HISTORICAL TRIBUTE: SAM BERNSEN (1919-2020) GIANT OF AMERICAN IMMIGRATION — By Kyle Swenson, As Told By Stuart Bernsen (Sam’s Son) in WashPost

Sam & Paul
Sam & Me at his FDP, DC Retirement, June 4, 1993
Photo by Betty Bernsen
PWS Archives

 

 

 

 

 

When Sam Bernsen was born in the summer of 1919, the world was still in the throes of an influenza pandemic. One hundred and one years later, he died in Bethesda after contracting another virus that ballooned into a global pandemic. But between those two world-shaking health events, Bernsen lived a full life packed with public service, baseball and family.

“I consider myself the luckiest person in the world having him as a father,” son Stuart Bernsen said. “He was full of love for his family and his extended family and his friends. He was a wonderful and optimistic person.”

Sam Bernsen died of covid-19 on July 26.

[Those we have lost to the coronavirus in Virginia, Maryland and D.C.]

His family emigrated from Eastern Europe in 1900, his son said. He was born in the Bronx on July 13, 1919. He was the youngest of seven children. “He was kind of raised by his sisters,” Stuart said.

Bernsen’s father was a tailor, and the family was poor. Growing up, Bernsen and the youths from the neighborhood took joy in the success of their hometown New York Yankees, then fielding a mythic squad anchored by sluggers Babe Ruth and Lou Gehrig — Bernsen’s favorite player.

There was no way the children of immigrants scraping out a life in the city could afford tickets to the games, so Bernsen and his friends would climb to the roof of a building overlooking the outfield near Yankee Stadium and watch the games from there.

. . . .

Bernsen later served as the general counsel for the Immigration and Naturalization Service from 1974 to 1977.

“He knew the policies and the stories behind every regulation and operating instruction, as well as the history of all the immigration statutes from the 1924 Act on,” retired immigration judge Paul Wickham Schmidt, a friend and former colleague, wrote in an online remembrance, adding, “Sam had progressive views on using court decisions and common sense to make the immigration laws function better and easier to administer for everyone, at least in some small ways.”

. . . .

https://www.washingtonpost.com/dc-md-va/2021/04/06/sam-bernsen-dies-covid-19/

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Read the entire obit at the above link.

Here’s my tribute to Sam from Courtside, written last summer at the time of his death:

https://immigrationcourtside.com/2020/07/30/%EF%B8%8Fa-legal-giant-passes-sam-bernsen-1919-2020-public-servant-law-partner-teacher-scholar-mentor-humanitarian-advocate-for-due-pr/

Also, from “the archives,” courtesy of Stuart, here’s a copy of my thank you note to Sam for being the “keynote speaker” at my investiture at the Arlington Immigration Court in June 2003:

LtrPaulSchmidt to SamB on InvestitureRemarks June 2003 Scan_20201128

RIP, my friend, mentor, and law partner!

PWS

04-07-21

WHEN DEPORTATION IS A DEATH SENTENCE!

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

Kyle Swenson writes in the Washington Post:

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

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

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

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

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

 

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

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

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

 

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

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

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

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

PWS