May 2018 – Page 5 – immigrationcourtside.com

GONZO’S WORLD: SESSIONS GREETS MELANIA’S “BE NICE TO KIDS” INITIATIVE WITH ATTACK ON MIGRANT CHILDREN AND THEIR FAMILIES – Also Plans “Aimless Docket Reshuffling” Initiative To Fill U.S. District Courts With Minor, Non–Violent Misdemeanants Diverting Resources From More Serious Criminals

https://www.huffingtonpost.com/entry/trump-dhs-doj-immigration-families_us_5af0bd5ee4b0ab5c3d68ae96

Roque Planas & Elise Foley report for HuffPost:

In a sweeping enforcement change, Donald Trump’s administration will increasingly prosecute members of immigrant families who cross the border illegally, even if that means splitting children from their parents and regardless of whether they’re seeking safety in the U.S., Attorney General Jeff Sessions said Monday.

It’s already happening. On April 27, Border Patrol officers picked up a 30-year-old Salvadoran woman, Morena Mendoza Romaldo, with one of her children after she crossed into the U.S. near San Diego. She fled El Salvador because of sexual violence, according to court filings. She clearly told Border Patrol that she was afraid to return there; an arrest narrative filed in court has “credible fear claim” written on it.

Crossing the border illegally is a misdemeanor punishable by up to six months in jail. But previously the Justice Department rarely targeted family units — as the Border Patrol describes parents who cross with their children — for prosecution. Instead, authorities typically routed migrant families to immigration courts, and they were often released from detention after three weeks because of a court order limiting how long undocumented children may remain locked up. People with credible fear of being returned to their native countries were likewise often sent to immigration court instead of being criminally prosecuted.

But now, with the Trump administration looking for ways to crack down on policies its officials deride as “catch and release,” the response has gotten harsher.

Mendoza’s case was one of 11 immigration prosecutions filed against alleged members of a caravan of asylum-seeking Central Americans. At least two others were also separated from their children after facing prosecution for illegal entry.

Sessions and Immigration and Customs Enforcement’s acting Director Thomas Homan said during a press conference in San Diego that the Department of Homeland Security would refer for prosecution all cases of people crossing illegally, as part of a zero-tolerance policy — regardless of whether they’re fleeing persecution or traveling with children.

“People are not going to caravan or otherwise stampede our border,” Sessions insisted. He later said, “We don’t want to separate families, but we don’t want families to come to the border illegally.”

It will be up to individual U.S. attorneys to decide how many of the migrants will face criminal charges. In the past, limits on the number of government attorneys or courtroom capacity led authorities to instead route most people caught at the border through the traditional deportation process without convicting them of a crime first. Last week Sessions announced that the Justice Department hired 35 more assistant U.S. attorneys to help prosecute immigration crimes in the five federal districts that touch the U.S.-Mexico border. Immigration prosecutions have taken up roughly half the federal criminal docket since 2008, after policy changes pioneered by George W. Bush, institutionalized under Barack Obama and now enthusiastically embraced by Trump.

The zero-tolerance policy won’t apply to those who seek asylum at ports of entry, which is not illegal, although the Trump administration has publicly urged migrants to stay in Mexico instead. At least two of the 11 alleged caravan members facing prosecution for illegal entry — Olga Esmeralda George and Marbel Yaneth Ramirez-Raudales — said they tried to initiate asylum claims at a nearby port of entry but were turned away, according to court filings.

Sessions’ plans are already facing opposition from the San Diego Federal Public Defenders’ Office. Illegal entry prosecutions are often open and shut cases. But attorney Eric Fish has asked the court to dismiss three of the 11 alleged caravan members’ cases, arguing that his clients, including Mendoza, were targeted for political reasons that amount to unconstitutional discrimination.

If other countries treated people seeking refugee protection in this way, the United States would be appalled.Eleanor Acer, refugee protection program director, Human Rights First

In court filings littered with Trump’s tweets excoriating the caravan, Fish contended that Border Patrol agents arrested the three defendants at the same time as a group of Indian nationals. But the Indians were never prosecuted.

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“The government cannot choose its defendants based on their alleged country of citizenship, but that’s exactly what it did here,” he wrote in a court filing. “The Court should not stand for such invidious discrimination, and should dismiss the complaint.”

Fish is also disputing the $10,000 bonds set by the court, arguing that his clients present no flight risk and could be instead monitored by GPS and released on their own recognizance.

The cases highlight how much energy Sessions is devoting to some of the pettiest crimes possible. Until he announced his zero-tolerance policy, illegal-entry prosecutions were all but unheard of in San Diego. And in the three contested cases, the government offered to free the defendants on time served if they pleaded guilty.

At least two of the defendants said they intend to seek asylum, which generally exempts people from criminal prosecution for illegally crossing the border. One of them, Yaneth, attempted to turn herself in at a legal port of entry but was turned away, according to court filings. Under U.S. law and international treaty obligations, Customs and Border Protection is required to let in migrants who say they fear persecution in their country of origin. But CBP faces a lawsuit in the Southern District of California alleging that the agency often flouts those rules.

Organizers with the caravan disputed that the migrants facing prosecution were affiliated with their group, though they said it’s possible that some had joined the caravan and later left it. At its peak, the number of migrants traveling with the caravan topped 1,000, but its numbers dwindled to fewer than 300 as some decided to remain in Mexico, were counseled that their asylum claims would be hard to press in U.S. courts or were repelled by the open hostility of top Trump administration officials.

“It’s pretty obvious that they don’t know who is part of the caravan or not,” said Alex Mensing — an organizer with Pueblos Sin Fronteras, which coordinated the caravan — noting that one of the defendants, Eric Alberto López Robles, is a Mexican national and that the caravan did not work with any Mexican adults. “It just doesn’t add up.”

Those crossing with the caravan were instructed to go through a legal port of entry to make their claims and were advised against crossing illegally, according to Nicole Ramos, the director of Al Otro Lado, a nonprofit group that is offering legal services to the caravan’s members. Ramos, who once worked as a federal public defender, said that in legal workshops, she warned about the threat of prosecution.

“After people were given transit visas, perhaps some of them went in other directions, but they were not integrated into the caravan,” she said. “The goal of the caravan was to get to Tijuana and present themselves legally. And as part of the legal orientation we gave, we specifically advised people about criminal prosecutions.”

Prosecuting people who are seeking asylum could violate international law, according to human rights advocates. Border Patrol was warned about this at least once, when the DHS Office of the Inspector General issued a report in 2015 saying the agency risked violating U.S. treaties by referring people for prosecution even though they expressed fear of persecution in their native country.

Immigrant rights advocates have been hearing for months from parents who were separated from their children and in some cases aren’t sure how to get in touch with them. The practice “is simply barbaric,” said Eleanor Acer, who leads the refugee protection program at Human Rights First.

“If other countries treated people seeking refugee protection in this way,” she said, “the United States would be appalled.”

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Similar “strategies” have been tried and failed in the past under Administrations of both parties. But, doubling down on failed strategies, particularly when they disproportionately harm and punish a group consisting largely of Hispanics, is a Sessions specialty.

I will be interested to see how independent Article III Judges react to having their courtrooms clogged and judicial time focused on minor misdemeanors (rather than serious crimes) as part of the Administration’s enforcement apparatus

PWS

05-08-18.

ABA NEWS: “Panelists debate how to fix a broken immigration court system”

https://www.americanbar.org/news/abanews/aba-news-archives/2018/05/panelists_debatehow.html

Expert panelists address immigration court reform at a discussion hosted by the ABA Commission on Immigration

America’s immigration justice system is broken. The case backlog is huge – nearly 700,000 immigrants and asylum-seekers are waiting for hearings or decisions – technology is old and there aren’t enough judges.

All five panelists agreed on that much at a May 4 discussion of how to reform immigration courts. They disagreed on who broke the system and how to fix it.

Several panelists accused Congress of underfunding the courts and the Justice Department of politicizing them. The head of the federal office that oversees immigration courts said he is working to cut down the backlog and hire more judges.

James McHenry, director of the Executive Office for Immigration Review (EOIR), said the agency will hire 150 additional judges and the hiring process will be much shorter than it has been. It previously took two years to hire new immigration judges. It now takes less than a year, McHenry said.

The discussion was sponsored by the ABA Commission on Immigration and held at the Washington, D.C., office of Fried, Frank, Harris, Shriver & Jacobson.

Three panelists – a sitting judge, a retired judge and an immigrant advocate – criticized EOIR’s handling of the courts. All three said the courts should be removed from the Justice Department and become independent.

Judge Denise Slavin of Baltimore, representing the National Association of Immigration Judges, said the immigration system today deserves a grade of D or D-minus. “The system is failing, there is no doubt about it,” she said.

The two biggest problems, she said, are the backlogs and public perception that the courts are unfair. The backlog, she said, was caused by “years of fiscal neglect” by both political parties. “Enforcement has been funded at levels that the courts have not,” she said.

She also accused Attorney General Jeff Sessions of politicizing the immigration courts. “It does not help matters much when our attorney general states to the press that we are being sent to the border to deport people. Not to hear cases, to deport people,” Slavin said.

She also criticized Sessions’ recent order that all immigration judges must clear at least 700 cases a year to get a “satisfactory” rating on their performance evaluations. No other American courts have such a quota, she said. “The only other court that we found that has that is in the People’s Republic of China,” Slavin said.

Retired immigration judge Paul Schmidt, an adjunct law professor at Georgetown University, accused the Justice Department of “aimless docket reshuffling” and have a “morbid fascination with increased immigration detention as a means of deterrence.” These actions “have turned our immigration court system back into a tool of DHS (Department of Homeland Security) enforcement,” he said.

He said the Trump administration has shown “unprecedented levels of open disdain and disrespect” for pro bono lawyers and immigration judges – “the two groups that are struggling to keep due process afloat in the immigration courts.”

He urged the audience to “join the new due process army and stand up for truth, justice and the American way in our failing, misused and politically abused United States immigration courts.” That earned the only applause of the morning.

Heidi Altman, policy director at the National Immigrant Justice Center, also accused the Justice Department of political interference in the immigration courts. “We are faced today with an administration that, at the very highest levels of leadership, is using rhetoric designed to reframe the goals and mission of our immigration court system,” she said. “The politicization of the immigration court system is particularly harmful because the courts are meant to be neutral bodies.”

McHenry said his agency is fixing the court system. Document e-filing will roll out nationally next year, he said. He denied Slavin’s accusation that judicial hiring is politicized. Merit hiring “will be the standard as long as I’m the director,” McHenry said.

In addition to hiring more judges, EOIR will shorten the backlog by using more teleconferencing, bringing back retired judges and re-examining all its policies, McHenry said. He said he sees no conflict between making the system more efficient and providing due process. “We believe judges can do both.”

The panel was moderated by Karen Grisez, special adviser to the ABA Commission on Immigration and public service counsel at Fried Frank.

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Couldn’t be clearer: Jeff Sessions is a huge part of the problem and is incapable of being part of the solution. Yes, other Administrations have also helped destroy justice in the Immigration Courts. But, Sessions graphically demonstrates why Due Process can never be safe from attack as long as the DOJ is in charge.

PWS

05-07-18

This entry was posted on Mon May 07 12:49:14 CDT 2018 and filed under Top Stories and Commission on Immigration.

HON. JEFFREY CHASE: EVERYONE IN THE HUMAN RIGHTS/WOMEN’S RIGHTS ADVOCACY COMMUNITY NEEDS TO UNITE AND TAKE AGGRESSIVE ACTION AGAINST JEFF SESSIONS’S PLAN TO PASS DEATH SENTENCE ON FEMALE REFUGEES FLEEING DOMESTIC VIOLENCE –Many Will Be Killed, Raped, Maimed, Disfigured, Or Sentenced To A “Life Worse Than Death” If Sessions Has His Way!

https://www.jeffreyschase.com/blog/2018/5/6/7r3izq486dxxtzlrsythpmr2kg35j3

May 6 Briefs Filed in Matter of A-B-

Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B-. Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed an amicus brief (which can be viewed here: http://www.aila.org/infonet/amicus-brief-matter-of-a-b- ).* The respondent’s brief was submitted by the outstanding legal team of Ben Winograd of IRAC; Karen Musalo, Blaine Bookey, and Eunice Lee of CGRS, and Charlotte attorney Andres Lopez. DHS’s brief was submitted by Michael P. Davis of ICE, whose reasoned positions are to be commended.

The issue in the case below involved the actions of immigration judge V. Stuart Couch in failing to abide by the decision of the Board of Immigration Appeals, which reversed Couch’s denial of asylum in a particularly strong claim involving a victim of severe domestic violence. The BIA reversed the judge’s decision, and remanded with instructions to grant asylum following the required updated security clearance by DHS. However, Couch took some nine months to schedule the case for a hearing. When at that hearing, DHS stated that the clearances had been completed, Judge Couch did not issue a new decision (as he was directed to do by the BIA). Instead, he stated that he was recertifying the case to the BIA, something that he lacked the authority to do without first issuing a new decision.

The case sat for another seven months, during which time it is not clear whether the record actually made its way back to the BIA. But before the Board could rule on the propriety of Judge Couch’s actions, the case was somehow plucked from wherever it had been by AG Jeff Sessions, who on his own transformed the case into a vehicle to answer a question that no one but himself seems to understand, namely, whether being the victim of private criminal activity constitutes a cognizable particular social group for asylum purposes. (There is an interesting question of how Sessions even knew that this case existed.)

In response, the Department of Homeland Security appealed to reason. It requested the AG to hold off until the BIA ruled on the propriety of Couch’s attempted recertification. DHS also requested Sessions to provide further clarification of his question, and noted that “this question has already been answered, at least in part, by the Board and its prior precedent.” Sessions denied both requests, adding that he is not bound by BIA precedent, nor is he required to allow briefing on an issue before him on certification. It seems as if Sessions might be saying that as he’s bestowing the privilege of allowing briefs, he doesn’t further need to let everyone know what it is they are being asked to brief.

Depending on how Sessions is choosing to interpret the question, his decision might impact not only domestic violence claims, but any asylum claim based on a particular social group involving private criminal activity (which could include claims based on sexual orientation or sexual identity; as well as victims of female genital cutting, human trafficking, gang violence, blood feuds and honor killings). Or then again, maybe not. Because if Sessions is asking whether a particular social group delineated as “victims of private criminal activity” is cognizable, his answer wouldn’t impact the outcome of this case, as the respondent never claimed to be a member of such group. Nor would it matter to the outcome if Sessions is asking whether a group which includes the element of victimization by a criminal acting in a private capacity is cognizable, as no element of victimization is included in the respondent’s delineated group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common.” Nowhere in the wording of such group is there a mention of being the victim of private criminal activity, nor is the respondent claiming that she was targeted for abuse because of her being a victim of private criminal activity.

But could Sessions be questioning whether any particular social group merits asylum where its members fear persecutors who are not government officials? If that’s his question, a decision in the negative would run counter to not only more than a half century of BIA precedent, but also to decisions of all eleven Federal circuit courts, and to international law, all of which universally agree that for asylum purposes, persecution may be by private actors that the government is unable or unwilling to control.

Does Sessions himself understand the question he is asking? Let’s just assume that since this case involves a credible victim of severe domestic violence, and that her particular social group was found by the BIA to be substantially similar to the one it recognized as cognizable in its 2014 precedent decision in Matter of A-R-C-G-, that Sessions is considering invalidating that decision.

The purpose of courts and tribunals is to resolve disputes between the parties. The issue that Sessions now wishes to address has been settled, and is not being contested by either party. The Department of Homeland Security itself made this point to Sessions. Had this case been allowed to run its course and result in a grant of asylum, it is far from clear that such result would have been contested or appealed by DHS. In its brief to Sessions, DHS states more than once that it “generally supports the legal framework set out by the Board in Matter of A-R-C-G-.” DHS continued that the group in that case of “married women in Guatemala who are unable to leave their relationship” was not defined by the respondent’s being subject to domestic violence. DHS specifically stated that like the BIA, it “understands ‘unable to leave a relationship’ to signify an inability to do so based on a potential range of ‘religious, cultural, or legal constraints…’” DHS continued that neither the PSG in A-R-C-G- nor the group offered by A-B- herself violate the principle that such group “must exist independently of the persecution suffered and/or feared.”

In refusing DHS’s request for clarification, Sessions claimed that “several Federal Article III courts have recently questioned whether victims of private violence may qualify for asylum” based on their membership in a particular social group. However, in responding to such statement in its subsequent brief, DHS noted that “none of the circuit court decision cited by the Immigration Judge questioned the underlying validity of A-R-C-G-.” In response to Sessions’ statement that he is not bound by the BIA’s precedent decisions, DHS recognized this, but “avers that the Attorney General should not directly or indirectly abrogate A-R-C-G-,” but should “rather…emphasize the importance of case and society-specific analysis.”

There is thus agreement between the parties of the validity of the Board’s holding in A-R-C-G-. In revisiting the issue, Sessions is not attempting to resolve a dispute, as no such dispute exists.

To me, the most shocking aspect of Sessions’ action is its timing. Case law concerning human rights (including the law of asylum) and civil rights does not develop in a vacuum. Much as courts have extended civil rights protections based on race, gender, and sexual orientation throughout the history of this country, the idea of what constitutes persecution and which of its victims are deserving of protection evolves along with the views of society. Sessions is choosing, unprompted, to challenge whether victims of domestic violence are deserving of asylum just as our society has undertaken a powerful, long-overdue, and much needed correction in the form of the #metoo movement. Many hundreds of thousands of us (“us” of course referring to people regardless of gender, as women’s rights are human rights) have filled the streets of cities all over America (and the world) the past two Januarys in a powerful, emotional rebuke to sexual assault and all forms of sexism. Powerful men who for years had engaged in all forms of sexual abuse and harassment are for the first time experiencing the consequences of their actions. And it is at this particular time that Sessions seeks to revoke protection to women who are domestic violence victims?

Briefs are good, but more is needed. The wonderful Tahirih Justice Center collected 60,000 signatures on a petition which it delivered to Sessions in March calling on him to uphold asylum protection for survivors of domestic violence: https://www.tahirih.org/news/tahirih-delivers-petition-on-asylum-for-domestic-violence-survivors-to-the-attorney-general/. More organizations need to follow Tahirih’s example. In addition to the briefs submitted, there needs to be a true public outcry addressed to Sessions on this issue. Asylum protection for victims of domestic violence is not just an immigration issue or a women’s issue. It is a human right, on which all of us should make ourselves heard.

*Heartfelt thanks to the law firm of Gibson Dunn (Megan Kiernan, Ronald Kirk, Chelsea Glover, Lalitha Madduri, and Amer Ahmed) for drafting the brief, and to former BIA member Lory D. Rosenberg for organizing and coordinating the effort.

Copyright 2018 Jeffrey S. Chase. All rights reserved.

JEFF CHASE

DAVID G. SAVAGE @ LA TIMES: REFUGEE ROULETTE CONTINUES – But, It’s Not What You Might Think – The “Outliers “ Are All On The Anti-Asylum Side In A System Systematically Biased Against Asylum Seekers From The Northern Triangle!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=73fad225-44bc-4757-97fa-b9369552de1e

By David G. Savage

WASHINGTON — Central Americans who travel north to plead for entry at the U.S. border are taking their chances on an immigration system that is deeply divided on whether they can qualify for asylum if they are fleeing domestic violence or street crime, rather than persecution from the government.

The law in this area remains unclear, and the outcome of an asylum claim depends to a remarkable degree on the immigration judge who decides it.

And sitting atop the immigration court system is Atty. Gen. Jeff Sessions, a longtime advocate of much stricter limits on immigration who has recently taken an interest in reviewing asylum cases.

Lawyers say they are troubled by a legal system in which decisions turn so much on the views of individual judges.

Among the 34 immigration judges in Los Angeles, two granted fewer than 3% of the hundreds of asylum claims that came before them in the last five years, while another judge granted 71% of them. The disparity is even greater in San Francisco, where the judge’s rate of granting asylum claims ranged from 3% to 91%.

Overall, asylum seekers would do much better in San Francisco, where 32% were denied between 2012 and 2017, compared with a 68% denial rate in Los Angeles during the same period, according to data from the Transactional Records Access Clearinghouse at Syracuse University.

This is not news to immigration lawyers. A decade ago, several law professors published a study called “Refugee Roulette” that revealed how asylum cases depend heavily on the views of individual judges. “The level of variation was shocking. And it hasn’t changed,” said Georgetown University professor Philip Schrag.

Judge Ashley Tabaddor from Los Angeles, president of the National Assn. of Immigration Judges, discounts the statistics. “They’re not reliable,” she said, since judges may have very different caseloads. Some judges hear claims from people who have been detained for crimes, while others hear mostly claims from juveniles, she said.

“We are human. Different people can have different views about the same set of facts,” she said.

Several Los Angeles lawyers who have won or lost asylum cases in recent months said the identity of the judges played an important role. “It’s astounding how much variation there is from judge to judge. The system is in need of repair. It’s an embarrassment,” said Joseph D. Lee, a partner at Munger, Tolles & Olson.

He represented an El Salvador mother who fled north with her three children after gang members shot and killed her husband’s brother in front of her family and then threatened to do the same to her relatives.

“The Central American cases can be difficult to win. Some judges are pretty hostile to gang-related claims,” he said. His client’s claim was denied, and he plans to appeal. “Your chance of winning an asylum claim shouldn’t turn on the luck of the draw on which judge you get. But that is exactly how it works,” he said.

It may soon become much harder to win such claims. Under an unusual feature of the law, the attorney general, as the nation’s top law enforcement officer, also oversees the immigration courts. He can overrule their decisions and announce new rules that are binding on them.

In March, Sessions announced he would review the question of whether women fleeing domestic violence or other “private criminal activity” can rely on this to win asylum.

Last fall, Sessions spoke to a meeting of immigration judges and complained America’s “generous asylum” system has become “overloaded with fake claims.… The credible fear process was intended to be a lifeline for persons facing serious persecution. But it has become an easy ticket to illegal entry into the United States.”

In the last week, the American Bar Assn., faith-based groups and a coalition of immigration law professors have submitted “friend of the court” briefs to Sessions urging him not to reverse years of precedent involving women fleeing abuse and terror.

But veteran immigration judges are not optimistic. Sessions “just wants more people to be removed,” said Paul W. Schmidt, a retired immigration judge from Virginia and an outspoken critic of the attorney general. “He will make it a lot harder for Central Americans to get asylum.”

The dispute begins with the words of the asylum law. In the Refugee Act of 1980, Congress adopted the United Nations standard and said people may seek asylum if they are “unable or unwilling to return” to their home country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Under the law, asylum seekers are treated differently than, for example, refugees from a war-torn nation or immigrants seeking work.

Four of those terms in the asylum law are clear enough: race, religion, nationality and political opinion. But lawyers and judges have struggled to decide what counts as “membership in a particular social group.”

Courts have agreed that gays and lesbians can count as a social group, since they have suffered persecution in many societies. Some judges have also said women and girls fleeing sexual abuse and violence can seek asylum because their society views women as the property of men — and with no hope for protection from their government.

But the question becomes harder when considering the gang violence that has spread through some Central American countries. For example, people who testified against violent gangs or resisted them in other ways have sought asylum on the grounds they are members of a particularly endangered social group.

“These cases are challenging,” said Nareeneh Sohbatian, a Los Angeles lawyer at Winston & Strawn who supervises asylum claims. “We talk a lot about this. If they are targeted because of a gang, it can be difficult to show it was caused by their membership in a particular social group.”

Jenna Gilbert, managing attorney for Human Rights First in Los Angeles, said it is clear the asylum law does not protect people fleeing “generalized violence.” A claim “needs to be tied to the one of the protected categories,” she said. “The cases are very fact-dependent.”

But the odds of winning asylum are not good for Central Americans. In the last five years, China had the largest number of asylum seekers in the U.S. immigration courts, and only 20% of their claims were denied. Ethiopians did even better, with only 17% denied. By contrast, the highest denial rates arose from claims brought by natives of Jamaica (91%), the Philippines (90%), Mexico (88%), El Salvador (79%), Honduras (78%) and Guatemala (75%).

Andrew Arthur, a former immigration judge who works at the Center for Immigration Studies, which favors stricter enforcement, said it is not surprising that Sessions will reconsider rulings on asylum in cases of domestic violence. “Right now, the law is very unclear. The phrase ‘particular social group’ is vague. A lot of these claims are compelling, but that doesn’t mean it is ‘persecution’ under the law. If a gang wants to recruit me, that’s not persecution.”

Last month, Sessions criticized a caravan of Central American asylum seekers approaching the border as a “deliberate attempt to undermine our laws and overwhelm our system. There is no right to demand entry without justification. Smugglers and traffickers and those who lie or commit fraud will be prosecuted to the fullest extent of the law.”

People who present an asylum claim at the border must only show they have a “credible fear” of persecution if they were to return home. Most asylum seekers are allowed to stay and make their claim.

Sessions said he would send more prosecutors and judges to the border area to resolve these claims quickly, rather than let them linger for many months or years.

Meanwhile, lawyers are also rushing to represent the asylum seekers. “Unfortunately, the Trump administration has waged a yearlong campaign to undermine asylum seekers and demonize those who only wish to live in safety with the families,” said Gilbert of Human Rights First. “We’re proud to assist these individuals who are fleeing unspeakable horror as they try to rebuild their lives.”

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It’s really not that complex.

Under the BIA’s seminal precedent decision in Matter of Acosta, 19 I&N Dec. 285 (BIA 1985) resisting gang recruitment is undoubtedly a characteristic that is “fundamental to identity” therefore making an individual a member of a “particular social group” (“PSG”) for asylum purposes.
- Undoubtedly, this conduct is threatening to a gang’s existence and power and is “at least one central reason” why forced recruitment and other forms of harm are used, among other things, to overcome this fundamental characteristic of the PSG.
- Therefore, the vast majority of those fleeing the Northern Triangle over the years because of various forms of resistance to gangs should have qualified for asylum under the Acosta test.
- However granting most of these cases might have been perceived as “opening the floodgates” and therefore career threatening to the BIA.
Following the “Ashcroft Purge,” which removed almost all of the Appellate Judges on the BIA who consistently stood up for the rights of migrants and asylum seekers, the BIA came up with bogus requirements of “particularity” and “social visibility/social distinction” to facilitate the denial of most asylum grants to individuals from the Northern Triangle.
- To do this, the BIA actually had to intentionally and disingenuously misapply criteria developed by the UNHCR to expand the protection available on the basis of a particular social group to instead restrict the group entitled to protection.
  - With the “due process” group of judges removed by Ashcroft, the BIA was able to get away with this with no visible internal resistance.
However even under the BIA’s new “bogus test” almost all experts agree that individuals resisting gang recruitment in countries where “go along to get along (and live)” is the norm would be both a well-defined “particularized” group and highly “socially distinct.”
- Consequently, the BIA and a number of anti-asylum Immigration Judges simply resorted to intentionally misconstruing country conditions and making biased “no nexus” findings or largely bogus “adverse credibility rulings” to keep the Northern Triangle grant rate unrealistically low.
- A great way to maximize denials is to hold individuals in detention or game the system so that they can’t obtain competent representation and/or “fail to appear” in Immigration Court thereby denying them the relief that the likely could win in a truly fair, unbiased system.
- Remarkably, the article quotes a source who espouses one of the many DHS “enforcement myths” — that forced recruitment can’t be a basis for asylum.
  - This is nonsense. Even under BIA’s intentionally restrictive precedents, the factual reasons why the respondent is being recruited (“nexus”) are important.
  - But, as a practical matter, no detained, unrepresented applicant has any realistic chance of understanding the law and developing the factual record necessary to support relief.
Also, in the Northern Triangle gangs have infiltrated the system to the extent that it is almost impossible to separate “political motives” from supposedly “criminal ones/”
- Individuals are forcibly recruited as punishment for a variety of reasons including family membership, having been witnesses against gangs, actual or imputed political opinion, and actual or imputed religious views.
- With competent lawyers, time to prepare, and an attentive Court of Appeals, most credible gang-related cases should qualify for asylum.
  - Without lawyers or the chance to develop and document a case, the chances for success are almost nil.
Even though the system is already heavily rigged against bona fide asylum applicants from the Northern Triangle, Attorney General Jeff Sessions has made it clear that he intends to further misconstrue the law to make it virtually impossible for refugees fleeing the Northern Triangle to qualify for asylum
Given the total corruption of the governments in the Northern Triangle and the serious infiltration by gangs, a fair process should result in a “blanket precedent” that would give almost everyone credibly fleeing gang threats in the Norther Triangle at least “temporary withholding of removal” under the Convention Against Torture (“CAT”).
No, the problem is not just that different Immigration Judges have different opinions. It’s that both the composition of the Immigration Court and the administrative case-law have been consciously “rigged” to deny those seeking protection from the Northern Triangle the protection to which they should be entitled under both U.S. and international law.
- Yes, I of all people certainly agree that judges can and should have differing views and philosophies,
- But, at some point, “differences” become “biases.”
- There is no way that those judges whose grant rates are below 10% can actually be applying asylum law in the generous manner set forth by the Supreme Court in Cardoza-Fonseca or the BIA itself in Matter of Mogharrabi.
- Nor are they properly applying the “benefit of the doubt” as it’s supposed to be given according to the UNHCR in systems based on the 1952 Geneva Convention on Refugees.
- No, I wouldn’t “fire” any current Immigration Judges (although I might over time make everyone re-compete for their jobs in a true merit-based selection system). But we do need:
  - An independent Article I U.S. Immigration Court, free from the pernicious political influence that the DOJ has been applying for many years.
  - A real merit selection system for future Immigration Judges that emphasizes expertise in immigration and asylum law and proven ability to deal fairly, effectively, and objectively with the public and which utilizes panels with some members from outside the Federal Government who practice before the Immigration Courts.
  - An Appellate Division that functions like a true independent Appellate Court, with a diverse membership, that will rein in those judges who are biased against asylum seekers and not applying Cardoza-Fonseca.
  - As I’ve pointed out before, things simply can’t happen under the highly biased, xenophobic Jeff Sessions. He is the “perfect storm” of why the Immigration Judiciary must be removed from the DOJ.
- As a historical aside, an unfortunate harbinger of things to come, the BIA actually misapplied their own “immutability/fundamental to identity” test to the facts in Acosta!
  - Of course “taxi drivers in San Salvador” were a PSG! Ask any New Yorker whether being a taxi driver is “fundamental to identity!”
  - Occupational identification, at all levels of society, is one of the most powerful indicators of self-identity and one that we seldom ask individuals to involuntarily change. Think that “truck drivers” aren’t a “PSG?” Just walk into the next Pilot Truck Stop you see on the Interstate in your little black judicial robe and shout that next to the Drivers” Lounge or rest rooms. I think you would find some “strong dissenters.”
  - Or how about going before a group of judges and telling them that being a judge isn’t “fundamental to identity!” I remember when a somewhat “tone-deaf” (but in retrospect, perhaps clairvoyant) invited speaker at one of our past Annual Immigration Judges’ Conferences referred to us as “just highly paid immigration inspectors working for the Attorney General.” He barely got out alive!
  - The BIA ruling in Acosta was “doubly absurd” in the context of 1985. The U.S. was then actively engaged in supporting the Government of El Salvador against the guerrillas. The BIA suggested that the taxi drivers in San Salvador could merely quit their jobs en masse or participate in the guerrillas taxi strike called by the guerrillas. Both of which would have crippled the country of El Salvador and seriously undermined the government we were supporting!
  - In short, the BIA has a long ugly history of twisting the law and the facts against legitimate asylum seekers, particularly those from Latin America.
    - Jeff Sessions, well-known for his long history of xenophobia, racially charged attitudes and actions, and bias against nearly every non-White-male-straight-right-wing-Christian social group in America is on the cusp of making things even worse for vulnerable refugees entitled to our protection by abusing his power as AG and stripping the hard earned asylum rights from abused women — who had to labor through 15 years of wrong BIA decisions, outrageous political maneuvering at the DOJ, and task avoidance at the BIA to win their hard-earned rights in A-R-C-G- in the first place!
    - Only cowards pick on the vulnerable and the dispossessed!

Eventually, long after I’m gone, I’m sure the “truth will out.” However, that will be little help to those currently being railroaded through the travesty that passes for justice in today’s U.S. Immigration Courts or those who have been denied justice in the past.

PWS

05-06-18

BABY DONNIE THROWS TANTRUM, THREATENS TO DECLARE WAR ON AMERICA IF HE DOESN’T GET HIS WALL!

https://www.cnn.com/2018/05/05/politics/donald-trump-border-wall-close-country-remark/index.html

Elizabeth Landers reports for CNN:

(CNN)President Donald Trump seemed to float a new idea about border control during a tax reform roundtable in Ohio.

The President was in the midst of criticizing Democrats during a riff about border security when he slipped in the idea that people might “have to think about closing up the country.”

“They don’t want the wall, but we’re going to get the wall, even if we have to think about closing up the country for a while,” Trump said. “We’re going to get the wall. We have no choice. We have absolutely no choice. And we’re going to get tremendous security in our country.”

Trump then mentioned the notion a second time, saying, “And we may have to close up our country to get this straight, because we either have a country or we don’t. And you can’t allow people to pour into our country the way they’re doing.”

It was not immediately clear what Trump meant by the remarks. CNN has reached out to the White House for comment.

Democratic Rep. Pramila Jayapal of Washington said Saturday in an interview with CNN’s Ana Cabrera that Trump “is absolutely out of his mind to think that is any kind of a reasonable solution for our economy or compassionate or in line with our values.”

“This President has done everything he can every time he’s in trouble to turn around and try to turn it against immigrants, and it really deeply saddens me,” Jayapal said.

. . .

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

Read the full article at the link.

Ironically, building the wall would do nothing to stop individuals from appearing at U.S. ports of entry and applying for asylum as they are completely entitled to do under both U.S. law and international conventions to which we are party. Indeed, that’s what almost all the remaining members of the “intentionally overhyped by Trump Caravan” did. Moreover the wall is unlikely to stop professional smugglers who can easily outsmart any physical barriers. At best, it might further enrich smugglers and kill more migrants by allowing smugglers to charge more money for more dangerous crossings.

On the other hand, a robust system for granting refugee status in the Northern Triangle and a fairer and more efficient asylum system for those who apply at the port of entry would almost certainly reduce the number of unlawful border crossings, while saving lives, and allowing the Border Patrol to allocate resources more toward drug smuggling and others who might actually threaten the security of the U.S. And a larger, more robust, and more realistic legal work visa program would also dramatically decrease unlawful border crossings.

PWS

)5-06-18

READ MY SPEECH TO THE ABA COMMISSION ON IMMIGRATION: “CARICATURE OF JUSTICE: Stop The Attack On Due Process, Fundamental Fairness, and Human Decency In Our Captive, Dysfunctional U.S. Immigration Courts!”

CARICATURE OF JUSTICE:

Stop The Attack On Due Process, Fundamental Fairness, and Human Decency In Our Captive, Dysfunctional U.S. Immigration Courts

ABA COMMISISON ON IMMIGRATION

WASHINGTON, D.C.

MAY 4, 2018

Thank you, Madam Moderator. I am pleased to be on this distinguished panel. And, I am particularly delighted that EOIR Director James McHenry has joined us.

Clearly, this isn’t about Director McHenry, who by my calculations was still in law school when the wheels began coming off the EOIR wagon. Also, as a former Senior Executive in past Administrations of both parties, I’m familiar with being sent out to “defend the party line” which sometimes proved to be “mission impossible.”

For me, no more disclaimers, no more bureaucratic BS, no more sugar coating, no more “party lines.” I’m going to “tell it like it is” and what you need to do to reestablish Due Processand fundamental fairnessas the only acceptable missionof the United States Immigration Courts.

It’s still early in the morning, but as Toby Keith would say, “It’s me, baby, with your wakeup call!”

Nobody, not even Director McHenry, can fix thissystem while it remains under the control of the DOJ. The support, meaningful participation, and ideas of the judges and staff who work within it and the public,particularly the migrants and their lawyers, who rely on it, is absolutely essential.

But, the current powers that be at the DOJ have effectively excludedthe real stakeholdersfrom the process. Worse,they have blamed the victims,you, the stakeholders, for the very problems created by political meddling at the DOJ. We’re on a path “designed and destined for failure.”

The decline of the Due Process mission at EOIR spans several Administrations. But, recently, it has accelerated into freefallas the backlog largely created by “Aimless Docket Reshuffling” (“ADR”) by political officials at the DOJ over the past several Administrations and chronic understaffing have stripped U.S. Immigration Judges of all effective control over their dockets, made them appear feckless, and undermined public confidence in the fairness, independence, and commitment to individual Due Process of our Immigration Courts.

The Due Process Clause of the Fifth Amendment is there for one, and only one reason. To protect all individuals in the United States, not just citizens, from abuses by the Federal Government. In simple terms, it protects individuals appearing in Immigration Court from overstepping and overzealous enforcement actions by the DHS. It is notthere to insure either maximum removals by the DHS or satisfaction of all DHS enforcement goals.

Nor is it there to “send messages” – other than the message that individuals arriving in the United States regardless of statuswill be treated fairly and humanely. It serves solely to protect the rights of the individual, and definitelynotto fulfill the political agenda of any particular Administration.

The “EOIR vision” which a group of us in Senior Management developed under the late Director Kevin Rooney was to “be the world’s best administrative tribunals guaranteeing fairness and due process for all.” Sadly, that noble vision is now dead and buried.

In fact, when I mentioned it to a recently hired EOIR attorney just prior to my retirement in 2016, she looked at me as if I were from outer space. Indeed, nobody in his or her right mind would seriously suggestthat today’s Immigration Courts are on track to meet that vision or that it motivates the actions of today’s DOJ.

No, instead, the Department of Justice’s ever-changing priorities, Aimless Docket Reshuffling, and morbid fascinationwith increased immigration detention as a means of deterrence have turned our Immigration Court system back into a tool of DHS enforcement. Obviously, it is long past time for an independentU.S. Immigration Court to be established outside the Executive Branch.

I work with a group of retired colleagues on various Amicus Briefs trying to defend and restore the concept of Due Process in Immigration Court. I doubt that it’s what any of us thought we’d be doing in retirement. As one of those colleagues recently said, it’s truly heartbreaking for those of us who devoted large segments of our professional lives to improving Due Process and fairness in the Immigration Courts to see what has become of those concepts and how they are being mocked and trashed on a daily basis in our Immigration Court system.

Those of us watching from retirement treat each day’s EOIR news with a mixture of disbelief, disappointment, anger, and total outrage. But, it drives and inspires us to actionto halt and reverse the travesty of justice now taking place in our US Immigration Courts.

I am one of the very few living participants in the 1983 creation of EOIR when it was spun off from the “legacy INS” to create judicial independence and better court administration during the Reagan Administration.

And, I can assure you that the Reagan Administration was not filled with “knee jerk liberal.” No, those were tough, but fair minded and practical, law enforcement officials. The other “survivors” who come to mind are former Director and BIA Judge Tony Moscato and then Associate Attorney General Rudy Giuliani, whom I understand is “otherwise occupied” these days.

Sadly, although EOIR appeared to have prospered for a period of time after its creation, it has now regressedto essentially the same problematic state it was in prior to 1983: lack of actual and perceived judicial independence; a weak appellate board that fails to function as an independent judiciary promoting due process; an unwieldy structure, poor administrative support, and outdated technology; a glacial one-sided judicial selection process that effectively has eliminated private sector attorneys with actual experience in representing immigrants and asylum applicants in court from the 21^stCentury Immigration Judiciary; and an overwhelming backlog with no end in sight.

Only now, the backlog is multiples of what it was back in 1983, nearing an astounding 700,000 cases! And additional problemshave arisen, including grotesque overuse of detention courts in obscure, inappropriate locations to discourage representation and inhibit individuals from fully exercising their legal rights; a lack of pro bono and low bono attorney resources; and new unprecedented levelsof open disdain and disrespect by Administration officials outside EOIR, at the DOJ, for the two groups that are keeping Due Process afloat in the Immigration Courts: private attorneys, particularly those of you who are pro bono and low bono attorneys representing vulnerable asylum applicants and the Immigration Judgesthemselves, who are demeaned by arrogant, ignorant officials in the DOJ who couldn’t do an Immigration Judge’s job if their lives depended on it.

But, wait, and I can’t make this stuff up, folks, it gets even worse! According to recent news reports, the DOJ is actually looking for ways to artificially “jack up” the backlog to over 1,000,000 cases – you heard me, one million cases– almost overnight. They can do this by taking cases that were properly “administratively closed” and removed from the Courts’ already overwhelmed “active dockets” and adding them to the backlog.

Administratively closed cases involve individuals who probably never should have been in proceedings in the first place – DACA recipients, TPS recipients, those waiting in line for U visa numbers, potential legal immigrants with applications pending at USCIS, and long-time law-abiding residents who work, pay taxes, are integrated into our communities, have family equities in the United States, and were therefore quite properly found to be low to non-existent “enforcement priorities” by the last Administration.

Some of you in the audience might be in one of these groups. They are your neighbors, friends, fellow-students, co-workers, fellow worshippers, employees, workmen, child care workers, and home care professionals., and other essential members of our local communities.

And you can bet, that rather than taking responsibility for this unnecessary cruelty, waste, fraud, and abuse of our court system, the DOJ will attempt to falsely shift blame to Immigration Judges and private attorneys like those of you in the audience who are engaged in the thankless job of defending migrants in the toxic atmosphere intentionally created by this Administration and its antics.

Expose this scam! Don’t let the DOJ get away with this type of dishonest and outrageous conduct aimed at destroying our Immigration Court system while disingenuously directing the blame elsewhere.

Basically, respondents’ attorneys and Immigration Judges have been reduced to the role of “legalgerbilson an ever faster moving treadmill” governed by the unrestrained whims and indefensible, inhumane “terror creating” so-called “strategies” of the DHS enforcement authorities. And, instead of supportingour Immigration Judges in their exercise of judicial independence and unbiased decision-making and nurturing and enhancing the role of the private attorneys, the DOJ, inexcusably, during this Administration has undercut them in every possible way.

For the last 16 years politicians of both parties have largely stood by and watched the unfolding Due Process disaster in the U.S. Immigration Courts without doing anything about it, and in some cases actually making it worse.

The notion that Immigration Court reform must be part of so-called “comprehensive immigration reform” is simply wrong. The Immigration Courts can and must be fixed sooner rather than later, regardless of what happens with overall immigration reform. It’s time to let your Senators and Representatives know that we need due process reforms in the Immigration Courts as one of our highest national priorities.

Folks, the U.S Immigration Court system is on the verge of collapse. And, there is every reason to believe that the misguided “enforce and detain to the max” policies being pursued by this Administration, at levels over which Director McHenry has no realistic control, will drive the Immigration Courts over the edge. When that happens, a large chunk of the entire American justice system and the due process guarantees that make American great and different from most of the rest of the world will go down with it.

Our Constitution and our protection laws, which adhere to international treaties that we have signed, are not“loopholes.” Treating migrants fairly, humanely, and in accordance with the rule of law does notshow “weakness.” It shows our strengthas a nation.

There is a bogus narrative being spread by this Administration that refugees who are fleeing for their lives from dangerous situations in the Northern Triangle, that we had a hand in creating, are mere “economic migrants” not deserving of our protection. Untrue!

Migrants should be given a reasonable chance to get lawyers; an opportunity to prepare, document, and present their cases in a non-coercive setting; access to a truly independent, unbiased judge who is committed to guaranteeing individual rights and the fair application of U.S. protection laws in the generous spirit of the Supreme Court’s decision in Cardoza-Fonsecaand the BIA’s oft cited but seldom followed precedent in Matter of Mogharrabi; and a fair decision, preferably in writing, without being placed under duress by unnecessary, wasteful, inhumane detention and separation of families. This Court System should not be run by a Cabinet Member who has already announced his predetermination of the preferred outcomes and his total disdain for migrants and their lawful representatives.

Once fully documented, many of these cases probably could be granted either as asylum cases or as withholding of removal cases under the CAT in short hearings or by stipulation if the law were applied in a fair and unbiased manner. Those who don’t qualify for protection after a fair and impartial adjudication, and a chance to appeal administratively and to the Article III Courts, can be returned under the law.

This Administration and particularly this DOJ depend on individuals notbeing competently represented and therefore not being able to assert their rights to either legal status or fair treatment. But, there are still real,truly independent Article III Courts out there that can intervene and put an end to this “deportation railroad” and its trampling on our Constitution, our laws, our values, and our dignity as human beings. For, friends, if we are unwilling to stand up against tyranny and protect the legal and Constitutional rights of the most vulnerable among us, like asylum seekers, then our ownrights and liberties as Americans mean nothing!

I urge each of youin this audience to join the “New Due Process Army” and stand upfor “truth, justice, and the American way” in our failing, misused, and politically abused United States Immigration Courts and to continue the fight, for years or decades if necessary, until this systemfinally is forced to deliveron its noble but unfulfilled promise of “being the world’s best tribunals, guaranteeing fairness and due process for all.” Harm to one is harm to all! Due process forever!

Thank you, Madam Moderator, I yield back my time.

(04-04-18)

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

ADMISSION: Notwithstanding the last sentence, I went “overtime,” so there actually was no time to “yield back.”

PWS

05-04-18

BOGUS BORDER CRISIS — How Trump, Sessions, & Nielsen Ignored Reality To Create Yet Another False Narrative To Support White Nationalist, Anti-Immigrant Agenda!

http://www.cnn.com/2018/05/03/politics/immigration-border-crossings-stabilize/index.html

Border crossings steady in April after March spike

By: Tal Kopan, CN

Illegal border crossings stabilized in April after jumping substantially in March, a sign that a surge at the southern border may not be imminent, according to newly released statistics from the Trump administration.

In April, there were 38,234 apprehensions at the southern border and 12,690 people deemed “inadmissible,” or who came to a port of entry without papers that authorized them to enter the US, virtually unchanged from the month before. The number of family units and children in both categories also held roughly steady from the previous month.

The news comes as the administration has claimed a “crisis” on the southern border, a narrative largely driven by the jump in March and the comparison to the numbers last spring, when crossings were at abnormally low levels.

Administration officials have also been decrying a so-called caravan of migrants — an annual pilgrimage of mostly women and children who say they are fleeing violence and abuse in their home countries — that has arrived at the border with Mexico. More than half of the roughly 150 migrants in that group have been processed by Customs and Border Protection for their claims of asylum. Those who meet the legal threshold will be allowed to pursue their claims in court cases that could take months or years. Those that don’t will be turned away from the US.

In the midst of the caravan’s trek and the release of the March statistics, President Donald Trump has ordered the National Guard to deploy troops to the border, with roughly 1,000 having been sent so far, and with the Justice Department announcing it will send more immigration judges and prosecutors to border districts, as well.

April’s figures indicate that although there was a sharp spike in March, border crossings remain in line with historic seasonal trends. Numbers are still consistent with Obama administration years — slightly below fiscal years 2013 and 2014 but slightly above 2015 and 2016.

The crossings in April of this year were more than triple April 2017, but that comparison is distorted, as crossings last April were at levels unseen in modern history, before they started to pick up and stabilize more in line with recent years.

Crossings have been trending downward for decades and are at historic lows, prompting Homeland Security to declare last fall that the border is the most secure it has ever been.

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

Lies and false narratives are a key part of the White Nationalist agenda. Kind of like the modern version of the infamous “Reichstag Fire” that Hitler used to rally nationalist sentiment and seize power. Nice folks!

PWS

05-04-18

JRUBE @ WASHPOST: PENCE SHOWS TRUE COLORS — EMBRACES CONVICTED FELON “RACIST JOE!”

https://www.washingtonpost.com/blogs/right-turn/wp/2018/05/03/this-is-why-pences-sickening-embrace-of-arpaio-is-so-important/?noredirect=on&utm_term=.ea87af55f5bd

Rubin writes:

Vice President Pence’s recent welcome for the convicted and pardoned former sheriff Joe Arpaio, now a Senate candidate, was a new low in the sorry tale of Pence’s self-debasement. He declared at an event for America First Policies (more about that outfit in a moment): “A great friend of this president. A tireless champion of strong borders and the rule of law.” Pence gushed, “He spent a lifetime in law enforcement — Sheriff Joe Arpaio, I’m honored to have you here.”

Authors of an amicus brief challenging Arpaio’s pardon wrote for The Post:

For more than 20 years, Arpaio ran the Maricopa County Sheriff’s Office with shocking cruelty and lawlessness, especially against Latinos. In 2011, a federal judge issued an injunction in a lawsuit challenging the practice of detaining and searching people for, in essence, driving while Latino. The judge found evidence that the sheriff’s office engaged in racial profiling and stopped Latinos just to determine their immigration status. He ordered it to cease detaining people without reasonable suspicion of a crime.

Arpaio flagrantly ignored the injunction, and in May 2016, the judge found him to be in civil contempt of court. In July, a second federal judge found him in criminal contempt, which can be punished by imprisonment.

Pence’s groveling before a Trump favorite — a man who personifies abuse of power, racial bigotry and rank dishonesty (Arpaio, for example, remains a birther) — provoked irate reactions from liberals and conservatives. But his eager-beaver praise of Arpaio is par for the course for Pence, whose slobbering over Trump at a Cabinet meeting last December brought on guffaws. (“I’m deeply humbled, as your Vice President, to be able to be here. Because of your leadership, Mr. President, and because of the strong support of the leadership in the Congress of the United States, you’re delivering on that middle-class miracle. . . . I’ll end where I began and just tell you, I want to thank you, Mr. President. I want to thank you for speaking on behalf of and fighting every day for the forgotten men and women of America. Because of your determination, because of your leadership, the forgotten men and women of America are forgotten no more. And we are making America great again.”) A grown man who would travel to a football game, only to walk act so as to highlight his boss’s vendetta against protesting African American football players, is not someone who is concerned about eroding his own dignity.

. . . .

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

Read the full article at the link.

Disgusting as Trump is, Pence is even worse. In a totally perverse way, Trump “is what he is” — a lifelong professional flimflam man.

Pence, by contrast, is a sycophant, a racist, a bigot, and person just as devoid of any discernible human values as Trump, while spouting a revolting bogus Christianity that Jesus would never recognize. Even worse, Pence actually appears to believe in his disgusting “holier than thou” charade.

Trump by contrast is the total con man. He believes in nothing and nobody except his own ego, the stupidity of his supporters and enablers, and the weakness and ineptness of the rest of us who somehow have allowed him to take and maintain power from a minority position.

Either Trump or Pence could well engineer the end of our American Republic or even Western Civilization. But, if we’re going to go down, I’d actually prefer it be at the hands of “straight up liar and con man” rather than a “false prophet.”

In the end, Mike Pence might be Trump’s best insurance policy against impeachment!

PWS

05-04-18

RESTRICTIONIST IMMIGRATION POLICIES HIT LOCAL CRAB INDUSTRIES!

Crab crisis: Md. seafood industry loses 40 percent of workforce in visa lottery

Celia Serna, a guest worker at the J.M. Clayton processing plant in Cambridge, Md., picks crabs. (Lloyd Fox/Baltimore Sun)

By , Scott Dance May 3 at 6:35 PM

Maryland’s seafood industry is in crisis: Nearly half of the Eastern Shore’s crab houses have no workers to pick the meat sold in restaurants and supermarkets.

They failed to get visas for their mostly Mexican workforce, including many women who have been coming north to Maryland for crab season for as long as two decades. The Trump administration for the first time awarded them this year in a lottery, instead of on a first-come, first-served basis.

“This is going to cause the price of crabmeat to go out of sight,” said Harry Phillips, owner of Russell Hall Seafood on Hooper’s Island. “There’s not going to be hardly any Maryland crabmeat. . . . It looks like it’s a matter of time before they’re going to shut all of us down.”

Visa shortages have been a perennial issue for the crab industry since the last generations of Eastern Shore women who once picked crabmeat aged out of the tedious seasonal work. In the 1980s, crab houses started bringing workers from Mexico through a program that lets them live and work in the United States during the warmer months and then return to Mexico in the winter, when watermen are prohibited from crabbing.

But crab house owners say these are the most dire circumstances they have faced. They hope federal immigration officials issue more visas in response to skyrocketing demand for seasonal foreign workers. But if they have to compete in another lottery, they say, they worry there won’t be enough workers to fill their facilities.

“Companies that have been relying on this system for 25 years suddenly have no workers,” said Bill Sieling, director of the Chesapeake Bay Seafood Industries Association. “It’s totally unfair and irrational, really.”

The crisis is hitting just as crab season begins. Watermen were allowed to start dropping crab pots into the Chesapeake and its tributaries on April 1, but with cold weather through the month, crabs were slow to emerge from hibernation.

As temperatures rise, this year’s crop of crustaceans is now emerging.

It’s unclear whether or how quickly the problem could be resolved or what effect it could have on crab prices this year. Many of the crabs sold in Maryland come from the Carolinas and Louisiana, and some meat comes from Asia and Venezuela. But a premium is placed on local meat, with a state program called True Blue to identify and market Maryland crabs.

Crab processors theorized that a drastically reduced supply from a shortage of workers could send the price of picked meat skyrocketing. But it could lower the price of steamed crabs, flooding the market with many of the female and undersize crabs that would otherwise get picked.

“We need these processing plants to keep the market running smooth,” said Bryan Hall of G.W. Hall and Sons on Hooper’s Island.

G.W. Hall was able to get the 30 visas it applied for, but Hall says he doesn’t feel fortunate.

“I got them, but I don’t feel right having them,” he said. “It’s not right for me to have them and my fellow people who I deal with not to have them. They depend on them just as much as I do, and they’ve got families to feed just as much as I do.”

Maryland’s 20 licensed crab processors typically employ some 500 foreign workers each season, from April to November, through the H-2B visa program, Sieling said. The visas are for seasonal workers in nonagricultural jobs. Pickers are paid by the pound of meat they produce, and the most productive ones make up to $500 a week.

“Nobody wants to do manual labor anymore,” Sieling said. “It’s just a very, very tight labor market right now, particularly in industries that are seasonal.”

But in February, Sieling said, applications for about 200 of those visas were denied. That leaves women used to making an annual pilgrimage to Maryland stuck at home, with limited options to feed their families.

“Our families depend on us, and going to the United States is the best option because here in Mexico it is very difficult to find a job, and apart from that, you face the risk of so much crime,” Anayeni Chavarria Ponce, a crab picker from the Mexican state of Hidalgo, said via text message in Spanish. “Not to mention you can’t reach a salary even to buy the basics.”

Federal labor officials said there was “unprecedented” demand for H-2B visas in January. They received applications for 81,000 foreign workers when only 33,000 visas were available for work from April through September. The visas have become increasingly desirable over the past five years as overall U.S. unemployment falls.

In the second part of a two-step visa application process, U.S. Citizenship and Immigration Services received applications to bring some 47,000 workers into the United States for that six-month period. Because there were so many requests, officials decided to award visas by lottery.

Congress included a provision in the $1.3 trillion spending plan it approved in March that authorizes federal immigration officials to issue more H-2B visas. The crab industry is expecting a lottery for 15,000 more to be announced sometime this month. But a spokesman for the federal immigration agency said he had no information about whether or how many new visas might be permitted.

Maryland Gov. Larry Hogan (R) requested that the federal government “take immediate action” to raise the visa cap in a recent letter to the secretaries of homeland security and labor.

“Many of these businesses operate in rural parts of our state and have relied on guest workers for decades,” he wrote. “They will be forced to shut their doors or start importing crab meat if this issue is not addressed immediately.”

The industry has been in a position of begging for mercy in the past, often to powerful former senator Barbara A. Mikulski. The senior Democrat intervened in the early 2000s when northern ski resorts and Florida landscapers were scooping up visas before Maryland crab houses had a chance to apply. She championed a change that divided the annual 66,000-visa allowance into two semiannual allotments.

Now, businesses are asking President Trump for help, in the hope that the guest worker program doesn’t get lost in the administration’s efforts to tighten immigration policies.

“This is not an immigration issue,” said Morgan Tolley, general manager of A.E. Phillips & Son on Hooper’s Island. “They come here, abide by rules, they pay their state and federal taxes, their social security taxes, and they send the majority of their money home to support their family. They are a very important part of our local economies.”

Tolley said he supports the president and trusts that he has businesses’ interests at heart, but Tolley is skeptical and disappointed with the administration’s changes to the visa program.

“I voted for Donald Trump, and I’d vote for President Trump again,” he said. “But I think in small rural towns in America, we’re getting the short end of the stick on labor.”

Waterside communities such as Hooper’s Island are left hoping this visa scare, like others, will pass — and not be the final blow to their industry.

“Nobody’s ever been closed down,” Harry Phillips said. “No doubt there’s been some threats and there’s been some times we’ve been a little late getting them. But we’ve always gotten them.”

— Baltimore Sun

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

Pretty depressing. Even when confronted with direct evidence of the stupidity of their own votes, and the irrationality of the Trump GOP’s bias and restrictionist positions on legal immigration, these folks are still in denial. Can’t connect the dots. I guess that’s how democracies disappear.

Maybe guys like Jeff Sessions and Tom Cotton will go out and do some ‘pickin for these employers. Who needs foreign workers? They take all these really great jobs that every American wants! Why, I’ll bet almost every kid over at TC Williams High here in Alexandria aspires to be a seasonal crab picker after graduation! And, the truth is that picking crabs is actually skilled work that arrogant, out of touch, White GOP politicos couldn’t actually do very well. Guys like Sessions & Cotton would last 10 minutes max on the line.

PWS

05–04-18

GONZO’S WORLD: NO PRETENSE OF DUE PROCESS! – US Immigration Judges and “Kangaroo Courts” Now Part Of Law Enforcement Message – No Justice, No Protection, No Rule Of Law – Just Removals & “Messages!”

Sessions sends new attorneys, judges to the border

By Tal Kopan, CNN

Attorney General Jeff Sessions on Wednesday announced further actions to keep the pressure on illegal immigration at the southwestern border, including more resources to prosecute cases.

Sessions said a total of 35 assistant US attorneys would be added in the five districts along the southern border to allow for more cases to be brought against illegal crossings and human smuggling, and 18 immigration judges would be tapped to hear cases in person and through video conferencing at border state immigration courts.

The moves follow a continued pledge by Sessions to take a hard line on illegal immigration and to try to move cases through the immigration courts more quickly, with the lengthy backlog in those courts blamed for allowing a number of undocumented immigrants to live for years in the US as they await final decisions on their fates.

The announcement also came as dozens of migrants looking to call attention to their plight in Central America have reached the US border, where they are slowly being allowed across to be processed for their asylum claims. The so-called caravan, a yearly event, has become a flashpoint in the immigration debate, especially since it caught the attention of President Donald Trump. Supporters say it exposes the need for asylum laws that offer protections to people fleeing dangerous and deadly persecution in their home countries, but the administration has used the situation to call for tougher laws, claiming migrants coming north are exploiting the US system.

Read more: http://www.cnn.com/2018/05/02/politics/immigration-southern-border-jeff-sessions/index.htm

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

Sessions willfully misrepresents the truth: 1) there, of course, is no “legal line” for these folks to get in; 2) someone fleeing for his or her life can’t get in line anyway; 3) this Administration dismantled the only “in country” refugee processing program in the Northern Triangle.

Hopefully, at some point the Article III Courts will do their job, step in, and put an end to this caricature of justice.

Folks should be given a reasonable chance to get lawyers, an opportunity to prepare, document, and present their cases in a non-coercive setting, access to a truly independent, unbiased judge who is committed to guaranteeing individual rights and the fair application of U.S. protection laws, and a fair decision without being placed under duress by unnecessary detention and separation of families. The Court System should not be run by an individual like Sessions who has already announced his predetermination of the preferred outcomes.

Given the situation in the Northern Triangle that is driving these individuals to seek refuge, we should 1) reestablish a robust in country refugee processing system for the Northern Triangle; and 2) work with the UNHCR and other stable countries in the Western Hemisphere to equitably distribute those who can’t return to the Northern Triangle.

PWS

05-03-18

SARAH MACARAEG @ THE GUARDIAN: U.S. BORDER PATROL HAS KILLED 97 CIVILIANS (INCLUDING SOME US CITIZENS) SINCE 2003!

https://www.theguardian.com/us-news/2018/may/02/fatal-encounters-97-deaths-point-to-pattern-of-border-agent-violence-across-america

SARAH MACARAEG WRITES IN THE GUARDIAN:

For six long years the family of Jose Antonio Elena Rodriguez have been caught in a legal saga seeking justice for the 16-year-old who was killed by a US border patrol agent who fired 16 times from Arizona into Mexico.

Ending criminal proceedings that have dragged on since 2012, a jury last week cleared agent Lonnie Swartz of second-degree murder and could not agree on a verdict for two lesser charges of manslaughter. The shooting has compelled judges up to the US supreme court to deliberate whether the American government can be sued in civil court for wrongful deaths on Mexican soil – placing the incident, and eight other cross-border fatal shootings, at the center of scrutiny surrounding the use of force by agents in response to allegedly thrown rocks.

However, lesser known are similar shootings which have occurred inside the US. Such as that of Francisco Javier Dominguez Rivera, who was shot and killed “execution-style”, in the language of a wrongful death complaint the government paid $850,000 to settle. An Arizona agent responding to an alert from the National Guard in 2007 alleged Rivera threatened him with a rock.

Ten years later, the Department of Justice settled another wrongful death claim involving a rock-throwing allegation in California for $500,000.

The shootings are only part of a larger litany of Customs and Border Protection agency-related violence inside the US. Encounters have proven deadly for at least 97 people – citizens and non-citizens – since 2003, a count drawn from settlement payment data, court records, use of force logs, incident reports and news articles.

From Maine to Washington state and California to Florida, the deaths stem from all manner of CBP activity. Border agents manning land crossings and a checkpoint have used deadly force, as have agents conducting roving patrols – up to 160 miles inland from the border.

Quick guide

The US border patrol force

Pedestrians were run over by agents. Car chases culminated in crashes. Some have drowned, others died after they were pepper-sprayed, stunned with tasers or beaten.

But the majority of victims died from bullet wounds, including shots in the back. The bullets were fired not only by agents conducting border enforcement operations, but also those acting in a local law enforcement capacity and by agents off-duty, who’ve shot burglary suspects, intimate partners and friends.

Among the incidents, one agent also died following an exchange of gunfire with a family member who was found dead. Another agent was killed by friendly fire. Border agents sustained non-deadly shots in two incidents.

The picture compiled from official documents and news reports is incomplete, but indicates that at least 28 people who died were US citizens. Six children, between the ages of 12 and 16, were among the victims whose ages were disclosed.

The federal government has paid more than $9m to settle a fraction of the incidents thus far. A Customs and Border Protection spokesperson did not comment on those cases but pointed to the agency’s National Use of Force Review Board, which has investigated 30 significant incidents since June 2015. Each of its 17 reports made public have found the use of force to be compliant with agency policy in effect at the time. Local boards also review incidents, but only those that do not result in serious injury or death.

Here, the Guardian looks at eight fatal encounters with CBP agents that happened inside the United States and the larger patterns of incidents to which they relate.

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

Read the complete article at the link.

Of course, there are two sides to every story. Many of the incidents were found to have involved “justified use of force.” Others appeared to be tragic accidents.

Nevertheless, three things are clear from this account: 1) the Border Patrol needs more supervision and accountability for its actions; 2) that’s not going to happen under the “anything goes” attitude of the Trump Administration, any more than it did under the Bush or Obama Administrations, and 3) Congress has once again been AWOL on this issue.

PWS

05-02-18

HERE’S MY TESTIMONY BEFORE THE MONTGOMERY COUNTY (MD) COUNCIL ON A SPECIAL APPROPRIATION FOR REPRESENTING COUNTY RESIDENTS IN U.S. IMMIGRATION COURT!

Testimony for Montgomery County Council Hearing

May 1, 2018

Special Appropriation

Judge Paul W. Schmidt

Good evening, Council President, Vice Council President, Council Members,

For 21 years, I served as an Appellate Judge on the Board of Immigration Appeals, and a U.S. Immigration Judge at the Arlington Immigration Court. I was the Chair of the Appeals Board for six years. Though I am since retired, I follow with great interest and concern the immigration court’s troubling trajectory.

There is a real crisis in the immigration system today: the attack on Due Process in our U.S. Immigration Courts. This crisis has been many administrations in the making. However, the current administration has done more damage to Due Process more quickly than any prior administration. Its most recent insistence on quotas for immigration judges, the attempted dissolution of the Legal Orientation Program, combined with increased immigration enforcement, and inhumane detention policies, has eradicated any semblance of Due Process.

I applaud the Council for recognizing the need to ensure Due Process for its immigrant residents facing removal by funding deportation defense. I further urge you to make that deportation defense universalby providing legal representation to all Montgomery County residents facing removal regardless of any previous interactions with the criminal justice system.

All immigrants facing removal are entitled to Due Process. No person should be denied access to justice. The only way to ensure that an immigrant has Due Process in the current immigration system is by providing competent legal representation. Without an attorney, there is simply no other way an immigrant can navigate the extremely complex legal immigration system.

When an immigrant appears without an attorney, the Immigration Judge must rely on the attorney for the government; the person who is fighting to remove the immigrant from this country, to present the immigrant’s case. Despite a judge’s best efforts, it is simply not possible to ensure that the immigrant has had all of the relevant facts about his or her case presented and that all legal defenses to removal have been explored, explained, and understood. While some judges might like to believe that they are capable of ensuring that those appearing before them without counsel have the same chance of relief as those appearing with counsel, I know from my experience that this is simply not possible. I also know that my courtroom ran more efficiently when all parties were represented; frivolous arguments decreased, continuances decreased, and the number of appeals decreased as well. Simply put, a good judge knows that having competent counsel representing both parties yields a more efficient and just outcome.

Allow me to assure this council that, though representation by an attorney dramatically enhances any immigrant’s chance of success in immigration court, it by no means guarantees success. The immigration laws are sometimes rigid, by design. Relief is only available in those cases where the law explicitly permits it.

Moreover, serious criminal convictions often will exclude, by operation of law, even the most sympathetic petitioner from relief. In some instances, the presence of the conviction precludes relief altogether, in other cases, the judge must balance the equities, and for immigrants who have committed serious crimes, the equities usually weigh in favor of removal.

However, I maintain that all immigrants should have access to counsel, regardless of their history with the criminal justice system, because the only way an immigration judge can make a just, informed decision is if the immigrant facing removal has Due Process. And Due Process, particularly now, can only be guaranteed through the competent representation of an attorney.

I urge this council to leave to the immigration judges, a body expert in the immigration law, the task of determining what consequences a criminal conviction should have upon an immigrant’s ability to remain in the United States. Do not deny Due Process to any member of your community. Do not deny access to justice to immigrants facing removal, simply because of their criminal history. In doing so, you put the deserving and the underserving in the same category and risk denying relief to vulnerable, deserving members of your community.

The erstwhile vision of the Immigration Court, the vision which I helped develop in the late 1990s was for the court to “be the world’s best administrative tribunal[s] guaranteeing fairness and due process for all.” Instead, the Department of Justice’s ever-changing priorities and morbid fascination with increased detention as a means of deterrence have turned the Immigration Court system into a tool of enforcement.

I urge this council to vote in favor of the special appropriation and thank you for the opportunity to testify today.

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

My friend and pro bono superstar Claudia Cubas, Litigation Director of the Capital Area Immigrants Rights (“CAIR”) Coalition was the “lead witness” favoring the proposal. It was “democracy in action” as folks with strong views both ways on the issue appeared to express their views to their elected representatives. As it should be!

PWS

05-02-18

DACA MESS: GOP AGs FILE SUIT WITH “FRIENDLY” JUDGE TRYING TO FORCE SUPREME’S HAND ON DACA!

7 states sue to end DACA, potentially jumbling its legal future

By: Tal Kopan, CNN

The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.

The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.

The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.

It may also potentially seal the issue’s path to the Supreme Court.

Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama’s initial creation of DACA in 2012 violated the Constitution and federal law.

The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program’s expansion in that other lawsuit.

More: http://www.cnn.com/2018/05/01/politics/daca-lawsuit-challenge-texas/index.html

(Bonus link: https://www.cnn.com/2018/05/01/us/border-patrol-agent-less-dangerous-than-being-police-officer-invs/index.html )

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

The DACA kids aren’t going anywhere. It’s just a question of how much unnecessary pain and suffering can be inflicted on America’s future leaders and how much enmity from the growing Hispanic electorate Paxton and his White Nationalist cronies will create for the GOP. It figures to be lots.

Hopefully, enough to eventually lead to the GOP’s demise as a viable political force in US politics and the rise of a non-racist Conservative opposition party to take its place.

No, it’s not going to happen in my lifetime! But, hopefully in my kids or grandchildren’s. That’s really what the “New Due Process Army” is all about!

On the “bonus coverage,” it’s a shame that the false narratives about immigration and crime pushed by DHS and encouraged by the Trump Administration are eclipsing truth and understanding.

I’ll testify from my work representing and training Border Patrol Agents at the “Legacy INS” that it’s a difficult, dangerous, important, and thankless job. The vast majority of Border Patrol Agents perform it with courage, dedication, and professionalism. I had friends in the Patrol. Somewhere in the dusty recesses of the Schmidt attic among the remains of my Government career is a box of Border Patrol mementos and memorabilia.

Immigration law enforcement is also being hurt by the bogus White Nationalist “scare stories,” false crime narratives, and constant overt and covert messages of racism being delivered by Trump, Sessions, and their cronies. In the end their dishonest and distorted picture of immigrant communities, the asylum system, their denial of the contributions of all migrants, and their constant over hyping of the dangers of undocumented immigration (it’s been a net gain for the US, and would be an even greater net gain had we enacted a more rational and realistic legal immigration system) hurt everybody in the US, including law enforcement.

In this, as in most situations, a Government dedicated to truth rather than lies and exaggerations designed to divide our country and “fire up” a voter base would better serve the national interest and the interests of everyone concerned.

The Border Patrol’s mission can and should stand on its own merits. It doesn’t need inflated statistics and false narratives.

PWS

05-03-18

EUGENE ROBINSON @ WASHPOST – THE ST. LOUIS DOCKS AGAIN AT OUR SOUTHERN BORDER — TRUMP, SESSIONS & CO. WANT THE US TO FAIL THE MORAL TEST AGAIN – But, This Time It’s Anti-Hispanic Racism, Rather Than Anti-Semitism Behind Our Government’s Intentional Immorality — Trump & Sessions “are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.”

https://www.washingtonpost.com/opinions/the-immigrant-caravan-is-a-test-trump-wants-us-to-fail/2018/04/30/124b975c-4cb4-11e8-84a0-458a1aa9ac0a_story.html?noredirect=on&utm_term=.72fbc5bc8d11

The immigrant ‘caravan’ is a test. Trump wants us to fail.

By Eugene Robinson

The “caravan” of asylum-seeking migrants that has finally arrived at the U.S.-Mexico border is a test of American character and purpose — a test President Trump wants us to fail.

I put caravan in quotation marks because the group that reached Tijuana hardly qualifies for the term. Just a few dozen would-be entrants presented themselves at the Port of San Ysidro on Sunday — only to be told that U.S. immigration officials were too busy to attend to them. Another several hundred were reported to be in the general area, waiting their turn to attempt to cross the border.

Trump has spoken of these people as if they were some kind of rampaging horde. Attorney General Jeff Sessions has accused them of “a deliberate attempt to undermine our laws and overwhelm our system.” The truth is that this sort of thing happens every year: Would-be migrants seek safety in numbers as they make the long and perilous trek north through Mexico.

Sessions probably understands this context; Trump probably doesn’t. But I believe both are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.

While he and his administration were being appropriately roasted at the White House Correspondents’ Associationdinner on Saturday evening, Trump was at a rally in Michigan saying that our immigration laws are “corrupt . . . so corrupt” and that the motives of those who defend our nation’s traditional role as a haven for asylum seekers are political. “The Democrats actually feel, and they are probably right, that all of these people that are pouring across are going to vote for Democrats, they’re not going to vote for Republicans.”

They’re not going to vote for anybody, of course, since they’re not citizens. Truth doesn’t matter to Trump. But you knew that.

What seems to really drive the president crazy is that the United States remains a haven for those fleeing persecution. Trump laid out his complaint Saturday: “If a person puts their foot over the line, we have to take them into our country, we have to register them. We then have to ask them a couple of questions. Lawyers are telling them what to say. How unsafe they are. And once they say that, we have to let them go, to come back to court in like a year. Only one problem: They don’t come back, okay. That’s the end. Welcome to the United States.”

You will have noticed that missing from Trump’s rant is any sense of morality or mission.

There is a reason the law makes provision for those seeking asylum. In 1939, Congress rejected a bill that would have admitted 20,000 German Jewish children. Later that year, authorities refused to allow the St. Louis, a ship carrying about 900 German Jews, to dock in Miami; the Coast Guard sent out patrol boats to warn the ship away. The St. Louis was forced to return to Europe, and 254 of its passengers later perished during the Holocaust.

That shameful history led to changes in immigration policy that prohibit rejecting claims of asylum out of hand. The bar is high, but many of the Central American asylum seekers probably clear it.

In El Salvador, Honduras and Guatemala, the major threat comes from rampant gang violence. Boys are often offered a stark choice: Join a gang or be killed. Girls are threatened with rape. It is easy to say this is a problem local elected officials and police ought to solve, but government institutions are weak, and corruption is widespread. What choice does a family under imminent threat have but to flee? What would you do?

It is of course true that not every Central American who asks for asylum truly merits it. That’s why each case is examined and evaluated, with all the time needed to reach a proper determination — which is how the migrants now at the border must be handled, despite what Trump and Sessions might prefer.

To close our eyes and hearts to legitimate claims of persecution would be to repeat the shameful and tragic mistakes of the World War II era. If the subjects of Trump’s demagoguery were summarily denied entry, as he apparently would like, most would be forced to go home and some would be killed. That would be a terrible stain on the nation’s conscience.

I’m tempted to add that it would be a stain on Trump’s conscience as well, but it’s not clear that he has one.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

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

I remember walking through the “St. Louis Exhibit” at the Holocaust Museum (on an EOIR-sponsored tour, no less, for a long ago and far away Annual Judges Conference — my how official racism & xenophobia have changed things) and asking myself how we could have done that to our fellow human beings.

Then, we had a “special session” explaining the catastrophic failure and cowardice of the German Judiciary during the Nazi rise to power. Judge after judge “adhered to the rule of law” even when those laws unfairly disenfranchised Jews, deprived them of their properly and lawful occupations, and eventually sentenced them to mass death!

I’ve now come to the unhappy realization that the St. Louis might have represented the norm, rather than the exception, to the reality of American democracy and its serious anti-Semitic and racially biased undertones. And, the actions of the corrupt & cowardly German judges of that era are certainly what Trump, Sessions, and their cronies are referring to when they disingenuously pontificate about “the rule of law” and looking for judges, Government officials, and lawyers who are committed to applying it in a biased and one-sided fashion

It’s their rule of law, as they consistently misconstrue it to protect only their favored political and racial groups, and misuse it “punish enemies” and to carry our their increasingly racist, White Nationalist agenda.

And yet 40% of our fellow countrymen are enthusiastically supportive of this heinous agenda. What’s wrong with them? Why ask ourselves how Nazism could have overtaken Germany when we’re in the process of trying to repeat that sordid history here? It’s pretty easy to see Hitler rallies of the 1930s in the Trump rallies of today. The same vicious disregard of both the truth and humanity, scapegoating, and an attacks on the true rule of law and on those who stand up for democracy, all wrapped in an appeal to false religious nationalism!

We’re failing as a nation on both a moral and a legal basis. It remains to be seen whether the resistance to Trump, his supporters, and his enablers will be sufficient to preserve democracy and human decency in America.

PWS

05-01-18

CHILD ABUSE: COWARDLY ADMINISTRATION USES FALSE NARRATIVES & DISTORTED FACTS TO ATTACK PROTECTIONS FOR REFUGEE CHILDREN — Our National Morality & Human Decency In Free-fall Under Trump! — “It has been national law and policy that as adults we look out for children …. No longer.”

https://www.nytimes.com/2018/05/01/us/immigration-minors-children.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news

Eli Hager of The Marshall Project in the NY Times:

On April 4, the White House posted a fact sheet on its website warning that legal “loopholes” were allowing tens of thousands of immigrant children who entered the country on their own to remain in the United States.

The next day, another post went up: “Loopholes in Child Trafficking Laws Put Victims — and American Citizens — At Risk.”

And the same week, the Administration for Children and Families, a division of the Department of Health and Human Services not normally known for its politics, announced that it “joins the President in calling for Congress to close dangerous loopholes.”

Over the past month, the Trump administration has taken aim at a set of child protection laws created to protect young people who cross into the United States without a parent or guardian, perhaps aided by smugglers. The administration now sees some of these same youths as a threat, and is portraying the laws as “loopholes” that are preventing the quick deportation of teenagers involved in gangs.

The campaign is aimed at Capitol Hill, but the Trump administration is not waiting for legislation: In a series of at least a dozen moves across multiple federal agencies, it has begun to curtail legal protections for unaccompanied children who cross the border. Many of these safeguards were created by a 2008 law that provided protections for children who might otherwise be forced into labor or prostitution.

The young people affected by the administration’s measures have been fleeing deadly gang violence in Central America since 2014, when civil strife erupted in the region. They are a less politically shielded group of young people than the so-called “Dreamers,” most of whom came to this country as toddlers with their parents.

The new directives appear aimed at detaining more of these youths after their arrival and speeding deportation back to their home countries — where they may face violent reprisals from gangs or other forms of abuse.

“It has been national law and policy that as adults we look out for children,” said Eve Stotland, director of legal services for The Door, a youth advocacy organization in New York. “No longer.”

Endangered Central American Children

Among the many new directives, the State Department in November gave just 24 hours’ notice to endangered children in Guatemala, Honduras and El Salvador before canceling a program through which they could apply for asylum in the United States before getting to the border. About 2,700 of them who had already been approved and were awaiting travel arrangements were forced to stay behind in the troubled region.

The Department of Homeland Security, meanwhile, has sharply cut back on granting a special legal status for immigrant juveniles who have been abused, neglected or abandoned; the program dropped from a 78 percent approval rate in 2016 to 54 percent last year, according to statistics compiled by U.S. Citizenship and Immigration Services. In New York, Texas and elsewhere, the agency in recent months has also begun revoking this protection for children who had already won it, according to legal aid organizations in the states.

The Justice Department has also issued legal clarification for courts and prosecutors about revoking “unaccompanied child” status, which allows minors to have their cases heard in a non-adversarial setting rather than in immigration court with a prosecutor contesting them. (The White House has said that it intends to remove this protection altogether, but has not yet done so.)

And the Office of Refugee Resettlement, which provides social services to vulnerable immigrant youth, is now placing all children with any gang-related history in secure detention instead of foster care, whether or not they have ever been arrested or charged with a crime, according to an August memo to the President’s Domestic Policy Council.

“It’s law enforcement mission creep, and our office is ill-prepared for it,” said Robert Carey, who was director of the refugee agency under President Barack Obama.

A Focus on Gangs

The Trump administration has said that its actions are necessary to stem the tide of violent crime. It has focused on teenagers belonging to or associated with the Salvadoran-American street gang MS-13, which has been linked by the police since 2016 to at least 25 homicides on Long Island — a testing ground for many of the president’s new policies.

About 99 of the more than 475 people arrested in the New York City area during ICE raids for gang members had come to the U.S. as unaccompanied children, a representative for the agency said.

To fortify the “loophole” narrative, official announcements of these ICE actions often point out that a number of those arrested were in the process of applying for various forms of child protection.

Yet 30 of 35 teenagers rounded up during these ICE raids last year and who later filed a class-action lawsuit have subsequently been released because the gang allegations against them were thin, according to the ACLU. And the Sacramento Bee reported that a juvenile detention center in California recently cut back its contract with the federal government and complained that too many immigrant teens were being sent there with no evidence of gang affiliation.

The refugee agency acknowledged in its August memo to the White House that only 1.6 percent of all children in its care have any gang history.

“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.

“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.

. . . .

“**************************************

Read the complete article at the link.

Yes, folks, it’s way past time to use the correct term for the Trump Administration’s outrageous, and in many cases illegal, policies directed against primarily Hispanic migrant children: “Child Abuse!”

I met many of these kids and families coming through my court over the years. While there were a tiny number of “bad actors” (which the DHS did a good job of discovering) the vast, vast majority were nothing like what Trump, Sessions and others are describing. They actually much better represented “true American values,” courage, and the “American work ethic” than do Trump and his valueless cronies.

That’s right folks! OUR U.S. Government is using racist-inspired lies to conduct a war against Hispanic children and to illegally return many of them to deadly and life threatening situations! Bad things happen to nations that let bullies and cowards bully, demean, and harm children!

The Trump Administration’s abuse of migrant children and their legal and Constitutional rights could be taken right out of a State Department Country Report on human rights abuses in a Third World Dictatorship. Is this they way YOU want to be remembered by history?

No, Constitutional and statutory protections for children are NOT “loopholes.” What kind of human beings speak such trash? The Trump Administration’s response to the “rule of law” when, as is often the case, it doesn’t fit their White Nationalist agenda is always to tell lies, rail against it, and look for ways around it.

Stand up against the lawless behavior and immoral actions of Trump, Sessions, and the rest of their “hate crew!” Join the “New Due Process Army” and fight against the Trump Administration’s erosion of our national values, morality, and the true “rule of law” (which is there to protect migrants and the rest of us from abuse at the hands of our Government).

Harm to the most vulnerable among us is harm to all!

PWS

05-01-18

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Yes, folks, it’s way past time to use the correct term for the Trump Administration’s outrageous, and in many cases illegal, policies directed against primarily Hispanic migrant children: “Child Abuse!”

Harm to the most vulnerable among us is harm to all!

PWS

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