March 2017 – Page 9 – immigrationcourtside.com

K.O.D.????? — Trump Has “Total Confidence” In Sessions — Few Politicos Survive This!

https://www.washingtonpost.com/powerpost/top-gop-lawmaker-calls-on-sessions-to-recuse-himself-from-russia-investigation/2017/03/02/148c07ac-ff46-11e6-8ebe-6e0dbe4f2bca_story.html?hpid=hp_rhp-top-table-main_gopreax-840a:homepage/story&utm_term=.f405f64e008f

From the WashPost:

“President Trump said Thursday that he has “total” confidence in Attorney General Jeff Sessions, who has come under fire for not disclosing his contacts with the Russian ambassador during the 2016 presidential campaign.

Speaking aboard the aircraft carrier USS Gerald Ford in Newport News, Va., Trump told reporters that he was not aware of Sessions’s contact with the Russian ambassador. Trump also said that Sessions “probably” testified truthfully during his confirmation hearing last month before the Senate Judiciary Committee.

Asked whether Sessions should recuse himself, Trump added: “I don’t think so.”

Several top Republican lawmakers have said that Sessions should recuse himself from ongoing investigations into Russian interference in the 2016 election, including potential contacts between Trump campaign officials and associates and Russian officials.

The Washington Post reported Wednesday that Sessions met twice with Russian Ambassador Sergey Kislyak in 2016. When asked a direct question during his confirmation hearing in January about whether he had any contact with Russian officials, Sessions said no.
The meetings occurred during the height of concerns about Russian interference in the U.S. election and at a time when Sessions was chairman of the Senate Armed Services Committee, as well as a top Trump surrogate and adviser.

Democratic leaders called on Sessions to resign, and several said he had perjured himself in his confirmation hearing. The swift response among some Republicans, although more muted, signaled increasing concern about the potential political fallout.”

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As far as I can figure out, few people outside the Trump family have as much standing with the President as Jeff Sessions. Ordinarily, that spells JOB SECURITY. But, more often than not, “inside the Beltway,” once the “Boss” has to make the “full confidence” (or “total confidence”) public statement, the handwriting is already on the wall. Remember President George W. Bush and “Brownie, you’re doing a heck of a job?”

And, according to former Bush II Administration Ethics Chief Richard W. Painter, it’s already time for Sessions to go. If nothing else, he’s fast becoming the problem rather than the solution, even from the Administration’s standpoint.

Painter sees parallels with the situation of former Nixon Attorney General Richard Kleindienst who eventually pleaded guilty to misdemeanor “failure to provide accurate information,” resulting in a reprimand from the Arizona State Bar. But, at least he didn’t get convicted of a felony and do time in Federal Prison like his predecessor, Attorney General John Mitchell (although Mitchell had left the position by the time he committed his felony).

And, remember, this is an Administration that at the urging of extreme restrictionists like Sessions, Bannon, and Miller is trying to convince the American public that any foreign national who is even accused of a crime (even if not convicted) is a “bad hombre” deserving detention and removal.

We’ll see how this all plays out. President Trump greatly appreciates loyalty. But, this might be one that even Jeff Sessions can’t survive.

Here is the link to Painter’s op-ed in the New York Times:

https://www.nytimes.com/2017/03/02/opinion/jeff-sessions-needs-to-go.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=1

PWS

03/02/17

GREEN BAY PRESS-GAZETTE: Green Bay, Appleton, Oshkosh Police Chiefs Oppose Trump’s Local Enforcement Initiative!

http://www.greenbaypressgazette.com/story/news/2017/03/02/police-chiefs-oppose-immigration-enforcement-duty/98608450/

“GREEN BAY – Police Chief Andrew Smith has joined 79 other law enforcement leaders around the country in calling to keep local police out of the federal role of immigration enforcement.

Smith, Appleton Police Chief Todd Thomas, and Oshkosh Chief Dean Smith were among those who signed a letter to Congress urging “a constructive immigration enforcement approach that prioritizes criminals and not peaceful residents.” Two top officers in Madison also signed the letter.

It was sent in advance of hearings this week by the Senate Homeland Security and Governmental Affairs Committee on the subject. The letter urges the federal government not to use withholding of grants as leverage to force police to enforce immigration laws.

The police chiefs argue that involvement in enforcing immigration laws would hamper their efforts to build community policing relationships and could discourage illegal immigrants who are crime victims or witnesses from cooperating with police.”

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B’Gosh, they “get it” in Oshkosh!

PWS

03/02/17

WALTER PINCUS IN THE NEW YORK REVIEW OF BOOKS: The Coming Immigration Court Disaster!

http://www.nybooks.com/daily/2017/03/01/trump-us-immigration-waiting-for-chaos/?utm_medium=email&utm_campaign=NYR Dennett immigration reform Chopin&utm_content=NYR Dennett immigration reform Chopin+CID_c0a3091a06cff6ddbb541b093215f280&utm_source=Newsletter&utm_term=US Immigration Waiting for Chaos

“One thing however is clear. Trump’s recent efforts to use blunt executive power to close our borders and prepare the way for deporting large numbers of undocumented immigrants are confronting far-reaching problems. Not only is there opposition from federal judges, the business sector, civil liberties groups, and others. There is also a major roadblock from another quarter: our already broken system of immigration laws and immigration courts.

The nation’s immigration laws needed repair long before Trump came to office. Even without the measures taken by the new administration, immigration courts face a backlog of hundreds of thousands of cases, while the existing detention system is plagued, not just by arbitrary arrests, but also by deep problems in the way immigrant detainees are handled by our courts, one aspect of which is the subject of a Supreme Court challenge.

But will the potential Trump excesses—driven by the president’s fear mongering about immigrant crimes and the alleged potential for terrorists to pose as refugees—be enough to light a fire under a Republican-led Congress that has for years balked at immigration reform?

. . . .

For better or worse—and it may turn out to be worse if Congress continues to refuse to act—the Trump administration’s determination to enforce current laws has pushed long-standing inequities in immigration justice onto the front pages.

Take the matter of those immigration judges, who now number some three hundred and are scheduled to grow substantially under the Trump administration. In April 2013, the National Association of Immigration Judges issued a scathing report pleading for omnibus immigration reform. Describing the morale of the immigration judge corps as “plummeting,” the report found that “the Immigration Courts’ caseload is spiraling out of control, dramatically outpacing the judicial resources available and making a complete gridlock of the current system a disturbing and foreseeable probability.”

The judges also noted that, “as a component of the DOJ [Department of Justice], the Immigration Courts remain housed in an executive agency with a prosecutorial mission that is frequently at odds with the goal of impartial adjudication.” For example, the judges are appointed by the Attorney General and “subject to non-transparent performance review and disciplinary processes as DOJ employees.” As a result, “they can be subjected to personal discipline for not meeting the administrative priorities of their supervisors and are frequently placed in the untenable position of having to choose between risking their livelihood and exercising their independent decision-making authority when deciding continuances”—the postponement of a hearing or trial.

The immigration judges writing this complaint were working under the Obama administration Justice Department, with Eric Holder as attorney general. What will their situation be like with Attorney General Jeff Sessions, a believer in tighter immigration controls, as their boss?

As it is now, an immigration judge’s job is exhausting. They carry an average load of 1,500 cases, but have minimal staff support. In the 2013 report, the immigration judges noted that they have no bailiffs, no court reporters, and only one quarter of the time of a single judicial law clerk. The backlog of immigration cases in the United States now stands at roughly 542,000. Most important, the immigration judges claim some 85 percent of detained immigrants appearing before them are unrepresented by counsel.

Meanwhile, another pending lawsuit highlights a different long-running problem concerning our nation’s immigration judges. In June 2013, the American Immigration Lawyers Association, along with Public Citizen and the American Immigration Council (AIC) filed a case in federal district court in Washington, D.C., seeking documents that would disclose whether the federal government adequately investigated and resolved misconduct complaints against immigration judges.

Such complaints have been widespread enough that the Justice Department reports annually on the number. In fiscal 2014, the latest figures published, there were 115 complaints lodged against 66 immigration judges. Although 77 were listed as resolved, the outcomes are not described.”

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This timely article was brought to my attention by my good friend and former colleague retired U.s. Immigration Judge (NY) Sarah Burr. Walter Pincus is a highly respected national security reporter. He’s not by any means an “immigration guru.”

As I have pointed out in previous blogs and articles, this problem is real! In the absence of sensible, bipartisan immigration reform by Congress, which must include establishing an independent immigration judiciary, our entire Federal Justice System is at risk of massive failure.

Why? Because even now, immigration review cases are one of the largest, if not the largest, components of the civil dockets of the U.S. Courts of Appeals. As due process in the Immigration Courts and the BIA (the “Appellate Division” of the U.S. Immigration Courts) deteriorates under excruciating pressure from the Administration, more and more of those ordered removed will take their cases to the U.S. Courts of Appeals. That’s potentially hundreds of thousands of additional cases. It won’t be long before the Courts of Appeals won’t have time for anything else but immigration review.

In my view, that’s likely to provoke two responses from the Article III Courts. First, the Circuits will start imposing their own minimum due process and legal sufficiency requirements on the Immigration Courts. But, since there are eleven different Circuits now reviewing immigration petitions, that’s likely to result in a hodgepodge of different criteria applicable in different parts of the country. And, the Supremes have neither the time nor ability to quickly resolve all Circuit conflicts.

Second, many, if not all Courts of Appeals, are likely to return the problem to the DOJ by remanding thousands of cases to the Immigration Courts for “re-dos” under fundamentally fair procedures. Obviously, that will be a massive waste of time and resources for both the Article III Courts and the Immigration Courts. It’s much better to do it right in the first place. “Haste makes waste.”

No matter where one stands in the immigration debate, due process and independent decision making in the U.S. Immigration Courts should be a matter of bipartisan concern and cooperation. After all, we are a constitutional republic, and due process is one of the key concepts of our constitutional system.

PWS

03/02/17

BREAKING: Sessions In Hot Water Over Failure To Disclose Contacts With Russian Ambassador — Administration Tries To Deflect Controversy!

http://www.cnn.com/2017/03/01/politics/jeff-sessions-russian-ambassador-meetings/index.html

Evan Perez, Shimon Prokupecz and Eli Watkins write on CNN:

“Attorney General Jeff Sessions met twice last year with the top Russian diplomat in Washington whose interactions with former Trump national security adviser Mike Flynn led to Flynn’s firing, according to the Justice Department.

Sessions did not mention either meeting during his confirmation hearings when he said he knew of no contacts between Trump surrogates and Russians. A Justice official said Sessions didn’t mislead senators during his confirmation.
The Washington Post first reported on Sessions’ meetings with the official. Sergey Kislyak, the Russian ambassador, is considered by US intelligence to be one of Russia’s top spies and spy-recruiters in Washington, according to current and former senior US government officials.

Sessions met with Kislyak twice, in July on the sidelines of the Republican convention, and in September in his office when Sessions was a member of the Senate Armed Services committee. Sessions was an early Trump backer and regular surrogate for him as a candidate.
Attorney General Sessions responded swiftly Wednesday, strongly stating that he never discussed campaign-related issues with anyone from Russia.
“I never met with any Russian officials to discuss issues of the campaign,” he said in a statement. “I have no idea what this allegation is about. It is false.”

Key Democratic lawmakers immediately called for Sessions’ resignation after the news broke.
House Minority Leader Nancy Pelosi characterized Sessions’ comments in his confirmation “apparent perjury,” and said the attorney general should resign.
Kislyak’s potential proximity to Russian spying is one reason why Flynn’s interactions with him, and Flynn’s failure to disclose what he discussed with Kislyak, raised concerns among intelligence officials.
In his confirmation hearing to become attorney general, Sessions was asked about Russia and he responded at the time that he “did not have communications with the Russians.”

Sessions’ spokeswoman Sarah Isgur Flores said there was nothing “misleading about his answer” to Congress because the Alabama Republican “was asked during the hearing about communications between Russia and the Trump campaign — not about meetings he took as a senator and a member of the Armed Services Committee.”

. . . .

Minnesota Democrat Sen. Al Franken, who asked Sessions about Russia at the confirmation hearing, said if the reports of Sessions’ contacts with Kislyak were true then Sessions’ response was “at best misleading.”
“It’s clearer than ever now that the attorney general cannot, in good faith, oversee an investigation at the Department of Justice and the FBI of the Trump-Russia connection, and he must recuse himself immediately,” Franken said.”

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Although somewhat lost in the shuffle, in another controversial move, on Tuesday, Attorney General Sessions announced another major shift on civil rights policy. He said that the DOJ would drop pending investigations of unwarranted violence and violations of civil rights by local police. By giving local police a free hand, Sessions said that he expected that poor and minority individuals living in high crime areas would be “safe, happier.” Sessions’s actions were met by skepticism from many civil rights advocates and African American community leaders.

PWS

03/02/17

UPDATE FROM CNN: Top GOP Reps Chaffetz and McCarthy Call For Sessions To Recuse!

“The revelation prompted key Democrats to call for Sessions’ resignation and led two top Republicans to call on him to recuse himself from Trump-Russia inquiries.
Rep. Jason Chaffetz, the Republican chairman of the House Oversight Committee, said Sessions should “clarify his testimony,” while House Majority Leader Rep. Kevin McCarthy, in an interview with MSNBC, said Sessions should not participate in such investigations for “the trust of the American people.”

Meanwhile, Sen. Al Franken, D-Minnesota, told CNN’s “New Day” that Sessions’ testimony in January was “extremely misleading.”

http://www.cnn.com/2017/03/01/politics/jeff-sessions-russian-ambassador-meetings/index.html

PWS

03/02/17

Raul Reyes On CNN: Trump’s “Softening” On Immigration A “Cruel Hoax” — “The Most Anti-Immigrant President In Modern History”

http://www.cnn.com/2017/03/01/opinions/trump-bait-and-switch-on-immigration-reyes/index.html

“Then came Trump’s address before Congress, and his true intentions were revealed. His talk of immigration reform, we now know, was just that: Talk. At best, his earlier statements about immigration reform were a publicity stunt designed to gin up interest (and ratings, which Trump is obsessed with) in his speech. At worst, this bait-and-switch was a cruel hoax perpetrated on millions of undocumented people who might have briefly hoped for a reprieve from possible deportation.
In fact, Trump’s speech offered little meaningful policy on immigration, beyond conflating immigrants with crime and misrepresenting key facts underlying illegal immigration. Tellingly, there was no mention of offering legalization to anyone.

. . . .

Yes, such reform is possible, but it is unlikely Trump will expend any political capital making it happen. He was elected by a base that is fervently opposed to anything resembling “amnesty.” He has surrounded himself with advisers like white nationalist champion Steve Bannon, the xenophobic Stephen Miller, and Attorney General Jeff Sessions, who wants curbs on legal immigration.”

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PWS

03/02/17

Despite Softer Tone, Not Everyone “Sold” On Trump’s Vision, Particularly As It Relates to Immigration!

http://www.huffingtonpost.com/entry/donald-trump-policies-joint-session_us_58b6e282e4b0780bac2f010b?

Igor Bobic , Amanda Terkel , Kate Sheppard write in HuffPost:

“Yet many key assertions Trump made were patently false. America is neither crime-infested nor still mired in a recession, as he portrayed. Moreover, some of his bold rhetoric on issues like the environment, immigration, civil rights, women’s rights and child care are directly undercut by the policies he has pursued or promised to pursue since taking office on Jan. 20.

Immigration Reform
Trump welcomed the idea of compromise on immigration reform, calling on Democrats and Republicans to “work together to achieve an outcome that has eluded our country for decades.” Prior to the speech, he even told reporters that he wanted a bill that could grant legal status to millions of undocumented immigrants living in the U.S.

Despite his call for compromise, however, Trump has directed his administration to enforce the nation’s immigration laws more aggressively. The policy, which he dubbed a “military operation,” has given immigration officials the freedom to target not only serious criminals, as Trump has promised, but also undocumented immigrants with misdemeanors and some with no criminal history at all. And he still has plans to build a “great” wall on the U.S.-Mexico border, which Democrats and even some Republicans in Congress strongly oppose.

“At one point, he mentioned that he was targeting and criminalizing immigrants, but at the same time, he’s saying we need to unite?” asked Roque Pech, a beneficiary of former President Barack Obama’s Deferred Action for Childhood Arrivals program, which grants temporary deportation relief to certain young undocumented immigrants who came to the U.S. as children.

Pech, who attended the event as a guest of Rep. Nanette Barragan (D-Calif.), said Trump’s immigration talk made no sense: “I felt like multiple times he was contradicting himself. That was one of the clearer examples.”

Matthew Cooper, writing in Newsweek, was also blunt in his assessment:

“Yet no one listening to the nearly hour-long address would think Trump had mellowed his nationalist agenda. His decision to create an office at the Justice Department focused on crime caused by illegal immigrants elicited groans from Democrats in the chamber. Just as President Barack Obama once held up DREAMers—immigrants who arrived illegally as children and went on to lead productive lives—Trump pointed to families gathered in the House of Representatives who had lost family members to crimes perpetrated by undocumented immigrants. Trump showed no signs of softening his stance on immigration, save for not invoking his usual promise to have Mexico pay for the wall. If anything he went further, by suggesting that the current immigration system should be overhauled and based on “merit,” however that’s defined. Despite news reports earlier on Tuesday that he might be open to some kind of immigration reform allowing 11 million undocumented migrants to stay in the U.S., there was no indication of that kind of softening in his address. Instead he invoked the frightening image of immigrants driving down wages and raising havoc. “Lawless chaos,” he called it. The solution, he said: “We must restore integrity and the rule of law to our borders.” By applauding Jamiel Shaw, the African-American man whose son was killed by an undocumented immigrant, Trump made his case for getting tough on the border and did so in a way that would help insulate him against charges of racism.”

http://www.newsweek.com/trump-congress-speech-immigration-paul-ryan-obamacare-trade-crime-562365

And, according to the Washington Post’s “Fact Checkers,” Glenn Kessler and Michelle Ye Hee Lee, striking a more “Presidential tone,” Trump continues to pile up erroneous statements at an impressive rate:

“An address to Congress is such an important speech that presidents generally are careful not to stretch the truth. The “16 words” in George W. Bush’s 2003 State of the Union address that falsely claimed Iraq’s Saddam Hussein sought uranium from Africa led to significant turmoil in the administration, including the criminal conviction of a top aide.

President Trump’s maiden address to Congress was notable because it was filled with numerous inaccuracies. In fact, many of the president’s false claims are old favorites that he trots out on a regular, almost daily basis. Here’s a roundup of 13 of the more notable claims, in the order in which the president made them.

. . . .

“We’ve defended the borders of other nations, while leaving our own borders wide open, for anyone to cross — and for drugs to pour in at a now unprecedented rate.”

The data are mixed on the amount of drugs coming through the borders. The amount of marijuana seized at the border continues to decline — probably a reflection of drug use in the United States, as more states legalize marijuana for medical or recreational use. In fiscal 2016, 1.3 million pounds of marijuana were seized, down from 1.5 million the year before, and lower than the peak of nearly 4 million pounds in 2009, according to Customs and Border Protection data. The amount of cocaine seized at the borders overall in fiscal 2016 (5,473 pounds) was roughly half the amount seized the previous year (11,220 pounds).

But the amount of heroin and methamphetamine seized has increased in recent years. In fiscal year 2016, CBP seized 9,062 pounds of heroin (compared to 8,282 in fiscal 2015) and 8,224 pounds of methamphetamine (compared to 6,443 pounds in fiscal 2015).

Meanwhile, illegal immigration flows across the Southern border in fiscal 2015 were at the lowest levels since 1972, except for in 2011. The apprehensions in fiscal 2016 (408,870) exceeded fiscal 2015 (331,333), but still indicate an overall decline since their peak in 2000 (1.6 million).

. . . .

“As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak and as I have promised throughout the campaign.”

Trump is referring to the recent arrests of undocumented immigrants convicted of crimes, or the “bad ones.” Trump takes credit for fulfilling his campaign promise of cracking down on illegal immigration, but these arrests are routine. Immigration and Customs Enforcement has always targeted dangerous criminals in enforcement priorities. The recent arrests, however, did include people who would not have fallen under narrowed enforcement priorities under Obama.

Still, 25 percent of the arrests that grabbed headlines in early February were of people who had lesser charges and noncriminal convictions. According to anecdotes of recent arrests, undocumented people with traffic violations were subject to arrest. They are not the “bad ones,” such as drug dealers or gang members, that he describes.

“By finally enforcing our immigration laws we will raise wages, help the unemployed, save billions and billions of dollars and make our communities safer for everyone.”

Trump exaggerates the impact of illegal immigration on crime, taxpayer money and jobs.

Extensive research shows noncitizens are not more prone to criminality than U.S.-born citizens. The vast majority of unauthorized immigrants are not criminal aliens or aggravated felons.

Trump appears to reference the cost of illegal immigration from the Federation for American Immigration Reform, which supports lower levels of legal and illegal immigration. According to the group, the annual cost of illegal immigration at the federal, state and local levels amounted to about $113 billion as of 2013.
The scene as President Trump delivers his first address to a joint session of Congress
View Photos The president returned to familiar themes from his campaign in his speech to Congress, promising to reduce regulations and taxes, combat terrorism, crack down on illegal immigration and replace the Affordable Care Act.
But this calculation makes assumptions that are not necessarily tied to illegal immigration, like enrollment in English proficiency classes. The enrollment number doesn’t tell you anything about the actual citizenship status of students (i.e., they could be native-born children of undocumented immigrants, raised in a non-English-speaking home).
In general, economists have found that immigration overall results in a net positive to the U.S. economy. There are slight negative effects, which are felt most strongly by less-educated and low-skilled workers. Illegal immigration, in particular, tends to affect less-educated and low-skilled American workers the most — groups disproportionately consisting of black men and recently arrived less-educated legal immigrants.

The U.S. Commission on Civil Rights 2010 report found that illegal immigration has tended to depress wages and employment particularly for black men. But factors other than illegal immigration contribute to black unemployment, the report found, including the high school dropout rate and low job-retention rates.

. . . .

“Jamiel’s 17-year-old son was viciously murdered by an illegal immigrant gang member, who had just been released from prison. Jamiel Shaw Jr. was an incredible young man, with unlimited potential who was getting ready to go to college where he would have excelled as a great quarterback. But he never got the chance. His father, who is in the audience tonight, has become a good friend of mine.”

Trump likes to use anecdotes as evidence for associating violent crimes with illegal immigration, telling stories of victims of homicide by undocumented immigrants. He brought family members of those killed by illegal immigrants as his guests for Tuesday night’s speech. He often talks about the death of Jamiel Shaw Jr., a 17-year-old football star who was killed in 2008 by a gang member who was in the country illegally.

Clearly, stories like this exist. But the vast majority of unauthorized immigrants do not fit Trump’s description of aggravated felons, whose crimes include murder. U.S. Sentencing Commission data show homicides are a small percentage of the crimes committed by noncitizens, whether they are in the United States illegally or not.

The Congressional Research Service found that the vast majority of unauthorized immigrants do not fit in the category of aggravated felons, whose crimes include murder, drug trafficking or illegal trafficking of firearms.”

https://www.washingtonpost.com/news/fact-checker/wp/2017/02/28/fact-checking-president-trumps-address-to-congress/?utm_term=.dc2c2a6b69c0&wpisrc=nl_daily202&wpmm=1

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PWS

03/02/17

THE HILL: Nolan Rappaport Gives Thumbs Up To President Trump’s “VOICE” Program

http://thehill.com/blogs/pundits-blog/immigration/321859-trumps-mostly-wrong-about-immigrant-crime-but-gets-1-thing

Nolan writes in The Hill:

“The VOICE office will create a programmatic liaison between ICE and victims of crimes committed by removable aliens. The objective is to facilitate engagement with the victims and their families to ensure, to the extent permitted by law, that they are provided with information about the offender, including the offender’s immigration status and custody status.
Secretary Kelly funds this program by ordering the director of ICE to reallocate the resources currently used to advocate on behalf of undocumented aliens (except to comply with a judicial order) to the new VOICE Office, and to terminate outreach and advocacy services to undocumented aliens immediately.

VOICE is not a completely new idea. ICE established a Victim Assistance Program in 2008, but it has worked primarily with victims of human trafficking.

A Huffington Post contributor says, “Let’s call this what it is: VOICE is racist government propaganda.” He claims that VOICE will embroil the media and the public in a constant debate about the merits of immigration in the United States.

Even if the contributor is right about President Trump’s intention in creating this program, and I do not think he is, I applaud the president’s attempt to help crime victims.

Moreover, I believe that the public is entitled to more information about crimes committed by immigrants, particularly the ones who are here in violation of our immigration laws. Then, we will be able to let the facts speak for themselves.”

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Nolan informs me that his article made “The Hill’s Top Five Hit Parade.” Congratulations to Nolan, and many thanks for his timely and highly readable scholarship on immigration and politics.

Note that to fund VOICE, DHS will terminate all outreach programs aimed at assisting undocumented individuals involved in various DHS processes.

PWS

03/01/17

Law You Can Use — Arlington Immigration Court Attorney Advisor Roberta Oluwaseun Roberts Explains How Possible Document Fraud Can Be Examined In Immigration Court While Respecting Due Process!

vol11no2_final-RORonfraud

From the February 2017 edition of EOIR’s Immigration Law Advisor:

“The Board of Immigration Appeals has long emphasized that “no decision should ever rest, or even give the slightest appearance of resting, upon generalizations derived from evaluations of the actions of members of any group of aliens. Every adjudication must be on a case-by-case basis.” Matter of Blas, 15 I&N Dec. 626, 628 (BIA 1974). But what if counsel for the Department of Homeland Security (“DHS”) or the Immigration Judge notices significant similarities between the documents submitted in an applicant’s proceedings and the proceedings of another applicant with a similar claim? How can officers of the court raise these types of concerns about possible indications of fraud without compromising confidentiality or the due process rights of the applicant? In 2007, the United States Court of Appeals for the Second Circuit encouraged the Board to provide a framework for addressing inter-proceeding similarities and provide “expert guidance as to the most appropriate way to avoid mistaken findings of falsity, and yet identify instances of fraud.” Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 524 (2d Cir. 2007). The Board provided this guidance in a 2015 decision, Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015), which has thus far been cited approvingly in published and unpublished decisions by two circuit courts of appeals. See, e.g., Wang v. Lynch, 824 F.3d 587, 591–92 (6th Cir. 2016); Zhang v. Lynch, 652 F. App’x 23, 24 (2d Cir. 2016).

This article analyzes the procedural framework articulated by the Board in Matter of R-K-K- for considering document similarities in immigration proceedings. First, the article will briefly discuss the need for such a framework. Second, the article will provide examples of what may—or may not—constitute each step that must be met in the three-step framework. Finally, the article will discuss due process and confidentiality concerns that arise when considering inter-proceeding similarities in making credibility determinations.”

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My friend Roberta is one of the all-star Attorney Advisors and Judicial Law Clerks who help the U.S. Immigration Judges at the U.S. Immigration Court in Arlington, VA with their most difficult decisions. Working with Roberta and others like her, both present and past, was one of the true high points of being an Immigration Judge. I’m sure that their intellectual engagement, enthusiasm, and overall positive outlook helped extend my career. Thanks again to Roberta for passing along this terrific scholarly contribution. Due process forever!

PWS

03/01/17

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