🏴‍☠️☠️🤮HUMAN RIGHTS FIRST: EOIR PARTICIPATED IN MASSIVE “DUE PROCESS FARCE” DURING “REMAIN IN MEXICO” (A/K/A “LET ‘EM DIE IN MEXICO”) — Garland Fails To Replace Ethically Compromised Jurists & Administrators Who Helped Carry Out This “Assault On The Rule Of Law” Nor Has He Brought Needed Reforms To DOJ & EOIR!

Four Horsemen
EOIR’s approach to asylum seekers at the Southern Border hasn’t changed much under Garland!
Albrecht Dürer, Public domain, via Wikimedia Commons

Just as during the Trump administration, RMX immigration court hearings remain a due process farce, with asylum seekers overwhelmingly unable to obtain legal counsel and denied refugee protections. Only five percent of people sent to Mexico under RMX 2.0 have a lawyer. According to analysis by the Syracuse University Transactional Records Access Clearinghouse, this is an even lower representation rate than the eight percent representation rate during the Trump administration’s implementation of RMX. Unsurprisingly, very few people in RMX 2.0 have been granted asylum protection. As of June 30, 2022, only 63 asylum seekers in RMX 2.0 had been granted relief—less than four percent of completed cases. This abysmal asylum grant rate is nearly identical to the 4.1 percent grant rate for completed RMX 1.0 cases. Seventy-five percent of completed RMX 2.0 cases ended with in absentia removal orders, virtually unchanged from the 72 percent in absentia removal order rate for completed RMX cases during the Trump administration. The gauntlet of grave dangers and terrible conditions inherent to RMX, rather than the merits of asylum seekers’ requests for protection, continued to determine the outcome of these cases.

Get the full report here:

https://lawprofessors.typepad.com/immigration/2022/09/new-report-by-human-rights-first-on-the-failed-remain-in-mexico-program.html

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EOIR is where much of the racially motivated Trump/Miller plan to dehumanize migrants, strip them of legal rights, harass their attorneys, and create a “false narrative” of  “manufactured” “failures to appear” and “bogus asylum denials” played out. Many at EOIR either actively supported these outrageous violations of human rights or “went along to get along” with massive abuses and the creation of a hostile environment for due process and legally correct asylum adjudications.

Yet, Garland and his lieutenants have failed to do the necessary “housecleaning” at EOIR and to bring in legitimate expert judges and professional administrators to restore due process and fairly and correctly interpret and apply asylum law! Indeed, many of the same judges and bureaucrats who presided over this farce continue to inflict injustice on migrants and their attorneys at Garland’s EOIR! How and why do Garland and his complicit lieutenants get away with it?

It’s also why, notwithstanding the evil motives behind the “orbiting” of asylum applicants, they are better off almost anywhere than Texas, which continues to operate largely as an “asylum-free and due-process-free zone” under Garland!

🇺🇸Due Process Forever!

PWS

09-21-22

NO SURPRISES HERE – “GONZO” IMMIGRATION ENFORCEMENT IS BAD LAW ENFORCEMENT!

https://slate.com/news-and-politics/2018/01/how-trumps-immigration-policies-are-backfiring.html

Isaac Chotiner reports for Slate

“A week after President Trump declared his preference for immigrants from places like Norway over various “shithole” countries (that just happen to be majority nonwhite), Congress and the White House are negotiating over keeping the government funded, with immigration as a key issue. Most Democrats only want to do avoid a shutdown if the Dreamers are given legal protections that Trump has sought to remove. In return for offering them protections, Trump wants funding for things like a border wall. Meanwhile, the Trump administration has continued its heightened pace of immigration raids and deportations, and recently declared that it would remove protections from Salvadoran immigrants who had settled in the country.

To discuss the state of play on Capitol Hill, and Trump’s approach to immigration more broadly, I spoke by phone with Jonathan Blitzer, a staff writer at the New Yorker who covers immigration issues. (Earlier this month, he wrote about the presence of the MS-13 gang on Long Island.) During the course of our conversation, which has been edited and condensed for clarity, we discussed how much racism has influenced Trump’s immigration policies, whether tough-on-immigration stances can be counterproductive to halting crime, and if Democrats should compromise on a border wall if it means protecting the Dreamers.

. . . .

Essentially in the past, in the last two years of the Obama presidency, DHS created a set of priorities, basically saying to ICE: Look, there’s a huge undocumented immigrant population in the United States. 12 million people. You can’t go after everyone. If you guys are going to be a serious police force and if people aren’t going to live in fear of completely random acts of arrest and deportations, you have to prioritize people with criminal records. You have to prioritize people who could be viewed as constituting a public safety threat. The new administration immediately canceled those priorities, which pretty much means there are actually no guidelines for how ICE now goes about its business.

In one sense, that suits the MO of the administration, which is almost total randomness. There really isn’t a kind of thoroughgoing vision of what immigration enforcement looks like. In fact, if you think thematically, the administration is doing things that in some ways undermine the president’s very public statements about how concerned he is with the growing undocumented population in the U.S.

How so?

Just talking about the Salvadoran population, you’re talking about 200,000 people. Those people aren’t just going to leave after two decades here because the administration has now removed this legal protection for them. You are going to see the undocumented community grow in the United States under the Trump administration.

What’s more, arrests are up, right? So the statistics I’ve seen are that ICE arrests have gone up by something like 40 percent, and a significant number of those are people who did not have criminal records. There’s an enormous backlog in immigration courts, a backlog of over 600,000 cases, which means that you actually can’t process all the people who are being arrested. In fact, if you were thinking about this all rationally, [the arrests] would be counterproductive.

One thing your colleague Sarah Stillman mentions in her piece in last week’s issue of the New Yorker is that immigrants are not reporting crime. The drops in major cities are staggering. In Arlington, Virginia, for example, according to Stillman, “domestic-assault reports in one Hispanic neighborhood dropped more than eighty-five per cent in the first eight months after Trump’s Inauguration, compared with the same period the previous year. Reports of rape and sexual assault fell seventy-five per cent.” You would think that as an administration that talks about being tough on crime that this would be a huge problem, but it isn’t to them.

One hundred percent agreed. It’s counterproductive in almost every sense. You don’t even need to go to the bleeding-heart liberals for confirmation of this. You talk to police, you talk to sheriffs, and a lot of them are actually quite concerned about what this means for public safety and how they do their police work. Victims aren’t coming forward.

In some of the work that I’ve done on Long Island, MS-13 has been basically an obsession with this administration, and in every instance, the way the administration has gone about trying to combat the gang problem has backfired and has resulted in communities being a lot less safe than they otherwise would have been.

What specifically?

What’s happening on Long Island—and I think it’s fair to say this is happening elsewhere where MS-13’s been active—what ICE and local law enforcement have started to do is they’ve been so indiscriminate in who they’re arresting for suspected gang associations that they’re actually arresting a lot of people who are the victims of gang crime. I mean, you look at some of these communities, the victims and the perpetrators live side-by-side in these tiny hamlets. They go to the same schools. They work the same jobs. The idea of arresting anyone who has this kind of peripheral association with the gang is nonsensical.

There’s some racial profiling going on on Long Island, and this is exactly the stuff that you’re describing, the fears that people have. I mean you have victims of crimes who are scared to come forward because when they talk to the police, they know police are talking to ICE and the next thing they know, they’ll either end up in detention or family members will end up in detention.

What would be a more proper approach to MS-13? It seems like a tough issue for Democrats.

The proper approach from a law enforcement and community-building standpoint is to invest more money in after school programs. It sounds like sort of milquetoast policy, but you talk to experts on this, you talk to former gang members and community organizers and all of them, all of them are aligned in stressing the importance of just basically providing some sense of community for kids who live in these immigrant communities who often have come fleeing gang violence in Central America who have essentially nowhere else to turn. They go to schools. They don’t speak the language. There aren’t after school programs. They don’t have counseling. Some of them have undergone intense trauma. They’re easy marks for a gang that recruits people who feel isolated and socially marginalized. Oftentimes what happens is they join up on the U.S. side and not on the Central American side, precisely because they feel exposed here.

But that’s not an easy sell. I think Democrats are in a tough spot on that and I think that’s one of the reasons why the Republicans have really tried to link MS-13 to this kind of nationwide attack on sanctuary cities. It’s all playing on these fears and rhetorically, I think for the most part has been pretty successful for Republicans.

If you put aside for a minute America’s role in helping immiserate El Salvador, going back many years to our support for very bad people during their civil war, what would you tell American citizens about taking in immigrants who might be likely to end up in gangs like this?

I don’t think they are so likely to end up in gangs. I think that’s one of the first things that the administration trades on: playing up the idea that all of these kids who arrive here are somehow threats. A tiny, tiny minority of unaccompanied kids who show up in the U.S. end up joining these gangs. The vast majority, the overwhelming majority of them have no gang affiliation, want nothing to do with the gangs, and if given the opportunity here, thrive.

The argument for why we should be more open to them is the same argument that I would make about U.S. refugee policies generally. It is a mark of American moral and political leadership. It actually affects our policies and our foreign policy weight in these regions. The United States has supported all kinds of horrifying political regimes in Central America, but even leaving that political history aside, the gang problem in Central America is the direct outgrowth of U.S. deportation policy. It’s a literal shift. It’s not even a manner of speaking.

Mass deportation creates instability. It’s just going to continue to create a refugee crisis. I mean this crisis is just the continuation of a decades-long trend. We sometimes look the other way, which sometimes is contributing directly to the violence in these regions and then people basically having no other move than to try to move north.

. . . .”

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Read the complete interview at the link.

As I have been saying, Trump, Sessions, Miller, Homan, & Co. have little or no interest in effective law enforcement. Anything but!

Indeed, as this article points out, and as I have said in the past, truly effective, legitimate law enforcement would involve securing the trust of the Hispanic communities and separating real law enforcement targets — serious criminals and terrorists — from the vast, vast bulk of the undocumented population who are residing peacefully and productively in the U.S. In addition to exercising “PD” for the latter, effective law enforcement would involve putting forth a “no strings attached” proposal to give these folks legal status and work authorization in the U.S., preferably with, but even without, a “path to citizenship.”

No, with the Trumpsters, it’s all about White Nationalism, racism, and the quest to create a false link between Hispanics, crime, and loss of American jobs (conveniently forgetting that we’re now basically at “full employment” in the U.S. and that without undocumented workers our economy would likely be contracting rather than continuing to expand). As a result, ICE is becoming a “bad joke” in the legitimate law enforcement community and an anathema to people almost everywhere. In a democracy (which Trump, Sessions, et al don’t really want) law enforcement can’t operate effectively without a certain amount of mutual trust and respect from the community.

PWS

01-18-18

PREXY ABOVE LAW SAYS “MOUTHPIECE” (Or, Perhaps, His “Tweetpiece?”)

https://www.huffingtonpost.com/entry/trump-lawyer-flynn-comey-obstruct-justice_us_5a252c0de4b0a02abe924355

Willa Frej reports for HuffPost:

“If President Donald Trump knew for months that Michael Flynn lied to the FBI, is he guilty of obstructing justice? His lawyer doesn’t think so. F
John Dowd reportedly told The Washington Post this weekend that Trump likely knew about Flynn’s erroneous reporting of his conversations with the Russians as early as January, months before he fired then-FBI Director James Comey.
But Dowd has shot down any speculation that his client obstructed justice, saying Trump is president and therefore above the law.
The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd told Axios in an interview published Monday.
It’s a claim reminiscent of one made in 1977, when former President Richard Nixon said the presidents can essentially behave as they wish.
“Well, when the president does it, that means that it is not illegal,” Nixon said at the time, in a TV interview with David Frost.
Trump raised questions on Saturday about the timeline of his knowledge, tweeting, “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies.” Flynn had pleaded guilty to lying to the FBI the day before.
The implication that Trump had known his former national security adviser had lied to the FBI set off alarm bells. The White House had previously said Flynn was fired over false statements he provided to Vice President Mike Pence.

. . . .

Dowd said he actually drafted the tweet about Flynn being fired, but “did not admit obstruction. That is an ignorant and arrogant assertion.”
“I’m out of the tweeting business,” Dowd told ABC News. “I did not mean to break news.”
Trump and Comey met a few weeks after the president found out about Flynn, according to the Post. It was during that meeting that Comey has said that the president asked him to drop the investigation into Flynn.
That led to speculation that Trump fired Comey to punish him for not giving up on his probe, which may also constitute obstruction of justice.

. . . .

The question over whether a president is constitutionally capable of obstructing justice has no clear answer, according to legal scholars.
“The claim that the president can commit such a crime faces a powerful objection rooted in the Constitution,” two University of Chicago Law School professors, Daniel Jacob Hemel and Eric Posner, explained in a California Law Review article from July.
“Obstruction of justice laws are normally applied to private citizens — people who bribe jurors, hide evidence from the police, or lie to investigators,” they wrote. “The president’s control over law enforcement is sometimes regarded as a near-sacred principle in our constitutional system.”
Yet this conflicts with the constitutional principle that no person can be above the law. That’s why, according to Hemel and Posner, Congress holds the ultimate key to impeachment.
The impeachment charges for both Nixon and former President Bill Clinton involved obstruction of justice. However, Nixon resigned before he could be impeached, and the Senate vote on Clinton’s impeachment resulted in a 50-50 tie. A two-thirds vote from the Senate is needed for a conviction.”

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Not very surprising that Trump holds himself above the law. We’ve elected a would-be Dictator who thinks that he rules a nation of morons who can’t figure out what he and his minions are up to! And not a very smart or talented Dictator at that! At least this should resolve the BS about Sessions and the Trumpsters promoting the “Rule Of Law.”

And, if John Dowd even knows how to “Tweet” . . . .

PWS

12-04-17