ASYLUM: LAW YOU CAN USE: All-Star Professor Michele Pistone Of Villanova Law Writes & Directs “Must See TV” — “Best Practices in Representing Asylum Seekers”

Go on over to Dan Kowalski’s LexisNexis Immigration Community here for all the links to the 19-part series on You Tube made possible by the American Law Institute with an introduction by none other than Justice Sandra Day O’Connor:

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2017/11/16/video-series-best-practices-in-representing-asylum-seekers.aspx?Redirected=true

Thanks, Michele, for all you do for the cause of Due Process for migrants and better Immigration Court practices!

PWS

11-17-17

 

HON. JEFFREY CHASE COMMENTS ON THE BIA’S RECENTLY WITHDRAWN AMICUS INVITATION ON THE ONE-YEAR BAR!

https://www.jeffreyschase.com/blog/2017/11/16/the-bias-withdrawn-amicus-invitation

Jeffrey writes:

The BIA’s Withdrawn Amicus Invitation

The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population control), and who demonstrated changed conditions as to the religion-based claim to allow for late filing, could have their asylum claim considered as to both grounds.  My question is why the Board felt the need to invite briefing on this issue in the first place?

In the 1990s, several high profile events caused Congress to address the issue of asylum reform.  An early version of a House bill addressing the subject would have required an asylum application to be filed within 30 days of arrival in this country.  The bill’s sponsors believed that asylum applications filed by individuals who had been in this country several years lacked legitimacy, and were being filed as a dilatory tactic in removal proceedings, or affirmatively simply as a way to obtain employment authorization.   I remember explaining to members of Congress (including one of the three sponsors of the bill) that it took potential asylum seekers well in excess of 30 days just to get an initial appointment with pro bono groups such as the one I volunteered with at the time.  If the organization accepted the case, it would take additional time to place it with a law firm (which would usually have to first determine that representation was free of any conflicts of interest).  That was all before the pro bono attorney had even met with the client for the first time.  Furthermore, the filing deadline was being considered in conjunction with a sped-up asylum adjudication process under which asylum officers would issue a final decision on asylum claims within 60 days of receipt.  This meant that asylum applicants really needed to file their documentation along with the application.  But for a refugee forced to suddenly flee their country, compiling supporting documentation from overseas can take time.  Advocacy efforts succeeded in persuading Congress to extend the original 30-day filing deadline to the present one year.

However, an additional concern remained.  When meeting with members of Congress on this issue in the 1990s, I raised the following hypothetical: what if a lawful F-1 student receives a call from home during their third year of college, informing the student that their brother was arrested, the police were asking about the student’s own whereabouts, and warning the student to not return home.  The student in this scenario is a legitimate refugee, but the one-year deadline has long passed.  Congress therefore created an exception to the one-year deadline for changed conditions that give rise to a well-founded fear of persecution.  And in the case before the BIA, the respondent satisfied this exception by establishing changed conditions arising more than one year after the last entry to this country that gave rise to a fear of persecution on account of the respondent’s religion.

Apparently, in addition to the new religion claim, the respondent had a preexisting basis for claiming asylum based on China’s coercive population control policies.  Having been allowed to apply for asylum, the respondent sought to include the older basis for asylum as well as the new ground.  It is not clear what the argument might be for not allowing this.  As the respondent was already found eligible to file an asylum application based on the religion claim, allowing the coercive population control claim would not bestow on the respondent any additional benefits beyond those already obtained through the accepted religion-based asylum claim.  Thus, allowing both grounds to be considered would not encourage the late filing of fraudulent applications for the purpose of obtaining employment authorization.  Furthermore, as the respondent was already pursuing the religion-based asylum claim in removal proceedings, allowing consideration of the additional ground would not serve any dilatory purpose.  The length of time required to complete the removal proceedings before the immigration judge would be the same whether the claim was based on one or two grounds.  Thus, allowing both grounds to be considered would not run afoul of either of the concerns that Congress meant to address in establishing the one year filing deadline.  It is thus entirely unclear why the BIA would consider barring the second ground from consideration.

There are legitimate reasons why one might not file an asylum claim within one year of entry.  In some instances, the refugee was simply not aware of the filing deadline; it is possible that he or she did not even learn of the relief of asylum until well after arrival.  Some refugees may be forced to stay with family or friends living in remote areas where legal advice is not readily available.  But even in urban centers, pro bono resources are presently stretched to their limits, and many lack the funds upon arrival to retain private attorneys.  Some with legitimate fears of persecution might have chosen not to apply due to unfavorable case law, a lack of supporting documentation, or a variety of other legal considerations.

The decision as to whether or not to come forward and apply for asylum, and possibly expose oneself to the risk of deportation, is a complicated one.  But once the decision has been made, it is to the advantage of all to hear any and all bases for asylum at once.  Besides from the administrative efficiency of such an approach, the Board needs to realize that a person’s fears and risks of harm are not so clearly compartmentalized.  An asylum claim begins with the applicant’s subjective fear of persecution.  Various fears may overlap or provide context.  For example, would an asylum claimant who had already experienced traumatic persecution at the hands of China’s government for violating the family planning policies be more likely to possess a genuine subjective fear of future persecution by the same governmental authorities on account of their religion?  Or would the applicant be objectively more likely to be singled out for religious persecution where the government had previously targeted them on population control grounds?

Although it became moot in the case presently before the Board, the issue is likely to be a recurring one.  As the Board’s recent asylum decisions have left much to be desired, it is hoped that when its members eventually consider this issue in a precedential decision, they will reach the correct result.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

REPRINTED BY PERMISSION

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I believe that Jeffrey and I have both consistently made the point that the BIA’s precedent decisions all to often fail to reflect a practical understanding of how asylum practice works from the private sector perspective.  That’s probably because none of the BIA’s current Appellate Immigration Judges has any recent experience representing asylum applicants.

PWS

11-16-17

JOIN THE “NEW DUE PROCESS ARMY” IN CALIFORNIA — Pangea Legal Services Seeks A Removal Defense Attorney – WORK WITH A GREAT GROUP OF FOLKS!

http://www.pangealegal.org/jobs

REMOVAL DEFENSE ATTORNEY (SANTA CLARA COUNTY)

POSITION ANNOUNCEMENT: REMOVAL DEFENSE ATTORNEY

Pangea Legal Services (Pangea) is a non-profit organization based in San Francisco and Santa Clara County. Our vision is to live in a world where individuals can realize their fundamental right to move and resettle around the world with dignity and respect.  We work toward this vision through legal representation of immigrants in deportation proceedings, community empowerment, and policy advocacy.

We are recruiting an attorney to join our legal team in Santa Clara County to increase our capacity to represent detained and non-detained immigrants in removal proceedings. The attorney will primarily engage in direct representation, using a litigation model that creates space for clients to become agents of change in their communities and places them at the center of their own defense and advocacy.  The position is based in our South Bay office and will require occasional travel to the San Francisco office to attend court hearings, interviews, and team meetings (approx. 1x/week).  If you are someone with a positive attitude, a passion for producing high-quality work, and a love for the community we serve, then please apply!

PRIMARY RESPONSIBILITIES

  • Provide direct legal representation to immigrants in removal proceedings
  • Coordinate advocacy, public campaigns, and community-led initiatives with family members of clients and grassroots partners
  • Work closely with partners to provide know your rights and self-defense education for the community
  • Help establish internal policies as our non-profit grows

DESIRED QUALIFICATIONS

  • Immigration or removal defense experience (including law school experience)
  • Proficiency in Spanish (required)
  • Ability to take on leadership in various projects, in addition to direct legal services responsibilities
  • Desire to invest in and grow with our organization
  • J.D. degree with membership in good standing with a State Bar

SALARY AND BENEFITS

  • Pangea is a collaborative, nonhierarchical organization, where salaries are equal among all staff after the first six months of employment at $52,000/year
  • Benefits include state bar dues, professional membership fees, medical and dental, preventative health benefits for general wellness, a socially responsible retirement package, and an annual right to move stipend

APPLICATION INSTRUCTIONS

The start date of this position is flexible (by December 2017) and applications will be accepted on a rolling basis.  If you believe you might be a good fit, please submit a cover letter, resume, writing sample, copy of your law school transcript, and three references to welcome@pangealegal.org.  In your cover letter, please include how the immigration struggle directly impacts you or your family, if applicable.  Please indicate “South Bay Attorney Application” in the subject line of your email.

Pangea is an equal opportunity/affirmative action employer. We believe diversity makes us stronger and we welcome applicants diverse in race, religion, gender, nationality, ethnicity, sexual orientation, and other areas.

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I have helped Pangea with some legal issues and strategies. Wonderful team of folks, including some “Charter Members” of the New Due Process Army: Etan Newman, Director of Appellate Advocacy; Celine Dinhjanelle, Director of South Bay Programs (and wife of  all-star former Arlington Immigration Court Attorney Advisor Anthony Dinh); Bianca Z. Santos, a Georgetown Law/ CALS Asylum Clinic alum who appeared before me in the Arlington Immigration Court; and their colleagues.

PWS

11-16-17

THE HILL: N. RAPPAPORT SAYS THAT EXPEDITED REMOVAL IS THE ANSWER TO IMMIGRATION COURT BACKLOGS – I DISAGREE!

http://thehill.com/opinion/immigration/360139-our-immigration-courts-are-drowning-expedited-removal-can-bring-relief

Nolan writes:

“Trump has acknowledged that the immigration court’s enormous backlog cripples his ability to remove illegal immigrants in a timely manner, but his plan to deal with the backlog isn’t going to work.

This chart from the Executive Office for Immigration Review’s (EOIR) FY2016 Statistics Yearbook shows that the immigration judges (IJs) have not been making any progress on reducing the backlog.

At a recent Center for Immigration Studies panel discussion on the backlog, Judge Larry Burman said, “I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020.”

By the end of September 2016, the backlog was up to 516,031 cases. A year later, it had grown to 629,051.

. . . .

If Trump relies on hiring more IJs to deal with the backlog crisis, his enforcement program will be a dismal failure.

His only viable alternative is to reduce the size of the immigration court’s docket, which he can do by promulgating regulations making IJ hearings unavailable to aliens whose cases can be handled in expedited removal proceedings.

He seems to have had this in mind when he directed DHS to use expedited removal proceedings to the full extent authorized by law, which would include most of the undocumented aliens in the United States who were not lawfully admitted, unless they can establish that they have been here for two years.

In expedited removal proceedings, which are conducted by immigration officers, aliens can be deported without IJ hearings unless they have a credible fear of persecution. If they establish a credible fear of persecution, they are entitled to an asylum hearing before an IJ.

But would the courts stop him?”

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Go on over to The Hill at the link to read Nolan’s complete article.

Expedited removal is the wrong solution to the Immigration Court backlog!

  • As I have noted in recent blogs, recent studies show that Immigration Court hearings area already falling substantially short of providing real due process because of lack of available counsel and overuse of immigration detention. Expedited removal would aggravate that problem tenfold.
  • Expedited removal couldn’t begin to solve the current backlog problems because the vast majority of the estimated 11 million individuals already here have been here for more than two years and can prove it, most from Government records. Indeed, I’d wager that the vast majority of individuals in Removal Proceedings in U.S. Immigration Court have had their cases pending for two or more years.
  • The problems in Immigration Court were caused by “Aimless Docket Reshuffling” by the last three Administrations emanating from undue political influence from the Department of Justice, DHS, and the White House. Only an independent Immigration Court that places control of the dockets in individual Immigration Judges, where it belongs, can address those problems.
  • The answer to hiring problems resulting from poor management and political hiring from the DOJ is certainly not to “get rid of” any existing U.S. Immigration Judges. Whether the hiring was done properly or not, there is no reason to believe that any of the currently sitting local U.S. Immigration Judges did anything wrong or participated in the hiring process other than by applying for the jobs. The system needs all the experienced judges it currently has.
  • The problem of inconsistency will only be solved by having an independent BIA that acts in the manner of an independent appellate court, cracking down on those judges who are not correctly applying legal standards. That’s how all other court systems address consistency issues — through precedent and independent appellate review. Numerous examples have been documented of Immigration Judges in courts like Atlanta, Stewart, and Charlotte, to name three of the most notorious ones, improperly denying asylum claims and mistreating asylum applicants. The BIA has failed to function in a proper, independent manner ever since the “Ashcroft Purge.” The only way to get it doing its job is by creating true judicial independence.
  • “Haste makes waste” is never the right solution! It’s been done in the past and each time has resulted in increased backlogs and, more importantly, serious lapses in due process.
  • The docket does need to be trimmed. The Obama Administration was at least starting the process by a more widespread use of prosecutorial discretion or “PD” as in all other major law enforcement prosecutorial offices. Most of the individuals currently in the country without status are assets to the country, who have built up substantial equities, and do not belong in removal proceedings. No system can function with the type of unregulated, irrational, “gonzo” enforcement this Administration is pursuing.
  • The reasonable solution is to do what is necessary to build a well-functioning system that provides due process efficiently, as it is supposed to do. The elements are reasonable access to lawyers for everyone in proceedings, reducing expensive, wasteful, and fundamentally unfair use of detention, better merit hiring and training procedures for Immigration Judges, modern technology, better use of prosecutorial discretion by the DHS, legislation to grant legal status to law-abiding productive individuals currently present in the US without status, and a truly independent judicial system that can develop in the way judicial systems are supposed to — without political meddling and without more “haste makes waste” schemes like “expedited removal!”

PWS

11-14-17

SESSIONS DEFENDS FAULTY MEMORY, BUT “AYATOLLAH ROY” – NOT SO MUCH!

http://www.latimes.com/nation/la-na-pol-sessions-russia-hearing-20171114-story.html

Joseph Tanfani and Cathleen Decker report for the LA Times:

“Atty. Gen. Jeff Sessions repeatedly denied Tuesday that he deliberately misled or lied to Congress about the Trump campaign’s multiple contacts with Russia, saying he forgot that two aides told him about their meetings with Russian government officials during the 2016 race.

In an often-contentious House Judiciary Committee hearing, Sessions sparred for more than five hours with Democrats, who faulted him for changing his story each time he has testified under oath before Congress, and some Republicans, who pushed him to appoint a second special counsel to investigate Hillary Clinton.

Sessions grew visibly angry at times, insisting again and again that he “always told the truth” as he recalled it, even as he confirmed for the first time that an aide offered to help arrange a meeting between Trump and Russian President Vladimir Putin last March. Sessions said he “pushed back” against the offer.

“In all of my testimony, I can only do my best to answer all of your questions as I understand them and to the best of my memory,” he said.

“But I will not accept, and reject accusations, that I have ever lied,” he added. “That is a lie.”

The nationally-televised hearing was the latest sign of how last year’s bitter presidential campaign has yet to recede. Harsh questions about the Democratic nominee’s alleged misdeeds collided with national security concerns of whether President Trump’s current or former aides helped Russia meddle in an American election — the focus of a special counsel investigation led by former FBI Director Robert S. Mueller III.

Sessions held firm against Republicans who pressed him to swiftly appoint another special counsel to focus on Clinton. Senior prosecutors at the Justice Department were reviewing the record and it would “be done without political influence,” he said.

After Rep. Jim Jordan (R-Ohio) laid out a long list of allegations that he said indicated wrongdoing, Sessions responded sharply. “I would say ‘looks like’ is not enough basis to appoint a special counsel,” he said.

Rep. John Conyers of Michigan, the House committee’s top Democrat, said the allegations against Clinton — which chiefly involve her use of a private email server as secretary of State, fundraising for the Clinton Foundation, and an Obama administration decision in 2010 to approve sales of uranium to a Russian company — have been “carefully examined and completely debunked” and said the threat of jailing political opponents after an election is something that would happen in “a banana republic.”

The often testy back-and-forth on Russia largely echoed Sessions’ three previous appearances on Capitol Hill this year, creating more heat than light as lawmakers confronted Sessions with his previous statements and other evidence that contradicted his claims, and the attorney general insisting he did “not recall” dozens of times in response.

“I have been asked to remember details from a year ago, such as who I saw on what day, in what meeting, and who said what when,” he said.

He blamed his faulty memory on the political and organizational maelstrom of Trump’s insurgent presidential campaign. The four-term senator from Alabama joined Trump’s side early on and became his top foreign policy advisor.

“It was a brilliant campaign in many ways,” he said. “But it was a form of chaos every day from Day One. We traveled all the time, sometimes to several places in one day. Sleep was in short supply.”

. . . .

Rep. Karen Bass (D-Los Angeles) challenged Sessions to explain an FBI report made public in October that said “black identity extremists” were intent on killing law enforcement officers. She said all the groups named were from decades ago, and asked him if any such groups existed today. He said he did not know of any.

He said he was aware of no similar report on white extremist groups, such as the white supremacists who rallied in Charlottesville, Va., in August. Later, he said he did not have a senior staff member who is African American, and said Trump has appointed just one African American as a U.S. attorney.

Sessions also declined to defend Roy Moore, the Republican candidate in the special election to decide Sessions’ old Senate seat in Alabama. Moore now faces charges of being a serial predator of teenage girls, with five women coming forward to describe their encounters.

“I have no reason to doubt these young women,” he said of Moore’s accusers, adding that he would consider whether the Justice Department should open an investigation. “We would do our duty,” he said. He said he has followed advice from the department’s ethics lawyers and avoided any involvement in the campaign.”

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Read the complete article at the link.

Doesn’t seem that unreasonable to expect a former Senator and a guy who got himself appointed and confirmed to the highest legal job in the country to remember key events that happened less than two years ago.

Sessions should contrast his performance with the way some U.S. Immigration Judges exercising his delegated authority treat memory lapses by barely literate individuals trying to go back into traumatic events that happened a decade or more ago. Would that our U.S. Immigration Courts were all as forgiving of others as Sessions is of himself. Perhaps, he needs to ease up a bit on the “gonzo enforcement” push and act more like a human being. Not a bad idea for someone seeking better and more sympathetic treatment for himself.

PWS

11-14-17

9TH CIRCUIT TRIMS BACK TRAVEL BAN 3.0 INJUNCTION!

http://www.latimes.com/nation/la-na-travel-ban-20171113-story.html

Jaweed Kaleem reports for the LA Times:

“A federal appeals court Monday partially revived President Trump’s travel ban on six Muslim-majority countries, allowing it to go into effect against people without a “bona fide” connection in the U.S., such as close family members.

The decision by the U.S. 9th Circuit Court of Appeals means that the federal government can start blocking travel into the U.S. by most nationals of Syria, Libya, Iran, Yemen, Somalia and Chad who lack family in the country.

The order partially reversed one from Honolulu-based federal judge Derrick K. Watson, who blocked nearly the entire ban on the grounds that it “plainly discriminates based on nationality.” Watson ruled on a lawsuit brought by the state of Hawaii.

The 9th Circuit decision is a temporary measure before judges hear arguments Dec. 6 over the government’s appeal of Watson’s ruling. A panel of three judges — Michael Daly Hawkins, Ronald M. Gould and Richard A. Paez — is considering the appeal. All were appointed by President Bill Clinton.

Trump signed his newest travel ban on Sept. 24 to indefinitely halt travel from most citizens of the six countries, but Hawaii- and Maryland-based federal judges issued orders stopping it just as it was about to go into effect in October.

Trump’s travel order also applied to North Koreans and certain Venezuelan government officials and their families, but judges allowed bans on those nationals to continue.

The 9th Circuit decision is a win for the Trump administration, which has struggled since January in three attempts to push similar travel bans that immigration advocates and federal judges have largely described as illegal.”

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Read the full article at the link.

Some good news for the Administration. But, less than a complete victory. And, the merits of the appeal remain to be decided. Stay tuned!

PWS

11-14-17

JOE PATRICE @ ABOVE THE LAW: WE NOW HAVE “SCIENTIFIC PROOF” THAT IMMIGRATION LAWYERS ARE “INCREDIBLY USEFUL” — IN FACT, THEY ARE ESSENTIAL TO DUE PROCESS — So, Why Are Sessions & His Minions Smearing Lawyers & Trying To Railroad More Migrants Through The System Without Fair Hearings?

We Have Scientific Proof That Lawyers Are Incredibly Useful

Patrice writes:

“So instead of fighting whether or not the feds can order cops to bust up the local Motel 6, cities can just hire some lawyers.

This is the lie of every talking head that praises building a wall but adds, with all faux sincerity, that they have “no problem with legal immigrants.” Almost half of the people shuttled through assembly line deportation hearings actually fit within legal immigration protections, but the complexity of the system — not to mention language barriers — make them victims of the bureaucracy.

If that projection is correct, NYIFUP cases result in immigrant victories 48 percent of the time. As Oren Root, director of the Vera Institute’s Center for Immigration and Justice, puts it, that means that of every 12 immigrants who are winning at Varick Street right now, 11 would have been deported without a lawyer.

That finding challenges a widely held assumption about immigration court: that most immigrants who go through it don’t qualify for the types of protection that Congress has laid out for particularly compelling cases. The Vera finding implies that, in fact, many immigrants do deserve relief as Congress and the executive branch have established it — but that hundreds of thousands of them have been deported without getting the chance to pursue those claims.

New York’s program has inspired 12 more cities to adopt the program. It’s put up or shut up time for the Department of Justice — if they’re really committed to proving some undocumented migrant is in violation of the law, then stand up and make that case in court.

Against a real attorney.

Unless they’re chicken.”

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Read the complete article at the link. I have previously reported on the VOX News Article and the Vera study.

I think Patrice has hit the nail on the head. Sessions, Miller, Bannon and the White Nationalist crowd are biased bullies picking on the most vulnerable and disadvantaged. Like all bullies, they have absolutely no desire to compete fairly on a level playing field.

The Vera report confirms what many of us involved in the field have been saying for years: a significant portion of those going through Immigration Court, probably 50% or more are entitled to be in the US. Without lawyers, such individuals have little or no chance of making and succeeding on claims that would allow them to stay. Since at least one-third of individuals (and a much higher percentage of detained individuals) are unrepresented, we are unlawfully removing tens of thousands of individuals each year, in violation of due process. And nothing aggravates this unfairness more than unnecessary detention (in other words, the majority of immigration detention which involves individuals who are not criminals, security threats, or threats to abscond if they are represented and understand the system).

A competent and conscientious Attoyney General would work cooperatively with private bar groups, NGOs, and localities to solve the representation crisis and drastically reduce the use of expensive and inhumane immigration detention. But, Sessions is moving in exactly the opposite direction, in violation of constitutional principles of due process, practical efficiency, and basic human decency.

PWS

11-13-17

O CANADA: TRUMP POLICIES AID CANADIAN LOBSTERMEN AT THE EXPENSE OF MAINE! — CANADA BRACES FOR INFLUX OF “TPSers” FLEEING US!

Ana Swanson reports in the NY Times:

“When Americans think about lobster, Maine often comes to mind. But Nova Scotia has emerged as a fierce competitor in exporting lobsters, particularly to Europe. Last year, American lobstermen sold only slightly more to Europe than their Canadian counterparts.
That balance could soon shift given the Canadian-European trade pact, which eliminated an 8 percent European tariff on live lobster when it went into effect in September. Tariffs on frozen and processed Canadian lobster will be phased out in the next three to five years as part of the agreement.
The elimination of European tariffs is “the single most challenging issue” for the American lobster industry, said Annie Tselikis, the executive director of the Maine Lobster Dealers’ Association, which represents companies that buy lobster from Maine fishermen. “This trade agreement does give Canada a huge leg up in the European marketplace,” she said.
Ms. Tselikis said the pact was encouraging American companies to invest in new facilities in Canada to qualify for the lower European tariff.
“If the argument is you’re not going to develop this trade policy because you’re worried about outsourcing jobs — well, here we are, potentially outsourcing jobs due to an absence of trade policy,” she said.”

Read the complete article here:

Meanwhile, Alan Freeman reports in the Washington Post that the Trump Administration might be on the verge of  driving tens of thousands of American residents with useful job skills over our Northern Border:

“OTTAWA — In late October, starkly worded warning signs began appearing on the Canadian border with New York state and Vermont aimed at discouraging would-be asylum seekers fleeing the United States.

“Stop. It is illegal to cross the border here or any place other than a Port of Entry. You will be arrested and detained if you cross here.”

“Not everyone is eligible to make an asylum claim,” reads a second sign. “Claiming asylum is not a free ticket into Canada.”

As the Trump administration signals that it may soon remove the Temporary Protected Status designation from more than 300,000 Central Americans and Haitians, threatening them with deportation, Canadian officials are bracing for a new wave of asylum seekers flooding over the border.

Already this week, acting U.S. Homeland Security Secretary Elaine Duke announced she was lifting protected status for 2,500 Nicaraguans, effective January 2019. And while she extended the same protection for 57,000 Hondurans until July 2018, she warned that protection may end at that time.

A new sign posted by Canadian authorities at the border between Canada and the United States. (Canada Border Services Agency)
The U.S. government decided to protect both groups from deportation following the devastation wrought by Hurricane Mitch in 1999, and the measures were repeatedly renewed until this year. Duke said the original conditions justifying that protection “no longer exist.” Canada and its immigrant-friendly policies may be seen as a viable alternative for those reluctant to return to their countries of origin.

. . . .

Just last week, the government published a three-year plan aimed at accepting almost 1 million immigrants as permanent residents, with a clear bias toward economic migrants, who will make up 58 percent of the total. The balance will be shared between family and refugee classes.

 

Public reaction to the plan, which will see intake grow steadily from 300,000 in 2017 to 310,000 in 2018, 330,000 in 2019 and 340,000 in 2020, has been generally positive with many of the critics, including the government’s own council of economic advisers, saying Canada should be accepting even more immigrants.

Canada has an increasingly diverse population, with visible minorities making up 22.3 percent of the population in 2016, according to recently released census figures, compared with just 4.7 percent in 1981. By 2036, visible minorities are expected to make up 33 percent of the population.

“Canada is probably the best country in the world to be an immigrant because we give immigrants a chance to climb the ladder to success,” said Kareem El-Assal, senior research manager at the Conference Board of Canada, a think tank, where he specializes in immigration.

Assal said Canada’s immigration system works in part because the Canadian government helps newcomers integrate through language, skills and job training at a cost of almost a billion dollars a year. Furthermore, immigrants benefit from Canada’s universal health-care system and its good public education and reasonably priced universities.

Public opinion surveys continue to show that Canadians are pro-migration. A survey by the Environics Institute last spring showed that 72 percent of respondents agreed that “overall, migration has a positive impact on the economy.” Yet in the same survey, 54 percent said that “too many immigrants do not accept Canadian values.”

As for those border warning signs, Fortin, the union leader, says that asylum seekers are reading them and then crossing the border anyway.

“It doesn’t seem to have a very big dissuasive effect,” he said.”

Here’s a link to the complete article:https://www.washingtonpost.com/world/the_americas/canada-fears-a-huge-rush-of-asylum-seekers-if-their-us-protected-status-is-lifted/2017/11/12/9464645c-c4b1-11e7-9922-4151f5ca6168_story.html

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Maine needs all the economic help it can get. And, I had lots of successful “TPSers” pass through my courtroom in Arlington. Good folks, industrious with useful job skills in the types of positions that we need but most Americans don’t want to do: child care, home health care, roofing, drywalling, cleaning, washing, making beds, waiting on tables, brewing coffee, making sandwiches, landscaping, pouring concrete, building things, meat processing, running convenience stores, etc. And, the vast majority had kids who were US citizens or in the DACA program. Our loss is likely to be Canada’s gain. The concept that there are lots of Native-born Americans out there (at a time of effectively full employment) waiting to take these jobs is a restrictionist fairy tale. But, if and when these folks leave, Americans who depend on them for essential services (like child care and Home improve,wants, for example, or restaurant and hotel owners) are going to find themselves out of luck.

So far, overall incompetence has saved us from the full adverse effects of Trump’s “Make America (Not So) Great” policies. But, if they ever do go into full effect, it will be bad for most Americans, including those gullible enough to have voted for Trump.

PWS

11-13-17

NPR: More Jurisdictions Get On Board For Providing Legal Assistance To Migrant Residents — Stand Up To Administration’s Bogus Anti-Immigrant Fear-Mongering Campaign!

https://www.npr.org/sections/thetwo-way/2017/11/12/563557712/more-jurisdictions-to-provide-legal-defense-for-immigrants-at-risk-of-deportation

Jose Olivares reports for NPR:

“While the Trump administration continues the federal government’s already-massive deportation program, 11 cities and counties will be joining the list of jurisdictions providing legal defense for undocumented immigrants at risk of deportation.

The Vera Institute of Justice, a nonprofit that researches and advocates changes in the criminal justice system, launched the Safety and Fairness for Everyone (SAFE) Cities Network this past week. The cities and counties making up the network will be providing legal counsel for immigrants facing deportation proceedings.

Vera says it selected the jurisdictions for committing to invest public money toward defending immigrants against deportation. The nonprofit says it will use a fund it administers to match the public money.

“Immigration is part of our nation’s past, present, and future, and our communities will find more opportunities to grow and thrive when we recognize and embrace this fact,” Vera Institute President Nicholas Turner said in the statement. “That means that all residents must see their justice systems — from our law enforcement to our courts — as delivering on our country’s promise of fairness.”

The cities and counties making up the SAFE Cities Network are:

Atlanta
Austin
Baltimore
Chicago
Columbus, Ohio
Dane County, Wis.
Oakland and Alameda County, Calif.
Prince George’s County, Md.
Sacramento
San Antonio
Santa Ana, Calif.
They’re joining a growing list of cities and states with similar programs. Late last year and earlier this year, lawmakers in Los Angeles, San Francisco, Washington, D.C., and New York City decided to allocate public funds for defense in immigration courts, while New York state created the first statewide immigrant defense fund.

In Maryland, Baltimore Mayor Catherine Pugh announced on Thursday that the city had joined the SAFE Cities Network.

“Our community is safest when our neighbors trust their officials and institutions and know they will be treated justly and with dignity,” Pugh said in a news release. “Providing legal representation to those facing deportation maintains trust in law enforcement and our local institutions and keeps us all safe. If our residents don’t feel safe — for example, coming forward to report crimes and cooperating with law enforcement — all of us are at more risk.”

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Read the entire report at the link.

These communities recognize that the Administration’s White Nationalist inspired “Gonzo Enforcement” and attempts to short circuit the statutory and constitutional rights of migrants to fair and dignified treatment ultimately threatens the safety and rights of all of us. And, as all evidence shows, as migrants get lawyers and are able to actually assert their rights (rather than being railroaded out of the country) more and more are found to have the legal right to remain.

This Administration stubbornly refuses to adjust its enforcement strategy to the reality that many so-called undocumented individuals should not be targeted for enforcement and that realistic reform that maintains the status quo by allowing the vast majority of productive, law-abiding individuals without status to remain is the only reasonable solution.

PWS

11-12-17

JRUBE IN THE WASHPOST: “A dangerous fool for a president,” supported by “useful idiots” & “Republican tribalists in Congress” are an “easy mark” for Putin & the Russians — Our Administration Is An Existential Threat To Our National Security!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/11/12/russias-mark-a-dangerous-fool-for-a-president/

Jennifer Rubin writes in the Washington Post:

“President Trump’s authoritarianism, narcissism and racism threaten our democracy, but his gullibility threatens our national security. A man so uneducated and incurious about the world is willing, like his followers, to buy any crackpot conspiracy theory that makes its way to him via the Infowars-“Fox & Friends” pipeline. On the world stage, that makes him a sitting duck for slick manipulators and experienced flatterers.

All that was much in evidence on Saturday. CNN reports:

“He said he didn’t meddle. He said he didn’t meddle. I asked him again. You can only ask so many times,” Trump told reporters aboard Air Force One as he flew from Da Nang to Hanoi in Vietnam. Trump spoke to Putin three times on the sidelines of summit here, where the Russia meddling issue arose. “Every time he sees me, he says, ‘I didn’t do that,’” Trump said. “And I believe, I really believe, that when he tells me that, he means it.” “I think he is very insulted by it,” Trump added.

Could Trump actually believe that the ex-KGB operative is insulted by the accusation he pulled off a masterful plot, at very little cost, to tip the scales in an American presidential election and get the candidate of his choice? Certainly, Trump is not only gullible but also running scared as special counsel Robert S. Mueller III breathes down his neck.

. . . .

Trump and his followers are willing to believe anything because they want to believe anything that confirms their counterfactual world. Anyone who sides with their alternative universe (Sebastian Gorka, Vladimir Putin, Bill O’Reilly, Roy Moore) is a hero and a victim of those pro-immigrant, globalist, anti-Christian elites. Anyone who presents cold, hard facts (the mainstream media, scientists, allied governments, Democrats, #NeverTrumpers) that explode their dearly held myths is an enemy of the people.Yes, that’s the mental universe in which Trump and his ilk reside. It renders Trump susceptible — eager, even — to believe our enemies, even — especially! — at the expense of American values, security and interests. He’s putty in the hands of wily autocrats. He’s therefore the type of target that counterintelligence operatives dream of — an arrogant fool. Clinton Watts, a former FBI special agent on the Joint Terrorism Task Force, earlier this year explained:

Russian influence of Trump most likely falls into the category of what Madeleine Albright called a “Useful Idiot” – a “useful fool” – an enthusiast for Putin supportive of any issue or stance that feeds his ego and brings victory. Russian intelligence for decades identified and promoted key individuals around the world ripe for manipulation and serving their interests. Trump, similar to emerging alternative right European politicians, spouts populist themes of xenophobia, anti-immigration, and white nationalist pride that naturally bring about a retrenchment of U.S. global influence. By spotting this early, Russia could encourage Trump’s ascension and shape his views via three parallel tracks. First, Russia led a never before seen hacking and influence campaign to degrade support for Hilary Clinton and promote Trump among a disenfranchised American populace. As a “useful idiot,” Trump not only benefited from this influence effort, but he urged Russia to find Hilary Clinton’s missing emails – a public call a “Manchurian Candidate” would not likely make. Trump even fell for false Russian news stories citing a bogus Sputnik news story at a presidential rally – a glaring and open mistake that would reveal a true “Manchurian Candidate.”

What’s more, the Kremlin now has useful idiots in the persons of Fox News hosts, right-wing American bloggers, talk show hosts and Stephen K. Bannon (who is out recruiting like-minded Senate candidates) to buck up their pet U.S. president. Most of all, the Kremlin can count on the Republican tribalists in Congress who will explain away evidence and savage the president’s accusers to protect the GOP tribe and its leader — who just so happens to be an easy mark for our most formidable international foe.“

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Read the full op-ed at the link.

Pretty scary stuff. Putin must be walking on air. First, dumb US electorate votes for its own demise. Trump stokes racial and political divisions while trashing the environment, destroying government, offending allies, undermining health care, damaging the Constitution, shrugging his shoulders at random gun violence, and carrying on with plans to loot US Treasury for benefit of the rich and leave everyone else holding the bag. Then, Trump sets off for Asia where he cedes economic and moral leadership to China while enunciating a totally selfish “Third World, Me First” philosophy and absurdly defends his “puppetmaster” Putin.

All these years the “Legacy Soviets” thought they could only defeat America by a military buildup. Now, they discover they can do it without firing a shot or invading anyone just by using our own stupidity and the Alt-Right against us.

PWS

11-12-17

LA TIMES: MASSIVE MANAGEMENT PROBLEMS AT DHS EXPOSE STUPIDITY OF TRUMP’S “GONZO” ENFORCEMENT & WASTEFUL, UNREALISTIC PLANS TO ADD THOUSANDS OF ADDITIONAL AGENTS TO THE MIX! — Incompetent Management & Fiscal Irresponsibility Reign!

http://www.latimes.com/nation/la-na-border-patrol-agents-20171111-story.html

Greg Moran reports for the LA Times:

“The GAO report examined how the Border Patrol deploys agents and the effectiveness of checkpoints it staffs. Auditors say the agency has fewer agents now than it is supposed to have under a 2011 congressional mandate, which required 21,370 agents.

 

But as of this May the agency had just 19,500, or 1,870 fewer than required.

Compounding the problem is that agents are leaving faster than they can be replaced. Auditors say that between 2013 and 2016 the Border Patrol hired an average of 523 agents each year — and saw an average of 904 leave.

Reasons include better pay at competing agencies, a hiring process that requires applicants to pass a polygraph exam (which other agencies don’t require) and assignments that often send new agents to remote locations along the border.

The audit also sheds new light on where immigrants without permission to enter are apprehended and where drug are seized.

 

Four in 10 apprehensions between 2012 and 2016 occurred within half a mile of the border.

However, between 64% and 70% of all drug seizures by the agencies occurred more than 10 miles from the border, where immigration officials operate a network of checkpoints.Only 11% of drug seizures occurred close to the border, and checkpoints account for less than 2% of apprehensions of unauthorized immigrants.

The checkpoints are controversial, with critics saying they are not effective, easily circumvented and violate constitutional rights.

The audit said that the effectiveness of these checkpoints can’t be resolved in large part because the agency still does not have good data collection practices. Auditors have urged better data collection as far back as 2009 but say there are still gaps in reporting that make analyzing the checkpoints’ effectiveness problematic.

The inspector general’s report examines the management challenges facing Homeland Security, which includes Customs and Border Protection, the Border Patrol and ICE, and says the agencies can’t yet justify hiring thousands more agents and officers.

“Neither CBP nor ICE could provide complete data to support the operational need or deployment strategies for the 15,000 additional agents and officers they were directed to hire,” the report said, adding that the agencies faced “notable difficulties” in making hires.

In a report one year ago the inspector general said that it took about nine months to hire a single Border Patrol agent and about seven months to hire an ICE officer.

The new report noted that while hiring times have improved there are still “significant delays.” It attributed those delays to not having enough hiring staff or the internal systems needed to hire staff efficiently.”

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Read the complete story at the link.

The incompetence of DHS Immigration Enforcement is an issue that needs to be addressed before Congress throws yet more money and bodies into the morass. A rational approach would look something like this:

  • Hire the currently authorized number of agents first;
  • Retain the current more rigorous hiring standards (immigration enforcement has significant corruption issues; lowering standards to put more agents on duty is like an “open invitation” for infiltration by international criminal cartels and even terrorist organizations);
  • Improve pay, training, and working conditions for agents to reduce attrition;
  • Improve data collection to ascertain whether additional agents would meaningfully contribute to enforcement and how additional agents would be deployed;
  • Improve hiring times without sacrificing quality;
  • Focus and prioritize  enforcement on criminals, antisocial individuals, and new arrivals not claiming asylum or other protection;
  • Work for a legislative solution that would legalize the bulk of the productive, law-abiding, undocumented migrants currently present, thus removing them from the “enforcement map;”
  • Create additional avenues for legal immigration to meet US employer needs and largely eliminate the “employment magnet” for illegal migration;
  • Once the foregoing are complete, do an objective analysis of whether additional enforcement agents are really necessary (chances are that with management improvements and legislative reforms, the current number of positions, if actually filled and on duty, is more than adequate).

PWS

11-12-17

 

 

 

LA TIMES: MAJORITY OF CALIFORNIANS VALUE MIGRANTS (REGARDLESS OF STATUS) — OPPOSE TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT!

http://enewspaper.latimes.com/infinity/latimes/default.aspx?pubid=50435180-e58e-48b5-8e0c-236bf740270e

Jasmine Ulloa reports for the LA Times:

“Despite the Trump administration’s repeated attempts to frame illegal immigration as a threat to public safety, the poll also found an overwhelming majority believe that people without legal residency help revitalize cities as opposed to increasing crime.

The survey results, poll analysts and policy experts said, reflect ongoing trends in California, where through the decades the public has tended to support immigrants in the country illegally, even when federal or state political leaders have stoked anti-immigrant sentiment to rally their bases.

“We have seen this in California forever,” said Jill Darling, the survey director for the Center for Economic and Social Research at USC. “People, including Republicans, have been more supportive of immigrants and reform, even to the point of supporting a path to citizenship, more so than Republican leadership.”

Most poll participants also expressed positive perceptions of people without legal residency in the country.

Nearly 63% of people surveyed said they believed immigrants without legal status strengthened the economy, as opposed to roughly 38% who said they took away jobs. Sixty-six percent said immigrants in the country illegally helped revitalize cities, and about 34% — including more than 72% of Republicans — believed they increased crime.

Policy experts said the poll results reflect the explosive growth of Latinos, Asians and other minority communities that tend to lean Democratic. California’s families are so diverse, they said, that nearly everyone knows someone who came to the country as an immigrant — legally or illegally.

It also reflects a shift away from the “us-versus-them” rhetoric that damaged the Republican brand in the 1990s, political consultants and immigration policy experts said. During that time, Gov. Pete Wilson was criticized for using footage of people running across the border to dramatize the problem of illegal immigration, and voters passed propositions to bar immigrants in the country illegally from public benefits, outlaw affirmative action programs and teach only English in schools.

That “no longer reflects our reality,” said Mindy Romero, director of the California Civic Engagement Project. “In a state like California, immigrants are us.”

Andrew Medina, state policy manager for Asian Americans Advancing Justice, said he wasn’t surprised by the results of the poll — or by the approval among California residents for the sanctuary state law. A study released in February by the Public Policy Institute of California found that a solid majority of Californians believe the state and local governments should make their own policies and take action to protect the rights of immigrants who are here illegally.

The final language of the sanctuary state law was the result of months of tough negotiations among Gov. Jerry Brown, Senate leader and bill author Kevin de León (D-Los Angeles), and law enforcement officials.

It will largely prohibit state and local law enforcement agencies from holding or sharing information about people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state law.

Federal immigration authorities still will be able to work with state corrections officials — a key concession Brown had demanded — and will be able to enter county jails to question immigrants. But the state attorney general’s office will be required to publish guidelines and training recommendations to limit immigration agents’ access to personal information.

“It is positive that these polls show that there is support for immigrant communities, and it is especially positive in this era,” Medina said.

Still, Romero advised caution.

“Discrimination against immigrants is very real and a danger,” she said, pointing to anti-immigrant rhetoric at the national level. “I think we can’t rest on a changing landscape in California and just assume that things will continue to be more receptive and open.”

 

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Read the complete article at the link.

The Trump-Sessions-Miller-Bannon bogus White Nationalist program of portraying bigotry and racism as “law enforcement” ultimately will fail. Truth will win out. But, that doesn’t mean that lots of damage won’t be inflicted along the way by restrictionists on vulnerable individuals, their defenders, our society, our economy, and our international leadership and reputation.

Resist the false messages with truth! Support truth with action!

PWS

11-12-17

TRUMP ADMINISTRATION LAUNCHES “STEALTH ATTACK” ON MUSLIM REFUGEES!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/11/trump_is_trying_to_secretly_sneak_through_another_muslim_ban.html

Dahlia Lithwick and Jeremy Stahl Report for Slate:

“At the end of last month, the Trump administration quietly rolled out new restrictions on certain groups of refugees, ostensibly aimed at “protect[ing] people from terrorist attacks and other public-safety threats.” This latest form of “extreme vetting” reportedly targeted citizens of 11 purportedly high “risk” countries, along with the children and spouses of refugees already in the United States.

These high “risk” refugees would be temporarily barred from entering the country and kept from resettlement, so yet another layer of reviews could be added to the already years-long process. Here is the list of affected countries: Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen. Nine of these countries are Muslim-majority nations. The list was not made public in the executive order itself. Instead, the State Department released an accompanying memo saying that the refugee freeze would affect 11 unnamed countries for which additional security screening had been previously required for males age 16–50.

The new policy expands the additional scrutiny for people from those 11 nations to include all refugees, and not just males of a certain age, while attempting to hide which 11 countries are affected. It also “temporarily prioritizes” applications of refugees from countries not on the list. The list of countries has never been made public outside of media reports, but was included in a December 2016 State Department memo seen by Slate. The new executive order was the Trump administration’s latest attempt to secretly sanitize and repurpose President Trump’s long-proffered and repeatedly bungled Muslim ban.

To put it more simply: This is another Muslim ban.
In addition to the new vetting and resettlement restrictions for a certain type of refugee, the “follow-to-join” program for close relatives of refugees who are already in the U.S. was paused indefinitely until further review. That means that refugees already lawfully admitted will be prevented from reuniting with their spouses and minor children. Department of Homeland Security data shows that about 2,000 follow-to-join family members came to the U.S. in 2015. Just as a reminder, one of the first plaintiffs in a lawsuit against Trump’s first “travel ban,” Haider Sameer Abdulkhaleq Alshawi, was an Iraqi who had qualified for a Follow to Join Visa. Alshawi’s wife and 7-year-old son, whom he had not seen for three years, were lawful permanent residents living in Houston. He was detained at JFK Airport in transit to the U.S. when the first travel ban was signed in January, before ultimately being allowed to reunite with his family.

Seen together, the new restrictions will not only disproportionately affect Muslim refugees: They will also extend an already cumbersome process that at present features extensive vetting that can average between 18–24 months.”

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Readthe full article at the link.

More anti-Muslim religious discrimination and anti-refugee discrimination masquerading as as “national security.”

PWS

11-11-17

 

ROGUE U.S. IMMIGRATION JUDGE IN CHARLOTTE, NC? — BIA TWICE ORDERS JUDGE TO FOLLOW PRECEDENT & GIVE DUE PROCESS TO ASYLUM SEEKER!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2017/11/10/unpub-bia-asylum-remand-insists-ij-follow-the-law-nov-6-2017.aspx?Redirected=true

Dan Kowalski reports at LexisNexis Immigration Community (quoting Respondent’s attorney Humza Kuzma):

“We appealed to the BIA, stating that the IJ was ignoring the law of the case and his direct instructions from a higher court. As Hassan noted in his FB post, we included redacted cases from a FOIA request another attorney had conducted, showing the various instances in the past two years where the IJ had been remanded in asylum proceedings. Yesterday, we got the remand, which reconfirmed that the prior rulings in the case were vacated and relying upon them was in judicial error, and instructed the IJ to grant our client a completely new hearing with an open record, and issue a new decision.”

BIA PANEL: Appellate Immigration Judges Guendelsberger, Kendall Clark, Grant

OPINION BY: Judge Edward R. Grant

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Read the full report and the BIA’s unpublished opinion at the link.

  • Why wasn’t this decision published?
  • Why wasn’t this Immigration Judge who is showing contempt for the BIA, precedent, asylum seekers, and Due Process named in the decision (a technique used by Article III Courts to deal with recalcitrant Judges)?
  • Why wasn’t this case remanded to a different Immigration Judge?
  • Why don’t we see more precedent decisions from appellate panels like this one which appears committed to a fair application of asylum law and reigning in rogue judges like this one?
  • How would an unrepresented individual ever be able to vindicate his or her statutory and constitutional rights before a biased and abusive judge like this?
  • What can be done to improve merit selection procedures for U.S. Immigration Judges so that individuals who are biased against migrants, unwilling comply with orders of higher tribunals, and uncommitted to Due Process will no longer be placed in judicial positions?

PWS

11-11-17