THE GIBSON REPORT — 09-12-22 — Compiled By Elizabeth Gibson, Managing Attorney. NIJC — How Bogus Are CBP “Apprehension Stats?”

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

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Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICE UPDATES

 

USCIS Releases Revised Editions of Forms I-589 and I-765

USCIS: USCIS released the revised editions of Form I-589 and Form I-765 in compliance with the Asylumworks decision. Effective Nov. 7, 2022, USCIS will only accept the 07/26/22 editions of the Form I-589 and Form I-765. Until then, you can submit either the new editions, or the previous editions of Form I-589 (dated 08/25/20) and Form I-765 (dated 05/31/22 and 08/25/20).

 

NEWS

 

Texas Says 10,000 Migrants Have Been Bused to Democratic Cities

Bloomberg: Abbott said Friday that the state has bused more than 7,900 people to Washington in the past five months, sent 2,200 to New York and 300 to Chicago. See also Inside Migrants’ Journeys on Greg Abbott’s Free Buses to Washington; Attack on asylum seeker in New York sparks outrage over conditions. (If you’re curious how conservative media is playing this: Chicago mayor accused of ‘hypocrisy’ for sending migrants to GOP suburb.)

 

Most Border Patrol Apprehensions are for Repeat Crossers, But Agency Data Doesn’t Yet Provide the Full Picture

TRAC:  Using detailed government records, TRAC found that the percent of Border Patrol (BP) apprehensions that comprise repeat border crossers did not significantly increase when, under Title 42 , illegal border crossers were not penalized or sanctioned before they were expelled. This finding, based on data obtained from the Border Patrol by the Transactional Records Access Clearinghouse at Syracuse University, is contrary to agency contentions and arguments by policy analysts that immediate expulsions without applying meaningful sanctions such as criminal prosecution to repeat crossers encourages illegal reentry attempts.

 

Republicans and Democrats have different top priorities for U.S. immigration policy

Pew: Republicans place particular importance on border security and deportations of immigrants who are in the country illegally, while Democrats place greater importance on paths to legal status for those who entered the country illegally – especially those who entered as children, according to a new Pew Research Center survey.

 

DHS unwinds Trump-era ‘public charge’ rule for immigrants

Politico: The new law unravels the Trump-era public-charge rule, under which immigrants could be denied permanent resident status if they had received or were expected to receive food assistance, Medicaid, housing assistance, or other public benefits. The Biden administration in stopped enforcing that regulation in March 2021.

 

ICE violated federal law by holding migrant teens in adult custody

Sentinel: Following a ruling that transferring migrant kids to adult detention centers just as they turned age 18 was illegal, a federal judge approved a settlement in a 2018 lawsuit this week.

 

‘Scary and chilling’: AI surveillance takes U.S. prisons by storm

Reuters: Beginning in 2019, Suffolk County was an early pilot site for the Verus AI-scanning system sold by California-based LEO Technologies, which uses Amazon speech-to-text technology to transcribe phone calls flagged by key word searches… Suffolk County is among dozens of county jails and state prisons in seven U.S. states including major metro areas such as Houston, Texas, and Birmingham, Alabama, that LEO says have so far implemented the Verus system to monitor inmates’ calls.

 

Deported veterans who returned to US face uncertain futures

RollCall: A Biden administration initiative brought them back to America under a temporary immigration status that expires after a year.

 

USCIS Has Used Nearly All Available Employment-Based Immigrant Visas for FY2022

JDSupra: This is a significant accomplishment for the agency because it approved approximately twice the annual allocation of employment-based immigrant visas in fiscal year 2022 (FY22).

 

LITIGATION & AGENCY UPDATES

 

3rd Circ. Tosses Salvadoran Man’s Deportation Review Bid

Law360: A Salvadoran man convicted of marijuana possession cannot overcome removal requirements of the Nicaraguan Adjustment and Central American Relief Act through a waiver found in a 1952 immigration law, the Third Circuit ruled Friday, denying his petition for review of a deportation order.

 

5th Circ. Says Guatemalan’s Stepkids Can’t Stop Deportation

Law360: The Fifth Circuit on Friday rejected a Guatemalan man’s bid to cancel his deportation on the basis that it would cause his stepchildren extreme hardship, saying he didn’t provide evidence strong enough to prove they were U.S. citizens.

 

9th Circ. Says High Court Ruling Limits Detainee Bond

Law360: The Ninth Circuit ruled Thursday that immigrants challenging deportation orders from mandatory detention aren’t entitled to bond hearings while the federal courts review the orders, citing a recent high court ruling at odds with a prior circuit decision allowing bond.

 

Final Settlement Approved In Lawsuit On Unlawful Detention Of Unaccompanied Youth

NIJC: A federal court approved a settlement agreement on September 7 in a lawsuit challenging the unlawful detention of unaccompanied children who turn 18 in U.S. government custody and are transferred to Immigration and Customs Enforcement (ICE) detention facilities.

 

Immigration Judges Say the FLRA Made Up Rules to Decertify Union

GovExec: In its appeal in federal circuit court, the National Association of Immigration Judges accused the Federal Labor Relations Authority’s then-Republican majority of already deciding to decertify the union before considering arguments in the case.

 

Final Rule: Public Charge Ground of Inadmissibility

DHS: The rule restores the historical understanding of a ‘public charge’ that had been in place for decades, until the prior Administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination.

 

DHS Notice of Extension of Venezuela for TPS

AILA: DHS notice extending the designation of Venezuela for TPS for 18 months, from 9/10/22 through 3/10/24. The 60-day re-registration period for existing TPS beneficiaries runs from 9/8/22 through 11/7/22. (87 FR 55024, 9/8/22)

 

EOIR Memo: Credible Fear and Asylum Procedures

EOIR: This memorandum summarizes certain key provisions of the interim final rule and provides guidance on the new streamlined removal proceedings.

 

EOIR to Relocate Arlington Immigration Court, EOIR to Open Sterling Immigration Court

EOIR: The Arlington Immigration Court will end normal operations at noon on October 6, 2022, to prepare for the court’s relocation to Annandale.

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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Sure looks like CBP is “apprehending” the same individuals multiple times. Also, many of these  so-called “apprehensions” want to be “caught” because it’s the only possible way of getting the chance to apply for asylum that our law guarantees, but fails to provide in practice. That’s because ports of entry are still “closed” under bogus Title 42 restrictions. So, the overhyped “border apprehensions” appear, to a significant extent, to be “smoke and mirrors.”

It’s really not surprising that “sanctions” apparently don’t deter unlawful entries. That’s because 1) the vast majority of unlawful entrants aren’t “criminals” in any normal sense of the word except in the mind of  White Nationalist xenophobes, 2) many are just trying to get the Government to follow the law and let them apply for asylum, or other legal protections, and 3) even those without credible claims for protection are, for the most part, at worst, just coming here to work at jobs that U.S. workers don’t want.

Jeff Session’s racist “zero tolerance program” of useless border prosecutions violated the Constitution by intentionally separating families, cost the Government millions, ruined lives, squandered prosecutorial resources that should have been spent on real crime, and accomplished absolutely nothing positive. Yet, Sessions, his neo-Nazi henchman Stephen Miller, and the government sycophants (including unethical DOJ lawyers) who carried out this travesty remain free and will never be held accountable.

Somehow, GOP nativists have gotten away with turning the self-created border “crisis” upside down. If we cut through their smokescreen, we see that the Government actually is the “law breaker” and many of the “forced irregular entrants” actually are trying to comply with the law! Not to mention that the USG has failed to establish viable refugee programs to process Western Hemisphere refugees before they come to our borders. Pretty kafkaesque! 

Also, the effort by unqualified right-wing Federal “Judges” and neo-fascist GOP state AG’s to close the border to legal asylum seekers is a national disgrace that seems to be “below the radar screen.” Gotta hope that history “toasts” these corrupt, ignorant, and immoral public officials even if there is little interest in holding them accountable in “real time.”

But, somehow, even the so-called “mainstream media” hypes the wrong story!

🇺🇸Due Process Forever!

PWS

09-14-22

☠️ MORE THAN 40 MIGRANTS DEAD IN TEXAS TRAGEDY!

Arelis Hernandez and Nick Miroff report for WashPost:

https://www.washingtonpost.com/nation/2022/06/27/migrants-dead-texas/

SAN ANTONIO — At least 40 migrants were found dead in the back of a tractor-trailer in San Antonio Monday, according to two federal law enforcement officials briefed on the horrific finding.

Rescuers pulled at least 15 others from the vehicle and they were taken for medical treatment, said one of the officials, who spoke on the condition of anonymity to provide preliminary information.

The truck was found by agents from Homeland Security Investigations, a branch of U.S. Immigration and Customs Enforcement that specializes in human trafficking cases, one of the officials said. HSI agents are leading the investigation.

. . . .

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Developing story.  Read the complete version at the above link.

PWS

06-27-22

⚖️MAYORKAS ISSUES NEW PD GUIDELINES, EMPHASIZING SECURITY, SAFETY, PROFESSIONALISM, COMMON SENSE, FOCUSED USE OF RESOURCES!

S.pdfept. 30, 21 Enforcement Guidelines

Secretary Mayorkas Announces New Immigration Enforcement Priorities | Homeland Security

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The emphasis on “border security” would make more sense if the Administration had restored the legal process for applying for asylum at ports of entry. Without such a process, how are individuals’ supposed to exercise their legal rights under domestic and international law to seek protection in the U.S.?

Expect these guidelines to be quickly challenged in Federal Courts by nativist GOP AGs. We’ll see how they fare!

🇺🇸Due Process Forever!

PWS

11-30-21

🤮👎🏻KAKISTOCRACY REPORT: Racist, Misogynist Regime Fires, Disciplines CBP Agents For — Racism & Misogyny — Hmmm, Why Is It Not Surprising That A Culture Of Racism & Misogyny Flourishes In An Administration Where Trump, Miller, Sessions, & Other Officials Have Glorified & Promoted Both?

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times

Molly O’Toole reports for the LA Times:

https://www.latimes.com/politics/story/2020-07-16/border-patrol-fired-for-secret-facebook-group-with-violent-sexist-posts

By MOLLY O’TOOLESTAFF WRITER

JULY 16, 202012:35 PM UPDATED3:35 PM

WASHINGTON —  The largest federal law enforcement agency has fired four employees for their participation in secretive social media groups that have featured violent, sexist and racist posts against migrants and members of Congress, the Los Angeles Times has learned.

More than a year after launching an internal investigation into 138 employees for “inappropriate social media activity,” Customs and Border Protection — the parent agency of the Border Patrol — has removed four employees, suspended 38 without pay and disciplined an additional 27 “with reprimands or counseling,” according to data provided to The Times by the agency.

Investigators from Customs and Border Protection‘s Office of Professional Responsibility determined that 63 of the cases — roughly half — were “unsubstantiated.” Six cases remain open, and the Homeland Security Department‘s inspector general is also investigating.

Last July, the office began looking into more than 60 current employees and eight former staff following reports of a secret Facebook group in which members used dehumanizing and derogatory language regarding Latina members of Congress and deceased migrants.

The existence of the group, known as “I’m 10-15,” the code used by Border Patrol for migrants in custody, was first reported by ProPublica, and at one point had 9,500 members. The group’s vulgar posts included an illustration of Democratic New York Rep. Alexandria Ocasio-Cortez being sexually assaulted by President Trump and others that mocked migrants who drowned in the Rio Grande.

Ocasio-Ortez did not immediately provide comment.

The probe, which is not criminal, ultimately doubled the number of individuals under investigation, and included several additional private social media groups.

Most of the cases deemed unsubstantiated involved personnel who reported themselves or others as part of the groups and provided information to investigators, but whose history showed they’d never posted or been active in them, an agency spokesperson said Thursday, declining to be named.

Rep. Veronica Escobar (D-Texas), who said on Twitter she was “one of the Latina members of Congress targeted by the hateful attacks,” but had not received information about the investigation from Customs and Border Protection, added that the investigation should include why the posts weren’t reported by the group’s members.

“This secret FB page mocked the deaths of migrants,” Escobar said, “vulnerable people dehumanized by a broken system.”

. . . .

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Read the rest of Molly’s story at the link.

“[V]ulnerable people dehumanized by a broken system.” Just say no to the racist kakistocracy and its enablers (a/k/a “normalizers”)!

This is not, and never has been, a “normal” Administration. Those who have insisted on disingenuously treating it as such, thereby covering up the obvious racism and other unconstitutional behavior, are a huge part of why our democracy and our national health and welfare are on the ropes. 

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

PWS

7-15-20

🏴‍☠️☠️🤮TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

https://lawprofessors.typepad.com/immigration/2020/06/gao-says-customs-and-border-protection-spent-migrant-medical-funds-on-dirt-bikes.html

Friday, June 12, 2020

GAO Says Customs and Border Protection Spent Migrant Medical Funds on Dirt Bikes

By Immigration Prof

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McCord Pagan for Law360 reports that U.S. Customs and Border Protection (CBP) violated the law by taking funds designated by Congress for consumables and medical care for migrants and instead used some of the money for its canine program, dirt bikes and upgrades to its computer system, according to the U.S. Government Accountability Office (GAO).

While CBP spent some of the designated funds on baby products, food, defibrillators, and masks, CBP violated the law by spending certain funds meant for such migrant care on canines, boats, dirt bikes, ATVs, a vaccine program for its employees, and upgrades to its computer network, sewer system, as well as janitorial services, according to the GAO report.

The 2019 law providing supplemental funds to CBP to help address a surge of migrants crossing the U.S.-Mexico border designated about $112 million to CBP for “consumables and medical care.”

“We conclude that CBP violated the purpose statute when it obligated amounts expressly appropriated for consumables and medical care and establishing and operating migrant care and processing facilities for other purposes,” according to the GAO opinion. The Congressional watchdog is conducting an audit of CBP and the U.S. Department of Homeland Security on the care of the adults and children in its custody, it said.

In response to GAO’s findings, a CBP spokesperson sent Law360 a statement calling the violations “technical in nature” and said it will take prompt remedial action.

Nick Miroff for the Washington Post also reports on the story.

KJ

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Thursday, June 11, 2020

District Court Halts ICE Enforcement Operations at New York Courthouses

By Immigration Prof

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U.S. District Judge Jed S. Rakoff

For several years, the Chief Justice of California has sought to keep Immigration and Customs Enforcement (ICE) away from the California courts.  Last year, a federal judge in Massachusetts blocked ICE courthouse arrests there.

CNN reports the latest skirmish between the state courts and federal immigration enforcement.

U.S. District Judge Jed S. Rakoff issued an order yesterday blocking ICE from making arrests in New York courts, finding that the practice is illegal.  The introductory paragraph of his ruling reads as follows:

 

“Recent events confirm the need for freely and fully functioning state courts, not least in the State of New York. But it is one thing for the state courts to try to deal with the impediments brought on by a pandemic, and quite another for them to have to grapple with disruptions and intimidations artificially imposed by an agency of the federal government in violation of long-standing privileges and fundamental principles of federalism and of separation of powers.”

 

State and local officials argue that when ICE officers apprehends immigrants at courthouses — where they are making appearances as defendants, witnesses or victims — it endangers public safety by making it harder to prosecute crimes.

 

ICE has defended the arrests, saying apprehending people in controlled settings is safer than arresting them on the streets.

 

KJ

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Baby jails, stealing from kids, interfering with the administration of justice. Just another day in the Disunited Kakistocracy of Trump.

These situations result in part from a feckless Congress led by Mitch and a failed Supremes led by Roberts who won’t stand up for our Constitutional rights and restrain an obviously corrupt and lawless Executive with a racist agenda.

It’s no surprise that much of Trump’s wrongdoing is exposed by the Government’s own ”watchdogs.” Unlike GAO, which works for Congress, those in the Executive Branch often are then unethically fired by Trump as Congress and the Supremes fail to stand up for honesty in Government. Worse yet, they fail to protect public employees who courageously expose corruption.

And, the high ranking legislators and judges who have watched and enabled Trump’s scurrilous attacks on our Constitution and human values ultimately bear much of the responsibility! As my friend Ira Kurzban would say, “this is not normal.” “Normalizing” and “enabling” illegal, unethical, and racist-driven behavior is obscene. If “watchdogs” and U.S. District Court Judges can speak out against lawless actions and corruption, how is it that Mitch, Roberts, and the rest of the GOP have “swallowed the whistle?”

PWS

06-12-20

06-12-20

NATION WITHOUT LAWS: With The Supremes’ “J.R. Five” Firmly In His Pocket, Trump Suspends The Constitution, The Rule Of Law, & International Treaties To “Orbit” Asylum Seekers To Who Knows Where! — Contempt For Humanity On Full Display During Time of Plague!

Nick Miroff
Nick Miroff
Reporter, Washington Post

https://www.washingtonpost.com/national/trump-administration-has-expelled-10000-migrants-at-the-border-during-coronavirus-outbreak/2020/04/09/b177c534-7a7b-11ea-8cec-530b4044a458_story.html

Nick Miroff reports for the WashPost:

The Trump administration has carried out nearly 10,000 summary deportations or “expulsions” since March 21, using emergency public health measures that have given U.S. Customs and Border Protection broad authority to bypass immigration laws, CBP officials said Thursday.

The measures have allowed the agency to quickly turn away most unauthorized migrants —  sending them back across the Mexican border. The moves have dramatically slashed the number of detainees held in border stations, where they fear the coronavirus could spread, the officials said. CBP currently has fewer than 100 detainees in custody, down from nearly 20,000 at this time last year during last year’s border crisis, officials said.

[[Under coronavirus immigration measures, U.S. is expelling border-crossers to Mexico in an average of 96 minutes]]

Since the implementation of the rapid expulsions, unlawful border crossings have dropped 56 percent, said acting CBP commissioner Mark Morgan. Morgan also acknowledged that the United States has all but closed its borders to asylum seekers who are fleeing persecution, including those who attempt to enter legally at U.S. ports of entry.

“Those who are undocumented or don’t have documents or authorization are turned away,” Morgan said.

Democratic lawmakers have accused the administration of defying U.S. laws and exceeding the authority of the coronavirus public health order, but Morgan defended the emergency measures as a necessary step to stop the spread of the disease.

“This is not about immigration,” Morgan said. “This is about public health. This is about putting forth aggressive mitigation and containment strategies.”

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

CBP said the number of migrants detained at the border fell to 33,937 in March, down 7 percent from February. Single adults from Mexico accounted for 70 percent to 75 percent of those taken into custody, and most of the remainder were from Central America’s Northern Triangle countries: Guatemala, El Salvador and Honduras.

The Mexican government has agreed to accept the rapid return of migrants from those nations at the border under an agreement reached with the Trump administration last month.

The recent expulsions include children who would otherwise be protected from rapid removal by U.S. anti-trafficking laws. Since the emergency order took effect, the United States has expelled nearly 400 underage migrants, according to the most recent tally by the Reuters news agency. The minors were released into Mexico or boarded onto planes and flown back to Central America without being transferred to the care of the U.S. Department of Health and Human Services.

. . . .

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

It’s going to take more than a letter from Sen. Pat Leahy (D-VT) and other Dems to restore the Constitution and the rule of law. Indeed, with the help of J.R. and his Trumpist GOP majority on the Supremes, I would expect that asylum laws, like voting rights, Due Process, and other individual rights will remain a “dead letter” until we get both 1) regime change; and 2) reform in the appointment of Article III Judges.

There is little, if any, data right now to support the view that asylum seekers at the Southern Border have been a significant source for the initial spread of coronavirus in the U.S.; however, their arbitrary removal to other countries might have helped the worldwide spread of the disease.

Moreover, as COVID-19 spreads into the Gulag and the Immigration Courts from the rest of America, infections in those locations could help spread the virus, given the lawyers, Government employees, and contractors exposed at those dangerous locations. Nor were Asian Americans responsible.

We do, however, have some data to show that U.S. citizens and other travelers returning from Europe were inadvertently a source of the virus’s spread in New York, and that Trump’s ineptness and failure to heed early warnings contributed to the spread. 

https://www.nytimes.com/2020/04/08/science/new-york-coronavirus-cases-europe-genomes.html?referringSource=articleShare

But, science and truth seldom have any meaning for Trump and his toadies. And, we also know that while Trump often falsely claims “victories” that are either fabricated or largely someone’s else’s, he never takes responsibility for his own many mistakes and shortcomings.

PWS

04-09-20

DARA LIND @ PRO PUBLICA: Trump & His White Nationalists Always Hated Asylum Laws — Now With CBP’s Help, They Have Simply Decided To Repeal Them By Memo — No Real Pushback From Broken Legal System & Feckless Congress!

Dara Lind
Dara Lind
Immigration Reporter
Pro Publica

https://www.propublica.org/article/leaked-border-patrol-memo-tells-agents-to-send-migrants-back-immediately-ignoring-asylum-law

Dara writes in Pro Publica:

Citing little-known power given to the CDC to ban entry of people who might spread disease and ignoring the Refugee Act of 1980, an internal memo has ordered Border Patrol agents to push the overwhelming majority of migrants back into Mexico.

For the first time since the enactment of the Refugee Act in 1980, people who come to the U.S. saying they fear persecution in their home countries are being turned away by Border Patrol agents with no chance to make a legal case for asylum.

The shift, confirmed in internal Border Patrol guidance obtained by ProPublica, is the upshot of the Trump administration’s hasty emergency action to largely shut down the U.S.-Mexico border over coronavirus fears. It’s the biggest step the administration has taken to limit humanitarian protection for people entering the U.S. without papers.

The Trump administration has created numerous obstacles over recent years for migrants to claim asylum and stay in the United States. But it had not — until now — allowed Border Patrol agents to simply expel migrants with no process whatsoever for hearing their claims.

The administration gave the Border Patrol unchallengeable authority over migrants seeking asylum by invoking a little-known power given to the Centers for Disease Control and Prevention, the U.S. public health agency, to ban the entry of people or things that might spread “infectious disease” in the U.S. The CDC on March 20 barred entry of people without proper documentation, on the logic that they could be unexamined carriers of the disease and out of concern about the effects if the novel coronavirus swept through Customs and Border Protection holding facilities.

U.S. immigration law requires the government to allow people expressing a “well-founded” fear of persecution or torture to be allowed to pursue legal status in the United States. The law also requires the government to grant status to anyone who shows they likely face persecution if returned to their homeland.

“The Trump administration’s new rule and CDC order do not trump U.S. laws passed by Congress and U.S. legal obligations under refugee and human rights treaties,” Eleanor Acer, of the legal advocacy group Human Rights First, told ProPublica. “But the Trump administration is wielding them as the ultimate tool to shut the border to people seeking refuge.”

Two weeks ago, the Trump administration hastily put in place a policy, which the internal guidance calls Operation Capio, to push the overwhelming majority of unauthorized migrants into Mexico within hours of their apprehension in the U.S.

The Trump administration has been publicly vague on what happens under the new policy to migrants expressing a fear of persecution or torture, the grounds for asylum. But the guidance provided to Border Patrol agents makes clear that asylum-seekers are being turned away unless they can persuade both a Border Patrol agent — as well as a higher-ranking Border Patrol official — that they will be tortured if sent home. There is no exception for those who seek protection on the basis of their identities, such as race or religion.

Over 7,000 people have been expelled to Mexico under the order, according to sources briefed by Customs and Border Protection officials.

The guidance, shared with ProPublica by a source within the Border Patrol, instructs agents that any migrant caught entering without documentation must be processed for “expulsion,” citing the CDC order. When possible, migrants are to be driven to the nearest official border crossing and “expelled” into Mexico or Canada. (The Mexican government has agreed to allow the U.S. to push back not only Mexican migrants, but also those from Guatemala, Honduras and El Salvador; the four countries account for about 85% of all unauthorized border crossings.)

Under the Refugee Convention, which the U.S. signed onto in 1968, countries are barred from sending someone back to a country in which they could be persecuted based on their identity (specifically, their race, nationality, religion, political opinion or membership in a “particular social group”).

The Trump administration has taken several steps to restrict the ability of migrants to seek asylum, a form of legal status that allows someone to eventually become a permanent U.S. resident. Until now, however, it has acknowledged that U.S. and international law prevents the U.S. from sending people back to a place where they will be harmed. And it has still allowed people who claim a fear of persecution to seek a less permanent form of legal status in the U.S. (In the last two weeks of February, 2,915 people were screened for humanitarian protection, according to the most recent statistics provided by U.S. Citizenship and Immigration Services.)

The Border Patrol guidance provided to ProPublica shows that the U.S. is acting as if that obligation no longer applies.

Customs and Border Protection, the agency that oversees the Border Patrol, said it would not comment on the document provided to ProPublica. Asked whether any guidance had been provided regarding people who expressed a fear of persecution of torture, an agency spokesperson said in a statement, “The order does not apply where a CBP officer determines, based on consideration of significant law enforcement, officer and public safety, humanitarian, or public health interests, that the order should not be applied to a particular person.”

That language does not appear in the guidance ProPublica received. Instead, it specifies that any exception must be approved by the chief patrol agent of a given Border Patrol sector. One former senior CBP official, who reviewed the guidance at ProPublica’s request, said that because there are so many levels of hierarchy between a chief patrol agent and a line agent, agents would be unlikely to ask for an exemption to be made.

. . . .

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Read the rest of the article at the link.

Shows how fragile our legal system and our democratic institutions are. Contrary to “popular liberal myth” they have not “been holding up well” in the age of Trump.  A GOP Senate, of course, deserves much of the blame. But, it’s not like the Democrats have exactly put protecting the rule of law and Constitutional Due Process for the most vulnerable among us at the forefront.

We can also trace the disintegration of the legal system under Trump directly to the the failure of Roberts and the GOP majority on the Supremes to stand up for separation of powers, racial and religious justice, and Executive accountability. By ignoring a very clear record of invidious racial, religious, and political bias behind Trump’s Executive actions, and allowing a transparently contrived “national security” rationale to be used, in the so-called “Travel Ban Case” the Supremes’ majority basically signaled they had no intention of halting a White Nationalist assault on our Constitution and the rights of vulnerable minorities, particularly migrants. In other words, Roberts & Co. said: “It’s OK to ‘Dred Scottify’ away, we’ll never stand in your way.”  And, true to their word, the “J.R. Five” have been more than happy to ignore the law and “green light” the White Nationalist nativist immigration agenda.

So, four decades of painstakingly hard cooperative work by “good government” advocates, NGOs, the private sector, and the international community to reach an imperfect, yet basically workable, consensus that saved countless lives and helped fuel our economic success, the Refugee Act of 1980 lies in tatters. Decades of progress destroyed in a little over three years. That’s “institutional failure” on a massive scale!

Don’t look for the Refugee Act or the rule of law to be resurrected any time soon. Under Trump and his would-be authoritarian kakistocracy, the “emergencies,” real and fabricated, will never end until democracy and human decency are dead and buried. And, don’t count on Mitch McConnell or John Roberts to stand in the way.

This is exactly how democracies die. But, we do have the remaining power to remove the kakistocracy at all levels of our government and start rebuilding America. Yes, Roberts and his gang have life tenure. But, with “regime change,” we can start appointing better judges who will aggressively push back against the far-right, anti-democracy judicial agenda! Folks who believe in Due Process, fundamental fairness, the rule of law, racial equality, human decency, and equal justice for all! Vote to save our nation in November!

Due Process Forever!

PWS

04-03-20

U.S. JUDGE IN ARIZONA FINDS THAT REGIME’S BORDER PATROL VIOLATES CONSTITUTION WITH GROSS CONDITIONS IN DETENTION FACILITIES! – Putting Humans In “Iceboxes” Is “Punitive” – Duh!

Raphael Carranza
Raphael Carranza
Mexican Border Reporter
Arizona Republic

https://www.azcentral.com/story/news/politics/border-issues/2020/02/19/us-mexico-border-patrol-judge-sides-migrants-holding-cells-arizona/4812296002/

Rafael Carranza, The Republic | azcentral.com

 

 

TUCSON — A federal judge in Tucson ruled that the temporary U.S. Border Patrol holding facilities for migrants detained in southeastern Arizona, sometimes known as hieleras or iceboxes,”are presumptively punitive and violate the Constitution.”

U.S. District Judge David Bury issued his ruling on Wednesday granting plaintiffs a permanent injunction with additional requirements for Border Patrol.

The ruling follows a seven-day trial last month detailing overcrowding, inadequate food and medical care, as well as prolonged detention for migrants arrested in the Tucson Sector, which covers Cochise, Santa Cruz and Pima counties.

“The Plaintiffs, who are civil detainees in (Customs and Border Protection) holding cells, face conditions of confinement after 12 hours which are substantially worse than detainees face upon commitment to either a civil immigration detention facility or even a criminal detention facility, like a jail or prison,” the judge’s ruling said.

Follow Arizona politics? Our reporters stay on top of it all. Subscribe now to azcentral.com.

Bury said the “undisputed” evidence showed criminal inmates in jails and even migrants in longer-term civil detention are kept in better conditions than migrants in Border Patrol custody, including “an opportunity for uninterrupted sleep,” a second layer of clothing to keep warm, and a greater variety of food beyond frozen burritos, juice and crackers.

As part of the permanent injunction, the court ordered the Border Patrol to not hold migrants who have already been processed for more than 48 hours after they were initially booked.

The only circumstances under which Border Patrol can hold migrants for an extra 24 hours is “unless and until CBP can provide conditions of confinement that meet detainees’ basic human needs for sleeping in a bed with a blanket, a shower, food that meets acceptable dietary standards, potable water, and medical assessment performed by a medical professional,” Bury said.

By law, the Border Patrol is allowed to hold migrants for up to 72 hours at its holding facilities before transferring them to another federal agency, such as Immigration and Customs Enforcement.

During the trial, Border Patrol officials testified about the challenges they face in meeting that legal standard.

 

The average time in custody for migrants in 2019 was nearly 54 hours, according to the agency. But of the nearly 63,000 migrants processed in the Tucson Sector that year, more than 12,000 were held longer than the 72 hours allowed.

In 2016, Bury issued an injunction requiring Border Patrol officials in Tucson to provide clean sleeping mats and Mylar blankets to migrants held for longer than 12 hours.

The court added requirements forbidding migrants from sleeping around toilet areas of holding cells, noting that “being forced to sleep in a toilet area due to overcrowding offends the notions of common decency; it is unsanitary and degrading for all detainees who either have to sleep in the toilet area or try to use the toilet when others are sleeping there,” the ruling stated.

One of the witnesses during the trial, a 20-year-old woman from Honduras, described her experience in Border Patrol detention in April 2019. Identified as Witness B, the woman was pregnant at the time and talked about how she was nauseous and vomiting while in detention.

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During the time she was in custody, she slept in a holding room so crowded that the only space to lay down was next to the toilet, she described on Wednesday during a conference call where she was joined by the attorneys who represented her in the case.

“That whole night I was vomiting, I felt really sick. I was very worried because I didn’t know how my baby was doing,” the woman said. “Then they took me to the hospital, there they treated me and they told me that my baby was doing OK.”

After she was released from the hospital, agents returned her to a holding cell, where she said she continued feeling sick. Agents didn’t give her the medication doctors had prescribed until the morning she left the Border Patrol facility, she said.

Bury’s ruling notably found no evidence that Border Patrol’s parent agency, Customs and Border Protection, had purposely created the punitive conditions. Instead, he pointed out that the agency has stretched resources to “provide the best conditions” under current circumstances.

“A presumption, however, exists that the challenged conditions of confinement are punitive because, in the context of CBP operations, there is no legitimate governmental interest for the extended detentions currently occurring at CBP facilities,” the ruling said.

The judge further defined what type of showers Border Patrol needs to allow migrants to take. “A shower is a bath in which water is showered (as in to wet with a spray, fine stream, or drops) on the body,” the ruling said. “A ‘paper-shower’ or ‘shower-wipe,’ by definition, is not a shower.”

Border Patrol officials from the Tucson Sector did not respond to a request for comment.

The legal advocacy groups and private law firms that filed the lawsuit in 2015  celebrated Bury’s decision Wednesday, pointing to potential implications beyond the Tucson Sector.

Ruling BP Conditions Lawsuit by Joshua Ling on Scribd

“What the Constitution requires for individuals who are held in a pre-trial capacity, that has a much broader implication,” said Caroline Walters of the American Immigration Council, one of the groups that filed the lawsuit. “What the judge’s decision did today is sort of lay the groundwork for what these minimum standards should be.”

Walters said the group expects to hear more detail from Bury about implementing his permanent injunction.

“After several years we’re seeing that CBP has not changed the way that it treats people in confinement unless a court orders it,” said Alvaro Huerta, a staff attorney with the National Immigration Law Center. “And so we’re ecstatic that the court has finally recognized and made CBP change the way that it’s going to do its work.”

The Honduran woman who testified in court said she felt good knowing her testimony helped convince the judge to require the U.S. government to improve conditions for migrants like her.

“A lot of people from my country are still coming here because of the situation we are going through in my country,” she said. “So I feel really happy knowing that they will have better conditions.”

Vice President Mike Pence toured a Border Patrol facility in Texas after reports that migrants detained are being held in dangerous conditions. USA TODAY

Have any news tips or story ideas about the U.S.-Mexico border? Reach the reporter at rafael.carranza@arizonarepublic.com, or follow him on Twitter at @RafaelCarranza.

 

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Here’s Judge Bury’s order:

https://www.scribd.com/document/447870402/Ruling-BP-Conditions-Lawsuit#from_embed

So, under Trump we treat asylum seekers worse than convicted criminals. But, don’t worry.  Enabled by the Article III Courts, the regime is reducing the Gulag population and shrinking “Let ‘Em Die in Mexico” by simply abrogating asylum laws and the Constitution and sending folks to Guatemala, a dangerous country with no functioning asylum system, where they won’t get a fair chance to apply for asylum and will either be forced back to the countries they fled or forced to fend for themselves in a failed state. https://www.washingtonpost.com/immigration/remain-in-mexico-deportation-asylum-guatemala/2020/02/20/9c29f53e-4eb7-11ea-9b5c-eac5b16dafaa_story.html

 

Some might survive, some won’t. But, we don’t really care because it’s “out of sight, out of mind.”

 

I actually think that Judge Bury got part of this case wrong by incorrectly absolving the Border Patrol of intentionally abusing these individuals. Wrong! Essentially, this is the old “Good enough for Government work” cop out.

 

There are always alternatives to unconstitutional and punitive detention. The most obvious being releasing folks on bond if there is no constitutionally compliant alternative. Like other Government employees, Border Patrol Officers take an oath to uphold the Constitution. When tasked by the regime with carrying out Constitutional abuses, they actually have a duty to “just say no” even if that means resigning their jobs.

 

And, on a larger scale, it’s clear that the regime has chosen to waste money on unneeded and unauthorized walls, unneeded detention, frivolous legal actions, and details of Border Patrol personnel to punish cities that won’t go along with some of their unlawful behavior. That money could and should have been used to improve detention conditions to meet constitutional minimums. In simple terms, the regime made a conscious choice to violate the Constitution as part of its illegal and immoral “deterrence” program. It’s time for Article III Courts to stop enabling and papering over false, illegal “choices” by a scofflaw Administration.

Due Process Forever!

 

PWS

 

02-21-20

 

 

DOCTORS WITHOUT BORDERS: “More than two-thirds of migrants fleeing Central American region had family taken or killed!” — “We’re speaking of human beings, not numbers!”– As Evidence Mounts Of Regime’s “Crimes Against Humanity,” DHS Trump Toady & Unapologetic “Dehumanizer” Mark Morgan Proudly Touts “Success” Of “Extermination As Deterrence” Policies!

David Agren
David Agren
Mexico Correspondent
The Guardian

https://www.theguardian.com/world/2020/feb/11/migrants-fleeing-central-america-guatemala-honduras-el-salvador-family-taken-killed-study?CMP=Share_iOSApp_Other

David Agren reports for The Guardian:

More than two-thirds of the migrants fleeing Central America’s northern triangle countries – Guatemala, Honduras and El Salvador – experienced the murder, disappearance or kidnapping of a relative before their departure, according to a new study by the medical charity Doctors Without Borders (MSF).

The MSF study said 42.5% of interviewees reported the violent death of a relative over the previous two years, while 16.2% had a relative forcibly disappeared and 9.2% had a loved one kidnapped.

The study – based on interviews with migrants and refugees at MSF medical facilities in Central America and Mexico – once again showed the despair driving migrants to abandon some the hemisphere’s poorest, most violent and most corrupt countries.

Central America’s rampant violence fuels an invisible refugee crisis

“We’re speaking of human beings, not numbers,” Sergio Martín, MSF general coordinator in Mexico, said at the study’s presentation on Tuesday. “In many cases, it’s clear that migration is the only possible way out. Staying put is not an option.”

In 45.8% of the interviews, migrants said that “exposure to violent situations” was a key reason for leaving their home country. Of those fleeing due to violence, 36.4% had become internally displaced in their countries of origin, but were eventually forced to flee.

The research was published at a time when the US border is becoming increasingly difficult to reach.

Mexico has been launched a crackdown against people trying to cross its southern frontier and deployed its newly created national guard to dismantle large groups of migrants, while the Trump administration has made the asylum process practically impossible for most applicants.

US officials are returning asylum seekers to dangerous Mexican border cities – where MSF has found many are kidnapped and preyed upon by drug cartels – under scheme known as migrant protection protocols to await their court cases. Some migrants are now being flown to Guatemala to apply for asylum in the impoverished Central American country.

Remain in Mexico: 80% of migrants in Trump policy are victims of violence

“The aggressive migration policies adopted by the US and Mexico mean that more and more people are trapped in a vicious circle,” the MSF report stated. “Patients describe an increase in the predatory violence perpetuated by criminal organisations operating along the migrant route.”

Meanwhile, violence against migrants transit Mexico is escalating, the study found: 39.2% of interviewees were assaulted in the country, while 27.3% were threatened or extorted – with the actual figures likely higher than the official statistics as victims tend not to report crimes committed against them.

Nearly 6% of migrants reported witnessing a death during their time in Mexico, according to MSF. In 17.9% of those cases, it was a murder.

Members of MSF teams have themselves witnessed kidnappings outside migrant shelters.

“The physical obstacles to entering the United States are taken for granted. But what surprises [migrants] … is the violence that they experience in Mexico,” the report said.

“Coming from a country where violence is endemic, they decide to make the journey because they have no other option.”

Violence is just of a range of factors driving migration, and motives vary from region to region and country to country.

A 2019 survey from Creative Associates International found violence was the main driver of migration for 38% of Salvadorans, 18% of Hondurans and 14% of Guatemalans. In Guatemala – the main source of migrants detained at the US border with Mexico – 71% of respondents cited “economic concerns” as their main motive.

Fleeing a hell the US helped create: why Central Americans journey north

Climate change is increasingly being recognized as a driver of migration – especially from areas in Central America’s “Dry Corridor” – as is political corruption.

“Over the last 20 years in Honduras, the poverty rate hasn’t fallen beneath 60%,” said Father Germán Calix, Honduras director of the Catholic Church’s charitable arm Caritas.

“The lack of policies and actions in favor of the poor has been such that people have lost confidence that this situation can ever be reversed from Honduras.”

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As folks die, are raped, kidnapped, extorted, and abused, as a result of DHS’s policies, Acting CBP Commish Mark Morgan touts how effective massive violations of legal, constitutional, and human rights are at deterring refugees seeking legal protection.

Laura Strickler
Laura Strickler
Investigative Reporter
NBC News
Adiel Kaplan
Adiel Kaplan
Investigative Reporter
NBC News

https://apple.news/AkKikmzABR8Sl3e6oyRoHCA

by Laura Strickler and Adiel Kaplan | NBC NEWS

WASHINGTON — The number of apprehensions at the U.S.-Mexico border declined for the eighth month in a row in January, but Acting Customs and Border Protection Commissioner Mark Morgan said during a briefing with reporters on Tuesday that in recent weeks the number of average daily apprehensions has risen.

In four of the past five years, apprehensions have begun to increase in February, according to CBP statistics. Morgan said he thinks there might be a spring surge in migrants from Mexico motivated in part by the country’s stagnant economy. The recent uptick is occurring despite tough limitations on asylum opportunities and more aggressive deportation policies.

Morgan noted that the majority of people crossing the border are now individual adults from Mexico, and said that the Trump administration was having success in dissuading Central American families from coming north.

Total apprehensions at the border were lower in January than in recent months, but during the month daily apprehensions began increasing. U.S. Border Patrol apprehended 29,200 individuals crossing at the Southwest border between ports of entry during January, CBP said Tuesday morning, a decrease from the 32,858 people apprehended in December and 33,511 in November.

Morgan touted the agency’s January successes, including the discovery of the longest cross-border tunnel used for smuggling in history and the seizure of more than 50,000 pounds of drugs on the Southwest border.

“We continue to see positive results because of the steps taken by the Trump Administration to control the border and uphold the rule of law,” said Morgan. “We’ve seen eight straight months of decline, but as we see from the seizure of the longest-ever tunnel between the U.S. and Mexico and significant drug seizures, much work remains.”

Migrants from El Salvador, Guatemala and Honduras have decreased, said Morgan. He hailed the administration’s success in reducing numbers of apprehensions from these three countries, crediting security agreements with their governments. He noted that CBP has been promoting the message that if citizens from those countries come to the U.S., “They will be promptly removed and returned.”

The Trump administration has long sought to deter migrants, many of whom were Central American families, from making the journey to the U.S. southern border. Some of the administration’s policies at the border have stoked outrage over the treatment of migrants, such as the 2018 family separation policy that removed children as young as a few months old from their parents and kept them in separate detention facilities.

Last year, the administration implemented a policy to send many asylum-seekers to wait in Mexico while their cases play out. It recently began sending some asylum-seekers to Guatemala.

Critics of the Trump administration’s immigration policies have said such policies violate migrants’ rights and further endanger them by making them wait in dangerous border towns or in one of the most violent countries in the world, which lacks a robust asylum system. A Human Rights Watch report released earlier this month highlighted the potentially deadly risks to Salvadorans in particular — many of whom are fleeing gang violence — when they are sent to wait in Mexico or deported to El Salvador.

Morgan was also asked about the detention of Iranian Americans on the Northern border in Washington state after the U.S. killed Iranian general Qassem Soleimani in January. CBP denied there was any directive to agents in a tweet, but a memo surfaced weeks later showing the CBP Seattle Field Office had told much of the Northern border to conduct additional screenings of anyone with ties to Iran or Lebanon. He noted that while there was no national directive, the Seattle Field Office got “overzealous” in screening Iranian-Americans and headquarters immediately corrected the action.

Rep. Pramila Jayapal, D-Wash., who represents Seattle, said, “It’s deeply disturbing that it took my inquiries, a leaked memo and press reports for CBP to finally acknowledge that it inappropriately targeted Iranian Americans at the Washington State-Canada border.”

“We need to know how far-reaching the order was, who it came from and why it took so long for CBP to come clean.”

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The dead can’t speak. Those illegally deported to torture, rape, extortion, abuse, and exploitation often don’t want to. 

In an era where the “truly courageous heroes of public service” are punished by Trump while his GOP sycophants cheer, Morgan is a shining example of the very worst and most disgraceful characteristics of those who falsely claim to be serving our national interests!

Obviously, in the age of extreme regime unaccountability, Congressional fecklessness, and Article III Judicial complicity, folks like Morgan literally can “get with murder.” How grotesque, and arrogantly immoral to tout the deadly results of dehumanization and degradation of some of the most vulnerable and needy human beings!

Also worth noting that until hard evidence to the contrary emerged, under Morgan CBP initially lied about detentions of U.S. citizens of Iranian descent at the border. All of this flagrant dishonesty, racism, and impunity was originally enabled and encouraged by the “head in the sand” approach to the regime’s dishonesty and gross violations of the Constitution in the “Travel Ban Cases” by the Supremes led by the “J.R. Five.” Remember that the next time J.R. fecklessly and disingenuously pontificates on the “loss of civility” in legal discourse. What about the loss of human lives due to your complicit performance, J.R.?

A note to future historians:  Don’t forget the role played by Morgan and other regime toadies in what properly will be viewed as intentional “crimes against humanity” and attendant cover-ups and minimization of intentionally inflicted human misery and unnecessary suffering. And, certainly J.R. and his other GOP judicial enablers should be “outed” and held accountable for their role in destroying our democratic institutions, encouraging evil, and promoting injustice and dehumanization. They are enablers and knowing participants in “America’s Jim Crow Revival!”

Due Process Forever; Crimes Against Humanity & Toady Bureaucrats & Judges Never!

PWS

02-12-20

EUGENE ROBINSON @ WASHPOST: KID KILLERS ON THE LOOSE: “Sixteen-year-old Carlos Gregorio Hernandez Vasquez died horribly and needlessly. The Trump administration’s policy of deliberate, punishing cruelty toward Latin American migrants killed him.”

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/the-trump-administration-is-to-blame-for-a-teen-migrants-death/2019/12/09/569ae0e8-1ac6-11ea-8d58-5ac3600967a1_story.html

Sixteen-year-old Carlos Gregorio Hernandez Vasquez died horribly and needlessly. The Trump administration’s policy of deliberate, punishing cruelty toward Latin American migrants killed him.

That is the only conclusion to be drawn from a shocking report by the nonprofit newsroom ProPublica about Hernandez’s death in May at a U.S. Border Patrol station in Texas. I assume the agents and health-care workers who should have given Hernandez lifesaving attention are decent human beings, not monsters. But they work within an intentionally monstrous system that assigned no value to a young Guatemalan boy’s life.

President Trump’s racist and xenophobic immigration policies are not grounds for impeachment; rather, they are an urgent reason to defeat him in the coming election. But at least six migrant children, including Hernandez, have died in federal custody on Trump’s watch. Somebody should be held accountable. Somebody should go to jail.

Hernandez died of influenza and neglect.

He had crossed the Rio Grande without documents with a group of migrants who were almost immediately apprehended by the Border Patrol. In keeping with administration policy, he was separated from his adult sister and processed at a notoriously overcrowded holding facility in McAllen, Tex., where a nurse practitioner found he had a temperature of 103. She diagnosed him with the flu and said he should be taken to a hospital if his condition worsened.

Instead, worried he might infect others at the McAllen center, officials moved him to a Border Patrol station in nearby Weslaco and locked him in a cell. That was on the afternoon of May 19. By the following morning, Hernandez was dead.

Border Patrol logs show that agents checked on Hernandez several times that night. But ProPublica obtained cellblock video showing that “the only way . . . officials could have missed Carlos’ crisis is that they weren’t looking.”

The video “shows Carlos writhing for at least 25 minutes on the floor and a concrete bench,” ProPublica reported. “It shows him staggering to the toilet and collapsing on the floor, where he remained in the same position for the next four and a half hours.”

Customs and Border Protection, the parent agency of the Border Patrol, claimed that Hernandez’s lifeless body was discovered by agents doing a morning check. But the video shows, according to ProPublica, that it was Hernandez’s cellmate who sent up the alarm.

“On the video, the cellmate can be seen waking up and groggily walking to the toilet, where Carlos was lying in a pool of blood on the floor. He [the roommate] gestures for help at the cell door. Only then do agents enter the cell and discover that Carlos had died during the night.”

Let that sink in for a moment. A 16-year-old boy has obviously fallen ill and has a soaring fever. Instead of seeking medical care for him, agents of the United States government — acting in your name and mine — leave him to die on the cold concrete floor of a detention cell.

Hernandez’s death implies more than the apparent negligence of a few overworked Border Patrol agents. It indicts a whole system designed by the Trump administration to deter would-be migrants and asylum seekers by punishing those who do make the journey.

In Hernandez’s case, the fatal punishment was meted out illegally. He had been in custody for six days when he died, but the Border Patrol is only supposed to hold children for 72 hours, at most, before transferring them to the Department of Health and Human Services.

The Trump administration instituted a shockingly inhumane policy of separating migrant parents from their children, who in many cases were sent hundreds of miles away. Thousands of children were warehoused in cages, like animals. Toddlers and infants were absurdly expected to represent themselves at immigration hearings whose nature they could not begin to understand.

It is true that officials have had to deal with a flood of migrants who overwhelmed border facilities and personnel. But the Trump administration responded to the surge not with compassion but with purposeful callousness. It is horrific that six migrant children are known to have died in Customs and Border Protection custody since September 2018. It is even worse when you realize there were no such deaths, not a single one, during the eight years of the Obama administration.

According to ProPublica’s report, Carlos Gregorio Hernandez Vasquez was a bright and engaging boy who captained his school’s soccer team in the village of San Jose del Rodeo. The Border Patrol assigned him the alien identification number A203665141. His body was shipped home for burial.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook.

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So why are racist White Nationalist policies that kill kids and then cover up “OK?” Why are Kelly, Nielsen, “Big Mac With Lies,” “Gonzo Apocalypto,” and others responsible for human rights violations running around making big bucks off their misconduct, giving speeches as if they were “normal” former senior executives, and even running for public office rather than facing charges for their misconduct? Others like Chief Toady Billy Barr and “Cooch Cooch” remain in office while spreading their authoritarian lies and attacking our democratic institutions.

And what about complicit Federal Appellate Judges and Supreme Court Justices who have let Due Process, fundamental fairness, and human decency die while looking the other way?

Human rights criminals like Trump & Miller need plenty of “go along to get along” accomplices to carry out their abuse.

Thanks, Eugene, for speaking out when so many others in privileged positions of supposed responsibility have been so cowardly and complicit in the face of tyranny that intends to destroy our democracy and that has already undermined our humanity.

Where’s the outrage!

Due Process Forever!

PWS

12-11-19

KILLING KIDS, COVERING UP, EVADING ACCOUNTABILITY: Juvenile Died In Trump’s Gulag — Then, The CBP Lies Started Flowing!

Carrie Cordero
Carrie Cordero
Senior Fellow
Center for New American Security
Heidi Li Feldman
Heidi Li Feldman
Professor of Law
Georgetown Law
Chimene Keitner
Chimene Heitner
Professor of Law
UC-Hastings Law

https://slate.com/news-and-politics/2019/12/cbp-teenager-death-carlos-vasquez-criminal-liability.html

By CARRIE CORDERO, HEIDI LI FELDMAN, and CHIMÈNE KEITNER In Slate:

ProPublica published an extensive investigative report last week detailing the circumstances surrounding the death of 16-year-old Carlos Gregorio Hernandez Vasquez. The teenager died in Customs and Border Protection detention in May, approximately one week after entering the United States—even though children are not supposed to be held by CBP for more than 72 hours before being transferred to Health and Human Services. Vasquez had boarded a raft on the Rio Grande with dozens of others and was promptly apprehended by U.S. Border Patrol agents after landing in Hidalgo, Texas. He was separated from his adult sister, with whom he had been traveling, and placed in CBP custody, where he apparently developed and then died from the flu.

While Vasquez’s death was reported in the press at the time, the new ProPublica report includes a video appearing to be from the time period before and after Vasquez’s’ death in the CBP cell. (Vasquez’s’ family has since indicated that they had not seen the video and had not consented to its release or distribution.) The video appears to show that—contrary to the Department of Homeland Security’s public explanation last spring when his death was first reported—Vasquez did not receive proper welfare checks during the night, and was found lifeless by his cellmate in the morning. These new circumstances raise grave questions about whether the government and individual CBP officials will face legal consequences for failing to provide him with adequate medical treatment, failing to monitor his deteriorating health, and, potentially, attempting to conceal the actual circumstances of his death.

The ProPublica report explains that there is an open internal DHS Office of Inspector General investigation of the circumstances surrounding the death, following an earlier local law enforcement investigation conducted by the Weslaco Police Department. The police investigation apparently did not result in enforcement action. Meanwhile, the administrative process within DHS is awaiting the outcome of the OIG investigation. It should not go unnoticed that this death occurred during a period of heightened instability in the agency’s leadership ranks. Vasquez’s’ death took place the month after Secretary Kirstjen Nielsen resigned, and during the period when CBP was under the direction of an acting director, John Sanders, since former Kevin McAleenan had been the CBP chief before being elevated to acting secretary. Sanders resigned shortly after the incident and told ProPublica that “I really think the American government failed these people. The government failed people like Carlos,” he said. “I was part of that system at a very high level, and Carlos’ death will follow me for the rest of my life.”

Press reports over the spring spring stated that in addition to the local police and DHS OIG investigation, the FBI also was conducting an investigation. Given the information released by ProPublica, that FBI investigation should include a civil rights investigation for color of law violations (that is, unlawful acts by CBP officials), and obstruction of justice, given the report of potentially falsified logs. Jurisdiction for such investigation would reside with the FBI’s McAllen Resident Agency, San Antonio Division.

The status and outcome of that FBI investigation is important and should not be delayed pending the separate DHS OIG process. The death of a child in federal custody must be subject to greater scrutiny than administrative measures alone. Not only is DHS’s border security, immigration, and law enforcement activity in need of greater internal oversight and accountability mechanisms, but there are certain circumstances where individual accountability is necessary to punish and deter wrongdoing. To be clear, this is a pro–law enforcement and pro-security argument. In order for law enforcement and homeland security professionals to maintain order and effectiveness in carrying out their lawful duties, individual instances of wrongdoing must be subject to meaningful accountability.

There should also be a public accounting of the results of the FBI investigation. As discussed here in the context of family separation, federal law provides that civil rights violations that take place while enforcing the law may also amount to federal crimes under Section 242 of Title 18. According to the ProPublica report, Vasquez had a fever, was administered medication, and then was returned to a holding cell, contrary to medical advice. The cell—visible in the video posted online by ProPublica—was akin to a prison cell, containing, apparently, only what appear to be cement block benches and a toilet area. The report alleges that a CBP officer recorded conducting multiple welfare checks during the night; however, the video shows none, and four hours of the video during which those checks purportedly took place were not provided by CBP to the local police.

We do not have any basis to know why the local police received an incomplete video, but the missing four hours of the video is beyond curious. It is potentially criminal. If efforts were taken to delete or sequester the missing four hours, that would constitute obstruction of justice. If individuals coordinated their efforts to shield that portion of the video from law enforcement investigators, then those individuals have potential legal exposure for conspiracy to obstruct justice.

In addition to the FBI’s criminal and civil rights investigation, there may be civil recourse for Vasquez’s’ family. The U.S. government may be subject to a wrongful death claim on the grounds that CBP agents negligently deprived Vasquez of proper medical care. Such claims are permitted by the Federal Tort Claims Act, which waives sovereign immunity for the U.S. government when its officers commit acts that would give rise to tort claims were they committed by private parties. (We discuss civil liability extensively with respect to family separation in the immigration context more broadly in a forthcoming scholarly article previewed here).

The death of a child in federal custody must be subject to greater scrutiny than administrative measures alone

A private institution with custody of a severely ill child would certainly be vulnerable to tort liability on facts similar to those reported about Vasquez’s’ situation. Before he was transferred to the Weslaco station where he died, Vasquez was seen by a nurse practitioner in McAllen. She administered ibuprofen and Tylenol and ordered Tamiflu. She recommended that Vasquez receive additional medical attention within two hours and that he should be taken to an emergency room if his symptoms persisted or worsened. According to ProPublica’s investigation, Vasquez was not seen again by a health care worker for about 18 hours, when another nurse practitioner, this time at Weslaco, administered Tamiflu but left no record of any other medical treatment or examination. The time lapse between these two medical interventions strongly suggests a breach of the basic duty of care that tort law places upon anybody who has taken physical custody of a child, making it impossible for anybody else to assist him with known medical needs.

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Official corruption and impunity, normally considered hallmarks of dictatorships and Third World states, have become huge problems in the U.S. under the Trump Administration. An emasculated Congress and feckless, complicit Article III Courts are major contributors to the arrogantly lawless performance of DHS under Trump. 

PWS

11-09-19

THANKSGIVING WISH: JUSTICE FOR THOSE HELD IN TRUMP’S DEADLY “NEW AMERICAN GULAG” — DHS KID KILLERS: CDC TELLS CBP TO VACCINATE DETAINED MIGRANTS: CBP Chooses To Kill Kids & Spread Disease!

Robert Moore
Robert Moore
Freelance Reporter
El Paso, TX

https://apple.news/Ag7KzWmcGSWqY5RAzCSzygg

Robert Moore reports in the WashPost:

CDC recommended that migrants receive flu vaccine, but CBP rejected the idea

EL PASO — As influenza spread through migrant detention facilities last winter, the Centers for Disease Control and Prevention recommended that U.S. Customs and Border Protection vaccinate detained migrants against the virus, a push that CBP rejected, according to a newly released letter to Congress.

The CDC recommendation was revealed in a letter from the agency to Rep. Rosa L. DeLauro (D-Conn.), chair of the House Appropriations subcommittee that oversees funding for the Department of Health and Human Services, which includes the CDC. The agency’s director, Robert Redfield, issued the letter Nov. 7 in response to questions DeLauro posed last month after the flu had taken a toll on migrants in U.S. custody during the past year.

An 8-year-old Guatemalan boy died of the flu while being detained near El Paso in December, a month before the CDC’s vaccination recommendation. In the months after CBP rejected the recommendation, at least two children — one in El Paso and one in Weslaco, Tex. — died after being diagnosed with the flu in Border Patrol custody, autopsy reports showed. Influenza outbreaks in Border Patrol detention facilities continued through May, sickening hundreds of people, including agents and detainees.

DeLauro said CBP’s continuing refusal to provide flu vaccines to detained migrants is “unconscionable,” especially given Trump administration policies and migrant influxes that at times have caused U.S. facilities to be significantly overcrowded.

“CDC’s recommendations are clear: flu vaccines should be administered to people as soon as possible to prevent the spread of this deadly disease,” she said. “Worse still, administration policies that kept families locked in cages for extended periods of time greatly increased their risk of illness.”

Officials with CBP have never provided immunizations for detained migrants and does not plan to do so now, according to Kelly Cahalan, an agency spokeswoman.

“CBP has significantly expanded medical support efforts, and now has more than 250 medical personnel engaged along the Southwest border. To try and layer a comprehensive vaccinations system on to that would be logistically very challenging for a number of reasons,” she said. “The system and process for implementing vaccines — for supply chains, for quality control, for documentation, for informed consent, for adverse reactions — is complex, and those programs are already in place at other steps in the immigration process as appropriate.”

The two agencies that hold migrants for extended periods, Immigration and Customs Enforcement and the Office of Refugee Resettlement, provide flu vaccines. Adults and families who cross the U.S. border increasingly are being sent back to Mexico under the Migrant Protection Protocols program before they are turned over to ICE and thus do not get vaccinated. Unaccompanied children generally go to ORR shelters.

A Trump administration strategy led to the child migrant backup crisis at the border

The CDC recommends that most people in the United States age 6 months and older receive a flu vaccination, as it is the primary preventive measure against what can be a potentially severe illness. In the 2018-2019 flu season, nearly 63 percent of children under the age of 18 received the flu vaccine and just more than 45 percent of adults received the vaccine.

CDC officials visited Border Patrol detention facilities in El Paso and Yuma, Ariz., in December and January, at CBP’s request. The CDC’s January report warned that because of inadequate medical infrastructure in the facilities, “illness in the Border Patrol facilities stresses both the Border Patrol staff and community medical infrastructure.”

The report made nine recommendations for minimizing the spread of the flu, and CBP adopted many of them, including expanding medical staff at detention facilities and increasing flu surveillance.

But CBP did not implement a recommendation for an aggressive vaccination program that would prioritize children and pregnant women.

Brazilian families spent weeks in tent-like border facility, far longer than typical

In his Nov. 7 letter to DeLauro, Redfield reiterated the vaccination recommendation: “CDC recommends that priority should be given to the screening and isolation of ill migrants, early antiviral treatment, and flu vaccinations for all staff. CDC further recommends influenza vaccination at the earliest feasible point of entry for all persons at least six months of age, which is in concurrence with our general influenza vaccine recommendations.”

Other health experts also have recommended vaccines for migrants detained by CBP, especially children. A group of physicians that reviewed autopsy reports of children who died in CBP custody made that recommendation in an August letter to DeLauro and others in Congress.

A new report from the Brookings Institution warns that risk factors such as lackluster sanitation, overcrowding and poor nutrition are creating a “perfect storm” of conditions in CBP detention facilities that could lead to severe outbreaks of the flu and other communicable diseases. The report recommends vaccinating detained migrants as a way of limiting outbreaks.

Robert Moore is a freelance journalist based in El Paso.

Democracy Dies in Darkness

© 1996-2019 The Washington Post\

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Trump’s White Nationalist “DUD” (“Detain Until Dead”) policy in action! Might also include in your Thanksgiving thoughts those abused under Trump’s “Let ‘Em Die in Mexico” program as well as those who will soon be “orbited” to potential harm or death under bogus “Dangerous Third Country Agreements.”  

Will Markie “Fund My TGIF” Morgan and his fellow killers, child abusers, and human rights abusers at DHS ever be held accountable for their arrogant misdeeds in Trump’s service? Don’t count on it. But, removing this truly cruel, immoral, and otherwise horrible group of “kakistocrats” and their Supreme Leader in 2020 is both possible and necessary for the continued existence of our country and would be a service to the future of the human race.

Doesn’t mean it will happen; but, our nation might not survive if it doesn’t.

Give thanks for the New Due Process Army!

Due Process Forever; New American Gulag Never!

Happy Thanksgiving,

PWS

11-28-19

SURPRISE (NOT): Many Of Us Already Knew That CBP Acting Commish Mark Morgan Is Sleazy, Cruel, Immoral, Unethical, & Not Very Bright — Now, It’s Confirmed By The DOJ’s Inspector General — That’s Why He’s A Perfect Fit For The Trump Regime’s Immigration Kakistocracy!

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

Tal Kopan reports for the SF Chronicle:

Exclusive: Trump’s top border official broke FBI rules to fund happy hours

By Tal Kopan

WASHINGTON — President Trump’s top border official broke federal ethics rules in a previous job by seeking sponsors to buy alcohol and fancy food for FBI happy hours, according to a watchdog report exclusively obtained by The Chronicle.

Mark Morgan, acting commissioner of the Customs and Border Protection agency, continued asking the outside entities to pay for the social events even after being warned it was against federal rules, the Justice Department’s inspector general found.

The previously unreported finding raises questions about the Trump administration’s vetting process for top officials. Although Morgan’s role is typically subject to Senate confirmation, Trump has not nominated him for the job. That has circumvented the traditional review by the Senate — leaving it unclear whether the ethical lapse was ever known to the administration.

Customs and Border Protection and Morgan declined to comment. The White House did not respond to a request for comment.

The violations occurred when Morgan was working at the FBI in 2015 as deputy assistant director of the training division, according to the inspector general’s report. Midway through the investigation in the summer of 2016, Morgan retired from the FBI and was named under then-President Barack Obama to head the Border Patrol. He declined to cooperate with the probe after that, the report said.

More: https://www.sfchronicle.com/politics/article/Exclusive-Trump-s-top-border-official-broke-14864340.php#

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Let’s see. Morgan is the racist charlatan who claimed that he could identify a future gang member just by “looking in their eyes.” He was also an enthusiastic supporter of Trump’s threatened (but never fully implemented) “reign of terror” directed against families in ethnic communities. And, of course, as acting CBP Honcho, he encourages and presides over parts of the “New American Gulag,” “Let ‘Em Die in Mexico,” and other human rights violations every day.

Plus, Morgan is as dim as he is evil if he considers government ethics advice to be “mere suggestions.” But, of course, when funding of a TGIF is on the line, why not “push the envelope.” He does exhibit the arrogance and disregard for the rules that apply to others that is a hallmark of the Trump Regime’s Kakistocracy. 

However, it’s also significant that this information was available when Obama appointed Morgan Border Patrol Chief. Lots of today’s gross abuses by the Trump Regime have their roots in the Obama Administration’s overall poor, often uninformed, and sometimes negligent approach to immigration issues. 

Travesties like “family detention,” “insider-only” hiring at the Immigration Courts and the BIA, absolutist positions on indefinite detention, defense of “toddlers representing themselves” in Immigration Court, and use of “Aimless Docket Reshuffling” at the Immigration Courts in support of inappropriate and unethical “enforcement goals” all helped create unnecessary disorder and inhumanity in the already poorly functioning system. 

Obama had a golden chance both to resolve Dreamers and create an Article I Immigration Court at the beginning of his Administration with badly needed, straightforward statutory reforms. Instead, by putting all of his attention on healthcare, to the exclusion of other pressing humanitarian problems, he more or less insured the later “weaponization” of the Immigration Courts, the creation and expansion of the “New American Gulag,” and holding “Dreamers” hostage.  

If Obama had taken bold action in 2009, many of the “original Dreamers” would be fully integrated into our society and on their way to citizenship and full participation in our political process by now. Instead, they are being “hung out to dry” by Trump, the GOP, and likely the Supremes. A generation of American youth is being denied the opportunity to contribute and achieve their full potential in the United States.

And, think of how a “real” independent Immigration Court system, with a diverse judiciary with true immigration, human rights, and due process expertise, might have dealt with Trump’s consistent legal overreach on immigration and asylum issues. Indeed, while the Immigration Court backlog might not have been eliminated by an Article I Court, I’ll be it would be considerably less than it is now with an independent court where judges, not enforcement-driven bureaucrats, are in charge of managing their own dockets.

Obviously, we can’t change the past. But, we certainly can avoid repeating its mistakes in the future. Something to consider when looking at Democratic Presidential contenders.

PWS

11-27-19

COURTSIDE HAS BEEN SAYING IT FOR YEARS; THE NY TIMES FINALLY PICKS UP: Trump & Co’s White Nationalist Racist Immigration Policies Are Corrupting America!

https://www.nytimes.com/2019/07/01/opinion/border-immigration.html

 

The NY Times Editorial Board writes:

 

Last year, as part of an effort to carry out President Trump’s promise of “extreme vetting” of visitors to the United States, the Department of Homeland Security began collecting social media account information from millions of people seeking to cross the border.

After all, a radical online could be a radical offline.

That’s why the stream of posts ricocheting around a 9,500-member Facebook group, comprising current and former Border Patrol agents as well as some people with no apparent connection to the Border Patrol, is so troubling. Members of the group, as documented by ProPublica this week, “joked about the deaths of migrants, discussed throwing burritos at Latino members of Congress visiting a detention facility in Texas on Monday and posted a vulgar illustration depicting Rep. Alexandria Ocasio-Cortez engaged in oral sex with a detained migrant, according to screenshots of their postings.”

Of a 16-year-old migrant from Guatemala who died while in Border Patrol custody in May, a member of the group wrote, “If he dies, he dies.”

Customs and Border Protection said on Monday that it had informed the Department of Homeland Security’s inspector general about the posts and had started its own investigation. The National Border Patrol union decried the posts as “inappropriate and unprofessional.”

A reckoning from their superiors is due for any border agents who dishonored their uniform by spreading vileness on social media. In June, when the Plain View Project, a nonprofit research effort, released documentation on dozens of police officers from eight departments across the country posting racist, misogynist and Islamophobic material, 72 police officers in Philadelphia were pulled off the streets and the top prosecutor in St. Louis said she would no longer accept cases from 22 officers.

In a larger sense, the Border Patrol Facebook posts reveal a worrying mind-set among some of those charged with administering the harshest crackdown on migrants and asylum-seekers in decades. “These are clearly agents who are desensitized to the point of being dangerous to migrants and their co-workers,” Representative Joaquin Castro, who heads the Congressional Hispanic Caucus, told ProPublica.

The realities of that crackdown have created conditions that Americans would condemn if they were in another country.

While lawmakers refuse to compromise on emergency aid for the humanitarian needs at the border, “children are held for weeks in deplorable conditions, without access to soap, clean water, showers, clean clothing, toilets, toothbrushes, adequate nutrition or adequate sleep,” groups supporting the children wrote in a recent court filing. A judge on Friday ordered Customs and Border Protection to allow health workers into facilities where children are being held to ensure that conditions are “safe and sanitary.

On Monday, Ms. Ocasio-Cortez toured facilities where migrants and asylum-seekers are being held. “Officers were keeping women in cells w/ no water & had told them to drink out of the toilets,” she tweeted.

As the congressional delegation arrived at one detention facility, they were heckled and cursed at by demonstrators, including one man wearing a Make America Great Again hat. (Another heckler hurled ethnic slurs at Representative Rashida Tlaib.)

Only a callous person could find mirth in the misery at the border. And only a desensitized nation could continue to permit the separation of children from their parents — and detaining all of them in atrocious conditions — as a morally acceptable form of deterrence.

 

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The constant lies, false narratives, intentional inhumanity, and “deterrence only” of Trump’s self-created “border crisis” are merely the latest example of how White Nationalism demeans our nation. This Administration has all of the legal tools necessary to process arriving asylum seekers in a fair, timely, and orderly manner. They just refuse to use them as they were intended to solve, rather than intentionally create and aggravate, migration problems.

 

Contrary to Trump/GOP false narratives, that includes the present ability to establish a legitimate refugee application program in or near the Northern Triangle and to use it as an incentive for refugees to apply outside the United States rather than coming to the border to apply for asylum. However, to work as an incentive, rather than a failed deterrent, the refugee program must be administered in a fair and generous manner that would allow those who have legitimate fears of persecution on the basis of gender, actual or political opposition to gangs, ethnicity, or religious activities to be properly classified as refugees and resettled here or in some other truly safe location as determined in conjunction with the UNHCR and signatory countries outside the Northern Triangle who can actually provide at least a reasonable chance of safety.

That likely means a goal of admitting at least 50,000 to 100,000 refugees to the U.S. from Central America over the next year. That, along with robust aid to address the problems creating the refugee flow would be the legal and effective approach to the forced migration issue.

 

Additionally, the Administration has the ability to reauthorize and extend “Temporary Protected Status” (“TPS”) to qualified individuals from the Northern Triangle already present in the U.S. until such time as the conditions in their home countries can be stabilized. This would also have the advantage of tracking the presence of such individuals in the United States while reducing the pressure on the already backlogged U.S. Immigration Court system.

 

Of course, the Administration has no intention of using any of these tools to solve the problem. That would be inconsistent with their racist, restrictionist, White Nationalist agenda aimed primarily at keeping non-white individuals out of the United States and reducing the rights and political power of those who are already citizens. The purpose of refugee protection laws is actually to protect refugees, not, as this Administration posits, to kill as many of them as possible outside the U.S. or at our border to “deter” other refugees from coming.

 

Indeed, the Administration’s absurdly inhuman and unlawful  proposal to keep refugees from leaving the very countries where they are being persecuted, without addressing the conditions there, is basically that having them die, be tortured, or abused there is just fine with us. Whether folks like to face it or not, that is indeed a neo-Nazi philosophy. And, every day that Trump remains in the office for which he is so supremely unqualified further corrupts our nation.

 

PWS

 

07-02-19

 

 

 

[BUREAU] ‘CRATS CONTINUE TO FLEE SINKING DHS SHIP AS ABUSES, LIES, COVER-UPS MOUNT — John Sanders Latest To Exit — Trump Taps Mark Morgan, Eager Architect Of Administration’s Temporarily Aborted “Community Reign of Terror” (A/K/A/ “Operation Wetback ‘19”) Program As Next Acting CBP Chief — Expect More Mindless Cruelty, Lies, False Narratives, White Nationalist Racism, Violations Of Law & Human Rights!

https://www.cnn.com/2019/06/25/politics/customs-and-border-protection-john-sanders/index.html

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Geneva Sands
CNN Digital Expansion 2019, Geneva Sands

Priscilla Alvarez and Geneva Sands report for CNN:

Washington (CNN)Acting Customs and Border Protection Commissioner John Sanders is resigning, he said in a message sent to agency employees Tuesday, amid the dramatic increase in the number of undocumented migrants crossing the border, a fight over how to address it and controversy over how children are being treated.

“Although I will leave it to you to determine whether I was successful, I can unequivocally say that helping support the amazing men and women of CBP has been the most fulfilling and satisfying opportunity of my career,” Sanders writes. His resignation is effective July 5.

Acting Immigration and Customs Enforcement Director Mark Morgan is expected to take over as Customs and Border Protection in an acting capacity, according to a Department of Homeland Security official. Sanders’s resignation as acting head of CBP comes amid a crush of migrants at the border that has overwhelmed facilities. Earlier Tuesday, CBP held a call with reporters on squalid conditions at a Border Patrol facility in Clint, Texas.

Officials conceded that children should not be held in CBP custody, noting that the agency’s facilities were designed decades ago to largely accommodate single adults for a short period of time.

The Washington Post first reported Morgan’s move.

Over the weekend, President Donald Trump called off planned raids by US Immigration and Customs Enforcement, saying deportations would proceed unless Congress finds a solution on the US-Mexico border within two weeks. Before it was postponed, Mark Morgan had publicly confirmed an operation targeting migrant families and others with court-ordered removals was in the works.

Morgan, a vocal proponent of the President’s efforts, was another of Trump’s picks to lead ICE after abruptly pulling the nomination of Ron Vitiello.

Morgan briefly served as Border Patrol chief during the Obama administration before leaving the post in January 2017. He previously spent two decades at the FBI. He is expected to return to Customs and Border Protection, which encompasses Border Patrol.

Sanders assumed the post after Kevin McAleenan, the former commissioner, moved up to fill the role of acting homeland security secretary in the wake of Kirstjen Nielsen’s ouster this spring. In his role, Sanders has overseen the agency responsible for policing the US borders and facilitating legal trade and travel. It is also the frontline agency dealing with the surge of migrants at the southern border.

Robert Perez, the highest-ranking career official, is the current deputy commissioner. It is unclear if he will step into the acting commissioner position.

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<img alt=”100 children moved back to controversial Clint, Texas, border facility” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/180706121423-02-immigration-facility-0628-large-169.jpg”>

100 children moved back to controversial Clint, Texas, border facility

Before becoming acting commissioner, Sanders, served as the Chief Operating Officer at CBP, where he worked with McAleenan to address the operational needs of the agency and work on strategic direction.

As of June 1 this fiscal year, Border Patrol has arrested more than 377,000 family units, over 60,000 unaccompanied children, and over 226,000 single adults.

Sanders did not provide a reason for his departure.

Read Sanders’s letter here:

As some of you are aware, yesterday I offered my resignation to Secretary McAleenan, effective Friday, July 5. In that letter, I quoted a wise man who said to me, “each man will judge their success by their own metrics.” Although I will leave it to you to determine whether I was successful, I can unequivocally say that helping support the amazing men and women of CBP has been the most fulfilling and satisfying opportunity of my career.

pastedGraphic.png

<img alt=”100 children moved back to controversial Clint, Texas, border facility” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/180706121423-02-immigration-facility-0628-large-169.jpg”>

100 children moved back to controversial Clint, Texas, border facility

I’ve spent a significant amount of time over the last several days reflecting on my time at CBP. When I began this journey, Commissioner McAleenan charged me with aligning the mission support organizations and accelerating his priorities. Easy enough, I thought. What I didn’t appreciate at the time was how the journey would transform me professionally and personally. This transformation was due in large part to the fact that people embraced and welcomed me in a way that was new to me — in a way that was truly special. To this day, I get choked up when speaking about it and I can’t adequately express my thanks. As a result, let me simply say I will never stop defending the people and the mission for which 427 people gave their lives in the line of duty in defending. Hold your heads high with the honor and distinction that you so richly deserve.

Throughout our journey together, your determination and can-do attitude made the real difference. It allowed CBP to accomplish what others thought wasn’t possible…what others weren’t able to do. And even though there is uncertainty during change, there is also opportunity. I therefore encourage everyone to reflect on all that you have accomplished as a team. My hope is you build upon your accomplishments and embrace new opportunities, remain flexible, and continue to make CBP extraordinary. This is your organization…own it! Don’t underestimate the power of momentum as you continue to tackle some of this country’s most difficult challenges.

I will forever be honored to have served beside you. As a citizen of this great country, I thank you for your public service.

Take care of each other,

John

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Meanwhile, back at the ranch, the latest TRAC Report confirms that under Trump, the DHS, particularly ICE, has been ignoring real enforcement priorities to concentrate on often counterproductive, yet cruel, wasteful, and polarizing, improperly politicized enforcement aimed at non-criminals and those contributing to our country. In other words, terrorizing primarily Hispanic communities just because they can. And these racist attacks appeal to Trump’s base. Just part of the “ICE Fraud” that Morgan undoubtedly intends to bring over to CBP.  https://trac.syr.edu/immigration/reports/564/.

Not surprisingly, some dedicated and professional ICE Agents are tiring of Trump and his sycophants’ “malicious incompetence” that is demoralizing the agency and (as I had predicted long ago) turning it into probably the most hated, least trusted, least useful, and least effective law enforcement organization in America. Michelle Mark at Business Insider covers the “bad things that happen” when you have a “no values” White Nationalist President and exceptionally poor leaders like Tom Homan and Mark Morgan who lacked both the will and the backbone to stand up to Trump’s White Nationalist nonsense.  https://apple.news/AxFctS7mET3qBX419lPootw

It’s an out of control agency badly in need of professional leadership, practical priorities, and some restraint and professional discipline in both rhetoric and actions. In other words, it needs a real law enforcement mission with honest, unbiased, professional leadership. Not going to happen under Trump!

So, the next competent President will have her or his work cut out to reform and reorganize ICE into an agency that serves the national interests of the majority of Americans. Whether that can be done in ICE’s current configuration, given its overtly racist overtones and widespread lack of community trust under Trump, remains to be seen.  It could be beyond repair.

PWS

06-26-19