😒LOOKING THE OTHER WAY @ GARLAND’S DOJ:  ☠️ Deadly Civil & Human Rights Violations Inflicted On Individuals Of Color By DHS/DOJ’s “New American Gulag!”

Alexandra Martinez
Alexandra Martinez
Senior Reporter
Prism
PHOTO: Prism

https://notify.dailykos.com/ss/c/atcYNHk4Eh2YdGnwBh-YDCxDIu4OO3SBv2TLoLPFt2czW0dtkj0znJv8y4_fpHhZU-HKs2U4–r_uxxFUTYhHuROxyBNaXybIMjYeD4ksiM97Shwx3b4Hq5WHNh5rUrm37DeupxU-lbnh-mAH_2w53MFbvc01bSsPa27VYNOiTFTIZoVASZIjao4JD7V00kVtSWTDOR1EfZJMNtRdbyStg/3k5/0Fp_rVbkQQqEJZKJd3JlJg/h4/jpbX9uAFBiBfKOSRVHl30U7E_t1pnXvo0RlNJi-44fA

In the early morning on Feb. 4, Jose boarded a packed airplane in Illinois filled with handcuffed immigrant detainees just like him. They were en route to another detention center in Oklahoma after theirs was ordered close. During the hour-and-35-minute flight, several people appeared ill, coughing and sniffling, but no one was able to socially distance. A few days later, Jose began experiencing the worst kind of sickness he had ever felt. He had contracted COVID-19. Jose joins the 1,126 other immigrants in Immigration and Customs Enforcement (ICE) detention who are currently being monitored and tested positive for the virus, representing a 395% surge in COVID-19 cases since January when there were only 285 reported cases.

“I was scared at one point. I’ve never been sick like that in my life,” Jose said. “I thought, ‘I’m going to die here.’”

Jose, who has asked to withhold his last name to protect his identity, is 25 years old and has lived in the U.S. since he came with his parents from Mexico at age seven; he has been in immigration detention for three months. He was originally detained in Illinois at McHenry County Jail, but when Illinois Gov. J.B. Pritzker signed the Illinois Way Forward Act, banning private and county-run immigration detention, Jose was one of 17 people from McHenry County Jail transferred to the Kay County Jail in Oklahoma.

“We really want to focus on getting releases and getting folks out of detention, instead of transfers to another facility,” said Gabriela Viera, advocacy manager at the Detention Watch Network. “We need to continue shutting down facilities until we are in a place where there are no more facilities for people to be transferred to.”

Another person in a different immigrant detention center, Jorge, was transferred from a facility in New York to Krome Detention Center in Homestead, Florida. According to advocates from the Queer Detainee Empowerment Project, he was exposed to COVID-19 and tested positive for the virus. Jorge has confirmed widespread reports that there is a complete disregard for the virus within the detention center, with no access to hand sanitizer or vaccines.

According to the National Immigrant Justice Center, both McHenry County Jail and the Jerome Combs Detention Center in Kankakee County experienced COVID-19 outbreaks among the ICE population at the time of these transfers. Advocates, public health experts, and members of Congress raised the alarm to Chicago Field Office Director Sylvie Renda in the days before the transfers about the risks of moving people to jails out of state under these circumstances, but ultimately, about 30 people were transferred from McHenry and Kankakee to Oklahoma, Indiana, and Texas.

“There was no distance between us,” Jose said. “When we got there, they just put us all in the dorm room.”

About four days after arriving in Oklahoma, Jose began feeling sick. His body ached, his sinuses were congested, and he had difficulty standing, especially during routine phone calls where there are no chairs provided. The extreme cold at night only worsened his symptoms, and he developed body shivers, chest pain, and a fever. He put in two requests to see the medic before he was finally tested for COVID-19 and confirmed that he had the virus.

“They’re not testing people regularly, and they’re not socially distancing, they’re not providing people with sufficient hygiene products,” said Diana Rashid, National Immigrant Justice Center’s managing attorney, who is representing Jose in his release request. “The spread is just going to continue.”

The medic gave him fever-reducing medication and vitamin D. He was returned to his 20-person pod and was told to remain in his bunk and try to self-isolate within his dorm room the size of a small basketball court.

“I thought they were going to move me to a cell alone,” Jose said. “But, they just left me in the room. I think I even got someone else sick.”

Jose is now recovering and feels better, but at least one other person has tested positive, with a total of nine positive cases in the detention center, according to ICE. But, Jose says that number may be even larger due to underreporting. When a person tests positive, they are put under quarantine for 10 days, meaning they cannot interact with other pods. Even worse, they are not taken out of their rooms for their court hearings, postponing an already delayed process and forcing them to stay in detention longer than necessary. According to Rashid, it would take about two to four weeks to get the first hearing in Chicago’s immigration court after a person is first detained.

“Everyone’s cases stalled for those who are in quarantine,” said Rashid.

Jose, who has been in quarantine for a majority of his detention, says that people are getting frustrated and desperate with the continued prolonging of their cases. Some are even considering signing the removal papers out of desperation.

“I just want to go ahead with my court proceedings and get out of here,” said Jose. “I want to make it to the light at the end of the tunnel.”

Immigration advocates hope more states will follow Illinois and close their detention centers. A total of 41 people were released from these jails during January in Illinois, but they believe that everyone, including Jose, should have been released on the current ICE enforcement memo guidelines. Advocates are also continuing to push for Congress to cut funding for immigration detention and enforcement and hope to invest in vital programs that uplift their communities instead, like health care, affordable housing, and education.

Prism is a BIPOC-led non-profit news outlet that centers the people, places, and issues currently underreported by national media. We’re committed to producing the kind of journalism that treats Black, Indigenous, and people of color, women, the LGBTQ+ community, and other invisibilized groups as the experts on our own lived experiences, our resilience, and our fights for justice. Sign up for our email list to get our stories in your inbox, and follow us on Twitter, Facebook, and Instagram.

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Assistant Attorney General, Civil Rights, Kristen Clarke looks for civil rights violations by state and local governments. Yet, she studiously ignores those being committed in broad daylight by her boss’s dysfunctional and biased Immigration Courts and the immigration detention empire he enables, supports, and defends.

As Alexandra’s report notes, one well-known result of prolonged detention in intentionally unsafe and substandard conditions is to “duress” individuals into giving up legal rights. Could there be a clearer violation of our Constitution going on right under Garland’s nose?  I doubt it! But, no stand against these clear abuses. It’s as if “Gonzo” Sessions, “Billy the Bigot” Barr, and “Gauleiter” Stephen Miller were still calling the shots for Garland!

Gulag
“The New American Gulag” (“NAG”) operates right under the noses of civil rights honcho Kristen Clarke and her boss AG Merrick Garland with their blessing. Indeed, they have “embedded courts” in the NAG! So much for the  Biden Administration’s commitment to civil rights. GULAG PHOTO: Public Realm.

 

 

Almost from the “git go,” the Biden Administration has avoided dealing effectively and honestly with the “second (or third) class justice system” being inflicted by the DOJ, disproportionately targeting individuals of color and ethnic communities in America! It’s a rather glaring case of “do as I say, not as I do” that doesn’t appear to have escaped the notice of some Trump Article III judges. They turn the DOJ’s spineless “Dred Scottification” and “Miller Lite” actions and arguments back against them to undermine racial justice, fundamental fairness, and truth in all areas.

In a truly revolting🤮, yet highly revealing, interview with Savannah “Why Am I Giving Air Time To This Bad Dude” Guthrie on today’s Today Show, “Billy the Bigot” Barr made it clear that he considers corruption, lies, fascism, racism, and the final destruction of American democracy a “small price to pay” to fight the “real problem:” Progressive, humane, values-based governance in the common public interest. 

But, somehow, Garland and others in the Biden Administration see no reasons to take a stand against this dangerous nonsense! 

Remember folks, BTB is the overt racist who casually and glibly told Lester Holt  that “Black Lives Matter” is the “Big Lie!” He knows there will be no accountability for GOP enablers like him! Who’s the next “exclusive” for the NBC News crew, the Grand Dragon of the KKK? And, you can bet that if empowered again, the GOP will have no problem reviving the “White Nationalist Clown Show”🤡 @ DOJ. 

That leaves the fight for the future of our nation to the NDPA and others who believe that America doesn’t necessarily have to spiral downhill into a “MAGAland” grave, ⚰️ but could actually become something better than we are today! It’s not a given that we can build a better nation and a better world, but it is a possibility. 

Will the next generation stand up for a better future for everyone, or fulfill the nasty, backward-looking vision of lies, hate, and intolerance that BTB and the rest of the GOP right have mapped out for them?

🇺🇸Due Process Forever!

PWS

03-07-22

🇺🇸🏴‍☠️RACE IN AMERICA: CARRIE ROSENBAUM “GETS IT,” EVEN AS MAYORKAS, GARLAND, HARRIS & THE OTHER BIDEN HYPOCRITES PRETEND NOT TO:  “Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.”

Carrie’s guest blog in ImmigrationProf Blog should be be read and taken to heart by everyone who believes in a better, racially equal, America:

https://lawprofessors.typepad.com/immigration/2021/10/guest-post-by-carrie-rosenbaum-the-slippery-slope-of-systemic-racism-in-immigration-law-del-rio.html

Friday, October 1, 2021

Guest Post by Carrie Rosenbaum: The Slippery Slope of Systemic Racism in Immigration Law – Del Rio

By Immigration Prof

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The Slippery Slope of Systemic Racism in Immigration Law – Del Rio by Carrie Rosenbaum

When Senator Maxine Waters proclaimed that what we witnessed in Del Rio, Texas last week, Customs and Border Protection officers on horseback whipping black men, harkened back to slavery, she drew an age-old, but still relevant connection between slavery, Jim Crow, and anti-immigrant racism. In a press briefing, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas stated, “[w]e know that those images painfully conjured up the worst elements of our nation’s ongoing battle against systemic racism.” Yet, if both are right, where are our equality, anti-racism principles and why haven’t they been enough to dismantle systemic racism? Should U.S. anti-discrimination law inhibit anti-black and anti-immigrant racism, in the U.S. and at the border? Does it? Is there a slippery slope, such that undeterred discrimination against immigrants at the border seeps beyond the immediate individuals at the border?

Senator Waters was right to blur the boundaries of citizenship and rights in her speech. Racism begets racism, and racism towards black Haitians at the border translates to anti-black racism within the United States, just as anti-Mexican racism does not confine itself to noncitizens, and never has. Examples abound including obvious examples, like Latinx lynching of the late 1840s through 1920s (which coincided with lynching of Blacks), mass expulsion or “repatriation” of persons of Mexican descent that included U.S. citizens in the early 1920s and 1930s again via “Operation Wetback” in the  1950s and more subtle ones like exploitation and expropriation of Mexican and Central American farm workers and laborers, whether authorized or not, and colorblind or race neutral policies that fall most heavily, even if not completely, on persons from Mexico and Central America, like border jails.

While the Equal Protection clause of the U.S. constitution does not limit itself to citizens, it falls vastly short in protecting racialized people of color, especially immigrants. The U.S. treatment of Haitians in Del Rio implicates the problem of anti-black and anti-immigrant racism, and is indicative of the express and implicit bias that continues to evade remedy. It runs much deeper than the disturbing images of CBP agents on horseback, and its impacts have ripple effects.

At the same time that DHS Secretary Mayorkas decried systemic racism, he spelled out the government’s potential argument that the exclusion of Haitians, and Central Americans, and Mexicans that accompanies such brutal treatment was not discriminatory pursuant to the current state of immigration equal protectionHe stated, “if we are able to expel them under Title 42 … we will do so” and announced that its application was “irrespective of the country of origin, irrespective of the race of the individual, irrespective of other criteria that don’t belong in our adjudicative process and we do not permit in our adjudicative process.”

Yet this is precisely how systemic racism flourishes. The reality is, this provision has been used to exclude the same racialized immigrants who have been subject to the worst treatment under immigration law. However, because the law is colorblind, Mayorkas can suggest that there was no discrimination. Pursuant to the Supreme Court’s 1977 Arlington Heights decision, discriminatory impact has to be accompanied by proof of discriminatory intent. Just by saying that wasn’t his (or implying it was not Congress’) intent, he can erase what too many know to be real. A new immigration priorities memo by the Agency released today stated that ““We must ensure that enforcement actions are not discriminatory and do not lead to inequitable outcomes.” It is a step in the right rhetorical direction, but does little to meaningfully address the colorblind racism that plagues enforcement.

What is the solution? Aside from a more expansive interpretation of the Equal Protection doctrine in line with Justice Sotomayor’s dissent in the Trump era Deferred Action for Childhood Arrivals case, and modest progress at the district court level in the crimmigration context, Congress could take steps to stop racial harm inflicted via immigration law and policy. By creating a path to legal status for those who not only have been here, but who have suffered the greatest harms of systemic racism, Haitian immigrants, Mexican immigrants, and others, Congress could start to undo the damage. It could also stop the relatively new practice of detaining or imprisoning migrants at the southern border, who happen to be almost entirely from Mexico and Central America, or abolish immigration prisons entirely. The policies that result in the imprisonment of Mexicans and Central Americans at the southern border now started with expulsion and imprisonment of Haitians in the 1980 and 1990s. Instead of expulsions and rumored potential imprisonment at the notorious Guantanamo Bay as was done in response to Haitians fleeing violence after the U.S. supported overthrow of democratically elected president, Jean-Bertrand Aristide, the U.S. could re-evaluate both its involvement in foreign affairs, and treatment of those who flee here after our interventions cause disruption and civil strife. The largest number of Black migrants come from Haiti and their mistreatment is rooted in anti-Black racism. Racializing anti-immigrant demonization does not confine itself to noncitizens, nor should the remedies. Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.

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Carrie Rosenbaum

Law Offices of Carrie L. Rosenbaum

Lecturer & Visiting Scholar, UC Berkeley

Access my law review articles and scholarship on SSRN 

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Very eloquently said, Carrie! 

Compare this with the racist blather and White Nationalist nonsense of nativist pols like Abbott, DeSantis, Cruz, Cotton, and others who glorify Jim Crow and seek to force a sanitized, whitewashed version of American history down the throats of the public! 

Also, compare this with the intellectually dishonest actions by Biden Administration officials. They disingenuously claim to be champions of racial equality and racial justice.

But, in reality, they operate “star chamber courts,” “New American Gulags,” and implement discredited, outmoded, and ineffective “Stephen Miller Lite” border enforcement policies that basically dehumanize people of color and deny them the due process and equal protection to which they are entitled under law. Also, think about the many Federal Judges who spinelessly enable that which most first year law students could tell you is illegal and unconstitutional, not to mention totally immoral! 

What  exactly does Assistant AG for Civil Rights Kristen Clarke do every day at the Civil Rights Division if unraveling the White Nationalist, racially tone deaf policies of her own Department, the DHS, and the “star chambers for people of color” being operated by her “boss” aren’t first and foremost on her “to do” list?

“Floaters”

“Floaters” — The ugly reality of Biden’s “Miller Lite border strategy.”  It’s mostly people of color floating face-down in the river, being illegally returned to danger zones, rotting in the “New American Gulag,” and being railroaded through Garland’s biased and dysfunctional “star chamber courts.” Right now, Garland and and the rest of of the Biden Administration have “zero (0) credibility” on racial justice and voting rights!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

The biggest failure of the Biden Administration to date is their willful blindness to the obvious connection between lack of overall racial justice in America and running star chambers, gulags, and border enforcement policies that are unconstitutional, dehumanizing, and racially demeaning to individuals of color. Sadly, and tragically we seem to have gone from “zero tolerance” under Trump to “zero credibility” under Biden! “When will we ever learn, when will we ever learn?”

🇺🇸Due Process Forever!

PWS

10-02-21

NOT ROCKET SCIENCE, 🚀 BUT BIDEN ADMINISTRATION LACKS EXPERT PROGRESSIVE LEADERSHIP WHO “GETS IT” — Will VP Harris Be Able To Break Out Of The “Death Spiral” ☠️ Of “Proven, Guaranteed To Fail” Racist Immigration Deterrence? — “It’s Groundhog Day at the border, and Biden is mindlessly laying the foundation for more problems in a few years. We’ve watched it all play out before. Immigration deterrence doesn’t work.” 

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”. — “The reality of racial justice and the rule of law for people of color at our Southern Border is rather sobering, as the Biden Administration fails to usher in needed progressive reforms. How many more people will die because this Administration won’t follow the Constitution, The Refugee Act, and our international obligations? We’ll never achieve racial justice so long as dehumanization of people of color is our official policy, carried out by a broken and dysfunctional DOJ!”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
Vice President Kamala Harris
Vice President Kamala D. Harris
Vice President of the United States — “Will she be able to get beyond the mistakes of the past and put rationality, humanity, and the rule of law in place at the Southern Border. So far, the results of her leadership are NOT encouraging for those who believe in progressive, humanitarian, legal policies.”
(Official Senate Photo)

https://www.washingtonpost.com/opinions/2021/06/03/immigration-mexico-guatemala-kamala-harris-biden-border-reform/

Opinion by James Fredrick in WashPost

June 3 at 3:44 PM ET

James Fredrick is a multimedia journalist based in Mexico City and covers migration, crime, politics and sports.

. . . .

Obama tried deterring migrants with his characteristic lawyerly tact. Trump did it with his cruel, petty impulsiveness. Biden is doing it with his folksy toughness. The styles are different, but the results of immigration deterrence will always be the same.

We’re trapped in this cycle because the U.S. government refuses to listen to migrants. Having met hundreds of migrants during my years reporting in Mexico and Central America, it’s obvious why deterrence doesn’t work: What’s at home is worse than anything the United States could threaten. Most migrants don’t want to leave home. But they do because violent death or crippling destitution is all that’s left.

Failing to actually come up with a solution, we of the “greatest country on Earth” become tremendously feeble and defensive at the arrival of a few thousand immigrant children. But there is another way.

We must treat immigration as a civil and humanitarian issue, not a criminal one. Criminalizing people fleeing violence, persecution, climate change or economic hardship exacerbates these problems. So decriminalize border crossings and rebuild border facilities as welcome centers, not jails. Border Patrol and Customs and Border Protection agents at the border should be social workers, not cops.

If Trump’s family separation atrocity showed us anything, it’s that millions of Americans want to help immigrants in need. The United States should cooperate more with these groups. There are already large networks around the country that can provide housing, food, legal services, education and medical services to immigrants. Why rely on expensive armed border agents instead of willing, motivated humanitarian groups?

Immigration laws should also address the challenges of the 21st century. In addition to decriminalizing border crossings, our immigration laws rely on outdated quotas and corrupt, abusive worker programs. Asylum law is a relic of the Cold War and doesn’t reflect the world today.

Finally, Washington should stop making the problems worse with bad foreign policy. Despite numerous abuses, scandals and criminal allegations involving Honduran President Juan Orlando Hernández, the Biden administration refuses to denounce him, though many think he is responsible for the conditions Hondurans are fleeing. In fact, Biden administration officials are working with Hernández to try to prevent Hondurans from fleeing. He’s just one example in a long history of U.S. meddling to prop up corrupt, abusive, U.S.-friendly regimes. No amount of U.S. dollars in aid can make up for bad foreign policy.

President Biden can’t stop the crisis today. After all, he helped create it. But he can make sure this is the last “border crisis” we face.

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Read the complete op-ed at the link.

Ah, “mindlessly” — one of my favorite terms, usually applied these days to Garland and his inept team at DOJ! Actually, Frederick isn’t the only one to figure this out! 

The problem remains, as I have stated over and over, the toxic failure of the Biden Administration to bring progressive experts in immigration, human rights, civil rights, and “applied due process” into Government and empower them to solve the problems! It’s bizarrely compounded by the disgraceful unwillingness of those few in the Biden Administration, like Vanita Gupta and Kristen Clarke, who actually know better, to speak up for racial justice, social justice, human rights, and human dignity at the DOJ! 

Unless VP Harris wakes up, convinces her boss, and brings in the progressive experts, she’s headed for the abyss, taking thousands of vulnerable refugees and, perhaps, American democracy down with her! 

Refusal to listen: to migrants, their representatives, experts, our “better angels,” and common sense! The same problems, over and over, Administration after Administration, decade after decade! The same “built to fail” policies repeated! 

The truth is in front of the Biden Administration! But, like Garland, Mayorkas, and others leading the way over the cliff, Biden and Harris can’t see it! They appear to have “tuned out” those desperately trying to keep them from plunging over the precipice! So tragic, so unnecessary, so threatening to American democracy and the future of humanity!

🇺🇸🗽Due Process Forever!

PWS

06-05-21

🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯

 

Gender Violence in Central America
Gender Violence continues to to be endemic in Latin America! Yet, shockingly, its victims, refugee women of color, can expect little protection in Garland’s Immigration Courts still applying Jeff Sessions’s inaccurate, misogynistic precedent in Matter of A-B- and continuing to be staffed by too many “judges” selected or promoted by the Trump Administration because of their perceived willingness to support anti-asylum policies targeting many women of color! Recently Garland outraged progressives by appointing 17 “Miller/Barr Holdovers” to powerful, life or death, Immigration Judge positions while eschewing better-qualified progressive experts from the private sector who could bring diversity and gender and racial justice to his dysfunctional Immigration “Courts!” 
PHOTO: UNHCR website

https://www.dallasnews.com/opinion/commentary/2021/06/03/abuse-of-women-and-children-at-root-of-immigration-crisis/

Abused women at border
Migrant women carry children in the rain at an intake area after turning themselves in upon crossing the U.S.-Mexico border, late Tuesday, May 11, 2021, in La Joya, Texas. The U.S. government continues to report large numbers of migrants crossing the U.S.-Mexico border with an increase in adult crossers. But families and unaccompanied children are still arriving in dramatic numbers despite the weather changing in the Rio Grande Valley registering hotter days and nights. (AP Photo/Gregory Bull)(Gregory Bull)
Natalie Gonnella-Platts
Natalie Gonnella-Platts
Director, Women’s Initiative
George W. Bush Institute
PHOTO: Bush Institute
Jenny Villatoro
Jenny Villatoro
Associate, George W. Bush Institute-SMU Economic Growth Initiative
PHOTO: George W. Bush Institute

By Natalie Gonnella-Platts and Jenny Villatoro In the Dallas Morning News:

When U.S. Border Patrol found him in the Texas desert, 10-year-old Wilton was crying, “they abandoned me.” Exhausted and alone, his image went viral — a poignant visual of the struggle faced by thousands seeking safety.

But Wilton’s story actually began in Nicaragua when his mother, Meylin, wasn’t able to get legal protection from an abusive partner. Mother and son fled to the United States, seeking asylum, but were expelled under a public health rule and sent to Mexico, where they were kidnapped, according to an account in El Pais. Meylin’s brother in Miami could pay only half the ransom — enough for Wilton alone to be released.

Although Meylin was ultimately released and reunited with her son, the tale that led to Wilton’s arrival at the border as an unaccompanied minor isn’t unique. It illustrates the fact that gender-based violence, revictimization and lack of justice affect children, families and communities thousands of miles away. It also highlights the importance of a safe and legal pathway into the United States for survivors of gender-based violence and other asylum-seekers. For many, arriving at the U.S. border seeking asylum is the only legal pathway available.

Immigration reform in the United States is essential to assuring that we have a secure and efficient border, a system flexible enough to handle changes in migrant flows, and the capacity to treat each migrant with dignity. But more needs to be done in the migrants’ home countries, too, so that they are not forced to flee for their safety in the first place.

Any comprehensive plan on Central America and immigration reform should address gender inequity and gender-based violence.

They are not siloed issues to acknowledge only when horrific stories of femicide and human trafficking force us to pay attention. Rather, they are deeply entangled with broader challenges of corruption and poverty. Proposed solutions shouldn’t overlook the impact of gender-based violence on migrant flows, economic development, education and health.

Fourteen of the 25 most dangerous places for women are in the Western Hemisphere, including countries within Central America. Patriarchy and gang violence subject women and girls to abhorrent actions of abuse and control.

Honduras and El Salvador saw some of the highest incidences of femicide within Latin America in 2019, at rates of 6.2 and 3.3 per 100,000, respectively. In Guatemala, adolescent girls are at a high risk of being “disappeared,” with 8 out of every 10,000 girls between the ages of 15 and 17 reported missing each year.

COVID 19-related lockdowns are being exploited by gangs looking to strengthen control: El Salvador alone has seen a 70% increase in gender-based violence since the beginning of the pandemic. And lockdowns have forced vulnerable individuals to stay in close proximity to their perpetrators. Guatemala, Honduras and El Salvador reported an increase in intrafamily violence, with El Salvador reporting an increase in intrafamily femicides as well.

Justice systems and access to services need to be strengthened to ensure adequate protection for all under the law. Legal protections often are inhibited by weak institutions, corruption and a culture of impunity toward perpetrators.

According to a 2017 national survey, two-thirds of Salvadoran women over the age of 15 have experienced violence, but only 6% have ever reported it. While laws against child marriage exist across the region, in some countries about 1 in 3 young women are in a union before age 18. Post-trauma support and efforts that inform Central American women of their rights and agency are critical interventions that could help women like Meylin.

Females have been disproportionately affected by the devastating impact of hurricanes Eta and Iota, but the status of women and girls is chronically overlooked in response efforts, exacerbating the risk of violence.

Women and girls must be seen and heard. Greater focus on gender and age-disaggregated data collection and in tracking the effectiveness and efficiency of legal systems is crucial. And women and their lived experiences need to be more fully represented at all leadership levels.

Finally, direct outreach to local communities should be a priority for U.S. government and private sector-led programs. This includes resource and capacity support for advocates and organizations that serve as lifelines for those affected by violence, often at great personal risk. Engagement with men and boys is equally imperative.

How can anyone be expected to thrive when her day-to-day priority is simply to survive? The United States needs to recognize that gender-based violence and gender inequity drive migration.

Immigration reform must include strategies to address the root causes of migration from Central America in effective and lasting ways to prevent situations like Wilton’s and Meylin’s. Women and girls must be front and center in these solutions.

Natalie Gonnella-Platts serves as the director of the Women’s Initiative at the George W. Bush Institute.

Jenny Villatoro is an associate for the George W. Bush Institute-SMU Economic Growth Initiative.

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

“Deterrents” and illegally abusing asylum seekers DON’T WORK! It’s not that difficult a concept. Indeed, these misguided attempts at deterrence have been failing consistently under Administrations of both parties for the past four decades. One would think that an “enlightened nation” would try a different approach rather than simply repeating the costly failures of the past in various forms.

What we need are functioning refugee and asylum systems, led and staffed by progressive experts, operating from INSIDE Government, that will grant status to qualified refugee women in a fair and timely manner and set favorable precedents even while separately addressing the endemic problems in the “refugee-sending countries.” Of course, it will result in more legal immigration of refugees and asylum seekers to the U.S. That’s a good thing for both us and those individuals, not something to be feared or unlawfully and dishonestly “deterred!”

With stagnating population growth, we should welcome and facilitate legal immigration of courageous, talented, dedicated refugee women from all countries and their children through the refugee, asylum, and a much more robust legal immigration system! 

Debi Sanders
Debi Sanders ESQ
“Warrior Queen” of the NDPA
PHOTO: law.uva.edu

Thanks to NDPA warrior-queen Debi Sanders for sending in this item. This report should be great evidence for those litigating to halt the Garland misogyny mess at EOIR and, sadly, to some extent in U.S. Courts of Appeals that have chosen to sweep both reality of what’s happening in the Northern Triangle and the patent unconstitutionality of a system governed by bogus precedents entered or promoted by AG’s affiliated with DHS Enforcement who also packed and reshaped the immigration “judiciary” in the image of nativist restrictionists! However, compelling as it is, the report only adds to the existing body of documentation of the dishonest approach by Administrations of both parties to Latin American asylum claims, particularly those of women and children.

For Pete’s sake, first and second year law students know that the EOIR travesty is unconstitutional! Why are life-tenured Article III Judges covering it up? Hopefully, history will take note of their mal-performance on the bench! These guys are life-tenured! So, what’s their excuse for not upholding the Constitution against clear Congressional and Executive abuses?

Hard for me to say this. But, former President George W. Bush is doing more for human rights, gender rights, civil rights, and immigrants rights’ than Garland or anyone else at the Biden DOJ! At least he speaks out publicly for the humanity and contributions of migrants and for their fair and generous treatment, which is more than any member of the Biden Administration has done as they continue to mistake softening the rhetoric with taking firm action to reverse White Nationalist policies and replace them with readily achievable progressive ones.

George W. Bush
030114-O-0000D-001.President George W. Bush. Photo by Eric Draper, White House. “Why is this guy willing to speak up for immigrants’ rights . . . .

Meanwhile, despite pleas from nearly every expert, progressive, human rights, immigrants’ rights, and gender rights group in the U.S., Garland continues to allow Sessions’s wrong, toxic, and misogynistic decision in Matter of A-B – to remain in place and threaten the lives of female refugees while ignoring the misogynistic, anti-asylum, culture inculcated by Sessions and Barr at EOIR that continues to flourish and daily dish out abuse to migrants and their representatives without meaningful consequences. 

Judge Merrick Garland
“ . . . while this guy continues to apply misogynistic precedents, eschew progressive experts, recycle failed ‘Aimless Docket Reshuffling’ gimmicks, and allow the Trump-era anti-asylum culture to continue to flourish at EOIR and DOJ?” Attorney General Merrick B. Garland
Official White House Photo
Public Realm

What, indeed, is someone like AAG Vanita Gupta doing with herself at Garland’s anti-progressive, and anti-due-process mess at DOJ? Why are folks like her and Assistant Attorney General Kristen Clarke there in the first place if they aren’t going to stand up to Garland’s tone-deaf, inept approach to gender rights, human rights, and racial justice @ EOIR? How, on earth, do you lead a “Civil Rights Division” while turning a blind eye to grotesque violations of civil and human rights going on daily in your “Boss’s” wholly owned “court” system that functions like no “real court” in America? What’s DAG Lisa Monaco doing presiding over a gender disaster at EOIR? It’s straight out of “Jim Crow!” 

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism, still right at home at Garland’s EOIR!
Woman Tortured
“She struggled madly in the torturing Ray” — “Do Garland, Monaco, Gupta, & Clarke work in ‘sound-proofed offices’ where they can’t hear our tortured screams and moans? What’s wrong with those guys? We’re suffering and dying while they are fiddling and diddling!”
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons

And, I wouldn’t say that Vice President Harris is looking very good either, as she “swallows the whistle” on notorious scofflaw human rights violations that she was well aware of from her time in the Senate! Doesn’t anyone in the Biden Administration have the backbone to speak up for human rights, human decency, and restoring the rule of law? Is it REALLY our position that following the Constitution, our statutory laws, and the international treaties to which we are party is beyond the capabilities of the U.S. Government? If so, what, may I ask, is the difference between us an any third world dictatorship where laws have no meaning?

Vice President Kamala Harris
Vice President Kamala D. Harris. “Our first African-American, AAPI, child of immigrants VEEP seems curiously deaf and indifferent to the gross abuses being heaped on migrants and women of color at EOIR and at our Souther Border! What’s her excuse for turning her back on the progressive, human rights, gender equality groups that helped put her in office. Why is she remaining silent as Garland continues to appoint Billy Barr’s hand-selected non-progressive, non-diverse Immigration Judges to a life-determining “judiciary” that the Biden Administration wholly controls? How can you create a progressive, diverse, Article III Judiciary that will promote racial equity when you’re unwilling to apply those values and selection criteria to a huge judiciary that you actually control? What message are you sending to ‘next generation progressive attorneys of color’ when you allow Garland to ignore them in favor of lesser qualified candidates? Why aren’t you out there actively recruiting more attorneys of color and other underrepresented groups for the Immigration Judiciary rather than allowing Garland to use same-old, same old bogus “USA Jobs Phantom recruitments?” Lots of unanswered questions here!
Vice President of the United States
(Official Senate Photo)

I can’t figure it out! But, I do know that Garland’s lousy stewardship at EOIR, failure to speak out for fundamental fairness, usher in progressive changes, and restore due process @ EOIR has reached “crisis proportions” affecting our entire justice system and threatening democracy!

Hopefully, progressive advocacy, human rights, and civil rights groups will keep up the pressure and demands for long, long, long overdue and readily achievable changes at EOIR: in leadership, precedents, culture, and administration of justice! (Get this: Garland just created yet another bogus “Dedicated Docket” without a functional e-filing system to make it work! That’s “Aimless Docket Reshuffling 101,” as anyone who has actually had to deal with the mess in his Immigration Courts could tell him. But, he’s apparently not interested!) Right now, it’s an unmitigated “disaster zone” continuing to spiral downward!

There is a direct link between the “Dred Scottification of the other” that Garland countenances at EOIR and the overall failure of our justice system to deal effectively with institutionalized racism! The U.S. has a long, disreputable history of treating women and persons of color as “non persons” under the Constitution. Much of it traces to our immigration laws where “the others” are routinely dehumanized, stereotyped, demonized, and abused by those who falsely claim to be furthering the “rule of law!” We will NOT achieve racial justice for all in America until we deal with the festering wounds intentionally inflicted on women, children, and people of color in our immigration system, at EOIR, and illegally continuing at our borders! 

By choice, Garland now “owns” the misogynistic, anti-due-process, anti-asylum disaster @ EOIR. Make him deal with it in a constructive way!

🇺🇸🗽⚖️🧑🏽‍⚖️Due Process Forever! Garland’s continued tolerance of misogyny and the anti-due-process, anti-asylum culture at EOIR, NEVER! Stop Garland’s continuing misogynistic nonsense before more refugee women and people of color needlessly die! What’s it going to take finally to get some “real justice @ Justice?”

PWS

06-05-21

 

☠️⚰️🤮— Jeff “Gonzo Apocalypto” Sessions Unethically Lied, Misrepresented, & Distorted To Declare “Open Season” On Brown-Skinned Refugee Women From El Salvador In His Matter of A-B- Atrocity — More Evidence Surfaces of His Treachery & Corruption —  “‘The serial killer of women in Chalchuapa is not an isolated incident,’ said the feminist and social activist Morena Herrera. ‘It is an incident rooted in two factors: society’s permissiveness towards violence against women and institutional complicity. El Salvador’s institutions care very little about the lives of women – and I’m not just talking about the police,’ Herrera added.” — But Garland, Incredibly, Continues Session’s Legally Wrong, Factually Distorted, Morally Corrupt Policies!

 

 

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com. — Why won’t Garland repudiate “Gonzo’s” racist, misogynist, anti-due-process policies @ EOIR?
Republished under license
Woman Tortured
“She struggled madly in the torturing Ray”– Garland’s failure to repeal Matter of A-B-, revoke other xenophobic precedents and rules, and appoint progressive asylum experts to end the institutionalized racism, misogyny, and denial of due process at EOIR has become a national disgrace that is crippling the Biden Administration and squandering the support of progressives!
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons

https://www.theguardian.com/world/2021/may/25/el-salvador-house-of-horror-women-murders?CMP=Share_iOSApp_Other

El Salvador’s house of horror becomes grisly emblem of war on women

Authorities have sought to portray the ex-policeman at whose home up to 40 bodies, mostly female, may be buried, as a freakish psychopath, despite the arrest of nine other suspects

Bryan Avelar in Chalchuapa and Tom Phillips

Published:

05:00 Tuesday, 25 May 2021

Day after day they flock to the emerald green house on Estévez Street, seeking news of loved ones who have vanished without a trace.

“They say there are lots in there, maybe 40,” said Jessenia Elizabeth Francia, a 38-year-old housewife who had travelled 20 miles to reach the heavily guarded building under a punishing midday sun.

Francia had come to Chalchuapa, a small town in western El Salvador, in search of her son, Luis Fernando, who disappeared seven years ago at the age of 16. “I just want to find at least his bones so I can bury them and find peace,” she said, clutching a cellphone showing a photograph of her missing child and the words: “I have faith.”

Others sought daughters or wives, Central American women feared to have fallen prey to the house’s proprietor, the former police officer and alleged serial killer Hugo Ernesto Osorio Chávez, who is feared to have buried his victims inside.

El Salvador: dozens of bodies found at ex-cop’s house investigated as femicides

“She was 24,” said Candelaria Carranza Castro, a silver-haired mother whose daughter went missing in July 2015 and who was among those to visit the house on Monday. “Whatever has happened I want to find her.”

The mass grave at No 11 Estévez Street was discovered on the night of 7 May after neighbours called police having heard the cries of a young woman. By the time police arrived more than an hour later she and her mother were dead – reportedly bludgeoned to death with an iron tube by Osorio, who confessed to the crimes. While taking the 51-year-old into custody, police stumbled across the half-buried bodies of two men in the house’s patio and, when they started digging, found more corpses below in a series of pits.

Authorities have yet to announce the precise number of bodies buried inside but the excavators still probing its foundations believe there could be as many as 40, and no fewer than 15.

. . . .

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

Read the rest of the article at the link.

What, exactly, is Garland doing about EOIR to justify his continuance in office? What about supposed social justice, gender justice “activists” Lisa Monaco, Vanita Gupta, and Kristen Clarke? The continuing human rights, gender rights farce at DOJ and EOIR should outrage all progressives and be a continuing stain on all the reputations of feckless Biden Administration officials at the failed and ever more failing DOJ !

🇺🇸Due Process Forever!

PWS

05-28-21

❤️⚔️BRAVE NEW WORLD: CIVIL RIGHTS ICONS TO HOLD KEY POLICY POSITIONS @ JUSTICE UNDER GARLAND:  Will Vanita Gupta & Kristen Clarke Finally “Connect The Dots” Between Immigrants’ Rights & Civil Rights, Or Will DOJ Pursue Flawed “Two-Headed” Policy Of Past Dems?

Vanita Gupta
Vanita Gupta
Nominee for Associate AG
Photo: Brookings Institution, Paul Morigi, Creative Commons License
Kristin Clarke
Nominee for Assistant AG, Civil Rights
Photo: NAACP, Creative Commons License

Meet the courageous, dynamic , outspoken, new human-rights-oriented leaders looking to fulfill the Constitution and make “equal justice for all” a reality @ the DOJ and for America. Sam Levine reports for The Guardian.

https://www.theguardian.com/us-news/2021/feb/03/kristen-clarke-vanita-gupta-biden-justice-department?CMP=Share_iOSApp_Other

On her last day at the justice department in 2017, Vanita Gupta considered taking a picture as she left the agency’s headquarters on Pennsylvania Avenue. But she decided against it. Gupta, the outgoing head of the department’s civil rights division, once described as the “crown jewel” of the agency, didn’t really want to remember the moment, she told a reporter who was shadowing her for the day.

Jeff Sessions, then the incoming attorney general, was poised to unwind much of the painstaking progress Gupta, 46, and her colleagues had spent the last four years building. It was no secret that Sessions opposed the kind of court agreements the justice department used to fix unconstitutional policing policies across the country (“dangerous” and an “exercise of raw power” in Sessions’ eyes). Nor were there any illusions that Sessions would try very hard to enforce the Voting Rights Act, already on its last legs after the supreme court gutted a key provision in 2013 (Sessions described the landmark civil rights law as “intrusive”).

Many of those concerns came to pass. Trump’s justice department not only did little to enforce some of the country’s most powerful civil rights protections for minority groups, but in several cases it opposed them. It filed almost no voting rights cases and defended restrictive voting laws, tried to undermine the census, challenged affirmative action policies, sought to roll back protections for LGBTQ+ Americans, and limited the use of consent decrees to curb illegal policing practices. Gupta took a job as the head of the Leadership Conference on Civil and Human Rights, a coalition of civil rights groups across the country, where she became one of the leading figures pushing back on the Trump administration.

Joining Gupta in that effort was Kristen Clarke, a 47-year-old former justice department lawyer who leads the Lawyers’ Committee for Civil Rights Under Law, founded in 1963 to help attorneys in private practice enforce civil rights. As her group filed voting rights and anti-discrimination lawsuits across the country over the last few years, Clarke spent hours nearly every election day briefing journalists on reports of incoming voting problems. Reports of long lines, voting machine malfunctions, translator issues – no problem was too small. The monitoring sent a message that civil rights groups would move swiftly against any whiff of voter suppression.

Now, after years of leading the fight for civil rights from outside the justice department, both women are poised to return to its top levels, where they can deploy the unmatchable resources of the federal government. Last month, Joe Biden tapped Gupta to serve as his associate attorney general, the No 3 official at the department, and Clarke to lead the civil rights division. If confirmed by the Senate, Gupta would be the first woman of color to be the associate attorney general; Clarke would be the first Black woman in her role.

“They are both independently legit civil rights champions with a long deep history,” said Justin Levitt, who worked with Gupta at the justice department and knows both women well. “They’re going to make a really spectacular, really powerful team.”

Picking two career civil rights lawyers for two of the top positions at the justice department sends an unmistakable signal that civil rights enforcement will be a top priority for the agency over the next four years. Civil rights leaders said they could not remember a prior administration in which two of the department’s highest positions were filled by civil rights attorneys, especially two such as Clarke and Gupta.

“It’s going to be really important and energizing and exciting to be able to be in conversation and discussion with people who understand the department’s role in civil rights enforcement,” said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund (LDF), who has worked closely with both women. “But it’s also going to be exciting, and as a matter of resources, to have the department actually do civil rights enforcement.”

. . . .

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

Read the rest of these inspiring American profiles 🇺🇸🌟at the link. Don’t you think we need the “Vanita & Kristen” of immigration and human rights to lead the restoration effort at EOIR and the BIA?

Here are the “keys to success:”

  • Immigrants’ rights are human rights;
  • Human rights are civil rights;  
  • There can be neither racial justice nor equal justice in America until migrants are not only fully recognized as “persons” under our Constitution, but actually treated as such (as opposed to the active “dehumanization” and “Dred Scottification” of migrants and persons of color by the Trump regime and the GOP majority on the Roberts’ Court);
  • You can’t possibly “win the game” with the same players who “batted for the White Nationalists” over the past four years.

And, speaking of “Jewel in the Crown.”👑 That’s exactly how many of us in the “Round Table of Former Immigration Judges” 🛡⚔️ once viewed EOIR. The “EOIR Vision” was: “Through teamwork and innovation be the worlds’s best tribunals, guaranteeing fairness and due process for all.” 

So, Vanita, and I hope Kristen also, can imagine the anger and determination to fight with which our Round Table viewed the dismemberment of due process and weaponization of the Immigration Courts under Sessions, Whitaker, and Barr. From aspiring to be the “world’s best tribunals” to “Star Chambers” and a grotesque, dysfunctional national disgrace!

On the plus side: Both Gupta and Clarke are the daughters of immigrants. Both have written and advocated for immigrants’ rights as part of their civil rights leadership.

Caution. Obama Attorneys General Eric Holder and Loretta Lynch were “facially aggressive” on protecting voting rights and police reforms. Yet, at the same time they: helped DHS set deportation records; allowed EOIR to spiral toward dysfunction (to a large extent through failure to procure and properly manage resources and an indolent judicial hiring program that was both “closed and non-diverse in nature” and glacial in operation (2 years to fill an average judicial vacancy!)); supported “baby jails,” the “family gulag,” and toddlers representing themselves on asylum cases in Immigration Court; looked the other way as private prisons treated asylum seekers and migrants worse than convicted criminals; and “went along to get along” with the Administration’s misuse of the Immigration Courts as (a highly ineffective) deterrent to applications for asylum.   

Sessions, Whitaker, and Barr might have been the “Kings of Aimless Docket Reshuffling” at EOIR that helped produce an astounding 1.3 million case plus “backlog.” But, it started in earnest under the Obama Administration.

That’s what I mean by the “two headed policy:” arguing for voting rights for minorities in one courtroom while simultaneously ignoring the human and civil rights of migrants in the next courtroom. Arguing for the right to vote in one case, while arguing (apparently with a straight face) that toddlers who can’t speak English have no right to legal representation in the next case.

Not only that, but with the Biden Administration apparently looking to rapidly fill upcoming Article III vacancies, the Obama DOJ’s mishandling of the Immigration Courts has deprived President Biden of the chance to draw from a diverse group of younger, progressive Immigration Judges whose practical scholarship, commitment to human rights and due process, courage, and proven ability to function in a “high stress” judicial setting would make them strong candidates for the now-reeling Article III Judiciary.

That’s certainly not to say that there aren’t some potential progressive candidates for the Article III Judiciary among today’s present, and particularly recently “retired,” (some essentially “forced out” at relatively young ages as a “matter of conscience”) Immigration Judges. There are! But, only a fraction of the number there would have been if the Obama Administration had taken the Immigration Courts with proper seriousness. 

And, that’s leaving aside the lives that could have been saved and better jurisprudence that could have been “institutionalized” with better, merit-based, judicial selections at EOIR during the Obama Administration!

I sincerely hope that Vanita Gupta and Kristen Clarke can help Judge Garland get the job done at Justice. The “human rights/immigration world” will be cheering for you. Getting some of the folks from the New Due Process Army (“NDPA”) into key positions at EOIR and the rest of the DOJ will be an “early signal” of whether or not “Team Garland gets it.” 

Removing McHenry at EOIR was a good start! But, it’s only a small step in what has to be done to make racial justice and immigrant justice a reality at the DOJ. The “brooms and plungers” 🧹🚽 need to come out, and the sweeping and plunging has to be quick and widespread.    

On the other hand, there is “no patience for another Obama Administration” out here in the real world. Every day, EOIR and DOJ are killing folks, ruining lives, and abusing the brave and dedicated attorneys of the NDPA! If the rhetoric doesn’t produce short term results and drastic improvements, you can expect the same type of aggressive litigation from the NDPA that stopped the defeated regime from completely destroying the U.S. justice system.  

⚖️🗽Due Process Forever!

PWS

01-03-21

⚖️🗽TRANSITION: Biden Names Other Top Justice Officials!

Geoff Bennett (NBC News)
@GeoffRBennett

The Biden transition has officially announced: Merrick Garland, nominee for Attorney General; Lisa Monaco, nominee for Deputy Attorney General; Vanita Gupta, nominee for Assoc. Attorney General; and Kristen Clarke, nominee for Asst. Attorney General for the Civil Rights Division.
*********************
Gupta and Clarke have strong social justice backgrounds.

Monaco
, on the other hand, served as a Homeland Security Assistant to President Obama, and has a primarily prosecutorial/national security background. That could be troubling, given the marked tendency of Administrations of both parties to use bogus or exaggerated “national security myths” and overwrought “get tough prosecutorial stances” to violate both the civil and human rights of asylum seekers and other migrants.
I frankly had hoped for someone with a better demonstrated understanding of, and commitment to,  human rights, social justice, and the essential prerequisites they both are for achieving true national security. Unlike Judge Garland, I see little if anything in Monaco’s background that would qualify her to have a role in administering one of the nation’s largest, and perhaps most important, “court” systems: the U.S. Immigration Courts, now in total disarray and complete meltdown.
But, in the end, she’s President Biden’s choice and will be confirmed. Hopefully, we can work with her. At the same time, the NDPA should be prepared to “raise holy hell” if she performs like the Obama DOJ officials who abused, mismanaged, and helped destroy due process in the Immigration Courts.

 

The assignment of supervision of the Immigration Court function under the AG varies from Administration to Administration. In this case, incoming Associate AG Vanita Gupta, a strong supporter of immigrants’ rights who understands their connection to civil rights, human rights, and racial justice, currently President and CEO of the Leadership Conference on Civil and Human Rights, would be a far better choice than Monaco to work on rebuilding EOIR into the due-process focused court system it was supposed to be.

Here are bios:

Biography

Lisa Monaco assumed her duties as Assistant to the President for Homeland Security and Counterterrorism on March 8, 2013. As President Barack Obama’s Homeland Security and Counterterrorism Advisor, she was responsible for advising the President on all aspects of counterterrorism policy and strategy and coordinating homeland security-related activities throughout the Executive Branch. She chaired meetings of the Cabinet-level Homeland Security Principals Committee, which advised the President on homeland security policy issues and crises. Ms. Monaco was responsible for policy coordination and crisis management on issues ranging from terrorist attacks at home and abroad to cybersecurity and natural disasters.

Prior to the White House, Ms. Monaco spent 15 years at the Department of Justice, the majority of that time serving as a career federal prosecutor, and in senior management positions in the Justice Department and the FBI. She has extensive experience at the senior most levels of law enforcement and the Justice Department. She served for three years as counsel to and then Chief of Staff at the FBI, helping then Director Robert S. Mueller, III, transform the FBI after 9/11 into a national security organization focused on preventing terrorist attacks on the United States. In 2009, she returned to the Department of Justice to serve in the senior leadership of the Deputy Attorney General’s office, responsible for management of the Justice Department and its more than 100,000 employees. She served as Principal Associate Deputy Attorney General, the Deputy Attorney General’s primary advisor on criminal policy, law enforcement, national security and civil litigation matters. In that role she was responsible for assisting the Attorney General and Deputy Attorney General in overall management and supervision of the Department and its components, including the nation’s 94 United States Attorney Offices. In 2011, she was nominated by the President and confirmed by the United States Senate to serve as Assistant Attorney General for National Security, the first woman to serve in that position. In this role, she led the Justice Department’s National Security Division (NSD) which was created after the attacks of September 11, 2001, in order to integrate intelligence and law enforcement functions across the Justice Department. At NSD, she oversaw all federal terrorism and national security prosecutions nationwide and led a division of more than 350 lawyers and professional staff. Ms. Monaco made investigating and prosecuting national security cyber threats a top priority during her tenure and under her leadership, a nationwide network of national security cyber prosecutors was created.

Ms. Monaco began her legal career as a law clerk to the Honorable Jane R. Roth on the United States Court of Appeals for the Third Circuit. She later served as Counsel to the Attorney General and then as a Federal prosecutor. She served for six years as an Assistant United States Attorney in the U.S. Attorney’s Office for the District of Columbia prosecuting a range of crimes from violent crime to fraud and public corruption cases. Her career as a Federal prosecutor includes service on the Enron Task Force, a group of federal prosecutors drawn from around the country to investigate and prosecute the fraud at the Enron Corporation.

Ms. Monaco is a recipient of the Attorney General’s Award for Exceptional Service, the Justice Department’s highest award, for her work on the Enron Task Force, as well as the Edmund J. Randolph Award, which is awarded by the Attorney General in recognition of outstanding contributions to the accomplishment of the Department of Justice’s mission. She is a graduate of Harvard University and the University of Chicago Law School.

SOURCE: NYU Law School

https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.biography&personid=46333

Vanita Gupta is an experienced leader and litigator who has devoted her entire career to civil rights work. Most recently, from October 15, 2014, to January 20, 2017, she served as Acting Assistant Attorney General and Head of the U.S. Department of Justice’s Civil Rights Division. Appointed by President Barack Obama as the chief civil rights prosecutor for the United States, Gupta oversaw a wide range of criminal and civil enforcement efforts to ensure equal justice and protect equal opportunity for all during one of the most consequential periods for the division.

Under Gupta’s leadership, the division did critical work in a number of areas, including advancing constitutional policing and criminal justice reform; prosecuting hate crimes and human trafficking; promoting disability rights; protecting the rights of LGBTQ individuals; ensuring voting rights for all; and combating discrimination in education, housing, employment, lending, and religious exercise. She regularly engaged with a broad range of stakeholders in the course of this work.

Selected high profile matters during her tenure included the investigations of the Ferguson, Baltimore, and Chicago police departments; the appeals of the Texas and North Carolina voter ID cases; the challenge to North Carolina’s HB2 law and other transgender rights litigation; enforcement of education, land use, hate crimes, and other statutes to combat Islamophobia and other forms of religious discrimination; the issuance of statements of interest on bail and indigent defense reform, and letters to state and local court judges and administrators on the unlawful imposition of fines and fees in criminal justice system; and the Administration’s report on solitary confinement.

Prior to joining the Justice Department, Gupta served as Deputy Legal Director and the Director of the Center for Justice at the American Civil Liberties Union (ACLU). She joined the ACLU in 2006 as a staff attorney, where she subsequently secured a landmark settlement on behalf of immigrant children from around the world detained in a privately-run prison in Texas that ultimately led to the end of “family detention” at the facility. In addition to managing a robust litigation docket at the ACLU, Gupta created and led the organization’s Smart Justice Campaign aimed at ending mass incarceration while keeping communities safe. She worked with law enforcement agencies, corrections officials, advocates, stakeholders, and elected officials across the political spectrum to build collaborative support for pretrial, drug, and sentencing policies that make our federal, state, and local criminal justice systems more effective and more just.

Gupta began her legal career as an attorney at the NAACP Legal Defense & Educational Fund, where she successfully led the effort to overturn the wrongful drug convictions of 38 individuals in Tulia, Texas, who were ultimately pardoned by Governor Rick Perry. She then helped negotiate a $6 million settlement on behalf of her clients. She also consulted with European civil society organizations working to advance the rights of the Roma.

Gupta graduated magna cum laude from Yale University and received her law degree from New York University School of Law, where later she taught a civil rights litigation clinic for several years.

She is married to Chinh Q. Le, legal director of the Legal Aid Society of the District of Columbia, and has two young sons.

SOURCE: Leadership Conference on Civil and Human Rights

https://civilrights.org/about/our-staff/vanita-gupta/

⚖️🗽👍🏼🇺🇸Due Process Forever!

PWS

01-07-21

GONZO’S WORLD: HIS HIGHLY DISINGENUOUS “TRIBUTE” TO DR. KING WHILE ACTIVELY UNDERMINING MLK’S VISION OF RACIAL EQUALITY IN AMERICA OUTRAGES CIVIL RIGHTS ADVOCATES! — Hollow Words From An Empty Man!

https://www.washingtonpost.com/world/national-security/sessions-in-remarks-criticized-as-beyond-ironic-praises-martin-luther-king-jr/2018/01/16/cb3a8bd8-fae3-11e7-a46b-a3614530bd87_story.html

 

Sari Horwitz reports for the Washington Post:

“All he had were his words and the power of truth,” Sessions said. “ . . . His message, his life and his death changed hearts and minds. Those changed souls then changed the laws of this land.”

But civil rights leaders criticized Sessions’s remarks, made at a time, they said, when the Justice Department is rolling back efforts to promote civil and voting rights.

Attorney General Jeff Sessions called Tuesday for Justice Department employees to “remember, celebrate and act” in commemoration of Martin Luther King Jr. (Mandel Ngan/AFP/Getty Images)

“It is beyond ironic for Jeff Sessions to celebrate the architecture of civil rights protections inspired by Dr. King and other leaders as he works to tear down these very protections,” said Vanita Gupta, the head of the Justice Department’s civil rights division under President Barack Obama and now president of the Leadership Conference on Civil and Human Rights.

“Make no mistake,” Gupta said. “If Dr. King were alive today, he would be protesting outside of Jeff Sessions’s office.”

Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said that in the past year, the Justice Department under Sessions has taken action to “obstruct and reverse civil rights enforcement.”

She and others point to a new policy that calls for federal prosecutors to pursue the most serious charges even if that might mean minority defendants face stiff, mandatory-minimum penalties. Sessions has defended President Trump’s travel ban and threatened to take away funding from cities with policies he considers too lenient toward undocumented immigrants. The department’s new guidance and stances on voting rights and LGBT issues also might disenfranchise minorities and poor people, civil rights advocates say.

Justice officials say that Sessions’s actions reflect an aggressive, by-the-book interpretation of federal law and that his policies are geared toward fighting violent crime and drug trafficking.”

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

Read the complete article at the above link.

Absurd and insulting! Actions speak louder than words, Gonzo! Every day that you spend in office mocks our Constitution, the rule of law, human decency, and the legacy of MLK and others who fought for racial and social equality and social justice under the law.

I have no doubt that if Dr. King were alive today, he and his followers would be on your and Trump’s  “hit list.” Indeed, peacefully but forcefully standing up to and shaming tone-deaf, White Nationalist, racially challenged politicos like you, who lived in the past and inhibited America’s future with their racism, was one of the defining marks of MLK’s life!

How do things like increasing civil immigration detention, building the “New American Gulag,” stripping unaccompanied children of their rights to an Immigration Court hearing, mindlessly attacking so-called “sanctuary cities,” mocking hard-working pro bono immigration attorneys and their efforts, reducing the number of refugees, excluding Muslims, building a wall, stripping protections from Dreamers, reducing legal immigration, favoring White immigrants, and spreading false narratives about Latino migrants and crime “honor” the legacy of Dr. King?

Indeed, the “Sanctuary Cities Movement” appears to have a direct historical connection to King’s non-violent civil disobedience aimed at the enforcement of “Jim Crow” laws. Much as today, those on the “wrong side of history” wrapped themselves in hypocritical bogus “rule of law” arguments as they mocked and violated the civil rights of African Americans. 

At some point, America needs and deserves a real Attorney General, one who recognizes and fights for the rights of everyone in America, including minorities, the poor, the most vulnerable, and the so-called undocumented population, who, contrary to your actions and rhetoric, are entitled to full Due Process of law under our Constitution. Imagine how a real Attorney General, one like say Vanita Gupta, might act. Now that would truly honor Dr. King’s memory.

PWS

01-17-18