HE MIGHT BE A BIGGER THREAT TO PRIVATE PROPERTY THAN BURGLARS: Sessions’s Next Target — Americans’ Private Property — Plans To Reinstitute Discredited Seizure & Forfeiture Policies! — “In 2014, federal law enforcement officers took more property from citizens than burglars did.”

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/jeff-sessions-wants-police-to-take-more-cash-from-american-citizens/

Christopher Ingraham reports in the Washington Post:

“Asset forfeiture is a disputed practice that allows law enforcement officials to permanently take money and goods from individuals suspected of crime. There is little disagreement among lawmakers, authorities and criminal justice reformers that “no criminal should be allowed to keep the proceeds of their crime.” But in many cases, neither a criminal conviction nor even a criminal charge is necessary — under forfeiture laws in most states and at the federal level, mere suspicion of wrongdoing is enough to allow police to seize items permanentlAdditionally, many states allow law enforcement agencies to keep cashthat they seize, creating what critics characterize as a profit motive. The practice is widespread: In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.

Since 2007, the Drug Enforcement Administration alone has taken more than $3 billion in cash from people not charged with any crime, according to the Justice Department’s Inspector General.

The practice is ripe for abuse. In one case in 2016, Oklahoma police seized $53,000 owned by a Christian band, an orphanage and a church after stopping a man on a highway for a broken taillight. A few years earlier, a Michigan drug task force raided the home of a self-described “soccer mom,” suspecting she was not in compliance with the state’s medical marijuana law. They proceeded to take “every belonging” from the family, including tools, a bicycle and her daughter’s birthday money.

In recent years, states have begun to clamp down on the practice.

“Thirteen states now allow forfeiture only in cases where there’s been a criminal conviction,” said Robert Everett Johnson, an attorney for the Institute for Justice, a public interest law firm that represents forfeiture defendants.

In 2015, Eric Holder’s Justice Department issued a memo sharply curtailing a particular type of forfeiture practice that allowed local police to share part of their forfeiture proceeds with federal authorities. Known as “adoptive” forfeiture, it allowed state and local authorities to sidestep sometimes stricter state laws, processing forfeiture cases under the more permissive federal statute.

These types of forfeitures amounted to a small total of assets seized by federal authorities, so the overall impact on forfeiture practices was relatively muted. Still, criminal justice reform groups on the left and the right cheered the move as a signal that the Obama administration was serious about curtailing forfeiture abuses.

In his speech Monday, Attorney General Sessions appeared to specifically call out adoptive forfeitures as an area for potential expansion. “Adoptive forfeitures are appropriate,” he said, “as is sharing with our partners.”

“This is a federalism issue,” Johnson said. “Any return to federal adoptive forfeitures would “circumvent limitations on civil forfeiture that are imposed by state legislatures … the Department of Justice is saying ‘we’re going to help state and local law enforcement to get around those reforms.’”

The Department of Justice did not return a request for comment.”

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Gee, for a “states rights” guy, Sessions seems pretty anxious to exert Federal authority over all sorts of state prerogatives!

PWS

07-17-17

 

WASHPOST: Sessions Earns “Three Pinocchios” For Bogus Claims About Sanctuary Cities!

https://www.washingtonpost.com/news/fact-checker/wp/2017/07/17/attorney-general-jeff-sessionss-claim-that-criminals-take-notice-of-cities-with-sanctuary-policies/

Michelle Ye Hee Lee reports in the Fact Checker column in the Washington Post:

“Sessions is being rather misleading by citing data from a study that doesn’t support his point.

Sessions says that “criminals take notice” when cities make it known that they have “sanctuary” policies that restrict local cooperation with federal authorities about people who may be in the country illegally. He cites data from a study by the University of California Riverside, to say that “cities with these policies have more violent crime on average than those that don’t.”

But he omits the other side of the research, which is that this data point is not statistically significant. The study by the researchers did not find that sanctuary policies had any effect on crime — a point that they have emphasized in the past and which Sessions appears to have willfully ignored for political purposes. We award Sessions Three Pinocchios for twisting the data out of context to make the opposite point that the researchers made.

Three Pinocchios

 

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It isn’t every day that the Attorney General of the United States can earn “Three Pinocchios” for intentional dishonesty. But, then, Jeff “Gonzo Apocalypto” Sessions isn’t just “any” Attorney General.
PWS
07-17-17

 

The “Gibson Report” — July 17, 2017

The Gibson Report, July 17, 2017

 

PWS

07-17-17

BIA/DURESS DEFENSE — NEW COMMENTARY FROM JUDGE JEFFREY S. CHASE: “Former IJs and Board Members File Amicus Brief in Negusie Remand”

https://www.jeffreyschase.com/blog/2017/7/17/former-ijs-and-board-members-file-amicus-brief-in-negusie-remand

Jeffrey writes:

“An Amicus brief was recently filed with the BIA on behalf of seven former immigration judges (including myself) and a former BIA board member in the case of Negusie v. Holder.  (In addition to the former Board member, one of the included IJs also served as a temporary Board member).   The case was remanded by the U.S. Supreme Court in order for the Board to determine whether there is a duress exception to the bar to asylum which applies to those who have persecuted others on account of a protected ground.

The context for the brief is as follows.  After initially ceding a limited duress exception to the Board, DHS recently changed its position.  In now opposing such exception, DHS relies in part on its contention that the complex analysis such determinations require would overburden the currently backloggedimmigration courts.

The amicus brief on behalf of the former IJs and Board member offers three primary points in rebuttal to this portion of DHS’s claim.  First, the brief points out that the immigration courts’ present backlog is largely the result of policy decisions made by both EOIR and DHS itself.  As the brief argues, it is disingenuous for DHS to create policies that contribute to the immigration courts’ backlog, and then argue to limit immigration judge’s decision-making authority as a means of alleviating its self-created burden.  The brief adds that such “bureaucratic failures resulting in the immigration court backlog cannot be a reason to deny people their right to a fair and just outcome.”

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

Read Jeffrey’s complete analysis over on his own website at the above link.

Why the “Chevron Doctrine” has gotta go:

Folks, the Supremes remanded the Negusie case in 2009 — that’s right, approximately eight years ago! Since that time, the supposedly “expert” BIA has been screwing around trying to came up with guidance.

It was obvious from the Supreme’s decision that they all had firm opinions on the correct answer (notwithstanding some very disingenuous protests to the contrary). So, why send the case back several levels in the system, all the way to a non-Article III administrative tribunal to make a decision that the BIA is either unwilling or incapable of making in a timely manner?

It’s time for the Supremes to step up to the plate and decide difficult and controversial issues when they are presented to them, not “punt” back to lesser qualified Executive agencies that lack the necessary judicial independence to make the best and fairest decisions. Why have a Supreme Court that is afraid to decide important legal issues?

In the meantime, lives are in the balance as the BIA flounders about trying to reach a decision. U.S. Immigration Judges and lower Federal Courts have had to “go it alone” on real-life cases while the BIA ruminates. Indeed, I had to decide such cases at the trial level on several occasions without any meaningful guidance from the BIA.

Moreover, the obvious unfairness of these delays is well illustrated here. During the eight years at the BIA, the Administration has changed and is now taking a much more restrictive position. But, if the BIA had done its job, the precedent, presumably more generous, would have been established years ago, and many cases would already have been finally determined thereunder.

It’s time to put an end to the absurdly “undue deference” that the Supremes give to non-Article III decision makers on questions of law under Chevron.

PWS

07-17-17

JUDGES JOURNAL, SUMMER 2017: “IN BORROWED ROBES — A Day in the Life of an IMMIGRATION JUDGE” By Judge Dorothy A. Harbeck

JJ_SUM17_56_3_Harbeck

Excerpt:

“It was a Sunday afternoon of particular autumn splendor when I found myself trying on vampire capes for work. I had been three-quarters of the way to the York County Correctional Facility in Pennsylvania, a detention center, for my week-long detail of hearing removal cases of noncitizens when I realized I had forgotten my judicial robe. I was supposed to be on the bench in the immigration court the next morning. I was a new immigration judge (IJ), assigned to a detention facility in Eliz- abeth, New Jersey, and I did not want any problems on my detail to York. I gured forgetting my robe was a rookie move, and I wanted to project authority. Also, there is a specific Operating Policy and Procedure Memorandum (OPPM) on the subject. That OPPM requires that I wear a robe when presiding over cases so that I convey the proper dignity of the court and foster the aims of due process and a fair hearing.”

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

Read the entire, wonderful first-hand account of a trial judge’s life at the “retail level” of our immigration system by my good friend Judge Dorothy Harbeck of the Elizabeth, N.J. Immigrant Court.

PWS

07-17-17

11th Circuit Zaps BIA’s Overbroad Interpretation Of “Prison” — Alfaro v. Attorney General — “Rebel-controlled trailer in a jungle is not a ‘prison.'”

http://media.ca11.uscourts.gov/opinions/pub/files/201414913.pdf

Key Quote:

“The BIA’s determination that Alfaro was confined to a prison is erroneous. The status adjustment application asked whether Alfaro had ever been confined in a prison, and we cannot conclude as a matter of law that a rebel-controlled trailer in the middle of the Nicaraguan jungle is a “prison.” In ordinary usage, a prison is a “building or complex where people are kept in long-term confinement as punishment for a crime . . . specif[ically], a state or federal facility of confinement for convicted criminals.” Black’s Law Dictionary (10th ed. 2014). Both the definition and the plain meaning of the word suggest that legal authority to confine someone is a necessary component. That is to say, a prison is an instrumentality of the state, and it is the state’s legal authority to confine someone that distinguishes confinement in a prison from confinement by one without legal authority to do so, say a kidnapper, for instance. 3

In arguing that Alfaro’s confinement constitutes confinement in a “prison,” both the government and the BIA liken the trailer to a military prison because Alfaro was placed there involuntarily, during wartime, following a war-related incident. But Alfaro was not confined in a prison, he was confined in a small

3 Even assuming that Alfaro did previously say that he was in “jail,” whether Alfaro was confined to a prison is a question of law determined by the definition of the word “prison.”

6

Case: 14-14913 Date Filed: 07/13/2017 Page: 7 of 7

trailer, in a jungle, by a group of his peers—the Contras—fellow rebels fighting to overthrow their government. It was nothing like a military prison. The Contras were not military personnel, they were insurgents, and they were not acting under any governmental or legal authority to detain him. The Contras did not charge or convict Alfaro of any crime because they lacked the authority to do so. Indeed, it is not even clear whether Alfaro was being punished or whether he was just being questioned pending an inquiry into the incident. Regardless, we hold that as a matter of law, a rebel-controlled trailer in a jungle is not a “prison.” 

PANEL: TJOFLAT and WILSON, Circuit Judges, and ROBRENO, District Judge.

OPINION BY: Judge Wilson

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Even relatively “pro-Government” Circuits like the 11th appear to be getting weary of the BIA’s attempts to expand the reach of removal statutes.

PWS

07-16-17

 

House Appropriations Adds 65 New U.S. Immigration Judge Positions!

According to Congressional Quarterly, on July 14, 2017, the House Appropriations committee voted to add 65 new U.S. Immigration Judge positions to the DOJ’s FY 2018 spending bill.

PWS

07-16-17

N. Rappaport In The Hill: CAL Should Try A Different Approach For Helping Undocumented Residents!

http://thehill.com/blogs/pundits-blog/immigration/342178-illegal-ca-sanctuary-state-bill-is-actually-an-ineffective-way

Nolan writes:

California 'sanctuary state' bill is illegal, but also ineffective
© Getty

“Activist Dolores Huertaclaims that California needs to enact the California Values Act, Senate Bill 54 (SB 54), as a counterweight to Texas’s draconian law banning sanctuary cities in that state and President Donald Trump’s “xenophobic agenda to deport millions of people.”

I disagree.  While I can understand why Huerta dislikes Texas’s sanctuary city law, it is an exaggeration to call it “draconian.”  And Trump is just enforcing immigration provisions that were written by Congress and signed into law by previous presidents.  If those laws are xenophobic, the solution is to lobby Congress to change them.

Making California a sanctuary state will not stop Trump’s enforcement efforts.  But it would violate federal law and make California ineligible for certain types of federal grants.

. . . .

Chicago Mayor Rahm Emanuel found a better way to help.  He established a Legal Protection Fund for undocumented aliens living in Chicago.

Once undocumented aliens are in expedited removal proceedings, they are subject to mandatory detention and cannot be represented by an attorney; but they can be helped by attorneys before they are in such proceedings.

When appropriate, attorneys can assist them in putting together the evidence they will need to establish that they have been in the United States for more than two years, or that they have a credible fear of persecution, if they find themselves in expedited removal proceedings.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.

Emanuel found a better way to help.  He established a Legal Protection Fund for undocumented aliens living in Chicago.

Once undocumented aliens are in expedited removal proceedings, they are subject to mandatory detention and cannot be represented by an attorney; but they can be helped by attorneys before they are in such proceedings.

When appropriate, attorneys can assist them in putting together the evidence they will need to establish that they have been in the United States for more than two years, or that they have a credible fear of persecution, if they find themselves in expedited removal proceedings.

This would help many undocumented aliens without violating any federal law or making California ineligible for needed federal funds.”

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

Go over to The Hill at the link for Nolan’s complete article.

PWS

07-15-17

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

 

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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

Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

TRUMP ADMINISTRATION ASKS SUPREMES TO INTERVENE (AGAIN) IN TRAVEL BAN CASE!

http://www.huffingtonpost.com/entry/trump-supreme-court-travel-appeal_us_596980fde4b017418627ad08

HuffPost reports:

“The U.S. Justice Department on Friday asked the Supreme Court to block a judge’s ruling that prevented President Donald Trump’s travel ban from being applied to grandparents of U.S. citizens and refugees already being processed by resettlement agencies.

In a court filing, the administration asked the justices to overturn Thursday’s decision by a U.S. district judge in Hawaii, which limited the scope of the administration’s temporary ban on refugees and travelers from six Muslim-majority countries.

The latest round in the fight over Trump’s March 6 executive order, which he says is needed for national security reasons, came after the Supreme Court intervened last month to partially revive the two bans, which were blocked by lower courts.

The Supreme Court said then that the ban could take effect, but that people with a “bona fide relationship” to a U.S. person or entity could not be barred.

The administration had narrowly interpreted that language, saying the ban would apply to grandparents and other family members, prompting the state of Hawaii to ask Hawaii-based U.S. District Judge Derrick Watson to expand the definition of who could be admitted. He ruled for the state late on Thursday.

In the court filing, the Justice Department said the judge’s ruling “empties the (Supreme) Court’s decision of meaning, as it encompasses not just “close” family members but virtually all family members.

The conservative-leaning Supreme Court is not currently in session but the justices can handle emergency requests. The administration’s application could be directed either to Justice Anthony Kennedy, who has responsibility for emergency requests from western states, or to the nine justices as a whole. If the court as a whole is asked to weigh in, five votes are needed to grant such a request.

“The truth here is that the government’s interpretation of the Supreme Court’s stay order defies common sense,” said Omar Jadwat, a lawyer with the American Civil Liberties Union involved in challenging the ban. “That’s what the district court correctly found and the attorney general’s misleading attacks on its decision can’t change that fact.”

In his decision, Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense.”

Watson also ruled that the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the United States because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.”

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

Read the complete article at the link.

Wow, for a group that despises and disses Federal Judges on a regular basis, the Trumpsters seem to be always calling on them for help!

Hard to see what the “emergency” would be that can’t wait till October.

PWS

07-14-17

 

“KATE’S LAW” — Steinle Family Didn’t Want Her Name Associated With Political Football!

http://www.cnn.com/2017/07/14/politics/kate-steinle-trial/index.html

CNN reports:

“San Francisco (CNN)One minute, Kate Steinle was walking with her dad on a San Francisco pier. The next, she fell to the ground, crying out for help after a bullet hit her in the back and pierced her aorta.

In a matter of hours, Steinle was dead, and police had arrested an undocumented immigrant who they accused of pulling the trigger.
On that summer day in 2015, Donald Trump had barely kicked off his campaign. But the case quickly became a rallying cry for Trump as he called for a crackdown on illegal immigration and railed against sanctuary cities.
In the two years since, candidate Trump has become President Trump, and Steinle’s name echoed in the halls of Congress this month as the House of Representatives passed Kate’s Law, a measure named for her.
But Steinle’s family has balked at her case becoming the symbol of Republicans’ immigration agenda. The attorney defending the suspect in the case says there’s more to the story than meets the eye.
And Juan Francisco Lopez-Sanchez, the undocumented Mexican immigrant who’s accused of killing Steinle and of repeatedly entering the United States illegally, has yet to go on trial.
Lopez-Sanchez appeared in court on Friday, wearing an orange jumpsuit and a blank expression through most of the proceedings.
Here’s the latest on the case: . . . .”
*******************************************************
Read the complete article and get detailed information on the current status of the case at the link.
No surprise that the Trump-Sessions crew and the GOP sponsors of “Kate’s Law” are more interested in scoring political points than the feelings of the family struck by this tragedy.
And, even “enhanced” deportation laws really would’t have prevented this tragedy. The suspect had already been deported five times.
Thanks to star CNN immigration beat reporter Tal Kopan for alerting me to this article to which she contributed.
PWS
07-14-17

Administration Mulls Expansion Of Expedited Removal

https://www.washingtonpost.com/world/national-security/in-memo-trump-administration-weighs-expanding-the-expedited-deportation-powers-of-dhs/2017/07/14/ce5f16b4-68ba-11e7-9928-22d00a47778f_story.html?hpid=hp_rhp-top-table-main_dhsmemo-810pm:homepage/story&utm_term=.793d4747b053

The Washington Post reports:

“The Trump administration is weighing a new policy to dramatically expand the Department of Homeland Security’s powers to expedite the deportations of some illegal immigrants.

Since 2004, the agency has been authorized to bypass immigration courts only for immigrants who had been living in the country illegally for less than two weeks and were apprehended within 100 miles of the border.

Under the proposal, the agency would be empowered to seek the expedited removal of illegal immigrants apprehended anywhere in the United States who cannot prove they have lived in the country continuously for more than 90 days, according to a 13-page internal agency memo obtained by The Washington Post.

The new guidelines, if enacted, would represent a major expansion of the agency’s authority to speed up deportations under President Trump, who has made border security a top priority.

Two administration officials confirmed that the proposed new policy, which would not require congressional approval, is under review. The memo was circulated at the White House in May, and DHS is reviewing comments on the document from the Office of Management and Budget, according to one administration official familiar with the process who spoke on the condition of anonymity.

Joanne F. Talbot, a DHS spokeswoman, said she had not seen the memo. She described it as a draft and emphasized that no final decisions have been made by Homeland Security Secretary John F. Kelly.

“The potential changes would allow DHS to more efficiently use resources to remove persons who have been illegally present for relatively brief periods of time while still observing due-process requirements,” Talbot said.

Immigrant rights advocates denounced the proposed expansion of the expedited deportation authority, warning that the policy would strip more immigrants of due-process rights to seek asylum or other legal protections that would allow them to remain in the country.”

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

Read the complete article at the link.

This should come as no surprise, since one of Trump’s Executive Orders on immigration called for such an expansion. The only surprises are 1) that it has taken them so long to get around to it, and 2) that the expansion is limited to those who have been here 90 days or less, rather than “pushing the envelope” to the maximum two-year limit in the statute.

Additionally, the Administration is no doubt aware that Article III judges have lacked the spine to stand up for due process and find the statute unconstitutional. Expedited removal is a travesty of due process. So, this will be a test whether the Article III judiciary is willing to stand up for the Constitution. So far, the prospects for the Constitution are not encouraging.

It’s not surprising that the Administration’s approach to the due process mess in the U.S. Immigration Courts is to avoid due process rather than fix the existing system. But, these measures are unlikely to help much. Almost all of the approximately 600,000 individuals currently in Immigration Court, and probably 95% of the 10-11 million plus individuals already in the U.S., have been here for 90 days or more.

PWS

07-14-17

 

TROUBLE FOR SIJS IN VIRGINIA? Court Of Appeals Says No Jurisdiction to Make SIJ Findings — Canales v. Torres Orellana

http://caselaw.findlaw.com/va-court-of-appeals/1864910.html 

Key Quote:

“For the foregoing reasons, we hold that the circuit court did not err when it found that it lacked jurisdiction to make separate SIJ findings of fact. The Code of Virginia does not provide such authority and 8 U.S.C. § 1101(a)(27)(J) does not in any way alter the jurisdiction of Virginia courts. Rather, it simply allows immigrant juveniles to use certain state court judgments and supporting factual findings—such as those made under the best interests analysis of Code § 20-124.3—to support a petition for SIJ status with the Department of Homeland Security. Federal authorities then determine whether the state court findings are sufficient to meet the requirements of the SIJ statute. Further, the circuit court did not err when it crossed out the specific SIJ findings in the custody order, both because the circuit court was permitted to apply only the provisions of the Code of Virginia to the custody determination and because the unappealed factual finding that there was insufficient evidence to prove Father’s abandonment is binding on this Court in this appeal. Accordingly, we affirm the judgment of the circuit court.”

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

Although I was involved, in one of my prior incarnations, in the initial phases of SIJ legislation, I am currently not enough of an expert to say what the exact effect of this ruling will be in future SIJ cases in Virginia. It doesn’t sound good. During my tenure in the Arlington Immigration Court, I took many Virginia cases off the docket after an SIJ petition was granted by USCIS. Perhaps someone who has more expertise in SIJs can comment or point readers to a practice advisory on the impact of this case.

PWS

07-14-17

 

BREAKING: GRANDPARENTS, REFUGEES WIN, TRUMP LOSES (AGAIN) — JUDGE WATSON EXPANDS TRAVEL BAN EXCEPTIONS!

Here’s U.S. District Judge Derrick Watson’s full opinion:

https://assets.documentcloud.org/documents/3894503/Hawaii-v-Trump-Motify-Injunction-Order.pdf

KEY EXCERPTS

“PREDETERMINED AND UNDULY RESTRICTIVE:”

“First, the Government’s utilization of the specific, family-based visa provisions of the INA identified above constitutes cherry-picking and resulted in a

predetermined and unduly restrictive reading of “close familial relationship.” Other, equally relevant federal immigration statutes define a close family in a much broader manner.”

“ANTHESIS OF COMMON SENSE:”

“In sum, the Government’s definition of “close familial relationship” is not only not compelled by the Supreme Court’s June 26 decision, but contradicts it.

Equally problematic, the Government’s definition represents the antithesis of common sense. Common sense, for instance, dictates that close family members be defined to include grandparents. Indeed, grandparents are the epitome of close family members. The Government’s definition excludes them. That simply cannot be. See generally Klayman v. Obama, 142 F. Supp. 3d 172, 188 (D.D.C. 2015) (noting that courts should not “abandon all common sense” when considering injunctive relief).”

“BONA FIDE DOES NOT GET ANY MORE BONA FIDE THAN THAT:”

“Nothing in the Supreme Court’s decision requires a refugee to enter into a contract with a United States entity in order to demonstrate the type of formal relationship necessary to avoid the effects of EO-2. An assurance from a United States refugee resettlement agency, in fact, meets each of the Supreme Court’s touchstones: it is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security, and it is issued in the ordinary course, and historically has been for decades. See Slip Op. at 12. Bona fide does not get any more bona fide than that.11 Accordingly, Plaintiffs’ Motion is granted with respect to this specific request for injunctive relief.”

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PWS

07-14-17

THE CUT: SESSIONS UNDER FIRE FOR SPEECH TO ANTI-LGBT GROUP!

https://www.thecut.com/2017/07/jeff-sessions-speech-anti-lgbtq-hate-group-alliance-defending-freedom.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Cut%2520-%2520July%252013%252C%25202017&utm_term=Subscription%2520List%2520-%2520The%2520Cut%2520%25281%2520Year%2529

Claire Landsbaum reports:

“Attorney General Jeff Sessions is being criticized for delivering a speech to an anti-LGBTQ hate group. On Tuesday night he addressed the Alliance Defending Freedom, a Christian law firm that advocates against LGBTQ rights, but the Justice Department won’t release his remarks, according to ABC.

The event reportedly aimed to “bring together prominent legal advocates, scholars, cultural commentators, business executives and church leaders to examine the current state of religious freedom,” and “develop legal and cultural strategies to allow freedom to flourish in the United States and around the world.” A spokesperson for the Alliance Defending Freedom said it was “working through channels” to release Sessions’s remarks at the gathering.

The ADF was classified as a hate group by the Southern Poverty Law Center in 2016; according to the center’s website, the ADF “is a legal advocacy and training group that specializes in supporting the recriminalization of homosexuality abroad, ending same-sex marriage, and generally making life as difficult as possible for LGBT communities in the U.S. and internationally.” This characterization doesn’t sit well with the ADF, which recently published a column defending its ideology.

Sessions’s voting record as an Alabama senator was generally in line with the ADF’s stances — for example, he supported a constitutional ban on same-sex marriage; voted against adding sexual orientation and gender identity to categories protected against hate crimes; and voted against repealing the military’s “don’t ask, don’t tell” policy. But although his attendance at an event involving the ADF isn’t surprising, some LGBTQ advocates are worried about the message it sends.

Wisconsin Senator Tammy Baldwin, who’s the first openly gay person elected to the U.S. Senate, told ABC it “sends a very troubling message that our attorney general, America’s top law-enforcement official, is not committed to standing up to anti-LGBT hate.”

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Liz was right!

PWS

07-13-17