THE HILL: MOCKING OUR HISTORY: Trump’s Racist White Nationalist Refugee & Asylum Policies Run Counter To Everything America Stands For!

https://thehill.com/opinion/immigration/409132-bucking-history-trumps-asylum-policy-does-not-represent-america

Bucking history: Trump’s asylum policy does not represent America

Bucking history: Trump’s asylum policy does not represent America

Do we know who we are as a nation?

Nursing infants separated from their mothers. Children warehoused in cages, then moved to tent cities without parents. Thousands of youngsters unaccounted for after separation at the border. Officials fumble and point fingers trying to lay the blame elsewhere. America’s human and humane dimensions seem lost. Is this who we are as a nation?

Even before American independence, settlers in the New World frequently saw themselves as morally superior: residents of the “city on the hill” serving as a beacon to others. While this beacon sometimes dimmed, we usually regained our moral compass with the passage of time — and a period of historical reflection.

Refugees and asylum seekers proliferate in the world as we close our doors to them. What has been our historical record?

The persecution of Jews in Germany was well known before Europe exploded in war in 1939, even though the death camps had not been established. Just before combat began, thousands of Jewish parents were able to send their children to safety in Great Britain and Canada. The Czech Kindertransport alone saved 669 children. These acts of hospitality by other countries are now almost universally praised — in contrast to the nearly insurmountable barriers erected then by the U.S.

After World War II, America did resettle some hundreds of thousands of refugees collected in Europe’s Displaced Persons camps. We did so while trying to avert our eyes from refugee surges in Asia. After the 1956 Hungarian Uprising and the 1968 Czech revolt, we helped resettle many of those who fled their native land via West Germany.

Closer to home, as Castro’s grip on Cuba tightened, thousands of Cuban youngsters came to the U.S on the “Peter Pan” flights (1960–1962). They came without their parents, and with no assurance of being reunited with them. Our country was (and remains today) at odds with Cuba politically, yet we welcomed these children and integrated them into our society.

In the two decades following the Vietnam War we resettled over a million refugees from Vietnam, Laos and Cambodia. I know because I was in charge of elements of those programs, intermittently from 1975 to 1989.

The Vietnam programs had a separate category for unaccompanied minors. We worked closely with refugee camp administrators in countries of first asylum to afford these vulnerable children special protection in the refugee camps, and the potential for rapid resettlement in the U.S. and elsewhere. Yes, we were aware of, and dealt with, attempts at misrepresentation. And yes, we suspected that some refugee parents may have callously risked a child’s life to provide an “anchor” for the parent’s future migration. But the child was there.

When I was with the refugee programs in Malaysia and Thailand, my duties included urging the host countries to treat all asylum seekers humanely. In that we proudly led by example. U.S. policy then was dictated by the greater good of protecting minors who were at risk through no fault of their own. Now, decades later, many of those refugees who entered our country in poverty have become personally successful, greatly contributing to our country. They include doctors, teachers, senior military officers, scholars and job-creating entrepreneurs.

Today, on our southwest border, we are confronted by a similar challenge. Today our response is much different, and contrary to our basic values. Rather than offering asylum seekers a cloak of protection, our government seems to purposely make their lives as harsh as possible (and at great expense). Is separating families, caging children, and pressuring people to request removal who we are? Now the pretext of investigating the suitability of placing a minor in a relative’s home in the U.S. has become a vehicle for finding more deportees!

This is, alas, done to the cheers of a minority of people in America. Does it make our nation “great”?

Who are we as a nation anyway? Do we know?

Bruce A. Beardsley is a retired U.S. diplomat. During his 31 years in the Foreign Service, he oversaw what were then the U.S.’s largest refugee (in Thailand) and visa (in Mexico and the Philippines) operations.

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Do you want to leave an inspirational legacy to future generations of Americans? Then, rise up and vote the Kakistocracy, put in place by a minority of voters, out of office!

PWS

09-30-18

NIGHT MOVES: Immigrant Kids Rousted From Their Beds & Taken To The “New American Kiddie Gulag!”

https://www.nytimes.com/2018/09/30/us/migrant-children-tent-city-texas.html

Caitlin Dickerson reports for the NY Times:

Migrant Children Moved Under Cover of Darkness to a Texas Tent City

Image
Migrant children at a detention facility in Tornillo, Tex.CreditCreditMike Blake/Reuters

In shelters from Kansas to New York, hundreds of migrant children have been roused in the middle of the night in recent weeks and loaded onto buses with backpacks and snacks for a cross-country journey to their new home: a barren tent city on a sprawling patch of desert in West Texas.

Until now, most undocumented children being held by federal immigration authorities had been housed in private foster homes or shelters, sleeping two or three to a room. They received formal schooling and regular visits with legal representatives assigned to their immigration cases.

But in the rows of sand-colored tents in Tornillo, Tex., children in groups of 20, separated by gender, sleep lined up in bunks. There is no school: The children are given workbooks that they have no obligation to complete. Access to legal services is limited.

These midnight voyages are playing out across the country, as the federal government struggles to find room for more than 13,000 detained migrant children — the largest population ever — whose numbers have increased more than fivefold since last year.

The average length of time that migrant children spend in custody has nearly doubled over the same period, from 34 days to 59, according to the Department of Health and Human Services, which oversees their care.

To deal with the surging shelter populations, which have hovered near 90 percent of capacity since May, a mass reshuffling is underway and shows no signs of slowing. Hundreds of children are being shipped from shelters to West Texas each week, totaling more than 1,600 so far.

The camp in Tornillo operates like a small, pop-up city, about 35 miles southeast of El Paso on the Mexico border, complete with portable toilets. Air-conditioned tents that vary in size are used for housing, recreation and medical care. Originally opened in June for 30 days with a capacity of 400, it expanded in September to be able to house 3,800, and is now expected to remain open at least through the end of the year.

“It is common to use influx shelters as done on military bases in the past, and the intent is to use these temporary facilities only as long as needed,” said Evelyn Stauffer, a spokeswoman for the Health and Human Services Department.

Ms. Stauffer said the need for the tent city reflected serious problems in the immigration system.

“The number of families and unaccompanied alien children apprehended are a symptom of the larger problem, namely a broken immigration system,” Ms. Stauffer said. “Their ages and the hazardous journey they take make unaccompanied alien children vulnerable to human trafficking, exploitation and abuse. That is why H.H.S. joins the president in calling on Congress to reform this broken system.”

But the mass transfers are raising alarm among immigrant advocates, who were already concerned about the lengthy periods of time migrant children are spending in federal custody.

The roughly 100 shelters that have, until now, been the main location for housing detained migrant children are licensed and monitored by state child welfare authorities, who impose requirements on safety and education as well as staff hiring and training.

The tent city in Tornillo, on the other hand, is unregulated, except for guidelines created by the Department of Health and Human Services. For example, schooling is not required there, as it is in regular migrant children shelters.

Mark Greenberg, who oversaw the care of migrant children under President Barack Obama, helped to craft the emergency shelter guidelines. He said the agency tried “to the greatest extent possible” to ensure that conditions in facilities like the one at Tornillo would mirror those in regular shelters, “but there are some ways in which that’s difficult or impossible to do.”

Several shelter workers, who spoke on condition of anonymity for fear of being fired, described what they said has become standard practice for moving the children: In order to avoid escape attempts, the moves are carried out late at night because children will be less likely to try to run away. For the same reason, children are generally given little advance warning that they will be moved.

At one shelter in the Midwest whose occupants were among those recently transferred to Tornillo, about two dozen children were given just a few hours’ notice last week before they were loaded onto buses — any longer than that, according to one of the shelter workers, and the children may have panicked or tried to flee.

The children wore belts etched in pen with phone numbers for their emergency contacts. One young boy asked the shelter worker if he would be taken care of in Texas. The shelter worker replied that he would, and told him that by moving, he was making space for other children like him who were stuck at the border and needed a place to live.

Some staff members cried when they learned of the move, the shelter worker said, fearing what was in store for the children who had been in their care. Others tried to protest. But managers explained that tough choices had to be made to deal with the overflowing population.

The system for sheltering migrant children came under strain this summer, when the already large numbers were boosted by more than 2,500 young border crossers who were separated from their parents under the Trump administration’s zero-tolerance policy. But those children were only a fraction of the total number who are currently detained.

Most of the detained children crossed the border alone, without their parents. Some crossed illegally; others are seeking asylum.

Children who are deemed “unaccompanied minors,” either because they were separated from their parents or crossed the border alone, are held in federal custody until they can be matched with sponsors, usually relatives or family friends, who agree to house them while their immigration cases play out in the courts.

The move to Texas is meant to be temporary. Rather than send new arrivals there, the government is sending children who are likely to be released sooner, and will spend less time there—mainly older children, ages 13 to 17, who are considered close to being placed with sponsors. Still, because sponsorship placements are often protracted, immigrant advocates said there was a possibility that many of the children could be living in the tent city for months.

“Obviously we have concerns about kids falling through the cracks, not getting sufficient attention if they need attention, not getting the emotional or mental health care that they need,” said Leah Chavla, a lawyer with the Women’s Refugee Commission, an advocacy group.

“This cannot be the right solution,” Ms. Chavla said. “We need to focus on making sure that kids can get placed with sponsors and get out of custody.”

The number of detained migrant children has spiked even though monthly border crossings have remained relatively unchanged, in part because harsh rhetoric and policies introduced by the Trump administration have made it harder to place children with sponsors.

Traditionally, most sponsors have been undocumented immigrants themselves, and have feared jeopardizing their own ability to remain in the country by stepping forward to claim a child. The risk increased in June, when federal authorities announced that potential sponsors and other adult members of their households would have to submit fingerprints, and that the data would be shared with immigration authorities.

Last week, Matthew Albence, a senior official with Immigration and Customs Enforcement, testified before Congress that the agency had arrested dozens of people who applied to sponsor unaccompanied minors. The agency later confirmed that 70 percent of those arrested did not have prior criminal records.

“Close to 80 percent of the individuals that are either sponsors or household members of sponsors are here in the country illegally, and a large chunk of those are criminal aliens. So we are continuing to pursue those individuals,” Mr. Albence said.

Seeking to process the children more quickly, officials introduced new rules that will require some of them to appear in court within a month of being detained, rather than after 60 days, which was the previous standard, according to shelter workers. Many will appear via video conference call, rather than in person, to plead their case for legal status to an immigration judge. Those who are deemed ineligible for relief will be swiftly deported.

The longer that children remain in custody, the more likely they are to become anxious or depressed, which can lead to violent outbursts or escape attempts, according to shelter workers and reports that have emerged from the system in recent months.

Advocates said those concerns are heightened at a larger facility like Tornillo, where signs that a child is struggling are more likely to be overlooked, because of its size. They added that moving children to the tent city without providing enough time to prepare them emotionally or to say goodbye to friends could compound trauma that many are already struggling with.

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If you don’t want to turn back the clock to 1939, get out the vote to remove this scofflaw, White Nationalist, racist Administration from power before it’s too late!

PWS

09-30-18

DOJ RELEASES BIOS OF LARGEST CLASS OF US IMMIGRATION JUDGE APPOINTMENTS

Here’s the link, courtesy of Dan Kowalski over at LexisNexis Immigration Community:

https://www.justice.gov/opa/pr/eoir-announces-largest-ever-immigration-judge-investiture

PWS

09-30-18

DOJ SEEKING BIA JUDGES TO WANDER THE ARIZONA DESERT IN SEARCH OF FINAL ORDERS OF DEPORTATION?

The latest DOJ Job Announcement for Appellate Immigration Judges (“BIA Members”) contains some “head scratchers:”

https://www.usajobs.gov/GetJob/ViewDetails/511705900#

  • 6 vacancies;
  • In 4 locations;
  • All in Arizona.

NOTE: The Chairman, Vice Chair,  and the other 13 Board Members/Appellate Immigration Judges are located in Falls Church, VA, along with all of the BIA’s existing staff.

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At one time, this might have been one of the “premier” jobs in the DOJ. But, with “One-Judge Panels,” Performance Quotas, Sessions setting all the important precedents, and a constant stream of reversals and criticisms from the Article III’s for “haste makes waste” decision-making, successful candidates had better bring their “DEPORT” rubber stamps with them.

PWS

09-30-18

 

 

SNL “DOES” BKAVS! — “Now I am usually an optimist, a keg is half full kind of guy, but what I’ve seen from the monsters on this committee makes me want to puke—and not from beer!”

https://www.thedailybeast.com/snl-matt-damon-absolutely-nails-brett-kavanaugh-in-season-premiere

Matt Damon absolutely “nails” it!

PWS

09-30-18

 

 

HON. JEFFREY CHASE & OTHERS: No Matter What The FBI Reports, Judge BKavs Has Already Shown That He Is An Angry, Belligerent, Political Partisan Unfit To Serve On High Court!

https://www.jeffreyschase.com/blog/2018/9/28/kavanaugh-and-judicial-impartiality

Kavanaugh and Judicial Impartiality

The standard to keep in mind regarding the confirmation of a Supreme Court Justice is found in 28 U.S.C. section 455(a): “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Let’s set aside for now the fact that as drafted, the statute seems to apply only to men (did Congress really not envision women judges?).  Comments have been made recently about Supreme Court nominee Brett Kavanaugh being “innocent until proven guilty.”  That’s actually the standard for a defendant in a criminal trial.  Because we as a society recognize how terrible it would be to send an innocent person to jail, possibly for many years, our legal system has established a standard that is willing to allow many who are guilty of crimes to go free, because we find that result preferable to ruining the life of an innocent person through wrongful conviction.  Therefore, where the evidence establishes, for example, an 85 percent likelihood that the defendant committed the crime, a finding of not guilty is warranted, as the remaining 15% constitutes “reasonable doubt.”  Of course, wrongful convictions still happen in practice, but nevertheless, the theory behind a presumption of innocence and a standard of “beyond a reasonable doubt” in criminal proceedings remains a noble one.

Not being allowed to serve as a Supreme Court justice is a far, far cry from being convicted of a crime and sent to prison.  Realize that there are only nine people in the whole country who are Supreme Court justices.  Many who have never been appointed to the Supreme Court have nevertheless gone on to lead happy, productive lives; some have amassed significant wealth, others have even held positions of trust and respect in society.

In choosing a Supreme Court justice, the ideal candidate is not someone who hasn’t been proven guilty beyond a reasonable doubt of some horrible act.  Rather, it’s someone whose impartiality is beyond questioning.  This is because in a democracy, faith in our judicial institutions is paramount.  Society will abide by judicial outcomes that they disagree with if they believe that the “wrong” result was made by impartial jurists who were genuinely trying to get it right.  Abiding by unpopular judicial decisions is the key to democracy.  It is what prevents angry mobs from taking justice into their own hands.  In the words of Balzac, “to distrust the judiciary marks the beginning of the end of society.”

A primary reason Republicans are so anxious to “plow through” (as Mitch McConnell, using the rapiest terminology imaginable, unfortunately phrased it) the nomination of Kavanaugh is because of how he might rule on abortion rights, an issue of great importance to the party’s base.  Nearly all of the Republican Senators seem to believe that as long as Kavanaugh has not been found guilty beyond a reasonable doubt of attempted rape, then he is fully qualified to serve as the deciding vote in taking away a right that has been constitutionally guaranteed to women for the past 45 years.

However, the three Republican Senators who at the last second requested an FBI investigation into the charges against Kavanaugh may have realized that their colleagues were not applying the correct standard.  Abortion rights involve a woman’s right to control her own body.  Yesterday, the country heard very detailed and articulate testimony from a highly credible and courageous witness.  What she described involved her being deprived of the right to control her own body, by a male who physically pinned her down, covered her mouth when she tried to scream for help, and tried to forcibly remove her clothing against her will.  Her violator then added insult to injury by laughing at her in a way that still haunts her to this day.  The credible witness stated that she was 100 percent certain that the male who violated her rights in this despicable way was Kavanaugh.

The evidence goes directly to the question of the candidate’s view of a woman’s right to control her own body.  The question that Senators should be considering is how much public trust there will be in the impartiality of a decision that involves such right in light of the past actions of the justice casting the potential deciding vote.

Senators who will nevertheless vote for Kavanaugh will say that in spite of the testimony, they cannot be sure of his guilt.  Or they may state that they are strongly convinced of his innocence.  Regardless, many people might reasonably question Kavanaugh’s impartiality based on the evidence they have heard.  (And remember, there have been two other women leveling similar accusations as well).  Even those who believe him innocent should at this point realize that in light of public perception, the appearance of impropriety should disqualify Kavanaugh from consideration.

Should those Senators deciding the issue ignore the above, we will all likely live with the consequences for decades to come.  Although it would not undo the damage, let us hope the public will respond quickly and decisively in voting the offenders out of office in November.

Copyright 2018 Jeffrey S. Chase. All rights reserved.

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Others agree with Jeffrey:

Here’s what the NY Times Editorial board had to say:

Why Brett Kavanaugh Wasn’t Believable

And why Christine Blasey Ford was.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

Pool photo by Saul Loeb

What a study in contrasts: Where Christine Blasey Ford was calm and dignified, Brett Kavanaugh was volatile and belligerent; where she was eager to respond fully to every questioner, and kept worrying whether she was being “helpful” enough, he was openly contemptuous of several senators; most important, where she was credible and unshakable at every point in her testimony, he was at some points evasive, and some of his answers strained credulity.

Indeed, Dr. Blasey’s testimony before the Senate Judiciary Committee on Thursday was devastating.

With the eyes of the nation on her, Dr. Blasey recounted an appalling trauma. When she was 15 years old, she said, she was sexually assaulted by Judge Kavanaugh, then a 17-year-old student at a nearby high school and now President Trump’s nominee to the Supreme Court.

Her description of the attack, which she said occurred in a suburban Maryland home on a summer night in 1982, was gut-wrenchingly specific. She said Judge Kavanaugh and his friend, Mark Judge, both of whom she described as very drunk, locked her in a second-floor room of a private home. She said Kavanaugh jumped on top of her, groped her, tried to remove her clothes and put his hand over her mouth to keep her from screaming. She said she feared he might accidentally kill her.

“The uproarious laughter between the two and their having fun at my expense,” she said, was her strongest memory.

Judge Kavanaugh, when it was his turn, was not laughing. He was yelling. He spent more than half an hour raging against Senate Democrats and the “Left” for “totally and permanently” destroying his name, his career, his family, his life. He called his confirmation process a “national disgrace.”

“You may defeat me in the final vote, but you will never get me to quit,” Judge Kavanaugh said, sounding like someone who suddenly doubted his confirmation to the Supreme Court — an outcome that seemed preordained only a couple of weeks ago.

Pool photo by Erin Schaff

Judge Kavanaugh’s defiant fury might be understandable coming from someone who believes himself innocent of the grotesque charges he’s facing. Yet it was also evidence of an unsettling temperament in a man trying to persuade the nation of his judicial demeanor.

We share the sorrow of every sensible American who feels stricken at the partisan spectacle playing out in Washington. Judge Kavanaugh was doubtless — and lamentably — correct in predicting that after this confirmation fight, however it ends, the bitterness is only likely to grow. As he put it in his testimony, “What goes around, comes around,” in the partisan vortex that has been intensifying in Washington for decades now. His open contempt for the Democrats on the committee also raised further questions about his own fair-mindedness, and it served as a reminder of his decades as a Republican warrior who would take no prisoners.

Judge Kavanaugh’s biggest problem was not his demeanor but his credibility, which has been called in question on multiple issues for more than a decade, and has been an issue again throughout his Supreme Court confirmation process.

On Thursday, he gave misleading answers to questions about seemingly small matters — sharpening doubts about his honesty about far more significant ones. He gave coy answers when pressed about what was clearly a sexual innuendo in his high-school yearbook. He insisted over and over that others Dr. Blasey named as attending the gathering had “said it didn’t happen,” when in fact at least two of them have said only that they don’t recall it — and one of them told a reporter that she believes Dr. Blasey.

Judge Kavanaugh clumsily dodged a number of times when senators asked him about his drinking habits. When Senator Amy Klobuchar gently pressed him about whether he’d ever blacked out from drinking, he at first wouldn’t reply directly. “I don’t know, have you?” he replied — a condescending and dismissive response to the legitimate exercise of a senator’s duty of advise and consent. (Later, after a break in the hearing, he apologized.)

Judge Kavanaugh gave categorical denials a number of times, including, at other points, that he’d ever blacked out from too much drinking. Given numerous reports now of his heavy drinking in college, such a blanket denial is hard to believe.

In contrast, Dr. Blasey bolstered her credibility not only by describing in harrowing detail what she did remember, but by being honest about what she didn’t — like the exact date of the gathering, or the address of the house where it occurred. As she pointed out, the precise details of a trauma get burned into the brain and stay there long after less relevant details fade away.

She was also honest about her ambivalence in coming forward. “I am terrified,” she told the senators in her opening remarks. And then there’s the fact that she gains nothing by coming forward. She is in hiding now with her family in the face of death threats.

Perhaps the most maddening part of Thursday’s hearing was the cowardice of the committee’s 11 Republicans, all of them men, and none of them, apparently, capable of asking Dr. Blasey a single question. They farmed that task out to a sex-crimes prosecutor named Rachel Mitchell, who tried unsuccessfully in five-minute increments to poke holes in Dr. Blasey’s story.

Eventually, as Judge Kavanaugh testified, the Republican senators ventured out from behind their shield. Doubtless seeking to ape President’s Trump style and win his approval, they began competing with each other to make the most ferocious denunciation of their Democratic colleagues and the most heartfelt declaration of sympathy for Judge Kavanaugh, in a show of empathy far keener than they managed to muster for Dr. Blasey.

Pressed over and over by Democratic senators, Judge Kavanaugh never could come up with a clear answer for why he wouldn’t also want a fair, neutral F.B.I. investigation into the allegations against him — the kind of investigation the agency routinely performs, and that Dr. Blasey has called for. At one point, though, he acknowledged that it was common sense to put some questions to other potential witnesses besides him.

When Senator Patrick Leahy asked whether the judge was the inspiration for a hard-drinking character named Bart O’Kavanaugh in a memoir about teenage alcoholism by Mr. Judge, Judge Kavanaugh replied, “You’d have to ask him.”

Asking Mr. Judge would be a great idea. Unfortunately he’s hiding out in a Delaware beach town and Senate Republicans are refusing to subpoena him.

Why? Mr. Judge is the key witness in Dr. Blasey’s allegation. He has said he has no recollection of the party or of any assault. But he hasn’t faced live questioning to test his own memory and credibility. And Dr. Blasey is far from alone in describing Judge Kavanaugh and Mr. Judge as heavy drinkers; several of Judge Kavanaugh’s college classmates have said the same.

None of these people have been called to testify before the Senate. President Trump has refused to call on the F.B.I. to look into the multiple allegations that have been leveled against the judge in the past two weeks. Instead the Republican majority on the committee has scheduled a vote for Friday morning.

There is no reason the committee needs to hold this vote before the F.B.I. can do a proper investigation, and Mr. Judge and possibly other witnesses can be called to testify under oath. The Senate, and the American people, need to know the truth, or as close an approximation as possible, before deciding whether Judge Kavanaugh should get a lifetime seat on the nation’s highest court. If the committee will not make a more serious effort, the only choice for senators seeking to protect the credibility of the Supreme Court will be to vote no.

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Emily Bazelon of the NY Times Sunday Magazine wasn’t convinced by BKavs either:

The Senate’s Failure to Seek the Truth

It is impossible to justify the lack of a neutral investigation into the allegations against Brett Kavanaugh.

By Emily Bazelon

Ms. Bazelon is a staff writer at The New York Times Magazine.

Brendan Smialowski/Agence France-Presse — Getty Images

Twice as a reporter, I’ve interviewed women who have accused men of sexual assault and the men they accused. In both cases, the women looked me in the eye and told me about how they’d been raped, and then the men looked me in the eye and told me they’d never raped anyone. All four people spoke with force and emotion. In the moment, I wanted to believe each one. It’s uncomfortable to imagine that someone who seems wholly sincere is not. It’s confusing — it seems unfeeling — to turn away from someone who makes a vehement claim of truth.

If you watched Thursday’s hearing, in particular Christine Blasey Ford’s opening statement and Brett Kavanaugh’s, maybe you know what I mean. So then what? As a reporter, I looked for corroborating evidence as a means of assessing each person’s veracity. What else could I find out, and how did their accounts stack up against that? This is how investigators do their work. They find out as much as they can about the surrounding circumstances. Then it’s up to judges to weigh the facts and decide which account is most credible.

Judge Kavanaugh didn’t sound as if he was thinking like a judge. His partisan attack on Democrats wasn’t judicial, in any sense of the word. His approach to evidence wasn’t either.

The difficulty for holding Judge Kavanaugh accountable for what Dr. Blasey says was her assault is the lack of a certain kind of corroboration for her account. The other people she has named who were at the small gathering where she says the assault took place don’t remember such a gathering. Two of them are Judge Kavanaugh’s high school friends. One of them is Dr. Blasey’s friend.

But there’s no reason any of them would have remembered such a gathering. She says it was a spur-of-the-moment get-together, after swimming and before a party to come. And it took place 36 years ago. The gathering she describes is also consistent with one of Judge Kavanaugh’s calendar entries about drinking with his friends.

We also have more than Dr. Blasey’s word. Years ago, she talked about this assault, and named Judge Kavanaugh, with her husband and her therapist, and at a later time, she told a few close friends. They back her up on this. One memorable detail from her testimony has the ring of truth, in its specificity: Her assault came up in couples therapy with her husband because the traumatic memory triggered anxiety and claustrophobia, and that made her insist on adding a second front door to her house, to his understandable confusion. This is not the kind of fact a person makes up.

Dr. Blasey was firm about closing a door that would allow us to reconcile her accusation and Judge Kavanaugh’s denial. She is not mixed up about the identity of her assailant, she said. She is “100 percent certain” it was Judge Kavanaugh. The comfortable path for the judge’s supporters — believe she was assaulted, disbelieve he committed the assault — is gone. Her certainty was a pillar of the testimony she put the full weight of herself behind — her professional identity, her character, the careful consideration and precision about facts that was evident as she spoke.

Judge Kavanaugh refused to open another door that would allow the public, and the Senate, to reconcile these accounts of accusation and denial. He ruled out the possibility that he could not remember assaulting Dr. Blasey because he blacked out or was otherwise incapacitated by drinking. He was just as adamant about categorically denying the other sexual misconduct he has been accused of by two other women.

Judge Kavanaugh also didn’t much back off his denials of being a hard drinker or an aggressive drunk. This is his big weakness, stacked against other facts that have been gathered. Several classmates from his college days at Yale paint an entirely different picture of him as a drinker than the innocent one he offered of being a person who “likes beer.” So do his own yearbook entries and speeches. If you’re a judge who believes in strictly reading a text for its plain meaning, as Judge Kavanaugh says he is, his dismissals and wispy explanations aren’t persuasive.

If you’re thinking like a judge aiming to discover the truth, it’s also hard (impossible?) to justify the lack of a neutral investigation and the absence of other witnesses, beginning with Mark Judge, the friend of Judge Kavanaugh’s, whom Dr. Blasey says saw and participated in the assault, but not ending with him.

The task of a judge or a Supreme Court justice is to seek the truth. The most important qualities for the job are probity and veracity. Nobody was on trial at the Senate Judiciary Committee. But only one person — Judge Kavanaugh — was asking to be elevated to the highest court in the land.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion).

Emily Bazelon is a staff writer at the magazine and the Truman Capote Fellow for Creative Writing and Law at Yale Law School. She is also a best-selling author and a co-host of the Slate Political Gabfest, a popular podcast.

@emilybazelonFacebook

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Meanwhile, over at Slate, Will Saletan wasn’t buying BKavs performance either:

https://slate.com/news-and-politics/2018/09/kavanaugh-lied-senate-judiciary-committee.html

POLITICS

Kavanaugh Lied to the Judiciary Committee—Repeatedly

Thursday’s hearing didn’t prove whether Kavanaugh assaulted Ford. But we do know the Supreme Court nominee wasn’t honest in his testimony.

Brett Kavanaugh frowns during his testimony.
Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Thursday.
Jim Bourg/AFP/Getty Images

On Thursday, after listening to testimony from Supreme Court nominee Brett Kavanaugh and his accuser, Christine Blasey Ford, several Republican senators said they would vote to confirm the nominee because it’s impossible to determine which witness—Ford or Kavanaugh—is telling the truth. Actually, it’s easy. We don’t know for certain whether Kavanaugh sexually assaulted Ford. But we do know that Kavanaugh lied repeatedly in his testimony to the Senate Judiciary Committee. Here are some of his lies.

1. “It’s been investigated.” The White House has ignored multiple requests from Democratic senators to authorize FBI interviews with the alleged witnesses in the case. In particular, there has been no FBI or Judiciary Committee interview with Mark Judge, Kavanaugh’s accused accomplice in the alleged assault. In fact, Judge has fled to a hideout in Delaware to avoid being called to testify.

During the hearing, several Democratic senators pleaded with Kavanaugh to call for FBI interviews so that the truth could be resolved. Kavanaugh refused. When Sen. Chris Coons pointed out that the FBI had needed only a few days to complete interviews in the Clarence Thomas–Anita Hill case, Kavanaugh said even that was too much, because the Judiciary Committee had already examined his case. “It’s been investigated,” he told Coons.

No honest judge would say that. None of the alleged witnesses, other than Ford and Kavanaugh, has been interviewed. Instead, the alleged witnesses have issued short statementsof nonrecollection and have asked not to testify. The committee’s Republican majority, eager to brush the case aside, has accepted these statements and has refused to ask further questions. In his testimony, Kavanaugh falsely claimed that FBI interviews would add nothing. Agents would “just go and do what you’re doing,” he told the senators.

Kavanaugh claimed that a vague statement of nonrecollection from Judge’s lawyer was sufficient “testimony.” He dismissed calls for Judge to appear before the committee, arguing that his own testimony was adequate. But Kavanaugh also mocked the committee’s Democrats, who lack the power of subpoena, by telling them to go talk to Judge. When Sen. Patrick Leahy asked whether Bart O’Kavanaugh, a drunken character in Judge’s book, was meant to represent Brett Kavanaugh, the nominee passed the buck to his testimony-evading friend: “You’d have to ask him.”

2. “All four witnesses say it didn’t happen.” Each time senators pleaded for an FBI review or a more thorough investigation by the committee, Kavanaugh replied that it wasn’t necessary, since all the people Ford claimed had been at the gathering where the alleged assault occurred had rejected her story. Eight times, Kavanaugh claimed that the witnesses “said it didn’t happen.” Three times, he said the witnesses “refuted” Ford’s story. Four times, Kavanaugh claimed that “Dr. Ford’s longtime friend,” Leland Keyser, had affirmed that the gathering never occurred.

That’s a lie. Keyser has stated that she doesn’t recall the gathering—she was never told about the attack, and she was supposedly downstairs while it allegedly occurred upstairs—but that she believes Ford’s story. That isn’t corroboration, but it isn’t refutation or denial, either. During the hearing, Sen. Cory Booker pointed this out to Kavanaugh, reminding him that in an interview with the Washington Post, Keyser “said she believes Dr. Ford.” Kavanaugh ignored Booker’s correction. Ninety seconds later, the nominee defiantly repeated: “The witnesses who were there say it didn’t happen.”

3. “I know exactly what happened that night.”Kavanaugh made several false or widely contradicted statements about his use of alcohol. This is significant because Judge has admitted to drunken blackouts, which raises the possibility that Judge and Kavanaugh don’t remember what they did to Ford. During the hearing, Sen. Richard Blumenthal asked about Kavanaugh’s participation in a night of drunken revelry at Yale Law School. Kavanaugh assured Blumenthal, “I know exactly what happened the whole night.” Later, Booker asked Kavanaugh whether he had “never had gaps in memories, never had any losses whatsoever, never had foggy recollection about what happened” while drinking. Kavanaugh affirmed that he had never experienced such symptoms: “That’s what I said.”

These statements contradict reports from several people who knew Kavanaugh. Liz Swisher, a friend from Yale, says she saw Kavanaugh drink a lot, stumble, and slur his words. “It’s not credible for him to say that he has had no memory lapses in the nights that he drank to excess,” she told the Washington Post. And in a speech four years ago, Kavanaugh described himself and a former classmate “piecing things together” to figure out that they’d “had more than a few beers” before an alcohol-soaked banquet at Yale Law School.

4. “I’m in Colorado.” As evidence that the charges against him were ludicrous, Kavanaugh told the committee that he had been falsely accused of committing an assault more than 1,500 miles away. He claimed that according to his accusers, “I’m in Colorado, you know, I’m sighted all over the place.” But a transcript of Kavanaugh’s Sept. 25 interview with Judiciary Committee staffers shows no claim of an offense in Colorado. The transcript says that according to a woman from Colorado, “at least four witnesses” saw Kavanaugh shove a woman “up against the wall very aggressively and sexually” in 1998. But Kavanaugh was specifically told during the interview that the scene of the alleged incident was in D.C., where he was living at the time.

Kavanaugh also told other whoppers. He claimed that his beer consumption in high school was legal because the drinking age in Maryland was 18. In reality, by the time he was 18, the drinking age was 21. He claimed that his high school yearbook reference to the “Beach Week Ralph Club” referred in part to his difficulty in holding down “spicy food.” He claimed that the entry’s jokes about two sporting events he and his high school buddies had watched—“Who won that game, anyway?”—had nothing to do with booze. And he defended his refusal to take a polygraph test on the grounds that such tests aren’t admissible in federal courts—neglecting to mention that he had endorsed their use in hiring and law enforcement.

Maybe Kavanaugh is an honest man in other contexts. Maybe he’s a good husband, a loving dad, and an inspiring coach. And maybe there’s no way to be certain that he assaulted Ford. But one thing is certain: He lied repeatedly to the Judiciary Committee on Thursday. Some of his lies, about the testimony of witnesses and the integrity of investigations, go to the heart of our system of justice. Any senator who votes to put this man on the Supreme Court is saying that such lies don’t matter.

****************************************************
Also at Slate, Yascha Mounk predicts lasting damage to our Republic if BKavs is confirmed:
 
THE GOOD FIGHT

The Kavanaugh Stakes Just Got Higher

To confirm him now would be dangerous to the survival of our democratic institutions.

The Supreme Court and Brett Kavanaugh getting sworn in to testify.
Photo illustration by Slate. Photos by Drew Angerer/Getty Images and Andrew Harnik-Pool/Getty Images.

At this moment of feverishly intense partisanship, it takes a great deal of courage to tiptoe away from your own tribe. Sen. Jeff Flake has not yet announced that he is willing to part for good; in the end, he may yet betray his professed principles and cast his vote to confirm Brett Kavanaugh. And yet, we should not underestimate how much strength it took for him to demand an investigation into Christine Blasey Ford’s serious allegations of sexual assault and delay the judge’s confirmation by at least a week. For now, he has proved to be one of the few people in the Senate—and perhaps one of the few in the whole country—who have insisted on taking Ford’s allegations seriously even though he actually shares most of Kavanaugh’s judicial views.

For the sake of our country, all of us should now hope that the FBI manages to uncover conclusive evidence that either supports or dispels Ford’s accusations. Unfortunately, that seems unlikely. So the big risk we now face is that the same hell we have lived through for the past 48 hours will be repeated in even more farcical form next week. And that is why it’s very important to use this time to reflect seriously on how judicious people—and perhaps especially senators like Flake who profess to be conscientious conservatives—should vote if they have not made up their mind about the allegations.

It is painfully obvious that most Republican senators will vote to confirm Kavanaugh if the allegations against him are anything short of iron-clad; indeed, one shocking poll suggests that a majority of Republicans voters, and nearly half of evangelicals, would support his confirmation even if they did believe that he is guilty. It is also obvious that most Democrats will vote against his confirmation even in the unlikely case that the FBI should somehow manage to disprove Ford’s allegations; indeed, Kavanaugh’s extreme views on executive power provide a strong reason for any defender of liberal democracy to oppose his nomination. And yet, I think that one very important consideration has largely been overlooked.

Let us assume, for the sake of argument, that Kavanaugh is an innocent man. If that’s the case, the raw anger he displayed during Thursday’s confirmation hearing is certainly understandable. While we might wish for a public figure to keep his poise even when his reputation is being impugned, it is perfectly human to lose your countenance under such circumstances.

But even under that charitable interpretation, Kavanaugh’s performance in front of the Senate Judiciary Committee makes him eminently unfit to sit on the highest court of the land.

A justice on the Supreme Court has to rule on a whole host of issues that are of huge partisan significance: If he is confirmed, he will have to settle substantive questions of public policy—from abortion rights to the health care mandate—on which Democrats and Republicans have hugely differing preferences. Just as importantly, he will also help to set the parameters that are supposed to ensure that Democrats and Republicans can appeal for the votes of their fellow citizens on fair terms.

But how can somebody who has accused Democrats of a “calculated and orchestrated political hit” be seen as impartial when he rules on a gerrymandering case that could deliver a huge advantage to Republicans? How can somebody who describes serious allegations of sexual assault as “revenge on behalf of the Clintons” be expected to give both sides a fair hearing if the outcome of a presidential election should once again be litigated in front of the Supreme Court? And how can somebody who denounces the “frenzy on the left” to derail his nomination be trusted to ensure that the left’s most vocal enemy, Donald Trump, does not overstep the bounds of his constitutional authority?

Because of Mitch McConnell’s refusal to hold hearings on the confirmation of Merrick Garland during the last year of Barack Obama’s presidency, the current composition of the Supreme Court is already tainted. Now, the confirmation of as nakedly partisan a jurist as Kavanaugh would go a long way toward destroying whatever remains of the Supreme Court’s legitimacy. And this would not only tank the trust Americans have in the last branch of government that has, according to polls, consistently been more popular than secondhand car salesmen; it also significantly raises the likelihood that Democrats will engage in yet another round of tit for tat.

Precisely because partisans need to be able to trust that courts can enforce the rules for fair political competition between them and their adversaries, attempts by a political party to change the ideological makeup of the judiciary are extremely dangerous to the survival of democratic institutions. That’s why (direct or indirect) court-packing schemes have been key elements of the authoritarian takeovers in Russia, Turkey, and Venezuela. And it’s also why the current governments in Poland and Hungary are playing constitutional hardball to ensure that judges they appoint command a majority on the most important courts in their respective countries.

There can therefore be little doubt that any attempt by Democrats to pack the Supreme Court, for example, by expanding its size, would be another step in a tit-for-tat spiral at whose end autocracy awaits. And yet, recent events will make it very hard for those voices within the Democratic Party that recognize this danger to prevail. If one side is so willing to abuse precedent and decency to, as Kavanaugh might put it, screw the libs, it becomes very difficult for the other side not to reciprocate in kind.

This is why Kavanaugh’s confirmation would not just be a disaster in itself; it would also be a strong reason to become even more pessimistic about the future of American politics. The GOP and Trump are now more fully aligned than ever. Our country’s partisan divide is deeper than it has been in living memory. The mutual hatred and incomprehension is more acute than it has been in decades. If Kavanaugh is confirmed, it’s very, very difficult to envisage what path could possibly lead us out of this nightmare.

Jeff Flake has acted with much more courage and decency than most liberals care to admit. But the responsibility that now rests on his—and Sen. Lisa Murkowski’s and Sen. Susan Collins’—shoulders is even greater than he might realize.

**********************************************
Dahlia Lithwick @ Slate is also no BKavs fan:

That being said, I thought that his emotional partisan attack on Democratic Senators, his overt rudeness to Sen. Amy Klobuchar, and his unsupported “conspiracy theory” re the Clintons showed that he is exactly what his critics have been saying all along: an injudicious and disingenuous partisan.

No matter what really happened with Ford, he is “damaged goods” who can’t credibly serve on the Supremes. A decent person would withdraw at this point for the good of the country.

Certainly, Trump can find a reactionary GOP female judge with no personal baggage to carry the flag. He was actually pretty stupid to nominate BKavs in the first place rather than a female vetted by the Heritage Foundation whom the Dems couldn’t have touched.

I assume that Senator L. Graham is auditioning for Gonzo’s job after the midterms. He seems to forgotten what he and his GOP buddies did to Judge Merrick Garland — a very decent person and good jurist who never even got a chance to be heard at all. The GOP just decided that “advice and consent” meant “stonewall if you don’t like the President.” And as a moderate and polite “center left” jurist, Judge Garland certainly would have been a more appropriate pick for the Supremes than BKavs! But, power is power, and the GOP has it right now — the Dems don’t.

Nothing is likely to stop Judge’s Kavanaugh’s elevation at this point. But, as Jeffrey suggests, getting to the ballot box could make BKavs the last such appointment for some time.

Best,

PWS
09-30-18

NPR: “THIS AMERICAN LIFE” – HEAR ABOUT HOW THE WHITE NATIONALIST RESTRICTIONISTS IN THE TRUMP ADMINISTRATION ARE GOING ABOUT SYSTEMATICALLY AND DISINGENUOUSLY PERVERTING US IMMIGRATION LAWS – Useless, Counterproductive, & Expensive Prosecutions Of Asylum Seekers – When The Facts Don’t Support Your Decisions, Just Delete Or Misrepresent Them!

https://www.thisamericanlife.org/656/let-me-count-the-ways

 

Yes, youʼve heard about the family separations. Youʼve heard about the travel ban. But there are dozens of ways the Trump administration is cracking down on immigration across many agencies, sometimes in ways so small and technical it doesnʼt make headlines. This week, the quiet bureaucratic war that’s even targeting legal immigrants.

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

Long, but highly documented, compelling, and well worth the listen if you really want to know about the ugly, depraved policies of Trump, Sessions, Miller, Nielsen, Cissna, Gene Hamilton, and the rest of the White Nationalist Racist Brigade.

Regime Change, Regime Change, Regime Change; Vote, Vote, Vote!

PWS

09-29-18

 

GONZO’S WORLD: HE FIDDLES AS ROME BURNS! — Threats To Judges, Xenophobia, Racism, Cutting Corners, Dissing Respondents & Their Lawyers, Bogus Numbers, Aimlessly Adding Bodies Fail To Stem Tide Of Backlogged Cases In An Obviously Broken System — When Will Congress &/Or The Article IIIs Do Their Jobs By Restoring Due Process, Impartiality, & Competent, Apolitical Court Management To This Sorry Caricature Of A Court System?

Here’s the latest from TRAC:

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. In August 2018, Immigration Courts remained overwhelmed with record numbers of cases awaiting decision. As of August 31, 2018, the number had reached 764,561. In July, the number of cases awaiting decision was 746,049 cases. This is a significant increase – up 41 percent – compared to the 542,411 cases pending at the end of January 2017, when President Trump took office.

California, Texas, and New York have the largest backlogs in the nation at 142,260, 112,733, and 103,054 pending caseloads respectively. While California is the state with the most pending cases, New York City’s immigration court topped the list of immigration courts with highest number at 99,919 pending cases at the end of August.

To view further details see TRAC’s immigration court backlog tool:

http://trac.syr.edu/phptools/immigration/court_backlog/

In addition to these most recent overall figures, TRAC continues to offer free monthly reports on selected government agencies such as the FBI, ATF, DHS and the IRS. TRAC’s reports also monitor program categories such as official corruption, drugs, weapons, white collar crime and terrorism. For the latest information on prosecutions and convictions through July 2018, go to:

http://trac.syr.edu/tracreports/bulletins/

Even more detailed criminal enforcement information for the period from FY 1986 through August 2018 is available to TRACFed subscribers via the Express and Going Deeper tools. Go to http://tracfed.syr.edu for more information. Customized reports for a specific agency, district, program, lead charge or judge are available via the TRAC Data Interpreter, either as part of a TRACFed subscription or on a per-report basis. Go to http://trac.syr.edu/interpreter to start.

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II   
Syracuse, NY 13244-2100
315-443-3563

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

At approximately 20,000 more backlogged cases per month, the “Gonzo-ized” version of the US Immigration Courts are on track to jack the backlog up to 1 million by the end of FY 2019! Talk about self-inflicted, totally unnecessary chaos!

Hiring more new Immigration Judges won’t solve the problem because 1) if they do the job right, they will be slow and deliberative, 2) if they are slow, they will be fired, 3) but if they do it “Gonzo’s way” and give Due Process a pass, many of their cases will be sent back by the Courts of Appeals, adding to the mess.

Gonzo’s recent “My Way or the Highway” speech to new IJs where he unethically urged them to violate their oaths of office by ignoring relevant humanitarian factors in asylum cases (which actually are supposed to be humanitarian adjudications) and just crank out more removal orders to carry out the Administration’s White Nationalist agenda is a prime example of why more judicial bodies can’t solve the problem without a complete overhaul of the system to refocus it on Due Process — and only Due Process.

Someday, the Immigration Courts will become independent of the DOJ. That should include a professionally-administered, transparent, merit-based, judicial selection and retention system with provision for meaningful public input. (Such systems now are used for selection and retention of US Bankruptcy Judges and US Magistrate Judges.) When that happens, those Immigration Judges who “went along to get along” with Gonzo’s xenophobic, anti-immigrant, ignore Due Process system might be challenged to explain why they are best qualified to be retained in a new system that requires fair, impartial, and scholarly judges.

This court system can be fixed, but not by the likes of Gonzo Apocalypto; also, not without giving the Immigration Judges back authority over their dockets and leverage to rein in a totally undisciplined, irresponsible, unprofessional, and out of control ICE. (Responsible, professional, practical, humane leadership at DHS and ICE is also a key ingredient for a well-functioning and efficient court system.)

PWS

09-27-18

 

 

 

 

THE GIBSON REPORT – 09-24-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT — 09-24-18

TOP UPDATES

Public charge proposed rule

DHS: “DHS Announces New Proposed Immigration Rule to Enforce Long-Standing Law that Promotes Self-Sufficiency and Protects American Taxpayers.” See also CLINIC: USCIS Proposes Vast Changes to Public Charge Definition

ICE arrested undocumented immigrants who came forward to take in undocumented children

CNN: On Tuesday, Immigration and Customs Enforcement senior official Matthew Albence testified to Congress that, after Health and Human Services and ICE signed a memorandum of agreement to background-check and fingerprint potential “sponsors” of immigrant children, ICE arrested 41 people who came forward.

Sessions Limits U.S. Judges’ Ability to Dismiss Deportation Cases

Reuters reports on the Attorney General’s (AG) decision in Matter of S-O-G- & F-D-B-. AILA Associate Director of Government Relations Kate Voigt called it part of “a concerted effort by the AG to undermine judicial independence and to minimize the role of judges in immigration court.” AILA Doc. No. 18092001. See also Jeff Sessions’ Latest Immigration Opinion Is Another Blow to the Independence of Immigration Judges, the Judges Union Said

Trump Administration Justifies Lowest Refugee Admission Target Ever, Arguing That America’s Generosity Remains Boundless

AIC: Secretary of State Mike Pompeo announced Monday the Trump administration’s intention to limit refugee admissions to 30,000 people in Fiscal Year 2019. The administration argued that refugee admissions and asylum grants must be considered together when measuring “America’s generosity.”

Sessions Decision Could Eliminate Bond for Arriving Refugee Families

HRF: Human Rights First today condemned Attorney General Jeff Session’s decision to refer to himself a Board of Immigration Appeals decision in Matter of M-G-G-, a move that will likely lead to thousands of refugee families languishing indefinitely in detention. Sessions can now issue a ruling that would attempt to block individuals, including those seeking protection, from having an immigration judge assess their cases for potential release from detention.

More Communities Say They Won’t Jail Immigrants for ICE

AIC: A growing number of communities are reevaluating their role in detaining immigrants on behalf of U.S. Immigration and Customs Enforcement. Many are voting to no longer detain immigrants in their local jails.

New Census Data Show Immigrants Complement Natives in the US Workforce

AIC: New data from the Census Bureau’s American Community Survey (ACS), illustrates how immigrants add value to the economy through their participation in the workforce.

 

Immigration Policies Weigh on Indian Workers Seeking Green Cards

Bloomberg reports that hundreds of thousands of immigrants may lose their temporary work visas while waiting for green cards. AILA First Vice President Jennifer Minear said, “a whole puzzle with multiple pieces” created the situation, including a decades-long backlog and new USCIS policies. AILA Doc. No. 18092139

 

FOIA Response Details Guidance on Processing of Travel Ban Waivers

In response to a FOIA request made by the International Refugee Assistance Project (IRAP), the Department of State provides guidance distributed to consular officers dated 1/23/18 concerning the processing of waivers under Presidential Proclamation 9645, also known as “Travel Ban 3.0”. AILA Doc. No. 18092140

 

Updates on New Judges’ Dockets

  • Judge Brian Palmer will be taking over the docket of retired Judge McManus
  • Judge Sam Factor will be taking over the docket of retired Judge Sandy Hom (not to be confused with new Judge Howard Hom)
  • Judge Oshea Spencer will be hearing cases previously on a VJ docket. Notices are being sent.
  • In addition, some of Judge Vomacka’s 2019-2021 cases have been distributed to incoming IJs. The dates and times of these will remain the same. I would suggest attorneys with hearings scheduled before Judge Vomacka periodically check the 1-800 number to verify a new IJ has been assigned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)

(1)  Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings.

(2)  Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).

(3)  An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.

(4)  To avoid confusion, immigration judges and the Board should recognize and maintain the distinction between a dismissal under 8 C.F.R. § 1239.2(c) and a termination under 8 C.F.R. § 1239.2(f).

 

EOIR Releases Internal Guidance on Pereira v. Sessions

Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock. AILA Doc. No. 18091849

 

Flores

 

DHS Issues Statement on August 2018 Border Numbers

DHS issued statement on the August 2018 border numbers, stating that “While the overall numbers are consistent with an expected seasonal increase, the number of family units along the Southwest border increased 38 percent – 3,500 more than July and the highest August on record.” AILA Doc. No. 18091851

 

HHS Notice of Intent to Fund Additional Beds to Keep Unaccompanied Minors in Custody

HHS (Department of Health and Human Services) notice of intent to provide additional funds for up to 3,800 beds to keep unaccompanied minors in custody. (83 FR 47176, 9/18/18) AILA Doc. No. 18091832

 

USCIS Publishes Revised Form G-28 and Extends Grace Period for Prior Versions

USCIS published a revised version of Form G-28, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives. USCIS extended the grace period for prior versions of G-28s until 11/19/18. AILA Doc. No. 18091734

 

RESOURCES

EVENTS

 

ImmProf

 

Sunday, September 23, 2018

Saturday, September 22, 2018

Friday, September 21, 2018

Thursday, September 20, 2018

Wednesday, September 19, 2018

Tuesday, September 18, 2018

Monday, September 17, 2018

Sunday, September 16, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

PWS

09-26-18

LA TO GET MORE US IMMIGRATION JUDGES: But, Head Of Judges’ Association Says Throwing Bodies At Broken, Politicized, Demoralized Court System Won’t Solve The Due Process Crisis!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8c9f4727-d315-41f8-bab7-12cef47a2f5d

Andrea Castillo reports for the LA Times:

Amid huge backlog, L.A. will get more immigration judges

Head of national jurist group says they’re ‘being used … as a political tool.’

By Andrea Castillo

Los Angeles has the nation’s second-largest immigration court backlog, with 29 judges handling 72,000 pending cases.

That’s including four judges who started within the last few months. An additional 10 were expected to be sworn in this week, according to Judge Ashley Tabaddor, who leads the National Assn. of Immigration Judges.

But she says that won’t fix the problem.

“We’re just transparently being used as an extension of the executive branch’s law-enforcement policies, and as a political tool,” she said.

U.S. Atty. Gen. Jeff Sessions welcomed 44 new judges earlier this month, addressing them at a kickoff for their training with the Executive Office for Immigration Review. He said the administration’s goal is to double the number of judges active when President Trump took office.

“As you take on this critically important role, I hope that you will be imaginative and inventive in order to manage a high-volume caseload,” Sessions told them. “I do not apologize for expecting you to perform, at a high level, efficiently and effectively.”

There are 351 judges in about 60 courts around the country — up from 273 judges in 2016. These judges manage a backlog of nearly 750,000 cases,a figure that has grown from a low of less than 125,000 in 1999. Last year, Sessions introduced a “streamlined hiring plan” that cut the hiring timefor immigration judge candidates by more than half.

The EOIR has the funding for 484 judges by the end of the year, spokeswoman Kathryn Mattingly said.

Tabaddor said the impending quotas and production deadlines, which take effect next month, have caused severe anxiety among judges. Justice Department directives that were announced in April outlined a quota system tied to performance evaluations under which judges will be expected to complete 700 cases a year to receive a “satisfactory” rating.

Hiring more judges won’t be enough to alleviate the pressure they’re all under, Tabaddor said.

“It’s pitting the judges’ livelihood against their oath of office, which is to be impartial decision-makers,” she said, calling it an “assembly-line formula.”

Tabaddor said there also isn’t enough space for new judges, so some might not start right away. She described the downtown L.A. offices as cramped, with law clerks sharing offices or cubicles. And she said additional support staff members have yet to be hired.

andrea.castillo@latimes.com

Twitter: @andreamcastillo

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

Yup! As long as the Immigration Courts are under DOJ, and particularly under the rule of “Gonzo Apocalypto,” it will be an exercise in “throwing good money after bad.”  As I’ve said before (perhaps in the LA Times?), what Sessions is doing is like “taking an assembly line that is producing defective cars and making it run faster so that it will produce even more defective cars.” More or less the definition of insanity, or at least “fraud, waste, and abuse” of Government resources. But, accountability went out the window as soon as Trump took over and the GOP controlled both the Executive and Congress.

For a glimpse of what Immigration Court will look like under the new “Gonzo Quotas,” check out this great video:

https://www.youtube.com/watch?v=HnbNcQlzV-4

We need regime change!

PWS

09-26-18

 

SURPRISE: NIELSEN SIGNED OFF ON FAMILY SEPARATION POLICY THAT SHE DENIED WAS DHS POLICY! — What Else Is She Hiding?

uhhttps://urldefense.proofpoint.com/v2/url?u=https-3A__www.openthegovernment.org_node_5713&d=DwMGaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=5P7-gWBTtD9g2EDR8U0pyQ5iVCpXWh5b63SXxj7pZPM&m=unT_1oNELS6RLAvG9nD3R77o2os6sYCenMRq-R_-2rM&s=JD8fUd4fq0fv1ffIr52beFm1wXvxZTyYd5Z8tkgmYR0&e=

Newly released memo reveals secretary of homeland security signed off on family separation policy

Secretary Kirstjen Nielsen previously denied existence of policy

Open the Government and the Project On Government Oversight have obtained documents through a Freedom of Information Act (FOIA) requestthat provides new insights into internal decision-making behind the separation of thousands of parents from their children at the border earlier this year.

The biggest revelation in the documents is a memo dated April 23, in which top Department of Homeland Security (DHS) officials urged criminal prosecution of parents crossing the border with children—the policy that led to the crisis that continues today. The memo, first reported on by the Washington Post on April 26, but never previously published, provides evidence that Secretary of Homeland Security Kirstjen Nielsen signed off on a policy of family separation despite her repeated claims denying that there was such a policy. The Post appears to have obtained a copy of the memo prior to its signature.

The memo states that DHS could “permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted.” It outlines three options for implementing “zero tolerance,” the policy of increased prosecution of immigration violations. Of these, it recommends “Option 3,” referring for prosecution all adults crossing the border without authorization, “including those presenting with a family unit,” as the “most effective.”

The last page of the memo contains a signature approving Option 3, but the signature—almost certainly Nielsen’s, given that the memo is addressed to her—was blacked out by FOIA officers on privacy grounds. FOIA officials also appear to have redacted the date of the signature indicating approval.

Open the Government and the Project On Government Oversight intend to appeal the redaction of the memo. The Secretary of Homeland Security is a high-level public official; using privacy exemptions to hide her role in major policy decisions is unacceptable.

Open the Government and the Project On Government Oversight did obtain an unsigned, unredacted copy of the same memo, but are unable to post the full document for reasons of source protection. The full memo recommends prosecuting and separating parents because:

…it is very difficult to complete immigration proceedings and remove adults who are present as part of FMUAs [family units] at the border. In fact, only 10 percent of non-Mexican FMUA apprehended during the Fiscal Year (FY) 2014 surge have been repatriated in the nearly four years since their illegal crossing. Of these options, prosecuting all amenable adults will increase the consequences for illegally entering the United States by enforcing existing law, protect children being smuggled by adults through transnational criminal organizations, and have the greatest impact on current flows.

The memo references a pilot of the zero tolerance/family separation policies in the Border Patrol’s El Paso Sector, which the Project On Government Oversight has previously investigated. The memo does not discuss any plan for reuniting separated families, or the harmful effects of separation on children, nor does it reflect any input from the government agencies who would be responsible for caring for the separated children.

The records released in response to the FOIA also include internal DHS directives sent in June and July following court orders to stop separating families, and internal emails discussing failed efforts to bring families back together. One troubling email explains that in July, DHS leadership instructed employees to deport families as quickly as possible, as a way of clearing out space for new families. The email raises questions on whether those deportations violated due-process protections.

At least 182 children remain separated from their parents months after a court-imposed deadline requiring the administration to reunite all of the separated families, according to a court filing dated September 20. The government has not taken all necessary measures to reunify families, according to immigration rights lawyers and non-profit groups.

Katherine Hawkins, an investigator at POGO, said of the DHS documents, “This is a small part of what must be an extensive paper trail on family separation, which needs to be made public so that the officials responsible can be held to account.”

“The newly disclosed documents provide a window into the internal policymaking behind the crisis that continues to haunt thousands of children,” said Lisa Rosenberg, Executive Director of Open the Government. “The administration needs to make available records that are still secret in order to fully understand why decisions were made to separate children from their families, and who made them.”

Read the newly released documents:

Part 1; Part 2; Part 3
CBP response letter

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I’ve raised this point several times before. There is obviously a “paper trail” here, and some agency lawyers knew the truth about the policy that Nielsen was denying publicly and in court.

So, where is the “due diligence” from the DOJ lawyers representing Nielsen, Sessions, the DHS, and DOJ in court? Did the DHS attorneys who knew what the true policy was call the DOJ attorneys and tell them to retract their court denials? Did the DOJ lawyers check with their DHS/ICE colleagues before telling a court that a policy they conceded was unconstitutional wasn’t in effect?

Who is lying here and what has happened to the code of ethics (formerly?) applicable to Government lawyers? And why aren’t more Federal Judges “pushing back” on DOJ attorneys for their sometimes obviously untrue and other times thinly reasoned and meagerly supported positions in court?

While Trump is the undisputed “King of Liars,” Sessions and Nielsen also have well-established reputations for intentional lack of candor and twisting and misrepresenting facts, particularly on immigration policies. So why isn’t there some higher duty on Government lawyers to do “due diligence” when dealing with these known liars?

Thanks to the fabulous Dan Kowalski over at LexisNexis for passing this item along.

PWS

09-26-18

 

Continue reading SURPRISE: NIELSEN SIGNED OFF ON FAMILY SEPARATION POLICY THAT SHE DENIED WAS DHS POLICY! — What Else Is She Hiding?

TRUMP’S OUTLANDISHLY BOGUS CLAIMS LITERALLY MAKE AMERICA A LAUGHINGSTOCK BEFORE THE WORLD’S LEADERS – The “Descended From Immigrants” “Leader” Of Our “Nation Of Immigrants” Tells Immigrants To Stay Away – No Longer The “Beacon Of Hope & Freedom!”

https://www.huffingtonpost.com/entry/trump-to-migrants-stay-home-united-nations_us_5baa5317e4b07dc0b87e3987

Sebastian Murdock reports @ HuffPost:

Trump To Migrants: Stay Home

“Make their countries great again,” Trump said during a United Nations address of those seeking safety in the U.S.
President Donald Trump delivered a speech to the United Nations General Assembly on Tuesday in which he touted nationalism, got laughed at by world leaders, and told migrants to stop coming to the United States.

Trump began his address to world leaders by boasting of his supposed accomplishments.

“In less than two years, my administration has accomplished more than almost any administration in the history of our country … So true,” Trump said. Laughter could be heard from those in attendance.

“Didn’t expect that reaction, but that’s OK,” Trump said.

Later in the speech, the president launched into his anti-immigration views, saying illegal immigration “has produced a vicious cycle of crime, violence and poverty.” He added that the United States will not participate in the U.N.’s new global compact on migration, which the world body said would “develop a global compact for safe, orderly and regular migration.”

“Migration should not be governed by an international body unaccountable to our own citizens,” Trump said. “Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home counties. Make their countries great again.”

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Compare Trump’s dishonest, selfish, and downright cowardly views on immigration with those of President Ronald Reagan as quoted by Philip Klein in an article in the Washington Examiner:

Saying that the setting was fitting, Reagan spoke of the families that came through Ellis Island right by the Statue of Liberty. “These families came here to work,” he said. “They came to build. Others came to America in different ways, from other lands, under different, and often harrowing conditions, but this place symbolizes what they all managed to build, no matter where they came from or how they came or how much they suffered.”

He went on to say that, “They helped to build that magnificent city across the river. They spread across the land building other cities and towns and incredibly productive farms. They came to make America work. They didn’t ask what this country could do for them but what they could do to make this refuge the greatest home of freedom in history. They brought with them courage, ambition and the values of family, neighborhood, work, peace, and freedom. They came from different lands but they shared the same values, the same dream.”

https://www.washingtonexaminer.com/heres-how-ronald-reagan-spoke-of-immigrants-when-he-said-he-wanted-to-make-america-great-again

Selfish nationalism, ignoring international institutions, racism, and “I can do what I want because I’m bigger and have more guns” attitudes are what caused World War I and  World War II. Yet, here is America’s so-called “leader” diminishing us in the world’s eyes and spouting exactly the same type of ignorant, discredited garbage that led to two disastrous World Wars.

No wonder we are losing respect and becoming a laughingstock among nations.

No we’re not “MAGA;’ we’re “MARA” — and we are appearing ridiculous and cowardly to boot. What kind of country elects an “Evil Clown” like Trump to represent them on the world stage.

Get out the vote in November. Decent Americans need to take our country back from Trump and his non-majority “base” before it’s too late — for us and for the world! America is better than this!

PWS

09-25-18

 

HERE’S WHAT A RACIST, WHITE NATIONALIST IMMIGRATION POLICY LOOKS LIKE, AS TRUMP ATTACKS LEGAL IMMIGRATION! — “[C]ultivating xenophobia, as President Trump has done from the beginning of his campaign, and then trading on that fear to drum up votes, does not create much of a foundation for rational dialogue.”

As usual, CNN’s Tal Kopan and her colleague Tami Luhby give us one of the best summaries of what’s happening:

\

How Trump’s new definition of ‘public charge’ will affect immigrants

By Tami Luhby and Tal Kopan, CNN

The Trump administration is seeking to give itself broad latitude to reject immigrants from the US if they have too little income and education, which could effectively impose a merit-based immigration system without an act of Congress.

The change is put forth in a proposed regulation, which would dramatically reshape how the government defines an immigrant likely to be dependent on the government.

President Donald Trump has long touted what he calls a merit-based system of immigration, backing a legislative proposal that would have heavily favored English-speaking, highly educated and high-earning immigrants over lower-skilled and lower-income applicants.

Quietly announced Saturday night, the proposed regulation could give the administration the authority to reshape the population of US immigrants in that direction without legislation.

The rule would mean many green card and visa applicants could be turned down if they have low incomes or little education because they’d be deemed more likely to need government assistance — such as Medicaid or food stamps — in the future.

The proposal applies to those looking to come to the US and those already here looking to extend their stay. And even if immigrants decide not to use public benefits they may be eligible for, the government could, under the proposed rule, still decide they are likely to do so “at any time in the future” and thus reject them from the US.

The administration says the proposed revamp of the so-called public charge rule is designed to ensure immigrants can support themselves financially.

“This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers,” Department of Homeland Security Secretary Kirstjen Nielsen said Saturday.

But immigration advocates say it goes far beyond what Congress intended and will discriminate against those from poorer countries, keep families apart and prompt legal residents to forgo needed public aid, which could also impact their US citizen children.

They also say it will penalize even hard-working immigrants who only need a small bit of temporary assistance from the government.

“(The proposed rule) would radically reshape our legal immigration system, putting the wealthy at the front of the line, ahead of hardworking families who have waited years to reunite,” a coalition of more than 1,100 community advocacy groups wrote in a statement this week. “No longer would the US be a beacon for the world’s dreamers and strivers. Instead, America’s doors would be open only to the highest bidder.”

More: http://www.cnn.com/2018/09/25/politics/immigration-public-benefits/index.html

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Meanwhile, editorials in the NY Times and the LA Times blasted the Administration’s latest anti-immigrant actions:

The NY Times says:

https://www.nytimes.com/2018/09/24/opinion/editorials/immigrants-welfare-benefits-trump-administration.html?em_pos=small&emc=edit_ty_20180925&nl=opinion-today&nl_art=2&nlid=79213886emc%3Dedit_ty_20180925&ref=headline&te=1

An Unhealthy Plan to Drive Out Immigrants

Denying green cards or visas to those on Medicaid or food stamps will only cost the United States more later.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

The Department of Homeland Security, headed by Kirstjen Nielsen, has proposed a new rule that would deny green cards or visas to immigrants here legally who have used public assistance.Andrew Harrer/Bloomberg

The Trump administration has taken another step in its program to use fear and cruelty to drive out legal, as well as illegal, immigrants.

On Saturday, the Department of Homeland Security proposed a rule that would enable it to deny green cards and visas to immigrants here legally who have used public health and nutrition assistance, including Medicaid and food stamps.

The United States already denies green cards and visas to applicants likely to become “public charges.” But that designation has generally referred only to a narrow set of people who need cash assistance or long-term institutionalization.

The new rules would also offer some exemptions — participation in the Women, Infants and Children nutrition program and the Children’s Health Insurance Program would be excluded, for example, as would refugees and asylum seekers and minors with Special Immigrant Juvenile status, meaning they had been abused or neglected.

But it’s not clear that those exemptions would provide sufficient protection. The Kaiser Family Foundation has indicated that fear of being denied residency would most likely cause immigrants to withdraw from both the targeted and the exempted programs. As Politico has reported, even when the current proposal was just a rumor, immigrants began withdrawing from these programs in droves. What’s more, not everyone who should be able to seek asylum or obtain special juvenile status is able to do so.

The Department of Human Services estimates that as many as 382,000 people would be affected by the new rule each year. There is no estimate yet on how many of them would be deemed to be public charges, but that number is likely to be far higher than under the current rules.

Which, of course, is the point. In an announcement on Saturday, Homeland Security Secretary Kirstjen Nielsen said that she expected the rule to “promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”

That rationale is both callous and foolish: Scaring vulnerable populations off public assistance is likely to cost much more in the long run, in part because neglecting preventive health care and basic medical problems makes patients only more expensive to treat down the road. What’s more, Kaiser estimates that more than eight million children who are citizens but have at least one noncitizen parent will be caught in the cross hairs.

The Trump administration, however, is betting that a very public effort to crack down on immigrants, whether they’re here legally or not, will motivate its political base in time for the midterm elections. It’s just one more part of a package that has so far included an effort to detain indefinitely minors who have crossed the border and another to cap the number of refugees at its lowest level ever. It’s the border wall, without the wall.

There’s a real debate to be had over the criteria to decide who can stay in this country and who must go. What is the right way to manage family migration? Or evaluate asylum claims? Or weigh American labor needs against the skills of prospective visa holders? But cultivating xenophobia, as President Trump has done from the beginning of his campaign, and then trading on that fear to drum up votes, does not create much of a foundation for rational dialogue.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion).

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Here’s what the LA Times had to say:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=b270b5ea-1b78-4f77-86a2-3aa238bcde0b

The ‘public charge’ pretext
In an effort to make it more difficult for legal immigrants to live and work in the United States, the Trump administration proposed new rules over the weekend giving officials the right to withhold green cards from applicants who take advantage of a wide range of government programs to which they are legally entitled, including food and housing aid.
And for prospective immigrants who apply for visas from overseas, government officials would have broad power to reject people whom they believe might someday in the future tap government programs for financial support. That change, experts say, will reduce the overall flow of immigration and skew it toward people seeking to emigrate from more advanced countries.
These are unnecessarily strict and hard-hearted rules aimed at solving a problem that social scientists say doesn’t exist.
The government has for decades rejected visa requests and green card applications from people who are likely to become “public charges,” defined since 1999 as “ primarily dependent on the government for subsistence.” That has usually been interpreted, reasonably, to mean people who rely on cash support or people who would require institutional care. Furthermore, the Clinton-era welfare reforms already put major aid programs out of reach for most legal immigrants until they’ve been here for five years; undocumented immigrants are barred from nearly all public support.
Now, however, the administration wants to consider a legal immigrant a “public charge” if he or she receives government benefits exceeding $1,821 (15% of the federal poverty guidelines) over 12 months. The net effect, advocates for immigrants argue, will be a self-purging of people living and working here legally from the rolls of Medicaid, food subsidies and housing support, among other programs.
The government estimates that the new regulations would negatively affect 382,000 people, but advocates say that is likely an undercount. And the rules would keep people from coming to the country who economists say are vital for the nation’s economic growth . President Trump’s xenophobic view of the world stands in sharp contradiction not only to American values, but to its history. We are a country of immigrants or their descendants, and as a maturing society we will rely more and more on immigration for growth. Research shows that even those who start out in low-wage jobs, and thus are likely to get some financial help from the government, often learn skills that move them into higher income brackets and help the overall economy .
These proposed regulations would force immigrants in low-paying jobs to reject help to which they are legally entitled — and which could speed them along the path to financial security — or to jeopardize their ability to remain here. That’s a cruel Solomon’s choice.

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The “Trump GOP” has clearly abandoned the pretense that they are only against illegal immigration. By attacking refugees and other legal immigrants they are making it clear that immigrants no longer are welcome in our “Nation of Immigrants.” Sounds pretty stupid, not to mention unrealistic. But, that’s the essence of “Trumpism.”

PWS

09-25-18

ICE BRINGS MINDLESS CRUELTY TO THE HEARTLAND – Badger State Feels The Sting Of Trumpist Xenophobia!

https://madison.com/ct/news/local/govt-and-politics/they-re-basically-destroying-our-family-madison-leaders-react-to/article_692096c3-556a-58b5-a2e5-9ac77f3f76d4.html

Abigail Becker reports from Madison, WI for The Capital Times:

Gissell Vera was on her way to school Friday morning, but turned around when she received a text message from her aunt informing her that someone had knocked “aggressively” at her door.

Vera, 18, is the strongest bilingual speaker in her family and her language skills were needed at home to get information from the Immigration and Customs Enforcement agents who came to detain her uncle, Erick Gambao Chay.

“They’re basically destroying our family,” Vera said at a press conference Monday at Centro Hispano. “Why are they doing that? It’s just chaos.”

Gambao Chay, a father of three children under the age of 10, was one of approximately 11 individuals known to be detained by ICE agents in the Madison area starting Friday, according to Voces de la Frontera, an immigrants rights advocacy group based in Milwaukee.

Over the weekend, reports of co-workers, employees and family members surfaced on social media, heightening tension in the community.

“It may seem a small number, but these are the breadwinners from the families,” Dane County immigration affairs specialist Fabiola Hamdan said. “They are the ones that are (leaving) behind kids, moms, wives and the community … it’s a super hard day for us, not only Latinos but all immigrants.”

Kazbuag Vaj, the co-executive director of Freedom Inc., reminded those at the press conference that the issue of immigration does not only affect the Latino community. Vaj works with Hmong and Cambodian refugees who could also be vulnerable to ICE.

“As a community that’s already heavily policed because we live in low-income housing and we live right around this area … having ICE, an additional militarism, in this community adds additional stress to the families,” Vaj said. “We are in crisis also.”

‘They are not police’

Voces de la Frontera also reported that ICE agents arrested 15 people in Arcadia, three people in Milwaukee and five in Green Bay as of Monday morning. In some cases, including the arrest of Vera’s uncle, ICE agents are “falsely identified themselves as police,” they said.

Vera explained to a packed room of reporters, local and state officials, and dozens of community members that her family is used to working with local police officers.

“We live in a very unsafe neighborhood, so it’s normal for law enforcement to come and ask questions,” she said. “We always cooperate because we live in a really united community.”

The agents identified themselves with ICE and arrested Gambao Chay as his children clung to him. Gambao Chay’s three children and wife were previously hiding in the attic for fear of deportation.

“Once my uncle walked up to the door, they said, ‘We’re ICE police and you have to come with us because you haven’t been behaving well and you don’t have the right to be here,’” Vera said.

Mayor Paul Soglin said the tactic is a lie used by ICE to “create confusion and worsen an already bad situation.”

“We are going to continue to protest the use of police in regards to ICE’s activities,” Soglin said. “They are not police. They are federal agents who are using their authority to come into a local situation.”

Soglin said the city’s priority is to identify the individuals who have been detained and get them access to legal services. He also requested a meeting with mayors from across the nation and ICE officials to discuss the lack of communication with local agencies.

“We do not need you making your determination that someone who may have some traffic violations, someone who may only be undocumented or have some other minor offenses is someone who is of danger to our community,” Soglin said, directing his comments to the federal agency.

Madison Police Chief Mike Koval and Dane County Sheriff Dave Mahoney have reiterated their commitment to the Madison and Dane County community and not to enforcing immigration law.

Koval said Friday that he was not informed that ICE would be in the area even though the MPD has a standing agreement with the agency to be notified when agents will be in the community. Koval has reiterated that enforcement of immigration laws remains primarily with the federal government.

“To this end, MPD will not self-initiate contact, detain, arrest, or investigate any person(s) solely for a suspected violation of immigration status laws,” according to the department’s code of conduct.

MPD cooperates with ICE when the operation deals with “serious crimes directly relating to public safety” including the following situations as listed in the MPD’s standard operating procedure on the enforcement of immigration laws:

  • The individual is engaged in or is suspected of terrorism or espionage.
  • The individual is reasonably suspected of participating in a criminal street gang.
  • The individual is arrested for any violent felony.
  • The individual is a previously deported felon.

Mahoney has refused to cooperate with ICE and rejected requests by ICE to hold people for 48 hours after they post bail or serve their sentences so ICE officials can arrange to detain them.

“Raiding our community without notifying local law enforcement puts our community at risk,” Mahoney said.

U.S. Rep. Mark Pocan called ICE an “increasingly rogue agency” and has strayed from what said is the agency’s original purpose, which was to “protect domestically from terrorism.” Pocan said the agency would publish a list online of individuals who have been detained within the next two days.

“To not tell the sheriff you’re coming in and doing raids, to not tell the Madison police, to not talk to your federal representatives along the way, is exactly what’s wrong with the agency,” Pocan said.

Those who have been affected by ICE can call Hamdan, the Dane County’s immigration affairs specialist, at 608-242-6260.

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Meanwhile, up in Green Bay, things are no better:

https://www.greenbaypressgazette.com/story/news/2018/09/24/ice-making-arrests-green-bay-madison-milwaukee-immigration-rights-group-says/1414936002/

, report for the Green Bay Press-Gazette:

GREEN BAY – A father of eight children, and a man preparing for his children’s baptism, were among at least six people arrested in Green Bay this weekend in a U.S. Immigration and Customs Enforcement operation carried out in more than a dozen Wisconsin counties.

No one from ICE could say Monday who had been arrested, or what charges they might face.

“Yesterday, ICE knocked on my door and took my ex-husband and the dad of my kids,” Cruz Sedano said through a translator at a community meeting Monday.  “… we were all preparing for my (children’s) baptism.”

The ICE operation was unusual in that Green Bay authorities had no notice that an operation was planned. The agency in the past has alerted police when they’ve planned an operation, and sometimes asks for assistance, city Police Chief Andrew Smith said.

Police officials and a representative from the mayor’s office met with members of the Hispanic community Monday night at Peace United Methodist Church, which hosted a community meeting with the hope of answering questions and calming fears about the arrests.

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As children played outside the meeting, Smith and Celestine Jeffreys, chief of staff to Mayor Jim Schmitt, tried to reassure people that the city wants to protect community residents within the bounds of the law. But they also acknowledged that ICE has the authority to enforce federal immigration statutes.

“Unfortunately, this is the ugly balance that we have to strike as a municipality in between the community and the federal government,” Jeffreys said. “So we cannot inform the community that ICE is here … I know that’s an answer you don’t want to hear.”

‘Very afraid’

The arrests clearly sent ripples of fear through the Hispanic community, whose members worry a loved one or neighbor could be arrested and deported.

Maria Plascencia, director’s assistant at the Green Bay-area Hispanic resource center Casa ALBA Melanie, said her group fears “many more” arrests are possible.

“This community is very afraid to send their kids to school, because they do, it (might be) the last time they will see them,” Plascencia said.

She said her agency has fielded questions since Friday from community members who had family members arrested.

Smith said the arrests were part of an ICE operation in 14 counties. Milwaukee, Dane and Trempealeau counties also saw similar arrests by Immigration and Customs agents, the group Voces de la Frontera reported.

An ICE spokesman wouldn’t discuss details of the Green Bay arrests Monday afternoon, but said in a statement the agency focuses on people “who pose a threat to national security, public safety and border security.”

‘Targeted arrests’

“ICE officers are out in the community every day conducting targeted arrests,” the statement said. “ICE conducts targeted immigration enforcement in compliance with federal law and agency policy. While looking for those specific individuals, ICE officers sometimes encounter others who have violated U.S. immigration laws.

“However, as leadership has made clear, ICE does not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of U.S. immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”

Police chief Smith said this ICE visit was different. “It’s been their standard operating procedure to let local law-enforcement know,” Smith said. “They did not call us this time.”

ICE will typically inform police about who the group is looking for, and inform the department about specific individuals if they are wanted for felony crimes, Smith said.

He said Green Bay police do not ask people they arrest about citizenship, saying that remains a federal issue and that the department’s priority remains keeping the city’s residents and visitors safe.

“I understand there’s a lot of fear, there’s a lot anxiety, there’s lot of apprehension,” he told the group. He reminded them that police are here to protect “anybody who’s been a victim of a crime … who’s being extorted (because they might be worried about their citizenship status) … or being used by their landlord or their bosses.”

At least two of the people arrested this weekend were in the U.S. as part of Deferred Action for Childhood Arrivals, or DACA, said the Rev. Ken DeGroot, co-founder of Casa ALBA.

DACA allows some people who arrived in the U.S. illegally as children to receive deferred action from deportation and become eligible for a U.S. work permit in the U.S.

‘Tearing apart families’

At Monday night’s meeting, Sedano told the audience about the arrest of her former husband, Antonio Juarez. She said ICE officers arrested Juarez, father of her two children, allowed other family members to remain inside the house.

“I do have to say that ICE behaved well with us,” she said in Spanish. “… they returned all of his belongings, and gave us phone numbers so that we could be in contact with them.”

DeGroot, though, said the arrests are bad for the community.

“They’re tearing apart families, they’re arresting good people. They’re causing tremendous suffering and trauma,” he said. “They are also depriving families of being supported.”

He said his group is advising people not to open their doors for people they don’t know. If someone says he or she is part of law enforcement, DeGroot said, the person should insist on seeing a warrant from a judge.

President Donald Trump has declared cracking down on illegal immigration to be one of his priorities. The crackdown, which includes discussion of a wall along the U.S.-Mexico border, has proven controversial, particularly among advocates for immigrants from Mexico and other Spanish-speaking countries.

‘Same fears, same dreams’

Witnesses in Green Bay said one man was convinced to come outside his house to answer questions about ownership of a car parked outside, and one of the men arrested is a father of eight.

Smith said the people who were arrested were taken to Dodge County. Dodge’s sheriff, Dale Schmidt, said the jail has a contract with the federal government to house prisoners and houses federal inmates daily.

Schmidt wouldn’t say if any prisoners were from this weekend’s ICE arrests.

Voces de la Frontera said 11 people had been arrested in the Madison area, three in Milwaukee and 15 in Trempealeau County, north of La Crosse. The group said arrests were made at workplaces, during traffic stops and in homes.

“Many of us are great people, hard-working, with the same fears and same dreams as anyone else,” said Plascencia, the Casa ALBA official.

In Madison, Mayor Paul Soglin planned to meet with law enforcement officials and community organizers to get a better idea of the number of people detained by ICE officials, the Associated Press reported.

Madison officials say ICE detained immigrants without prior communication with the police department. Police Chief Mike Koval says the department has an agreement with ICE to know when and where arrests are made.

Shelby LeDuc contributed to this story.

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Tearing families apart and spreading terror in American communities. Small wonder that the “Sanctuary Cities” movement is growing and that “Abolish ICE” is gaining steam.

Remember, I predicted early on that under the inhumane, senseless, and ultimately ineffective leadership of Trump, Sessions, Homan, and Nielsen, ICE would become the most despised law enforcement agency in America.  They are ahead of schedule.

PWS

09-25-18

DUE PROCESS MOCKED, COURT SYSTEM IN CHAOS! — NAIJ President A. Ashley Tabaddor Speaks Out Against Sessions’s Bias & Politicization Of U.S. Immigration Courts!

https://www.voanews.com/a/immigration-judges-say-new-quotas-undermine-independence/4582640.html

From VOA News:

Immigration Judges Say New Quotas Undermine Independence

The nation’s immigration court judges are anxious and stressed by a quota system implemented by Attorney General Jeff Sessions that pushes them to close 700 cases per year as a way to get rid of an immense backlog, the head of the judges’ union said Friday.

It means judges would have an average of about 2½ hours to complete cases — an impossible ask for complicated asylum matters that can include hundreds of pages of documents and hours of testimony, Judge Ashley Tabaddor said.

“This is an unprecedented act, which compromises the integrity of the court and undermines the decisional independence of immigration judges,” she said in a speech at the National Press Club, in her capacity as head of the union. Tabaddor said the backlog of 750,000 cases was created in part by government bureaucracy and a neglected immigration court system.

“Now, the same backlog is being used as a political tool to advance the current law enforcement policies,” she said.

Signature issue

Curbing immigration is a signature issue for the Trump administration, and the jobs of the nation’s more than 300 immigration judges are in the spotlight.

They decide whether someone has a legal basis to remain in the country while the government tries to deport them, including those seeking asylum. Tabaddor presides in Los Angeles, where she oversees 2,000 cases, including many involving juveniles.

The judges are employees of the Justice Department’s Executive Office for Immigration Review, which is overseen by the attorney general — unlike the criminal and civil justice systems where judges operate independently.

Immigration court judges have repeatedly asked for independence, and Tabaddor brought it up again Friday, calling the current structure a serious design flaw.

A Justice Department spokesman said the union has repeatedly tried to block common-sense reforms that would make the judges’ jobs better, and that the proper home for the courts is where they are right now, under DOJ.

FILE - The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)
FILE – The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)

Earlier this year, the Justice Department sent a memo to immigration judges telling them they would need to clear at least 700 cases a year in order to receive a “satisfactory” rating on their performance evaluations. Sessions has pushed for faster rulings and issued a directive that prevents judges from administratively closing cases in an effort to decrease the backlog by 50 percent by 2020.

This month, he appointed 44 new judges, the largest class of immigration judges in U.S. history, and has pledged to hire more. He said in a speech to the judges that he wouldn’t apologize for asking them to perform “at a high level, efficiently and effectively.”

Tabaddor wouldn’t say whether the quotas were also putting pressure on judges to deport more people — not just decide cases faster.

“There’s certainly no question they’re under pressure to complete more cases faster,” she said. “I think I would just say listen to the attorney general’s remarks and you can decide what messaging is going to be sent.”

Asylum qualifications

Earlier this summer, Sessions tightened the restrictions on the types of cases that can qualify someone for asylum, making it harder for Central Americans who say they’re fleeing the threat of gangs, drug smugglers or domestic violence to pass even the first hurdle for securing U.S. protection.

Immigration lawyers say that’s meant more asylum seekers failing interviews with U.S. Citizenship and Immigration Services to establish credible fear of harm in their home countries. They also say that immigration judges are overwhelmingly signing off on those recommendations during appeals, effectively ending what could have been a yearslong asylum process almost before it’s begun.

President Donald Trump hasn’t been behind the move to bolster the roster of judges. “We shouldn’t be hiring judges by the thousands, as our ridiculous immigration laws demand, we should be changing our laws, building the Wall, hire Border Agents and Ice,” he said in a tweet in June, referring to Immigration and Customs Enforcement.

Watch the C-Span replay here:

https://archive.org/details/CSPAN2_20180921_170200_Federal_Immigration_Judge_Discusses_Court_System

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We need an Article I independent US Immigration Court now!

Congress seems to be tied up in knots. Will the Article IIIs step up and begin enforcing the Due Process clause of the Constitution?

The solutions — remand every case for a new hearing  in which: 1) Jeff Sessions shall not be involved, and 2) all precedents issued by Jeff Sessions are considered null and void. Jeff Sessions shall, however, be allowed to appear and make arguments as the attorney for DHS.

The Immigration Court System is collapsing. The lives of hundreds of thousands are at risk. We need less talk and more action to enforce Due Process!

Some historical perspective: EOIR once illegally tried to bar Judge Tabaddor from hearing Iranian cases because she attended a reception with other prominent Iranian Americans!  Compare that the with the overt, unethical anti-immigrant bias that Jeff Sessions spews out on a regular basis. His bias affects justice for every respondent appearing in Immigration Court.

Is 21st Century America going to permit “political show trials” every day in Immigration Court?

PWS

09-24-18