AWARD-WINNING NBC INVESTIGATIVE REPORTER JODIE FLEISCHER & THE “I-TEAM” TACKLE THE MAN-MADE DISASTER IN OUR UNITED STATES IMMIGRATION COURTS — Including A Clip Of Her Interview With Me — MUST SEE TV, MONDAY, SEPT. 25, ON THE 6 PM SEGMENT OF NBC4 NEWS!

Those of you who have seen Jodie in action know that she is a brilliant, hard-hitting, no holds barred investigative journalist who always gets to the bottom of her story — no matter how little some public officials want the truth to come out! She and her all-star investigative team, including Senior Investigative Platform Manager Rick Yarborough and Photojournalist Editor Stephen Jones, are relentless.

Using her contacts throughout the nation, Jodie shows you what our Government has been trying to hide for years — the ridiculous backlogs and impending failure of one of our nation’s largest, perhaps the largest, Federal Court system! I was stunned and amazed by the amount of technical knowledge and feeling about the human side of this needless national tragedy that Jodie brought to her interview with me.

The judges and staff of the Immigration Court work hard. That’s always been true. But, that has not helped many of the vulnerable individuals caught up in the morass and not always finding the justice that our laws promise them. Similarly, it does not serve the true needs of DHS enforcement to have results determined by the number of pending cases in a particular court, many of which should have long ago been settled by the responsible exercise of prosecutorial discretion as they would have been in almost any other high volume court system in America.

What has happened to the United States Immigration Courts under the control of the U.S.Department of Justice is a sad tale of bureaucratic incompetence, intransigence, inbreeding, improper influence by enforcement authorities, and inability to provide the independent judiciary that can deliver on the court’s forgotten promise of “guaranteeing fairness and due process for all.” This has combined with a disturbing lack of Congressional oversight and reform. How can we clean up this tragic “train wreck” that threatens to topple the entire Federal Court System and to undermine our nation’s Constitution and our ideals?

Over three quarters of U.S counties now have residents in the Immigration Court system! But, even if you aren’t one of them, or a relative, friend, neighbor, employer, teacher, student, employee, patient, customer, or fellow parishioner of one of them, this mess affects you as an American. If this is the way we treat the most vulnerable among us, what’s going to save you when your precious rights are challenged in a U.S. justice system that has lost sight of justice?

Tune in Monday night to find out more about one of “America’s Most Underreported Crises.” Those interested should be able to “live stream” NBC4 News at 6 with the NBC4 app. I assume it will also be available online in the NBC4 app archives under “Investigative Reporting” once the piece has aired.

PWS

09-23-17

MORE IMMIGRATION COURT INSANITY! — DHS REPORTEDLY STRIPS OWN ATTORNEYS OF AUTHORITY TO NEGOTIATE BONDS, WAIVE APPEALS!

Sources from several areas of the country have informed me that there is a new, of course unpublished and unannounced, policy at DHS prohibiting ICE Assistant Chief Counsel who represent the agency in U.S. Immigraton Court from either negotiating bonds with private counsel or waiving appeals from U.S. Immigraton Judge decisions ordering release on bond.

This is just further evidence of the consequences of having ignorant proponents of “gonzo enforcement” in charge of both the DHS and the U.S. Immigraton Courts at the Department of Justice.

First, negotiated bonds are one of the key ways of making bond dockets move forward in an efficient manner in the U.S. Immigraton Courts. Bonds are initially sent by ICE Enforcement personnel, often on an arbitrary or rote basis. Without authority to negotiate bonds, particularly in advance, each bond hearing will take longer. Moreover, since bond cases take precedence in Immigraton Courts, longer bond dockets will further limit the already inadequate court time for hearing the merits of removal cases. With a growing backlog of over 600,000 cases, this appears to be an intentional effort to undermine due process in the Immigration Courts. Typically, when I served at the Arlington Immigration Court, at my encouragement, the parties agreed on most bonds in advance and neither party appealed more than 1%-2% of my bond decisions. Indeed, discussing settlement with the Assistant Chief Counsel in advance was more or less of a prerequisite for me to redetermine a bond.

Second, appealing all bond release decisions will also overburden the already swamped Appellate Division of the U.S. Immigration Courts, the Board of Immigraton Appeals (“BIA”). As in the Immigraton Courts, bond appeal cases at the BIA take precedence and will push decisions on merits appeals further back in line.

Third, Immigraton Judges usually only prepare a bond decision (known as a “Bond Memorandum”) in cases where a bond appeal is actually taken. Since that currently happens only infrequently, the process is manageable. However, if appeals are taken in more cases, and Bond Memoranda are “priorities,” Immigration Judges will have to spend more time writing or dictating Bond Memoranda, further limiting their time to hear cases on the merits. Moreover, by making it more burdensome to release individuals on bond, the system actually creates an inappropriate bias against releasing individuals on bond.

Fourth, yielding to inappropriate pressure from the “Legacy INS,” the Clinton DOJ gave Assistant Chief Counsel regulatory authority to unilaterally stay the release of a respondent on bond under an Immigraton Judge’s order provided that: 1) the Director originally had set “no bond;” or 2) the original bond was set at $10,000 or more. That means that the DHS can effectively neuter the power of the Immigraton Judge to release an individual on bond pending the merits hearing. By contrast, the respondent has no right to a stay pending a decision by the Immigraton Judge not to allow release, unless the BIA specifically grants a stay (which almost never happens in my experience).

Fifth, unlike petitions to review final orders of removal, which must be filed with the appropriate U.S. Court of Appeals at the conclusion of all proceedings, judicial review of bond decisions is sought in the U.S. District Courts. More decisions denying bonds have the potential to create new workload issues for the U.S. District Court.

Fifth, the individuals in the DHS most with the most knowledge and expertise in how the U.S. Immigration Courts work are the Assistant Chief Counsel. Stripping them of their authority to control dockets and settle cases, authority possessed and exercised by every other prosecutor in America, is both dumb and insulting. In what other system do the “cops” have the authority to overrule the U.S. Attorney, the District Attorney, or the State’s Attorney on matters they are prosecuting in court? It also makes the Assistant Chief Counsel job less professional and less attractive for talented lawyers.

In short, the Trump Administration is making a concerted attack on both common sense and due process in the U.S. Immigration Court system. The results are not only unfair, but are wasting taxpayer funds and hampering the already impeded functioning of the U.S. Immigraton Court system. Unless or until the Article III Federal Courts are willing to step in and put an end to this nonsense, the quagmire in the U.S. Immigration Courts will become deeper and our overall U.S. justice system will continue to falter.

We need an independent Article I Immigraton Court now!

PWS

09-23-17

USE WITH EXTREME CAUTION! — HON. JEFFREY CHASE ON THE USE OF SO-CALLED AIRPORT STATEMENTS IN REMOVAL PROCEEDINGS — They Often Prove To Be Highly Unreliable!

https://www.jeffreyschase.com/blog/2017/9/21/the-reliability-of-airport-statements-in-removal-proceedings

Jeffrey writes in his blog:

“In August 2016 I organized and moderated the mandatory international religious freedom training panel at the immigration judges’ legal training conference in Washington, D.C. One of the panelists from the U.S. Commission on International Religious Freedom (“USCIRF”) informed me of a just-published report she had co-authored.

The report, titled Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal, is the follow-up to a 2005 study by USCIRF of the treatment of arriving asylum seekers in their interactions with the various components of DHS and the Department of Justice involved in the expedited removal process. What jumped out at me from the report was the first key recommendation to EOIR: “Retrain immigration judges that the interview record created by CBP is not a verbatim transcript of the interview and does not document the individual’s entire asylum claim in detail, and should be weighed accordingly.”

The new report referenced the Commission’s 2005 findings, which it described as “alarming.” The earlier study found that “although they resemble verbatim transcripts, the I-867 sworn statements” taken from arrivees by agents of DHS’s Customs and Border Patrol (“CBP”) component “were neither verbatim nor reliable, often indicating that information was conveyed when in fact it was not and sometimes including answers to questions that were never asked. Yet immigration judges often used these unreliable documents against asylum seekers when adjudicating their cases.”

The 2016 report found similar problems with the airport statements taken a decade later. The study found the use of identical answers by CBP agents in filling out the form I-867 “transcript,” including clearly erroneous answers (i.e. a male applicant purportedly being asked, and answering, whether he was pregnant, and a four year old child purportedly stating that he came to the U.S. to work). For the record, USCIRF is a bipartisan organ of the federal government. So this is a government-issued report making these findings.”

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Read the rest of Jeffrey’s analysis at the above link.

Too bad that the Trump Administration has eliminated Annual Immigration Judge Training! With a bunch of new Immigration Judges on board and the push to rubber stamp removals as quickly as possible to comply with the President’s Executive Orders on Enforcement, I guess there is no time for training in how to make correct decisions.

In fact, when judges have enough experience to know what’s really happening and are able to selectively regulate the speed of cases to make sound decisions and achieve due process, they find out that there are lots of problems in how the DHS prepares and presents cases, not all of which immediately meet the eye.

To state the obvious, how would an unrepresented respondent in detention get together the necessary Circuit Court case law to learn and effectively challenge unreliable airport statements introduced by DHS Counsel? How would he or she subpoena Immigration Officers or get documentation necessary to show that many airport statements are prepared by rote with exactly the same information in the same language. Mistakes as to age, gender, and “best language” of applicants are common, suggesting that the reports too often have little to do with the actual facts of a particular case.

Short answer, they wouldn’t! As a result, the chances of the Imigration Judge using unreliable information to reach an incorrect decision against the respondent greatly increase.

And their use in the “kangaroo court” procedure known as “Expedited Removal” where enforcement officers make the decisions is prima facile problematic. Someday, all of the Article III Judges who have turned a blind eye to this unconstitutional procedure will have their judicial records forever tarnished in the light of history.

No wonder this Administration likes to detain individuals in out of the way locations (where conditions are coercive and lawyers are not readily available) to make their removal stats look good. And, while most Immigration Judges are conscientious, without a good lawyer to help pick apart the weaknesses and inaccuracies that are often in airport statement, invoking concepts drawn from Federal case law, the possibility of an incorrect or unjust decision is much greater.

We need an independent Article I U.S. Immigraton Court whose sole objective is achieving due processs and making correct legal decisions. And, that would include providing regular in person judicial training from a wide range of sources, including academic experts and those with litigation experience outside the government, on how to fairly evaluate evidence. It would also include a focus on insuring that every individual who goes to a “Merits Hearing” in Immigraton Court has a fair chance to be represented by counsel and reasonable access to his or her lawyer and the evidence and resources necessary to prepare a successful case.

PWS

09-22-17

WHEN DEPORTATION IS A DEATH SENTENCE!

https://www.washingtonpost.com/news/morning-mix/wp/2017/09/21/he-said-deportation-would-kill-him-his-body-was-found-in-mexico-this-week/

Kyle Swenson writes in the Washington Post:

“Juan Coronilla-Guerrero promised deportation to Mexico would kill him and it did.

On Sept. 12, four armed men burst into a house in San Luis de la Paz in central Mexico looking for the 28-year-old married father. The gunmen went to the bedroom where Coronilla-Guerrero was sleeping with his young son, jammed a pistol to his temple and took him away. “Don’t worry, my love. Don’t worry,” he told his son before disappearing, according to an account in the Austin American-Statesman.

“I knew that if he came back here, they were going to kill him,” Coronilla-Guerrero’s wife told the paper. “That’s what happened.”

Coronilla-Guerrero’s body was found last week on the side of a road 40 minutes away from the house where he had been staying in Central Mexico. The death occurred three months after Coronilla-Guerrero and his family begged a federal judge not to catapult him back over the border for fear of the Mexican gangs they had illegally crossed the border to flee in the first place.

Coronilla-Guerrero’s warnings had apparently been well-founded — his wife (who has not used her first name publicly for safety reasons) — has indicated she believes a gang was responsible for the killing. The violence now serves as a grim reminder of the life facing some immigrants after they’ve been taken into Immigration and Customs Enforcement custody and worked through the immigration courts.

 

The case raised alarms from the start. On March 3, Coronilla-Guerrero was arrested at the Travis County Courthouse. He was in the building to face two misdemeanor charges — marijuana possession and family violence. Although he had already been arrested and deported in 2008, Coronilla-Guerrero made the appearance to address the charges; both he and his wife said the family violence charge was a misunderstanding and Coronilla-Guerrero had not abused his wife.

“He wanted to do the right thing and he appeared at his second court date,” Coronilla-Guerrero’s wife told the Austin American-Statesman. “When he was leaving, immigration agents were waiting for him and took him. He didn’t even get to say goodbye to me, or to his son, because now we don’t even know where he is going to be.”

The arrest, however, triggered larger concerns. In the wake of President Trump’s increased emphasis on immigration control and promises to build a border wall with Mexico, many observers were worried ICE agents would use the criminal justice system as a fishing ground for undocumented defendants. At the time of the arrest, KVUE reported it was the first time federal immigration agents had made an arrest at the courthouse.

 

“It struck me as extraordinary,” Daniel Betts, Coronilla-Guerrero’s attorney, told the station.

Following his deportation, Coronilla-Guerrero went to live with his wife’s family in San Luis de la Paz while his wife stayed in Texas. Following his death, she returned to Mexico. Local authorities reportedly have not released any information on the death.”

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As my friend and former colleague Judge Dana Leigh Marks says, “like trying death penalty cases in traffic court.” We need an independent Article I Immigraton Court to inbsure that the DHS and Sessions (the “real” head of DHS Enforcement) comply with the law and due process!

The stakes are far too high to be entrusted to an administrative court held captive by Jeff Sessions!

PWS

 

ADMINISTRATION TRASHES RULE OF LAW, DENIES DUE PROCESS AT U.S. SOUTHERN BORDER!

Guillermo Cantor writes in Immigration Impact:

“U.S. immigration officials have a long history of overstepping the boundaries of their legal authority and violating the constitutional and other legal rights of migrants at the Southwest border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; immigrant rights organizations and media outlets have reported on those violations for years.

Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants, a new report released by the American Immigration Council, is the most recent effort to document such violations. The report shows the extent to which U.S. immigration officials prevent migrants in their custody from accessing critical information and processes, which in many cases jeopardizes their chances to access various forms of immigration relief. Specifically, the report examines whether U.S. immigration agents properly inform migrants of their rights, actively obstruct their ability to exercise these rights, coerce or intimidate migrants in their custody, or neglect to provide removal documents to migrants at the time of repatriation.

The study is the result of a collaboration between the Council and the Mexico-based Binational Defense and Advocacy Program (in Spanish, Programa de Defensa e Incidencia Binacional, or PDIB), a Mexican human rights initiative established in 2010 to document abuses perpetrated against repatriated Mexican immigrants during their time in the United States. With staff currently located in three different sites—Nogales, Sonora; Nuevo Laredo, Tamaulipas; and Ciudad Juárez, Chihuahua—PDIB interviews migrants upon deportation to Mexico on an ongoing basis.

Based on new survey data (600 interviews) collected by PDIB between August 2016 and April 2017 and testimonies gathered between August 2016 and May 2017, the study found that migrants are frequently deprived of legally required information, told they cannot contact their consulates, compelled to sign documents they cannot read or understand, threatened with protracted detention, and blocked from applying for asylum and other legal claims.

For example, half of the respondents who signed repatriation documents reported that they were not allowed to read the documents before they signed them; 57.6 percent did not receive their repatriation documents; 43.5 percent were not advised of their right to contact their consulate; more than half (55.7 percent) were not asked if they feared returning home.

This report is perhaps the first attempt to systematically analyze the prevalence of denied access to critical information among migrants in U.S. custody. Some of the issues highlighted here, however, have been raised by advocates and been subject to litigation in the past. One concrete example is the case of immigration agents misleading migrants into waiving their right to a removal hearing by signing for voluntary return.

When immigration authorities deprive migrants of critical information regarding their rights or the opportunity to exercise them, migrants may face unjust deportation and lose the ability to ever seek legal admission or apply for asylum in the future. As the U.S. government promises to institute a new level of immigration enforcement, the behavioral patterns of U.S. immigration authorities highlighted in this report are a source of concern.“

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This is what Jeff “Gonzo Apocalypto” Sessions’s disingenuous claims about the “Rule of Law” really mean. And, for EOIR to post on its website DOJ propaganda about how ramming through more final orders of removal, many without full due process because individuals were given not given legally sufficient notice of their hearings, were effectively denied their right to counsel, were denied the opportunity to gather documentation necessary for their cases, or were coerced into withdrawing claims or waiving appeals, has something to do with the Imigration Courts’ mission is simply more proof that the current system has become a disgraceful mockery of justice.

America needs an independent Article I Immigration Court, now!

PWS

09-21-17

 

MUST SEE TV FROM PBS: Judge Dana Leigh Marks Explains The Dire Backlogs In U.S. Immigration Courts & Why They Are Becoming Worse Every Day!

http://www.pbs.org/newshour/bb/dire-immigration-court-backlog-affects-lives/

Click the above link to see John Yang of PBS interview United States Immigration Judge Dana Leigh Marks of the U.S. Immigration Court in San Francisco, speaking in her capacity as President of the National Association of Immigration Judges (“NAIJ”).

FULL DISCLOSURE: I am a “retiree member” of the NAIJ.

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As this interview shows, this problem has been building steadily under the past three Administrations. However, the “gonzo enforcement” policies of the Trump Administration, combined with “ADR” (“Aimless Docket Reschuffling”) caused by poorly planned, and in many cases unneeded, details of Immigration Judges from backlogged “home dockets” to obscure detention centers along the Southern Border in response to Trump’s Executive Orders on enforcement, made worse by constant threats to mindlessly throw DACA individuals and TPS holders into the already overwhelmed system have greatly and unnecessarily aggravated an already bad situation.

Judge Marks points out that nearly 40% of the current U.S. Immigration Judiciary, including all of the most experienced judges, are eligible or nearly eligible to retire. That would mean a whopping 140 new Immigration Judge hires in a short period of time in addition to filling the current approximately 50 vacancies and any other positions that might become available. That adds up to approximately 200 new judicial vacancies, not counting any additional positions that Congress might provide.

No Administration has been able to competently hire that many new judges using a proper merit selection process. Indeed, the last Administration, using a system that could hardly be viewed as ”merit based,” took an astounding average of nearly two years to fill a vacancy on the U.S. Immigration Court! That’s amazing considering that these are administrative judges who do not require Senate confirmation.

The total unsuitability of the U.S. Justice Department to be administering the U.S. Immigration Courts has been demonstrated not only in terns of misuse of the courts for politicized law enforcement objectives, but also in terms of poor planning and stunningly incompetent judicial administration.

We need an independent Article I U.S. Immigration Court, and we need it now!

PWS

09-20-17

 

 

MARK JOSEPH STERN IN SLATE: Rule Of Scofflaws! — Trump, Sessions Have No Regard For Law Unless It Suits Their Disingenuous Purpose!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/the_trump_administration_s_lawless_attacks_on_sanctuary_cities.html

Stern writes:

“The Trump administration’s latest attempt to punish sanctuary cities hit a snag on Friday when a federal court ruled the Justice Department cannot withhold public safety grants from jurisdictions that refuse to assist federal immigration authorities. Attorney General Jeff Sessions had attempted to prevent cities and states from receiving these funds unless they cooperatedwith immigration officials’ crackdown on undocumented immigrants. The court held that Sessions in fact has no power to attach new restrictions to the grants, rendering most of his new rules unlawful.

Mark Joseph SternMARK JOSEPH STERN

Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Friday’s decision marked the second time a court has blocked Sessions’ attempts to penalize sanctuary cities by depriving them of federal grants. It also comes on the heels of a sweeping ruling that froze the most controversial provisions of Texas’ new anti–sanctuary cities bill. Earlier this month, the White House declared that Donald Trump is “restoring law and order to our immigration system.” But in their haste to adopt a restrictionist immigration regime, Trump, Sessions, and their fellow Republicans have shown a consistent disdain for federal statutes and constitutional protections.

Consider Sessions’ latest sanctuary cities imbroglio. In July, the attorney general created new criteria for Byrne Memorial Justice Assistance grants, which dispense hundreds of millions of dollars to state and local law enforcement. Under these rules, jurisdictions would not be eligible for Byrne grants unless they collaborate with Immigration and Customs Enforcement officials. Most pertinent here, law enforcement officials would have to give ICE agents access to local jails and, if the agency is interested in detaining an undocumented immigrant, notify ICE 48 hours before that person is set to be released. Chicago sued, alleging that the new rules were illegal.

Where does Sessions get the authority to impose these conditions on Byrne grants? Nowhere, as Judge Harry D. Leinenweber of the Northern District of Illinois pointed out in his ruling siding with Chicago. The Constitution grants Congress, not the executive branch, authority to impose conditions on federal funding. And Congress has never authorized the Justice Department, which is part of the executive branch, to force Byrne grantees to work with ICE. Sessions simply usurped Congress’ authority to make new rules.

When Chicago sued Sessions over the Byrne conditions in August, the attorney general put out a Trumpian statement asserting that the city “proudly violate[s] the rule of law” by protecting undocumented immigrants. But as Leinenweber explained on Friday, it was Sessions, not Chicago, who was acting lawlessly.

It’s surprising that Sessions would try to meddle with Byrne grants given that his first foray into sanctuary city–bashing failed so spectacularly. In Trump’s first days in office, the president issued an executive order directing the attorney general and Homeland Security secretary to withhold all federal grants and funding from sanctuary jurisdictions. Multiple cities quickly filed suit to defend their sanctuary policies. Sessions’ Justice Department, which apparently realized this order would violate multiple constitutional provisions, told a federal court that in reality, the order was nothing more than a narrow warning to sanctuary cities that the government would enforce current grant conditions.

In April, U.S. District Judge William Orrick blocked the order as an unconstitutional abomination. In his decision, Orrick essentially mocked the Justice Department, writing that he would not accept the DOJ’s “implausible” interpretation as it would transform Trump’s order into “an ominous, misleading, and ultimately toothless threat.” Instead, he analyzed the text of the order and found that it infringed upon constitutional separation of powers; coerced and commandeered local jurisdictions in violation of the 10thAmendment; and ran afoul of basic due process principles.

The White House promptly complained that Orrick “unilaterally rewrote immigration policy for our Nation” in an “egregious overreach.” Ironically, that is almost exactly what Trump had done through his executive order, illegally attaching new conditions to federal funds without congressional approval. Orrick had merely enforced the law; it was Trump who tried to change it unilaterally.

Neither of the Trump administration’s unlawful immigration power-grabs is as startling as SB 4, a Texas bill targeting sanctuary cities that Sessions’ Justice Department has defended in court. Confident in their measure’s legislative success, Texas Republicans turned SB 4 into a compendium of the most draconian possible attacks on sanctuary jurisdictions. The bill compelled local police to enforce immigration law, cooperate with ICE agents, and detain potentially undocumented immigrants; it also censored local officials who wished to speak out against the law. Law enforcement officers who ran afoul of SB 4 would face massive fines, jail time, and removal from office. Government employees who criticized the measure could also be fined and stripped of their positions.”

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Let’s get this straight: the “rule of law” to Sessions means laws aimed disproportionately at Latinos, Blacks, Muslims, undocumented migrants, non-white immigrants, LGBTQ individuals, ethnic communities, jurisdictions that voted for Democrats, legal marijuana users and businesses, innocent victims of civil forfeitures, and “leakers” (many would say “whistleblowers”) who are career civil servants. In other words law enforcement that in some disturbing ways parallels the “Jim Crow” laws in Alabama and other Southern States to which Sessions would apparently like to return (only with a greater emphasis on targeting Latinos, rather than Blacks, although he has little use for the latter now that the confirmation process is complete during which he “conned” a couple of Blacks into saying he wasn’t a racist.)

I remember from my youth hypocritical Southern racists like George Wallace asserting the false mantle of “the rule of law” and “states rights” for enforcing blatantly discriminatory racial laws while stomping on the actual legal and constitutional rights, and often lives, of Black citizens. Sessions has little or no intention of enforcing laws relating to civil rights protections, voting rights, protections for LGBTQ individuals, protections against local police abuses, due process for migrants in and outside of the U.S. Immigration Court process, environmental protection, constitutional conditions of detention, and ethics. Sessions is clearly a liar, if not a perjurer (which he might be) under legal definitions.

We should all be concerned that this totally unqualified and disingenuous individual has been put in charge of the U.S. justice system. I’ve commented earlier on the glaring unsuitability of individuals like Greg Abbott and Ken Paxton to be governing a state with a significant Hispanic population.

And, Stern’s article didn’t even raise Trump’s greatest and most audacious abuse of the rule of law: his totally unjustified and inappropriate abuse of the Presidential Pardon authority by pardoning the unrepentant, unapologetic “Racist Joe.” Think about what “Racist Joe” stands for, as described by a U.S. District Judge who found him guilty of contempt of court after trial for his continuing, knowing, and intentional abuses of the constitutional rights of Latino citizens and prisoners, among others. In what way does “Racist Joe” deserve a pardon? How would you feel if you were a Hispanic citizen or a detainee who had his or her constitutional rights intentionally violated and was victimized by this arrogant, bullying, racist? The innocent suffer while the guilty go unpunished. What kind of “rule of law” is that?

Then think of all the GOP “politicos” who “palled around” with “Racist Joe” and his toxic sidekick Kris Kobach and even sought their endorsements! That’s because it would help with the racist, White Supremacist “core vote” that has allowed the GOP to gain control of much of the U.S. governing structure notwithstanding the party’s extremist views and generally destructive agenda.

This is very reminiscent of how the “White Southern racist base” helped the Democrats maintain a stranglehold on government for the bulk of the mid-20th Century. Assume that the “Trump base” is 20% of the electorate and only 15% fit my foregoing description. That means without the racist White Supremacist vote, the GOP and Trump would have polled  around 31% of the popular vote, not enough to win even with the idiosyncrasies of our electoral system that favor the GOP minority!

PWS

09=19-17

WASHPOST: CALIFORNIA LEADS THE WAY WITH SANE IMMIGRATION ENFORCEMENT POLICY!

https://www.washingtonpost.com/opinions/trumps-immigration-crackdown-hits-a-speed-bump/2017/09/18/d2cfe5e2-9caf-11e7-9083-fbfddf6804c2_story.html?utm_term=.71f46f2f1bb2

The Editorial Board writes:

“PRESIDENT TRUMP’S campaign against immigrants who are in the country illegally has triggered a backlash in some Democratic-leaning states and localities. Perhaps the most sweeping example just emerged from the state legislature in California, which extended so-called sanctuary protections to people who lack legal authorization to live in the United States. Gov. Jerry Brown (D) agreed to sign the legislation, known as the California Values Act, after insisting on changes that injected a much-needed dollop of restraint to the original bill, which disregarded public safety in its determination to shield illegal immigrants.

The bill’s supporters boast that it has made California, where at least a fifth of the nation’s roughly 11 million undocumented immigrants live, the first bona fide “sanctuary state.” Local police and sheriffs may no longer ask about people’s immigration status in many cases, nor hold most detainees behind bars at the request of federal immigration agents.

Similar if less sweeping laws in scores of cities and counties nationwide have infuriated the Trump administration, prompting the Justice Department’s counterproductive threat to withhold federal law enforcement funds from so-called sanctuary localities. In a challenge to that threat brought by Chicago, a federal judge ruled last week that the funds could not be withheld without Congress’s say-so.

The California bill, like the court ruling, limits the administration’s enforcement discretion. It does so in keeping with common sense.

In its modified form, the bill, passed by lawmakers on a straight party-line vote, allows — but does not require — localities to cooperate in detaining and handing over undocumented immigrants convicted of one or more on a list of some 800 violent and serious crimes. They include sex offenses, arson, domestic violence and even some lesser crimes chargeable either as misdemeanors or felonies.

It’s critical that even the state’s most liberal precincts — we’re talking to you, San Francisco — receive that message. It’s one thing to stand on the principle that illegal immigrants, most of whom have been in the country for 15 years or more, are a productive and vital part of America’s social fabric. It’s another to turn a blind eye to undocumented residents who have committed major crimes, imperil public safety and should be removed. As Mr. Brown put it on NBC’s “Meet the Press,” those who have committed serious crimes “have no business being in the country.”

 

The final bill allows more cooperation between federal and local law enforcement agencies than many advocates for illegal immigrants would like. Immigration agents will be allowed to interview people in jails, though they’ll be barred from setting up offices in them, and they’ll have access to some California enforcement databases under rules set by the state attorney general.

The attempt at striking a legislative balance prompted the state police chiefs’ association, but not the sheriffs’ association, to drop its initial opposition to the bill. The generally more lenient stance by police reflects the challenge they face in cultivating strong relations with immigrant communities, without which neither victims nor witnesses will cooperate with them. Such on-the-ground facts have carried the day in California. The administration should take note.”

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Facts don’t matter in Gonzo Apocalypto’s White Nationalist crusade against immigrants and Latinos. His sanctuary cities threats have never had anything to do with effective law enforcement. He hasn’t shown any interest in understanding the legal and law enforcement issues here, nor has he ever tried to sit down with state and local authorities with an open mind to find common ground that accommodates the legitimate needs of both the Feds and the locals.

In a recent NY Times article, one sheriff pointed to Sessions’s willful ignorance of the law:

“A meeting this spring between Mr. Sessions and several sheriffs offered one reason the Trump administration may seem so far out of sync with local authorities on the issue. According to one sheriff who was there — Richard Stanek of Hennepin County, Minn. — when the federal court decisions from the last three years concerning extended jail holds came up in discussion, Mr. Sessions appeared to be unfamiliar with them.
“He was still living in 2014,” Mr. Stanek said. “He had no idea what we were talking about.”

Legal knowledge has never been a factor in Sessions’s long career built on bias, racism, White Nationalism, and reading false narratives from “cue cards” prepared by restrictionists.  I’m actually surprised that Sessions was only three years behind the times here; most of his policies, pronouncements, and “Gonzo” views are firmly rooted in the “Jim Crow” Alabama of the 1950s and 1960s (although current Alabama politics where twice-defrocked “judge,” racist theocrat Roy Moore is a likely winner to replace Sessions provides little evidence that the nearly all White Alabama GOP electorate has ever gotten out of the Jim Crow era — what a total disgrace!)

Compare Gonzo’s incompetent and tone deaf approach with that of a real public servant like Gov. Jerry Brown who knows how to bridge the gap to achieve a balanced approach. Compare California’s carefully constructed Senate Bill 54 with Texas’s overbroad and racially motivated SB 4, much of which was recently enjoined by a Federal Court. Compare real leadership with the pandering to white restrictionists and divisive actions of Tex. Gov. Greg Abbott and Tex. AG Ken Paxton, who steadfastly fail to represent or consider the legitimate interests of their many Hispanic residents while working with the GOP to disenfranchise minority, primarily Hispanic, voters.  Balance just isn’t a factor in the Trump/Sessions immigration enforcement program or in the actions of unfit public officials like Abbott and Paxton.

PWS

09-19-17

 

IMMIGRATIONPROF: Dean Kevin Johnson Gives Us The Supreme’s “Immigration Lineup” For Oct. 2107 — It’s Much More Than Just The Travel Ban!

http://lawprofessors.typepad.com/immigration/2017/09/sessions-v-dimaya-oral-argument-october-2-jennings-v-rodriguez-oral-argument-oct-3-trump-v-intl-refugee-assistance-p.html

Dean Johnson writes:

”The Supreme Court will hear four oral argument in four cases in the first two weeks of the 2017 Term. And the cases raise challenging constitutional law issues that could forecever change immigration law. Watch this blog for previews of the oral arguments in the cases.

Sessions v. Dimaya, Oral Argument October 2. The U.S. Court of Appeals for the Ninth Circuit, in an opinion by the liberal lion Judge Stephen Reinhardt, held that a criminal removal provision, including the phrase “crime of violence,” was void for vagueness.

Jennings v. Rodriguez, Oral Argument, October 3. The Ninth Circuit, in an opinion by Judge Kim McLane Wardlaw, found that the indefinite detention of immigrants violated the U.S. Constitution.

Dimaya and Jennings are being re-argued, both having originally been argued before Justice Scalia. One can assume that the eight Justice Court was divided and that Justice Gorsuch may well be the tiebreaker.

The final two immigration cases are the “travel ban” cases arising out of President Trump’s March Executive Order:

Trump v. Int’l Refugee Assistance Project. Oral Argument October 10.

Trump v. Hawaii. Oral Argument October 10.”

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Go on over to ImmigrationProf Blog at the above link where they have working links that will let you learn about the issues in these cases.

PWS

09-18-17

CAL LAW PLEASES LA LAW ENFORCEMENT BUT “PO’S” ADMINISTRATION! — LA Says, “We are committed to reducing crime through community partnerships and constitutional policing!” — If only “Gonzo” Shared Those Objectives!

http://www.latimes.com/local/lanow/la-me-ln-mcdonnell-immigration-20170916-story.html

Gale Holland reports for the LA Times:

“California’s new “sanctuary state” bill limiting local law enforcement cooperation with federal immigration agents drew support Saturday from Los Angeles officials, but a stinging rebuke from the Trump administration, whose Justice Department said the measure “undermines national security and law enforcement.”

Mayor Eric Garcetti said he was “grateful” to the legislature, while Police Chief Charlie Beck said the bill built on 40 years of the city’s efforts to foster trust in immigrant communities.

“We are committed to reducing crime through community partnerships and constitutional policing,” said Beck.

The legislation passed early Saturday drastically scaled back the version first introduced, the result of tough negotiations between Gov. Jerry Brown and the bill’s author, Sen. Kevin de León (D-Los Angeles), in the final weeks of the legislative session. The bill, SB 54, must still be signed by the governor.

 

Los Angeles County Sheriff Jim McDonnell, an early and prominent opponent of the bill, said the changes had satisfied his concerns that it would hurt immigrants more than it would help them.

“While not perfect, [the bill] kept intact our ability to maintain partnerships with federal law enforcement officials who help us in the fight against gangs, drugs and human trafficking,” McDonnell said in a written statement. “It also retains the controlled access that the United States Immigration and Customs Enforcement has to our jails.”

The Trump administration, which earlier threatened to withhold federal grants from sanctuary cities, warned that the bill threatened public safety.

“Just last month another illegal alien allegedly killed a community volunteer, yet state lawmakers inexplicably voted today to return criminal aliens back onto our streets,” said Devin O’Malley, a spokesman for the U.S Department of Justice. “This abandonment of the rule of law by the Legislature continues to put Californians at risk, and undermines national security and law enforcement.”

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Read the rest of the article at the link.

As usual, the DOJ’s inflammatory reference to “another illegal alien” is totally counterproductive and spreads the “Sessions myth” that that the migrant community is synonymous with a crime wave and that gonzo law enforcement is good law enforcement.

But, the Trump Administration actually spends more time and effort removing so-called “collaterals” — individuals with no criminal record — from their communities — than it does either solving or preventing serious crime. And, it is destroying hard-earned trust between local communities and police while further and unnecessarily destroying the already overburdened U.S. Immigration Courts in the process. Now, that’s what I call “gonzo enforcement.” Everybody loses, including the Feds.

Obviously, communities want to remain safe from dangerous individuals. The overwhelming number of undocumented individuals in the community are law abiding residents who share the desire for a safe community in which to raise their families and are more likely to be victims of crime, key witnesses, or police informants than they are to be criminals.

From what I can see, the California law, at the insistence of Governor Brown (who helped out the GOP and the Administration when they punted), has preserved large areas of cooperation between the Feds and locals in taking dangerous individuals who happen to be foreign nationals off the streets. Rather than building upon this, and expressing some appreciation for the work of the Governor’s office in adjusting the bill to meet the legitimate needs for cooperation between state and local authorities, the DOJ just keeps reading from its shopworn (largely imaginary) “parade of horribles” that is intended to scapegoat migrant communities, and even ethnic Americans, many of whom live in those communities, without addressing the realistic needs for cooperative community policing or serious immigration reform.

We’ll see what happens. But, what California has come up with could conceivably serve as a model for smart local-federal cooperation on immigraton enforcement with a future and “smarter” and less ideologically driven DOJ and Administration.

PWS

09-16-17

 

 

TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT THREATENS TO DESTROY KEY INDUSTRY IN “RED STATE” — Spreading Myth That Migrants Are Bad & Steal Jobs From Americans Has Dire “Real Life” Consequences!

 

http://www.politico.com/magazine/story/2017/09/16/trump-immigration-crackdown-idaho-dairy-industry-215608?cid=apnJazmine Ulloa

Susan Ferriss reports in Politico:

“JEROME, IDAHO —In the Magic Valley of southern Idaho, milk is money.

Over 400,000 cows reside in this area, where the miracle of modern irrigation from the Snake River fed pioneer farming. Bovines now outnumber humans by more than two to one. Workers in rubber boots pull long shifts feeding livestock, clearing mountains of manure and extracting millions of pounds of milk all day, every day, all year, on ranches tucked into the rock and sagebrush-studded landscape. Sleek silver tankers filled with milk barrel down Interstate 84 toward dairy processing plants, among them one owned by Chobani, which opened the world’s biggest yogurt factory five years ago just down the road in Twin Falls. Since 2000, milk production has doubled in Idaho, providing the state with $10.4 billion in direct sales, according to University of Idaho economists. Chobani’s gleaming $750 million, cream-colored plant is just one of the many big businesses linked to Idaho’s voluminous milk production, now around third- or fourth-largest among states.

 

In short, the Magic Valley’s dairy boom is a contemporary rural American success story—the kind that President Donald Trump railed as a candidate is too often missing across the country. Unemployment here was less than 3 percent this summer, about as good as it gets, and optimism should be high. Yet on dairy farms, among both owners and workers, a sense of dread hangs in the dry southern Idaho air.

Dairy farmers lean heavily Republican in this deeply red state of only 1.7 million people, where 88 percent of the voting-age population are non-Hispanic whites. But in the age of Donald Trump—who won Idaho handily —even the farmers who supported the new president fear their businesses are about to run headlong into a harsh political reality. They’re frightened that Trump’s aggressive deportation policies will soon start to pick off or push away the mostly Hispanic immigrants who do the gritty work that Americans aren’t interested in doing. Many of these workers are probably undocumented, farmers acknowledge, yet they’re the sturdy backbone of a surging industry. Here in the Magic Valley, the farmers’ perspective is starkly different from the president’s claim that undocumented workers “compete directly against vulnerable American workers.”

An immigrant woman attaches cleans cows’ teats and attaches pumps in a state-of-the art milking parlor. Hundreds of cows file in and instinctively turn around to be milked, three times a day. Sometimes the animals kick and defecate, milkers say.
An immigrant woman attaches cleans cows’ teats and attaches pumps in a state-of-the art milking parlor. Hundreds of cows file in and instinctively turn around to be milked, three times a day. Sometimes the animals kick and defecate, milkers say. | Joy Pruitt for the Center for Public Integrity
And the farmers’ view is pitting them against a vocal contingent of neighbors who’ve responded both to Trump’s rhetoric and far-right media that has targeted immigrants as a threat. Southern Idaho, in fact, became a flashpoint for xenophobia this past year when outlets like Breitbart and InfoWars, seized on false reports about Muslim refugees—accusing them of gang rapes and the spread of fatal diseases like tuberculosis—and turned the remote area into an anti-immigrant cause celebre. But locally, it’s starting to sink in that Trump’s vows to oust undocumented workers—whom he claims are a drain on the economy—could actually kick the legs out from under the “Made in America” model the Magic Valley exemplifies.

Idaho dairy industry representatives estimate that between 85 to 90 percent of on-site dairy workers in the state are foreign-born. The U.S. Department of Labor and other estimates suggest that nearly half to 70 percent of all U.S. farm laborers are undocumented—certainly enough to shut down many of the milk pumps here if workers are ousted as a result of Trump’s policies.

That’s why farmers’ groups have for years pushed Congress, unsuccessfully, to make it possible for them to legally employ immigrants they say are desperately needed. Prospects don’t look any rosier now. In recent months, anti-immigrant rhetoric has only grown more vitriolic, and Trump supporters—including some here—are expecting the president to follow through on campaign promises and deport more people.

Those who understand the dairy business here fear that a political solution won’t materialize before it’s too late, if ever. And that means businesses could struggle due to labor shortages and plummeting production.

Shannon Perez, an American who was married to Mexican dairy worker who was deported, believes Americans don’t understand that the current immigration system doesn’t allow immigrant workers to “get legal.”
Shannon Perez, an American who was married to Mexican dairy worker who was deported, believes Americans don’t understand that the current immigration system doesn’t allow immigrant workers to “get legal.” | Susan Ferriss for the Center for Public Integrity
“The dairy industry is a big money maker. But without workers, without somebody that’s going to be there 12 hours a day, milking your cows, getting dirty, there’s no business,” said Shannon Pérez, a non-Hispanic Anglo, as people here say, who’s worked on dairy and calf ranches. She’s already watched helplessly as her own family was split by deportation.”

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Read the entire article at the above link.

For those of us who have worked in the field of immigration for decades, it is hardly surprising that policies driven by White Nationalism, xenophobia, and just plain old racism and meanness would hurt a wide and diverse swarth of Americans, including many of those same misguided souls who ignored the facts and voted Trump into office.

We need to screen the undocumented folks who are here now, remove those who are criminals or engaging in socially destructive conduct, and give some type of legal status to the rest. Then, we need to significantly expand the number of legal immigrants we accept each year to more closely match market demand, save more lives of those fleeing harm, harness the energy, skills, and talents that will allow us to prosper and lead in the future, and make future immigration enforcement rational, efficient, and effective (by not wasting time arresting, detaining, and deporting those who actually are here to help us).

Folks like Jeff Sessions are pushing an irrational program that if it actually were achievable (which is isn’t) would cripple and perhaps destroy both the economy and the social fabric of our great nation.

It’s time for the majority of “rationalists” (regardless of party affiliation) to band together and defeat the attack of a well-organized minority that is out to harm our country and endanger our future.

PWS

09-16-17

 

CAL LAWMAKERS APPROVE BILL TO PROTECT MIGRANT RESIDENTS! Gov. Brown Expected To Sign Into Law!

http://www.latimes.com/politics/la-pol-ca-california-sanctuary-state-bill-20170916-story.html

Jazmine Ulloa reports for the LA Times:

“California lawmakers on Saturday passed a “sanctuary state” bill to protect immigrants without legal residency in the U.S., part of a broader push by Democrats to counter expanded deportation orders under the Trump administration.

The legislation by Sen. Kevin de León (D-Los Angeles), the most far-reaching of its kind in the country, would limit state and local law enforcement communication with federal immigration authorities, and prevent officers from questioning and holding people on immigration violations.

After passionate debate in both houses of the Legislature, staunch opposition from Republican sheriffs and threats from Trump administration officials against sanctuary cities, Senate Bill 54 was approved Saturday with a 27-11 vote along party lines. But the bill sent to Gov. Jerry Brown drastically scaled back the version first introduced, the result of tough negotiations between Brown and De León in the final weeks of the legislative session.

On the Senate floor minutes before 2 a.m. on Saturday, De León said the changes were reasonable, and reflected a powerful compromise between law enforcement officials and advocates.

“These amendments do not mean to erode the core mission of this measure, which is to protect hardworking families that have contributed greatly to our culture and the economy,” he said. “This is a measure that reflects the values of who we are as a great state.”

It’s a wrap for the California Legislature for 2017. Here’s what lawmakers accomplished
Officially dubbed the “California Values Act,” the legislation initially would have prohibited state and local law enforcement agencies from using any resources to hold, question or share information about people with federal immigration agents, unless they had violent or serious criminal convictions.

After talks with Brown, amendments to the bill made this week would allow federal immigration authorities to keep working with state corrections officials and to continue entering county jails to question immigrants. The legislation would also permit police and sheriffs to share information and transfer people to immigration authorities if they have been convicted of one or more crimes from a list of 800 outlined in a previous law, the California Trust Act.

Some immigrant rights advocates who were previously disappointed with the list of offenses under the Trust Act, were dismayed to see the same exceptions applied in the so-called sanctuary state bill. The list includes many violent and serious crimes, as well as some nonviolent charges and “wobblers,” offenses that can be charged as a felony or misdemeanor, which advocates said has the potential to ensnare people who do not pose a danger to the public.

 

But immigrant rights groups did not withdraw their support for Senate Bill 54 and also won some concessions. Under the additions to the bill, the California Department of Corrections and Rehabilitation would have to develop new standards to protect people held on immigration violations, and to allow immigrant inmates to receive credits toward their sentences serviced if they undergo rehabilitation and educational programs while incarcerated.”

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Read the full article at the link.

While termed a “Sanctuary State” law, I think that is a misnomer. I’d call it more of a “Smart Immigration Enforcement” law.

The bill provides for a wide scope of cooperation, access, and information sharing aimed at getting dangerous migrants off the streets. At the same time, the bill does limit ICE’s notorious “bait and switch” tactic.

That’s when ICE puts out lots of hyperbole about “removing criminals” and “making communities safer,” while actually using state authorities to assist them in “sacking up” lots of so-called “collaterals” — generally law abiding productive members of the community who are among the millions residing in the United States without status. It’s the latter rather random use of Federal Immigration Enforcement authority that actually hurts communities, sows unnecessary fear, wastes resources, and makes communities less safe for everyone, regardless of status.

It appears that Gov. Brown took a proactive role in achieving this balance, since Republicans evidently were more anxious to pontificate than negotiate. Also, if, Trump and Sessions were truly interested in making America safer, it seems like negotiating deals with the locals that addressed the common need to remove criminals without creating unnecessary barriers between the police and otherwise law abiding members of the community without status would have made more sense than threats and public shaming. It’s also significant that although they had reservations about the compromise version, leaders of the immigrant community strongly supported the revised bill.

I’m sure that this new law will quickly end up in court.

PWS

09-16-17

 

 

 

5TH CIR BONKS BIA: Misdemeanor Evading Arrest Under Texas Penal Code § 38.04 (2011) Is NOT A CIMT! — Laryea v. Sessions

-5thCIMT

Laryea v. Sessions, 5th Cir., 09-12-17 (unpublished — sadly)

PANEL:

DAVIS, GRAVES, and COSTA, Circuit Judges.

PER CURIAM

KEY QUOTE:

“Here, examining the record of conviction, Laryea was convicted of a Class A misdemeanor, which does not involve flight using a vehicle. We hold that fleeing from a police officer, without more, does not rise to the level of moral turpitude because it is not “inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.”21 Therefore, we find that the conduct involved in Laryea’s offense, “intentionally flee[ing] from a person he knows is a peace officer

attempting lawfully to arrest or detain him,” is not a CIMT.”

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

The standard for crimes involving moral turpitude seems to me to be completely subjective and highly arbitrary. Hard to see how it passes constitutional muster, but it has, over many years. Interestingly, it appears that this Respondent was able to file his own petition for review. I wonder if he had “informal help.”

PWS

09-14-17

 

 

LA TIMES: After 9-11, As Usual, America Turned To It’s Hard-Working Undocumented Population To Do The “Dirty (& Dangerous) Work” — The Trump Administration Belatedly Wants To Reward Them With: DEPORTATION!

http://www.latimes.com/nation/la-na-911-immigrants-20170911-story.html

Barbara Demick reports:

“Within days of the terrorist attack that destroyed the World Trade Center, word spread in the immigrant neighborhoods of New York that workers were desperately needed to aid in the cleanup. The job would pay cash, about $10 an hour — no questions asked about Society Security cards or immigration status.

Then 32, Carlos Cardona had watched with horror from a construction site across the river in Brooklyn. Although his construction job paid a little better, he felt he ought to pitch in to help the country where he’d lived since his teens, having moved illegally from Colombia. He was married to a U.S. citizen and raising a 2-year-old daughter.

“The money wasn’t very good. But I felt I had to be there to do what I could,’’ Cardona said. “It was an emergency. We had to serve.”

Today he suffers from respiratory and digestive disorders, known as “World Trade Center syndrome,” that have left him unable to climb a flight of stairs and dependent for his medical care on clinics set up for 9/11 responders.

 

He also faces a predicament shared by up to 2,000 immigrants who helped to clean up after Sept. 11, 2001: the threat of deportation.

After more than three decades in the United States, Cardona was detained Feb. 28 after showing up for one of his regularly scheduled check-ins with the Immigration and Customs Enforcement office in New York. Days earlier, the Trump administration had issued a memorandum prioritizing the removal of immigrants in the U.S. illegally with criminal records.

“They told me there is a new president and the law has changed,’’ Cardona said. He had plead guilty to a nonviolent drug offense in 1990 and served 28 days in jail — which later hurt his ability to legalize his status despite being married to a U.S. citizen.

He was transferred to an immigrant detention center in Kearny, N.J., and then to a facility in Louisiana. His deportation was averted in June only through the intervention of his congressman, Joseph Crowley, and the New York governor, Andrew Cuomo, who issued Cardona a hasty pardon for the drug offense.”

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Read the complete article, which also describes legislative efforts to save these deserving Americans from the Trump-Sessions gonzo enforcement insanity.

Lets take a look behind The Administration’s misleading removal numbers.  We already know that most of the removals are “collaterals” without any serious criminal records.

But someone like Cardona is no-doubt misleadingly chalked up as a “drug felon deportation.” Yet, his nonviolent drug conviction was nearly three decades ago for which he served a grand total of 28 days (probably less time than he recently spent in ICE detention before politicos intervened in his behalf).

Since then, he apparently has lived a productive law abiding life, and is the husband of a US citizen and the father of a US citizen daughter. He had been faithfully and voluntarily showing up for his immigration check-ins until the Trump-Sessions-Kelly redefinition of “criminal priorities” snared him. (This is what passes for “law enforcement” in the Trump Administration.) And, he is disabled as a result of the dangerous work he undertook for our country after 9-11. He doesn’t fit any sane definition of a “criminal alien” or an “enforcement priority.”

Under the Obama Administration’s more reasonable and realistic “enforcement priorities” he would have been given  prosecutorial discretion (“PD”). Yet, but for some unusual high level intervention, he would have been summarily removed by this Administration (and, by no means it it clear hat he won’t eventually be removed).

So, the next time you hear Jeff “Gonzo Apocalypto” Sessions or anyone else in this Administration pontificate about the importance of immigration enforcement, you can be pretty sure that the real story is something quite different from the White Nationalist restrictionist narrative they are trying to pass off on the public. Sessions and Trump are proven, and brazen, liars. And their “gonzo” immigration enforcement program is hurting, not protecting, America.

PWS

09-12-17

TAL KOPAN AT CNN: WE’LL SOON LEARN IF THERE IS ANY LIMIT TO THE TRUMP ADMINISTRATION’S BAD IMMIGRATION POLICIES: Hundreds Of Thousands Of U.S. Workers & Families In “TPS” Status Anxiously Await Word Of Their Fate!

http://www.cnn.com/2017/09/11/politics/next-daca-tps-temporary-protected-status/index.html

Tal reports

“To qualify for protections from El Salvador, recipients must have lived in the United States since 2001, and for Honduras, it’s 1998, meaning any revocation of the program would upend lives built in the United States for nearly 20 years.
Lawmakers have been pressing the Trump administration to preserve temporary protected status for the countries whose deadlines for redesignation are coming up soon, citing the communities that would be harmed. At a meeting in July with members of the Congressional Hispanic Caucus, then-Homeland Security Secretary John Kelly indicated he could end Haiti’s status but hadn’t made a decision on Central America.
In addition to the humanitarian concerns, supporters of the program point to analyses that show an economic impact from revoking it.
“If El Salvador terminates, literally 260,000 eligible workers will fall out of the workforce at the stroke of midnight on whatever day that happens,” Rodriguez said.
An analysis by the Immigrant Legal Resource Center, which advocates for pro-immigration policies, found that deporting all the immigrants from El Salvador, Honduras and Haiti who have temporary protected status would cost $3.1 billion and take away $6.9 billion in contributions to Social Security and Medicare and $45.2 billion to the gross domestic product over a decade. Turnover costs for their employers would total nearly $1 billion.
“There’s different elements to the concern,” said Rep. Zoe Lofgren, a Democrat from California. “First, in the case of people who’ve been here a considerable period of time, people become members of their community, and so … a couple decades later, you own businesses, you have families, you have grandchildren, you’re kind of part of our situation here.”
Lofgren said the designated countries often remain in dire straits, and sending people back to them would be “unwise.”
The program is one of the issues that Congress needs to tackle as part of immigration reform because insisting on keeping recipients’ status temporary becomes untenable, she said.
“There should be some rational way to transition people who have been here for a long time, and in the case of these people, they’ve been here in legal status, who because of the length of their stay have basically become valued members of our community,” Lofgren said. “That’s a matter of a change of immigration law.”
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Read Tal’s complete article at the link.
Terminating TPS would further de-stabbilize the U.S. Immigration Court system because many, probably the majority of TPS recipients have court cases that were “administratively closed” and therefore taken off that Court’s docket (currently totalling more than 610,000 cases with some hearings already scheduled four or more years in the future). Merely the preliminary act of “moving to re-calendar” the TPS cases all at once could crash the court system, given its current non-automated, largely manual, paper intensive procedures and lack of any e-filing.
If hundreds of thousands of individuals were returned to El Salvador it would likely de-stabllize the country and lead to collapse and internal chaos. Additionally, loss of “remittances” sent to El Salvador by legally working TPS individuals in the U.S. would almost certainly send the El Salvadoran economy into a tailspin. For that reason, a prior plan during the Clinton Administration for a phase-out of Salvadoran TPS led to panicked entreaties from the Salvadoran Government to the Administration to leave the TPS program in place.
From my perspective as an Immigration Judge, TPS was one of the “smartest” programs ever. It allowed many deserving individuals with difficult asylum cases that would have taken many hours of hearing time to be removed from the court docket with minimal work for the Immigration Court and our overburdened staff. Even “de novo review” of a TPS denial could ordinarily be accomplished in a 30 minute “short block” of hearing time rather than a 3-hour “full block” hearing.
TPS combined efficient adjudication by USCIS with needed work authorization for American families, while “demurring” on the more difficult questions of green card status or a path to citizenship. It also had an effective  enforcement mechanism. Those relatively few TPS individuals who committed a felony or two or more misdemeanors were arrested, placed in detention, stripped of status, and in most cases removed from the U.S. promptly under the policies placed in effect by the Obama Administration.
PWS
09-11-17