared harm is female genital cutting or forcible abortion), the return is not likely to have much significance.  But the factfinder may find greater meaning where the claimant fears widespread attacks on members of her race, tribe, or religion, yet sends a child possessing the same trait to stay with family members similarly at risk.

However, even then, the courts have looked at the specific circumstances involved.  In Mukamusoni v. Ashcroft, 390 F.3d 125-26 (1st Cir. 2004), a rape victim returned to Rwanda to pursue the free education available to her in that country; after departing, she returned one more time to obtain her transcript to allow her to continue her studies in the U.S.  The court concluded that under the circumstances, the returns did not undermine the applicant’s claimed fear of future persecution, noting that “[f]aced with no viable means of support otherwise, people take risks in the face of their fears.”

2.  Applicants whose fear is prospective only

The USCIS Asylum Officer Training materials on “well-founded fear” do not mention the return of children.  However, they do address two related topics:  the impact of the return of the asylum seeker him/herself to the country of feared persecution; and the persecution (or lack thereof) of individuals closely related to the applicant.  Regarding the former, the USCIS materials rely on circuit court decisions to conclude that whether the applicant’s own return indicates a lack of subjective fear of persecution or alternatively “does not necessarily defeat the claim” is circumstance-specific, and depends on why the applicant returned, and what occurred when they did.  See USCIS, RAIO Combined Training Course, Well-Founded Fear Training Module (June 15, 2014) Section 9, pp.22-24.  The USCIS training materials note that the Ninth Circuit has held that the return of an asylum seeker “did not undercut the genuineness of her fear” where the purpose of the return was to retrieve her child after the death of the child’s custodian, or, in another case, to aid his uncle and sister who had been arrested.  Id. at 22.  The USCIS materials also look to what happened upon the asylum seeker’s return.  The materials reference yet another Ninth Circuit case, Karouni v. Gonzales, 399 F.3d 1163 (9th Cir. 2005), in which an asylum applicant returned once to his country to attend to his dying father, but cut his trip short because of his fear of persecution, leaving before the father’s funeral.  The applicant returned a second time to attend to his dying mother, but had to delay the trip due to a fear of persecution so that he did not return until the mother had already passed away.  The court concluded that these visits did not undermine the applicant’s fear.

Regarding the treatment of relatives, the USCIS training materials provide a hypothetical in which an asylum applicant’s sister is arrested based on her political opinion.  The materials state that such arrest should be considered in determining the applicant’s own fear where, e.g. the sister lived in the same city and was active in the same political party as the applicant.  However, the sister’s arrest need not be considered if the two were not close, lived in different regions, and were not members of the same party.  See Id. section 6, pp. 18-19.

In transposing this approach to the example of children sent to the country of feared persecution, the inquiry would be into whether a connection exists between the child and the applicant’s reason for fearing persecution.  When I was an immigration judge, ICE trial attorneys would sometimes comment in such cases that “no refugees sent their children back to Nazi Germany.”  Of course, if the asylum applicant based his or her fear on a comparably extreme situation, i.e. that anyone who was a member of their race, nationality/ethnicity/tribe, or religion would be at grave risk, and that family remaining in the country were hiding in fear of discovery, then sending one’s child back to that country to stay with those relatives could open an inquiry into whether the applicant possessed a genuine subjective fear of persecution.  However, where that is not the basis of the fear, the question would be what, if any, risk extends to the child?  Furthermore, even if such risk was found to exist, as noted above, the reason for sending the child would be weighed against the risk.  Whether the feared persecutors were aware of the children’s return, and if so, what their reaction was might also be considered, depending on the specific circumstances.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

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

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

Maria Sacchetti reports in the Washington Post:

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

Steve no longer asks when the family will be together.

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

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

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

 

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

Steve no longer asks when the family will be together.

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

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

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

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

Steve no longer asks when the family will be together.

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

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

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

Maria Sacchetti reports in the Washington Post:

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

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

Steve was born in 2007, Danyca in 2012.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

. . . .

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

Steve no longer asks when the family will be together.

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

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

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

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

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

THE GHOST OF CHRISTMAS FUTURE

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

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

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

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

PWS

12-09-17

WASHINGTON POST – “GOOD STUFF” ABOUT THE “REAL AMERICA” FROM LETTERS TO THE EDITOR

Immigrants reflect what makes America great


A newly naturalized citizen holds an American flag during at the Atlanta office of the U.S. Citizenship and Immigration Services in 2016. (Kevin D. Liles/For the Washington Post)
December 6
I applaud the strong statement in The Post’s Dec. 4 editorial “An attack on America.” I agree that the “president’s immigration policies are neither an embrace of legality nor in the national interest.”

This past year, I suffered a mild stroke, and through the swift actions of staff at the Virginia Hospital Center in Arlington, I have thankfully recovered. The staff helped me cope and persist. The cultural diversity of the staff reflected the America I cherish. We are already great because of the gifts such people bring to our shores. Everyone in our country deserves the care I received, not just those of us who are privileged.

I am deeply appreciative to all who administered compassionate care with skill and consistency at that hospital and who represent the many sons and daughters of immigrants to whom we should be thankful — not only those who work in our fields, construction sites, kitchens and bathrooms but also those in the corridors and labs in our hospitals and by the bedside of a frightened patient.

I write this letter also on behalf of the hundreds of immigrants who fill the pews each week in the National Capital Presbytery, where I am a moderator, and who remind us of their gifts and deeply religious and faithful commitment to the well-being of all.

William Plitt, Arlington

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Yup, I had the same thoughts about the nice folks who took care of my Dad during his years in a retirement home and the great surgeon who repaired my broken ankle in Maine this summer.

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

The ‘dreamers’ emergency


A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Tuesday in Washington. (Jacquelyn Martin/Associated Press)
December 6
Regarding Paul Kane’s Dec. 3 @PKCapitol column, “Republicans savor a win that could be swept aside by shutdown negotiations”:Senate Majority Leader Mitch McConnell (R-Ky.) said there is no need for action on the Deferred Action for Childhood Arrivals program because it is not a crisis or an emergency. Really, is that his management style?Maybe that’s why Congress can come up with money for hurricane recovery but not to help people to move out of houses that flood repeatedly. Still, it seems that about 690,000 people not knowing what is going to happen to them in three months is at least as much of an emergency as the need for a deficit-financed tax cut for a nation with a booming economy and a $20 trillion debt.

Mike Zasadil, Silver Spring

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

It’s all about priorities, Mike. For the GOP, greed, selfishness, and rewarding the rich are where it’s at. Human needs and the rest of the populace, not so much. It’s not going to change until those of us who believe differently throw the GOP out of power at the ballot box.

PWS

12-08-17

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

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

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

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

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

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

Hope you’ll “tune in!”

PWS

12-07-17

 

 

BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

http://thehill.com/opinion/immigration/363473-with-travel-ban-scotus-can-correct-lower-courts-anti-trump-bias

Nolan writes in The Hill:

“According to Eric Posner, a professor at the University of Chicago Law School, the lower U.S. courts have created a “Trump exception” to settled law on presidential powers with their travel ban decisions. They have ignored the Supreme Court’s admonition that courts may not “look behind” a “facially legitimate” reason for an executive order, which in these cases was a national security interest in stricter vetting.

Trump appealed to the Supreme Court, but his case became moot when he replaced the temporary travel ban with a permanent program with the Presidential Proclamation he issued on September 24, 2017, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

When fourth and ninth circuit courts enjoined implementation of his proclamation, he went back to the Supreme Court. On December 4, 2017, the Court ordered stays of the fourth circuit and the ninth circuit injunctions.

The Court did not state its basis for granting Trump’s stay request in either decision, but stays are not granted for meritless cases. I expect Trump to prevail on the merits of his case.

. . . .

He [Judge Derick Watson of the USDC in Hawaii] goes on to say that nevertheless “any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims.” This “assessment rests on the specific historical record,” which “focuses on the president’s statements about a ‘Muslim ban,’” including on the campaign trail.

If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.”

Go on over to The Hill at the link to read Nolan’s complete article! I note that Nolan’s article is also posted on SCOTUSDaily. Here’s the link:

SCOTUSDaily pdf

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

https://slate.com/news-and-politics/2017/12/the-new-travel-is-an-abomination-why-have-we-stopped-caring.html

Meanwhile, Dahlia Lithwick writes in Slate:

“Way, way back in February, a three-judge panel of the United States Court of Appeals for the 9th Circuit heard oral arguments in State of Washington v. Trump, the first iteration of the first appeal of the first attempt at Donald Trump’s travel ban. This version was a hastily executed implementation of the president’s promise to create a Muslim ban, signed on Jan. 27, just a week after Trump took office.

America was riveted, listening eagerly to arguments broadcast without images and parsing—or trying to parse—complicated appellate questions about standing, and justiciability, and religious animus. As the court ultimately found—before this first version was pulled from commission and replaced with a new one—Trump’s ban trampled over all sorts of due process rights.

Almost a year later, a different panel of the 9th Circuit heard on Wednesday a different oral argument, about a third iteration of a Trump executive order limiting immigration from some majority-Muslim countries. This one, though, was offered without the glare of national media and by seemingly worn-out advocates. More than anything, the argument was reminiscent of one of those old-timey dance marathons, in which weary partners pushed one another around a high school gymnasium in the futile hope that anything might still matter.

Wednesday’s effort made the second argument about the very same issuesfrom May seem positively zippy (May? Remember May??). But here we are in December, and the travel ban has been sanitized and then sanitized again. The current version, announced in September, targets 150 million travelers from Muslim-majority countries Chad, Iran, Libya, Somalia, Syria, and Yemen, as well as the non–Muslim majority outlier North Korea along with some Venezuelan government officials. It was promptly blocked by judges before it went into effect, and on Monday the Supreme Court allowed it to go forward for the time being, warning the appeals courts that they had better rule quickly.So here in December, it is now being defended by seemingly competent counsel, despite the fact that—if one noticed such things anymore—the president was tweeting Muslim revenge porn only a week ago.

. . . .

We should all possibly care about travel ban 3.0 and its cretinous defenders a whole lot more than we apparently do, simply because it’s permanent, it’s nearly as bad as the original, and the Supreme Court appears inclined to tolerate it. Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.

A fortiori, for the record, means an argument made with greater reason or more convincing force. Who knew that something so grotesquely cynical and cruel as this travel ban could become a fortiori, just from sheer wariness, repetition, and fatigue?”

Read the rest of Dahlia’s article over at Slate at the above link.

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Clearly, “different strokes for different folks!” But, we all have a stake in this one way or the other!

Interestingly, Nolan and Dahlia appear to agree on one thing: the Supremes (or at least a majority of them, excluding Justices Sotomayor and Ginsburg who dissented from the dissolution of the stay) have signaled that they are ready to “greenlight” Trump’s “Travel Ban 3.0.” In other words, if Trump is exceeding “political and societal norms” (which many of us think he is) ultimately it will be up to the political branches of Government and the voters, not the courts, to rein him in.

PWS

12-07-17

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

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

Nick Miroff reports in the Washington Post:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Read the complete article at the link.

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

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

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

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

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

PWS

12-06-17

 

MORE THAN 40% OF FORTUNE 500 COMPANIES HAVE RECENT IMMIGRANT ROOTS! — Also 9 Of 13 Most Valuable Brands In The World!

http://startupsusa.org/fortune500/?stream=top-stories

Startupusa.org reports:

“Each year since 1955, Fortune Magazine has published a list of the 500 largest American companies by revenue, among U.S. publicly listed companies and private companies with publicly available financial data.

In 2011, New American Economy (NAE) – a non-partisan policy organization of 500 Republican, Democratic, and Independent mayors and business leaders – analyzed the national origin of the 2010 Fortune 500 company founders, finding that more than 40 percent had at least one founder who was an immigrant or the child an immigrant.

Given the on-going national debate regarding immigration policy – and the well-established importance of immigrants to entrepreneurship in the United States – the Center for American Entrepreneurship (CAE) has analyzed the Fortune 500 data for 2017. We found that 43 percent of these companies were founded or co-founded by an immigrant or the child of an immigrant. We also found that the occurrence of first- or second-generation immigrant founders is significantly higher among the largest Fortune 500 companies – accounting for 52 percent of the top 25 firms and 57 percent of the top 35 firms.

Immigrant-founded Fortune 500 firms are headquartered in 33 of the 50 states, employ 12.8 million people worldwide, and accounted for $5.3 trillion in global revenue in 2016.

The results are striking and should be carefully considered by policymakers as they continue to deliberate the fate of 800,000 so-called DREAMers – undocumented immigrants brought to the United States illegally as children – and U.S. immigration policy more generally. In particular, the analysis provides compelling support for the creation of an entrepreneur visa, an important aspect of the Startup Act, bipartisan legislation reintroduced by Senators Jerry Moran (R-KS) and Mark Warner (D-VA) on September 28th.

The findings of CAE’s analysis – along with a vast research literature – demonstrate the remarkable and persistent importance of immigrants to the creation and growth of America’s largest, most successful, and most valuable companies.”

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Read the complete report, with lots of neat charts, stats, and graphics, at the link. Unfortunately, we have  an Administration that refuses to acknowledge the essential role of immigration in American history and building American success.

PWS

12-05-17

 

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

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

December 3 at 8:10 PM

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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Read the complete editorial at the link.

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

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

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

PWS

12-04-17

 

HON. JEFFREY CHASE DISCUSSES ASYLUM BASED ON FEAR OF HONOR KILLINGS!

https://www.jeffreyschase.com/blog/2017/12/2/honor-killings-and-particular-social-group

Honor Killings and Particular Social Group

The threat of honor killing may form the basis of an asylum claim.  While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere to a rigid moral code imposed upon her brings such dishonor on her family in the eyes of the community that nothing short of her murder (at the hands of her own family) can restore the family’s “honor.”  The BIA has issued no precedent decisions relating to these types of claims; there are not many published circuit court decisions.  In a recent published decision, Kamar v. Sessions, the U.S. Court of Appeals for the Sixth Circuit reversed the BIA’s incorrect determination that a woman from Jordan who credibly fears an honor killing was not genuinely at risk, and did not show that the government of Jordan was unwilling or unable to protect her.  However, I would like to focus in this article on the particular social group aspects of such claims.

As I have stated in other posts, the BIA established a requirement in its 1985 precedent decision Matter of Acosta that members of a particular social group must share an immutable characteristic.  In a series of later decisions beginning with it’s 2006 precedent  Matter of C-A-, the BIA additionally required cognizable social groups to satisfy its particularity and social distinction requirements.  The former requires that there be a clear benchmark of who is and is not included in the group.  The latter requires that the society in question (i.e. not the persecutors alone) view the members as forming a distinct group.  It is not easy for a group to meet all three of these requirements.

However, I believe that women (and sometimes men) targeted for honor killings must be found to meet all three of these requirements, as they are inextricably built into the social code which gives rise to such horrific actions.  First, being targeted for an honor killing is clearly an immutable characteristic.  The entire reason the society in question requires an act as drastic as murder is that nothing short of eliminating the individual will undo the perceived shame on the family.  There is no lesser form of rehabilitation or restitution available.  Nor will the passage of time or the target’s departure from the society suffice.  USCIS itself states in its own training materials for asylum officers on gender-based persecution that “the family may go to great lengths to pursue women (and men) accused of violating the family’s honor.  Families employ bounty hunters, private detectives and social networks to pursue victims and searches may persist over years.  In cultures with extended family networks over a large geographic area, relocation may offer no real protection.”2  This is the definition of an immutable characteristic.

Additionally, the group satisfies the particularity requirement.  The code giving rise to honor killings (a term which the U.S. Court of Appeals for the Seventh Circuit has called “an oxymoron if we’ve ever heard one”)3 specifies who must be targeted.  In societies in which such killings take place, if a family that adheres to a rigid moral code believes that a female member of the family has behaved in a way that tarnished its reputation to the point that an honor killing is required, the family cannot decide to kill, e.g., the third person that walks down the street, or a more distant relative, or the gardener to achieve the goal of restoring honor.  The code governing such killings is specific as to who must be targeted.

Furthermore, social distinction is a given in such cases, as it is the perception of the society in question itself that is entirely responsible for both the family’s perceived loss of honor and for the “need” to carry out the murder.  It is  the society’s moral code that has been violated by the group member’s behavior; it is the society that has distinguished the violator in a manner that brings shame on her family; and it is the society’s perception that the honor killing is intended to appease.  Therefore, while the asylum officer, immigration judge, or BIA may deny asylum for another reason, if credible, an asylum applicant who fears an honor killing should not be denied based on a failure to meet her burden of establishing membership in a cognizable particular social group.

In order to avoid the Board’s prohibition against the group being defined in a circular manner, it is best not to include the term “honor killing” in the definition of the proposed group itself.  The membership in the group is the reason the person fears persecution.  The definition should therefore generally not include the actual harm feared, because a person is not targeted for an honor killing because they are targeted for an honor killing- this is what the Board terms a circular argument.  However, a person may be targeted for persecution because they are a member of the group consisting of, for example, “women from country X whose behavior is perceived to have brought dishonor on their family by flouting repressive moral norms.”  The honor killing is the type of persecution that the applicant fears as a result of their membership in the group.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

Notes:

1.  On the topic of males targeted for honor killings, see Caitlin Steinke, Male Asylum Applicants Who Fear Becoming the Victims of Honor Killings: The Case for Gender Equality, 17 CUNY L.Rev. 233,(2013).

2.  See USCIS, RAIO Directorate, Combined Training Course, Gender Related Claims Training Module, p. 24 (Rev. 9/26/2011)https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Directorates%20and%20Program%20Offices/RAIO/Gender%20Related%20Claims%20LP%20%28RAIO%29.pdf.

3.  Sarhan v. Holder, 658 F.3d 649 (7th Cir. 2011).

 

 

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

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My recent blog blog on this same case is here:

https://wp.me/p8eeJm-1IB

Instead of being on the wrong side of the law and history here, why hasn’t the BIA taken the lead in issuing a precedent establishing protection under the INA and the Conventions for these vulnerable individuals?

The was a time when the BIA had the courage to stand up for the rights of the oppressed and take a leadership role in recognizing legal protections.  See Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996). Decisions like Kasinga both saved lives and promoted the fair and orderly administration of immigration, refugee, and asylum laws in accordance with Due Process.

Today’s BIA appears more interested in serving as an apologist for the extreme anti-immigrant policies of Jeff Sessions and the Trump Administration and helping the DOJ’s OIL justify legally questionable positions in the U.S. Courts of Appeals than in standing up for the Due Process and statutory rights of migrants. What’s the purpose of a supposedly deliberative body that seldom visibly “deliberates” and all too often fails to perform its SOLE FUNCTION of “guaranteeing fairness and Due Process for all?”

PWS

12-04-17

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

12-02-17

 

 

 

HOT FROM TAL @ CNN: GOP REPS TO PRESS RYAN ON DACA RESOLUTION – REJECT TRUMP/GOODLATTE RESTRICITONIST CONDITIONS!

http://www.cnn.com/2017/11/30/politics/republican-daca-letter/index.html

TAL reports:

“Republicans prepping letter to Ryan urging DACA fix

By: Tal Kopan, CNN

Dozens of House Republicans are preparing a letter to Speaker Paul Ryan urging a fix for young undocumented immigrants by the end of the year, adding pressure to high-stakes government funding discussions that could hinge on such a deal, according to three sources familiar with the matter.

The letter, organized by Virginia Rep. Scott Taylor, already has signatories numbering in the 20s, according to a source familiar with the letter, and could reach into the 30s by the time it is sent. Taylor’s office did not immediately respond to a request for comment.

Congressional Hispanic Caucus Chairwoman Michelle Lujan Grisham, a Democrat, revealed the work on the letter in a pen-and-pad session with reporters Thursday on Capitol Hill.

Two other GOP sources confirmed the letter’s development to CNN.

Grisham characterized the letter as “telling Ryan, ‘You’ve got to fix this. You’ve got nine days. What is your plan, what is your path?'”

The “nine days” refers to the December 8 deadline to fund the government. Democrats have said if Republicans need their votes to pass a government funding bill, which they have in the past, then they need to resolve the situation for the Deferred Action for Childhood Arrivals program, which President Donald Trump is ending by the end of the year.

Some Republicans, including Senate Majority Whip John Cornyn, have said any DACA deal should not be included in year-end spending legislation. They have not ruled out, though, the possibility of timing a vote on a DACA deal with one on spending legislation.

Grisham referenced a Democratic-led discharge petition to force a vote on one legislative proposal, the Dream Act, which two Republicans have signed and which needs only 22 more members to support it to force a vote on the floor, though the letter does not threaten that its signatories will back the bill, according to one of the sources.

The letter’s signatories include members who have long pushed for a DACA fix and some who have been less vocal.

According to one of the GOP sources, the letter tells Ryan that the group would like DACA resolved this year and warns that while they agree a legislative solution should include border security, it should not contain measures sought by members like Virginia Rep. Bob Goodlatte and the White House. Some of those measures include cuts or changes to overall legal immigration, mandatory workforce verification and hardline enforcement measures.

The letter has come together quickly, just this week, and is being teed up for release Friday.”

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At least some modest reason for optimism on the “DACA Front.” It’s also refreshing and encouraging to learn that there are a significant number of responsible Republican legislators who don’t necessarily “by into” the false narrative being peddled by Trump, Goodlatte, Perdue, Cotton, Sessions, Miller and other GOP restrictionists about the need to “offset” the Dreamers or decrease (the worst possible course of action) legal immigration avenues into the United States.

 

PWS

11-30-17

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

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

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

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

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

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

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

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

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

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

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

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

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

ICE officials could not be immediately reached Wednesday.”

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

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

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

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

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

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

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

PWS

11-30-17

 

 

CHINA PLANS TO RULE THE WORLD – TRUMP IS HELPING THEM! – As America Withdraws From Asian Trade, Shuns Foreign Talent, & Disses Clean Energy, The PRC Is Happy To Step In & Take Over Leadership!

https://www.washingtonpost.com/opinions/china-has-a-plan-to-rule-the-world/2017/11/28/214299aa-d472-11e7-a986-d0a9770d9a3e_story.html

Foreign Affairs expert David Ignatius writes in the Washington Post:

“As foreign scientists pull back from some U.S. labs because of visa and government-grant worries, the Chinese are doubling down. According to the second Air Force study, China surpasses the United States in annual patent applications, is now No. 2 in peer-reviewed research articles and in 2014 awarded more than twice as many degrees in science, technology, engineering and math.

China is mobilizing its best tech talent for this global empire. China Telecom plans to lay a 150,000-kilometer fiber-optic network covering 48 African nations. IZP, a big-data company, plans to expand soon to 120 countries. BeiDou, a government agency, is building a GPS-like satellite navigation system for all Eurasia.

There’s an eerie sense in today’s world that China is racing to capture the commanding heights of technology and trade. Meanwhile, under the banner of “America first,” the Trump administration is protecting coal-mining jobs and questioning climate science.

Sorry, friends, but this is how empires rise and fall.”

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Read the entire, rather sobering, article at the link.

This is what a “Government of Fools” looks and acts like! Trump turns his back on our traditional democratic allies and trade partners to pal around with dangerous dictators like President Xi, President Putin, President Duterte, and President Sisi. But, all the while those guys are making a fool out of him and the US!

PWS

11-29-17