"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
The anti-woke crusade is rooted in fear and ignorance, a mnemonic placeholder for the bigoted things most people wouldn’t dare say aloud. Black Americans have been using the term “woke” since the 1940s to describe a state of awareness toward racist policies and worldviews that negatively impact the Black community. However, many White people now use the term as a derogative slur, a cowardly way of spilling the beans while denying any beans were spilled.
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Saying you are anti-woke is a way of admitting you are anti-Black without feeling the backlash many outspoken racists receive. Likewise, anti-woke crusaders are promoting anti-democratic policies by controlling what topics schools and businesses can read and discuss without getting labeled a fascist for circumventing the First Amendment of the Constitution. America was founded by White men interested in securing their rights while denying that same access to Black people, women, and racial and ethnic minority groups. We don’t have to worship the founding fathers blindly, nor should any American. It seems many conservatives are afraid of saying the quiet part out loud, of admitting that their crusade on “woke” is really an attempt to diminish the gains made by the Civil Rights Movement, of framing progress as regressive. Americans should challenge more conservatives to define “woke” on their own terms because the more descriptions they provide, the more we can see through the smoke and mirrors.
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Those with Medium access can read the complete article at the link.
Here’s one of my favorite comments on this article, from Walter Rhein: “When people say they are ‘anti-woke,’ I interrupt them and say ‘You mean ‘anti-black.’ They become enraged and act like they’re the victims (like racists always do).”
Cowardly insurrectionist racist oppressors and chronic liars bogusly claiming they are “victims,” perhaps of “the biggest witch hunt on history?” Sound familiar?
The far right’s war of hate directed against the “other” started with the White Nationalist war on immigrants. It’s called “Dred Scottification” of the other. Yet, the mainstream media downplays the real message and “normalizes” these vile attacks on our democracy. They “whitewash” the dangerous message of hate being promoted by DeSantis, Abbott, and their ilk.
Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Even the Biden Administration fails to “connect the dots” between the White Nationalist restrictionist war on asylum seekers of color they have adopted from Trump and Miller and the extremist right’s attack on Blacks, Asians, Hispanics, LGBTQ, women, teachers,Jews, Muslims, health care professionals, journalists, and everyone else “White Supremacist nation” perceives as a threat to their kakistocracy. In that way, this Dem Administration becomes part of problem, not the solution.
Judge William Van Wyke (D -Aug. 14, 2022) U.S. Immigration Judge (Ret.) Member Round Table of Former Immigration Judges “A True Due Process Visionary” PHOTO: the world.com
An invitationfrom the family of Judge William Van Wyke:
Please join us to celebrate the remarkable life of William Peter Van Wyke on Saturday, April 1, 2023. We will hold a remembrance at River Road Unitarian Church, 6301 River Road, Bethesda, MD, from 10 AM to noon, followed by an afternoon of food, drinks, music, and fun at the nearby Carderock Recreation Area Pavilion along the Potomac River.
The family invites and welcomes all who knew William and would be interested in attending.
🇺🇸 Due Process Forever! (A very “William Van Wyke” thing!)
Wendy Young President, Kids In Need of Defense (“KIND”)
In response to news reports that the Biden Administration is considering a return to the detention of families seeking safety in the United States, a policy the President vowed to abandon, Kids in Need of Defense President Wendy Young issued the following statement:
“The Biden Administration’s reported plan to reintroduce immigration detention for families seeking safety in the United States is starkly out of step with the President’s stated commitment to implement more humane and orderly immigration policies rooted in American values. It echoes the previous Administration’s deeply flawed approach to immigration, punishing families seeking safety and endangering the well-being of children. Layering failed deterrence strategies like family detention, Title 42, and the new proposed asylum ban will only result in increased family separations and higher numbers of unaccompanied and separated children needing protection.”
KIND notes that earlier this week 103 unaccompanied children were found among 343 migrants packed into an abandoned trailer in Veracruz, Mexico, a development that underscores the urgency to implement sensible and humane immigration policies that keep families together and create safe and efficient ways to seek protection in the United States. The organization’s midterm assessment of the Biden Administration’s protection of unaccompanied children urged the President to make good on his promise to protect unaccompanied children and implement policies that are a stark departure from the previous Administration.
“This Administration vowed to do better than its predecessor, but the asylum ban and the potential to return to family detention are seriously missing that mark,” concluded Young. “Relying on the failed policies of the past puts children at risk and keeps us from true reforms that have the potential to save lives.”
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Joe Biden wouldn’t be President if he had run on this guy’s “hate platform.” So why does Biden think that he can get away with a “bait and switch?” Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com
“Deterrence” directed at legal asylum seekers, particularly vulnerable families and children, is obscene! 🤬 It’s also highly ineffective.
As Wendy points out, there are lots of humane potential solutions to restoring the rule of law at the border. The Biden Administration isn’t interested in keeping their campaign promises or finding solutions. Why?
Today is International Women’s Day! I can’t think of a better representative of powerful, courageous, brilliant, and inspirational women leaders than KIND President Wendy Young — certainly one of my “personal heroes!”🦸🏻🦸🏻🏅 Thanks for all you do, Wendy, your human rights leadership, and your consistent courage to “speak truth to power!” We need more “values-driven” leaders like you!
Biden taking this stance on criminal justice issues comes after the administration recently announced a series of restrictions on asylum seeking so stringent that some former Biden staffers are likening them to Donald Trump’s policies.
I think these decisions are largely about electoral politics. A big part of Biden’s 2024 strategy is to win Michigan, Pennsylvania and Wisconsin again. These states are disproportionately White and have a lot of swing voters who are moderate or conservative on issues such as immigration.
“Electoral politics trump values when it comes to access to asylum,” a Biden administration official recently told the Los Angeles Times.
But I am still not convinced these moves are good politics. Republicans are going to cast Democrats as too lenient on crime and immigration no matter what. I am skeptical these Republican attacks would be significantly more effective because Biden let the D.C. criminal code revisions go into effect or was more lenient to asylum seekers. It’s not as if he has delivered a major speech calling for open borders or defunding the police.
At the same time, voters know the Democratic Party is the one that is more supportive of immigration and making the criminal justice system less punitive. So I am also skeptical that Biden moving to the right on these issues in early 2023 in fairly subtle ways is going to help that much.
And while the electoral effects are fairly unclear, the policy ones are very obvious. Biden is embracing immigration limitations that a future President Trump or DeSantis would build on. The next Republican president will try to silence critics by noting that a Democratic president did similar things.
There will be some people who truly deserve asylum who won’t get it because of Biden’s new policies. It is hard to imagine a Republican president respecting D.C. home rule if a Democratic one won’t. It is extremely disappointing that a heavily White coalition (congressional Republicans, swing-district Democrats and Biden) is reversing the decisions of the government of heavily Black D.C.
Biden appears to be emulating his Democratic predecessors. It’s hard to definitively prove when a politician does something for electoral reasons. But the list of actions taken by Bill Clinton and Barack Obama as candidates and presidents that likely were done in part to appeal to White swing voters is long and troubling: Clinton’s criticism of the rapper Sister Souljah, in part to distance himself from Jesse Jackson, the leading civil rights activist of that time; his decision to leave the campaign trail to preside over an execution in his role as Arkansas governor; his enactment as president of anti-crime and anti-welfare provisions that embraced anti-Black stereotypes of that era; Obama, as a senator from Illinois, criticizing the Rev. Jeremiah Wright, who conducted Obama’s wedding; and Obama often ducking addressing racial issues, particularly in his first term.
I assume Clinton and Obama would argue that their actions were better than letting a Republican be elected. And that they sincerely believed in most or all of them. Biden might argue that his moves to the right will literally save democracy, because the Republican Party of today is so radical.
But if you have to override the elected local representatives of a place (D.C.) that has no representation in Congress to woo swing voters in Wisconsin, you are trying to preserve something less than an ideal democracy.
There must be ways for Biden to appeal to White swing voters that don’t involve backtracking from core principles such as asylum rights, D.C. home rule and a fair criminal justice system. His reelection is a big thing. It’s not the only thing.
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Very “spot on” analysis by Perry of why once in office, Dems often betray supporters and abandon values — without getting much in return, but also without consequences for their repeated treachery,
So, according to Biden and the toady Dems (“DINOs?”) who surround him, “access to asylum” — which happens to be a legal right guaranteed by law— is just another “strategic option” — totally expendable, like the many grass roots progressive Dems who support it and helped elect Biden/Harris in 2020.
The progressive social justice movement thus finds itself at a perilous crossroads. It has grown and amassed a remarkable wealth of talent, energy, and a commitment to taking a diverse America into a better democratic future. It also represents values and practical solutions that should appeal to the majority of Americans.
Yet, it finds itself without a political home and lacking meaningful political influence. Thanks to Biden, progressives find themselves spending far too much of their time and energy re-fighting fundamental battles that they won years ago, undone by Trump, and now adopted and “normalized” by Biden.
And despite many impressive successes in defending democratic principles in increasingly conservative courts, progressives lack the political power and strategy to “out-punch” the radical neo-fascist right. The latter group consistently “punches above its weight” politically.
Biden’s “vision” of America’s future looks depressingly familiar and unoriginal. Why are progressive Dems putting up with this? Public Realm
Can “Kids in Cages” — perhaps displayed outside next year’s Democratic Convention to show that this Administration is “tough as nails” when it comes to beating up on the most vulnerable and ignoring laws they are too incompetent and cowardly to implement — be far behind?
I’ve said this before: Until progressives can band together and develop a political strategy (perhaps not unlike the “Freedom Caucus” in the GOP) for making spineless Dems like Biden and Harris pay a political price for abandoning values and disrespecting grass roots supporters, they will continue to be abused, humiliated, and treated as expendable by a Dem Party that time and time again has demonstrated an inability and unwillingness to govern according to principles and fundamental values. Why keep voting, funding, and supporting folks who don’t represent your values any more than the GOP does?
That’s a serious question that progressives need to answer. It’s particularly pertinent for younger progressives whom Dems see as the “future of the party,” while taking your support for granted and without committing to represent or stand up for your deeply held values. Sounds like a bad deal to me!
Dems, as a whole, suffer from a chronic inability to distinguish their friends from their enemies. Progressives, particularly the “younger generation,” would do well to learn the difference and act accordingly!
Immigration Court can be a daunting experience even for veteran litigators. For folks like this, alone with no representation, it’s “mission impossible.” Yet Biden A.G. Merrick Garland has done little to fix the systemic “user unfriendliness” and sometimes outright hostility to pro se litigants in his totally dysfunctional “courts in name only!” (“CINOs”). PHOTO: Victoria Pickering, Creative Commons License
Clearly, gimmicks rolled out by Garland and the Biden Administration, including stunts like “dedicated dockets,” “expedited dockets,” “Aimless Docket Reshuffling,” detention courts in the middle of nowhere, unregulated bond procedures, lousy precedents, wasteful litigation against practitioners, proposed regulations irrationally “presuming” denial of asylum, abuse of Title 42, assigning asylum seeker resettlement to GOP nativists like DeSantis and Abbott, and refusal to bring in qualified experts with Immigration Court experience to fix this disasterous system have made the already horrible plight of the unrepresented worse! See, e.g.,https://trac.syr.edu/immigration/reports/674/.
With respect to DHS detainees awaiting hearing, a few are subject to so-called “mandatory detention without independent review” as a result of statutes. Others are imprisoned because ICE claims that they are so-called “arriving aliens” (a designation that even some IJs struggle with, but that has huge consequences for a respondent), “likely to abscond,” or ”security risks!”
But, a significant “unstated purpose” of immigration detention, often in substandard conditions, is to coerce detainees into giving up legal rights or waiving appeals and to punish those who stubbornly insist on asserting their rights.
When the almost inevitable “final order of removal” comes, officials in Administrations of both parties believe, without much empirical evidence, that detainees will serve as “bad will ambassadors,” carrying back woeful tales of wonton cruelty and suffering that will “deter” others from darkening the doors of “the world’s most generous nation.”
In spite of this overall “institutionalized hostility,” there is a small, brave cadre of “due process/fundamental fairness heroes” known as the Office of Legal Access Programs, or “OLAP” at EOIR!Forced into “the darkest corners of the EOIR Tower dungeon” during the reign of terror of “Gonzo Apocalypto” Sessions and “Billy the Bigot” Barr, they have finally been released into daylight.
The Dungeon Former A.G. Jeff “Gonzo Apocalypto” Sessions had a special place in the EOIR Falls Church Tower for those trying to assist pro se litigants in Immigration Court. Public Realm
But, make no mistake about it — these courageous folks at OLAP aren’t helping to “drive the train” at EOIR under Biden and Garland, as they certainly should be! No, as was the case before Trump, they are racing down the station platform to catch the train as it departs without them.
How do I know? It’s actually pretty obvious. If Garland & the Administration were actually serious about promoting representation, they would:
Require a positive report from the OLAP before opening any new Immigration Court;
Subject all existing detained “courts” (that aren’t really “courts” at all, within the common understanding of the term) to an OLAP analysis, involving input from the pro bono bar, and close any location where pro bono counsel can’t be made reasonably available to all detainees who want it;
Make part of the IJ hiring process input from the OLAP and the public into the demonstrated commitment of each “finalist” for an Immigration Judge position to working to maximize representation; and
Work with outside programs like Professor Michelle Pistone’s innovative “VIISTA Villanova Program” for training accredited representatives to “streamline and expedite” the Recognition & Accreditation process housed within OLAP.
To my knowledge, none of these obvious “first steps” to address the representation crisis at EOIR have been instituted. Tells us about all we need to know about the real importance of the OLAP in Garland’s galaxy.
Recently, I had the pleasure of meeting with Alicia de La O, her attorneys, and interns at the ABA who are helping the OLAP “staff” the “pro se hotlines” for detainees in immigration proceedings. Of course, they can’t provide “legal advice,” although they can direct pro se litigants to available “self help” materials prepared by OLAP and reliable pro bono NGOs. But, as I pointed out, just being available to speak with isolated detainees, listen sympathetically, and direct them to available resources is a “big deal” from both a human and a practical perspective.
Alicia de la O Senior Attorney/Chief Counsel, ABA Commission on Immigration PHOTO: Linkedin
Remarkably, the amazingly talented, informed, and energetic undergraduate internsworking with the ABA had a far better understanding of the corrosive effect on democracy and America’s future of the mocking of due process, fundamental fairness, racial justice, and human dignity in Immigration Courts than inept and often clueless Biden Administration so-called “immigration policy officials” have acknowledged with their words and deeds. Indeed, one of the undergraduate interns had already completed the VIISTA program. He therefore probably knows more about the Immigration Courts at the “retail level” than some of the clowns Garland has running EOIR!
The energy and commitment of these interns to take on existential challenges that our “leaders” from both parties have shunned, gave me some hope for America’s future. That is, if democracy can survive the overt attacks from the right and its tepid defense by Democrats, by no means an assured outcome.
This opportunity to meet with those working on the front lines of helping the most isolated, vulnerable, and intentionally neglected among us got me thinking about what I might say to a pro se litigant stuck in the “EOIR purgatory,” based on my experience. I note, with some pride, that during my time on the trial bench, almost every pro se individual who wanted to appeal one of my orders was able to file timely with the BIA based on the detailed instructions I gave them at the end of the hearing.
So, as promised, here’s “my list!”
PRO SE CHECKLIST
Judge (Ret.) Paul Wickham Schmidt
March 1, 2023
1) Be careful in filing out the I-589. Everything in the application, including mistakes, omissions, and failure to answer questions can be used AGAINST you at the hearing. Filing a fraudulent application can have severe consequences beyond denial of your case.
2) Do NOT assume that significant omissions or errors in the I-589 can be corrected or explained at the hearing without adverse consequences.
3) If you use a translator, ask that the application be read back to you in FULL for accuracy, before signing. Generally, there is no such thing as an “insignificant error” on an asylum application. All inaccuracies can and will be considered by the IJ in determining whether you are telling the truth.
4) Obtain any relevant documentation supporting the claim and attach to the application. All documents in a foreign language MUST be translated into English. A certificate of accuracy from the translator must also accompany the document. DO NOT expect the court interpreter to translate your documents during the hearing.
5) Understand NEXUS to a “protected ground;” merely claiming or even proving that you will suffer harm upon return is NOT sufficient to win your case; many pro se cases fail on this basis.
6) Any pro se case claiming a “Particular Social Group” will need help in formulating it. Do NOT expect the IJ or ACC to assist in defining a qualifying PSG.
7) Keep a copy of the application and all evidence submitted.
8) Sign your application.
9) Make sure that the original signed copy goes to the Immigration Court and a copy to the ACC.
10) Keep documents submitted by ICE or the Immigration Court.
11) Do NOT rely on your translator, friends, relatives, or “jailhouse lawyers” for advice on filling in the application. NEVER embellish or add incorrect information to your I-589 just because someone else tells you to or says it’s “the only way to win your case.”
12) DO NOT let friends, detention officers, the IJ or anyone else (other than a qualified lawyer working for you) talk you out of pursuing a claim if everything in it is true. You must “tune out chatter” that everybody loses these cases, and therefore you are wasting your time.
13) Do NOT tell the IJ and/or ACC that everything in your application is true and correct if it is not true!
14) If you discover errors in your application before the hearing, ask the IJ at the beginning of the hearing for an opportunity to correct them. Do NOT wait to see if the ACC brings them up.
15) If you will be testifying through an interpreter, ask the IJ for a brief chance to converse with the interpreter before the hearing to make sure you understand each other. If there is any problem, tell the IJ BEFORE the hearing begins.
16) The Immigration Court hearing is a formal, adversary hearing, NOT an “informal interview” like the Asylum Office.
17) Be courteous and polite to the Immigration Judge, the ICE Assistant Chief Counsel, and the interpreter at all times, BUT BE AWARE:
1) The IJ and the ACC are NOT your friends;
2) They do NOT represent your interests;
3) The ACC’s basic job is to urge the IJ to deny your application and enter an order of removal;
4) The IJ is NOT an independent judge. He or she works for the Attorney General a political enforcement official. Some IJs function with a reasonable degree of independence. But, others see themselves largely as assisting the ACC in in denying applications and rapidly turning out removal orders.
5) The interpreter works for the court, NOT you.
18) YOU will be the only person in the courtroom representing your interests.
19) Don’t answer a question that you don’t understand. Ask the IJ to have it repeated. If it is a complicated question, ask the IJ if it can be broken down into distinct parts.
20) If you really don’t know the answer to a question, don’t “guess!” “I don’t know, your honor” is an acceptable answer, if true.
21) If the ACC introduces evidence at the hearing — say a copy of the Asylum Officer’s notes — ask the IJ for a full translation through the interpreter before answering questions.
22) If documents you submitted support your claim, direct the IJs attention to those documents.
23) When it is time for the IJ to deliver an oral decision, make sure that you are allowed to listen through the interpreter.
24) Bring a pencil or pen and a pad of paper to the hearing. Try to take notes on the decision as it is dictated by the IJ.
25) If the decision goes against you, tell the IJ that you want to reserve an appeal and request copies of the appeal forms. You can always withdraw the appeal later, but once an appeal is waived it is difficult, often impossible, to restore it.
26) If the IJ rules in your favor, and the ACC reserves appeal, understand that the order in your favor will have no effect until the appeal is withdrawn or ruled upon by the BIA. For detained individuals, that probably means remaining in detention while the appeal is resolved, which might take months.
27) If you appeal, fill out the forms completely according to instructions and file with the BIA as soon as possible, the same or next day if you can. That is when your memory will be best, and it maximizes the chance of the BIA receiving your appeal on time. Do NOT wait until the last minute to file an appeal.
28) Be SPECIFIC and INCLUSIVE in stating why you think the IJ was wrong. Attach a separate sheet if necessary. Just saying “The Judge got it wrong” or “I disagree with the decision” won’t be enough and might result in the BIA rejecting your appeal without further review.
29) Remember to file the separate fee waiver request form with the Notice of Appeal.
30) Assume that all filing deadlines will be strictly applied and that pro se applicants will NOT be given any breaks or special treatment, despite mailing difficulties and other problems.
31) DON’T count on timely mail delivery. The Notice of Appeal, brief, or any other document is not “filed” with the BIA until they actually receive it. Merely placing it in the mail before the due date will NOT be considered a timely filing if the document arrives late. Mail early!
32) If you are not in detention, use a courier service to deliver filings to the BIA so you have solid evidence of timely filing.
33) If you check the box on the appeal form saying you will file a brief or additional statement, you MUST do so, even if short. Failing to file a brief or written statement after checking that box can be a ground for the BIA to summary dismiss your appeal without considering the merits.
34) Info about the BIA Pro Bono Project.
NOTICE: The ideas above are solely mine. They are not legal advice, and have not been endorsed or approved by any organization or any other person, living or dead, born or unborn.
Garland whiffs again. His mind appears to be on Ukraine not solving the mess in his courts or the ongoing violations of human rights of asylum seekers on his watch. “Strikeout” Attribution: Creative Commons 2.0“Eyore In Distress” Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up” —- Poor little guy might have expected a helping hand from a Dem Administration. But his predicament has actually gotten worse under Gartland!
“Plaintiffs commenced this action on July 31, 2020, alleging violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment, seeking an order enjoining Defendants from compelling attorneys to appear at the Newark Immigration Court for in-person proceedings, and seeking an order compelling Defendants to provide attorneys with an option for hearings at the Newark Immigration Court by remote videoconference … ORDERED that absent emergent circumstances, Webex motions must be filed electronically or postmarked at least fifteen (15) days prior to scheduled hearings. Emergent circumstances include, but are not limited to, contracting COVID-19 or coming into immediate exposure with a person who has contracted COVID-19 within the fifteen (15) day period; and it is further ORDERED that Newark Immigration Judges must issue a decision in deciding a Webex motion and clearly state the case-specific reasons upon which the decision is based, and such decisions must be signed and dated; and it is further ORDERED that if a Newark Immigration Judge does not issue a decision regarding a Webex motion 48 hours prior to the relevant hearing, the motion will be deemed granted by the Newark Immigration Judge, and the hearing will be conducted by WebEx. The 48-hour requirement applies only to motions made at least fifteen (15) days prior to the scheduled hearings and does not apply to emergent motions…”
“Akiva Shapiro, an attorney for the AILA, said in an email to Law360 on Thursday that the order “is a home run for us.” “We are thrilled that New Jersey immigration attorneys and their vulnerable clients are once again assured access to remote immigration hearings, and that the immigration court will no longer be able to force them to choose between risking their lives and staving off deportation and other severe consequences,” Shapiro said. He noted that attorneys with the DHS had taken a different stance than the EOIR. “Even the government’s own immigration enforcement lawyers supported us and testified that the Newark immigration court was risking their health in failing to provide meaningful access to remote hearings. That’s how bad the situation was at the Newark court,” Shapiro said.” – Read more at: https://www.law360.com/immigration/articles/1581757/judge-orders-nj-imm-court-to-decide-remote-requests
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Ever wonder why there are astounding backlogs at EOIR and DOJ won’t take a stand for fair treatment of asylum seekers at the border?
This pathetic, unprofessional, dilatory “defense of the indefensible” says much about the trajectory of DOJ under Garland! Also, it shows how under Garland, DOJ wastes time and money creating problems rather than solving them!
Competence, leadership, standards, professionalism, accountability — all missing at DOJ under Garland!
Is there ANY reason a “real” Federal Judge had to intervene to micromanage EOIR through this ridiculous self-created problem!
Folks, this is the “low hanging fruit” of governing! The Judge found that EOIR violated a stipulated order. Heck, DHS attorneys testified against the DOJ in this case! EOIR’s “expert” reportedly undermined their inane position! Yet, Garland let this nonsense continue to unwind and waste a U.S. District Court’s time.
There were plenty of opportunities for “higher ups” in the DOJ to end this farce. They failed to do so!
Remember, all this stupid resistance was to a program slated to end in May! The Judge basically begged the DOJ to do its job and settle this case! It fell on deaf ears!
Simply incredible! I take that back. “Incredible” understates the case; it’s insane! Totally! 🤯
As Garland wanders around Ukraine, the U.S. continues to violate human rights and international agreements at the Southern border on a daily basis. The DOJ takes anti-human-rights positions in Federal Court. Asylum denying IJs continue to run amok at EOIR. And, a U.S. District Judge has to take over daily administration of the New Jersey Immigration Courts because Garland won’t bring in competent expert leadership who can and will do the job!
With perhaps the largest “talent pool” ever available to a Dem President, guess I’m not the only one to wonder about the source of some of the “talent” the Biden Administration relies upon, particularly in the “make or break” areas of immigration, human rights, due process, and racial justice! PHOTO: Thomas Hawk Creative Commons Amateur Night
Multiple House Democrats have expressed anger and frustration over President Biden’s decision to sign a resolution ending a Washington, D.C., crime bill, after they were led to believe he would veto the resolution and protect the bill.
According to The Hill, some of these Democratic Party lawmakers are so outraged over Biden’s decision that they’ve resorted to blasting the White House in expletive-laden epithets. One told the outlet that this is “F—ING AMATEUR HOUR.”
The same lawmaker claimed that the White House “f—ed this up royally.” Others said Biden’s decision was “disappointing.”
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You can read the full report at the link.
Those of us trying to get the Biden Administration to live up to its promises, follow basic asylum law, respect due process for asylum seekers and other immigrants, end the scofflaw rejection of legal asylum seekers at the border, and reform the most important Federal Court system totally under the Administration’s control — the dysfunctional “Trump weaponized” U.S. Immigration Courts — feel your pain and frustration!🤯
Led by a notorious insurrectionist, GOP cortège, in full regalia, heads into border battle against I-589-carrying “invaders” determined to exercise their rights under U.S. and international law. “Desperate people of color trying to do things the right way and threatening to invoke legal rights are the single greatest threat today to White Nationalist America,” said one cortège member! “Those seeking to use our laws as they were intended to gain the protection we promised, and then scheming to work hard, pay taxes, provide services, innovate, raise their families, enrich our culture, and contribute to the common good are an existential threat to American exceptionalism,” said one of the beclowned troupe! PHOTO: Public Domain
House Republicans, led by loudest maniac Jim Jordan, had high hopes of stealing some of President Joe Biden’s thunder after his historic surprise trip to Kyiv, Ukraine. “Oh, yeah,” you could hear them squeaking. “We’ll show him.” So in the best tradition of nativist, isolationist know-nothingism, they headed for the southern border to put on a show of hunting for the crisis of the hordes invading “our” country. What they got was … not that.
“As they rumbled along the entry port of San Luis, a dam along the Colorado River and more desolate sections of the U.S. border between Arizona and Mexico, though, their search came up empty,” a reporter on the scene described. “Hours later, immigration officials would spot a group crossing north, but it was long after Congress members had retired for the night.”
This was part of what they’re calling a “field hearing” by the House Judiciary Committee, explaining Jordan’s, ahem, leadership. (Seriously, they need to rethink having this guy as their mascot. Does anyone, could anyone, find this guy compelling?) The “convoy” included “more than a dozen congressional Republicans, a large contingent of staffers and a handful of reporters.” Having turned the trip into some kind of sick safari, the group thwarted their own goal.
“Jordan’s group was told that around 4,000 immigrants cross the U.S. border near Yuma each day, but its conspicuous presence thwarted the expedition’s goal of spotting immigrants attempting an unobtrusive entry.” You don’t say. They did spot a bus parked across the border, however. No one came out of it to make a run for the border.
No Democrats participated in what ranking committee Democrat Jerry Nadler called a “stunt hearing,” though he did say that some Democrats from the committee would go to the border next month to to “hear from the community and government officials on the ground.”
The big convoy also help put the lie to the GOP’s government spending obsession. This is the third trip to the border by some contingent of GOP House members in the new Congress, with Barely Speaker Kevin McCarthy having already gone to try to score points, as well as members of the Energy and Commerce Committee.
The Homeland Security Committee has what they’re calling a “border bootcamp” for Republican freshmen members, and the Oversight Committee has plans to go in the near future, too. That’s one way to stop illegal crossings: Just keep sending down convoys of GOP representatives to play border patrol.
All that’s pretty expensive. The GOP Judiciary Committee alone has requested $262,400 for travel this session. In 2022, with Democrats in charge of the committee, they spent $7,986.
When it comes to actual border policy rather than publicity and preening, they’ve got nothing. Or rather they’ve got an interparty fight, as Gabe Ortiz reported. Their first go at an immigration bill “was so extreme it derailed itself, after so-called moderates refused to sign on.”
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If the GOP were really serious about cutting wasteful spending, they could “ground” Jordan and his traveling White Nationalist circus!
Why would a Dem President curry favor for his border policies from an anti-democracy, White Nationalist, election-denying blowhard, eschewing the rule of law, human decency, and the expert advice of many who voted for him in the process? Got me on that one!
“The White House must be really proud of getting endorsements from guys like Jordan and Chad Wolf (a/k/a “Wolfman”),” one human rights wag reportedly quipped!
Democrats! Has there ever been a more frustrating party when it comes to human rights, backbone, and carrying out promises, not to mention using the brainpower and resources available to solve problems, rather than lamely “gimmicking” them? Honestly!🤯
In a (perhaps unexpectedly) shrewd move, House Judiciary Dems took a pass on this GOP clown show. It would be a good idea, however, for Dems to go to the border, without the Ringling Bros, Barnum & Bailey act, observe the human carnage caused by the wrong-headed (not to mention illegal) approach of the last two Administrations, and interact with some of those humans affected, including asylum seekers, local officials, residents, dedicated advocates, and NGO personnel. The latter two have been about the ONLY ones trying to uphold the rule of law and to inject some common sense and much needed humanity into this unnecessarily chaotic situation caused by our Government’s abandoning our legal and moral obligations toward those fleeing persecution — over two Administrations.
UNIVERSITY PARK, Pa. — Shoba Sivaprasad Wadhia, associate dean for Diversity, Equity, and Inclusion, Samuel Weiss Faculty Scholar, clinical professor of law, and director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, will be appointed to the position of Civil Rights and Civil Liberties Officer (CRCL) in the Department of Homeland Security. This is a presidential appointment during which Wadhia will take a leave of absence from Penn State Law.
The Office for Civil Rights and Civil Liberties supports the Department of Homeland Security in providing security for the nation while “preserving individual liberty, fairness, and equality under the law.” CRCL also includes civil rights practices in the Department’s activities and takes step to advance them within the Department.
“This is a full circle moment for me,” said Wadhia, reflecting on her career as an immigration attorney, policy advocate where she engaged in legislative advocacy surrounding the creation of the Department of Homeland Security, and her work at Penn State where she teaches students about the role of federal agencies and the intersection of immigration and administrative law.
Victor Romero, interim dean of Penn State Law and the School of International Affairs, Maureen B. Cavanaugh Distinguished Faculty Scholar, and professor of law said, “We’re deeply proud of Shoba and all her accomplishments at Penn State Law, and we’re excited to see what she achieves in her new position as the Civil Rights and Civil Liberties Officer. She’s a shining example of excellence and leadership in the legal community. We wish her the best of luck during her appointment and eagerly wait for her to share her experiences with the students at Penn State Law upon her return.”
Wadhia looks forward to bringing her experience as CRCL Officer back to the classroom and sharing her work in Diversity, Equity and Inclusion, and contributions more broadly to Penn State Law and beyond. Her teaching courses include Asylum and Refugee Law, Center for Immigrants’ Rights Clinic, Immigration Law, and Law and (In)equity.
“Bringing back my experience at DHS will help me enrich the classroom experience for my students and broaden my lens on the internal work of agencies, and how institutions can respond or reform issues through an equity lens,” said Wadhia.
Her work has been published in numerous law journals, including Duke Law Journal, Emory Law Journal, Texas Law Review, Washington and Lee Law Review, Harvard Latino Law Review, Administrative Law Review, Howard Law Journal, Georgetown Immigration Law Journal, and Columbia Journal of Race and Law.
Wadhia is the founder and director of the Center for Immigrants’ Rights Clinic (CIRC), which has earned a national reputation for its high-quality work product and impact in the community. CIRC was honored with the Excellence in Legal Advocacy Award in 2017 by the American-Arab Anti-Discrimination Committee and named legal organization of the year in 2019 by the Pennsylvania Immigration Resource Center.
Prior to joining Penn State, Wadhia was deputy director for legal affairs at the National Immigration Forum in Washington, D.C., where she provided legal and policy expertise on multiple legislative efforts, including the creation of the Department of Homeland Security, comprehensive immigration reform, immigration enforcement, and immigration policy post 9-11. Wadhia has also been an associate with the immigration law firm Maggio Kattar of P.C. in Washington, D.C., where she represented individuals and families in asylum, deportation, family, and employment-based immigration. She is a 1999 graduate of Georgetown University Law Center.
LAST UPDATED MARCH 1, 2023
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Many congrats, Shoba, and thanks for taking on this important challenge! Like your PSU Law colleagues, we’re all proud of you!
As one member of our Round Table quipped upon hearing the great news about Shoba: “Love Shoba! And then for comparison, look at who EOIR has running its agency.”
All the best to you in your new position, Shoba! And, thanks again for doing this for the cause of justice in America!
“Juana,” a client of the Asylum & Convention Against Torture Clinic and Annunciation House in Texas, after she won asylum and was released from detention in spring 2019.
Asylum and Convention Against Torture Appellate Clinic Celebrates 20th Anniversary
February 17, 2023
Twenty years ago, Cornell Law School established its Asylum and Convention Against Torture Appellate Clinic. Since then, some 200 students have represented close to 100 clients. In a system where the vast majority of asylum seekers lose their appeals, the clinic has won an estimated sixty-six percent of its cases.
“Because of the complexity of immigration law, it is very hard to win asylum for someone,” says clinic codirector Stephen Yale-Loehr, professor of Immigration Law Practice. “We are fortunate that we have excellent students who work tirelessly to save their clients from persecution or torture.”
Emily Rivera ’23, who is taking the clinic for a second year, writes, “This has been the most rewarding experience of my law school career. From working on federal court appeals to submitting request releases on behalf of detained clients, I have had the chance to engage in work that I am deeply passionate about.”
The experience has inspired careers in immigration law—and also deeply informed alumni’s work in other areas. Neethu Putta ’19, who took the clinic for two years as a student and now contributes to its work as an adjunct professor, observes, “The clinic taught me how to artfully frame issues and tell a client’s narrative in a way that leaves the court no choice but to find for them. As a practicing commercial litigator, I now use those skills daily.”
Clinic codirector Estelle McKee, clinical professor of law (Lawyering), notes that the clinic offers students a unique glimpse into the lives of individuals whose paths they would otherwise never cross. “Our clients are brave; many have undergone unspeakable persecution and torture, and have embarked on treacherous journeys to protect their families,” she says. “Their experiences and persistence offer students deep insight into the importance of zealous advocacy.”
McKee shares some comments sent to her by clinic clients. A Salvadoran asylum-seeker wrote, “I sincerely want to thank you for all your willingness, commitment, responsibility, and the respect with which you offer me your help. Few people do what you did for me, so I will be forever grateful to you.” [translated from Spanish]
Another reflection comes from a Cameroonian client who had been found “not credible” by an immigration judge and was ailing in a for-profit prison when the clinic took up his case. Against the odds, McKee and her students were able to get the case reopened and will represent this asylum-seeker as he returns to court. He says, “I continue to appreciate your care and concern and effort to my case… [Y]ou have really been a blessing to me… I will never forget you.”
For the professors as well, the experience has been unforgettable. Says Yale-Loehr, “The clinic has been a highlight of my legal career. I feel honored to have worked with so many excellent students over the years to help persecuted people win asylum and start a new life in the US.”
McKee adds, “There is nothing like clinical teaching. Not only does it present the opportunity to provide the representation so desperately needed by underserved populations, but it also enables a teacher to help shape the next generation of lawyers while also having an impact on the development of the law.”
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Clinical education has been the biggest development in modern legal education — applied scholarship, practical skills, changing lives, problem solving, and developing the law, all before students join the bar! No better way to learn than at the chaotic, high-stakes “retail level” of our justice system. As I often tell students, “If you can win one of these cases, in this environment, everything else in law and many of the challenges of life will be a piece of cake!”
Immigration and human rights clinics, like Cornell and many others, have been at the very forefront of innovation and the clinical teaching movement. That’s why many of the “superstars” of clinical teaching are now being “tapped” by their institutions for leadership positions as Deans, Associate Deans, Assistant Deans, etc.
Where U.S. law remains “behind the eight ball:” Bringing these extraordinarily well-qualified “practical scholars,” leaders, and administrators onto the Federal Bench and in key leadership positions within the Government’s struggling legal bureaucracy, particularly in the dysfunctional agencies responsible for immigration, human rights, racial justice, due process, and equal justice. And, what passes for “policy making” on these issues in the Biden Administration is nothing short of a preventable and embarrassing humanitarian disaster!
Nowhere is this glaring disparity more obvious than between the dynamic talent and creativity in the private sector and the “backward looking, stuck in a rut, timid, uninspired” leadership inflicted on the public by these downward-spiraling, hugely wasteful and inefficient USG bureaucracies and the poorly-conceived and too often disingenuous “policies” (actually cruel “recycled Stephen Miller Lite gimmicks”) coming out of the West Wing!
🇺🇸 America needs change. And that requires some new faces, courage, innovation, and better solutions from the USG!The talent is available! Why are we being subjected to “Amateur Night at the Bijou” — or worse?
The Biden Administration has looked in some mighty strange places to assemble its amazingly inept human rights/immigration team. Why didn’t they try clinical programs and NGOs where the “real talent” is? That’s a question that the ghosts of dead and damaged legal asylum seekers might be asking for a long time to come! PHOTO: Thomas Hawk Creative Commons Amateur Night
“Good enough for government work” might be the mantra for Garland’s EOIR — but, it doesn’t ‘cut it’ with Article III Courts, even the conservative, non-immigrant-friendly 5th Circuit!” https://www.flickr.com/photos/rasputin243/ Creative Commons License
Dan Kowalski reports for LexisNexis Immigration Community:
“Francis Zamaro-Silverio petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of cancellation of removal and voluntary departure. The BIA held that Zamaro-Silverio had been convicted of a crime involving moral turpitude (“CIMT”) and thus found her ineligible for those forms of discretionary relief. Because the BIA did not perform the proper analysis, we grant review, vacate, and remand for determination of whether Zamaro-Silverio’s conviction was for a CIMT. … The BIA found that Garcia-Maldonado controlled the outcome for Zamaro-Silverio. But in the wake of Mathis, that analysis is incorrect. The proper focus is now on the minimum conduct prohibited by the statute, not on Zamaro-Silverio’s particular actions. The minimum conduct that can trigger liability under ZamaroSilverio’s statute of conviction is the failure to remain at the scene of the accident and provide one’s name and other information. See Tex. Transp. Code § 550.021(a)(4). Thus, Zamaro-Silverio’s deportability hinges on whether failure to share information is a CIMT. Villegas-Sarabia, 874 F.3d at 877. Garcia-Maldonado does not reach this question, and, similarly, the BIA did not answer it. Given that “our ordinary rule is to remand to ‘giv[e] the BIA the opportunity to address the matter in the first instance in light of its own expertise,’” we go no further. Negusie, 555 U.S. at 517 (quoting Orlando Ventura, 537 U.S. at 17) (alteration in original). Therefore, the petition for review is GRANTED. We VACATE and REMAND to the BIA with instruction to determine whether the failure to share information under § 550.021(a)(4) is a CIMT.”
The Fifth Circuit precedent that the BIA failed to apply here, Villegas-Sarabia v. Sessions, 874 F.3d 871, 877 (5th Cir. 2017), was issued in 2017, before this respondent was even convicted. Yet, the BIA erroneously applied the pre-2017 version of Circuit law to deny her application. How is this competent adjudication from what is supposed to be a “specialized court” of expert adjudicators?
Remarkably, the BIA was even given a chance to correct its obvious error through a motion to reconsider filed while this petition for review was pending with the Circuit. Astoundingly, the BIA denied the motion to reconsider and “stuck with” a decision that violated Circuit precedent. What a way to (not) “run the railroad.”🚂
The Fifth Circuit panel in this case, Judge Jerry E. Smith (Reagan) (opinion), Judge Edith Brown Clement (Bush II), and Judge Cory T. Wilson (Trump) are all GOP appointees, among the most conservative Federal Judges in America — right out of “The Federalist Society Hall of Fame!”
Even the most far-right GOP Federal Judges have a “bottom line” that the BIA can’t manage to remain above.
Somewhat ironically, Dem Attorney General Merrick Garland, once nominated for the Supremes by President Barack Obama, appears to have no such bottom line for the BIA’s sloppy, unprofessional “any reason to say no and deny” judging! Unfortunately, it’s symptomatic for a Dem Administration that just doesn’t care very much when it comes to due process, fundamental fairness, and justice for migrants! Garland’s tolerance for bad judging is also clogging the Circuit Courts with unnecessary litigation generated by the BIA’s substandard performance!
Although he famously has reassigned most of the “high profile” work of the DOJ to various “Special Counsel,” curiously, Dem AG Merrick Garland, a former Article III Judge, doesn’t seem to have the time or the skills to fix the festering due process, bias, quality control, and professionalism problems in “his” wholly-owned “court” system — EOIR! So, the systemic injustice and chaos continue, unabated! PHOTO: Wikipedia Commons
When Judge Jerry E. Smith and his colleagues have the integrity to stand up for the legal rights of a respondent, even one who has committed a crime, but a Democratic AG doesn’t have the courage to bring fair and professional judging and quality control to EOIR (after two years on the job), progressives and advocates ought to be asking what the heck they voted for in 2020? I doubt that it was this awful, entirely preventable, mess!
Asylum seekers must wait for appointments in U.S. for everyone, or leave some behind.
By Andrea Castillo
WASHINGTON — Inside a tent near the Rio Grande in Matamoros, Mexico, Jeyson woke up before 3 a.m. every day for a month to fill out applications to request asylum for his family of four through a U.S. government mobile app.
The 25-year-old from Venezuela eventually secured appointments for himself and his wife, but the slots filled up so quickly that he couldn’t get two more for their children. They weren’t worried, though — they had heard about families in similar situations being waved through by border officials.
Instead, he said, a U.S. Customs and Border Protection agent told them recently that because each member of the family did not have an appointment, “you two can enter, but not your children.” Jeyson asked The Times to withhold his last name out of fear for his family’s safety.
Now, many families like Jeyson’s have found themselves confronted with a seemingly impossible decision: Wait indefinitely for enough appointments for the whole family, or split up. It is unclear how many migrants have been put in this position.
. . . .
“We already risked it all,” he said. “What can we do? We are hopeful that we can get three appointments. Three, in the end, is less than four.”
Advocates said some parents have decided to leave their children with extended family or friends in order to keep their appointments.
Jeyson said a couple from his encampment did just that, leaving their five children at the border bridge and entering the U.S. after managing to get only two appointments.
Children who are unaccompanied by a parent are exempt from Title 42. Those in the care of adults who are not their legal guardians — even if they are extended family — are separated until a guardian can be properly vetted. Jeyson said he watched as the children walked up to a border agent and were taken into custody.
Felicia Rangel-Samponaro, director of the Sidewalk School, a nonprofit that offers education, medical care and other assistance to migrants in Mexican border towns, has organized sessions with parents at various shelters and encampments in Matamoros and Reynosa to explain what will happen if they send their child across the border unaccompanied.
“We don’t want them to think you cross and then your child crosses and will come back to you a day later,” she said. “We were surrounded by parents who were showing us, one after the other, [who] have an appointment but their child does not.”
Rangel-Samponaro recommended to parents that they cancel their appointments and restart their search. But some parents told her they would separate from their kids anyway.
“Family separation has never stopped,” she said, referencing the Trump administration’s “zero tolerance” border policy that led to thousands of migrant children being taken from their parents. “The only difference here is that CBP One is now doing it instead of the other ways it’s been done since 2018.”
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Read Andrea’s complete article at the link.
Let’s start with one undisputed fact: The number of appointments available on CBP One is pathetically, ridiculously inadequate for the KNOWN number of potential applicants waiting in Mexico! Why would this be after the Administration has had over two years to work on this perhaps challenging, yet very solvable problem?
Unnecessary delay is just another form of “bureaucratic deterrence through incompetence” used by the Trump Administration and, inexcusably, continued under Biden.
Just how bonkers is this DHS-created problem? Dependents are included on a primary asylum seeker’s application. Consequently, in most cases one application covers the entire family.
And, dependents don’t have to “prove” independent eligibility for asylum. Therefore, anything beyond biographical information and perhaps proof of relationship is unnecessary.
There is absolutely no reason for requiring a separate “appointment” for each family member. The current system is “pure harassment and deterrence through bureaucratic incompetence.”
In Immigration Court, a family of five required only ONE asylum hearing slot — NOT FIVE!
Most legal asylum seekers at the border want to “do things the right way” — present themselves to DHS and submit an application. It’s neither profound nor “illegal.”
The BEST way of getting applicants to use the ports of entry is to work with experts and NGOs to establish a user-friendly, generous, timely system that prioritizes the many strong claims and grants them promptly at the Asylum Office rather than feeding them into a backlogged and dysfunctional EOIR.
In other words, if you BUILD a fair, credible, user-friendly legal application system at legal ports of entry, applicants will USE it. That the Trump White Nationalists destroyed our legal, statutory refugee and asylum systems was well-known at the time. Indeed, Biden and Harris campaigned on a pledge fix the system and restore legal asylum!
Instead, the Administration failed to utilize the skills and experience of experts to have a planned fix ready on “day one.” Since then, over more than two years, they have inexplicably ignored expert advice, wasted time, squandered resources, and bobbled through a bewilderingseries of mindless “Stephen Miller Lite deterrence gimmicks,” including “dedicated dockets,” prioritizing the wrong cases, “Aimless Docket Reshuffling” on steroids, a“Miller Lite holdover” BIA known for hostility to asylum seekers, ignoring the need for pro bono representation, failing to train and deploy enough Asylum Officers to the border, and not working with advocates, NGOs, and asylum seekers to prescreen cases, start granting asylum and moving qualified refugees (and their families) through the system and into durable legal status prior to the lifting of Title 42.
The CBP One screwup is just the latest in a string of “unforced errors” by the Biden Administration that abuse asylum seekers without any systemic benefits to anyone — “random acts of cruelty and stupidity!” This app was obviously designed by non-users for use by USG “gatekeepers” without any idea of what its like to be an asylum seeker stuck in Mexico.
Indeed, it appears that the app’s developers have little idea of how the legal asylum system works. Talk about “amateur night at the Bijou!”
Perhaps, the Biden Administration should have used a different method for selecting the so-called “developers” of their failed “CBP One App!” PHOTO: Thomas Hawk Creative Commons Amateur Night
“Family separation” has never stopped; now it has been“automated” — by a Dem Administration that has abandoned humanity and betrayed its campaign promises! Inexcusable!
“I’m gone, but my ‘evil spirit’ lives on in the West Wing! They have even ‘one-upped’’ me with a ‘family separation app’ called CBP One! Never has inflicting gratuitous cruelty been so easy!” Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com
The Biden proposal has picked up somewhat tepid endorsements from the likes of Trumpsters DHS official Chad Wolf and leading GOP insurrectionist Rep. Jim Jordan (R-OH). Tells you all you really need to know about just how cruel and counterproductive these harebrained proposals are!
These are the folks that the Biden administration is pandering to while ignoring and disrespecting experts and asylum advocates who have centuries of collective experience working on asylum and the border. They also have plenty of good ideas for real asylum/human rights/border reforms that will combat cruelty and promote orderly compliance with the rule of law. The Biden Administration just isn’t interested in, or perhaps capable of, “doing the right thing.”
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Here’s the text of my “custom revision” of the standard comment posted on the website:
I am a retired US DOJ attorneywith more than 35 years ofgovernment experience, all of it in the immigration field, mostly in senior positions. I have been involved in immigration and human rights, in the public and private sectors, for five decades
My last 21 years were spent as an EOIR Judge: eight years as an Appellate Immigration Judge on the BIA (six of those years as BIA Chair), and 13 years as an Immigration Judge at the (now legacy) Arlington Immigration Court. I was involved in the enactment of the Refugee Act of 1980 as well as developing implementing regulations and setting precedents thereunder.
I state unequivocally that these unnecessary proposed regulatory changes are a disavowal of more than four decades of U.S. (and international) asylum law as well as a shocking betrayal of the promise by the Biden Administration to stand up for the rights of legal asylum seekers and end the White Nationalist attempt by the Trump Administration to kill asylum without legislation.
The proposed rule is contrary to well-established United States law regarding the right to seek asylum in our country. There is absolutely no basis in law for the proposed “presumption of denial” for those who seek asylum outside a port of entry or who have transited other countries (as most have) without seeking asylum.
Indeed, the Administration’s approach is in direct contravention of the INA, which establishes rigorous criteria for designating “safe third countries” for asylum seekers. Only Canada has met those rigorous criteria to date, and even then only for a very limited class of applicants.
The idea that Mexico or other countries in Central America that asylum seekers customarily transit on the way to our southern border are “safe havens” for asylum seekers is patently absurd and counterfactual! Indeed, all legitimate experts would say that these are some of the most dangerous countries in the world — none with a fairly functioning asylum system.
Individuals are specifically entitled by the RefugeeAct of 1980, as amended, to access our asylum system regardless of how they enter, as has been the law for decades. They should not be forced to seek asylum in transit to the United States, especially not in countries where they may also face harm. The ending of Title 42—itself an illegal policy—should not be used as an excuse to resurrect Trump-era categorical bans on groups of asylum seekers.
As you must be aware, those policies were designed by xenophobic, White Nationalist, restrictionists in the last Administration motivated by a desire to exclude and discriminate against particular ethnic and racial groups. That the Biden Administration would retain and even enhance some of them, while disingenuously claiming to be “saving asylum,” is beyond astounding.
The rule will also cause confusion at ports of entry and cause chaos and exacerbate backlogs in our immigration courts. Even worse, it will aggravate the already unacceptable situation by making it virtually impossible for most asylum seekers to consult with pro bono counsel before their cases are summarily rejected under these flawed regulations.
People who cannot access the CBP One app are at serious risk of being turned away by CBP, even if the rule says otherwise. Additionally, every observer has noted that the number of “available appointments” is woefully inadequate. In many cases, observers have noted that this leads to “automated family separation.” Rather than fixing these problems, these proposed regulations will make things infinitely worse.
Additionally, as was demonstrated by the previous Trump Transit Ban, the rule is likely to create confusion and additional backlogs at the immigration courts as individual judges attempt to apply a complicated, convoluted rule.
Under the law, the U.S. Government has a very straightforward obligation: To provide asylum seekers at the border and elsewhere, regardless of nationality, status, or manner of coming to the U.S., with a fair, timely, opportunity to apply for asylum and other legal protections before an impartial, expert, adjudicator.
The current system clearly does not do that. Indeed,EOIR suffers from an “anti-asylum,” often misogynist “culture,” lacks precedents recognizing recurring asylum situations at the border (particularly those relating to gender-based persecution), and tolerates judges at both levels who lack asylum expertise, are not committed to due process and fundamental fairness for all, and, far from being experts, often make mistakes in applying basic legal standards and properly evaluating evidence of record, as noted in a constant flow of “reversals and rebukes” from Circuit Courts.
We don’t need moremindless“deterrence” gimmicks. Rather, it’s pasttime for the Administration to reestablish a functioning asylum system.
🇺🇸Due Process Forever! The treachery of an Administration that abandons humane values, and fears bold humanitarian actions, never!
Heidi Altman Director of Policy National Immigrant Justice Center PHOTO: fcnl.orgRev. Craig Mousin Ombudsperson Refugee and Forced Migration Studies, Grace School of Applied Diplomacy DePaul University PHOTO: DePaul Website
FEBRUARY 23, 2023 CRAIG B. MOUSIN SEASON 1 EPISODE 34
Lawful Assembly Podcast
Episode 34: Support Humanitarian Asylum Welcome
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LAWFUL ASSEMBLY PODCAST
Episode 34: Support Humanitarian Asylum Welcome
FEB 23, 2023 SEASON 1 EPISODE 34
Craig B. Mousin
In this interview, Rev. Craig B. Mousin, an Adjunct Faculty member of DePaul University’s College of Law, Refugee and Forced Migration Studies Program, and the Grace School of Applied Diplomacy interviews Heidi Altman, the Policy Director of the National Immigrant Justice Center (www.immigrantjustice.org). Ms. Altman discusses a proposed rule that will effectively preclude most asylum-seekers from safely and effectively applying for asylum in the United States. She advocates for humanitarian asylum welcome. She previously served as the legal director for the Capital Area Immigrants’ Rights Coalition and was a Teaching Fellow in the immigration clinic at Georgetown University Law School.
ACTION STEPS
1. Invite friends and family to learn how the proposed rule will undermine refugee protection and encourage them to respond to their elected representatives and the Biden administration urging withdrawal of the proposed rule.
2. The Sanctuary Working Group of the Chicago Religious Leadership Network currently serves and advocates alongside newly arrived asylum seekers in the Chicagoland area. There are many impactful ways you can help asylum seekers, from providing sponsorship and temporary housing to covering legal fees and advocating for policy change. Interested individuals, faith communities, or organizations may contact CRLN staff/consultant David Fraccaro at davidfraccaro99@gmail.com to talk about ways to partner together in supporting and protecting our newest neighbors.
Craig Mousin volunteers with the National Immigrant Justice Center. We welcome your inquiries or suggestions for future podcasts. If you would like to ask more questions about our podcasts or comment, email us at: mission.depaul@gmail.com
Thanks, Craig and Heidi for a very interesting and informative session!
T. Swift. Loss of chance to attend her latest concert due to Ticketmaster SNAFU caused immediate bipartisan Congressional outrage and hearings! Loss of chance to plead for life because of DHS CBP One App SNAFU, not so much! Dehumanization of our fellow humans degrades our society. LOS ANGELES – Swift at 2019 iHeartRadio Music Awards on March 14, 2019 in Los Angeles, California. (Photo by Glenn Francis/Pacific Pro Digital Photography) Creative Commons License.
Here are “my takeaways:”
Asylum seekers have a legal right, established by the Refugee Act of 1980 and international conventions, to seek asylum at our border or in the U.S., regardless of status and/or nationality;
The Trump and Biden Administrations have abrogated this right without legislation;
The Trump Administration’s anti-asylum actions and intentional dehumanization of asylum seekers was rooted in White Nationalist nativism;
Despite recognition during the 2020 campaign of the invidious motivation for Trump’s anti-asylum policies, the Biden Administration has retained, or even enhanced, the dehumanization and denial of rights to asylum seekers at the border;
Over the past two Administrations, acceptance of the basic rights and obligations of the U.S. toward asylum seekers, incorporated in the Refugee Act of 1980, has been eliminated or reduced to a superficial “shell” (“asylum in name only,” as some advocates have termed Biden’s latest proposed anti-asylum border policies);
By abandoning the framework set forth in the Refugee Act of 1980, the Trump and Biden Administrations have re-injected the ad hoc approach,disorder, nationality bias, and ideological preferences at the border that the Refugee Act of 1980 was specifically enacted to eliminate;
There is much under-appreciated support for welcoming, fairly treating, and helping refugees and asylum seekers among Americans in communities throughout our nation;
NGOs and experts have dozens of great ideas for restoring and improving the legal right to seek asylum in fair, humane, non-discriminatory ways which they have shared or are happy to share with the Biden Administration;
The Biden Administration to date has shown little if any interest in adopting and implementing better humanitarian solutions for asylum seekers at the border;
Both parties lack leaders with the integrity and courage to stand up for the legal and human rights of asylum seekers;
We must continue to discuss ways to break the cycle of dehumanization, cruelty, and scofflaw treatment of asylum seekers and replace it with enhanced humanitarian procedures and a welcoming culture, in accordance with the Refugee Act of 1980, the U.N. Convention and Protocol, and the very best traditions of our nation of immigrants.
NEW YORK (The Borowitz Report)—Fox News Channel announced that it has completed its acquisition of the Speaker of the House, Kevin McCarthy.
Rupert Murdoch, the network’s majority owner, said that he was “delighted” by the purchase of McCarthy and noted that Fox had snapped him up at an attractively low price.
“It helped that there were no other bidders,” he said.
But, even as Fox moved McCarthy onto its corporate ledger, some Wall Street analysts predicted that the network would rue the day that it acquired the congressman.
“Kevin McCarthy will be Rupert Murdoch’s worst investment since MySpace,” one analyst said.
