HON. JEFFREY S. CHASE: Trump Administration’s Cowardly, Malicious, & Lawless Attack On SIJS Kids Green Cards Earns Yet Another Powerful Rebuke From Federal Judge!

https://www.jeffreyschase.com/blog/2019/3/19/court-rebukes-youth-policy-shift

Court Rebukes Youth Policy Shift

This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the form of the U.S. District Court for the Southern District of New York.  In his decision in R.F.M. v. Nielsen, Judge John G. Koeltl held that DHS’s sudden policy shift denying Special Immigrant Juvenile Status (or SIJS, for short) to qualified youths over the age of 18, a group that it had previously approved under the same statute for nearly three decades, (1) was contrary to the plain language of the statute it claimed to interpret; (2) lacked a reasonable explanation, (3) was premised on an erroneous interpretation of state law, and (4) was not enacted with adequate notice, as required by the Administrative Procedures Act.  For these reasons and more, Judge Koeltl concluded that the policy shift was arbitrary and capricious, in excess of statutory jurisdiction, and without observance of the procedure required by law. The judge further granted the plaintiffs’ motions for class certification and for summary judgment.

What exactly did DHS do to invoke such a strong judicial rebuke?  SIJS was created by Congress in 1990 to provide a path to legal residence for immigrant youths who have suffered abuse, neglect, or abandonment.  The statute defines juveniles eligible for such benefit as those under the age of 21, and applicants under that cut-off age were generally afforded such status.  However, in early 2018, the present administration suddenly and without warning began denying applications involving applicants over the age of 18. Sounding very much like Herr Zeller in The Sound of Music claiming that “nothing in Austria has changed,” government counsel attempted to argue that there had been no change in policy, a claim that Judge Koeltl outright rejected in light of clear evidence to the contrary.  As the L.A. TImes reported in January, the impact of the policy shift was magnified by another DHS policy directive to commence deportation proceedings against those whose applications for benefits are denied, an action that had previously rarely been taken against juvenile applicants.

What immediately struck me about the new DHS policy at the time of the shift was its position that the New York Family Court lacked jurisdiction over youths who had reached the age of 18 as a basis for denying the petitions.  How could a federal agency feel it had the right to rule on a state court’s jurisdiction over a matter of state law? Of course, Judge Koeltl noted in his decision that in spite of a USCIS Policy Manual requiring the agency to rely on the state court’s expertise on such matters, and prohibiting the agency from reweighing the evidence itself or substituting its own interpretation of state law for that of the state court,  DHS nevertheless did exactly that, substituting its own interpretation of New York law for that of the New York Family Court in arguing for that court’s lack of jurisdiction. Of course, DHS’s improper interpretation wasn’t even a correct one; with the judge finding that DHS’s conclusion “is based on a misunderstanding of New York State law.”

Just in case there was any doubt as to its bad faith, the Government even opposed the motion that the young Plaintiffs be allowed to proceed anonymously in the action, identified only by their initials.  What possible reason other than harassment could DHS have in opposing such motion made by young plaintiffs who had suffered abuse or abandonment?

Not coincidentally, there has been a surge in SIJS-eligible youth arriving at the border in recent years, with most coming from the besieged Northern Triangle countries of El Salvador, Guatemala, and Honduras.  Youths in those countries run a shockingly high risk of being targeted for domestic violence, forced gang recruitment, and other physical and psychological harm. These are children that we are talking about. Nevertheless, the Trump Administration has consistently targeted citizens of these countries, inaccurately labeling them as criminals and deriding the legitimacy of their motives for seeking refuge in this country.  And, like pieces in a puzzle, the shift in SIJS policy is just one more way that the Trump Administration has created obstacles for a group it should be seeking to protect.

Hats off to the Legal Aid Society and the law firm of Latham and Watkins for their outstanding representation of the plaintiffs.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

Here’s a link to the “full text” of the case Jeffrey discusses, courtesy of our good friend Dan Kowalski over at ltl G. Koeltl

https://drive.google.com/file/d/1tItg1FYOtkm_eqI_oDeWuuofA6p-ZObl/view?usp=sharing

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What about the DOJ attorneys who are defending these patently illegal actions in court, often without providing any rationale that would pass the “straight face test?” Why is it OK to present “pretextual” reasons for policies that publicly available information shows are actually based on bias, undue outside influence, ignoring facts, and sometime outright racism, and xenophobia? Why are DOJ attorneys and their supervisors, who are also members of the bar, allowed to operate in an “ethics free zone?”

Don’t expect any help from newly minted Trump sycophant AG Bill Barr. Despite his “Big Law Corporate Patina” and his bogus claim that he seeks to “restore confidence” in the DOJ, his first project is reputed to be a scurrilous Trump-type attack on Federal Judges issuing nationwide injunctions who are among those (the private, often pro bono, bar and NGOs being others) having the courage to stand up for the rule of law and our Constitution against the outrageous onslaughts of Trump, his cronies, and his team of disingenuous lawyers who seem to believe that they have been immunized from the normal rules of ethical and professional conduct.

No, Barr isn’t just a “conservative lawyer.” I actually worked for a number of  very “conservative” lawyers both in and out of Government. While I didn’t always agree with their policies and their legal arguments (that wasn’t a job requirement), I did find them willing to listen and consider “other views” and occasionally be persuaded. Moreover, they all had a respect for both our legal system and the Constitution, as well as Federal Judges and those on “the other side” of issues that I find completely, and disturbingly lacking in the Trump Administration and its “ethnics free” legal team.

Not only are the efforts of the Trump Administration to “undo” provisions of our law that “work,” promote justice, and save lives illegal and immoral, they also are tying up rousources with frivolous and unnecessary litigation. What if all of that time and effort were put into solving problems and making our country better, rather than destroying it?

PWS

03-20-19

NY TIMES: David J. Bier @ CATO Tells How Trump is Skirting Congress & The Law To Destroy Legal Immigration & Darken The Future Of America!

https://www.nytimes.com/2018/11/15/opinion/trump-legal-immigrants-reject.html

David J. Bier writes in the NY Times:

At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.

This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.

A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.

This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.

In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.

The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.

Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”

So what is going on?

Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.

Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.

As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.

This is happening at a time when there are more job openings than job seekers in the United States. This month, Federal Reserve Chairman Jay Powell stated that fewer immigrants and foreign workers would slow economic growth by limiting the ability of businesses to expand.

On some level, President Trump appears to understand this reality, but his policies are making the situation worse.

David J. Bier is a policy analyst at the Cato Institute.

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The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.

In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)

His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.

Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?

CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.

They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!

I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!

America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!

PWS

11-16-18

 

HOW UNELECTED WHITE NATIONALISTS HAVE SEIZED CONTROL OF AMERICA’S IMMIGRATOIN AND REFUGEE SYSTEM – Racist Restrictionists Stephen Miller and L. Francis Cissna Are Destroying America’s Immigration Laws & Stomping On The Heart & Soul Of Our Nation!

https://www.nbcnews.com/politics/immigration/stephen-miller-wins-again-haley-other-foes-excluded-immigration-meeting-n910776

 

Julia Edwards Ainsley and Dan DeLuce report for NBC News:

WASHINGTON — Days before the Trump administration announced plans to slash the number of refugees allowed into the U.S. to its lowest level in 40 years, Trump senior adviser and immigration hard-liner Stephen Miller made his case for fewer refugees to a room of senior officials at the White House.

His sales job was made easier by the absence of top officials who disagree with his stance. They weren’t there because they weren’t invited, according to two people briefed on the discussions. Missing from the room last Friday were U.N. Ambassador Nikki Haley and the head of the U.S. Agency for International Development, Mark Green, both of whom have promoted a more generous policy toward refugees fleeing poverty, famine and persecution, the two sources said.

The planned cut in the refugee cap, now just 30,000 for the coming fiscal year, is the latest win for Miller, who has outmaneuvered opponents in and outside the administration to push through a crackdown on all forms of immigration.

Miller’s victories on the Muslim travel ban, limiting legal immigrationand separating migrant families at the border show his skill in pulling bureaucratic levers, blocking opponents from key meetings, restricting the flow of information and inserting his allies in key positions, said current and former officials.

In the administration’s internal discussions, Defense Secretary James Mattis — who was also absent from the Friday meeting — and Secretary of State Mike Pompeo had consistently opposed reducing the ceiling for how many refugees could be allowed into the country next fiscal year, former officials, humanitarian experts and congressional staffers from both parties told NBC News.

But after the meeting of top officials at the White House, Pompeo unveiled plans Monday to scale back the cap for refugees in 2019 to its lowest level since 1980. The secretary gave no explanation as to why he had changed his position, or how that number was arrived at during the closed door “principals” meeting.

Lawmakers from both parties, and some Christian charities, had urged Pompeo to stand firm against yet another reduction in refugee admissions, arguing it would undermine relations with allies, fuel instability in volatile regions and damage America’s image.

In a joint statement Wednesday, Republican Rep. Randy Hultgren of Illinois and Democratic Rep. Jim McGovern of Massachusetts expressed “extreme disappointment at the administration’s proposal,” and added, “We cannot turn our back on the international community in a time of historic need.”

Sen. Bob Menendez of New Jersey, the ranking Democrat on the Senate Foreign Relations Committee, said Monday he was “very concerned to see Secretary Pompeo was either not willing or unable to be a voice of reason in the room when the president was told he should continue grinding the U.S refugee program to a halt.”

Former officials said it appeared the top diplomat bowed to Miller and others pressing for scaling back refugee resettlement.

Image: Mike Pompeo
CIA Director Mike Pompeo speaks in Washington on Oct. 19.Carolyn Kaster / AP

“Pompeo got rolled,” said one former official familiar with the deliberations who served under Republican and Democratic administrations. The secretary “got manhandled by a kid who knows nothing about foreign policy,” said the source, referring to the 33-year-old Miller.

The State Department did not respond directly to questions about why Pompeo apparently altered his stance. But a spokesperson said the recommendation, which still must be approved by the president, takes into account additional security vetting procedures for refugee applications as well as the need to manage nearly 300,000 asylum cases.

Over the past several months, former officials and humanitarian organizations say, Miller restricted who would take part in the deliberations, while ensuring like-minded associates were in key positions at the State Department.

Unlike last year’s deliberations on refugees, Haley and her office were excluded from the inter-agency discussions on the issue and did not attend last Friday’s meeting where the cap was set, even though her staff argued she should be included, current and former officials said.

Although Haley’s office was not invited into the discussions, the ambassador “provided our views during the process,” a spokesperson for the U.S. mission at the UN told NBC News.

Haley had previously opposed drastic reductions in refugee resettlement numbers.

Paving the way for Miller, an official at the National Security Council, Jennifer Arangio, a political appointee who worked on President Donald Trump’s campaign, was fired and escorted from her office in July after clashing with Miller over refugee-related issues. And two refugee skeptics aligned with Miller are now in senior positions at the State Department: Andrew Veprek at the Bureau for Population, Refugees and Migration and John Zadrozny at the policy planning office.

The White House did not respond to requests for comment.

The State Department declined to disclose which agencies or officials attended the final interagency discussions, but a spokesperson said the plan was arrived at “in consultation with all appropriate government agencies.”

It was not clear if the Office of Refugee Resettlement, which is part of the Department of Health and Human Services and provides cash payments and medical assistance to newly arrived refugees, was invited to the inter-agency process. A spokesperson said ORR took part in “the discussion” on the issue but did not say specifically if the office had a seat at the table in the inter-agency deliberations.

The White House meeting last Friday was classified and limited to only a small number of senior officials and cabinet members. Those restrictions are usually reserved for more sensitive issues involving military action or intelligence, former officials said. The limits played in Miller’s favor, as cabinet members and their deputies could not divulge details of the discussion.

Mattis did not attend the meeting in person and provided his opinion in writing, Pentagon spokeswoman Dana White said. She added that “as the information and discussion were classified, I cannot provide further comment.”

Based on the administration’s public statements on the issue, Miller also appeared to succeed in framing the refugee issue on his terms.

Image: Jeff Sessions Joins Sean Spicer For Daily Press Briefing At The White House
Senior adviser to President Donald Trump, Stephen Miller, watches as Attorney General Jeff Sessions delivers remarks during the daily White House press briefing in Washington on March 27, 2017.Win McNamee / Getty Images file

When Pompeo announced the plan to reporters at the State Department this week, he echoed arguments that Miller and his supporters have often employed to defend drastic restrictions on refugees. Pompeo said that the government lacked the manpower to handle more refugees, that the U.S. was focused on providing aid abroad where refugees are located and that refugee numbers needed to be limited to safeguard the country’s national security.

“He was using Miller’s talking points,” another former official who served in both Republican and Democratic administrations said.

With the world facing the worst refugee crisis since World War II, the recommendation to slash refugee numbers was widely condemned by humanitarian organizations and rights groups. Pompeo’s announcement is “appalling, and it continues this administration’s rapid flight from the proud U.S. tradition of providing refuge to those fleeing persecution around the world,” said Eric Schwartz, president of Refugees International, who oversaw refugee policy at the State Department.

Those who share Miller’s views on immigration say he is portrayed unfairly by his critics. They maintain he is merely a successful advocate for Trump, who promised as a candidate to clamp down on immigration and temporarily halt Muslims from entering the country.

“As I understand it, Miller is zealously promoting his boss’s agenda within the administration, and running up against people who are less committed to that agenda,” said Mark Krikorian of the Center for Immigration Studies, which has backed the administration’s stance on immigration.

“He seems to be pretty effective at navigating bureaucratic politics, which is an essential skill if you want to get anything done.”

In a tumultuous White House, Miller is one of a handful of original Trump loyalists who has survived and thrived, exerting an outsize influence over immigration decisions and rhetoric.

One administration official, who was not authorized to speak on the record, said it should not be surprising that so many of Miller’s ideas have come to fruition.

“Miller has survived and people who think like Miller have survived because the president agrees with these policies. He is not running a rogue operation,” the official told NBC News.

Miller was once part of a small group of outsiders working as staffers on Capitol Hill who backed an aggressive line on immigration but often found themselves out of favor with the Republican Party establishment.

Many of those former colleagues are now deployed throughout the administration and have helped design and carry out some of Miller’s most sweeping and contentious policies, including a ban on travel from certain countries, a higher bar for proving asylum, a reduction in refugee admissions and the separation of migrant parents from their children at the border.

Miller and his allies have even promoted the creation of a denaturalization task force, which is supposed to ferret out people who lied on their applications and to strip them of their citizenship.

Critics say Miller is overseeing a systematic attack on all forms of immigration, illegal and legal, by promoting an underlying idea that foreign-born citizens or immigrants represent a dangerous threat to the country.

“I think he’s going to go down in history having a lot of blood on his hands. He is driving the most nativist agenda we have seen in 100 years,” said Frank Sharry, executive director of America’s Voice, an immigration reform advocacy group in Washington. “But he has had mixed results.”

Some of those mixed results include the legal blowback on the travel ban, which went through three versions before finally holding up in federal court. Miller also pushed for the end of DACA, the program designed to help children brought to the country illegally by their parents to remain in the U.S. But courts have stopped the administration from taking away those rights.

The most hard-line measures have also proved politically unpopular, according to opinion polls, with large majorities of American voters voicing opposition to ending DACA or detaining children separately from relatives entering the country illegally.

Meanwhile, over at Jezebel.com, Esther Wang gives us the skinny on the guy who implements an anti-immigrant agenda with a smile and has taken the word “Services” out of “United States Citizenship and Immigration Services.”

https://theslot.jezebel.com/meet-the-man-whos-making-life-shit-for-immigrants-thats-1829192394

Meet the Man Who’s Making Life Shit for Immigrants That’s NOT Named Stephen Miller

It’s often the architects of our nation’s monstrous immigration policies (cough Stephen Miller cough) who are the subject of dramatic news headlines and the target of our much-deserved vitriol. But, as a new Politico profile of Lee Francis Cissna, the director of U.S. Citizenship and Immigration Services, reminds us, the bureaucrats who willingly and happily follow the dictates that come from above are equally as appalling (if not more so in their unthinking devotion to carrying out orders).

Politico describes how Cissna, the son of an immigrant from Peru and husband to the daughter of a Palestinian refugee who has steadily worked his way up the ranks of different federal agencies, has been dramatically—and quietly—reshaping immigration policy:

Much less visible than Miller or Department of Homeland Security Secretary Kirstjen Nielsen, Cissna has quietly carried out Trump’s policies with a workmanlike dedication. From his perch atop USCIS, he’s issued a steady stream of policy changes and regulations that have transformed his agency into more of an enforcement body and less of a service provider. These changes have generated blowback from immigrant advocates, businesses and even some of his own employees. Leon Rodriguez, who served as USCIS director under President Barack Obama, said the agency is sending a message “that this is a less welcoming environment than it may have been before.”

While the travel ban and family separations grabbed headlines, Cissna has waged a quieter war,tightening and reworking regulations and guidance that make it harder to come to the U.S. as an immigrant or temporary worker.

In February, Cissna rewrote the mission statement of the agency which he heads, eliminating a passage that proclaims the U.S. is “a nation of immigrants,” a symbolic move that nonetheless signaled a worrisome shift.

A few months later, Cissna announced the creation of a new denaturalization task force, which would investigate naturalized Americans whom the agency suspected of lying on their citizenship applications. As Masha Gessen wrote in The New Yorker, “It’s the apparent underlying premise that makes this new effort so troublesome: the idea that America is under attack by malevolent immigrants who cause dangerous harm by finding ways to live here.” Gessen continued: “Indeed, the creation of the task force itself is undoing the naturalization of the more than twenty million naturalized citizens in the American population by taking away their assumption of permanence. All of them—all of us—are second-class citizens now.” One of the people Cissna wished to strip citizenship from? A 63-year-old Peruvian-American grandmother, over her minor role in a fraud scheme perpetrated by her boss.

He has also spearheaded other changes, many of which have largely flown under the radar and failed to generate widespread outrage outside of those whose lives will be impacted by them—from new rules that empower USCIS officials to initiate deportation proceedings for a wider number of immigrants to policies that allow USCIS officers to deny visa and green card applications over small errors, without giving applicants an opportunity, as the Obama administration did, to fix them.

And as Politico and others have reported, Cissna plans on pushing through a new regulation—described as “the most controversial regulation to come out of his agency under Trump”—that would prevent people from immigrating to the United States if they’re expected to use public benefits. As Politico writes, “The proposed regulation, which is expected before the midterm elections, would effectively gentrify the legal immigration system, blocking poorer immigrants from obtaining green cards or even from entering the country in the first place.”

People who have known Cissna for years expressed surprise at the turn that he has taken as head of USCIS.

“We’re pretty stunned that a guy who is compassionate, funny, proud of his immigrant mother from Latin America, that he would now be one of the key architects of the seemingly heartless policy of separating families,” Dan Manatt, who attended Georgetown Law School with Cissna, told Politico.

Cissna himself disputes that he bears any animosity towards immigrants.

“I just feel a strong commitment to the law, and to the rule of law,” Cissna told Politico. “None of the things that we’re doing, as I’ve said on numerous public occasions, are guided by any kind of malevolent intent.”

Good to know—he doesn’t hate immigrants, he just loves laws that make their lives as difficult as possible. What a relief.

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No, the law doesn’t require that we bend the rules to harass and make it difficult for individuals who qualify for legal immigration and refugee status to actually get into the country.  In addition to being complete jerks, Miller and Cissna are liars.

Get out the vote! Inspire your friends who oppose White Nationalism to get out and vote. These Dudes are pure evil, and America’s future is on the line! If decent people don’t stand up for humane values, evil can prevail! Time to restore the real “rule of law” which requires us to admit legal immigrants, refugees, and asylees without throwing up bogus White Nationalist roadblocks.

PWS

09-21-18

EXPLOSIVE EXPOSE’: TAL @ CNN SHOWS HOW WHITE NATIONALISTS IN THE TRUMP ADMINISTRATION IMPROPERLY SKEWED THE DECISION TO TERMINATE TPS!

https://www.cnn.com/2018/08/24/politics/trump-administration-tps-end/index.html

‘It IS bad there’: Emails reveal Trump officials pushing for TPS terminations

“The basic problem is that it IS bad there,” the official wrote.
Nevertheless, he agreed to go back and see what he could do to better bolster the administration’s decision to end the protections regardless.
The revelation comes in a collection of internal emails and documents made public Friday as part of an ongoing lawsuit over the decision to end temporary protected status for hundreds of thousands of immigrants who live in the US, most of whom have been here for well over a decade.
Friday’s document dump come as backup for the attorneys’ request that the judge immediately block the government’s decision to end these protections as the case is fully heard. A hearing is scheduled for late September.
In the emails, Trump administration political officials repeatedly pushed for the termination of TPS for vulnerable countries, even as they faced pushback from internal assessments by career staffers and other parts of the administration.
In one exchange, the now-director of US Citizenship and Immigration Services, Francis Cissna, remarks that a document recommending that TPS for Sudan be terminated reads like it was going to recommend the opposite until someone was “clubbed … over the head.”
“The memo reads like one person who strongly supports extending TPS for Sudan wrote everything up to the recommendation section and then someone who opposes extension snuck up behind the first guy, clubbed him over the head, pushed his senseless body of out of the way, and finished the memo. Am I missing something?” he wrote to key DHS staffers. Another high-ranking official then asks for the memo to be “revised.”
In a similar exchange, policy adviser Kathy Nuebel Kovarik asks her staff to address what she perceives as inconsistencies in the justification documents for ending TPS for El Salvador, Honduras and Nicaragua.
“The problem is that it reads as though we’d recommend an extension b/c we talk so much about how bad it is, but there’s not enough in there about positive steps that have been taken since its designation,” she wrote.
Staffer Brandon Prelogar responded that “it IS bad there.”
“We can comb through the country conditions to try to see what else there might be, but the basic problem is that it IS bad there (with regards to) all of the standard metrics,” Prelogar wrote. “Our strongest argument for termination, we thought, is just that it is not bad in a way clearly linked to the initial disasters prompting the designations. We can work with RU to try to get more, and/or comb through the country conditions we have again looking for positive gems, but the conditions are what they are.”
DHS did end protections for all three countries, despite dire predictions previously reported by CNN from career analysts about the consequences including potentially strengthening the vicious gang MS-13.
Immigrants are suing over the ending of TPS for these countries, alleging the protections were terminated due to a prebaked agenda that violated the law, as well as a racist agenda. The judge has previously allowed the lawsuit to proceed and forced the production of these internal documents, over the objection of the government.
The program covers migrants in the US from countries that have been hit by dire conditions, such as epidemics, civil war or natural disasters. Previous administrations, spanning both parties, had opted to extend the protections for most of the countries involved every few years when they came up for review.
The Trump administration says the conditions in each country have improved from the original disasters to the point that the protected status had to end. DHS has maintained that under its reading of the law, decisions to extend may be based only on conditions from the original disaster — not any that have arisen since. That breaks with the reading of the law from all prior administrations, attorneys argue — citing a deposition of a former USCIS director also submitted Friday.
The documents show a gradual process of the front offices of DHS taking more control of the TPS decision making. Early in the administration, career staffers drafted a document that would have justified extending TPS for Haiti. Officials asked that it be changed, and it was initially extended just six months ahead of being terminated completely.
For later decisions, the documents show the State Department complaining that it was marginalized from the process. In fact, a Federal Register Notice for the termination for Sudan had to be pulled back and edited after the State Department complained that it had been changed from a version it had approved at the last minute to something inconsistent with current US policy toward the country.
The emails show that Gene Hamilton, a close ally of Attorney General Jeff Sessions who was a senior counselor at DHS before moving to the Justice Department, made some of those last-minute revisions, attempting to remove references to human rights violations, among other changes.
When presented with Hamilton’s changes to some language already agreed to with the State Department, Prelogar wrote that “we’d just say that this could be read as taking another step toward providing an incomplete and lopsided country conditions presentation to support termination, which may increase the likelihood of criticism from external stakeholders to that effect.”
The trail also shows the State Department had recommended TPS for Sudan be extended, although it did so late in the game, and that it was caught off-guard by the changes.
In a last-minute email, the State Department’s Christopher Ashe wrote to the acting director of USCIS that there were problems.
“The Department has identified some significant mischaracterizations that are at odds with the Department’s understanding of circumstances on the ground. We believe that lacking correction, the (Federal Register Notice) could be out of step with the Administration’s broader engagement on Sudan — much of which DHS is not engaged on and is likely unaware of the nuances that USCIS’s changes in the language could have,” Ashe wrote.
He continued that State was “caught off guard” by a decision to make the announcement.
“We literally were forced to dispatch our Foreign Affairs Officers by taxi to the Embassies with virtually no notice to inform the host governments of the imminent announcements. We had thought we had obtained a commitment for sufficient notice to make such notifications,” Ashe wrote.
Nuebel Kovarik responds on the email chain that DHS would reject the suggested change by State that would imply not “all” nationals of Sudan could return, saying it would contradict the decision to terminate. She agrees to change the notice to acknowledge that some regions of Sudan may remain too dangerous for return.
State had asked for that, noting that otherwise it could “encourage the Government of Sudan to believe they have the greenlight from US (government) to force the return of displaced persons … to return to deadly conflict-affected areas. These areas are places where even well-armed UN peacekeeping forces decline to engage for fear of violence and recent killings of peacekeepers.”
But Nuebel Kovarik declines to hold off publishing the official announcement to accommodate the change, saying it’s “minor” enough to be done later on as a revision.
“We don’t say the country is perfect,” she concluded.
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Great to have Tal back and “telling it like it is.” Just like at the DOJ, racist hacks like Cissna and his unholy cabal are distorting and downright suppressing facts to implement a predetermined White Nationalist agenda. Every decent American should be appalled! These folks are blatantly dishonest in maters that affect human lives. They probably belong in jail; if not, they should never hold public office now or in the future

It’s time for all Americans of conscience who believe in our Constitution and the rule of law to rise up at the ballot box in November and take our country back from the White Nationalists!

PWS

08-24-18

ICE OFFICE OF PRINCIPAL LEGAL ADVISER (“OPLA”) HAS A MORE NUANCED TAKE ON SESSIONS/USCIS/ASYLUM OFFICE “SHOOT REFUGEES ON SIGHT” POLICY!

Here’s the OPLA analysis of “asylum law after Matter of A-B-:”

OPLA 7-11-18

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  • At least at first reading, the OPLA memo seems like a more neutral legal analysis than the USCIS “Sessions told us to shoot ’em all on sight” memo:
  • On its face it also seems like a much less biased analysis than the anti-asylum, anti-woman, anti-Hispanic screed that Sessions spewed forth in Matter of A-B-;
  • OPLA appears to be emphasizing that each claim must be individually evaluated and examined, rather than the idea promoted by Sessions and USCIS that all women from Central America and all Central Americans fleeing gang violence or domestic violence should be presumptively denied with only a few exceptions;
  • Does this mean that there is an internal split within DHS?
  • Interestingly, the OPLA memo specifically reserves judgement on “gender as a particular group” claims;
  • Of course, if Sessions and Cissna have their way nobody will ever get to Immigration Court to claim asylum, because nobody will get out of the now-gamed “credible fear” process, so perhaps OPLA’s views won’t have much effect.
  • How bad and biased are Sessions and Cissna? That ICE’s OPLA, the head of all the ICE prosecutors, sounds more reasonable should tell you all you need to know!
  • It’s also worth remembering that OPLA and the DHS General Counsel actually led the years-long effort to provide protection for victims of domestic violence that Sessions, without any reasonable explanation, reversed in Matter of A-B-.
  • Stay tuned!

CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!

https://www.washingtonpost.com/local/immigration/top-homeland-security-officials-urge-criminal-prosecution-of-parents-who-cross-border-with-children/2018/04/26/a0bdcee0-4964-11e8-8b5a-3b1697adcc2a_story.html

Maria Sacchetti reports for WashPost:

The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.

In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.

The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.

Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”

. . . .

Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.

“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”

Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.

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Read Maria’s complete article at the link.

I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.

PWS

04-27-18

HERE’S AN INFO PACKED “TRIPLE HEADER” FROM TAL @ CNN: Trump Administration Moves To Undermine American Values On Three Fronts: Detention Of Pregnant Women, Targeting U.S. Citizen Children In Need, & Extreme Vetting!

http://www.cnn.com/2018/03/29/politics/ice-immigration-pregnant-women/index.html

ICE rolls back pregnant detainee release policy

By Tal Kopan, CNN

The Trump administration will no longer seek to automatically release pregnant immigrants from detention — a move in line with the overall efforts by the administration to hold far more immigrants in custody than its predecessors.

The change in policy was sent by Immigrations and Customs Enforcement to Congress on Thursday morning and obtained by CNN.

According to the new directive, immigration officers will no longer default to trying to release pregnant women who fall into immigration custody, either because they are undocumented or otherwise subject to deportation. The Obama administration policy urged officers to presume a pregnant woman could be released except for extreme circumstances.

But a FAQ sent with the directive makes clear that ICE is not going to detain all pregnant immigrants. The policy will require a case-by-case evaluation, the FAQ explains, and will keep in custody “only those whose detention is necessary to effectuate removal, as well as those deemed a flight risk or danger to the community.”

ICE will also lean towards releasing pregnant women if they are in their third trimester, and will also make an effort for detention facilities to provide services to pregnant women and parents.

The move follows controversial efforts by the Department of Health and Human Services to keep unaccompanied minor immigrants in custody rather than releasing them to obtain abortions, a policy that has been the subject of intense litigation.

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http://www.cnn.com/2018/03/29/politics/immigrants-rejected-government-benefits/index.html

White House reviewing plan to restrict immigrants’ use of government programs

By: Tal Kopan, CNN

The White House is reviewing a proposal that could penalize immigrants who use certain government programs, the Department of Homeland Security confirmed Thursday.

The proposed rule change would substantially expand the type of benefits that could be considered as grounds to reject any immigrants’ application to extend their stay in the US or become a permanent resident and eventually a citizen.

The move continues efforts by the Trump administration to overhaul the US immigration system and the changes could have the effect of substantially tipping the scales in favor of high-income immigrants — all without requiring an act of Congress. The changes could amount to an effective income test of immigrants to the US, critics say.

The expansion would going forward include programs like children’s health insurance, tax credits and some forms of Medicaid as black marks against immigrants seeking to change their status to stay.

By including benefits used by family members of the immigrants, the proposal could also apply to benefits being used by US citizens, who may be the spouse or child of the immigrant applying for status

DHS spokesman Tyler Houlton said the proposed rule had been sent to the White House Office of Management and Budget — the final step of the approval process before it’s released.

Houlton would not comment on the specifics of the proposal, but did said that DHS is “committed to enforcing existing immigration law … and part of that is respecting taxpayer dollars.”

CNN first reported on the changes as they were in development last month. The Washington Post obtained a more recent version of the proposal on Wednesday.

Why the change matters

US law authorizes authorities to reject immigrants if they are likely to become a “public charge” — or dependent on government.

Since the 1990s, that has meant that immigrants shouldn’t use so-called “cash benefits,” but a large number of programs were exempt from consideration.

But the new rule would include programs such as some forms of Medicaid, the Children’s Health Insurance Program, food stamps, subsidized health care under Obamacare and the Earned Income Tax Credit, according to the latest draft obtained by the Post.

In one change from the earlier draft obtained by CNN, educational programs that benefit children, including Head Start, will not be included under the administration’s plan. Programs like veteran’s benefits that individuals earn would also be excluded.

The rule would not explicitly prohibit immigrants or their families from accepting the benefits. Rather, it authorizes the officers who evaluate their applications for things like green cards and residency visas to count the use of these programs against the immigrant, and gives them authority to deny the immigrants visas on these grounds — even if the program was used by a family member.

The decision sets up a difficult scenario for immigrants who hope to stay in the US. If they accept any public benefits — or their family members do — they could potentially be denied future abilities to stay. That includes decisions about whether to use health insurance subsidies for them or their children, or tax credits they qualify for otherwise.

Immigrants are no more likely to qualify for these programs than the native US population, according to tables included in the documents, the Post reported. There is no substantial difference in the rate between the two groups — in some cases foreign-born residents are slightly more likely to use a program, but in some cases the native-born population is, according to the tabulations.

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https://www.cnn.com/2018/03/29/politics/immigrants-social-media-information/index.html

US to require immigrants to turn over social media handles

By Tal Kopan, CNN

The Trump administration plans to require immigrants applying to come to the United States to submit five years of social media history, it announced Thursday, setting up a potential scouring of their Twitter and Facebook histories.

The move follows the administration’s emphasis on “extreme vetting” of would-be immigrants to the US, and is an extension of efforts by the previous administration to more closely scrutinize social media after the San Bernardino terrorist attack.

According to notices submitted by the State Department on Thursday, set for formal publication on Friday, the government plans to require nearly all visa applicants to the US to submit five years of social media handles for specific platforms identified by the government — and with an option to list handles for other platforms not explicitly required.

The administration expects the move to affect nearly 15 million would-be immigrants to the United States, according to the documents. That would include applicants for legal permanent residency. There are exemptions for diplomatic and official visas, the State Department said.

The decision will not take effect immediately — the publication of the planned change to visa applications on Friday will start a 60-day clock for the public to comment on the move.

The potential scouring of social media postings by potential immigrants is sure to rankle privacy and civil liberties advocates, who have been vocal in opposing such moves going back to efforts by the Obama administration to collect such information on a more selective and voluntary basis.

Critics complain the moves, amid broader efforts by the administration, are not only invasive on privacy grounds, but also effectively limit legal immigration to the US by slowing the process down, making it more burdensome and making it more difficult to be accepted for a visa.

Federal authorities argue the moves are necessary for national security.

In addition to requiring the five years of social media history, the application will also ask for previous telephone numbers, email addresses, prior immigration violations and any family history of involvement in terrorist activities, according to the notice.

Since its early days, the administration has been telegraphing a desire to more closely dig through the backgrounds and social media histories of foreign travelers, but Thursday’s move is the first time that it will formally require virtually all applicants to come to the US to disclose that information.

After the San Bernardino terrorist attack in 2015, greater attention was placed on immigrants’ social media use, when it was revealed that one of the attackers had advocated jihad in posts on a private social media account under a pseudonym that authorities did not find before allowing her to come to the US.

The move by the Trump administration stops short of requiring passwords or access to those social media accounts, although then-Homeland Security Secretary John Kelly suggested last year that it was being considered.

The administration has been pursuing “extreme vetting” of foreigners as a centerpiece of its immigration and national security policy, including through the contentious travel ban that remains the subject of heavy litigation.

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The Administration’s war on immigrants, America, and American values continues!

PWS

03-30-18

 

TAKING THE “SERVICE” OUT OF USCIS — Agency’s Mission Is Now To Serve White Nationalist, Anti-Immigrant Agenda — REWRITING HISTORY — US No Longer A Nation Of Immigrants — How Did All These NWGs (“Nasty White Guys”) Like Trump Cissna, & Sessions Get Here, Anyway?

https://www.vox.com/2018/2/22/17041862/uscis-removes-nation-of-immigrants-from-mission-statement

Dara Lind reports for Vox News:

“US Citizenship and Immigration Services isn’t for immigrants anymore.

That’s not an exaggeration. USCIS, the federal agency responsible for issuing visas and green cards and for naturalizing immigrants as US citizens, has unveiled a new mission statement that strips out all references to immigrants themselves — including taking out a line that called the US a “nation of immigrants.” And in an email to agency staff Thursday, as first reported by the Intercept’s Ryan Devereaux, director L. Francis Cissna bragged about the change — saying that USCIS wasn’t supposed to help immigrants and the US citizens seeking to sponsor them, but rather “the American people.”

The new mission statement, and Cissna’s justification, downplays the agency’s commitment to helping immigrants become American citizens and plays up the idea that US citizens attempting to bring their family members to the US don’t count as real Americans whose interests deserve to be protected.

USCIS’s new mission statement doesn’t just reflect the Trump administration’s hawkishness toward legal as well as unauthorized immigration. It encourages the notion that Americanness is a matter of blood and soil, of birth and descent, rather than an idea that anyone can be proud of regardless of where they were born.

Taking “citizenship” out of the mission of Citizenship and Immigration Services
The changes to the USCIS mission statement don’t change the work the agency actually does. But they make a symbolic statement that the Trump administration sees that work differently not just from how the Obama administration did, but from our traditional understanding of what Americanness means.

It’s not just the removal of the “nation of immigrants” line. The new mission statement removes all references to citizenship — instead of “immigration and citizenship benefits,” USCIS now just provides “immigration benefits,” and “promoting an awareness and understanding of citizenship” is kicked out of the mission entirely.

At the same time as the agency is deemphasizing the part of its job that involves turning immigrants into citizens, its new mission implies that the two groups — immigrants and Americans — are naturally in conflict:

U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.
Cissna’s email also told USCIS staff that they’re not supposed to call applicants “customers” anymore because their real customers aren’t immigrants — they’re the American people:

Referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as ‘customers’ promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law. […] Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.” [emphasis added]
It’s an odd statement to make. For one thing, USCIS is the rare federal agency that isn’t primarily funded through taxes — most of the money to run the agency comes from application fees. Immigrants applying for visas, green cards, and citizenship — and the US citizens and companies that have to sponsor some of those applications — are paying USCIS for the services they provide. By a commonsense definition, that’s what a customer is.

But what’s even more jarring than the redefinition of “customer” is the definition of “American.” Cissna’s statement strongly implies that “applicants and petitioners” don’t count as part of the “American people.” That might make sense if he were talking just about people newly coming to the US, or even if he were distinguishing “Americans” from noncitizens. But he’s not.

The “applicants” Cissna refers to include immigrants who are applying for US citizenship — the part of USCIS’s function that got stripped out of the mission statement. Not only does the new mission statement suggest that helping immigrants become Americans is no longer part of USCIS’ job, but by distinguishing “applicants” from “the American people,” it suggests that they can’t.

Furthermore, the overwhelming majority of petitioners for immigrants are US citizens petitioning for family members (or American businesses petitioning for employees). Those citizens may have been born abroad, but they’ve naturalized. They are as American as anyone else.

Does the Trump administration believe immigrants can integrate?
USCIS tends to be the most obscure of the Department of Homeland Security’s three immigration agencies, precisely because it’s the one that doesn’t deal with immigration enforcement (Customs and Border Protection addresses border enforcement; Immigration and Customs Enforcement takes care of interior enforcement). But immigrant rights advocates have been worried about the agency.

Cissna worked for Senate Judiciary Committee Chair (and immigration hawk) Chuck Grassley (R-IA) before being appointed to USCIS. The agency’s ombudsman office, which is supposed to provide transparency to the people who used to be called “customers,” is headed by Julie Kirchner, the former executive director of the Federation for American Immigration Reform — a group whose mission includes reducing legal immigration to the US.

There are already indications that the new leadership is encouraging applications to be processed more slowly and with more scrutiny. In winding down the Deferred Action for Childhood Arrivals program, they were more aggressive than Trump’s statements implied. At the same time, there’s been an apparent slowdown in the processing of naturalization applications and of work permits for some categories of immigrants.

By overhauling the mission statement, it’s clear that the new leadership wants to be noticed.”

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The White Nationalist attack on America continues. At least they don’t make any secret about their xenophobia and disdain for immigrants, their rights, and their advocates.

It’s “war.” That’s why we need the “New Due Process Army!”

PWS

02-23-19

 

 

 

 

BAD IDEAS NEVER DIE: USCIS ANNOUNCES THAT “AIMLESS DOCKET RESHUFFLING” (“ADR”) WILL BE THE OFFICIAL POLICY OF THE ASYLUM OFFICE!

http://discuss.ilw.com/content.php?9228-News-USCIS-to-Take-Action-to-Address-Asylum-Backlog

From ILW.Com:

  • “USCIS to Take Action to Address Asylum Backlog
    Release Date:

    Agency Will Focus on Processing Recently Filed Applications

    WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog.

    USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last five years, and the rate of new asylum applications has more than tripled.

    To address this problem, USCIS will follow these priorities when scheduling affirmative asylum interviews:

    1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
    2. Applications pending 21 days or less since filing; and
    3. All other pending applications, starting with newer filings and working back toward older filings.

    Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

    “Delays in the timely processing of asylum applications are detrimental to legitimate asylum seekers,” said USCIS Director L. Francis Cissna. “Lingering backlogs can be exploited and used to undermine national security and the integrity of the asylum system.”

    This priority approach, first established by the asylum reforms of 1995 and used for 20 years until 2014, seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization. Returning to a “last in, first out” interview schedule will allow USCIS to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings.

    For details on how we will schedule interviews, go to our Affirmative Asylum Interview Scheduling page.

    For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter ( @uscis ), YouTube ( /uscis ), and Facebook (/uscis).

    – USCIS –

    Last Reviewed/Updated:

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LIFO, FIFO, LILO, FILO, ADR. Gimmicks, gimmicks, gimmicks, and smokescreens. They never work in the long run. Been there, done that, myself during my Government career. Never, ever, saw it work. Just moves the backlog to different places (sometimes more obvious, sometimes “semi-hidden” for a while) and makes things worse in the long run.

And, once the “newly expedited denials” get over to EOIR they will either 1) be put at the front of the line, an exercise in ADR that will move everything else backwards and make the Immigration Court backlog worse, or 2) take their place at the back of the current backlog for adjudication sometime after 2020, by which time the priorities will have been reshuffled numerous times anyway.

There is little or no “hard evidence” that I’m aware of that ADR like this has any material effect on the flow of asylum seekers. Using what are supposed to be “fair adjudication” systems as “deterrents” and part of the “immigration enforcement initiatives” does compromise the integrity of the adjudication process, but has little or no effect on enforcement.

Most asylum applicants, successful and unsuccessful, come because of conditions in their home countries, not because of “intelligence” or “messages” about waiting times at the Asylum Office or in Immigration Court. And, by sending more and more cases to the end of the line, where the message is that they might never be reached, the ADR process also creates a “De Facto TPS Program” of sorts at both the Asylum Office and the Immigration Courts.

What’s a “better solution?” Legalize or PD the folks currently in line who have no serious criminal record. Then, do the rest of the cases on a FIFO basis except for detainees. No, it’s not a “perfect solution.” But, it’s what works best in the long run. And, it does establish 1) achievable expectations, 2) predictability, and 3) at least some approximation of fairness.

BTW, the current Asylum Office “backlog” appears to be largely the result of the Obama Administration’s poor decision to up detention levels and take a huge proportion of the Asylum Officer workforce off of “Final Interviews” and instead send them to the Southern Border to do “Credible Fear Interviews” as a result of a so-called “Border Surge Strategy.”  In other words, ADR by the Obama Administration begets ADR by the Trump Administration. When will they ever learn, when will they ever learn . . . ?

Many thanks to Nolan Rappaport for sending this my way.

PWS

02-01-18