FAILED STATE: America’s “Clown Prince” 🤡 More Like Infamous Marshal Petain Than Leader Of The Free World  — “But the leader he brings to mind is Marshal Philippe Pétain, the French general who, in 1940, signed an armistice with Germany after its rout of French defenses, then formed the pro-Nazi Vichy regime. Like Pétain, Trump collaborated with the invader and abandoned his country to a prolonged disaster. And, like France in 1940, America in 2020 has stunned itself with a collapse that’s larger and deeper than one miserable leader,” Says George Packer @ The Atlantic!🆘😰👨🏻‍⚖️

Henri Petain
Henri Petain
Famous French Collaborator/Traitor
Trump Clown
Donald J. Trump
Famous American Clown
George Packer
George Packer
American Journalist, Author, Playwright

https://www.theatlantic.com/magazine/archive/2020/06/underlying-conditions/610261/

Packer writes in The Atlantic:

When the virus came here, it found a country with serious underlying conditions, and it exploited them ruthlessly. Chronic ills—a corrupt political class, a sclerotic bureaucracy, a heartless economy, a divided and distracted public—had gone untreated for years. We had learned to live, uncomfortably, with the symptoms. It took the scale and intimacy of a pandemic to expose their severity—to shock Americans with the recognition that we are in the high-risk category.

This article appears in the Special Preview: June 2020 issue.

The crisis demanded a response that was swift, rational, and collective. The United States reacted instead like Pakistan or Belarus—like a country with shoddy infrastructure and a dysfunctional government whose leaders were too corrupt or stupid to head off mass suffering. The administration squandered two irretrievable months to prepare. From the president came willful blindness, scapegoating, boasts, and lies. From his mouthpieces, conspiracy theories and miracle cures. A few senators and corporate executives acted quickly—not to prevent the coming disaster, but to profit from it. When a government doctor tried to warn the public of the danger, the White House took the mic and politicized the message.

Every morning in the endless month of March, Americans woke up to find themselves citizens of a failed state. With no national plan—no coherent instructions at all—families, schools, and offices were left to decide on their own whether to shut down and take shelter. When test kits, masks, gowns, and ventilators were found to be in desperately short supply, governors pleaded for them from the White House, which stalled, then called on private enterprise, which couldn’t deliver. States and cities were forced into bidding wars that left them prey to price gouging and corporate profiteering. Civilians took out their sewing machines to try to keep ill-equipped hospital workers healthy and their patients alive. Russia, Taiwan, and the United Nations sent humanitarian aid to the world’s richest power—a beggar nation in utter chaos.

Adam Chilton, Kevin Cope, Charles Crabtree, and Mila Versteeg: Red and blue America agree that now is the time to violate the Constitution

Donald Trump saw the crisis almost entirely in personal and political terms. Fearing for his reelection, he declared the coronavirus pandemic a war, and himself a wartime president. But the leader he brings to mind is Marshal Philippe Pétain, the French general who, in 1940, signed an armistice with Germany after its rout of French defenses, then formed the pro-Nazi Vichy regime. Like Pétain, Trump collaborated with the invader and abandoned his country to a prolonged disaster. And, like France in 1940, America in 2020 has stunned itself with a collapse that’s larger and deeper than one miserable leader. Some future autopsy of the pandemic might be called Strange Defeat, after the historian and Resistance fighter Marc Bloch’s contemporaneous study of the fall of France. Despite countless examples around the U.S. of individual courage and sacrifice, the failure is national. And it should force a question that most Americans have never had to ask: Do we trust our leaders and one another enough to summon a collective response to a mortal threat? Are we still capable of self-government?

This is the third major crisis of the short 21st century. The first, on September 11, 2001, came when Americans were still living mentally in the previous century, and the memory of depression, world war, and cold war remained strong. On that day, people in the rural heartland did not see New York as an alien stew of immigrants and liberals that deserved its fate, but as a great American city that had taken a hit for the whole country. Firefighters from Indiana drove 800 miles to help the rescue effort at Ground Zero. Our civic reflex was to mourn and mobilize together.

Partisan politics and terrible policies, especially the Iraq War, erased the sense of national unity and fed a bitterness toward the political class that never really faded. The second crisis, in 2008, intensified it. At the top, the financial crash could almost be considered a success. Congress passed a bipartisan bailout bill that saved the financial system. Outgoing Bush-administration officials cooperated with incoming Obama administration officials. The experts at the Federal Reserve and the Treasury Department used monetary and fiscal policy to prevent a second Great Depression. Leading bankers were shamed but not prosecuted; most of them kept their fortunes and some their jobs. Before long they were back in business. A Wall Street trader told me that the financial crisis had been a “speed bump.”

All of the lasting pain was felt in the middle and at the bottom, by Americans who had taken on debt and lost their jobs, homes, and retirement savings. Many of them never recovered, and young people who came of age in the Great Recession are doomed to be poorer than their parents. Inequality—the fundamental, relentless force in American life since the late 1970s—grew worse.

This second crisis drove a profound wedge between Americans: between the upper and lower classes, Republicans and Democrats, metropolitan and rural people, the native-born and immigrants, ordinary Americans and their leaders. Social bonds had been under growing strain for several decades, and now they began to tear. The reforms of the Obama years, important as they were—in health care, financial regulation, green energy—had only palliative effects. The long recovery over the past decade enriched corporations and investors, lulled professionals, and left the working class further behind. The lasting effect of the slump was to increase polarization and to discredit authority, especially government’s.

Both parties were slow to grasp how much credibility they’d lost. The coming politics was populist. Its harbinger wasn’t Barack Obama but Sarah Palin, the absurdly unready vice-presidential candidate who scorned expertise and reveled in celebrity. She was Donald Trump’s John the Baptist.

David Frum: Americans are paying the price for Trump’s failures

Trump came to power as the repudiation of the Republican establishment. But the conservative political class and the new leader soon reached an understanding. Whatever their differences on issues like trade and immigration, they shared a basic goal: to strip-mine public assets for the benefit of private interests. Republican politicians and donors who wanted government to do as little as possible for the common good could live happily with a regime that barely knew how to govern at all, and they made themselves Trump’s footmen.

Like a wanton boy throwing matches in a parched field, Trump began to immolate what was left of national civic life. He never even pretended to be president of the whole country, but pitted us against one another along lines of race, sex, religion, citizenship, education, region, and—every day of his presidency—political party. His main tool of governance was to lie. A third of the country locked itself in a hall of mirrors that it believed to be reality; a third drove itself mad with the effort to hold on to the idea of knowable truth; and a third gave up even trying.

Trump acquired a federal government crippled by years of right-wing ideological assault, politicization by both parties, and steady defunding. He set about finishing off the job and destroying the professional civil service. He drove out some of the most talented and experienced career officials, left essential positions unfilled, and installed loyalists as commissars over the cowed survivors, with one purpose: to serve his own interests. His major legislative accomplishment, one of the largest tax cuts in history, sent hundreds of billions of dollars to corporations and the rich. The beneficiaries flocked to patronize his resorts and line his reelection pockets. If lying was his means for using power, corruption was his end.

Read: It pays to be rich during a pandemic

This was the American landscape that lay open to the virus: in prosperous cities, a class of globally connected desk workers dependent on a class of precarious and invisible service workers; in the countryside, decaying communities in revolt against the modern world; on social media, mutual hatred and endless vituperation among different camps; in the economy, even with full employment, a large and growing gap between triumphant capital and beleaguered labor; in Washington, an empty government led by a con man and his intellectually bankrupt party; around the country, a mood of cynical exhaustion, with no vision of a shared identity or future.

. . . .

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

Read the rest of Packer’s article at the link.

Very discouraging. But, it’s not too late, yet. We have a chance in November to throw out the Trump/GOP Kakistocracy and start rebuilding America with a vision of the common good, common sense, and human dignity! Be the best, rather than running a “race to the bottom.”

Let’s consign Trump and his toadies to the same “dustbin of history” as Pétain and his collaborators!

This November, vote like your life depends on it. Because it does!

PWS

04-21-20

JIM CROW WINS, AMERICA LOSES, AGAIN — WHITE NATIONALIST CLOWN-IN-CHIEF 🤡 HALTS IMMIGRATION TO DIVERT ATTENTION FROM MASSIVE FAILURE OF GOVERNANCE, AS FECKLESS DEMS PROTEST! — Announced By Tweet At Time When Borders Closed Anyway — A “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy,” Says Sen. Tim Kaine (D-VA) 😰👎🏻

By Paul Wickham Schmidt 

Courtside Exclusive

April 21, 2020. Migrants didn’t bring coronavirus to the U.S. Inevitable as its arrival was, U.S. travelers returning from abroad hastened the infection. The Trump regime ignored advanced warnings, wasted time, failed to prepare, and intentionally misled the public into believing that the problem was minor and under control. As we know, it was neither. No wonder the “Chief Clown” needs to shift attention to “the usual suspects.” 

Rather than being a threat, courageous, talented, hard-working migrants of all types have been at the forefront of our battle against coronavirus. They put their own lives at risk to provide health care, medical research, food, sanitation, delivery, stocking, transportation, cleaning, technology, and other essential services. Their reward from Trump, Miller, and the other regime racists: to be scapegoated and further dehumanized by those whose “malicious incompetence” actually threatens the health and safety of all Americans.

Nobody knows what the U.S. economy will look like post-COVID-19. But, we can be sure that migrants will play a key role in our future. And, of course, permanent legal immigrants are carefully screened and required to undergo health examination before being admitted. 

Meanwhile, Democrats complain, but show show no sign of actually using their leverage to halt the regime’s invidious assault on migrants. They weren’t even to get all taxpaying immigrant families included in the initial stimulus payments nor have they been able to require immigration authorities to comply with best health practices for detained migrants. Nor does it look like the needs of migrants will be addressed by the latest proposed legislation, although exact details are still pending. So, their bluster is just that —bluster.

Undoubtedly, the brave lawyers of the New Due Process Army will mount legal challenges to this latest assault on the rule of law. While some challenges might succeed in the lower Federal Courts, to date the “J.R. Five” on the Supremes have shown no inclination to look critically at any of the regime’s many misuses and abuses of so-called “emergency” and “national security” rationales, even when they are transparently bogus “pretexts” for xenophobia, religious bigotry, and racism. 

Perhaps it’s largely a moot point right now. Market forces affect immigration. With worldwide travel restrictions, borders closed, and 22 million out of work in the U.S., the allure of migration to the U.S. should be sharply reduced.

The Trump regime’s open hostility to immigrants plus our chaotic response to COVID-19, perhaps the world’s worst overall at this point, might make the U.S. a less attractive place for future immigration, particularly for legal migrants who have other choices. Demand for migration is normally a sign of economic and social health. As America fades into disorder under the kakistocracy, so might our ability to attract migrants, particularly those we claim to prize.

According to James Hohmann at the Washington Post, senior officials at the DHS were surprised by Trump’s late night tweet announcing the impending action. As Hohmann noted, that’s an indication of the deep thought, analysis, and preparation that went into this action. Trump has normalized incompetence and dumb decisions made based on a racist political agenda to the point where they barley cause a ripple in our distorted national discussion anymore. I’d say it was like being “goverened” by a five-year-old, but that would be a supreme insult to most five-year-olds I know.

While the “Chief Clown” can’t move fast enough to reopen the economy, even in the face of solid evidence that the it’s premature in most areas, don’t expect the bogus “immigration emergency” to end as long as this regime is in power. Crisis becomes yet another opportunity for the “worst of the worst among us” — the kakistocracy — to act on their biases and prejudices and get away with it.

Here’s a report from Rebecca Shabad @ NBC News:

Rebecca Shabad
Rebecca Shabad
Congressional Reporter
NBC News

https://www.nbcnews.com/politics/congress/xenophobe-chief-democrats-blast-trump-s-plan-suspend-immigration-u-n1188551

WASHINGTON — Congressional Democrats slammed President Donald Trump after he announced that he plans to suspend immigration to the United States, arguing that such a move does nothing to protect Americans from the coronavirus and deflects attention away from his handling of the outbreak.

House Democratic Caucus Chairman Hakeem Jeffries, D-N.Y., tweeted that Trump is the “xenophobe. In. chief.”

“This action is not only an attempt to divert attention away from Trump’s failure to stop the spread of the coronavirus and save lives, but an authoritarian-like move to take advantage of a crisis and advance his anti-immigrant agenda. We must come together to reject his division,” tweeted Rep. Joaquin Castro, D-Texas, chairman of the Congressional Hispanic Caucus.

Shortly after 10 p.m. ET on Monday, Trump announced in a tweet, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”

There were no additional details. A senior administration official said Trump could sign the executive order as early as this week.

The tweet came as the death toll in the U.S. from COVID-19 topped 42,000 people, according to Johns Hopkins’ Coronavirus Resource Center.

Sen. Tim Kaine, D-Va., Democrats’ 2016 vice presidential nominee, called it a “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy.”

. . . .

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

Read Rebecca’s full article at the link.

Due Process Forever. The White Nationalist Kakistocracy Never!

PWS

04-21-20

AMERICA NEEDS & DESERVES BETTER THAN MIKE PENCE: Just Being Somewhat Smarter & Less Evil Than Trump Doesn’t Cut It In Crisis! — Bess Levin @ Vanity Fair & James Downie @ WashPost Toast “Second Clown” 🤡 For Putting Obsequiousness To Trump Above Truth & Our National Interest! 🤡🤡🤡🤡🤡👎🏻☠️⚰️

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2020/04/donald-trump-liberate-tweets

Bess Levin writes in Vanity Fair:

LEVIN REPORT

Tweets, Deal With It

According to the VP, the president is simply “communicating” with the people when he whips protestors into a frenzy.

pastedGraphic.png

BY BESS LEVIN

APRIL 17, 2020

On Thursday night, perhaps having been zapped with some sort of taser that sent a momentary current of sense through his body, Donald Trump announced that despite previously, falsely claiming he had “total” authority to force states to reopen far sooner than experts say is safe, the decision would be left to the individual governors. “If they need to remain closed,” he said, “we will allow them to do that.” Then he went to bed and woke up the exact same lunatic we’ve come to know and fear over the last three-plus years, and decided to spend a portion of his day whipping anti-social distancing protesters into a frenzy, contradicting everything he had said less than 24 hours prior.

The three states Trump all-caps called out have the distinction of being run by Democratic governors who’ve had the temerity to insist that logic and science will dictate when and how they will get people back to everyday life, a plan that has been met by mobs of angry protesters who’d prefer to congregate in large groups ASAP, wildly contagious coronavirus be damned. While some of them, like Virginia’s Ralph Northam, dismissed Trump’s tweets as the ravings of an online troll, saying at a press conference that he’s “fighting a biological war” and “[does] not have time” to involve himself in “Twitter wars,” others were less inclined to let them slide.

The president’s statements this morning encourage illegal and dangerous acts,” Washington governor Jay Inslee wrote on Twitter. “He is putting millions of people in danger of contracting COVID-19. His unhinged rantings and calls for people to ‘liberate’ states could also lead to violence. We’ve seen it before.” He continued: “The president is fomenting domestic rebellion and spreading lies—even while his own administration says the virus is real, it is deadly and we have a long way to go before restrictions can be lifted…. The president’s actions threaten his own goal of recovery. His words will likely cause a spike in infections where distancing is working. That will further postpose the 14 days of decline his own guidance says is necessary to ease restrictions…. I hope someday we can look at today’s meltdown as something to be pitied, rather than condemned. But we don’t have that luxury today. There is too much at stake.”

Meanwhile, in a Friday call with Mike Pence, Senate Democrats questioned the vice president re: what the hell Trump is doing and if they can expect someone in the administration to sit him down and tell him to cut the shit. To which the answer was obviously no:

Senator Tim Kaine (D-Va.) pressed Pence on Trump’s Twitter feed at the end of the call, asking why the president was trying to incite division by tweeting “LIBERATE” Virginia, Minnesota and Michigan and aligning himself with protests in those states over their lockdowns. Pence said the administration is working with governors but that the president will continue to communicate with the American people as he always has.

So that’s something to look forward to.

If you would like to receive the Levin Report in your inbox daily, click here to subscribe.

Trump sends an additional half a billion dollars to states to fight COVID-19

No, just kidding. That money’s actually going to his completely useless wall, per the Daily Beast:

In the middle of a pandemic that has killed 27,000 Americans and counting, the Army this week gave a politically connected Montana firm half a billion dollars—not to manufacture ventilators or protective gear to fight the novel coronavirus, but to build 17 miles of President Trump’s southern border wall. On Tuesday, the Army Corps of Engineers announced it awarded BFBC, an affiliate of Barnard Construction, $569 million in contract modifications for building “17.17 miles” of the wall in two California locations, El Centro and San Diego. That works out to over $33 million per mile—steeply above the $20 million-per-mile average that the Trump administration is already doling out for the wall. Construction is supposed to be completed by the end of June 2021.

On the bright side, it’s not like the money is effectively being lit on fire except, oh wait, that’s exactly what it’s like:

Smugglers sawed into new sections of President Trump’s border wall 18 times in the San Diego area during a single one-month span late last year, according to U.S. Customs and Border Protection records obtained by the Washington Post via a Freedom of Information Act request…. The records do not indicate whether the one-month span last year is a representative sample of how frequently people are trying to breach new sections of Trump’s border barrier, which are made of tall steel bollards partially filled with concrete and rebar. The Post reported last November that smuggling crews armed with common battery-operated power tools—including reciprocating saws that retail for as little as $100 at home improvement stores—can cut through the bollards using inexpensive blades designed for slicing through metal and stone.

On Wednesday, a group of 66 representatives and 25 senators sent a letter to the administration calling for the halting of construction on the wall until the coronavirus crisis is tackled. “We should be using all resources and funding to combat this virus and protect Americans, instead of using critical funding and resources to continue the construction of a border wall,” the lawmakers wrote. “The construction of a wall puts workers, law enforcement personnel, and border residents in immediate danger.” Said letter will presumably be used as toilet paper in the West Wing washroom, but it was a valiant effort nevertheless.

. . . .

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

You can read the rest of the “Levin Report” at the above link.

James Downie
James Downie
Digital Opinions Editor
Washington Post

Meanwhile, over at the WashPost, James Downie weighs in on our spineless Veep:

https://www.washingtonpost.com/opinions/2020/04/19/even-trumps-best-lackey-cant-defend-him/

When Donald Trump chose Mike Pence as his running mate in 2016, the obvious political benefit was that Pence, a former governor and House member who is famously Christian, could boost evangelical and conservative turnout to help Republicans up and down the ballot. But for the egomaniacal Trump, Pence had another key qualification: “He says nice things about me.”

Since being named to the ticket, Pence has repeatedly put his obsequiousness on display: Few on Team Trump are better at deploying up-is-down reasoning to spin news to Trump’s benefit. But during the vice president’s appearances on NBC’s and Fox News’s Sunday morning talk shows, it was clear that even Pence could not bootlick his way out of the lurch the president’s actions leave the rest of us in.

On Friday, Trump spoke out in support of protests against stay-at-home orders imposed by Democratic governors in Minnesota, Michigan and Virginia. It’s disturbing enough that the president would undermine the fight against the pandemic. Worse was his provocative call on Twitter to “LIBERATE” those states — and, in Virginia’s case, “save your great 2nd Amendment” — which caught the attention of far-right extremists. Washington Gov. Jay Inslee (D) rightly observed Friday, “The president is fomenting domestic rebellion and spreading lies — even while his own administration says the virus is real.”

Protests with honking horns, anti-shutdown signs and angry Americans continued in Maryland, Texas and Wisconsin on April 18. (The Washington Post)

[Full coverage of the coronavirus pandemic]

Naturally, hosts on both NBC and Fox asked the vice president to explain the president’s comments. After all, as Fox host Chris Wallace pointed out, “they’re protesting your own guidelines to stop the spread.” On Fox, Pence focused on bragging about the White House coronavirus task force. When pressed, he assured viewers that “no one in America wants to reopen this country more than President Donald Trump” — a line he repeated on NBC. In both interviews, he then turned to touting guidelines that Trump issued Thursday for reopening states. Pence omitted that the guidance leaves key decisions up to governors, who Trump has said should call the shots on reopening. Both are in keeping with this president’s refusal to take responsibility for the pandemic crisis or a national response.

. . . .

The simple truth is that Pence dodged because the president’s actions were indefensible. But Pence can’t say that, both because the protests are being cheered by Fox News and like-minded outlets and because Pence wants to stay in the good graces of a president who values loyalty to him above all else. So long as conservative media and egomania mean more to the president than Americans’ lives, the rest of the country suffers.

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

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

Actually, Pence is the only person in the Trump regime that the Clown-in-Chief can’t arbitrarily remove from office for speaking truth. Sure, Trump can toss him off the ticket for November. But, there are other factors here:

    • In the best case scenario, it won’t make any difference because Biden will win;
    • Trump might still remove Pence from the ticket on a whim, no matter how much he sucks up;
    • At some point is being a coward/toady/apologist for the most corrupt President in U.S. history really worth sacrificing the health and welfare of our nation as well as your human dignity?

I guess for someone like Pence, toadyism has no limits. But, America needs and deserves better from its #2.

This November, vote like your life depends on it. Because it does! Throw the Clowns out!🤡

PWS

04-20-20

BLOWING THE BASICS: THE CONTINUING UGLINESS OF THE BIA’S FAILURE OF LEGAL EXPERTISE, JUDICIAL INDEPENDENCE, AND DECISIONAL INTEGRITY IS A “LICENSE TO KILL” MOST VULNERABLE AMONG US  ☠️⚰️😰👎 —  3rd Cir. Says BIA Gets PSG Test Wrong, Fails To Apply Binding CAT Precedent, Distorts Facts to Engineer Wrongful Denial of Protection – “[W]e are troubled by the BIA’s apparent distortion of evidence favorable to Guzman in this case.” – Guzman Orellana v. Attorney General***

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowakski reports from LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca3-on-asylum-social-group-el-salvador-guzman-orellana-v-barr

 

CA3 on Asylum, Social Group, El Salvador: Guzman Orellana v. Barr

Guzman Orellana v. Barr

“We must now decide three issues: (1) whether persons who publicly provide assistance to law enforcement against major Salvadoran gangs constitute a cognizable particular social group for purposes of asylum and withholding of removal under the INA, (2) whether Guzman has established that he suffered past persecution on account of anti-gang political opinion imputed to him, and (3) whether the BIA correctly applied the framework we enunciated in Myrie v. Attorney General1 in denying Guzman relief under the CAT. For the reasons that follow, we hold that persons who publicly provide assistance against major Salvadoran gangs do constitute a particular social group, that Guzman has failed to meet his burden to show that imputed anti-gang political opinion was a central reason for the treatment he received, and that the BIA erred in its application of Myrie to Guzman’s application. Accordingly, we will vacate the BIA’s decision and remand this case for further proceedings on Guzman’s petition for relief from removal.”

[Hats off to J. Wesley Earnhardt Troy C. Homesley, III Brian Maida (ARGUED) Cravath, Swaine & Moore!]

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

*** I believe that the Third Circuit uses “Attorney General” rather than the name of the particular Attorney General in their immigration citation.

Before: RESTREPO, ROTH and FISHER, Circuit Judges. Opinion by Judge Roth.

Distortion of evidence and law happens all the time in this dysfunctional system now operated to deny basic due process and fundamental fairness to endangered individuals. Frankly, the Judges of the Third Circuit and other Courts of Appeals should be more than just “troubled” by the BIA’s legal incompetence and anti-immigrant decision-making. This isn’t just some “academic exercise.” The lives of innocent individuals are being put at risk by the ongoing fraud at EOIR under Barr!

This one-sided politically and prosecutorially-dominated charade of a “court system” is clearly unconstitutional under the Due Process Clause of the Fifth Amendment to our Constitution. Not everyone has the ability to appeal to the Circuit Courts and be fortunate enough to get a panel that actually looks critically at the case, rather than just “rubber stamping” the BIA’s decisions or giving them “undue deference” like all too many Article III Judges do. Most asylum seekers aren’t represented by Cravath, Swaine & Moore, one of America’s top law firms.

Indeed, many asylum applicants are forced by the Government to proceed without any counsel and don’t have the foggiest notion of what’s happening in Immigration Court. How would an unrepresented individual or a child challenge the Immigration Judge’s or the BIA’s misapplication of the “three-part test” for “particular social group?” How would they go about raising failure to apply the applicable Circuit precedent in Myrie v. Attorney General?

Even with the best representation, as was present in this case, under pressure from political bosses like Sessions, Whitaker, and Barr, Immigration Judges and BIA Appellate Judges constantly look for “reasons to deny” relief even where the case clearly has merit, as this one does! If against these odds, the respondent “wins,” or achieves something other than an outright “loss,” Barr can merely reach in and change the result to favor DHS Enforcement.

More outrageously, he can make that improper and unethical decision a so-called “precedent” for other cases. How totally unfair can a system get?  Is there any other “court system” in America where the prosecutor or the opposing party gets to select the judges, evaluate their performance under criteria that allow for no public input whatsoever, and then change results at both the trial and appellate level? How is this consistent with Due Process or basic judicial ethics, both of which require a “fair, impartial, and unbiased decision-maker.” In the “real world,” the mere “appearance” of impropriety or bias is enough to disqualify a judge from acting. Here “actual (not apparent) bias” is institutionalized and actively promoted!

The ongoing legal, ethical, and Constitutional problems at EOIR are quite obvious. For the Article III Courts to merely “tisk tisk” without requiring that immigration adjudications comply with basic Constitutional, statutory, and ethical requirements is a disservice to the public that continues to demean and undermine the role of the Article III Courts as an independent judiciary.

Due Process Forever! Captive Courts & Complicit Judges, Never!

PWS

04-18-20

 

 

 

BLOWING THE BASICS: 4th Cir. Says BIA Got Nexus & Political Opinion Wrong in Guatemalan Asylum Case — Lopez-Ordonez v. Barr — The Facts Were Compelling, But The BIA Worked Hard to Wrongfully Deny Protection!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowalski reports from LexisNexis Immigration Community:

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca4-on-;-nexus-political-opinion-guatemala-lopez-ordonez-v-barr

CA4 on Asylum, Nexus, Political Opinion, Guatemala: Lopez Ordonez v. Barr

Lopez Ordonez v. Barr

“Hector Daniel Lopez Ordonez was conscripted into the Guatemalan military when he was 15 years old. As part of the G-2 intelligence unit, Lopez Ordonez was ordered— and repeatedly refused—to torture and kill people. After a particularly horrific incident in which Lopez Ordonez refused to murder a five-month-old baby and threatened to report the G-2’s abuses to human rights organizations, the G-2 confined him to a hole in the ground for ten months. Upon his release, he fled to the United States. Lopez Ordonez now petitions this Court to review an order from the Board of Immigration Appeals (“BIA”) denying his asylum application and ordering his removal to Guatemala. The BIA determined that Lopez Ordonez did not meet the nexus requirement to establish his eligibility for asylum—that is, he did not show past persecution on account of a statutorily protected ground. The record in this case, however, compels us to conclude that Lopez Ordonez has demonstrated that one central reason for his persecution by the Guatemalan military was his political opinion, a protected ground under the Immigration and Nationality Act (“INA”). Accordingly, we vacate the BIA’s nexus determination and remand for further proceedings.”

[Hats off to Samuel B. Hartzell!]

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

Chief Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Wynn joined.”

Beneath the smokescreens of the uncontrolled backlog and gross mismanagement at EOIR lies an uglier truth. The BIA is a politically motivated tool of the Trump regime that puts reaching preconceived denials of protection ahead of Due Process and the fair application of asylum law. 

This case should have been an easy grant, probably a precedent. By requiring the DHS, the Asylum Office, and Immigration Judges to follow a properly fair and generous interpretation of asylum law that would achieve its overriding purpose of protection, an intellectually honest BIA with actual legal expertise in applying asylum laws would force an end to the racially-driven intentional perversion of asylum laws and Due Process by the Trump regime. 

More cases granted at a lower level would discourage the largely frivolous attempts to deny asylum engaged in by the DHS here. It would reduce the backlog by returning asylum and other protection grants to the more appropriate 60%+ levels they were at before first the Obama Administration and now the Trump regime twisted the laws and employed various coercive methods to encourage improper denials to “deter” legitimate refugees from Central America and elsewhere from seeking protection. 

With fair access to legal counsel, many more asylum cases could be well-documented and granted either by the USCIS Asylum Office (without going to Immigration Court) or in “short hearings” using party stipulations.  The ability to project with consistency favorable outcomes allows and encourages ICE Assistant Chief Counsel to be more selective in the cases that they choose to fully litigate. That encourages the use of stipulations, pre-trial agreements, and prosecutorial discretion that allows almost all other courts in America, save for Immigration Courts, to control dockets without stomping on individual rights.

It would also force all Administrations to establish robust, realistic refugee programs for screening individuals nearer to the Northern Triangle to obviate the need for the journey to the Southern border. Additionally, compliance with the law would pressure our Government to work with the international community to solve the issues causing the refugee flow at their roots, in the refugee-sending countries, rather than misusing the U.S. legal system and abusing civil detention as “deterrents.”

Due Process Forever! Captive “Courts” Never!

PWS

04-18-20 

CATHERINE RAMPELL @ WASHPOST:  “Dreamers” Are In The Front Lines Of Essential Workers — Why Is The Regime Persecuting Them? 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/the-dreamers-are-an-essential-part-of-our-covid-19-response/2020/04/16/9514d2e0-8022-11ea-9040-68981f488eed_story.html

Catherine writes:

NEW YORK — Dr. P. has to be reminded to take breaks during her 12-hour emergency-room shifts — to drink water so she doesn’t get dehydrated; to go to the bathroom; even just to breathe for a few minutes alone, unencumbered by layers of sweaty, suffocating personal protective equipment.

It can be hard to remember to pause because there’s too much to do. Too many patients, everywhere, wheezing and gasping for air. Even before the ER was overwhelmed, she had been reluctant to step away. In mid-March, as patients were surging into emergency departments, she requested to cancel some scheduled time off.

“I asked to keep working, rather than just sit at home and do nothing,” she said. “It’s a helpless feeling sitting at home, knowing that things are getting worse at the hospital.”

But if the Supreme Court lets the Trump administration have its way, she might have to stop her lifesaving work, permanently.

[[Full coverage of the coronavirus pandemic]]

P. is a “dreamer,” one of the 825,000  unauthorized immigrants brought to the United States as children who have received protection under the Deferred Action for Childhood Arrivals program. (I’m using only her last initial because she fears attracting attention to her family, which is still undocumented.)

DACA, created by the Obama administration in 2012, shields these young immigrants from deportation and allows them to work. An estimated 29,000 are health-care workers like P. and on the front lines of the coronavirus pandemic.

After the Trump administration announced in 2017 that it planned to terminate the program, one of the more prescient outcries came from the medical community. In a Supreme Court filing, a consortium of medical colleges and aligned groups warned that the industry depends heavily on not just immigrant workers but specifically on DACA recipients, and that ending DACA would weaken the country’s ability to respond to the next pandemic.

[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]

For now, those who had DACA protections before the legal battles began are able to continue renewing them while the courts deliberate. For people such as P. — and the patients who rely on her care — this has been a godsend, if an imperfect one given her career choice.

The education and training required to become a doctor are an exceptionally long undertaking, and DACA offers only two years of protections before renewal is required (though it was never guaranteed). There was always a chance she might not be able to actually practice medicine after years of schooling and taking on hundreds of thousands of dollars in student debt.

Still, P. committed herself to finding a way to become a doctor. She applied for and received DACA status, completed college (in three years, to save money) and persuaded a highly ranked medical school to give its first-ever slot to a dreamer.

She’s in her first year of residency in emergency medicine. Each day, after she takes off her protective gear and attempts to wash off both “the virus and the fear,” she goes home and worries about whether she will be allowed to complete her residency. Losing DACA would mean losing her ability to repay her loans, treat desperate patients, even stay in the only country she has ever known. She’s been here since age 2.

She’s on edge, waiting for the Supreme Court to decide whether the way the Trump administration ended DACA was lawful. Tremendous uncertainty surrounds the range of possible outcomes, from no changes at all to every DACA recipient losing protections immediately. In oral arguments last fall, Chief Justice John G. Roberts Jr. suggested terminating DACA would result in dreamers losing their work authorization but that deportation was not at issue; Trump administration officials have since made clear they are, in fact, reopening removal proceedings.

. . . .

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

Read the forested of Catherine’s article at the link.

The lower Federal Courts unanimously did the right thing here by protecting the Dreamers from irrational Executive overreach based on an invidious racially-tainted White Nationalist agenda and a transparently bogus legal rationale. There was no reason for the Supremes to even take the case. Dismissing the Government’s poorly reasoned, bad faith case against the Dreamers should be a “no brainer” for the Supremes. The lower court decisions provide numerous solid reasons for doing so.

Nevertheless, to date, J.R. and his GOP colleagues have yet to find a White Nationalist immigration policy by the Trump regime that they didn’t “greenlight.” If, as expected, they do it again here, the results for both America and the Dreamers will be horrendous. 

Due Process Forever!

PWS

04-17-20

SPLC: U.S. District Court Judge Jesus Bernal Approves Nationwide Class Challenging Conditions in Gulag During Pandemic

DETAINED MIGRANTS WIN IN FEDERAL COURT: JUDGE GREENLIGHTS NATIONWIDE CLASS ACTION LAWSUIT

April 16, 2020

To make Press Center inquiries, email press@splcenter.org or call us at 334-956-8228.

Tens of thousands of immigrants denied medical care and disability accommodations by the federal government will have their day in court

RIVERSIDE, Calif. – A federal judge ruled today that a nationwide class action lawsuit against Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) can proceed, greenlighting a challenge to ICE’s system-wide failure to provide standard medical and mental health care and disability accommodations for people in its custody.

U.S. District Court Judge Jesus Bernal issued the ruling in the lawsuit filed by the Southern Poverty Law Center (SPLC), Disability Rights Advocates (DRA), Civil Rights Education and Enforcement Center (CREEC), Orrick, Herrington & Sutcliffe LLP and Willkie Farr & Gallagher LLP. The plaintiffs seek zero monetary damages and instead only an end to the inhumane and traumatic experience of ICE detention affecting tens of thousands across the country.

Judge Bernal denied the government’s motion to divide the nationwide lawsuit into 15 individual cases in eight district courts. He also denied ICE’s motion to strike the 200-page complaint, which was filed in the U.S District Court for the Central District of California in August 2019.

The ruling comes amid the spread of Covid-19 in detention centers, a dangerous scenario that doctors and public health experts across the country have warned will only be made worse by ICE’s lack of pre-existing medical care and substandard detention center conditions. On March 25, the groups filed an emergency preliminary injunction motion in the case requiring ICE to immediately fix numerous deficiencies in its Covid-19 response, such as inadequate staffing, resources and oversight. The motion further seeks the immediate release of medically vulnerable people if ICE cannot or will not take immediate steps to protect those who are in its custody. Judge Bernal has yet to rule on that injunction.

“Today, the court rejected ICE’s false narrative that our plaintiffs’ stories represent just a few individual problems,” said Lisa Graybill, SPLC deputy legal director. “The court saw through ICE’s deliberate mischaracterization of our case. This is the first step in holding ICE to account for its appalling treatment of the tens of thousands of immigrants needlessly incarcerated and languishing in its prisons around the country.”

 

According to the lawsuit, ICE has failed to provide detained migrants in over 150 facilities nationwide with safe and humane conditions, as required by agency standards, federal law and the U.S. Constitution. Numerous reports, including accounts by internal government investigators, detail the lack of sufficient medical and mental health care treatment, ultimately resulting in untreated medical needs, prolonged suffering and preventable death. ICE’s punitive use of segregation violates the Fifth Amendment of the U.S. Constitution. The agency’s failure to ensure that detained immigrants with disabilities are provided accommodations and do not face discrimination violates Section 504 of the Rehabilitation Act of 1973.

 

“Mentally, they are killing us,” said plaintiff Ruben Mencias Soto. “What I am living and what I am seeing is not only my situation. This is unjust as a system. [The government] is falling to the lowest level with ICE.”

Mencias Soto, who has been detained at Adelanto ICE Processing Center in California for over a year, has dislocated and herniated discs in his back. He has had his wheelchair and crutches taken away by detention staff, leaving him without a device to help him walk and causing immense pain.

 

“Across the country, ICE continually fails to provide basic medical care and necessary disability accommodations to people in immigration detention – putting thousands of people in life-threatening danger every day. From holding people with disabilities in solitary confinement solely because of their medical needs to denying patients in detention doctor-ordered emergency medical care, ICE has demonstrated incompetence and cruelty toward people with disabilities. Disability Rights Advocates is committed to fighting for the civil rights of those in custody until ICE complies with U.S. law,” said Stuart Seaborn, Managing Director of Litigation, Disability Rights Advocates.

 

“ICE’s failure to ensure that private prison companies like the GEO Group adequately take care of people in their custody has been an open secret for a long time,” said Timothy Fox, co-executive director of the Civil Rights Education and Enforcement Center. “We are pleased that the court will allow us to move forward and hopefully end the impunity with which this agency and its private operators have been acting for too long.”

 

Plaintiff Jose Baca Hernandez underscored that the goal of the case is to “improve health for me and the rest of the people here [in detention]. This is not only for me. It’s so everyone here can be healthy.” During his time in custody, ICE failed to provide Baca Hernandez–a blind man–with effective communication. He has been forced to rely on his cellmates, attorneys, and guards to read documents, including those related to his medical care and immigration case.

 

Plaintiff Luis Rodriguez Delgadillo, who has schizophrenia and bipolar disorder, had reached a considerable measure of mental health stability before his detention. In detention, however, his shifting medication regime, lack of therapy and the failure of mental health staff to mitigate stressors have caused his mental health to noticeably decline.

 

This case is about fighting to ensure “we all can get better treatment,” Rodriguez Delgadillo said. “Some people don’t have the means or are scared to speak, so we fight for everyone else.”

 

The parties will work with the court to set the schedule for the litigation of the case.

See plaintiffs’ opposition to defendants’ motion to sever and dismiss, transfer actions, and strike portions of the complaint here.

 

See the complaint here and all other filings in the case here.

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

What if we had a Government that “did the right thing” without being sued?

Due Process Forever!

PWS

04-17-20

OUT OF THE GULAG: Rocky Mt. Immigrant Advocacy Network (“RMIAN”) Forces Release of Eight Highly Vulnerable Detainees! — Flooding US District Courts With Litigation Appears To Be Only Way To Get DHS to Do Their Job!

 

https://mailchi.mp/rmian/rmian-habeas-april-update?e=76683935c9

ICE Releases 8 of 14 Petitioners 24 Hours After RMIAN & Advocates File Lawsuit To Order Release of Medically-Vulnerable People in ICE Custody

 

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In just 24 hours, ICE released 8 of the 14 petitioners in the lawsuit. All 8 are women living with HIV.

April 15, 2020

Denver — After the lawsuit filed by Arnold & Porter, the National Immigration Project of the National Lawyers Guild (NIPNLG), and the Rocky Mountain Immigrant Advocacy Network (RMIAN) for the release of 14 medically-vulnerable people in civil immigration detention at the Aurora ICE Processing Center in Colorado yesterday, ICE officials released 8 of the 14 petitioners within 24 hours.

The 8 people released from immigration detention are all people living with HIV. “RMIAN is elated to see the release of these eight resilient women” says Laura Lunn of the Rocky Mountain Immigrant Advocacy Network. “Yesterday, our clients were trapped in a cage that stripped them of any autonomy over their personal safety and wellbeing. Today, these women are finally able to protect themselves. It is astonishing the difference a day – and a federal lawsuit – makes.”

RMIAN Social Service Project, along with many community organizations, including the American Friends Service Committee, Casa de Paz, the Santa Fe Dreamers Project, and Las Americas, are receiving the women upon release and providing food, housing, and travel assistance. Jordan Garcia, Colorado Program Director of the American Friends Service Committee states, “COVID-19 unmasks how caging people threatens public health. As a society, we cannot treat anyone as expendable. Today we are relieved and heartened that these women were released into the hand of caring community, who can make sure that their needs are taken care of. We hope that more members of our community can be released in the coming days and weeks.”

“This is a great result for many of our clients, but our work is not done” said Tim Macdonald, pro bono counsel at Arnold & Porter. Co-counsel in the case will continue to fight for release of the 6 petitioners who remain detained, all of whom have medical vulnerabilities that make them especially susceptible to serious illness or death should they contract COVID-19. Adrienne Boyd, also of Arnold & Porter, urged, “There is no reason for ICE to continue to detain our remaining clients. Their lives are on the line and they should be released as soon as possible.”

The lawsuit fits into a broader movement of litigation around the country asking federal judges to order release of vulnerable people detained in ICE custody in response to ICE inaction in the midst of the COVID pandemic. Sirine Shebaya, of the National Immigration Project of the National Lawyers Guild, explains, “We are thrilled that our 8 clients have been released after the filing of this lawsuit. But it should not have taken emergency litigation to achieve this outcome. Their quick release shows that ICE is fully capable of releasing people, and is aware of the special vulnerabilities affecting many of those it is currently detaining, but is not taking the actions it should unless compelled to do so. That is the same pattern we are seeing across the country—a refusal to acknowledge the extreme emergency and the immediate need to release persons who are detained so they can safely self-isolate during this difficult time.”

Co-counsel’s emergency filing urges the court to take up the case on an expedited basis, in light of the grave harm that could befall the people detained at any moment.

The lawsuit cites the severe risk the COVID-19 pandemic poses to the health and safety of the petitioners, who all have serious medical vulnerabilities. The ICE detention facility in Aurora, Colorado has failed to put in place CDC-recommended preventive measures, and is unable to provide adequate medical care in the event of an outbreak at the facility.

Detained people do not have personal protective equipment or cleaning supplies other than a generic bath bar and spray solution. Five staff members who work in the facility have tested positive for the virus, and several dorm units in the facility were placed under quarantine. Given the presence of the virus among the facility staff, attorneys say it is reasonable to suspect that detained individuals have already been exposed and that serious illness or death is inevitable for many immigrants and asylum seekers confined in the facility.

The clients included in this group all experience serious health issues, including respiratory illness, diabetes, high blood pressure, heart conditions, cancer, asthma, and otherwise severely compromised immune systems. One petitioner has a history of cancer, is living with only one lung, and has chronic asthma, yet she is unable to control her contact with the outside world given that she is currently detained. Attorneys say coronavirus quarantines have exacerbated the already dire conditions in the ICE facility.

Co-counsel in the case are Timothy Macdonald, Adrienne Boyd, Katie Custer, and Sarah Grey of Arnold & Porter, Sirine Shebaya, Khaled Alrabe, and Amber Qureshi of the National Immigration Project of the National Lawyers Guild, and Laura Lunn of the Rocky Mountain Immigrant Advocacy Network.

——

The case is Codner v. Choate and was filed in federal district court in Denver on April 14, 2020.

Please share this important update with your social networks.

 

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With nearly 1,000 lawyers practicing in 14 offices around the globe, Arnold & Porter serves clients across 40 distinct practice areas. The firm offers 100 years of renowned regulatory expertise, sophisticated litigation and transactional practices, and leading multidisciplinary offerings in the life sciences and financial services industries.

 

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

As the current system flounders, wastes resources, and threatens lives, let’s imagine what a better system would look like.

Article I Independent Immigration Court

    • Appellate Division issues nationwide precedent requiring release of most vulnerable detainees who are not dangerous and can be safely placed in communities consistent with best health guidance;
    • Immigration Courts use Televideo technology and e-filing  to safely hold bond hearings and insure DHS compliance with criteria in individual cases on expedited basis;
    • Contempt authority available to insure that DHS officials and attorneys comply with legal requirements for release in good faith;
    • Article III review available for the limited number of individual cases that can’t be resolved by Article I Immigration Court.

Yes, it can be done!

Due Process Forever! Captive Courts Never!

PWS

04-17-20

IDIOCY WATCH: “Clown Courts’” 🤡🤡🤡 Refusal To Follow COVID-19 Guidelines Is Top Headline In Today’s National Law Journal — “Congress should not have believed to have adopted … a suicide pact or a death trap.”☠️⚰️😰🆘😉

Jacqueline Thomsen
Jacqueline Thomsen
Courts Reporter
National Law Journal

DOJ Said Judges Can’t Stop Immigration Hearings Over COVID-19. Cleary Gottlieb Called That a ‘Death Trap.’

Immigration lawyers and detained immigrants want U.S. District Judge Carl Nichols to temporarily stop all in-person immigration proceedings during the COVID-19 pandemic.

By Jacqueline Thomsen | April 15, 2020 at 06:35 PM

Justice Department attorneys told a federal judge in Washington, D.C., on Wednesday that he lacks the authority to temporarily halt in-person court proceedings for detained immigrants during the COVID-19 pandemic.

. . . .

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

Those will full access can go over to the NLJ for Jacqueline’s complete article.  

With DOJ lawyers arguing that folks have to “exhaust their administrative remedies” (basically by risking death or serious illness) you get the general tenor of the argument before U.S. District Judge Carl Nichols in D.C. 

I’d be tempted to say that during the pandemic ethical rules have been suspended for DOJ attorneys. But, in my view, that was true even before the pandemic. 

And, in their defense, some of their misleading narratives and insane arguments actually WIN in Federal Court, as some Federal Judges are used to deferring to the DOJ and giving their lawyers a pass on both ethical rules and acceptable arguments that generally wouldn’t be extended to private attorneys acting in the same irresponsible manner.

What would be an acceptable response in a better functioning, ethics-biased DOJ: for the lawyers to go back to their “agency clients,” tell them that they won’t defend the indefensible, and advise them to start working immediately with the plaintiffs to develop methods for hearing only the most pressing cases under appropriate health safeguards. 

Interestingly, the positions argued by DOJ lawyers are actually putting the lives of their colleagues at EOIR and their fellow Government attorneys at ICE at risk! Perhaps if they “win,” they should be given a chance to risk their lives to represent ICE in Immigration Court! Wonder how their nifty little “exhaustion arguments” would help them ward off the virus.

With 1.4 million cases already in the backlog, it’s not like any one removal more or less during the pandemic is going to make much of a difference. Unlike, perhaps, some other courts built with sufficient space and electronic support, the poorly designed “brandbox” Immigration Courts with marginal, at best, technology, are unhealthy in the best of times. Certainly, it’s difficult to imagine that there are very many cases other than perhaps bonds or stipulated “grant and release” cases that need to go forward right now.

How many lawyers (on both sides) and Immigration Judges are going to have to die before the Article IIIs finally take notice and put the brakes on the nonsense going on at EOIR?☠️⚰️☠️⚰️☠️⚰️

Due Process Forever. Clown Courts Never!🤡

PWS

04-16-20 

NDPA RESOURCES: Bill Frelick at Human Rights Watch With Tons of Helpful Links For Refugee/Human Rights Advocates!

Bill Frelick
Bill Frelick
Director
Refugee and Migrant Rights Division
Human Rights Watch
Friends of the Refugee and Migrant Rights Division
April 2020 Newsletter

 

Dear Friends,

 

First, I hope all of you are in good health and will stay that way. Around the world, all eyes are on the spread of the COVID-19 virus. The pandemic is challenging families, communities, health care systems, and governments. There is no doubting the severity of the public health crisis we are facing, not only for each of you, but in many ways, especially, for the refugees, asylum seekers, and migrants we serve.

 

You can find Human Rights Watch’s work on the coronavirus here.

 

Going forward, I will be doing advocacy work relating to COVID-19 and migrants, and am looking at doing a global project focused on alternatives to immigration detention. Nadia Hardman, see below for intro, is collaborating with our Lebanon researcher on a project on Coronavirus-related discriminatory restrictions on Syrian refugees in Lebanon. She will also be working with our Asia Division on COVID19-related discriminatory restrictions on IDPs in Rakhine state, Myanmar, and on Rohingya refugees in Cox’s Bazar, Bangladesh. As the #stayhome hashtag circulates on twitter, we will demonstrate how difficult it is for refugee and migrants living in crowded and confined spaces with limited access to basic hygiene and sanitation, to conform to social distancing and other public health recommendations. In this time of crisis, no one should be left behind.

 

We have two major updates to share with you outside of our COVID-19 response. As you can see up top, we have a new name: The Refugee and Migrant Rights Division. In fact, although we previously were only called Refugee Rights, we have worked on migrant rights all along. I’m happy to report that Human Rights Watch has taken a decision to make the rights of migrants a cross-divisional priority for the organization and so our colleagues throughout the organization will be devoting additional resources to this work, which is critically important, now more than ever.

 

I also want to introduce you to our new Refugee and Migrant Rights researcher, Nadia Hardman. Nadia comes to us from the International Rescue Committee, where she was a senior protection officer for Syrian refugees in Lebanon. Before that, she worked with internally displaced persons (IDPs) in Iraq, based in Mosul, with the Norwegian Refugee Council. Nadia has worked with refugee and IDP populations in Myanmar, Thailand, and Palestine and was a Program Lawyer for the International Bar Association’s Human Rights Institute working on rule of law issues in Azerbaijan, Cambodia, Egypt, and Tajikistan. She is a qualified UK lawyer with a Masters in Human Rights from University College London. She speaks fluent French and Italian and will be based in our Beirut office.

 

Nadia recently returned from Turkey where she and Gerry Simpson were researching pushbacks from the Greek border. She and Gerry wrote Greece: Violence Against Asylum Seekers at Border: Detained, Assaulted, Stripped, Summarily Deported and produced this compelling video while there. In introducing the report, Nadia said, “The European Union is hiding behind a shield of Greek security force abuse instead of helping Greece protect asylum seekers and relocate them safely throughout the EU. The EU should protect people in need rather than support forces who beat, rob, strip, and dump asylum seekers and migrants back across the river.”

 

Simultaneously with Gerry and Nadia’s work in Turkey, I was on the island of Lesbos in Greece documenting vigilante violence against refugees and migrants and the humanitarian NGOs who serve them. While there, I wrote Gunshots, summary trials, deportations: the reality for refugees in the EU-Turkey stand-off for Euro News and this accompanying video(with apologies for my thumb in the lens). Just before the full threat of Coronavirus seized everyone’s attention, I spent time in the severely overcrowded and unsanitary Moria camp where I recorded this video on the mob violence that was causing humanitarian organizations to suspend their operations and deepening anxiety and lack of adequate services in the camp. As bad as things were for the 20,000 or so people living in the Moria camp, built to accommodate fewer than 3,000, things appeared even worse for new arrivals who were not allowed to lodge asylum claims and who the Greek government was threatening to send directly back to Turkey or their home countries. I did this video about the first arrivals who were being kept on a naval vessel docked at the Mytilene harbor. The PBS Newshour did a piece on Moria camp/Lesbos, which includes my take on the situation there.I went on TRT and discussed the EU announcement that they were prepared to pay migrants in Greece US$2,225 if they volunteered to go back to their home countries.

 

 

Of course, our work on the rest of the world continues. I particularly wanted to draw your attention to the landmark report from our US Program colleagues, Alison Parker and Elizabeth Kennedy, Deported to Danger: United States Deportation Policies Expose Salvadorans to Death and Abuse, a report that identified 138 cases of Salvadorans who had been killed since 2013 after being deported from the United States.

 

We have been actively engaged in fighting the various Trump administration initiatives to eviscerate the right to seek asylum in the United States and to bring refugee resettlement to a virtual standstill. We are currently working on the asylum cooperative agreements that the United States has concluded with El Salvador, Honduras, and Guatemala after much arm twisting, as well as the Remain in Mexico program that has stranded thousands of asylum seekers just across the US southern border. See the links below for publications relating to this work.

 

For those with a taste for longer range thinking about what is needed to fix the US asylum system, please check out my What’s Wrong with Temporary Protected Status and How to Fix It: Exploring a Complementary Protection Regime in the Journal of Migration and Human Security and, Central American Women Fleeing Domestic Violence Deserve Refugee Status in The Hill, in which I argue that gender should be recognized comparably as a protected ground for asylum as race, nationality or religion. And for those looking for ideas on how to reform the international refugee regime, please check It is Time to Change the Definition of Refugee: Climate Change is an Existential Threat to Humanity Should Be Included in Legislation on Asylum Seeking, which I did for Al-Jazeera.

 

Below my signature is a selection of some more of our work during the past several months to defend the rights of refugees, asylum seekers, and migrants around the world.

 

We realize that many of the people on this mailing list are themselves engaged in non-profit humanitarian and human rights work relating to refugees and displaced people, and are not in a position to help us financially. However, if you think this work is worthwhile and you are able to contribute to enable us to continue to conduct research and effective advocacy on these and other important issues, we ask our friends to consider contributing to support Human Rights Watch’s Refugee and Migrant Rights Division. You can do so simply by clicking the Donate button at the end of my signature.

 

Follow @Nadia_Hardman and @BillFrelick on Twitter for updates on human rights issues concerning migrants, asylum seekers, and refugees.

 

With best regards,

 

Bill Frelick

Director

Refugee and Migrant Rights Division

Human Rights Watch

1275 K Street, NW

Suite 1100

Washington, DC 20005

 

Tel: 202-612-4344

Mobile: 240-593-1747

Skype: bill.frelick

Fax: 202-612-4333

Follow on Twitter: BillFrelick

Web: www.hrw.org

 

Global

December 24, 2019 Refugees All Over the World Pressured to Go Back Home in 2019

 

Europe/Central Asia

March 17, 2020 Greece: Violence Against Asylum Seekers at Border

March 16, 2020 Greek Vessel Takes Syrians, Afghans to Closed Camp

March 12, 2020 US: COVID-19 Threatens People Behind Bars

March 10, 2020 Greece/EU: Allow New Arrivals to Claim Asylum

March 6, 2020 Interview: What’s Happening to Refugees in Greece

March 6, 2020 Gunshots, Summary Trials, Deportations

March 4, 2020 Greece/EU: Urgently Relocate Lone Children

March 4, 2020 Greece/EU: Respect Rights, Ease Suffering at Borders

February 18, 2020 EU Turns Its Back on Migrants in Distress

February 12, 2020 Italy: Halt Abusive Migration Cooperation with Libya

January 31, 2020 Italy: Revoke Abusive Anti-Asylum Decrees

January 20, 2020 Britain Cannot Turn Its Back on Lone Children Now

January 9, 2020 Kazakhstan: Improper Prosecution of Asylum Seekers from China

December 18, 2019 Greece: Unaccompanied Children at Risk

December 17, 2019 Rohingya Children Need an Advocate in Brussels

December 4, 2019 France Drops Plan to Give Boats to Libya

December 4, 2019 Greece: Camp Conditions Endanger Women, Girls

November 8, 2019 EU: Address Croatia Border Pushbacks

October 29, 2019 Greece: Asylum Overhaul Threatens Rights

October 24, 2019 Turkey: Syrians Being Deported to Danger

October 19, 2019 Bosnia Should Immediately Close Inhumane Migrant Camp

October 3, 2019 EU Governments Face Crucial Decision on Shared Sea Rescue Responsibility

September 5, 2019 Italy’s New Government Should Undo Its Worst Migration Policies

September 5, 2019 Subject to Whim: The Treatment of Unaccompanied Migrant Children in the French Hautes-Alpes

 

Asia/Pacific

February 13, 2020 Christians Abducted, Attacked in Bangladesh Refugee Camp

January 29, 2020 A Step Forward for 10,000 Rohingya Refugee Children

January 28, 2020 It Is Time to Change the Definition of Refugee

January 14, 2020 Australia: National Security Laws Chill Free Speech

January 14, 2020 Myanmar: Seeking International Justice for Rohingya

December 16, 2019 “I’m Happy, But I Am Also Broken for Those Left Behind”: Life After Manus and Nauru

December 3, 2019 “Are We Not Human?”: Denial of Education for Rohingya Refugee Children in Bangladesh

December 2, 2019 Bangladesh: Rohingya Children Denied Education

November 26, 2019 Bangladesh Turning Refugee Camps into Open-Air Prisons

November 13, 2019 Papua New Guinea: Detainees Denied Lawyers, Family Access

November 12, 2019 South Korea Deports Two From North to Likely Abuse

September 30, 2019 Bangladesh: Halt Plans to Fence-In Rohingya Refugees

September 13, 2019 Bangladesh: Internet Blackout on Rohingya Refugees

September 7, 2019 Bangladesh: Clampdown on Rohingya Refugees

September 2, 2019 “Where His Blood Fell”: A Rohingya Widow’s Call for Justice

August 22, 2019 Myanmar: Crimes Against Rohingya Go Unpunished

August 20, 2019 Myanmar/Bangladesh: Halt Rohingya Returns

 

Middle East/Africa

March 5, 2020 Interview: Libya’s Chaos Explained

December 20, 2019 Winter Looms For Lebanon’s Syrian Refugees

December 12, 2019 Tanzania: Burundians Pressured into Leaving

November 27, 2019 Kurdistan Region of Iraq: Refugees’ Movements Restricted

November 7, 2019 “Repatriation” of Syrians in Turkey Needs EU Action

October 29, 2019 Tanzania: Asylum Seekers Coerced into Going Home

September 19, 2019 Tanzania: Protect Burundians Facing Abuse

September 11, 2019 Justice, Delayed in Libya

August 15, 2019 Ethiopians Abused on Gulf Migration Route

 

Americas

March 3, 2020 Children Sent to Mexico Under Trump Face Abuses, Trauma

February 12, 2020 US: ‘Remain in Mexico’ Program Harming Children

February 10, 2020 The US Deported Them, Ignoring Their Pleas. Then They Were Killed.

February 7, 2020 US Congress Investigates Policy Harming Asylum Seekers

February 5, 2020 Deported to Danger: United States Deportation Policies Expose Salvadorans to Death and Abuse

February 5, 2020 US: Deported Salvadorans Abused, Killed

January 29, 2020 Q&A: Trump Administration’s “Remain in Mexico” Program

January 29, 2020 US: Returns to Mexico Threaten Rights, Security

January 14, 2020 US: Punitive Policies Undercut Rights

December 9, 2019 Utah Governor to Trump: ‘Allow Us to Accept More Refugees’

December 6, 2019 Brazil Grants Asylum to 21,000 Venezuelans in a Single Day

November 25, 2019 US Should Cease Returning Asylum Seekers to Mexico

November 18, 2019 America Should Not Lag Behind on Protecting Children

November 16, 2019 US to Refugees: Poor Asylum Seekers Need Not Apply

October 18, 2019 Cuban Man Dies in US Immigration Custody

October 14, 2019 US Columbus Day Holiday Celebrates a Shameful Past

September 27, 2019 US Refugee Action Has Worldwide Impact

September 25, 2019 US Move Puts More Asylum Seekers at Risk

September 3, 2019 US: Suit Over Indefinite Detention of Children

August 31, 2019 The Long Journey to the US Border

August 21, 2019 US: New Rules Allow Indefinite Detention of Children

 

 

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

Thanks to my good friend and tireless human rights warrior Debi Sanders for sending this my way.

Check out Bill’s latest op-ed over at The Hill here:

https://thehill.com/opinion/immigration/491789-essential-travel-in-a-time-of-pandemic#.XpSOvUVLrMI.twitter

 

PWS

 

04-16-20

CLOWN-IN-CHIEF’S ATTEMPTS TO SHIFT BLAME & ATTENTION FROM HIS OWN ABSURDIST SPECTACLE MAKE A BAD SITUATION MUCH WORSE! — The WHO’s Flawed Response to COVID-19 Was Still Better Than His! — “Captain Clown” “propounds powerful gibberish, [as] the mutiny builds.” 🤡☠️⚰️🤡☠️⚰️🆘

Trump Clown
Donald J. Trump
Clown in Chief

https://www.washingtonpost.com/opinions/2020/04/15/trumps-ugly-new-blame-shifting-scam-spotlights-his-own-failures/

Greg Sargent writes in the WashPost:

President Trump is spinning his new decision to suspend funding to the World Health Organization as an act of decisive leadership — one that showcases his devotion to effective crisis management, to gathering good empirical information, and to holding people accountable for leadership failures that had catastrophic human consequences.

In just about every conceivable way, this is the opposite of the truth.

In making this new move, Trump is inviting us to review the basic timeline of events. And it demonstrates that the WHO, for all its initial failures, was still far ahead of Trump in embracing the need for a comprehensive response to coronavirus.

The timeline also once again illustrates Trump’s epic failures in that regard, and reveals the degree to which Trump is now relying on transparently ridiculous scapegoating to erase his own central role in this catastrophe.

[Full coverage of the coronavirus pandemic]

In announcing an end to funding for the WHO, Trump claimed the organization was complicit in China’s early coverup of the outbreak’s severity there. He insisted the WHO “pushed China’s misinformation,” and ripped WHO for “severely mismanaging and covering up the spread.”

Trump also claimed that if not for WHO, “the outbreak could have been contained at its source with very little death.” He lamented that the U.S. can’t rely on WHO for “accurate, timely and independent information to make important public health recommendations and decisions.”

For Trump to position himself in this manner as a spokesperson for crisis management, empiricism and accountability would be positively comical, if the stakes weren’t so monumentally dangerous.

The WHO’s initial mistakes were real, and many critics beyond Trump have pointed to them. The organization was too trusting of China’s early obfuscations about coronavirus, and failed to aggressively push China to be more transparent. The WHO also arguably was too slow to declare a global public health emergency.

But cutting off funding as a punishment is counterproductive and deeply absurd. Indeed, even if you accept that the WHO committed serious errors, the timeline is still far more damning to Trump, by the terms that he himself has set through his criticism of the organization.

The timeline is far more damning to Trump

By Jan. 23, the WHO was already warning that coronavirus could “appear in any country,” and urged all countries to be “prepared for containment” and get ready to exercise “isolation” and “prevention” measures against its spread.

At around the same time, on Jan. 22, Trump was asked point-blank whether he worried about coronavirus’s spread, and he answered: “No, not at all,” insisting it was just “one person coming from China” and that “we have it totally under control.”

And on Jan. 24, Trump hailed China’s “effort” against coronavirus and its “transparency” about it, predicting that “it will all work out well.”

So Trump showed less concern about its spread in countries outside China — including in our own — than the WHO did.

On Jan. 30, the WHO declared coronavirus a global public health emergency. While WHO was still too credulous toward China’s response, WHO also warned that all countries must review “preparedness plans” and take seriously what was coming.

By contrast, on Jan. 30, Trump was directly warned by his Health and Human Services secretary of the threat coronavirus posed. Trump dismissed this as “alarmist.”

And on Feb. 2, Trump boasted to Sean Hannity: “We pretty much shut it down, coming in from China.” He hailed our “tremendous relationship” with that country. Trump continued praising China’s handling of coronavirus all through the entire month of February.

So at the very least, Trump showed precisely the same credulity about China that Trump is now faulting the WHO for showing, but without appreciating the urgency of the international threat coronavirus posed to the degree that the WHO did.

As MSNBC’s Ari Melber aptly put it, these attacks on the WHO are “only calling attention to the fact that the WHO was ahead of President Trump.”

. . . .

Trump is attacking the WHO right now so we’ll talk about the WHO’s shortcomings, and not his own role in this catastrophe. But this blame-shifting utter nonsense, and no one should grant it the slightest shred of credibility.

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

At the link, read Greg’s complete article which also dismembers Trump’s bogus claim that his “Chinese travel ban” had a major impact on deterring the spread of the pandemic. 

So, here’s what really appears to be happening as America’s national government disintegrates under Trump’s malicious incompetence. America is breaking up into a number of “Regional Federated States” which have banded together for mutual assistance under decisive governors, largely, but not exclusively Democrats. We already have one on the West Coast and one in the Northeast. I’d look for the governors of Virginia and Maryland and the Mayor of DC to perhaps form a “DMV Region” to manage the pandemic and the recovery.

That covers about 1/3 of the U.S. population and much of the economic and tax base. The rest of the states will have to limp along as best they can with governors largely in charge and trying to get as much help as they can from the sinking Federal ship by going around Trump and dealing with Pence, Fauci, and Birx. Everyone also counts on some help from the Fed, which isn’t immune from Trump’s blustering nonsensical attacks, but is largely beyond his control and therefore free of his blundering ineptness. 

There’s likely to be very bad news for the health and safety of those in states whose GOP governors have proved to be as inept and willfully blind as Trump and the rest of his kakistocracy. South Dakota is a prime example of what happens under a clueless GOP Governor.

Notably, most of the initial victims in South Dakota were Latinos working in the supposedly “essential” meat packing industry under conditions that clearly violated best health practices. The Governor claims that the plant would have remained open even under a “Stay at Home” order. Now, however, workers are sick and all those plants are closed anyway. The worst possible result. So, we’ll see how “essential” they really were. Perhaps if everybody had stayed home, the disease wouldn’t have spread and the plants could have reopened on a more limited basis with proper social distancing and protective equipment. And, if workers are really “essential,” why aren’t we looking out for their health, safety, and income protection?

Internationally, world leaders have long ago learned that Trump is incapable of leadership and that under him the U.S. is no longer a trustworthy or reliable partner. Nothing in Trump’s inept handling of the Pandemic in the U.S., his pathetic attempts to shift the blame elsewhere, and his incredibly stupid decision to stop funding the WHO would convince them otherwise. 

Sure, like the drunken bully/oaf in the bar, the “Trumped-up U.S.” throws its weight around in unpredictable ways and is too big to be ignored or easily removed from the premises. So, world leaders have figured out how to move on without the U.S. and hope to largely avoid the irrational acts of petty vengeance and retribution for which he is famous. 

Not a pretty picture. But, it will be even worse if we don’t remove Trump and the GOP from power in November.

Dana Milbank had a “spot on” assessment of “Captain Clown” 🤡 in today’s Post:

. . . .

Like Bligh, he is abusive. Unlike Bligh, he is a poor navigator. The Trump-as-errant-captain theme has been explored, delightfully, by novelist Dave Eggers in his recent allegory, “The Captain and the Glory”:

“He nudged the wheel a bit left, and the entire ship listed leftward, which was both frightening and thrilling. He turned the wheel to the right, and the totality of the ship, and its uncountable passengers and their possessions, all were sent rightward. In the cafeteria, where the passengers were eating lunch, a thousand plates and glasses shattered. An elderly man was thrown from his chair, struck his head on the dessert cart and died later that night. High above, the Captain was elated by the riveting drama caused by the surprises of his steering.”

So it is with our captain, who claims absolute authority but takes no responsibility. He announces he’s cutting off funding to the World Health Organization in the middle of the pandemic. He condemns the WHO for praising China’s transparency, even though he said in January he “greatly appreciates [China’s] efforts and transparency.” His conflicting messages about reopening the economy throw the country into confusion. He assembles so many coronavirus task forces that he will need another to keep track of them all. And after his long delayed and botched virus response, even now the number of tests in U.S. commercial labs is falling.

At Wednesday evening’s session, Trump turned the tiller randomly. After proclaiming the United States has “passed the peak” of the virus, he swerved into complaints about “partisan obstruction” holding up his nominees and threatened the never-before-tested “constitutional authority to adjourn both houses of Congress,” which would provoke another crisis in the middle of the pandemic.

He veered into complaints about the “disgusting”Voice of Americaand the “impeachment hoax.”He lurched into attacks on the World Trade Organization , various Democrats and governors generally, asserting that “we have the right to do whatever we want.”He accused the WHO of a conspiracy to hide the virusand boasted about his name going on government-issued relief checks: “People will be very happy to get a big fat beautiful check, and my name is on it.”

The ship has become accustomed to such unpredictable steering: He touts a virus treatment that so far shows more alarming side effects than efficacy. He announces virus-testing schemes that don’t exist. He talks about pardoning Joe Exotic. He blames everybody except his own administration, which is doing things very, very strongly and powerfully. “The Defense Production Act was used very powerfully, more powerfully than anybody would know, in fact, so powerfully that, for the most part, we didn’t have to officially take it out,” he proclaims.

[[The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.]]

As the captain propounds powerful gibberish, the mutiny builds. Regional blocs make their own pandemic-recovery plans. Allies condemn his assault on the WHO. Republican Sen. Susan Collins (Maine) tells Politico that Trump has been “very uneven.” Even Trump-friendly outlets such as Fox News and the Wall Street Journal editorial page offer some criticism.

“WSJ is Fake News!” shouts the captain.

“What the hell is happening to @FoxNews?”

What’s happening, captain, is you’ve hit the rocks.

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

Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

Read Dana’s full op-ed here:

https://www.washingtonpost.com/opinions/captain-trump-hits-the-rocks/2020/04/15/e7643c32-7f57-11ea-9040-68981f488eed_story.html

End the Clown Show! 🤡🤡  This November, vote like your life depends on it! Because it does!

PWS

04-17-20

   

US EXPORTS CORONAVIRUS TO GUATEMALA — Trump Regime Doubles Down on Failed Deportation Policies With Predictably Deadly Results!

Patrick J. McDonnell
Patrick J. McDonnell
Mexico City Bureau Chief
LA Times
Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Cindy Carcamo
Cindy Carcamo
Immigration Reporter
LA Times

 

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=b6dd1a0e-d915-4eca-b571-2200996d1e04&v=sdk

Patrick J. McDonnell, Molly O’Toole and Cindy Carcamo report for the LA Times:

MEXICO CITY — More than half the deportees flown back to Guatemala by U.S. immigration authorities have tested positive for coronavirus, the top Guatemalan health official said Tuesday.

Speaking to reporters in Guatemala City, Hugo Monroy, the minister of health, did not specify a time frame or the total number of deportees who had arrived home with infections.

But hundreds of Guatemalans have been returned in recent weeks, including 182 who arrived Monday on two flights from Texas.

Monroy said that on one flight — which he declined to identify — more than 75% of the deportees tested positive.

But he made clear this was not an isolated incident and said many deportees arrived with fevers and coughs and were immediately tested.

“We’re not just talking about one flight,” he said. “We’re talking about all the flights.”

In video later released by the government, Monroy contradicted his earlier statements and said he was referring to just one flight.

The Guatemalan Foreign Ministry said through a spokesman Tuesday that the “official” number of deportees diagnosed with COVID-19 is four, including one who arrived on one of the flights Monday.

A high number of infections among deportees would cast doubt on the official tally of how many of the more than 33,000 migrants in U.S. detention are infected. U.S. immigration officials have said that 77 have tested positive, noting that some of those may no longer be in custody.

The U.S. Department of Homeland Security did not respond to requests for comment.

. . . .

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

Read the rest of the article at the link.

For four decades, the U.S. has been deporting its problems to the poorest and most unstable countries in Central America. Gangs such as MS-13 and the 18th Street Gang actually originated in Los Angeles and were “exported” to Central America. Once there, they flourished, grew more powerful, became “de facto governments” in some areas, and instituted a reign of terror and persecution that sent hundreds of thousands of new refugees fleeing north to the United States over the years.

Now, Trump and his cronies once again believe that often illegal and irresponsible deportations to the Northern Triangle countries will allow us to escape accountability. But, it won’t. 

Irresponsibly spreading disease in poor countries where public health services are dismal at best will eventually have consequences throughout the Americas. And, we will not be immune from the long-term effects of empowering the Trump kakistocracy and its White Nationalist cronies. What goes around come around. Neither wealth nor arrogant ignorance will save us from paying a price for our lack of concern for humanity.

Due Process Forever! Malicious Incompetence Never!

PWS

04-15-20   

“GOVERNMENT EXECUTIVE” SPOTLIGHTS EOIR HQ’s CORONAVIRUS “PLAN” — “[C]lose your eyes and cross your fingers”** 🤡☠️🤡☠️🤡☠️🤡

** Quote from a member of the Round Table of Retired Immigration Judges

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Erich Wagner
Erich Wagner
Staff Writer
Government Executive

https://www.govexec.com/management/2020/04/immigration-review-office-remains-open-despite-potential-covid-19-exposure/164584/

Erich Wagner reports for Government Executive:

Immigration Review Office Remains Open Despite Potential COVID-19 Exposure

Most support staff at the Executive Office of Immigration Review in Falls Church, Va., remain unable to telework even after two floors had to be deep cleaned after an employee exhibited coronavirus symptoms at work last week.

ERICH WAGNER | APRIL 13, 2020 05:29 PM ET

The agency responsible for conducting removal proceedings in immigration courts still is not providing telework for many of its employees, even after an employee exhibited coronavirus symptoms at work.

On April 8, an employee on the 20th floor of the Executive Office of Immigration Review’s office in Falls Church, Va., which the agency shares with the Social Security Administration, had symptoms consistent with COVID-19, although the employee has not been tested for the virus.

As a result, employees on that floor and the 21st and 22nd floors were temporarily sent home on weather and safety leave until contractors could conduct a deep cleaning. The 21st and 22nd floor employees returned to work Friday, while the 20th floor reopened on Monday, except to those who came in contact with the employee, who are now undergoing a 14-day quarantine.

“I want to advise you that an EOIR employee working on the 20th floor of the Skyline Tower Building has displayed symptoms of COVID-19,” wrote Executive Office of Immigration Review Director James McHenry in an email to employees last week. “The employee is now self-quarantined for two weeks and all persons identified as close contacts have been advised of their interaction with the symptomatic employee. We are conducting an enhanced cleaning of the 20th and 21st floors and the building’s common areas in compliance with [Centers for Disease Control and Prevention] guidelines.  The CDC guidance does not indicate that any additional EOIR spaces would require cleaning.”

An agency employee, who requested anonymity out of fear of reprisal, said that employees on the 17th floor were told that if they were uncomfortable continuing to work in the office, they would have to take personal leave. And they said that while the attorneys and paralegals may work remotely, the agency still is not allowing most support staff and clerks to telework, citing a lack of laptops.

“Unlike at the immigration judge level, we’re still fully operational,” the employee said. “There’s been no change, no modification to the way we’re operating. We’re 100% fully staffed and we have attorneys, paralegals and support staff.”

The office remains open despite guidance from the Office of Personnel Management and the Office of Management and Budget urging agencies to “maximize telework” for employees wherever possible. Additionally, Deputy Attorney General Jeffrey Rosen and Assistant Attorney General for Administration Lee Lofthus directed Justice Department components to “move to a posture of maximum telework” in the Washington, D.C., region beginning March 16.

“Components should exploit all flexibilities in their telework policies, including adjusting duties and work to expand availability of telework to employees whose duties did not previously support telework, and even if the employee would only have enough duties to telework for part of a work day,” Lofthus wrote.

The EOIR employee said the agency has been resistant to implementing a continuity of operations plan that would prioritize detainee cases over non-detainee cases, as immigration courts have done to reduce the time needed to be in the office, and said they fear the agency is more concerned with “keeping up production numbers” than employees’ well-being.

“Why can’t we go into COOP status to minimize staff in the office?” the employee said. “We could go into only working detained cases, just like the courts, and we wouldn’t need as many staff. And with a smaller docket, maybe we could introduce rotations or stagger shifts. Right now the only option to stagger shifts is allowing some employees to work from 6 a.m. until 3 and then someone else could work later.”

The employee noted that, by comparison, when there was a positive coronavirus case among the Social Security Administration’s employees in the building, the agency completely evacuated the office, and employees have not returned since.

“Why did we come back to work so much faster [than Social Security]?” they asked. “SSA had one incident and they’re on 17 different floors, and they haven’t been back.”

The agency did not respond to a request for comment.

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

Interestingly, in past “Government shutdowns,” most EOIR HQ personnel were deemed “nonessential” and told to say home. Now, with a true emergency that could affect employee health and safety, and with the Immigration Courts’ “non-detained docket” — more than 95% of the EOIR workload — shut down, it becomes necessary to drag HQ staff in. To do what? Exactly what “essential services” are being performed that justify risking the health and safety of employees, their families, and their communities? 

But, I suppose it’s no surprise that an agency sitting on a largely self-created backlog of 1.4 million cases, with no plausible plan for dealing with it, would essentially tell its own employees to “show up and hope for the best.”

PWS

04-14-20

TIME TO RECOGNIZE THE TRUTH: UNDOCUMENTED RESIDENTS ARE KEY TO OUR SOCIETY, OUR RECOVERY, & OUR FUTURE — They Must Be Included In Coronavirus Relief, Says León Krauze @ WashPost:  “Undocumented immigrants are productive members of society who deserve all the care afforded to others.“

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://www.washingtonpost.com/opinions/2020/04/13/undocumented-immigrants-essential-us-economy-deserve-federal-help-too/

Krauze writes in the WashPost:

The novel coronavirus has been particularly harsh on immigrants. After facing years of harassment and persecution from the Trump administration, the 11 million undocumented immigrants living in the United States have now been left unprotected, unable to receive aid from the government’s historic stimulus package, even though they pay billions of dollars in taxes every year

Local and state officials, especially those in immigrant-friendly states such as California, are scrambling to find a way to help their undocumented communities, but it might not be enough. Without appropriate federal support, prompt access to more effective unemployment benefits or paid sick leave for those in need, many communities could be devastated. Left with the agonizing decision of going to work in the midst of a pandemic that requires strict limits on public movement or see their livelihood disappear, many undocumented people are already risking their health.

[Full coverage of the coronavirus pandemic]

This is a travesty. Undocumented immigrants are productive members of society who deserve all the care afforded to others.Even this administration has deemed workers who harvest and process the country’s food supply as essential, asking them to keep their “normal work schedule” during the crisis. “It’s like suddenly they realized we are here contributing,” Nancy Silva, an immigrant from Mexico who works in the fields of Southern California, told the New York Times. “Contributing” is an understatement. The immigrant workforce is critical for a significant number of industries in the United States.

In June, I interviewed John Rosenow, a Wisconsin dairy farmer who has relied on Mexican immigrants for years. “Our industry doesn’t exist without immigrant labor,” he told me. “Eighty percent of the milk in Wisconsin is harvested by immigrants. If you took the immigrants away, way over half of the farms would go out of business.” Wisconsin’s dairy industry is not alone in its dependence on immigrant labor. Indeed, almost 20 percent of food processing workers and more than 36 percent of agricultural workers are undocumented. The health-care industry relies heavily on immigrants as well,as do the country’s construction and service businesses.

. . . .

Martínez worries that a protracted economic crisis could worsen the nativist backlash against immigration. “If things continue this way,” he said, “we could see further restrictions on work or entrepreneur visas, no matter the obvious contributions we all make to the economy.”

The United States will be worse for it, both morally and economically.

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

Read the complete op-ed at the link.

The well-being of the United States as a whole has never been a part of the Trump agenda. Nor is it for the White Nationalist restrictionists who promote his immigration agenda. Their agenda is based largely on racist myths and preconceived false narratives about the dangers of the “other.” 

But, in any emergency creating an economic downturn there will be a race to find “scapegoats.” Indeed, essentially “caught red-handed and in full view in failure,” Trump is desperately looking to shift the blame elsewhere for his Administration’s poor initial response and lack of planning. “With great power comes no responsibility” could be his motto. 

The nativists are already toting out their shopworn arguments that the pandemic should be an excuse and justification for yet harsher and more restrictive immigration measures. The rest of us need to fight back against their counterproductive nonsense.

PWS

04-14-20

“BEYOND REASONABLE DOUBT” —  Michael Gerson @ WashPost Says Evidence Proves Trump’s “Deadly Negligence” In Face of Pandemic!

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/04/13/trumps-deadly-negligence-is-now-demonstrated-beyond-reasonable-doubt/

Michael Gerson writes in the WashPost:

Those who complain about the media’s relentless focus on President Trump during a pandemic have yet to internalize the horrendous reality of his pandemic response: Trump’s failures of leadership and character have increased the death toll and continue to threaten lives.

For me, that is a difficult sentence to write. Having spent time in the executive branch, I realize how complicated presidential decisions can be. America’s chief executives are often forced to make momentous choices, based on scant information, under the pressure of a ticking clock. It is easier to attack such decisions than to make them.

But the fact of Trump’s deadly negligence is now demonstrated beyond reasonable doubt. Detailed investigative articles in The Post and New York Times have established that there were six weeks of denial and dithering between a credible warning about the virus and decisive action by the president. It is now evident that Trump:

• ignored early intelligence reports of a possible pandemic;
• delayed the ramp up of practical preparations;
• was often more focused on political considerations, on the news cycle and on stock market performance than on epidemiological reality;
• deceptively played down what he knew to be a rising threat;
• coddled China when it should have been confronted;
• instinctively distrusted experts and seemed unable to absorb simple information and sound advice;
• lashed out at aides who took the crisis seriously;
• shifted reluctantly and belatedly from a strategy of containment to mitigation;
• is strangely obsessed with unproven treatments for the novel coronavirus; and
• has systemically lied about the promptness of his own response.

These accounts reveal a White House staffed by incompetent loyalists, distracted by turnover and riven by feuds. A White House carefully pruned and shaped to resemble the chaos in Trump’s mind.

[Full coverage of the coronavirus pandemic]

I urge you to read the articles themselves. In this case, it is a duty of informed citizenship. Americans need to understand the epic smallness of our president in times that demanded something more.

The tension between National Institute of Allergy and Infectious Diseases director Anthony S. Fauci and President Trump has been simmering for weeks. (Monica Akhtar/The Washington Post)

All this is bad enough. But our interest, unfortunately, should not be merely forensic. Trump draws bitterness and resentment out of his experience of the world. He does not draw lessons or wisdom. And he remains just as dangerous to public health on the back side of the curve as he was on the front.

. . . .

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

Read the complete op-ed at the link.

“Deadly negligence,” “ malicious incompetence,” “criminal recklessness” — call it what you will, there is more than ample proof that Trump is unqualified in every imaginable way for the office he holds.

Of course, Trump will remain a danger to our national health, safety, and welfare. He has neither the capacity for nor interest in anything beyond himself.

PWS

04-14-20