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

NEWSWEEK REPORTS TRUMP ADMINISTRATION PLANNING MASSIVE ASSAULT ON RIGHTS OF UNDOCUMENTED TEENS ADMITTED UNDER THE WILBERFORCE ANTI-TRAFFICKING ACT!

http://www.newsweek.com/trump-administration-weighs-deporting-thousands-unaccompanied-child-migrants-668778

Graham Lanktree reports:

“The Trump administration is drafting a new policy to quickly deport more than 150,000 child migrants from Central America who arrived alone in the U.S. illegally, creating a new class of undocumented migrants.

The Department of Justice and Homeland Security is drawing up a policy proposal in a series of memos, according to two sources with knowledge of the internal debate who spoke to the Miami Herald.

As it stands, the plan would allow for teens and children who arrived in the U.S. illegally by themselves to be put on a fast track to deportation when they turn 18. Most of these children have traveled thousands of miles alone from Central American countries, including Honduras, El Salvador, and Guatemala, to escape violence and poverty.

The policy wouldn’t allow the teens to plead their case before an immigration judge.

The discussions follow controversy within the government about Deferred Action for Childhood Arrivals program, known as DACA, a program implemented by Barack Obama, which protects children brought to the country illegally by their parents from deportation.

Speaking about the new policy plans, a former U.S. Justice Department official told the Herald, “The concern is that most people at DOJ know this will likely be viewed as illegal and do not want to have to defend this in court if they can avoid it.”

Current law “doesn’t give the administration a lot of flexibility with how to deal with unaccompanied children,” said a U.S. official familiar with the internal debate about the policy. “This administration still has its hands somewhat tied with what it can do with that population,” that person said.

. . . .

The new policy around unaccompanied children is part of the Attorney General’s efforts to avoid creating a another protected group of illegal immigrants like those under DACA, the Herald’s sources said.

The arrival of unaccompanied children and families from Central America peaked in 2014. In the year between October 1, 2013 and September 30, 2014 U.S. Customs and Border Protection (CBP) says it encountered 67,339 unaccompanied children.

At the height of the influx in June 2014, 27,000 people, including unaccompanied children and families, crossed the U.S.-Mexico border. Three months later the number dropped below 5,000 following crackdowns by the U.S. and Mexico governments.

More than 150,000 children have been referred by Homeland Security to the Office of Refugee Resettlement since that time. The program cares for unaccompanied children after they are caught at the border by officials and either places them in shelters, with sponsors, or relatives in the U.S.

About 63 percent and 73 percent of the unaccompanied youth who arrive at the border are between 15 and 17 years old, making a large group of those who are in the U.S vulnerable to deportation if the administration moves ahead with the policy.

“For a growing population of migrants deported from Mexico and the United States to Central America, the conditions upon return typically are worse than when they left, setting up a revolving-door cycle of migration, deportation, and remigration,” according to the nonprofit Migration Policy Institute. The group advocates better programs to reintegrate those who are deported to their home country.

If the Trump administration decides to move ahead with the policy proposal it will it will likely meet similar opposition to Trump’s travel ban on people coming to the U.S. from six Muslim-majority nations. Elements of the ban have been blocked by federal courts and a legal case against the policy will be heard in the U.S. Supreme Court this fall.

The new policy on unaccompanied minors could be blocked by the courts almost immediately, said Leon Fresco, the former head of the Office of Immigration Litigation at the Justice Department during the Obama administration.

The question is, Fresco said, “whether the administration wants to add this to the travel ban, sanctuary cities, Byrne Jag grants, and DACA repeal to the issues they would want the Supreme Court to have to decide this year.”

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

Read the complete report at the link.

These kids clearly are entitled to full and fair hearings before U.S. Immigration Judges with full rights of appeal. So, whatever Gonzo Apocalypto has up his sleeve must be clearly illegal.

DOJ career lawyers probably realize that their law licenses, and perhaps their individual freedom, could be at stake for participating in such an illegal operation. It would be nice to think that Sessions could also be held accountable under the law. But, as a high-ranking Government official, he’s likely to escape liability under the current Supreme Court rulings. Besides, Trump (or Pence) would probably pardon him anyway in the tradition of his fellow racist xenophobe “Racist Joe.”

PWS

09-21-17

 

 

 

AP: AILA TAKES ISSUE WITH SESSIONS’S UNSUPPORTED CLAIM THAT UNACCOMPANIED MINORS ARE “WOLVES IN SHEEP CLOTHING!”

https://www.boston.com/news/local-news/2017/09/21/heres-what-jeff-sessions-had-to-say-in-boston

Alanna Durkin Richer Reports for AP:

“Sessions, a Republican, said gangs are exploiting a program for unaccompanied minors found crossing the southern border by sending members over as ‘‘wolves in sheep clothing’’ and recruiting in communities.

Gregory Chen, director of government relations for the American Immigration Lawyers Association, called that assertion ‘‘truly baseless.’’ The program aids children fleeing violence in their home countries, he said.

‘‘He’s trying to inflame public opinion against this highly vulnerable population,’’ Chen said.

A few dozen protesters carrying signs with phrases such as #NotWelcome gathered outside the courthouse before Sessions’ speech to condemn his views on immigration and law enforcement.”

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

Read the full report of Sessions’s speech to law enforcement officials in Boston at the link.

Sessions is well-known for his alarmist, inflammatory rhetoric on immigration and his “fact-challenged” claims. While undoubtedly some gang members do come into the United States as so-called “unaccompanied minors,” I have seen no hard evidence on the extent of this problem.

PWS

09-21-17

 

NPR: THE TOTAL IDIOCY (AND WASTE OF RESOURCES) OF THE TRUMP-SESSIONS “GONZO ENFORCEMENT PROGRAM!”

John Burnett reports for NPR Radio. Listen here:

http://www.npr.org/2017/09/20/552339976/border-patrol-arrests-parents-while-infant-awaits-serious-operation

Here’s the written version:

When 2-month-old Isaac Enrique Sanchez was diagnosed with pyloric stenosis, a condition that causes vomiting, dehydration and weight loss in infants, his parents were told that their son’s condition was curable. The problem was that no hospital in the Rio Grande Valley of Texas had a pediatric surgery team capable of performing the operation on his stomach.

To make Isaac well, Oscar and Irma Sanchez would need to take their infant son to Driscoll Children’s Hospital, in Corpus Christi, Texas. It was just a couple of hours up the highway, but for them it was a world away.

The Sanchezes, who are undocumented, would need to pass a Border Patrol checkpoint.

“The nurse told us we had to go there,” Oscar says in Spanish. “We said we couldn’t go.”

While they pondered their predicament in a Harlingen, Texas, hospital, a Border Patrol agent showed up in the waiting room — Oscar Sanchez suspects a nurse turned them in — and said he could arrange for officers to escort the parents through the checkpoint to Corpus. But the agent said when they arrived, they would be arrested and put into deportation proceedings. The couple agreed.

The events that followed at the Corpus Christi hospital are the latest developments in a national controversy over so-called sensitive locations. Under President Barack Obama, the Department of Homeland Security adopted a policy that immigration agents should avoid enforcement actions at hospitals, schools, churches and public demonstrations unless there are special circumstances.

AROUND THE NATION
ICE Agents’ Tactics Raise Concerns About Migrants’ Access To The Justice System

 

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The Sanchezes’ 48-hour odyssey with federal agents shows the lengths to which the Trump administration will go to round up people in the country illegally, whether they have a criminal record or not.

The Border Patrol followed the ambulance, the night of May 24, as it raced to Corpus through desolate ranchland, carrying Oscar, Irma and tiny Isaac — with an IV in his arm and a tube in his stomach. Once they arrived at Driscoll Children’s Hospital, the green-uniformed agents never left the undocumented couple’s side. Officers followed the father to the bathroom and the cafeteria and asked the mother to leave the door open when she breast-fed Isaac.

“Everywhere we went in the hospital,” Oscar says, “they followed us.”

Customs and Border Protection says it is required to monitor subjects in custody “at all times” and tried to do so at the hospital “in the least restrictive manner possible.”

The next morning, agents took Oscar and Irma Sanchez, separately, from the hospital to the Corpus Christi Border Patrol station to be fingerprinted and booked. They were permitted to return. Oscar asked the surgeon if she could delay the operation until both parents could be in the waiting room. She agreed.

The parents said because Isaac is a U.S. citizen, the operation was covered by Medicaid.

“You feel vulnerable,” Oscar says. “We didn’t know if they were going to let us stay with our son or not.”

The Border Patrol, in an email to NPR, says it made sure to leave one parent with the baby at all times and that agents played no role in the decision to postpone the operation.

Driscoll Children’s Hospital, citing patient privacy, declined to discuss the case.

On a recent Tuesday 3 1/2 months after the operation, Isaac sat on his mama’s lap — all pudgy cheeks and wide eyes, wearing a top covered with little race cars. The family lives in a tidy, weathered frame house in North Brownsville, Texas.

“Thank the Lord, everything went well,” Irma says. “He still throws up a little milk, but thank God he’s fine.”

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Advocates are puzzled why the Border Patrol chose to put the Sanchezes under such intense supervision, which one would expect for higher-value targets like drug traffickers or MS-13 gang members. The couple has no criminal records. They overstayed visitors visas that were issued 12 years ago. He works construction and landscaping; she stays home with their four children, all of whom are citizens.

“I can’t pretend to understand any reasoning that would have led anyone up the chain of command to think that Irma and Oscar were flight risks or dangers to the community or in any other way people who needed to be followed into a hospital in order to be placed in deportation proceedings,” says Lisa Koop, a lawyer with the National Immigrant Justice Center. She will be asking an immigration judge in December to let the Sanchezes remain with their children in the U.S.

“That’s how you treat criminals that are harmful, and that’s understandable for our own protection,” says Ana Hinojosa, an immigrant advocate with the Mennonite Central Committee in Brownsville, who is also working on the case. “But they’re a family that’s just here trying to make a living, provide an education and a future for their children.”

Advocates are concerned that immigration enforcers are chipping away at places formerly considered safe zones. Three examples: Immigration agents detained six men after they left a church homeless shelter in Virginia; they removed a woman with a brain tumor from a Texas hospital and put her back in detention; and they arrested a father after he dropped off his daughter at school in Los Angeles.

As with the Corpus hospital, the agency maintains none of the arrests were actually made inside a sensitive location. But several members of Congress, all Democrats, are troubled just the same. They have proposed the “Protecting Sensitive Locations Act,” which would codify protected places in federal law. And it would expand them to include courthouses and bus stops.

“They’re pushing the envelope to the point where they’re trying to find out how far they can go,” says Bronx Rep. Jose Serrano, one of the bill’s authors. He is outraged by what happened to the Sanchez family in South Texas. “It violates human decency,” he says. “You don’t interrupt medical procedures.”

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

Obviously, Congress should not give DHS any additional enforcement resources, given that they have so little to do and such little internal discipline that they waste time and manpower needlessly on cases like this.

Under any sane Administration, these folks would have been granted “PD” or “prosecutorial discretion.” Even assyuming that the agency wished to go forward they could merely have mailed a Notice To Appear (“NTA”) to the couple at their home address or served them at home at a later date. The case isn’t going to be heard for months (or more) anyway.

This total lack of discipline and common sense started under and was enabled by Gen. John Kelly, at the urging of “Gonzo Apocalypto” Sessions, during the time when he was Secretary of DHS.

PWS

09-21-17

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.”

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

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

 

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.

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

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

 

“INEXCUSABLE OMISSIONS” — 4th Cir. Slams BIA For Unjustified Denial Of Family-Based Gang Threat Asylum Claim From El Salvador — BIA’s Shoddy Factual & Legal Analysis Of “One Central Reason” Exposed — ZAVALETA-POLICIANO v. SESSIONS!

1612

ZAVALETA-POLICIANO v. SESSIONS, 4th Cir., as amended 09-18-17 (Published)

PANEL:  GREGORY, Chief Judge, WILKINSON, Circuit Judge, and DAVIS, Senior Circuit Judge

OPINION BY:  Chief Judge Gregory

KEY QUOTE:

“We hold that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding. To start, the IJ unjustifiably relied on the fact that the threatening notes themselves did not explain why Zavaleta Policiano was targeted. As this Court recently explained, the single-minded focus on the “articulated purpose” for the threats while “failing to consider the intertwined reasons for those threats” represents “a misapplication of the statutory nexus standard.” Cruz v. Sessions, 853 F.3d 122, 129 (4th Cir. 2017). It is unrealistic to expect that a gang would neatly explain in a note all the legally significant reasons it is targeting someone. The IJ’s heavy reliance on the fact that El Salvadoran gangs target various groups of people in the country was similarly misguided. That “the criminal activities of MS-13 affect the population as a whole,” we have explained, is simply “beside the point” in evaluating an individual’s particular claim. Crespin-Valladares, 632 F.3d at 127.

More fundamentally, the IJ and BIA failed to appreciate, or even address, critical evidence in the record. It is this Court’s responsibility to “ensure that unrebutted, legally significant evidence is not arbitrarily ignored by the factfinder.” Baharon v. Holder, 588 F.3d 228, 233 (4th Cir. 2009). The IJ did discuss the threatening notes (although while drawing unwarranted conclusions, as discussed above). But the IJ failed to address, or to assign any weight to, the significant body of unrebutted, indeed, undisputed, probative evidence giving meaning and context to the threatening notes: (1) Zavaleta Policiano and her father’s stores, as well as their familial relationship, were well-known in the community; (2) MS-13 threatened Zavaleta Policiano several times by phone; (3) Zavaleta Policiano’s statement that MS-13 “threatened me because my father had left;” and (4) the threats against Zavaleta Policiano began immediately after her father fled to Mexico. These are inexcusable omissions in the agency’s analysis.

The Government asks us to reject much of the overlooked evidence, characterizing it as Zavaleta Policiano’s “subjective beliefs [] as to the gangs’ motives.” Appellees’ Br. 22–23. This argument does not explain away the IJ’s and BIA’s wholesale failure to discuss the evidence, however. See Ai Hua Chen v. Holder, 742 F.3d 171, 179 (4th Cir. 2014) (explaining that the IJ and BIA must “offer a specific, cogent reason for rejecting evidence” (quoting Tassi, 660 F.3d at 720)). What is more, Zavaleta Policiano’s affidavit includes much more than her “subjective beliefs”—it contains key evidence of the context, nature, frequency, and timing of the gang’s threats against her and her family. By stipulating to the credibility and veracity of the affidavit, the Government forwent the opportunity to probe and weaken the evidentiary basis of Zavaleta Policiano’s claims.

When considering the unchallenged record evidence, we are compelled to conclude that Zavaleta Policiano’s familial relationship to her father was “at least one central reason” MS-13 targeted and threatened her. The evidence shows that MS-13 explicitly threatened to kill Zavaleta Policiano’s father and his family if he did not pay the extortion demands, and that “[i]mmediately after” he fled El Salvador, the gang began threatening Zavaleta Policiano. A.R. 210. The timing of the threats against Zavaleta Policiano is key, as it indicates that MS-13 was following up on its prior threat to target Barrientos’s family if he did not accede to the gang’s demands. This explanation appears especially probable given the absence of record evidence that Zavaleta Policiano was ever threatened before her father’s departure. Beyond the timing, Zavaleta Policiano’s affidavit outlines the well-known relationship between the two businesses and the Policiano family, and contextualizes her statement that she was threatened because her father left. And just as MS-13 threatened Zavaleta Barrientos and his children, the gang threatened Zavaleta Policiano and her children, suggesting a pattern of targeting nuclear family members. The totality of this undisputed evidence demonstrates that Zavaleta Policiano was persecuted on account of her family membership.

We add that the BIA’s attempt to distinguish our precedent is unpersuasive. The BIA found, in a single sentence without any analysis, that Zavaleta Policiano’s claim is distinct from the one at issue in Hernandez-Avalos. A.R. 4 (mentioning Hernandez- Avalos, 784 F.3d at 949–50). But that decision actually bolsters Zavaleta Policiano’s position. There, the BIA denied asylum to a mother who was threatened by an El Salvadoran gang after she refused to allow her son to join the gang. The BIA held that the mother was not threatened on the basis of familial ties, but rather “because she would not consent to her son engaging in a criminal activity.” Hernandez-Avalos, 784 F.3d at 949 (citation omitted). In other words, the BIA determined that the gang’s threats against the mother were motivated by its desire to recruit the son. This Court rejected that “excessively narrow reading of the requirement that persecution be undertaken ‘on account of membership in a nuclear family.’” Id. We instead found that the nexus requirement was satisfied, explaining that the mother’s relationship “to her son is why she, and not another person, was threatened with death if she did not allow him to join [the gang].” Id. at 950. The same logic applies here. MS-13 warned Zavaleta Barrientos that it would target his family if he did not pay the extortion demands, and the gang in fact threatened Zavaleta Policiano immediately after her father left. Zavaleta Policiano’s relationship to her father is why she, rather than some other person, was targeted for extortion.

For all the reasons outlined above, we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required to prove that the gang’s threats were “exclusively” motivated by her family ties—such “a requirement defies common sense.” See Cruz, 853 F.3d at 130. She only needed to show that the relationship with her father was “at least one central reason” MS-13 threatened her. Because Zavaleta Policiano made this showing, we find the BIA decision to be manifestly contrary to law and an abuse of discretion. See Hernandez-Avalos, 784 F.3d at 953 n.10. By establishing that she was persecuted on account of her family membership, Zavaleta Policiano has satisfied the first two requirements of her asylum claim.”

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Read the complete decision at the above link.

“Inexcusable” describes how the Immigration Courts under the BIA’s defective leadership are skewing facts and law to deny protection to Central American refugees. Not everyone can get a great lawyer like Tamara Jezic, and not every Circuit Court is as conscientious as this Fourth Circuit panel. That means that many of those Central Americans being railroaded through the system by DHS and EOIR are being improperly denied protection.

How can Federal Courts including the Supremes justify continuing to give “deference” to an appellate body that possesses neither expertise in the law nor care in reviewing records? It’s clear that BIA appellate review has become highly politicized and biased against asylum seekers. How much more of this nonsense are the Federal Courts going to put up with?

It also appears that the term “excessively narrow reading” is a perfect description of the BIA’s recent precedent in  Matter of L-E-A, 27 I&N Dec. 40 (BIA 2017), in which the BIA tortured the law to come up with a way of denying most family-based claims. Will the Fourth Circuit “call out” the BIA on this attempt to evade the law by denying family-based asylum claims?

We need an independent Article I Immigration Court!

Thanks and congratulations to respondent’s attorney Tamara Jezic for alerting me to this important decision.

PWS

09-18-17

 

 

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.”

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

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

MIGRANTS ARE THE HOPE FOR REVIVING MANY SMALLER MIDWESTERN CITIES — TRUMP/SESSIONS “GONZO” ENFORCEMENT IS THE THREAT! — “In light of Trump’s policies, anything that hurts cities is bad for the Midwest, because we have a lot of cities back on their heels (after) population loss!”

http://www.chicagotribune.com/news/immigration/ct-midwest-immigrant-populations-met-20170918-story.html#nws=true

Marwa Eltagouri Reoorts for the Chicago Tribune:

“Like most Midwestern cities, this one is losing its native population. It’s becoming less appealing to the people born and raised there, who have their sights set on warmer states in the South and West.

But as locals move out, immigrants are moving in.

Rockford has manufacturing and aerospace jobs, and help-wanted fliers are taped inside the windows of storefronts. It’s a short drive from Milwaukee, Madison and Chicago. Housing is affordable. There are Buddhist temples and a mosque, and tight-knit immigrant communities that praise Rockford to friends and families overseas who are looking to settle in America.

For these reasons, among others, the city’s immigrant population grew by 64 percent from 2000 to 2015, according to U.S. Census data, helping to mitigate a net population loss of about 10,000 people between 2010 and 2016.

 

Rockford is emblematic of a larger trend that’s happening at a time when the country is torn over the issue of immigration. In more than 40 Midwestern cities, immigrants are a lifeline, bucking the pattern of population loss and revitalizing an aging workforce. In the last 15 years, immigrants accounted for 37 percent of the growth of Midwestern metropolitan areas — defined as a city and its surrounding suburbs. That’s a significant contribution for a region that has experienced the slowest growth in the nation.

In larger cities like Chicago, population loss is greater and the influx of immigrants isn’t having the same impact as in smaller Midwestern cities. Chicago and its suburbs lost 19,570 residents in 2016 — the most of any major city in the country.

Immigrants tend to settle in ethnic neighborhoods in larger cities, and have a more difficult time assimilating. Demographers predict that immigrants will likely keep fueling the populations of quieter, midsize cities like Rockford, where some say it’s easier to adjust to American life.

“I think in Rockford, you can be part of America,” said Sunil Puri, a Rockford businessman who moved there from India in the 1970s. “The middle class, in the middle part of the country, in Midwestern America.”

For many Midwestern cities with shrinking populations, immigration is a lifeline

Immigrants talk about resettling in Rockford, where the immigrant population grew by 64 percent from 2000 to 2015, according to U.S. Census data. “Rockford – it’s a great place for a refugee to start,” said Ahmed Muhammed, who moved to Rockford from Iraq in 2010. (Antonio Perez / Chicago Tribune)
Marwa EltagouriContact Reporter
Chicago Tribune

Like most Midwestern cities, this one is losing its native population. It’s becoming less appealing to the people born and raised there, who have their sights set on warmer states in the South and West.

But as locals move out, immigrants are moving in.

Rockford has manufacturing and aerospace jobs, and help-wanted fliers are taped inside the windows of storefronts. It’s a short drive from Milwaukee, Madison and Chicago. Housing is affordable. There are Buddhist temples and a mosque, and tight-knit immigrant communities that praise Rockford to friends and families overseas who are looking to settle in America.

For these reasons, among others, the city’s immigrant population grew by 64 percent from 2000 to 2015, according to U.S. Census data, helping to mitigate a net population loss of about 10,000 people between 2010 and 2016.

 

Rockford is emblematic of a larger trend that’s happening at a time when the country is torn over the issue of immigration. In more than 40 Midwestern cities, immigrants are a lifeline, bucking the pattern of population loss and revitalizing an aging workforce. In the last 15 years, immigrants accounted for 37 percent of the growth of Midwestern metropolitan areas — defined as a city and its surrounding suburbs. That’s a significant contribution for a region that has experienced the slowest growth in the nation.

In larger cities like Chicago, population loss is greater and the influx of immigrants isn’t having the same impact as in smaller Midwestern cities. Chicago and its suburbs lost 19,570 residents in 2016 — the most of any major city in the country.

 

Immigrants tend to settle in ethnic neighborhoods in larger cities, and have a more difficult time assimilating. Demographers predict that immigrants will likely keep fueling the populations of quieter, midsize cities like Rockford, where some say it’s easier to adjust to American life.

“I think in Rockford, you can be part of America,” said Sunil Puri, a Rockford businessman who moved there from India in the 1970s. “The middle class, in the middle part of the country, in Midwestern America.”

 

Immigrants can’t fully make up for population losses across the Midwest communities, but without them, cities and towns would be far worse off, demographers say.

The number of people born in the U.S. has declined since 2000 in about one-third of Midwestern metropolitan areas, according to a report compiled by Chicago demographer Rob Paral in May for the Chicago Council on Global Affairs. Another third of the cities have grown slowly — by less than 7 percent while the nation as a whole grew by 14 percent during that same time.

While immigrants made up 7.8 percent of Midwestern metropolitan areas in 2000, that number rose to 9.7 percent by 2015. The areas with the most foreign born people continue to be traditional gateway cities like Chicago, Minneapolis and Detroit. But in areas less-known for their immigrant communities, like Rockford, Iowa City, Bloomington, Ind., Wichita, Kan., Lincoln, Neb., and Grand Rapids, Mich., immigrants are starting to make up nearly 10 percent of the population.

In towns large and small across Indiana and Wisconsin, the trend is noticeable, according to people surveyed by the Tribune. They say their neighborhoods are diversifying, and they can count a number of newer, immigrant-owned restaurants or businesses they’ve visited. In Rockford, most residents believe the city to be welcoming to immigrants, and say instances of discrimination are generally rare. They also say they’ve noticed an effect on the economy.

“From an economic standpoint, we’re seeing the impact the immigrant population has on our city,” said Mayor Tom McNamara. “It’s pretty dramatic. Foreign-born residents are starting businesses at a more frequent rate.”

Rockford immigrants
Immigrants from several countries who’ve recently made Rockford their home gather at Catholic Charities of Rockford on Aug. 24, 2017. From left are: Girom Gebreslessie, a former refugee from Eritrea; Lusi Ntamuheza, a former refugee from Burundi; Thang Khen Mung, a former refugee from Burma; and Tshela Annie Mwambuyi, a former refugee from Congo. (Antonio Perez/Chicago Tribune)
Still, Rockford’s home county, Winnebago, voted for President Donald Trump, who promised to reduce illegal immigration and has proposed policies since taking office to do so. Last month, Trump embraced legislation that would dramatically reduce legal immigration and shift toward a system that prioritizes merit and skills over family ties.

Because foreign-born people are a key component of Midwestern cities, Paral said, policies that curtail immigration put their population growth at risk.

“In light of Trump’s policies, anything that hurts cities is bad for the Midwest, because we have a lot of cities back on their heels (after) population loss,” Paral said.”

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

Read the rest of the story at the link.

Wow! Just think how great America could become if we had an Administration that ditched the White Nationalist, racist, xenophobic agenda and instead worked to develop a sane immigration policy that actually advanced our national interests? That would include legalization, significantly expanded opportunities for legal immigration (and not just for English-speaking PHDs — forget the xenophobic, White Nationalist “RAISE Act” built on the premise that immigraton is bad and has to be reduced or “offset” – hogwash!), more enforcement of wage and hour laws, and concentrating immigraton enforcement resources on “bad guys” rather than folks who are here to hep us prosper and move forward.

Also, what would it be like to have an electorate where more folks voted their own and their country’s best interests, instead of voting their biases, fears, and erroneous beliefs (like, perhaps undocumented migrants should get in a nonexistent “line,” or that immigration is bad for American workers, or that migrants don’t want to assimilate and be part of the community).

Our daughter Anna and her family live just over the state line from Rockford in Beloit, WI. Migrants of all types are helping to revive what had been a “down and out” former manufacturing center. In other words, they are an important part of the “Beloit Proud” movement that is making Beloit a better place to live.

The Trump Administration and in particular “Gonzo Apocalypto” Sessions are getting in the way of progress. Pretty ironic for an Administration that claims to want to reduce government regulation and intrusions on American businesses and communities, while actually building an expensive and counterproductive internal police force in the guise of immigration enforcement.

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