DAVID BIER @ CATO IN WASHPOST: ADMINISTRATION’S WAR ON SALVADORANS IN AMERICA IS AS FUTILE AS IT IS STUPID!

https://www.washingtonpost.com/outlook/trumps-move-against-salvadorans-wont-make-them-leave–or-help-us-workers/2018/01/11/0fa6aac4-f637-11e7-a9e3-ab18ce41436a_story.html

David Bier of the Cato Institute writes in the Washington Post:

“Trump administration officials announced this past week that the government would terminate provisional residency permits for about 200,000 Salvadorans next year. The decision is part of President Trump’s “America first” agenda, restricting the rights of immigrants in order to protect U.S. workers. But, as previous immigration experiments demonstrate, the policy will not aid American workers. And it certainly won’t make Salvadorans pack their bags. Trump’s order is likely to have the opposite effects.

President George W. Bush granted Salvadorans temporary protected status (TPS) after devastating earthquakes hit El Salvador in 2001. He and President Barack Obama repeatedly extended the status. Beyond its humanitarian impact, TPS provides significant economic benefits. It doesn’t give applicants access to any federal welfare — so there are few costs — but it does grant the legal right to work. And Salvadorans with TPS work at very high rates: Eighty-eight percent participate in the labor force, compared with 63 percent of all Americans.

Legal employment has helped Salvadorans achieve a relatively high standard of living. The median household income for Salvadorans with TPS is $50,000, higher than the roughly $36,000 for unauthorized immigrants. Their higher wages, combined with the lack of public benefits, has been a big win for U.S. taxpayers.

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Canceling TPS will make it illegal for these Salvadorans to work, but it’s unlikely to force them home. In 1990, President George H.W. Bush granted TPS to some 185,000 Salvadorans during the country’s civil war, and when President Bill Clinton canceled their status in 1996, few returned. Deportations rose only slightly, and many Salvadorans just worked illegally until 2001.

At this point, 28 years since the original TPS designation and 17 years since the subsequent one, the incentives to stay will be too large for any mass migration back to El Salvador. Trump can try to drive them out with immigration raids and increased deportations, as other presidents have tried, but the highest percentage of unauthorized immigrants deported in a given year is 2.1 percent — three times the amount this administration deported in 2017.

Losing the legal right to work doesn’t prevent immigrants from finding jobs. They can use fake or borrowed documents from U.S. citizen family members, or employers can pay them off the books. Illegal employment, however, pays less than legal employment — employers compensate for taking the risk of hiring someone who may be here illegally.”

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Read Bier’s complete article at the link.

I can make a strong argument that Salvadoran, Haitian, and Honduran TPS are some of the most successful and humane Immigration programs in US history. In contrast to asylum adjudication, TPS adjudications cost the Government peanuts. And, the processing fees for periodic renewals of work authorization actually make money for the Government.

TPSers are overwhelmingly law-abiding, industrious, and because of their legal work authorization they pay taxes. Many TPSers work in essential industries like construction where there are not equally qualified “native born American workers” readily available to replace them. Many have US Citizen children and they have integrated into their communities. In my experience, while the majority would like to have a “path to citizenship” they aren’t aggressively agitating for one. Almost all are grateful just for the chance TPS gives them to remain with their families in the communities they call home and to work legally to support their families.

Thus, TPSers contribute much to the US and ask little in return. Their continuing presence here is in no way a “problem.”

In a rational political climate, extending TPS while offering some type of permanent status to TPSers through legislation would be a “no brainer.”  Indeed, a generation or so ago, US enacted a great program called NACARA, which offered Nicaraguans, Salvadorans, and Guatemalan a way of staying permanently and eventually becoming citizens. The program was immensely successful at a minimal administrative cost to the Government.

But, today we have a White Nationalist Administration and an increasingly White Nationalist restrictionist GOP interested more in dumping on Hispanics and Blacks through a bogus “merit based” immigration agenda than they are in doing what’s best for America.

Bier’s right. the Salvadorans aren’t going anywhere. But the Administration and the GOP restrictionists appears fixed on driving them “underground” at great cost to the TPSers and to America. They are likely to remain underground until we have “regime change” and saner heads eventually prevail.

PWS

01-14-17

OUR TOTALLY UNHINGED, RACIST PRESIDENT — FIRST HE MADE RACIALLY DEROGATORY REMARKS; THEN, AS USUAL, HE LIED ABOUT IT! — Get the Inside Dope From Sen. Dick Durbin About The Outrageous Behavior In The Oval Office — GOP “End Chain Migration Demand” Exposed As Part Of White Nationalist Restrictionist Agenda Aimed At Blacks, Latinos, & Other Minorities!

https://www.huffingtonpost.com/entry/durbin-trump-shithole_us_5a58c7ffe4b02cebbfdb29c8?ncid=inblnkushpmg00000009

Elise Foley reports for HuffPost:

“Sen. Dick Durbin (D-Ill.) said Friday that he heard President Donald Trump make “hate-filled, vile and racist” comments to lawmakers that the president is now denying.

Durbin, who was at the White House meeting on Thursday to discuss immigration, is the first to go on the record confirming reports that Trump referred to African nations as “shithole countries,” and that the U.S. should “take … out” Haitians currently living in the U.S. Trump reportedly also commented that the U.S. should accept more immigrants from Norway.

Trump on Friday claimed on Twitter that he didn’t use the language attributed to him about Haitians, but neither he nor the White House has directly denied his comments on African countries.

Durbin, speaking to reporters on Friday, contradicted Trump’s claim.

“I cannot believe that in the history of the White House, in that Oval Office, any president has ever spoken the words that I personally heard our president speak yesterday,” Durbin said. “You’ve seen the comments in the press. I’ve not read one of them that’s inaccurate.”

Durbin added: “He said these hate-filled things and he said them repeatedly.”

Trump made the comments during an immigration meeting with Durbin and six Republican lawmakers: Sens. Lindsey Graham (R-S.C.), David Perdue (R-Ga.), Tom Cotton (R-Ark.); House Majority Whip Kevin McCarthy (R-Calif.), and Reps. Bob Goodlatte, (R-Va.) and Mario Diaz-Balart (R-Fla.), according to MSNBC.

Durbin and Graham pitched Trump on the outlines of a deal they and others in a six-senator bipartisan group made to resolve the legal status of Dreamers, the young undocumented immigrants who came to the U.S. as children.

Nearly 700,000 Dreamers are at risk of losing deportation relief and work permits ― or already have ― because Trump ended the Deferred Action for Childhood Arrivals program, or DACA.

Democrats want protections for Dreamers included in a measure on government spending, which must pass by a Jan. 19 deadline to avoid a government shutdown.

Trump has said he wants to help Dreamers, but only if he gets something in return: his border wall and other security measures, an end to the diversity visa lottery, and limits on family-based visas, which the president derisively refers to as “chain migration.”

Trump has falsely claimed that other countries use the diversity visa lottery to send their “worst people” to the U.S. A large proportion of diversity visa lottery recipients come from African nations.

Durbin, Graham and their allies drafted a plan that would eliminate the diversity visa lottery as Trump demanded, but would allow some immigrants currently in the U.S. under temporary protected status, which lets people stay in the country after natural disasters or other crises in their home nations. The Trump administration is ending those protections for people from Haiti, El Salvador and Nicaragua, and suggested it will do the same for Hondurans.

Durbin said that’s when he told Trump about the numbers of people who hold temporary protected status from various countries, including Haiti.

“He said, ’Haitians, do we need more Haitians?’” Durbin said.

Trump then made “vile and vulgar comments” about African nations, Durbin said, calling them “shitholes.”

The slur was “the exact word used by the president ― not just once, but repeatedly,” said Durbin.

Graham spoke up, confronting Trump’s harsh language, which Durbin said “took extraordinary political courage.” Graham hasn’t publicly commented on the meeting.

Durbin also recounted a “heartbreaking moment” when Trump and others “scoffed” at his comments about the importance of family-based immigration. The president and his allies have said the U.S. should move to a “merit-based” system rather than admitting people based on family ties, referring to anyone but spouses and minor children as “extended family.”

“Chain migration” as a term is offensive, Durbin said he told the president.

“I said to the president, do you realize how painful that term is to so many people? African-Americans believe that they migrated to America in chains, and when you speak about ‘chain migration,’ it hurts them personally,” Durbin said. “He said, ‘Oh, that’s a good line.’”

In a statement after Trump’s comments were first reported, the White House did not deny them.

But Trump on Friday insisted the reports were inaccurate.

“The language used by me at the DACA meeting was tough, but this was not the language used,” he tweeted. “What was really tough was the outlandish proposal made – a big setback for DACA!”

Trump addressed Haiti, but said nothing about his reported comments on Africa.

“Never said anything derogatory about Haitians other than Haiti is, obviously, a very poor and troubled country,” Trump tweeted. “Never said ‘take them out.’ Made up by Dems. I have a wonderful relationship with Haitians. Probably should record future meetings – unfortunately, no trust!”

Sen. Jeff Flake (R-Ariz.) was not among the lawmakers in the White House meeting, but tweeted Friday that he heard about Trump’s comments “directly following the meeting by those in attendance.”

The remarks “were not ‘tough,’ they were abhorrent and repulsive,” Flake tweeted.”

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Trump’s total meltdown might well kill any budget deal for the time being, almost guaranteeing a USG shutdown.

At the same time, it “blows the cover” from the White Nationalist, restrictionist agenda that some in the GOP have been pushing under a bogus claim of “reshaping the immigration system in the interests of the United States.” No, it is, and always has been about unnecessarily and unwisely restricting and limiting legal immigration while directly attacking people of color, non-Christians, and other minorities. And, the bias and racism isn’t limited to immigrants — it also carries over to the views of many in the GOP about ethic Americans. When the GOP allows itself to be driven by a racially charged hate-based agenda, it makes “compromise” difficult, if not impossible.

The majority of us who believe in a diverse, tolerant, generous, welcoming America and a vibrant social and economic future for our country must over time retake power from the White Nationalist driven minority that now seems to be in charge! Every election, local, state, and national is critical! “Just Say No” to candidates, on every level, who promote, advance, or aid and abet the White Nationalist agenda.

PWS

01-12-18

 

CHRISTIE THOMPSON @ THE MARSHALL PROJECT: SESSIONS’S APPARENT ATTACK ON “ADMINISTRATIVE CLOSING” IN U.S. IMMIGRATION COURT COULD FURTHER SCREW UP ALREADY FAILING SYSTEM — It Wasn’t A Problem, But Is Likely To Become One By The Time He’s Finished By Stripping Judges Of Last Vestiges Of Independent Authority Over Their Mushrooming Dockets! – I’m Quoted In This Article!

https://www.themarshallproject.org/2018/01/09/the-doj-decision-that-could-mean-thousands-more-deportations

Christie writes

“Sessions considers tying the hands of immigration judges.

Administrative closure sounds like one of the driest bureaucratic terms imaginable, but it has huge implications for immigrants and their families. Now, U.S. Attorney General Jeff Sessions, who oversees immigration judges, is considering limiting that power.

Sessions wrote in a recent brief that he would review judges’ authority to administratively close immigration cases, the latest in a series of Department of Justice memos and policies that could reshape immigration courts and make it even harder for people to remain in the U.S.

Administrative closure has been used frequently by judges to drop cases against people who aren’t a priority for deportation or who have other pending legal issues. Judges under the Obama administration used this option far more than previous judges, administratively closing 180,000 cases in four years. Critics say it operates as a kind of backdoor amnesty, particularly for people who don’t qualify for other kinds of relief under immigration law.

Closed cases are in a sort of limbo: the immigrant isn’t legally in the U. S., but the government isn’t pursuing deportation. Authorities can change their mind at any time. Under Obama, this usually happened only if the immigrant went on to commit a crime or if there was a development in his or her legal status. But the Trump Administration has already begun re-openingthousands of administratively closed cases. Immigration judges under Trump have also stopped closing cases for people who didn’t used to be an enforcement priority — such as parents of U.S. citizen children who had been in the country for a long time and had no criminal record.

Judges, attorneys and advocates say that ending administrative closure entirely could have a significant impact on individual cases and the immigration court system overall. Sessions could decide to reopen as many as 350,000 closed cases, which could flood a backlogged system that has 650,000 pending cases.

“If he brings them all back into court at once, that’s going to cripple the courts even further,” said Paul Wickham Schmidt, a former immigration judge and former head of the Board of Immigration Appeals. “They can’t do the cases they have now — why is he out there looking for more?”

There are groups of immigrants for whom administrative closure is particularly important. Someone being deported for a crime but still fighting the conviction may have his or her case closed while an appeal is pending. Judges may also stop removal proceedings for immigrants with serious mental health issues or intellectual disabilities if they are found to be incompetent to go through court hearings.

Many undocumented children also ask for administrative closure while they’re applying for juvenile protected status, a legal status that can take years to wind its way through state family court and U.S. Citizenship and Immigration Services. Without administrative closure, “those children could be deported while their application for a green card is pending with another immigration agency,” said Nicholas Phillips, an immigration attorney with Prisoners Legal Services of New York.

If administrative closure isn’t an option, judges have another option of issuing a continuance, which postpones the decision. However, that practice also recently came under fire from the attorney general. Sessions’ office recently criticized the increased use of continuances by immigration judges, saying they delayed the courts.

The Justice Department has made several decisions and proposals recently that would change how immigration judges do their job.

This fall, the department proposed setting case completion quotas for judges to try to speed up decision-making. It released a memo in December that reminding judges to act “impartially” when looking at cases involving children, despite their commonly sympathetic stories. DOJ also said judges should give asylum applications more careful scrutiny and be more reluctant to postpone a case.

Sessions’ announcement of the review came when he intervened in the immigration case of a minor who arrived from Guatemala in 2014. He has asked the Department of Homeland Security and other interested groups to submit briefs on the issue of administrative closure by a February deadline.”

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There are an estimated 350,000 pending cases currently in “administratively closed” (“AC”) status! In my extensive experience at all levels of our immigration system, there are sound reasons supporting almost all of these ACs.

If Sessions, as expected by most advocates, reaches the rather absurd conclusion that notwithstanding over three decades of use by Administrations and Attorneys General of both parties, AC is somehow “illegal” or should be “withdrawn,” these cases likely would mindlessly be thrown back into the already overwhelmed U.S. Immigration Courts on top of the 660,000 already pending cases. Over a million pending cases! That has the potential to “implode” or “explode” or “sink” (choose your favorite verb) the Immigration Court system on the spot.

In reality, AC has been nothing but a godsend for overworked, over-stressed U.S. Immigration Judges and the immigration Court system. Rather than being forced to “docket babysit” cases that can better be resolved elsewhere in the system than in Immigration Court, or that under a proper use of resources and prosecutorial discretion by the DHS never should have been placed in Immigration Court in the first place, the Immigration Judges can “clear some of the deadwood” from their dockets and concentrate on the cases that actually need their limited time and attention. No, AC by itself can’t solve the chronic backlog and due process problems currently festering in the U.S. Immigration Courts. But, reducing the active docket by a whopping one-third without treading on anyone’s due process rights was certainly a step in the right direction! 

The current backlog has been aggravated, if not actually largely created, by the practice of “Aimless Docket Reshuffling” (“ADR”) by politicos in the DOJ and the White House going back decades. As Administrations and AG’s change, and DHS Enforcement priorities change with them, cases that were once “priorities” are shuffled off to the end of the docket to make way for the new “enforcement priority of the moment.” Other times, Immigration Judges are shuffled or detailed to the new “priority dockets” and their now “non-priority regular cases” are arbitrarily reassigned to other judges (who already are carrying full dockets themselves). Many times, this means taking cases that are “ready for trial” and replacing them with cases that aren’t ready for trial because the respondent needs to find a lawyer, file applications, and prepare the case. Other times, when dockets are shifted around largely without meaningful participation by the Immigration Judges, the DHS files or EOIR “record files” are not available, thus causing further delays.

In that manner, cases are not completed on any regular, predictable schedule, “Individual Hearing” dates become “jokes,” and U.S. Immigration Judges lose both credibility and the last vestiges of independent control over their court dockets as politicos and bureaucrats who neither fully understand nor are properly part of the Immigration Court System screw things up time after time.

Sessions appears anxious to add to and further aggravate these problems, rather than addressing them ion a reasonable and systematic manner with participation of all parties who use and rely on the U.S. Immigration Courts for due process and justice. Shame on him and on our Congress for allowing this to happen!

As I’ve said over and over: It’s past time for Congress to create an independent U.S. Immigration Court system that would be free of these types of highly politicized and totally wasteful shenanigans!

Only an independent U.S. Immigration Court will provide the “level playing field” and truly impartial administration and adjudication necessary to bring these potentially “life or death” cases to conclusion in a manner that is both efficient and in full compliance with fundamental fairness and due process (and, consequently, will find a high degree of acceptance in the U.S. Courts of Appeals, rather than generating too many “returns for redos” as happens in the current “haste makes waste” environment at EOIR.)

PWS

01-10-18

ELISE FOLEY @ HUFFPOST: TRUMP’S WHITE NATIONALIST AGENDA APPEARS ON TRACK TO SINK DREAMER AGREEMENT, PERHAPS RESULTING IN USG SHUTDOWN! – Sen. Durbin, Dems “Just Say No” To Restrictionist Measures!

https://www.huffingtonpost.com/entry/trump-daca-dreamers-dick-durbin_us_5a4fff0ce4b01e1a4b151ad1

Elise writes in HuffPost:

“WASHINGTON  ― President Donald Trump sent senators a lengthy set of demands on Friday that could tank a deal to help Dreamers ― young undocumented immigrants who came to the U.S. as children ― and might risk a government funding agreement in the process.

The document is essentially an immigration restrictionist wish list. It calls for a border wall, more immigration enforcement agents, punishment for so-called “sanctuary cities,” restrictions on citizens and legal residents sponsoring family members’ visas, and policies to make it easier to detain and deport undocumented immigrants. No dollar amounts were included in the list of demands, but The Wall Street Journal reported earlier Friday that Trump is seeking nearly $18 billion to pay for a border wall.

Democrats and immigrant rights activists have said they won’t accept the White House’s demands in a deal to grant legal status to Dreamers, hundreds of thousands of whom are at risk of losing deportation protections because Trump ended the Deferred Action for Childhood Arrivals or DACA program.

The list could be enough to trigger a Democratic revolt on a government funding bill that needs to pass later this month, Senate Minority Whip Dick Durbin (D-Ill.), whose office shared the White House’s list with reporters, said in a statement.

“President Trump has said he may need a good government shutdown to get his wall,” Durbin said. “With this demand, he seems to be heading in that direction. … It’s outrageous that the White House would undercut months of bipartisan efforts by again trying to put its entire wish-list of hardline anti-immigrant bills—plus an additional $18 billion in wall funding—on the backs of these young people.”

Trump ended DACA in September and said Congress should act to give more permanent protections to recipients of the two-year work permits and deportation relief. DACA recipients will begin to lose permits in greater numbers in March, although activists estimate they’re already losing them at a rate of about 122 per day.

In the months since Trump ended the program, the White House has put out long lists of immigration priorities, and Trump has made broad pronouncements in public comments and tweets, largely focused around building a wall, ending the diversity visa lottery and eliminating so-called “chain migration,” immigration restrictionists’ preferred term for family reunification visas.

The list of demands was initially created in October, with Stephen Miller, a Trump policy adviser, listed as the author of the document, according to the properties on the PDF file. But senators didn’t get a copy until Friday.

The White House did not immediately respond to a request for comment on the document.

Democrats have said they are willing to give Trump some of what he wants on border security, such as more infrastructure, technology and funds, in exchange for legal status for Dreamers. But they, and Dreamers themselves, have argued any deal must be proportional — not everything Republicans want in exchange for legal status for one subset of the undocumented population. During comprehensive immigration reform efforts in 2013, for example, Democrats agreed to an overhaul of the legal immigration system, border security measures and enforcement as part of a package that would have also granted a path to legal status and eventual citizenship for much of the undocumented immigrant population.

Democrats, activists and even some Republicans have warned that piling on more immigration issues has the potential to sink a deal — it happened during past reform efforts and could again now.

The document the White House sent to senators on Friday could indicate the administration either thinks it can get Democrats to settle because of their desire to help Dreamers, or that it doesn’t really want a deal at all.

I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it. Greisa Martinez Rosas, advocacy director for United We Dream

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.”

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Read the rest of Elise’s report at the link.
I think that “Dreamers” are a good place for the Dems to take a stand. And, given the “Bakuninist Wing” of the GOP (who share Trump’s desire to destroy Government, but are dissatisfied with the pace of the destruction), it’s going to be very difficult for Trump to get any type of budget passed without Democratic support.
The DHS needs an additional 10,000 agents like we all need holes in our heads. They don’t have enough legitimate law enforcement functions to perform with the staff they have; that’s why they have time for chasing after kids and stuffing their generally law-abiding parents into an already overwhelmed Immigration Court system for hearings that probably won’t take place until long after this Administration is history. (And, that’s even without Gonzo’s current “plan” which appears to be intentionally “jacking up” the Immigration Court backlog to more than 1,000,000 cases overnight by “recycling” all of the currently “administratively closed” cases!)
The words of Greisa Martinez Rosas, advocacy director for United We Dream,  are worth repeating and keeping in mind:
“I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it.”
PWS
01-06-17

GO SEE “DUE PROCESS IN ACTION” (FEATUIRING THE FABULOUS GW LAW IMMIGRATION CLINIC STUDENT ATTORNEYS) AT THE U.S. IMMIGRATION COURT IN ARLINGTON, VA IN 2018!

HERE’S “THE SCHEDULE:”

Spring 2018 ICHs – Immigration Clinic

 

# DATE/TIME Client Name Student-Attorney Immigration Judge Type of Case Country of Origin
1 01/11/2018 at 1pm M-A-A- Gisela Camba IJ Owens Asylum (PSG-Family ) Honduras
2 01/18/2018 at 1pm N-R- Solangel Gonzalez IJ Bain Asylum (PSG- Family) El Salvador
3 02/07/2018 at 1pm M-C-C- Caroline Hodge IJ Soper Cancellation of Removal (Non-LPR) Mexico
4 02/14/2018 at 1pm F-R- Julia Navarro IJ Soper Asylum (PSG –Family) El Salvador
5 03/07/2018 at 9am S-M-B- Dana Florkowski IJ Bain Asylum (PSG-DV) El Salvador
6 03/07/2018 at 9am S-N-, Y-N-, C-N- TBD IJ Bryant Asylum/U Visa Honduras
7 03/15/2018 at 9am B-R-S- Phuong Tran IJ Owens Asylum (PSG – former police officer) El Salvador
8 04/02/2018 at 1pm R-I- Ami Patel IJ – Unassigned Asylum (Religion) Egypt
9 04/24/18 at 1pm M-M-P- Fatimah Hameed IJ Burman Asylum (PSG – Family) Honduras
Friends,
Happy New Year.
The link to the Arlington Immigration Court follows, and the list of the Immigration Clinic Individual Calendar Hearings (ICHs) in the spring is attached.  You are welcome to attend any and all of the ICHs.  Your students, colleagues, etc., are welcome too.  No RSVP is required but I do suggest you check with Paulina Vera (pnvera@law.gwu.edu) and/or me a day or two before to confirm (or not) that the hearings will go forward.

https://www.justice.gov/eoir/arlington-immigration-court

**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
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I can personally testify that having a chance to observe the GW Immigration Clinic in person is a treat and a lesson in “how to prepare an Immigration Court case the right way!”
Thanks to my good friend and neighbor Professor Alberto Benitez and his distinguished colleague Paulina Vera (also a former Arlington Intern and “Charter Member” of the “new Due Process Army”) for passing this along and for what they are doing for future generations of lawyers and Due Process in America!
PWS
01-05-18

HAITIANS TO TRUMPIE: WE’VE BEEN MAKING AMERICA GREAT FOR GENERATIONS — (AND WE DON’T ALL HAVE AIDS, EITHER)!

https://www.washingtonpost.com/news/global-opinions/wp/2017/12/28/no-president-trump-we-haitians-dont-all-have-aids/

 

Joel Dreyfuss In the WashPost:

R“Donald Trump’s successful presidential campaign featured a persistent attack on immigrants. So as a Haitian immigrant, I was surprised when candidate Trump praised our values and work ethic and declared to a crowd of Haitian Americans in Miami’s Little Haiti, “I really want to be your greatest champion.”

Apparently, Trump’s public declaration of love for Haitians — conveniently stated at an anti-Hillary Clinton rally — was contradicted by his private beliefs. The New York Times recently reported that he allegedly fumed at a Cabinet meeting on immigration in June that Haitians “all have AIDS.” (He also reportedly claimed that Nigerians would never go “back to their huts.”)

Even though the White House has disputed the report, it’s clearly not a great stretch to think that he did say such things. These comments are consistent with his characterization of other immigrant groups as drug dealers, rapists and potential terrorists.

Such a negative view would help explain why his administration decided last month to expel 59,000 Haitians living in the United States under temporary protected status (TPS) after the disasters of the 2010 earthquake that killed some 300,000 Haitians and the devastation of Hurricane Matthew in 2016. The Trump administration insisted that the emergency no longer existed, despite the prevailing view of most experts (and politicians from his own Republican Party) that impoverished Haiti is not ready to absorb such a large number of Haitians who have lived abroad for so long.

Trump may think of Haitians as a disease, but the reality is that we’ve helped make America great. More than 700,000 Haitians live in the United States (the actual number may be double the official tally), and they have plenty of success stories to counter Trump’s narrow view. I serve on the board of a Haitian American organization that identifies and celebrates the success of Haitian immigrants in America. We are university presidents, doctors, lawyers, journalists, professors, teachers, nurses, NFL stars, office workers and cabdrivers.

Haitian Americans and those of Haitian descent have been elected to city and state governments in Massachusetts, Illinois and Florida and even to Congress (e.g. Rep. Mia Love, Republican of Utah). President Barack Obama’s last ambassador to South Africa came to America as a child with his Haitian parents.

Trump is not the first person to link Haitians to HIV/AIDS. When the Centers for Disease Control and Prevention first noticed cases of the disease among Haitians in the 1980s, it noted that risk factors were different from those in the United States, where the disease was associated with gays and intravenous drug users. Haitians as a group were classified as particularly at risk. For several years, all Haitians — even those of us who had grown up in the United States — were barred from giving blood. After vigorous protests by Haitians, the conclusion of researchers was deemed an error; cultural taboos had Haitians denying to researchers that they had engaged in prostitution, gay sex or drug use. New evidence led to removal of the hurtful stigma. Trump doesn’t appear to have received the second memo.

Trump should actually be quite familiar with Haitians. His native New York has long been a haven for Haitian Americans, going back to the Haitian Revolution of the 1790s. Pierre Toussaint was brought to New York by a slave owner escaping the growing unrest in what was then a French Caribbean colony. Toussaint eventually was freed and became a major financial contributor to the construction of the original Saint Patrick’s church in lower Manhattan. The Vatican has started the process to make him a saint for his many charitable works. You’d think that one builder would have respect for another.

But we Haitians are accustomed to being seen as pariahs. Because Haiti freed itself from French rule and permanently abolished slavery 60 years before the United States, it was viewed with fear and suspicion in the 19th century by the slave-owning nations that surrounded it. Some Southern newspapers even barred any mention of Haiti. The young nation was forced to pay a vast indemnity to France for the empire’s lost slaves and plantations, a burden that put Haiti on a long-term path to poverty.

As black immigrants to the United States, Haitians have not always been as welcome as others. But we have made the best of opportunities in America by overcoming obstacles. One fickle champion will not stop us.”

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There is probably no more “under-appreciated” group than Haitian Americans. Undoubtedly, there has been a heavy dose of racism in our unwillingness to welcome Haitian refugees on the same basis as we have Cubans or Eastern Europeans.

And, as I have pointed out before, the Trump Administration’s decision to terminate Haitian TPS, opposed by a number of prominent Republicans, is indefensible (and dumb to boot).

PWS

12-29-17

 

HON. JEFFREY CHASE COMMENTS ON THE DISINGENUOUS ABSURDITY OF THE ATTORNEY GENERAL’S LATEST ATTACK ON CHILDREN IN U.S. IMMIGRATION COURT!

https://www.jeffreyschase.com/blog/2017/12/28/lawyer-files-disciplinary-complaint-against-chief-immigration-judge

 

Dec 28 Lawyer Files Disciplinary Complaint Against Chief Immigration Judge
On December 22, New York attorney Bryan S. Johnson filed a complaint with the Assistant Chief Immigration Judge for Conduct and Professionalism against Chief Immigration Judge MaryBeth Keller. The basis for the complaint was the Chief Judge’s issuance of guidelines to immigration judges on the handling of cases involving juveniles, including unaccompanied children (OPPM 17-03, Dec. 20, 2017). In that directive, Judge Keller instructed immigration judges that in spite of the sympathetic factors involved in children’s cases, “judges must remain neutral and impartial when adjudicating juvenile cases and shall not display any appearance of impropriety when presiding over such cases.” The complaint argues that such directive instructs immigration judges to violate federal statute, specifically the Trafficking Victims Protection Reauthorization Act (“TVPRA”), which requires the Attorney General to train immigration judges to “work with unaccompanied alien children, including identifying children who are victims of severe forms of trafficking in persons, and children for whom asylum or special immigrant relief may be appropriate.” 8 U.S.C. § 1232(e).

Instructing judges to “remain neutral and impartial,” while open to interpretation, will be perceived by many as requiring passivity. As one senior judge explained to me when I was new to the bench, judges should consider themselves blank slates and only consider what the parties have chosen to write on that slate. However, exceptions exist. In a precedent decision issued 20 years ago, the BIA held that in asylum cases in which the parties have not presented enough evidence to provide an adequate record, immigration judges should themselves present country condition evidence into the record. The Board cited favorably to the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status which defines the role of the adjudicator as to “ensure that the applicant presents his case as fully as possible and with all available evidence.” Matter of S-M-J-, 21 I&N Dec. 722, 729 (BIA 1997). Decided by a BIA that possessed some brilliant minds and courage, the Board in S-M-J- established that there are times that an immigration judge must not remain neutral when doing so will deny an asylum seeker justice.

Ten years later, the Chief Immigration Judge issued guidance to immigration judges handling juvenile cases to take a proactive approach, due to the vulnerability of the child respondents. It bears noting that the 2007 guidelines were issued under a Republican administration. Obviously, a neutral, passive approach by the judge will not ensure a fair hearing where the two parties involved are the Department of Homeland Security, represented in court by one of its attorneys, and a young (and possibly unrepresented) child. In such circumstances, the judge must to some degree advocate for the child to “ensure that the applicant presents his case as fully as possible and with all available evidence,” to use the language of S-M-J-. In response to this need, EOIR created special juvenile dockets, and provided specialized training to the immigration judges chosen to preside over them. In 2008, Congress passed the TVPRA, the statute relied upon by attorney Johnson in his complaint. In 2013, EOIR created an Assistant Chief Immigration Judge position specifically dedicated to “vulnerable populations.”

EOIR has the additional opportunity to create a more level playing field by assigning counsel to all unrepresented juveniles appearing in immigration court. Yet the agency strongly opposed this solution in a class-action lawsuit filed by advocacy groups (including the ACLU and the Northwest Immigrant Rights Project), J.E.F.M. v. Lynch. The U.S. Court of Appeals for the Ninth Circuit dismissed the case last year, finding that the court lacked jurisdiction to decide the issue. However, the court’s majority opinion emphasized that it was not ruling on the merits of the claim, and in a concurring opinion, two of the three judges on the case’s panel acknowledged that “thousands of children are left to thread their way alone through the labarynthine maze of immigration laws, which, without hyperbole, ‘have been termed second only to the Internal Revenue Code in complexity.’” The judges continued that “given the onslaught of cases involving unaccompanied minors, there is only so much the most dedicated and judicious immigration judges…can do.” The court called on Congress and the Executive branch to take action to provide government-funded counsel to all children appearing in immigration court. The judges concluded that “to give meaning to “Equal Justice Under Law,” the tag line engraved in the U.S. Supreme Court building, to ensure the fair and effective administration of our immigration justice system, and to protect the interests of children who must struggle through that system, the problem demands action now.”

Democratic lawmakers have introduced draft legislation, entitled the Fair Day in Court for Kids Act, that would remedy this situation. Versions of the bill went nowhere in 2016; a 2017 version sponsored by Rep. Zoe Lofgren (D-Cal.) and 31 co-sponsors was introduced on April 6, 2017 and has made no progress since. The website GovTrack.us states that the bill has a 3 percent chance of being enacted. In the meantime, the Chief Immigration Judge’s latest memo signals a move in the opposite direction under the present administration. Last week, the Trump administration confirmed that it is considering a policy of separating children from their parents upon arrival at the U.S. border. While the administration claims that the policy is designed to discourage Central Americans from making the dangerous journey north, it ignores the fact that those making such journey are refugees fleeing the threat of death in what has become one of the most violent and dangerous regions in the world.

The administration has not explained what alternatives exist to parents seeking to save their children from being murdered and raped by violent gangs, including MS-13, whose members Trump himself has referred to as “animals.” As reported by the New York Post, Trump stated during a speech last July in Long Island, NY of MS-13 members: “They kidnap. They extort. They rape and they rob. They prey on children. They stomp on their victims. They beat them with clubs. They slash them with machete. They stab them with knives.” It would therefore seem that the current administration should be seeking to do everything in its power to provide children fleeing the above-described treatment to have their claims for asylum considered as fully and fairly as possible. Restoring the 2007 guidelines, respecting the TVPRA requirements, refusing to separate children from their parents, and providing counsel at government expense to unrepresented children would all be welcome steps towards that goal.

Copyright 2017 Jeffrey S. Chase. All rights reserved.
JEFF CHASE
Dec 8 The Impact of Returning Children on Well-Founded Fear
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Jeffrey S. Chase is an immigration lawyer in New York City. Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First. He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

Blog Archive Contact

REPRINTED WITH PERMISSION

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I appreciate Judge Chase’s kind reference to Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997). I was on the en banc BIA that decided S-M-J-. (Yes, unlike now, most precedents were issued en banc, so that each Appellate Judge was required to take a public vote on the outcome. Something known as “transparency and accountability” that has disappeared from today’s BIA.)

Forget all the legal gobbledygook in the “Keller Memorandum.” Here’s what a straightforward policy from an Attorney General actually committed to upholding the Constitution and the “Rule of Law” might look like:

  • The first duty of a Judge is to insure Constitutional Due Process for each individual coming before the court.
  • A Judge should not conduct a merits hearing for any unrepresented child, including any individual the Judge reasonably believes to be a child.
  • The Judge and all court personnel should work cooperatively with nongovernmental organizations, bar associations, legal services groups, and community officials to insure that cases involving children are placed on the docket and scheduled in a manner that insures representation in each case
  • When in doubt, a Judge should always act in a manner that maximizes Due Process protections for each individual coming before the court.

PWS

12-29-17

MORE LUMPS FOR TRUMP FROM LOWER COURT ON REFUGEE BAN!

http://thehill.com/homenews/administration/366337-federal-judge-partially-lifts-trump-ban-on-refugees

Jesse Byrnes and Julia Manchester report for The Hill:

“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.

U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.

The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.

Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.

The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.

The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.

The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.

The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”

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Read the complete article over at The Hill at the link.

Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban”  cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.

PWS

12-26-17

CHRISTMAS 2017: Pope Francis Makes Migrants’ Humanity, Plight, Rights Focus Of Christmas Message To World’s Christians!

 

https://www.huffingtonpost.com/entry/pope-christmas-eve-migrants_us_5a4025cfe4b025f99e17c35b

Phillip Pullella reports for HuffPost:


“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”

“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.

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Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.

PWS

12-26-17

RESISTING TRUMP AND THE WHITE NATIONALIST STATE: “YEAR 1” — Read Polish Journalist Martin Mycielski’s “Authoritarian Regime Survival Guide”

YEAR 1 Under Authoritarianism

What to Expect?

  1. They will come to power with a campaign based on fear, scaremongering and distorting the truth. Nevertheless, their victory will be achieved through a democratic electoral process. But beware, as this will be their argument every time you question the legitimacy of their actions. They will claim a mandate from the People to change the system.

    Remember – gaining power through a democratic system does not give them permission to cross legal boundaries and undermine said democracy.

  2. They will divide and rule. Their strength lies in unity, in one voice and one ideology, and so should yours. They will call their supporters Patriots, the only “true Americans”. You will be labelled as traitors, enemies of the state, unpatriotic, the corrupt elite, the old regime trying to regain power. Their supporters will be the “People”, the “sovereign” who chose their leaders.

    Don’t let them divide you – remember you’re one People, one Nation, with one common good.

  3. Through convoluted laws and threats they will try to control mainstream media and limit press freedom. They will ban critical press from their briefings, calling them “liars”, “fake news”. They will brand those media as “unpatriotic”, acting against the People (see point 2).

    Fight for every media outlet, every journalist that is being banned, censored, sacked or labelled an “enemy of the state” – there’s no hope for freedom where there is no free press.

  4. They will create chaos, maintain a constant sense of conflict and danger. It will be their argument to enact new authoritarian laws, each one further limiting your freedoms and civil liberties. They will disguise them as being for your protection, for the good of the People.

    See through the chaos, the fake danger, expose it before you wake up in a totalitarian, fascist state.

  5. They will distort the truth, deny facts and blatantly lie. They will try to make you forget what facts are, sedate your need to find the truth. They will feed “post-truths” and “alternative facts”, replace knowledge and logic with emotions and fiction.

    Always think critically, fact-check and point out the truth, fight ignorance with facts.

  6. They will incite and then leak fake, superficial “scandals”. They will smear opposition with trivial accusations, blowing them out of proportion and then feeding the flame. This is just smokescreen for the legal steps they will be taking towards totalitarianism.

    See through superficial topics in mainstream media (see point 3) and focus on what they are actually doing.

  7. They will propose shocking laws to provoke your outrage. You will focus your efforts on fighting them, so they will seemingly back off, giving you a false sense of victory. In the meantime they will push through less “flashy” legislation, slowly dismantling democracy (see points 4 and 6).

    Focus your fight on what really matters.

  8. When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

    Women and minorities should fight the hardest, reminding the majority what true democracy is about.

  9. They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

    Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

  10. They will try to limit freedom of assembly, calling it a necessity for your security. They will enact laws prioritizing state events and rallies, or those of a certain type or ideology. If they can choose who can demonstrate legally, they have a legal basis to forcefully disperse or prosecute the rest.

    Oppose any legislation attempting to interfere with freedom of assembly, for whatever reason.

  11. They will distort the language, coin new terms and labels, repeat shocking phrases until you accept them as normal and subconsciously associate them with whom they like. A “thief”, “liar” or “traitor” will automatically mean the opposition, while a “patriot” or a “true American” will mean their follower (see point 2). Their slogans will have double meaning, giving strength to their supporters and instilling angst in their opponents.

    Fight changes in language in the public sphere, remind and preserve the true meaning of words.

  12. They will take over your national symbols, associate them with their regime, remake them into attributes of their power. They want you to forget that your flag, your anthem and your symbols belong to you, the People, to everyone equally. Don’t let them be hijacked. Use and expose them in your fight as much as they do.

    Show your national symbols with pride, let them give you strength, not associate you with the tyranny they brought onto your country.

  13. They will try to rewrite history to suit their needs and use the education system to support their agenda. They will smear any historical or living figure who wouldn’t approve of their actions, or distort their image to make you think they would. They will place emphasis on historical education in schools, feeding young minds with the “only correct” version of history and philosophy. They will raise a new generation of voters on their ideology, backing it with a distorted interpretation of history and view of the world.

    Guard the education of your children, teach them critical thinking, ensure their open-mindedness and protect your real history and heritage.

  14. They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

    Don’t let them build walls promising you security instead of bridges giving you prosperity.

  15. They will eventually manipulate the electoral system. They might say it’s to correct flaws, to make it more fair, more similar to the rest of the world, or just to make it better. Don’t believe it. They wouldn’t be messing with it at all if it wasn’t to benefit them in some way.

    Oppose any changes to electoral law that an authoritarian regime wants to enact – rest assured it’s only to help them remain in power longer.

And above all, be strong, fight, endure, and remember you’re on the good side of history.
EVERY authoritarian, totalitarian and fascist regime in history eventually failed, thanks to the PEOPLE.
– With love, your Eastern European friends

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Martin Mycielski is a journalist, serving as Brussels correspondent for leading Polish daily Gazeta Wyborcza. Before that he was one of the leaders of the Committee for the Defence of Democracy (KOD) NGO and protest movement, which has organized the largest mass demonstrations in Poland since the fall of communism, opposing the authoritarian and unlawful actions of the Law and Justice (PiS) government and its leader, Jarosław Kaczyński (read more here and here, or just Google). In 2016 KOD’s efforts to defend democracy, fundamental freedoms and the rule of law were recognized by the European Parliament which awarded it the European Citizen’s Prize.

Since childhood Martin has been enamoured with the US, it’s culture, politics and people. Tragically, January events have put the worlds greatest democracy at risk, as they have clearly undermined the fundamental values the States were build upon, such as freedom, democracy, equality & diversity. As these values form the idea of America Martin has been raised on, he has decided to step in and help to defend them the only way he knows how – by sharing with you his experiences from a continent being currently torn apart by populists, authoritarians and tinpot dictators.

His message to President Donald J. Trump is therefore a paraphrased fragment from W. B. Yeats:

But I, being poor, have only my dreams;
I have spread my dreams under your feet;
Tread softly because you tread on my dreams;
And if you don’t, we the People will push you off them.

You can follow Martin on Twitter at @mycielski.

To view his professional background visit his portfolio, or invite him on LinkedIn to connect.

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Scary, but important points to remember if we want “liberal Western democracy” to survive the Trump era.

Points 8, 9, an 14 have particular relevance to what is happening in our legal and immigration systems now. thus, I reiterate them in full here:

Point 8

When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

Women and minorities should fight the hardest, reminding the majority what true democracy is about.

Point 9

They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

Point 14

They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

Don’t let them build walls promising you security instead of bridges giving you prosperity.

 

 

PWS

12-22-17

THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!

THE GIBSON REPORT — 12-18-17

TOP UPDATES

 

Today Is International Migrants’ Day: 2017 Theme: Safe Migration in a World on the Move

o   Books: Give the Gift of Literary Empathy – Immigration Holiday Book Guide (full disclosure, I wrote this one)

o   Podcasts: Immigration and migration stories

o   Film: IOM and UNICEF Film Festival in New York today

 

White House to push merit-based immigration in new campaign

 

TPS for Nicaragua and Honduras

 

LexisNexis’s Role in ICE Surveillance and Librarian Ethics

LLB: As library organizations discuss ways library professionals can advocate for intellectual freedom, democracy, and equality, we should begin by grappling with how to react when our major database providers engage in massive surveillance projects with the government.

 

Federal Investigation Finds ‘Significant Issues’ At Immigrant Detention Centers

NPR: Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report.

 

On the ground with ICE agents enforcing Trump’s immigration crackdown

ImmProf: Since President Trump took office, immigration arrests are up 42 percent. ICE estimates, nationwide, they make 400 arrests a day. ICE has arrested 37,000 undocumented immigrants without criminal records. That’s a 145 percent increase over fiscal year 2016.

 

Complaint Documents 15 Cases of Family Separation at the Border

AIC: Advocates filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG) on behalf of numerous families – most, if not all, who fled to the United States seeking humanitarian relief – who were separated at the U.S.-Mexico border.

 

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

CMS: This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS).

 

An HIV-Positive Gay Asylum Seeker Staged a 7-Day Hunger Strike in an ICE Detention Facility

The Nation: Protesting prolonged detention, substandard medical care, and parole denial, Jesus Rodriguez Mendoza may soon stop eating again.

 

Bronx man allegedly poses as Hempstead attorney, steals more than $30,000 from immigrant clients

PIX: Efrain Vargas told clients in Hempstead he would obtain immigration and residency papers for them, but never delivered on his promises, officials said. He was arrested and arraigned Wednesday for allegedly scamming immigrants.

 

OCC-NYC Filing Window Hours on 12/20 and 12/22

OCC: Please be advised that our reception area and filing window at 26 Federal Plaza and 201 Varick Street will be closed from 12:00-1:30pm on Wednesday, December 20th.  Please be further advised that our reception area and filing window will close at 3pm on Friday, December 22nd.

 

ACTIONS

 

  • #GiveMateoBack: Amnesty International USA is also working to hold ICE accountable for family separation. You can find steps for a social media/letter writing campaign here.

 

RESOURCES

 

  • USCIS Provides Training Material on the International Religious Freedom Act and Religious Persecution
  • USCIS Provides Training Material on TRIG
  • Manhattan DA – Supp Bs – raej@dany.nyc.gov: December 2017 will be my last month at the Manhattan District Attorney’s Office. If you have pending supplement B certification request that has  yet to be submitted to my office, please email the requests to me by Friday, December 22nd. We will make every effort to review each certification request and provide a response before the New Year. After December 22nd, please send all U-visa supplement B requests to Mayerling Rivera atRIVERAM@dany.nyc.gov. As with all past requests, please be sure to provide a waiver signed by your client (include your client’s date of birth and any aliases)… The body of the email should include the case indictment or docket number, name of the defendant, and/ or the case arrest number. Please keep in mind that we cannot locate cases in our system records using an NYPD complaint number.
  • Give the Gift of Literary Empathy – Immigration Holiday Book Guide(full disclosure, I wrote this one)

·         Podcasts: Immigration and migration stories

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I’m a huge “Elizabeth Gibson Fan.” I’ve known Beth since she was a star student at Georgetown Law (one of the “Best Ever” of my “Refugee Law & Policy” — “RLP” — students), a terrific Legal Intern at the Arlington Immigration Court, and a spectacular Judicial Lw Clerk/Attorney Advisor at the New York Immigration Court before she was selected for the Immigrant Justice Corps (“IJC”) assigned to the New York Legal Assistance Group (“NYLAG”).

For those who don’t know, only the “best and brightest” with an overriding concern for social justice get into the IJC. Beth would excel at ANY legal job in America — “Nonprofit, “Big Law,” judging, teaching, writing, reporting, managing.

I’m inspired that with all these avenues open to her, Beth has chosen to use her “complete package” of talents to make the justice system work for the most vulnerable among us — those who have legal rights that are largely the same as all of us, but who are “bullied” and “intentionally mistreated” by our legal system (and our current Administration, in particular) in an attempt to prevent them from using and realizing those rights.

In  addition to being a weekly contributor to immigrationcourtside.com, Beth has acted as a “clearinghouse” for the vast amount of information and assistance available to the legal community involved in defending the rights of migrants. She has patiently taken many referrals of reporters and lawyers. She also has found time to write articles of her own, in addition to, of course, her main mission of helping her clients.

Beth, thanks for all you do for our country, our world, the cause of justice, and making “Due Process” under our Constitution a reality (at least for some) rather than an “empty promise!” You are truly what serving in the “New Due Process Army” is all about and why, in the end, the forces of darkness threatening our country and democracy will not prevail!

PWS

12-18-17

MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

https://www.washingtonpost.com/local/immigration/watchdog-report-finds-moldy-food-mistreatment-in-immigrant-detention-centers/2017/12/15/c97b380a-e10d-11e7-89e8-edec16379010_story.html

Maria’s always “on top” of the almost daily examples of cruel, intentionally inhumane, unconstitutional, wasteful “Gonzo” Enforcement by the Trump regime.  Here is some of what she reports on the deadly conditions in “NAG:”

“The inspector general for the Department of Homeland Security has criticized several immigration detention facilities for having spoiled and moldy food and inadequate medical care, and for inappropriate treatment of detainees, such as locking down a detainee for sharing coffee and interfering with Muslims’ prayer times.

Acting Inspector General John V. Kelly, who took over Dec. 1, said the watchdog agency identified problems at four detention centers during recent, unannounced visits to five facilities. The Dec. 11 report , released Thursday, said the flaws “undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.”

“Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation,” the report found, adding that observers found “potentially unsafe and unhealthy detention conditions.”

Immigration and Customs Enforcement jails tens of thousands of immigrants for civil immigration violations, holding them until they are deported or released in the United States. The jails are not supposed to be punitive, according to the report.

ICE concurred with the inspector general’s findings and said it is taking action to fix the problems, some of which have already been addressed.

“Based on multi-layered, rigorous inspections and oversight programs, ICE is confident in conditions and high standards of care at its detention facilities,” the agency said in a statement. “To ensure the safety and well-being of those in our custody, we work regularly with contracted consultants and a variety of external stakeholders to review and improve detention conditions at ICE facilities.”

The Office of Inspector General said it launched the surprise inspections after receiving complaints from immigrant advocacy groups and on its hotline about treatment of detainees. The inspectors also interviewed staff members and detainees and examined records.

Advocates for immigrants said the report reaffirmed their long-standing calls for the detention facilities to be closed. Advocates have complained about reports of physical and sexual assaults, deaths in detention and other concerns for years under past presidents — and say their worries are increasing under President Trump.

Trump has pledged to dramatically increase deportations and is seeking congressional approval for more than 51,000 detention beds this fiscal year, up from about 30,000 under President Barack Obama.

Trump’s pick for the permanent director of ICE, Thomas D. Homan, previously ran the ICE detention system.

“The realities documented by the OIG inspectors, and many more, are endemic to the entire detention system,” Mary Small, policy director at Detention Watch Network, a nonprofit group that monitors immigration detention, said in a statement. “ICE has proven time and time again to be incapable of meeting basic standards for humane treatment.”

In a statement, Azadeh Shahshahani, legal and advocacy director of Project South, in Atlanta, cited the death in May of Jean ­Jimenez-Joseph.­ The 27-year-old Panamanian national was held in solitary confinement for 19 days at the Stewart Detention Center in rural Georgia, according to Project South.

Shahshahani said his death “should have served as a final wake-up call and resulted in the immediate closure of the facility.”

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The Administration tries to hide, obscure, cover up, and bureaucratize what’s happening in the NAG. But, thanks to courageous reporters like Maria, the truth isn’t going to be suppressed. Read the rest of Maria’s report at the link.

Is this YOUR America? Is this the America you want YOUR children and grandchildren to read about and inherit?

Gee whiz, what were my parents and grandparents doing while neo-Nazis were invading the government and recreating the “Fourth Reich?”

And, when are the Article III Courts going to get some backbone to go with their lifetime sinicure and stand up for the Constitution and human decency before it’s too late? When good people stand by and do nothing, tyrants like Trump, Sessions, Homan, Bannon, and their corrupt supporters will have their way! 

Tell your legislators:

  • NO to Tom Homan as ICE Director;
  • NO to funding for the NAG; 
  • NO to funding DOJ’s corrupt defense of the NAG and Gonzo Immigration Enforcement;
  • NO to additional unneeded DHS Enforcement agents;
  • YES to legislative and criminal investigations of the unconstitutional activities of Gonzo, Nielsen, Homan, and their cronies and the human rights abuses they are knowingly creating by misusing the immigration laws;
  • YES to “Dreamer Relief” with “no strings attached;”
  • YES to immigration reform that legalizes law-abiding residents already here and provides additional legal visas for the future to end the “false criminalization” of needed workers and refugees!

Stand up for America as a Nation of Immigrants — Stand up for human decency — Stand against Trump, Nielsen, Sessions, Homan, Bannon, Miller and the other neo-Nazis promoting the NAG!

PWS

12-18-17

 

 

WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”

https://www.washingtonpost.com/opinions/trumps-deportation-tough-talk-hurts-law-abiding-immigrants/2017/12/10/9a87524a-a93b-11e7-850e-2bdd1236be5d_story.html

The Post Editorial Board writes:

“The broader dysfunction in America’s immigration system remains largely unchanged. Federal immigration courts are grappling with a backlog of some 600,000 cases, an epic logjam. The administration wants to more than double the number of the 300 or so immigration judges, but that will take time. And its recent moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.

Mr. Trump’s campaign bluster on deportation was detached from reality. He said he’d quickly deport 2 million or 3 million criminal illegal immigrants, but unless he’s counting parking scofflaws and jaywalkers, he won’t find that many “bad hombres” on the loose. In fact, legal and illegal immigrants are much less likely to end up in jail than U.S. citizens, according to a study by the Cato Institute.

The president’s sound and fury on deportation signify little. He has intensified arrests, disrupting settled and productive lives, families and communities — but to what end? Only an overhaul of America’s broken immigration system offers the prospect of a more lasting fix.”

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Read the full article at the link.

The Post also points out the damage caused by Trump’s racist “bad hombres” rabble rousing and the largely bogus nature of the Administration’s claims to be removing “dangerous criminals.” No, the latter would require some professionalism and real law enforcement skills. Those characteristics are non-existent among Trump Politicos and seem to be in disturbingly short supply at DHS. To crib from Alabama GOP Senator Richard Shelby’s statement about “Ayatollah Roy:” Certainly DHS can do better than Tom Homan.

And certainly America can do better than a US Immigration Court run by White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions. Gonzo’s warped concept of Constitutional Due Process is limited to insuring that he himself is represented by competent counsel as he forgets, misrepresents, misleads, mis-construes, and falsifies his way through the halls of justice.

Jeff Sessions does not represent America or American justice. The majority of American voters who did not want the Trump debacle in the first place still have the power to use the system to eventually restore decency, reasonableness, compassion, and integrity to American Government and to send the “Trump White Nationalist carpetbaggers” packing. The only question is whether or not we are up to the task!

PWS

12-12-17

 

WHAT’S WRONG WITH THIS PICTURE? — Mexican Journalist Emilio Gutierrez Who Exposed Government Corruption Received A Press Freedom Award from the National Press Club In Washington, DC. In Oct. 2016 – Now He Says The Trump Administration Plans To Kill Him By Denying His Asylum Application!

https://www.washingtonpost.com/world/national-security/denied-asylum-and-facing-deportation-mexican-journalist-says-hell-be-killed-if-sent-home/2017/12/08/15e96746-dc4c-11e7-b859-fb0995360725_story.html?utm_term=.eb9496127724

Nick Miroff reports for the Washington Post:

“A Mexican journalist who sought asylum in the United States in 2008 was arrested by U.S. immigration agents this week and told he would be deported, though an appeals board temporarily halted his removal Friday — sparing his life for now, he said.

Emilio Gutierrez, 54, who in October received a press freedom award from the National Press Club in Washington, said he and his 24-year-old son, Oscar, were taken into custody by Immigration and Customs Enforcement (ICE) on Thursday while trying to enter an appeal to their asylum claim.

“We can’t go back to Mexico. They’ll kill us,” Gutierrez said, using his attorney’s cellphone to speak from an ICE detention center in Sierra Blanca, Texas.

Gutierrez said he and his son fled northern Mexico’s Chihuahua state in 2008 after he published stories exposing the abuses committed by soldiers who robbed and extorted residents in his hometown, Ascención, a notorious drug trafficking hub.

After soldiers ransacked his home, Gutierrez said he learned his name appeared on a military “kill list,” so he fled across the border into Texas with his then-teeange son.

In July, after living nine years in the United States, Gutierrez’s asylum request was denied, and an appeal was rejected in early November. His attorney, Eduardo Beckett, said Gutierrez and his son were handcuffed and jailed Thursday when they presented themselves at an ICE processing center to enter an emergency appeal.

. . . .

With drug-related violence at record levels, Mexico has become one of the world’s most dangerous countries for the press, according to the New York-based Committee to Protect Journalists. More than 40 Mexican reporters have been murdered since 1992 for performing their jobs, including at least five this year. Only Iraq and Syria were more dangerous for the press in 2017, according to CPJ.

Journalists working in small towns plagued by drug cartel violence are especially vulnerable, but the dead have included staffers at some of Mexico’s leading publications.

Bill McCarren, the executive director of the National Press Club, said the organization gave Gutierrez this year’s press freedom award to draw attention to the plight of Mexico’s imperiled journalists. McCarren was alarmed to find out ICE agents were trying to send Gutierrez back to a place where his life would be in danger.

“This is a critical, existential issue for Emilio, but also a critical issue for all journalists in Mexico,” McCarren said in an interview. “It’s a concern for us that the United States, that stands for free press as a bedrock principle of our democracy, would not make a place for him here when he’s so clearly at risk.”

. . . .

But Hootsen said his organization cautions reporters against seeking asylum in the United States because the requests are likely to be denied. “The United States is obviously the place that first comes to mind for Mexican reporters who need to flee the country,” said Hootsen, “so it’s important for U.S. authorities to take their claims seriously and give them a fair hearing.”

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

Read Miroff’s complete story at the link.

Jeff Sessions would have you believe that frivolous asylum cases and failure to crank denials off the Immigration Court assembly line more quickly are the biggest problems. Not true!

Those of us who have spent a lifetime working in the system and actually understand asylum law, the correct legal criteria, and the shortcomings of EOIR know that the real crisis here is that far too many meritorious claims for protection are being denied by stressed and rushed Immigration Judges who don’t correctly understand asylum and protection law, are unsympathetic to asylum seekers, are forced to deal with unrepresented or underrepresented asylum applicants, or are afraid to put their careers on the line to stand up to politicos in this and other Administrations who seek to artificially limit the number of asylum grants at the potential expense of individual’s lives and safety.

PWS

12-10-17

 

CHECK OUT MY 17-POINT “IMMIGRATION CONSUMERS’ PROTECTION PROGRAM” (“ICPP”)!

IMMIGRATION CONSUMERS’ PROTECTION PROGRAM (“ICPP”)

BY Paul Wickham Schmidt, United States Immigration Judge (Retired)

  • Get a lawyer.
  • Make sure lawyer is real & reputable.
    • Confirm bar admission and check complaints online.
    • Firm website should confirm that immigration is a primary area of practice.
    • Google published immigration cases and check results.
  • Get it in writing.
    • In a language you understand.
  • If it’s too good to be true, it probably isn’t.
  • Play to tell the truth.
    • With lawyer, court, DHS.
  • Keep your appointments with your lawyer.
    • Time is money – YOUR money!
    • Lawyer needs complete and accurate information to help.
  • Show up for all Immigration Court hearings at least 30 minutes early.
    • Failing to appear (“FTA”) is the worst possible thing you can do in Immigration Court.
    • FTA = Final Order of Removal = Arrest, Detention & Immediate Removal = YOU become “low hanging fruit” for DHS’s “jacked up” removal goals!
  • Dress the part.
    • No cutoffs, t-shirts, flip-flops, halter-tops, crop tops, underwear showing, muscle shirts, flashy distracting jewelry, “rainbow hair,” shirts with (particularly political) slogans, baseball caps in Immigration Court.
    • Dress as you would to go to the funeral of someone you respected.
  • Avoid the “Big Five:”
    • Alcohol
    • Drugs
    • Domestic violence
    • Gangs
    • Driving violations of all types.
      • OWLs can be a problem and eventually turn into felonies in Virginia!
      • That’s what busses, trains, friends, co-workers, bikes, and strong legs are for.
    • Keep all documents – originals and at least one copy.
      • Never give away originals (unless the judge requires it) or your only copy of a document.
    • Pay taxes.
    • Stay in school or keep employed.
    • Ask questions.
      • Insist on an explanation that you understand in a language you understand.
    • Don’t sign anything you don’t understand.
      • Make sure everything has been translated for you.
    • Comply with all court orders.
    • Use available resources:
      • Internet
      • 1-800 number
      • Immigration Court Practice Manual (“ICPM”) (online).
    • Don’t forget family and friends.
      • They can be some of your best resources.

(12-10-17)

This outline contains some of the points that I emphasized during my two Spanish-language radio appearances in Richmond, Virginia on Friday, December 8, 2017!

 

PWS

12-10-17