Virginia Mother Of 2 Deported N/W/S Governor’s Pardon!

https://www.washingtonpost.com/local/social-issues/liliana-cruz-mendez-falls-church-mother-of-two-deported-to-el-salvador/2017/06/20/23c317ea-5600-11e7-b38e-35fd8e0c288f_story.html?hpid=hp_local-news_fairfaxdeport-7pm%3Ahomepage%2Fstory&utm_term=.09aea91718af

“Federal immigration officials have deported a mother of two from Falls Church back to her native El Salvador despite ­eleventh-hour efforts by Virginia Gov. Terry McAuliffe and others to help her stay in the United States.

Liliana Cruz Mendez was deported Wednesday, according to CASA, the nonprofit group that represented her after she was detained in May at a routine check-in with U.S. Immigration and Customs Enforcement. ICE confirmed the deportation.

After she was taken into custody, McAuliffe (D) pardoned Cruz Mendez’s 2014 conviction for a minor driving offense in hopes that it would spare her from having to leave the country.

The governor said she did not pose a public-safety threat. But federal immigration officials said she would be deported, noting that she had been in the United States illegally since 2006.

Cruz Mendez’s husband, Rene Bermudez, said the family was shattered by the deportation. He sobbed as he recounted how their children, aged 10 and 4, wept when they heard Cruz Mendez was gone.

“How can they take away their mother?” he said.

Bermudez said he cannot join his wife in El Salvador because he is in the process of obtaining a green card and must stay in the United States. He said he and his wife have been together for 15 years and have always paid taxes and gone to church.

He and his son and daughter last saw Cruz Mendez through a window at the immigration detention center.

“People don’t understand because they haven’t lived it. But believe me,” he said, his voice faltering, “I wouldn’t wish it on anyone.”

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Read the entire story at the link.

Intentional cruelty and arbitrary enforcement usually come back to haunt those who smugly carry them out. Exercising power for power’s sake is abusive.

PWS

06-20-17

 

 

IMMIGRATION HISTORY: Here’s The Chase-Burman Mini-Library Of Immigration History, Courtesy Of “The Green Card!”

75 Years of the BIA

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Spring-2016-updated.aspx

“Matter of L-, 1 I&N Dec. 1 (BIA 1940), was issued on August 29, 1940, the day before the Board of Immigration Appeals came into existence.2 Some background about the Board’s early history is required to explain this. From 1922 until 1940, a five-member Board of Review existed within the Department of Labor to review all immigration cases. The Board of Review had no decision- making authority of its own; it could only recommend action to the Secretary of Labor. In 1933, the Immigration and Naturalization Service (INS) was formed within the Department of Labor,3 and from 1933 until 1939 the Board of Review made its recommendations to the Commissioner of Immigration and Naturalization.4″

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Commentary on “Pattern or Practice” Persecution

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Fall-2016-.aspx

In INS v. Cardoza-Fonseca, its landmark 1987 decision establishing that the burden of proving a “well-founded fear of persecution” is significantly less than fifty percent, the Supreme Court relied on the following scholarly example: “Let us…presume that it is known that in applicant’s country of origin every tenth adult male person is either put to death or sent to some remote labor camp… In such a case it would be only too apparent that anyone who managed to escape from the country would have ‘well-founded fear of being persecuted’ on his eventual return.”2 While the Court’s decision predates the “pattern or practice” regulation by more than three years, the example it relies on (which predates the regulation by 24 years) presents a classic “pattern or practice” scenario. The hypotheti- cal establishes (1) a group, i.e., all adult males in a particular country; and (2) information establishing systemic persecution of one in ten members of such group. all members of the group therefore have a well-founded without the need to explain their individual circumstances.”

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The History of Racism in U.S. Immigration


http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/the-green-card-winter-2017.aspx

“Racism was codified in this country’s original natu- ralization law. The Naturalization Act of 1790 limited the right to naturalize to “free white persons.” Following the Civil War, the Act of July 14, 1870, added “aliens of African nativity” and “aliens of African descent” to those eligible to naturalize. However, all others considered “non-white” continued to be barred from obtaining United States citizenship. In 1922, the Supreme Court denied Takao Ozawa, a Japanese immigrant who had lived in the U.S. for 20 years, the right to become a naturalized citizen because he “clearly” was “not Caucasian.” In interpreting the term “free white persons,” the Court found that “the framers did not have in mind the brown or yellow races of Asia.”1 In United States v. Bhagat Singh Thind,2 the Supreme Court reached the same conclusion regarding an “upper-caste Hindu” who claimed a lineage classi ed as “Aryan” or “Caucasian.” The Court determined that “Aryan” related to “linguistic, and not at all with physical, characteristics,” and concluded that the term “free white persons” as understood by the common man, would not include those of Hindu ancestry.3 It was not until passage of the McCarran-Walter Act in 1952 that the naturalization law was amended to read that “[t]he right of a person to become a naturalized citizen shall not be denied or abridged because of race or sex…”4

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

Read all three of Judge Chase’s outstanding histories and get some “instant perspective” on how we got to where we are today as a nation of immigrants. There was no shortage of hypocracy. And, I submit that in the course of history some of today’s politicians advocating restrictive racially and religiously charged immigration policies are going to look just as distasteful, arrogant, prejudiced, and ignorant as some of the judges, lawmakers, and government officials described in these articles.

PWS

06-19-17

UPDATE

Judge Chase has reminded me that there is a fourth part to this collection:

The History of U.S. Asylum Law

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Immigration/Green-Card-Summer-2016.aspx

“U.S. asylum policy is a product of the tension between the public sentiments of compassion and fear. In the words of a former Deputy UN High Commissioner: “The public will not allow governments to be generous if it believes they have lost control.” 1 Although asylum can be traced back at least to the Old Testament, for all practical purposes, U.S. asylum policy began on the eve of World War II.”

PWS

06-21-17

Welcome To Jeff Sessions’s America — In 1957 Sessions Was 10 Years Old And His White Christian Fellow Alabamans Were Busy Perverting The “Rule Of Law” To Deny Their African American Fellow Citizens Constitutional Rights, Fundamental Justice, & Human Dignity!

https://www.washingtonpost.com/opinions/a-white-cop-dies-and-a-young-black-man-spends-years-in-jail-for-a-crime-he-didnt-do/2017/06/16/d771059e-4706-11e7-a196-a1bb629f64cb_story.html?hpid=hp_regional-hp-cards_rhp-card-arts%3Ahomepage%2Fcard&utm_term=.a94b2ba61075

Colbert I. king writes in the Washington Post:

“How is it possible in a country that prides itself on having a Bill of Rights, expresses reverence for due process and touts equal protection that a 17-year-old can be arrested, put on trial and sentenced to death, and then spend 13 years being shuttled among death row cellblocks in disgusting jails and prisons with his case under appeal, all for a crime he didn’t commit?

The answer contains some simple prerequisites: He had to be black, live in the Jim Crow South and be accused of committing, as one deputy sheriff put it, a “supreme offense, on the same level of a white woman being raped by a black man” — that is, the murder of a white police officer.

Teenager Caliph Washington, a native of Bessemer, Ala., was on the receiving end of all three conditions. And as such, Washington became a sure-fire candidate to suffer the kind of tyrannical law enforcement and rotten jurisprudence that Southern justice reserved for blacks of any age.

In “He Calls Me by Lightning,” S. Jonathan Bass, a professor at Alabama’s Samford University and a son of Bessemer parents, resurrects the life of Washington, who died in 2001 finally out of prison — but with charges still hanging over his head.

 

Bass, however, does more than tell Washington’s tale, as Washington’s widow, Christine, had asked him to do in a phone call. Bass dives deeply into the Bessemer society of 1957 where Washington was accused of shooting white police officer James “Cowboy” Clark on an empty dead-end street near a row of run-down houses on unpaved Exeter Alley.

Bessemer-style justice cannot be known, let alone understood, however, without learning about that neo-hardscrabble town 13 miles southwest of Birmingham.

Bessemer served as home to a sizable black majority, an entrenched white power structure and an all-white police department, consisting at the time of a “ragtag crew of poorly paid, ill-trained, and hot-tempered individuals” who earned less than Bessemer’s street and sanitation workers.

Bessemer was a town with its own quaint racial customs, such as forcing black men to “walk in the middle of the downtown streets, not on the sidewalks, after dark — presumably to keep them from any close contact with white women.”

 

Bessemer was a town where in 1944 the police forced black prisoners to participate in an Independence Day watermelon run. White citizens reportedly cheered as firefighters blasted the inmates with high-pressure hoses to make the race more challenging. Winners, it is said, received reduced sentences and the watermelons.

It was in that town that Caliph Washington was born in 1939, the same year of my birth in Washington, D.C.

Bessemer’s racial climate was no different the year Washington was accused of killing Cowboy Clark. The town’s prevailing attitude on race was captured at the time in a pamphlet distributed by a segregationist group, the Bessemer Citizens’ Council. Black Christians, the white citizens’ council said, should remain content with being “our brothers in Christ without also wanting to become our brothers-in-law.”

If ever there was a place to not get caught “driving while black” — which is what Washington was doing on that fateful night in July 1957 — it was Bessemer. And that night’s hazard appeared in the form of Clark and his partner, Thurman Avery, who were cruising the streets in their patrol car looking for whiskey bootleggers.”

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Read the rest of King’s op-ed at the link.

So, when you hear Sessions and his White Nationalist buddies like Bannon, Miller, Kobach, and Pence extolling the virtues of a small Federal Government (except for the migrant-bashing mechanisms) state control of voting, civil rights, police conduct, gender fairness, environmental regulations, labor relations, filling the prisons with maximum sentences, a new war on drugs, etc., it’s just clever code for “let’s make sure that white-dominated state and local governments can keep blacks, hispanics, immigrants, Muslims, and other minorities from achieving power, equality, and a fair share of the pie.” After all, if you believe, as these guys do, that true democracy can be a bad thing if it means diversity and power sharing, then you’re going to abuse the legal and political systems any way you can to maintain your hold on power.

And, of course, right-wing pontificating about the “rule of law” means  nothing other than selective application of some laws to the disadvantage of minorities, immigrants, and often women. You can see how selective Sessions’s commitment to the rule of law is when he withdraws DOJ participation in voting rights cases in the face of strong evidence of racial gerrymandering, withdraws support from protections for LGBT individuals, supports imprisonment in substandard prisons, targets legal marijuana, and “green lights” troubled police departments to prioritize aggressive law enforcement over the protection of minority citizens’ rights. Ethics laws, in particular, seems to be far removed from the Sessions/Trump concept of “Rule of Law.” And, sadly, this is only the beginning of the Trump Administration’s assault on our Constitution, our fundamental values, and the “real” “Rule of Law.”

PWS

06-18-17

NYT SATIRE: Bret Stephens Says Only Mass Deportation (Of “So-Called ‘Real Americans'”) Can Make America Really Great!

https://www.nytimes.com/2017/06/16/opinion/only-mass-deportation-can-save-america.html

Bret Stephens writes:

“In the matter of immigration, mark this conservative columnist down as strongly pro-deportation. The United States has too many people who don’t work hard, don’t believe in God, don’t contribute much to society and don’t appreciate the greatness of the American system.

They need to return whence they came.

I speak of Americans whose families have been in this country for a few generations. Complacent, entitled and often shockingly ignorant on basic points of American law and history, they are the stagnant pool in which our national prospects risk drowning.

On point after point, America’s nonimmigrants are failing our country. Crime? A study by the Cato Institute notes that nonimmigrants are incarcerated at nearly twice the rate of illegal immigrants, and at more than three times the rate of legal ones.

Educational achievement? Just 17 percent of the finalists in the 2016 Intel Science Talent Search — often called the “Junior Nobel Prize” — were the children of United States-born parents. At the Rochester Institute of Technology, just 9.5 percent of graduate students in electrical engineering were nonimmigrants.

Religious piety — especially of the Christian variety? More illegal immigrants identify as Christian (83 percent) than do Americans (70.6 percent), a fact right-wing immigration restrictionists might ponder as they bemoan declines in church attendance.

Business creation? Nonimmigrants start businesses at half the rate of immigrants, and accounted for fewer than half the companies started in Silicon Valley between 1995 and 2005. Overall, the share of nonimmigrant entrepreneurs fell by more than 10 percentage points between 1995 and 2008, according to a Harvard Business Review study.

Nor does the case against nonimmigrants end there. The rate of out-of-wedlock births for United States-born mothers exceeds the rate for foreign-born moms, 42 percent to 33 percent. The rate of delinquency and criminality among nonimmigrant teens considerably exceeds that of their immigrant peers. A recent report by the Sentencing Project also finds evidence that the fewer immigrants there are in a neighborhood, the likelier it is to be unsafe.

Photo

Immigrants cheering at the start of a naturalization ceremony in Atlanta last fall. CreditDavid Goldman/Associated Press

And then there’s the all-important issue of demographics. The race for the future is ultimately a race for people — healthy, working-age, fertile people — and our nonimmigrants fail us here, too. “The increase in the overall number of U.S. births, from 3.74 million in 1970 to 4.0 million in 2014, is due entirely to births to foreign-born mothers,” reports the Pew Research Center. Without these immigrant moms, the United States would be faced with the same demographic death spiral that now confronts Japan.

Bottom line: So-called real Americans are screwing up America. Maybe they should leave, so that we can replace them with new and better ones: newcomers who are more appreciative of what the United States has to offer, more ambitious for themselves and their children, and more willing to sacrifice for the future. In other words, just the kind of people we used to be — when “we” had just come off the boat.”

. . . .

Beyond the inhumanity of toying with people’s lives this way, there’s also the shortsightedness of it. We do not usually find happiness by driving away those who would love us. Businesses do not often prosper by firing their better employees and discouraging job applications. So how does America become great again by berating and evicting its most energetic, enterprising, law-abiding, job-creating, idea-generating, self-multiplying and God-fearing people?

Because I’m the child of immigrants and grew up abroad, I have always thought of the United States as a country that belongs first to its newcomers — the people who strain hardest to become a part of it because they realize that it’s precious; and who do the most to remake it so that our ideas, and our appeal, may stay fresh.

That used to be a cliché, but in the Age of Trump it needs to be explained all over again. We’re a country of immigrants — by and for them, too. Americans who don’t get it should get out.”

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Read the rest of Stephens’s op-ed at the link.

As I often say, only naturalized citizens had to go through a merit-based process to obtain their U.S. citizenship. For the rest of us, it was just an accident of birth that we personally did nothing to deserve or merit.

PWS

06–18-17

WashPost: GANGS — A Complicated Problem With No Easy Solution — Budget Cuts Undermine Some Local Programs!

https://www.washingtonpost.com/local/public-safety/ms-13-gains-recruits-and-power-in-us-as-teens-surge-across-border/2017/06/16/aacea62a-3989-11e7-a058-ddbb23c75d82_story.html?hpid=hp_rhp-top-table-main_ms-13-1240pmm%3Ahomepage%2Fstory&utm_term=.5745c22fb3d0

Michael E. Miller, Dan Morse, and Justin Jouvenal report:

“The increasing MS-13 violence has become a flash point in a national debate over immigration. President Trump and Attorney General Jeff Sessions have vowed to eradicate the gang, while immigrant advocates say the young people are being scapegoated to further an anti-immigrant agenda.

Danny’s case illustrates just how difficult the balance between compassion and safety can be. Was he a child who needed help? Or a gang member who shouldn’t have been here?

“Do you close the doors to all law-abiding folks who just want to be here and make a better life . . . and in the process keep out the handful who are going to wreak havoc on our community?” asked one federal prosecutor, who is not permitted to speak publicly and has handled numerous MS-13 cases. “Or do you open the doors and you let in good folks and some bad along with the good?”

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Read the entire, much longer, article at the link.

it does seem short sighted to save a few bucks by cutting some of the few programs specifically designed to address this issue.

PWS

06-16-17

 

Secretary Kelly Rescinds DAPA, But Retains DACA!

https://townhall.com/tipsheet/mattvespa/2017/06/15/dhs-secretary-kelly-signs-memo-rescinding-obamas-dapa-program-n2342012

Matt Vespa reports on Townhall:

“It’s official. The Department of Homeland Security has rescinded the memorandum that created the Deferred Action for Parents of Americans and Lawful Permanent Residents under the Obama administration. A statement from the department noted that Department of Homeland Security Secretary John F. Kelly consulted with the attorney general’s office on this subject and was able to sign off a new memorandum ending the DAPA program. The Deferred Action For Childhood Arrivals (DACA) remains in place:

On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy.
The rescinded memo purported to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action. To be considered for deferred action, an alien was required to satisfy six criteria:
(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;
(2) have continuously resided here since before January 1, 2010;
(3) have been physically present here on November 20, 2014, and when applying for relief;
(4) have no lawful immigration status on that date;
(5) not fall within the Secretary’s enforcement priorities; and
(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”
Prior to implementation of DAPA, twenty-six states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the Supreme Court allowed the district court’s injunction to remain in place.
The rescinded policy also provided expanded work authorization for recipients under the DACA program for three years versus two years. This policy was also enjoined nationwide and has now been rescinded.
The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.”

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

The formal rescission of DAPA was anticipated. The Obama Administration program never went into effect.  It was immediately enjoined by a US Distict Judge in Texas.  That injunction was upheld by a split Fifth Circuit. The Obama Administration succeeded in obtaining Supreme Court review. However, following the death of Justice Scalia, the Court split 4-4, without issuing an opinion, thereby allowing the injunction to remain in effect. Following the election, the cancellation of DAPA became inevitable.

Ironically, the reasoning of the District Judge and the Fifth Circuit in the DAPA case has been cited by some in support of the so-far successful effort to enjoin Trump’s Travel Ban.

But, the good news here is that for the time being, at least, DACA remains in effect. As I have previously reported, the DHS is approving both new DACA applications and applications for renewal of DACA status.

PWS

06-16-17

NYT: Meet The White Nativist, Anti-Democracy Politician Kris Kobach — If You’re Non-White, He’s Out To Restrict Or Eliminate Your Right To Shape America’s Future — “implementing policies that protect the interests and aims of a shrinking white majority.”

https://www.nytimes.com/2017/06/13/magazine/the-man-behind-trumps-voter-fraud-obsession.html?action=click&contentCollection=Opinion&module=Trending&version=Full®ion=Marginalia&pgtype=article

Read Ari Berman’s shocking profile of a minor politician who wields outsized influence within the GOP and is out to put a “White’s Only” sign on the American Dream. For Kobach, the “Jim Crow Era” was the glory day of the “rule of law” in the U.S. When Kobach talks about the “rule of law” it’s code for using the legal system to cement the rule of a disproportionately white GOP minority over the rest of us, and particularly Americans of color. Will the “sleeping majority” wake up before we’re all disenfranchised by this racist in a suit hiding behind his Yale law degree and ability to spin legal gobbledygook? Kobach isn’t just “the ACLU’s worst nightmare,” as he smugly touts himself. He’s American Democracy’s worst nightmare!

Here’s a sample of what Kobach has in store for the rest of us:

“Kobach’s plans represent a radical reordering of American priorities. They would help preserve Republican majorities. But they could also reduce the size and influence of the country’s nonwhite population. For years, Republicans have used racially coded appeals to white voters as a means to win elections. Kobach has inverted the priorities, using elections, and advocating voting restrictions that make it easier for Republicans to win them, as the vehicle for implementing policies that protect the interests and aims of a shrinking white majority. This has made him one of the leading intellectual architects of a new nativist movement that is rapidly gaining influence not just in the United States but across the globe.”

Read Berman’s lengthy article, and think about what YOU can do to put the kibosh on the plans of this self-proclaimed “fanatic” and his dream of turning America into a “White GOP Folks Only Club.” Even Republicans who might remember enough to know that the GOP in the far, far distant past was the “Party of Lincoln” might want to rethink their party’s support of and association with this dangerous extremist. Act before it’s too late and Kobach steals YOUR American Dream and turns it into a nightmare!

PWS

06-13-17

 

 

 

 

Venezuela Now Tops List Of Asylum Sending Countries!

http://www.cnn.com/2017/06/11/us/venezuela-asylum-seekers-us/index.html

Marilia Brocchetto, Polo Sandoval and Jaide Timm-Garcia report for CNN:

“(CNN)The decision to come to the United States wasn’t an easy one. Carolina, a 33-year-old mother of three, said it was perhaps one of the toughest decisions of her life — one taken after many sleepless nights in her Barquisimeto, Venezuela, apartment.

Holding back tears, she remembers a night spent on the floor. She huddled with her three kids, praying, as Venezuelan government forces fiercely clashed with protesters outside her apartment walls. In the streets anti-government protesters demanded Venezuelan President Nicolas Maduro step down. Their protests were met with tear gas, water cannons, and rubber bullets. During that night of April 11, three Venezuelans would die in the Barquisimetoarea.
“The hardest moments happened on the last days,” Carolina said. Carolina is not her real name. She has asked to remain anonymous for fear of retaliation against her family in Venezuela.

Carolina says she got emotional the first time she visited an American supermarket. One of the first things she bought was candy for her children.

Sitting in a metro Atlanta shopping area, she talks of an entire life left behind. The boutique she owned with her husband. The social events she organized. She remembers her family — her uncle who’s currently recovering from a stroke and her grandmother, in her 80’s, who has no one to care for her.
“One day I called her and she told me all she had to eat was rice and butter.”
Venezuela has been plagued by food shortages and soaring prices. Inflation levels are in the triple digits. In 2016, the average Venezuelan living in extreme poverty lost about 19 pounds due to the lack of food. Many of its citizens had to skip meals, according to a national poll.
People have demanded president Maduro step down and hold elections. Protests have stretched into a third month, resulting in nearly 70 deaths.
Carolina, her husband and their three kids will soon be joining the growing number of Venezuelans seeking asylum in the United states. Venezuelans are now the top asylum seekers in the US, ahead of citizens from China, Mexico, Guatemala and El Salvador. It’s the first time Venezuelans have topped the list.
Carolina sold her business and her car in Venezuela and used the money to buy plane tickets for her family. The leftover money was rationed out to buy a small car and for a deposit on an apartment.
“We know we are starting from zero” she said, “it is a very difficult time and I have a lot of sadness in my heart for the things I left behind in Venezuela, but for my children, it is all worth it.”
Carolina and her family have been in the United States for less than a month. Once they file their asylum applications, Carolina and her husband will then need to wait 150 days before they can request a work permit.
In the meantime, she said she stays up at night talking to her husband about money, and how little of it they have left.
However, Carolina knows her family is lucky to have had the tourist visas that allowed them to come into the US.”
************************************************************
Read the complete story with more “individual portraits” at the link. This shows another hole in the Trump “border deterrence” theory: most Venezuelans enter the US legally and apply for asylum later on. I had predicted some time ago that Venezuela’s abusive leftist government would soon collapse what had been one of the Hemisphere’s more prosperous and resource rich countries, scattering hundreds of thousands of refugees throughout the Americas!
But, of course, advance planning with other nations for a humanitarian response to refugee emergencies is beyond this Administration. They just keep spouting enforcement and detention, the same failed, yet expensive, so-called “strategies” that have been unsuccessfully tried over and over for the past 50 years.
PWS
06-11-17

PBS: Under Trump/ Kelly Regime, DHS Agents Go For “Low Hanging Fruit” — Non-Criminals With Final Orders Deported After Routine Check-Ins With DHS — Policy Cruel, Unnecessary, Legal!

http://www.pbs.org/newshour/rundown/trump-old-deportation-orders-get-new-life/

PBS reports:

“LOS ANGELES — For years, immigrants facing deportation have been allowed to stay in the U.S. provided they show up for regular check-ins with federal deportation agents and stay out of trouble. After a brief meeting, they’re usually told to return months later to check in again.

Now, in cases spanning from Michigan to California, some of these immigrants are being told their time here is up.

Immigrants who already have deportation orders and were allowed to stay in the country under the prior administration have become a target under President Donald Trump’s new immigration policies, with some getting arrested on the spot during check-ins with officers. Such arrests have dismayed family members and sent chills through immigrant communities.

In other instances, immigrants have been fitted with ankle-monitoring bracelets. Others have been released much like they were during President Barack Obama’s administration in what immigration attorneys say appears to be a random series of decisions based more on detention space than public safety.

“Everywhere, people going in to report are just absolutely terrified,” said Stacy Tolchin, a Los Angeles immigration attorney.

Agents still consider requests to delay deportations at immigrants’ regularly scheduled check-ins if, for example, someone has a medical condition, said David Marin, who oversees enforcement and removal operations for Immigration and Customs Enforcement in Los Angeles. But decisions are made on an individual basis, and efforts are being stepped up to procure travel documents from foreign countries to send people back home.

“They still have the ability to file a stay, but again, we’re looking at it in a different light,” Marin said. “There has to be an end game here.”

RELATED RESOURCE: Millions targeted for possible deportation under Trump rules

Immigration and Customs Enforcement said it is tracking nearly 970,000 immigrants with deportation orders. The majority — 82 percent — have no criminal record, the agency said. ICE declined to say how many must regularly report to authorities or are tracked by ankle monitors, and it is unclear how many are being arrested.

Trump boosted immigration arrests by 38 percent in the early days of his administration, but deportations fell from a year ago as activity on the U.S.-Mexico border slowed.

For authorities keen on showing they’re beefing up immigration enforcement, immigrants who already have deportation orders are seen as an easy target. They can be removed from the country more quickly than newly arrested immigrants, whose cases can drag on for years in immigration court proceedings and appeals.

“I just assume they figure this is an easy removal. All we have to do is deport this person, and that adds to our numbers of people who are out of the United States,” said Heather Prendergast, chair of the American Immigration Lawyers Association’s National Immigration and Customs Enforcement Liaison Committee.

Many immigrants with old deportation orders have lived in the United States for years and set down roots here despite having no legal status, which deportation agents were known to weigh to decide who was a priority for removal.”

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

Read the complete report at the link.

Our zany immigration laws encourage arbitrary enforcement. And Trump, Kelly, & Sessions revel in the chance to undo the modest attempts at rationality and humanity that Obama injected into the system and demonstrate their fake “toughness” through arbitrary actions directed at vulnerable populations who have actually become part of our society.

History will judge harshly those who pick on the downtrodden for their own cheap political ends and the satisfaction of abusing power over others. That’s why it is important to make a clear record of the immoral behavior of those in power.

For example, President Woodrow Wilson is finally being held accountable for his grotesque racism. Some of the early Jesuits of Georgetown Univeristy are just now being exposed for violating their sacred mission by selling African Americans literally “down the river”  — splitting families in the process — to insure financial stability for Georgetown University. We are also coming to grips with the symbolic racism represented by many Confederate memorials, erected less to honor those who died in war than to symbolize continuing oppression of African Americans and glorify the systematic denial in the pre-1965 South of rights guaranteed by the U.S. Constitution.

PWS

06-10-17

 

THE ATLANTIC: Priscilla Alvarez Analyzes The Trump/GOP Push For “Merit-Based” Immigration!

https://www.theatlantic.com/politics/archive/2017/03/trump-cotton-perdue-merit-based-immigration-system/518985/

Alvarez writes:

“President Trump’s proposal to shift towards a “merit-based” immigration system would upend an approach that has existed for half a century.

Since the 1960s, the United States’ immigration system has largely based entry on family ties, giving preference to those with relatives who are citizens. But in his first address to a joint session of Congress in February, Donald Trump proposed moving away from that policy, focusing instead on an immigration system that would prioritize high-skilled immigrants.

Trump and his advisors have argued that the current levels of immigration harm American workers by lowering wages and preventing assimilation. A merit-based system, restrictionist advocates believe, would help lower immigration rates and ensure that the immigrants who do come are high-skilled workers who never need public assistance. “The current, outdated system depresses wages for our poorest workers, and puts great pressure on taxpayers,” Trump said in his speech to Congress.

While the president has yet to offer details, a merit-based system would pose its own challenges to economic prosperity. Critics believe that  a merit-based system that prioritizes high-skilled workers could hurt the economy by harming industries that rely on low-skill immigrant labor, and that fears that immigrants are not assimilating or are overly reliant on the social safety net are overblown.

The first example of the U.S. establishing qualifications for new immigrants was in 1917, when the government imposed a literacy test on those seeking to enter the country. In the 1960s, Congress lifted restrictions that heavily curtailed immigration from non-European nations, and reshaped the immigration system toward prioritizing admission of close relatives of immigrants already living in the United States. The overwhelming majority of immigrants are now admitted through that family-preference system, which significantly changed the ethnic composition of U.S. immigrant population by admitting more Latin American and Asian immigrants.

In 2015, for example, of the more than one million legal permanent residents admitted, “44 percent were immediate relatives of U.S. citizens, [and] 20 percent entered through a family-sponsored preference,” according to the Migration Policy Institute, a nonpartisan think tank. Only 14 percent of those admitted came through a job-based preference. The “merit-based” immigration system, in theory, would increase the latter figure, as it would prioritize those who are highly educated and therefore considered more employable.

Such a policy would likely limit the supply of low-skilled workers, and might allow the administration to filter which immigrants it chooses to admit. And a merit-based immigration system could also help realize a longtime conservative policy goal—a reduction in the number of immigrants admitted overall.

Some Republican lawmakers have already pushed for legislation that would limit legal immigration. Last month, Republican Senators Tom Cotton and David Perdue introduced legislation that would cut the number of immigrants legally admitted to the United States in half. It would do so in part by limiting the number of family members immigrants can sponsor for citizenship, a policy long sought by immigration restrictionist groups.

Dan Stein, the president of the Federation for American Immigration Reform, which supports curtailing immigration, said a merit-based approach could reduce the flow of immigrants coming into the United States. “The merit-system is also a surrogate for moving away from a system that the country doesn’t really get to control and regulate how many come in every year and who they are because of chain migration, the family-preference system,” Stein said, adding that a points system would be one part of the whole.

Nevertheless, assessing “merit” is difficult. A system that deliberately excluded low-skilled workers might raise labor costs in industries that rely on those workers, increasing prices for consumers but boosting wages for workers.”

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Read the full article at the link.

Third-year law student Saurabh Gupta introduced this article as part of our class discussion of “Family-Based Immigration” during my Immigration Law and Policy class at Georgetown Law last week. Needless to say, it provoked a lively and informative discussion, with students exploring the arguments on both sides as well of the practicalities of running such a system on a larger scale.

PWS

06-10-17

Allissa Wickham @ Law 360 Reports That DACA Is Alive & Well — At Least For Now!

Over 120K DACA Applicants Approved So Far This Year

Law360, New York (June 9, 2017, 8:34 PM EDT) — More than 120,000 applications for Deferred Action for Childhood Arrivals were approved in the first three months of this year, according to government statistics released Thursday, with the development coming as the Trump administration continues to hold off on making changes to the program.

From January to March, 124,799 DACA cases were approved, according to data from U.S. Citizenship and Immigration Services, with 17,275 initial applications and 107,524 renewals.

The data isn’t broken down on a month-by-month basis, and a USCIS representative told Law360 that the…

To view the full article, register now.
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Alas, if you wish to read more from the fabulous “AWick,” you’ll need to be a subscriber to Law 360. But, you get the idea.
PWS
06-10-17

REUTERS: Neither Rhyme Nor Reason Apparent In DHS Decisions to Undo Prosecutorial Discretion

http://www.reuters.com/article/us-usa-immigration-deportations-exclusiv-idUSKBN1902I4

Mica Rosenberg and  Reade Levinson report from Reuters:

“In September 2014, Gilberto Velasquez, a 38-year-old house painter from El Salvador, received life-changing news: The U.S. government had decided to shelve its deportation action against him.

The move was part of a policy change initiated by then-President Barack Obama in 2011 to pull back from deporting immigrants who had formed deep ties in the United States and whom the government considered no threat to public safety. Instead, the administration would prioritize illegal immigrants who had committed serious crimes.

Last month, things changed again for the painter, who has lived in the United States illegally since 2005 and has a U.S.-born child. He received news that the government wanted to put his deportation case back on the court calendar, citing another shift in priorities, this time by President Donald Trump.

The Trump administration has moved to reopen the cases of hundreds of illegal immigrants who, like Velasquez, had been given a reprieve from deportation, according to government data and court documents reviewed by Reuters and interviews with immigration lawyers.

Trump signaled in January that he planned to dramatically widen the net of illegal immigrants targeted for deportation, but his administration has not publicized its efforts to reopen immigration cases.

It represents one of the first concrete examples of the crackdown promised by Trump and is likely to stir fears among tens of thousands of illegal immigrants who thought they were safe from deportation.

While cases were reopened during the Obama administration as well, it was generally only if an immigrant had committed a serious crime, immigration attorneys say. The Trump administration has sharply increased the number of cases it is asking the courts to reopen, and its targets appear to include at least some people who have not committed any crimes since their cases were closed.

Between March 1 and May 31, prosecutors moved to reopen 1,329 cases, according to a Reuters’ analysis of data from the Executive Office of Immigration Review, or EOIR. The Obama administration filed 430 similar motions during the same period in 2016.

Jennifer Elzea, a spokeswoman for U.S. Immigration and Customs Enforcement, confirmed the agency was now filing motions with immigration courts to reopen cases where illegal immigrants had “since been arrested for or convicted of a crime.”

It is not possible to tell from the EOIR data how many of the cases the Trump administration is seeking to reopen involve immigrants who committed crimes after their cases were closed.

Attorneys interviewed by Reuters say indeed some of the cases being reopened are because immigrants were arrested for serious crimes, but they are also seeing cases involving people who haven’t committed crimes or who were cited for minor violations, like traffic tickets.

“This is a sea change, said attorney David Leopold, former president of the American Immigration Lawyers Association. “Before, if someone did something after the case was closed out that showed that person was a threat, then it would be reopened. Now they are opening cases just because they want to deport people.”

Elzea said the agency reviews cases, “to see if the basis for prosecutorial discretion is still appropriate.”

 

POLICY SHIFTS

After Obama announced his shift toward targeting illegal immigrants who had committed serious crimes, prosecutors embraced their new discretion to close cases.

Between January 2012 and Trump’s inauguration on Jan. 20, the government shelved some 81,000 cases, according to Reuters’ data analysis. These so-called “administrative closures” did not extend full legal status to those whose cases were closed, but they did remove the threat of imminent deportation.

Trump signed an executive order overturning the Obama-era policy on Jan. 25. Under the new guidelines, while criminals remain the highest priority for deportation, anyone in the country illegally is a potential target.

In cases reviewed by Reuters, the administration explicitly cited Trump’s executive order in 30 separate motions as a reason to put the immigrant back on the court docket. (For a link to an excerpted document: tmsnrt.rs/2sI6aby)

Since immigration cases aren’t generally public, Reuters was able to review only cases made available by attorneys.

In the 32 reopened cases examined by Reuters:

–22 involved immigrants who, according to their attorneys, had not been in trouble with the law since their cases were closed.

–Two of the cases involved serious crimes committed after their cases were closed: domestic violence and driving under the influence.

–At least six of the cases involved minor infractions, including speeding after having unpaid traffic tickets, or driving without a valid license, according to the attorneys.

In Velasquez’s case, for example, he was cited for driving without a license in Tennessee, where illegal immigrants cannot get licenses, he said.

“I respect the law and just dedicate myself to my work,” he said. “I don’t understand why this is happening.”

Motions to reopen closed cases have been filed in 32 states, with the highest numbers in California, Florida and Virginia, according to Reuters’ review of EOIR data. The bulk of the examples reviewed by Reuters were two dozen motions sent over the span of a couple days by the New Orleans ICE office.

 

PUMPKIN SEED ARREST

Sally Joyner, an immigration attorney in Memphis, Tennessee said one of her Central American clients, who crossed the border with her children in 2013, was allowed to stay in the United States after the government filed a motion to close her case in December 2015.

Since crossing the border, the woman has not been arrested or had trouble with law enforcement, said Joyner, who asked that her client’s name not be used because of the pending legal action.

Nevertheless, on March 29, ICE filed a two-page motion to reopen the case against the woman and her children. When Joyner queried ICE, an official said the agency had been notified that her client had a criminal history in El Salvador, according to documents seen by Reuters.

The woman had been arrested for selling pumpkin seeds as an unauthorized street vendor. Government documents show U.S. authorities knew about the arrest before her case was closed.

Dana Marks, president of the National Association of Immigration Judges, said that revisiting previously closed matters will add to a record backlog of 580,000 pending immigration cases.

“If we have to go back and review all of those decisions that were already made, it clearly generates more work,” she said. “It’s a judicial do-over.”

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I remember that during his confirmation hearings in the Senate, Secretary Kelly came across as someone who understood law enforcement priorities and the futility of “enforcement for enforcement’s sake.” But the “hallmarks” of the “Kelly DHS” have  been arbitrary and irrational enforcement, lack of transparency, lack of planning, general disregard of humane values, disrespect for migrants, waste of taxpayer dollars, and gross abuse of the U.S. Immigration Court’s docket.

PWS

06-09-17

UW Law Looking For Immigrant Justice Clinic Director!

http://jobs.hr.wisc.edu/cw/en-us/job/495278/immigrant-justice-clinic-director

Click the link for full details.  Great opportunity for a bilingual immigration attorney who wants to get into clinical teaching at a terrific school in a super city.  Unlike many of today’s law schools, UW Law is located on Bascom Hill in the “heart” of the Main Campus with a view of the Capitol dome! Madison has to be one of the best places to live in the US.

While the initial appointmeet is for one year, based on performance, creativity, and ability to inspire funding, the position has longer term potential!

And, as an extra bonus, if you get the job, I’ll drop by at some mutually convenient time and give your students a “guest lecture.” Preferably right before a Badger home football or basketball game!

Thanks to Professor Alberto Benítez of the GW Law Immigration Clinic for sending this my way.

PWS

06-09-17

 

AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS — Read My Keynote Speech FromThe Pennsylvania Immigration Resource Center’s “Light Of Liberty Awards” Ceremony Last Night!

AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATON COURTS

 

Keynote Address by

 

Paul Wickham Schmidt

 

United States Immigration Judge (Retired)

 

LIGHT OF LIBERTY AWARDS

 

Pennsylvania Immigration Resource Center

 

Heritage Hills Golf Resort

 

York, PA

 

JUNE 7, 2016

 

  1. I. INTRODUCTION

 

 

Good evening. Thank you so much for inviting me to speak at this wonderful event. I’m honored to be here. The PIRC is a terrific organization that provides critical legal services to the most vulnerable during one of the most difficult periods in our recent history.

 

The York area has a well-established tradition of humanitarian generosity and support for the most needy that was highlighted during the Golden Venture episode and described in the book Snakehead. I learned today that PIRC was formed to respond to the needs of the Golden Venture detainees. The U.S. Immigration Court in York has one of the highest representation rates for detained individuals in the nation, over 50%.

 

By contrast, the Arlington Immigration Court, where I used to sit, and the Baltimore Immigration Court had detained representation rates of around 20% and 10% respectively. And, it’s even worse in other parts of the country.

 

Back in February, I had the pleasure of working with your amazing Executive Director, Mary Studzinski, at a group session directed at improving training for non-attorney representatives authorized to practice before the U.S. Immigration Courts and the Board of Immigration Appeals. We bonded instantly. That’s “human bonding” rather than “immigration bonding,” of course. Mary’s kinetic energy, practical knowledge, tremendous dedication, and incisive contributions to the group were simply stunning. I must admit, I thought she was the Managing Attorney of the organization until she explained her role to me. You are so fortunate to have of someone who cares so deeply about your mission leading you. Mary is just what America needs right now.

 

Speaking of what America needs, I of course want to be the first to congratulate the five extraordinary individuals and two groups we are honoring tonight with well-deserved “Light of Liberty” Awards. Your energy, knowledge, and willingness to give of yourselves to others is making a much needed positive difference in this community and in our world. Each of you is indeed changing the course of history for the better. And, I’m pleased to announce that I have bestowed on each of tonight’s award recipients the rank of “General” in the “New Due Process Army. “

 

And, of course, thanks again to our great sponsors, mentioned by Mary, for supporting PIRCV and tonight’s awards.

 

II. THE DUE PROCESS CRISIS IN IMMIGRATON COURT

 

As most of you in this room probably recognize, there is no “immigration crisis” in America today. What we have is a series of potentially solvable problems involving immigration that have been allowed to grow and fester by politicians and political officials over many years.

 

But, there is a real crisis involving immigration: the attack on due process in our U.S. Immigration Courts that have brought them to the brink of collapse. I’m going to tell you seven things impeding the delivery of due process in Immigration Court that should be of grave concern to you and to all other Americans who care about our justice system and our value of fundamental fairness.

 

First, political officials in the last three Administrations have hijacked the noble mission of the U.S. Immigration Courts. That vision, which I helped develop in the late 1990s, is to “be the world’s best administrative tribunals guaranteeing fairness and due process for all.”

 

Instead, the Department of Justice’s ever-changing priorities, aimless docket reshuffling, and morbid fascination with increased immigration detention as a means of deterrence have turned the Immigration Court system back into a tool of DHS enforcement. Obviously, it is past time for an independent U.S. Immigration Court to be established outside the Executive Branch.

 

Second, there simply are not enough pro bono and low bono attorneys and authorized representatives available to assist all the individuals who need representation in Immigration Court. As I mentioned, this problem is particularly acute in detention courts. We know that representation makes a huge difference. Represented individuals succeed at rates four to five times greater than unrepresented individuals.

 

There have been a number of studies documenting the substandard conditions in immigration detention, particularly those run by private contractors, which in some cases prove deadly or debilitating. Some of these studies have recommended that immigration detention be sharply reduced and that so-called “family detention” be discontinued immediately.

 

A rational response might have been to develop creative alternatives to detention, and to work closely with and support efforts to insure access to legal representation for all individuals in Removal Proceedings. Instead, the response of the current Administration has been to “double down” on detention, by promising to detain all undocumented arrivals and to create a new “American Gulag” of detention centers, most privately run, along our southern border, where access to attorneys and self-help resources is limited to non-existent.

 

Third, the Immigration Courts have an overwhelming caseload. Largely as a result of “aimless docket reshuffling” by Administrations of both parties, the courts’ backlog has now reached an astounding 600,000 cases, with no end in sight. Since 2009, the number of cases pending before the Immigration Courts has tripled, while court resources have languished.

 

The Administration’s detention priorities and essentially random DHS enforcement program are like running express trains at full throttle into an existing train wreck without any discernable plan for clearing the track!” You can read about it in my article in the latest edition of The Federal Lawyer.

 

Fourth, the immigration system relies far too much on detention. The theory is that detention, particularly under poor conditions with no access to lawyers, family, or friends, will “grind down individuals” so that they abandon their claims and take final orders or depart voluntarily. As they return to their countries and relate their unhappy experiences with the U.S. justice system, that supposedly will “deter” other individuals from coming.

 

Although there has been a downturn in border apprehensions since the Administration took office, there is little empirical evidence that such deterrence strategies will be effective in stopping undocumented migration in the long run. In any event, use of detention, as a primary deterrent for non-criminals who are asserting their statutory right to a hearing and their constitutional right to due process is highly inappropriate. Immigration detention is also expensive, and questions have been raised about the procedures used for awarding some of the contracts.

 

Fifth, we need an appellate court, the Board of Immigration Appeals, that functions like a real court not a high-volume service center. Over the past decade and one-half, the Board has taken an overly restrictive view of asylum law that fails to fulfill the generous requirements of the Supreme Court’s landmark decision in Cardoza-Fonseca and the Board’s own precedent in Matter of Mogharrabi. The Board has also failed to take a strong stand for respondents’ due process rights in Immigration Court.

 

Largely as a result of the Board’s failure to assert positive leadership, there is a tremendous discrepancy in asylum grant rates – so-called refugee roulette.” Overall grant rates have inexplicably been falling. Some courts such as Atlanta, Charlotte, and some other major non-detained courts have ludicrously low asylum grant rates, thereby suggesting a system skewed, perhaps intentionally, against asylum seekers. Perhaps not coincidentally, the Board has become totally “government-dominated” with no member appointed from the private sector this century.

 

Sixth, the DOJ selection process for Immigration Judges and BIA Members has become both incredibly ponderous and totally one-sided. According to a recent GAO study, it takes on the average nearly two years to fill an Immigration Judge position. No wonder there are scores of vacancies and an unmanageable backlog!

 

And, it’s not that the results of this glacial process produce a representative immigration judiciary. During the Obama Administration, approximately 88% of the Immigration Judge appointments came directly from government backgrounds. In other words, private sector expertise has been almost totally excluded from the 21st Century immigration judiciary.

 

Seventh, and finally, the Immigration Courts need e-filing NOW! Without it, the courts are condemned to “files in the aisles,” misplaced filings, lost exhibits, and exorbitant courier charges. Also, because of the absence of e-filing, the public receives a level of service disturbingly below that of any other major court system. That gives the Immigration Courts an “amateur night” aura totally inconsistent with the dignity of the process, the critical importance of the mission, and the expertise, hard work, and dedication of the judges and court staff who make up our court.

 

III. ACTION PLAN

 

Keep these thoughts in mind. Sadly, based on actions to date, I have little hope that Attorney General Sessions will support due process reforms or an independent U.S. Immigration Court, although it would be in his best interests as well as those of our country if he did. However, eventually our opportunity will come. When it does, those of us who believe in the primary importance of constitutional due process must be ready with concrete reforms.

 

So, do we abandon all hope? No, of course not!   Because there are hundreds of newer lawyers out there who are former Arlington JLCs, interns, my former students, and those who have practiced before the Arlington Immigration Court.

           

They form what I call the “New Due Process Army!” And, while my time on the battlefield is winding down, they are just beginning the fight! They will keep at it for years, decades, or generations — whatever it takes to force the U.S. immigration judicial system to live up to its promise of “guaranteeing fairness and due process for all!”

           

What can you do to get involved now? The overriding due process need is for competent representation of individuals claiming asylum and/or facing removal from the United States. Currently, there are not nearly enough pro bono lawyers to insure that everyone in Immigration Court gets represented.

          

And the situation is getting worse. With the Administration’s expansion of so-called “expedited removal,” lawyers are needed at earlier points in the process to insure that those with defenses or plausible claims for relief even get into the Immigration Court process, rather than being summarily removed with little, if any, recourse.

 

Additionally, given the pressure that the Administration is likely to exert through the Department of Justice to “move” cases quickly through the Immigration Court system with little regard for due process and fundamental fairness, resort to the Article III Courts to require fair proceedings and an unbiased application of the laws becomes even more essential. Litigation in the U.S. District and Appellate Courts has turned out to be effective in forcing systemic change. However, virtually no unrepresented individual is going to be capable of getting to the Court of Appeals, let alone prevailing on a claim.

 

Obviously, the PIRC is a fantastic way to contribute to assertively protecting the due process rights of migrants. Internships and JLC positions at the Immigration Courts are also ways for law students and recent law grads to contribute to due process while learning.

 

As mentioned earlier, Mary and I have been working with groups looking for ways to expand the “accredited representative” program, which allows properly trained and certified individuals who are not lawyers to handle cases before the DHS and the Immigration Courts while working for certain nonprofit community organizations, on either a staff or volunteer basis. The “accredited representative” program is also an outstanding opportunity for retired individuals, like professors, teachers, and others who are not lawyers but who can qualify to provide pro bono representation in Immigration Court to needy migrants thorough properly recognized religious and community organizations.

 

Even if you are a lawyer not practicing immigration law, there are many outstanding opportunities to contribute by taking pro bono cases. Indeed, in my experience in Arlington, “big law” firms were some of the major contributors to highly effective pro bono representation. It was also great “hands on” experience for those seeking to hone their litigation skills.

           

Those of you with language and teaching skills can help out in English Language Learning programs for migrants. I have observed first hand that the better that individuals understand the language and culture of the US, the more successful they are in navigating our Immigration Court system and both assisting, and when necessary, challenging their representatives to perform at the highest levels. In other words, they are in a better position to be “informed consumers” of legal services.

           

Another critical area for focus is funding of nonprofit community-based organizations, like PIRC, and religious groups that assist migrants for little or no charge. Never has the need for such services been greater.

 

Many of these organizations receive at least some government funding for outreach efforts. We have already seen how the President has directed the DHS to “defund” outreach efforts and use the money instead for a program to assist victims of crimes committed by undocumented individuals.

 

Undoubtedly, with the huge emphases on military expansion and immigration enforcement, to the exclusion of other important programs, virtually all forms of funding for outreach efforts to migrants are likely to disappear in the very near future. Those who care about helping others will have to make up the deficit. So, at giving time, remember your community nonprofit organizations that are assisting foreign nationals.

 

Finally, as an informed voter and participant in our political process, you can advance the cause of Immigration Court reform and due process. For the last 16 years politicians of both parties have largely stood by and watched the unfolding due process disaster in the U.S. Immigration Courts without doing anything about it, and in some cases actually making it worse.

 

The notion that Immigration Court reform must be part of so-called “comprehensive immigration reform” is simply wrong. The Immigration Courts can and must be fixed sooner rather than later, regardless of what happens with overall immigration reform. It’s time to let your Senators and Representatives know that we need due process reforms in the Immigration Courts as one of our highest national priorities.

 

Folks, the U.S Immigration Court system is on the verge of collapse. And, there is every reason to believe that the misguided “enforce and detain to the max” policies being pursued by this Administration will drive the Immigration Courts over the edge. When that happens, a large chunk of the entire American justice system and the due process guarantees that make American great and different from most of the rest of the world will go down with it.

IV. CONCLUSION

 

In conclusion, I have shared with you the U.S. Immigration Court’s noble due process vision and the ways it currently is being undermined and disregarded. I have also shared with you some of my ideas for effective court reforms that would achieve the due process vision and how you can become involved in improving the process. Now is the time to take a stand for fundamental fairness! Join the New Due Process Army! Due process forever!

            Thanks again for inviting me and for listening. Congratulations again to our award winners and newly commissioned Generals of the New Due Process Army.

 

(06-08-17)

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Congratulations to these Light of Liberty Awards winners and newly commissioned Generals in the New Due Process Army:

ATTORNEY OF THE YEAR:

Rosina Stambaugh, Esquire

LAW FIRM OF THE YEAR

Asylum & Human Rights Clinic, University of Connecticut School of Law

CONTINUING COMMITMENT TO JUSTICE INDIVIDUAL:

Professor Jill Family,

Widener University Delaware Law School

INTERPRETER OF THE YEAR

Rosalyn Groff

COMMUNITY VOLUNTEER OF THE YEAR:

Dr. Anne Middaugh

CONTINUING COMMITMENT TO JUSTICE ORGANIZATION:

Philadelphia Bar Foundation

VOICE OF COURAGE:

Josia Nunes

 

Out in the audience was superstar lawyer/social worker Hannah Cartwright, a “Charter Member” of the New Due Process Army, now on the legal staff at the PIRC. Hanna, a distinguished Catholic University Law grad, served as a Legal Intern at the Arlington Immigration Court and a Judicial Law Clerk at the Philadelphia Immigration Court.

Pictures and other news from this wonderful event to follow.

PWS

06-08-17

 

 

 

 

 

 

 

BREAKING: NPR’s Beth Fertig Exposes Administration’s Immigration Court Due Process Disaster — Taxpayers Billed For Sending Judges To Hustle Detainees Through Court Without Lawyers, Leaving More Represented Cases At Home To Rot! — Backlogs Mushroom As Administration Plays Games With Human Lives!

http://www.wnyc.org/story/missing-new-york-immigration-judges/

Fertig reports:

“In the middle of May, paper notices were posted on the walls of the federal building in lower Manhattan announcing the absence of several immigration judges. Some were out for a week or two, while others were away for six weeks. The flyers said their cases would be rescheduled.

The Executive Office for Immigration Review, which runs the immigration courts, would not comment on the judges’ whereabouts. It cited the confidentiality of personnel matters. But after WNYC asked about these missing judges, many of the paper notices were taken off the walls of the 12th and 14th floors, where hearings are held in small courtrooms.

It’s no secret that President Donald Trump’s administration has been redeploying judges to detention centers near the southern border to speed up the processing of cases. After contacting numerous immigration attorneys down south, as well as retired judges and others, WNYC was able to crowdsource the judges’ locations. At least eight of New York City’s 29 immigration judges had been sent to Texas and Louisiana since March to conduct hearings in person or by video. Six judges were out for different parts of the month of May, alone.

“NYC

The federal building is home to the nation’s busiest immigration court, with a backlog of 80,000 cases. By redeploying so many judges in such a short period of time, immigration lawyers fear the delays will grow even longer. Meanwhile, attorneys near the border question whether these extra judges are even necessary.

Among other matters, judges at detention courts are supposed to hear cases involving people who crossed the border illegally. Yet those numbers have declined since Trump took office. That’s why local attorneys are cynical about the surge.

“I don’t really think that they need all these judges,” said Ken Mayeaux, an immigration lawyer in Baton Rouge.

Mayeaux said what’s really needed there are more immigration attorneys. As federal agents arrest an increasing number of immigrants who are already in the U.S. without legal status, they’re sending them to southern detention centers that are pretty isolated. The ones in Oakdale and Jena, Louisiana, are hours west of Baton Rouge and New Orleans, where the vast majority of the state’s immigration advocates are concentrated, said Mayreaux.

“To ramp things up in one of the places that has the lowest representation rates in the United States, that’s a due process disaster,” he said.

Data from the Transactional Records Access Clearinghouse at Syracuse University confirms that immigrants may only wait a couple of months for their deportation case to be completed in these detention centers near the border. But in New York, the wait to see an immigration judge is 2.4 years.

So why move judges from a clogged and busy court system in New York to the border region, where immigration cases are already moving swiftly?

“In this particular instance, it’s a virtuous circle from the perspective of the administration,” explained Andrew Arthur, a former immigration judge.

Arthur is a resident fellow at the Center for Immigration Studies. It’s a think tank that wants to limit immigration, though it’s been branded a hate group by the Southern Poverty Law Center. During the Obama administration, Arthur said too many immigrants were let out of detention and waited years for their cases to be heard. He said moving more judges to the border will prevent that from happening.

“Because the quicker that you hear the cases the less likely that an individual is to be released,” Arthur said. “Therefore the less likely another group of individuals are to attempt to make the journey to the United States.”

Another former immigration judge, Paul Wickham Schmidt, said the Obama administration tried something similar by fast-tracking the cases of Central American migrants in 2014. But he said it wound up scrambling the judges’ dockets and was counterproductive. He was redeployed from his home court in Virginia and estimates he had to reschedule a hundred cases in a week.

“Nobody cares what’s happening on the home docket,” he said. “It’s all about showing presence on the border.”

Not all judges assigned to the border are physically present. Mana Yegani, an immigration lawyer in Houston, said she’s seen several judges — including a few from New York — at a detention center where cases are done by video teleconference.

“We never see the prosecutor’s face, it’s just a voice in the background,” she explained. “It’s just not a fair process for our clients and I don’t think the judges can be efficient the way they’re supposed to. They take an oath to be fair and to uphold the Constitution and due process, and I think the way the system is set up it really hinders that.”

A new audit of the immigration courts by the Government Accountability Office questioned whether video teleconferences have an impact on outcomes and said more data should be collected.

Some attorneys believe the reassignments are temporary to see if border crossings continue to ebb. The Executive Officer for Immigration Review won’t comment on that, but spokesman John Martin said the agency will hire 50 new judges and “plans to continue to advertise and fill positions nationwide for immigration judges and supporting staff.”

In the meantime, there’s no question that shifting judges away from New York is having an impact on real people.”

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Read Beth’s entire article, including the story of one “real” asylum applicant waiting patiently for a hearing that almost didn’t happen.

The due process farce continues, at taxpayer expense, while the U.S. Immigration Courts are being treated as an enforcement arm of the DHS. Aimless Docket Reshuffling (“ADR”) denies due process at both the “sending courts” and “receiving courts.” When, if ever, will Congress or the Federal Courts step in and put an end to this travesty of justice and mockery of our constitutional requirement for due process! In the meantime, what’s happening in the Immigration Courts is a continuing national disgrace.

PWS

06-06-17