November 2018 – immigrationcourtside.com

US DISTRICT JUDGE TIGAR STUFFS ADMINISTRATION SCOFFLAWS’ STAY REQUEST!

https://www.cnn.com/2018/11/30/politics/asylum-injunction-ruling-immigration/index.html

Ariane de Vogue and Geneva Sands, report for CNN:

Washington (CNN)A federal judge in California on Friday left in place a nationwide injunction that blocks the President’s asylum restrictions from going into effect.

Judge Jon S. Tigar of the US District Court for the Northern District of California said the government had not shown that the President’s policy “is a lawful exercise of Executive Branch authority.”

Lawyers for the Department of Justice had asked Tigar to lift his temporary restraining order — issued November 19 — while the appeals process plays out.

But Tigar refused to do so, holding that the government had failed to convince him that asylum seekers with legitimate claims would not suffer “significant harms” due to the new policy.

RELATED: Trump rails against 9th Circuit Court of Appeals in wake of asylum ruling

The move comes after President Donald Trump lashed out last week at Tigar, and said he would ultimately prevail in the case before the Supreme Court.

Earlier this month, Trump signed a proclamation that would have prevented most migrants who crossed the southern border illegally from seeking asylum.

The American Civil Liberties Union immediately sued the administration on behalf of asylum assistance groups in California. Within 10 days of the President’s proclamation, Tigar granted the ACLU’s request for a temporary restraining order. The policy has since been in legal limbo.

“We are pleased the district court continues to recognize the harm that will occur if this illegal policy goes into effect,” ACLU lead attorney Lee Gelernt said in a statement Friday.

Asked for comment, the Justice Department referred CNN to a statement issued by Homeland Security Department spokeswoman Katie Waldman and Justice Department spokesman Steven Stafford after the temporary restraining order was issued, which says in part: “Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year. As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of aliens into this country.”

When he issued his order on November 19, Tigar said the Trump administration policy barring asylum for immigrants who enter outside legal checkpoints “irreconcilably conflicts” with immigration law and the “expressed intent of Congress.”

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote, adding that asylum seekers would be put at “increased risk of violence and other harms at the border” if the administration’s rule is allowed to go into effect.

On behalf of the administration, Department of Justice attorneys had argued that the court’s injunction “directly undermines the President’s determination that an immediate temporary suspension of entry between ports of entry is necessary to address the ongoing and increasing crisis facing our immigration system.”

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The statements issued by the DOJ and DHS claiming that there are “tens of thousands of meritless asylum applications” are misleading, at best. While it is true that more asylum applications are denied than are granted, (a stark reversal of the situation only a few years ago), that by no means makes them “meritless” or means that the individuals didn’t have a right to have their cases fairly adjudicated under our laws.

Indeed, the latest TRAC statistics showing a continuously declining asylum grant rate under Trump, notwithstanding worsening conditions in the Northern Triangle and in most other asylum sending countries, strongly suggests that it is the Government’s bias and blatant politicization of the Immigration Court system that is the real abuse here.

http://trac.syr.edu/immigration/reports/539/

Clearly, Session’s perversion of the law and facts in Matter of A-B- in an effort to deny protection to one of the most clearly persecuted groups in the world — women who are victims of gender based persecution in the forms of domestic violence — is a prime example of the type of improper racist-inspired political meddling that has been allowed to take place. It has destroyed the remaining integrity of the Immigration Court system, as well as endangered the lives of many deserving refugees in need of protection to which they are legally entitled but are being denied for improper reasons. When history eventually sorts out this sordid episode, the racist officials and the “go along to get along” judges and other government officials will be clearly identified for what they are.

The idea that the U.S. Government, which has purposely created a bogus “emergency” at the Southern Border with the political stunt of sending troops rather than Asylum Officers and Judges, is preposterous! While the poor asylum seekers face a genuine danger intentionally and cynically created by Trump and his White Nationalists, they pose no real threat to the U.S. Fortunately, Judge Tigar saw through the Administration’s contemptuous threats and disingenuous arguments to the contrary.

PWS

111-30-18

TRUMP’S CRUEL, RACIST, ILLEGAL, COWARDLY, & INHUMANE TREATMENT OF MIGRANTS SHOULD HAVE ALL DECENT AMERICANS HANGING THEIR HEADS IN SHAME! — “Our responses need to be couched in compassion for our fellow human beings, rather than in political calculations based on the presumed intentions of a racist voting bloc.”

https://www.truthdig.com/articles/trumps-tear-gassing-of-migrants-is-the-next-step-in-a-cruel-dehumanization-campaign/

Sonali Kolhatkar reports for TRUTHdig:

The Trump administration’s use of tear gas at the U.S. border with Mexico over the weekend has rightfully generated outrage. Just as the photo of a 2-year-old Honduran girl crying at the border this summer became a symbol for Donald Trump’s family separation policy, a photo of a terrified mother dragging her screaming twin daughters away from tear gas fired by the U.S. Border Patrol last weekend embodies the latest Trumpian act of cruelty toward desperate refugees. Maria Lila Meza Castro and her five children had made the long and arduous journey from Honduras to the U.S. border with the refugee caravan only to find herself shut out by Trump’s troops and fleeing toxic fumes.

But where many of us see desperate refugees, Trump and his backers see invading hordes. The optics of the violence inflicted on people across the border has had a different effect, depending upon one’s politics. Liberal-minded Americans felt horror and rage at seeing parents and their children choke from the tear gas, while rabid nativists like Fox News’ Tomi Lahren reveled in the severity of Trump’s actions. Lahren tweeted, “Watching the USA FINALLY defend our borders was the HIGHLIGHT of my Thanksgiving weekend.”

The media attention at the border is part of Trump’s plan to highlight to his base just how well he is protecting the U.S. from an invasion of brown people determined to enter the nation. His goal is to dehumanize and demonize.

But thanks to his repeated focus on the border, we are now seeing in graphic detail the dynamics of our immigration enforcement machinery through the camera lenses of journalists and the social media feeds of activists. The photographer who captured the images of Castro and her children running away from tear-gas fumes would likely not have been present at the scene had Trump simply ignored the refugee crisis on his Twitter feed and at his political rallies. Most of us are not aware that the U.S. Customs and Border Protection (CBP) agency has routinely used tear gas at the U.S.-Mexico border, including under President Barack Obama. CBP responded to Newsweek’s request for information with details about how “its personnel have been using tear gas, or 2-chlorobenzylidene malononitrile (CS), since 2010, deploying the substance a total of 126 times since fiscal year 2012.” The rate of tear-gas use has spiked under Trump, however. CBP also told the media outlet that it “routinely uses” pepper spray. Trump’s strategy to focus on the refugees as a midterm election campaign issue has backfired and inadvertently exposed the federal government’s cruelty toward immigrants.

Trump has tried hard to spin the weekend incident in his favor. On three occasions on Monday alone, the president dug in his heels about news from the border. During a rally in Mississippi for Republican Senate candidate Cindy Hyde-Smith, Trump read a statement that said, “We will not tolerate any form of assault or attack upon our border agents … or any attempt to destroy federal property … or bring chaos and violence to American soil.” Later, speaking to reporters, Trump defended the use of tear gas, saying that Border Patrol forces “were being rushed by some very tough people,” repeating the claim that agents were acting in self-defense against violent invaders. At a roundtable the same day, Trump went as far as accusing people of being “grabbers,” saying people “grab a child because they think they’re going to have a certain status.” The claim is so ludicrous that had it come out of the mouth of any other president before Trump, it would have caused tremendous controversy.

Whether Trump’s base is buying his spin is arguable. After the president hammered on the “migrant caravan” issue for weeks before the midterm elections, going as far as deploying thousands of military troops and barbed wire along the border, Democrats won a large number of seats in the House and flipped an embarrassingly large number of red seats to blue. It might be that the anti-immigrant fearmongering has hit a wall.

Unfortunately, the Democratic Party is doing its usual job of casting itself as Republican-lite on immigration. Instead of distancing himself from Trump’s widely denounced cruelty, Senate Minority Leader Chuck Schumer has decided his party will indeed support the president’s xenophobic plan for a border wall—just not to the extent Trump wants. Rather than the $5 billion in funding that Trump is demanding, Schumer has offered to support a $1.6 billion appropriation—not exactly the type of bold thinking demanded by a blue-wave mandate. Schumer appears to be channeling the same sort of centrist appeasement of right-wing values that makes his party so unpopular.

Perhaps the Democratic leader was taking the advice of New York Times opinion writer Thomas Friedman, who penned a sanctimonious screed calling on Democrats “to be the adults” and assure the public “that they’re committed to securing our borders.” Friedman also flippantly referred to undocumented immigrants by using the favored right-wing slur of “illegals.” Conservative outlets loved his proposal to build a “high wall with a big gate.”

Schumer and Friedman’s thinking reflects what former presidential candidate Hillary Clinton said to The Guardian a week ago when she suggested that in order for European leaders to curb the right-wing populist wave across their continent, they must show that they are “not going to be able to continue to provide refuge and support.” She added, “I think Europe needs to get a handle on migration, because that is what lit the flame.” Nesrine Malik, a columnist for the paper, responded to the interview, saying aptly, “[T]he former presidential candidate illustrated how a certain brand of centrist politician has no rebuke or response to the far right other than to mimic their tactics.”

Politicians are presenting the public with a set of opposing ideas that they say characterizes the current debate on immigration: “open borders” versus “zero tolerance.” But that is a red herring. It does not address the fact that Central Americans who are fleeing violence in countries like Honduras (which the U.S. has had a hand in destabilizing) are seeking asylum. Asylum seekers have clear and tangible rights under both U.S. and international law. The Trump administration’s year-long effort to change existing asylum laws is a testament to this hard fact. Trump and his colleagues are trying to change the rules of the game because as the rules currently stand, refugees have a right to make a case for asylum within the U.S. (not Mexico).

The thousands of human beings currently camped out in Tijuana in desperate conditions, at the end of a long and arduous journey, are real people. Period. Their humanity should be the starting point of our conversations about immigration and asylum. As this journalist writing for Teen Vogue has done in her profile of seven young people traveling in the caravan, we need to see the faces and hear the stories of migrants’ lives before taking the word of our political leaders. Our responses need to be couched in compassion for our fellow human beings, rather than in political calculations based on the presumed intentions of a racist voting bloc.

Sonali Kolhatkar

Columnist

Sonali Kolhatkar is a columnist for Truthdig. She also is the founder, host and executive producer of “Rising Up With Sonali,” a television and radio show that airs on Free Speech TV (Dish Network,

IN THIS ARTICLE:

border patrol build the wall caravan cindy hyde-smith donald trump immigration mexico migrant sonali kolhatkar tear gas tomi lahren trump presidency

COMMENTS

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Immigration is about humanity, human rights, the rule of law (asylum applicants are exercising rights guaranteed by our statutes and international law as well as a fair determination process guaranteed by our Constitution) and whether we really believe in our Constitution’s guarantee of Due Process for everyone in the U.S.

PWS

11-30-18

FEAR & LOATHING IN THE WHITE HOUSE — Trump Is The “Anti-FDR”

https://www.nytimes.com/2018/11/28/opinion/trump-the-monster-who-feeds-on-fear.html

Jennifer Finney Boylan in the NY Times:

It took Donald Trump to make me associate Franklin Roosevelt with Pennywise the Dancing Clown.

It was Roosevelt, of course, who, in his first inaugural address, said that “the only thing we have to fear is fear itself.” That remarkable speech, delivered before Congress on March 4, 1933, is worth revisiting, and not least for the dignity of its rhetoric. The speech outlined the strategy with which Roosevelt would combat the Great Depression; its hope was to inspire, to bring people together and above all, to reassure the nation that we would “revive and prosper.”

The primary obstacle to this restoration was not economics but fear: “nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” A key strategy for conquering that fear, he went on, is speaking with candor: “This is pre-eminently the time to speak the truth, the whole truth, frankly and boldly.”

If, 85 years later, you wanted to imagine the presidency of Mr. Trump in a nutshell, simply take all of the generousness and wisdom in Roosevelt’s first inaugural address and do the opposite.

The only thing Mr. Trump has is fear itself.

He wants us to be afraid, for it is fear that divides us, that sets us one against the other. If there is anything frank and bold about this presidency, it is Mr. Trump’s ability to invent falsehoods out of fairy dust and marzipan, solely to make us afraid — of immigrants, of transgender people, of one another.

It doesn’t matter to him that most of the things he urges us to be afraid of pose no danger. What matters is that his paranoid inventions suck up our attention and make us focus, week after week, upon him.

Those of us in the media devote endless hours to refuting the latest barrage of hooey emanating from the White House. But even in this, we’re still amplifying his noise and nurturing, even in the process of refutation, the fear on which the man thrives.

All of which makes covering this White House very difficult indeed. When Jim Acosta’s press credentials were suspended recently, the British journalist Jane Merrick suggested a mass boycott of the briefings. But as Masha Gessen in The New Yorker observed, this action “would mean walking away from politics altogether, which, for journalists, would be an abdication of responsibility.”

So we can’t ignore him, and we can’t report on him without engaging in his game. In so many ways we’re trapped — which is, one suspects, exactly what this president wants.

There’s a well-worn trope in horror fiction about the Monster Who Feeds on Fear. These are creatures or forces who thrive on negative emotions and whose power over you is in direct proportion to the terror they can generate: Vincent Price’s “The Tingler”; the Scarecrow character in the Batman franchise; Marvel Comics’ Mister Fear; the Dark Side in “Star Wars.”

The most fully imagined of these monsters, in my opinion, is Stephen King’s Pennywise the Dancing Clown in the novel “IT,” who prefers above all to devour children, because their fears are the easiest to manipulate. It’s a process he compares to “salting the meat.”

If this were a horror movie, our heroes would understand that the only way to defeat the monster is by refusing to be afraid of it, to shrink it through indifference.

This being reality, though, that path is really not available to us — either as journalists or as citizens. Try as we might, we cannot ignore the president of the United States.

But we still have options.

One of them is legal action. PEN America — the advocacy group promoting free expression worldwide (and on whose board I serve) — filed suit this fall in federal court to stop President Trump from using the machinery of government to retaliate or threaten reprisals against journalists and media outlets for coverage he dislikes. There is other legal action pending against Mr. Trump and his administration as well, including whatever emerges from the Mueller investigation.

These actions will give this president ample reason to feel some of the fear he has inflicted on others.

The other strategy is the one thing that Mr. Trump appears to fear most, for it is the one thing that all his riches and power have apparently never brought him. And that thing is a sense of humor.

In J.K. Rowling’s “Harry Potter” stories, one of the most terrible creatures our young heroes can face is the boggart — a creature that feeds on fear. A boggart takes the form of whatever it is you fear the most. Harry sees a wraithlike creature called a Dementor; Ron Weasley sees a giant spider; Neville Longbottom sees the cruel and mysterious Professor Snape.

Get exclusive commentary from Nicholas Kristof and be the first to read his Thursday and Sunday columns.

These apparitions are not dispelled through violence, or cruelty, or by building a giant wall. In the genius of Ms. Rowling’s imagination, they are vanquished with a charm called “Riddikulus,” which turns the boggart into an object of derision. In the wake of this charm, Ron’s spider winds up on roller skates; Neville’s Snape finds itself in his grandmother’s pajamas.

It’s no coincidence that this president is famous for having no sense of humor. It is comedy, above all, that peels the masks off liars and reveals the truth — the virtue that Roosevelt deemed most necessary to convert retreat into advance.

Want to conquer fear? Tell better jokes — and not the easy kind, salted with cruelty and malice, but the more complex, generous and fundamentally American variety, as pioneered by Mark Twain, or Richard Pryor, or Lily Tomlin.

Let the rule of law, the power of truth and the subversion of humor vanquish this boggart for good. In so doing we shall assert our firm belief: The only thing we have to fear is Trump himself.

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

Correction: November 28, 2018

An earlier version of this article misstated the surname of the writer of a New Yorker article on White House press briefings. She is Masha Gessen, not Masha Green.

Jennifer Finney Boylan, a contributing opinion writer, is a professor of English at Barnard College and the author of the novel “Long Black Veil.” @JennyBoylan

A version of this article appears in print on Nov. 29, 2018, on Page A27 of the New York edition with the headline: A Monster Who Feeds On Fear. Order Reprints | Today’s Paper ******************

A small man with a small mind and the heart of a coward. The thing he hates the most is when the rest of us stand up to, expose, and challenge his lies, false narratives, and constant bullying of the most vulnerable among us.

PWS

11-30-18

THE NEW YORKER: “Satire from The Borowitz Report: Cindy Hyde-Smith Says She Never Lost Faith in Mississippi’s Racists”

Cindy Hyde-Smith Says She Never Lost Faith in Mississippi’s Racists

By Andy Borowitz

10:56 A.M.

Photograph by Drew Angerer / Getty

JACKSON, MISSISSIPPI (The Borowitz Report)—Celebrating her election victory on Tuesday night, U.S. Senator Cindy Hyde-Smith said that, despite predictions that her state was ready to turn the page on its shameful past, “I never lost faith in Mississippi’s racists.”

“For weeks, we’ve been hearing national pundits say that Mississippi was ready to enter the twenty-first century,” Hyde-Smith told a crowd of supporters at her victory rally. “Tonight, with your help, we proved them wrong.”

Hyde-Smith said that, despite the media’s unearthing of a cavalcade of embarrassing comments and actions from her past, “I never doubted that, at the end of the day, the people of Mississippi would listen to the racist voices in their heads.”

Choking back tears, Hyde-Smith thanked her supporters for honoring Mississippi’s storied heritage of hatred and cruelty.

“Mississippi voters do not want to tear down the relics of our Confederate past,” she said. “As such a relic, I am eternally grateful.”

Exit polls showed that Hyde-Smith performed extremely well with voters who described themselves as bigots, and dominated among those who could not correctly spell “Mississippi.”

THE HILL: Here’s Nolan’s Somewhat Different Take On The Effect Of Trump’s Executive Order!

https://thehill.com/opinion/immigration/418364-trumps-proclamation-still-bars-the-entry-of-asylum-seekers-who-cross

Nolan writes:

. . . .

Judge Tigar acknowledged the stipulation and concluded that the case therefore did not present the question of whether section 212(f) authorized Trump to directly limit asylum eligibility by proclamation.

I believe – based on my own experience – the situation is a Catch 22.

The proclamation does not render illegal crossers ineligible for asylum. It bars their entry into the United States.

It’s the not being able to enter that keeps them from getting asylum.

The temporary restraining order prevents Trump from taking any action to continue or to implement the rule, but it leaves his proclamation untouched.

Accordingly, while the injunction is in effect, immigration judges won’t be able to find illegal crossers “ineligible” for asylum for violating the proclamation. But neither will they be able to grant asylum to them. They are barred by the proclamation from entering the United States, and they can’t be asylees if they aren’t allowed into the country.

. . . .

The immigration organizations almost certainly will file another motion for a preliminary injunction that will request a restraining order to prevent the implementation of the proclamation too.

That will be more challenging in view of the Supreme Court’s holding in the Travel Ban case that section 212(f) “exudes deference to the President in every clause. It entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions.”

It would be better if the asylum seekers just would comply with our laws by requesting asylum at one of the 48 ports of entry on the Mexican border instead of crossing illegally.

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Please click the above link to read Nolan’s complete article in The Hill.

It actually appears that most members of the “Migrant Caravan” are doing just what Nolan suggests: waiting at ports of entry to be screened for asylum. The real problem here is that the Trump Administration is purposely not processing individuals in a reasonable or timely manner. To the extent that there is a “crisis,” it is entirely self-created by the Administration.

Very recent studies show, there is no “immigration crisis” in the U.S. today. https://apple.news/AZ5i84P0YQRiJSItfS1fgtQ

The number of undocumented individuals has leveled off and even declined. Two thirds of them have been there more than a decade and have basically integrated into our society. Fewer than 20% actually arrived within the past five years, and the majority of the “recent arrivals” appear to be non-immigrant “overstays” rather than irregular border crossers. With a better and wiser Administration, current laws can actually accommodate and fairly process those arriving from the Northern Triangle and claiming asylum.

Indeed, the “numbers” suggest, as I have said many times, that a “rational” approach to immigration would be to remove the many cases of those with no serious crimes from the Immigration Court dockets pending the passage of legalization legislation (favored by a majority of voters). That would free up adequate time for those courts to timely hear cases of recently arriving asylum applicants, those with serious criminal convictions, and other more recent arrivals. And, it would cost the taxpayers less than the bone-headed fake immigration crises and bogus responses being orchestrated by the Administration is support of their racist, White Nationalist agenda.

In any event, the “border crisis” is just another self-created scam, fairly typical of Trump and his corrupt and incompetent Administration.

PWS

11-29-18

HERE’S WHAT THE DISHONEST SCOFFLAW OFFICIALS IN THE TRUMP ADMINISTRATION DON’T WANT YOU TO KNOW: Many Who Escape From The Northern Triangle Are, In Fact, Refugees — When They Are Given Access To Competent Counsel & Fair Hearings Before Fair & Impartial Judges, They Often Succeed In Getting Protection! – Here’s Another “Real Life” Example!

“New Due Process Army” stalwart, Professor Alberto Benitez of the George Washington Law Immigration Clinic, reports:

Friends,

Please join me in congratulating Immigration Clinic student-attorney Megan Elman, and her clients, R-G, his wife, J, and their two kids, ages 10 and 5 respectively, R and L, from El Salvador. This afternoon, after a two and a half-hour hearing, IJ Cynthia S. Torg granted the clients’ asylum application.

R-G was a maritime police officer, and because of that status, he and his family were threatened with death by mara gang members. During an outing at the beach, the family had a gun pointed at them while being threatened. One of the maras told R-G that his order was only to tell him to move away, but he wished he had been given the order to kill him, because he would have preferred to cut off R-G’s head and hang it from a tree. Afterward, R and J tried to file a complaint with their local police, but were advised by the police not to bother and instead flee the country. That night, unknown, masked, armed men appeared outside their house. Eventually the men left, but the family decided to flee to the USA.

Congratulations also to Sarah DeLong, Jonathan Bialosky, Solangel González, and Sam Xinyuan Li, who previously worked on this case.

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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
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Contrary to what the Trump Administration and EOIR Management would have you believe, these types of cases are neither unique nor extraordinary in their factual setting. I encountered lots of “slam dunk” Northern Triangle asylum, withholding, and/or CAT cases at the Arlington Immigration Court.

What is unusual is that these individuals; 1) got access to the hearing process, 2) had access to competent pro bono counsel, 3) had sufficient time in a non-detained setting to gather evidence in support of their applications, 4) were given sufficient time to fully present their cases in court, 5) didn’t have to wait many years for their final hearing, and 6) and perhaps most significantly, were fortunate enough to have a fair, impartial, and scholarly Immigration Judge like Judge Cynthia S. Torg, to decide their cases. I’d also infer from this description that the DHS Assistant Chief Counsel played a constructive role in critically, yet fairly and professionally, developing the facts so that the Immigration Judge could make an immediate decision and appeal could be waived.

Imagine how this case might have come out had it occurred in Atlanta, Charlotte, or El Paso where the Immigration Judges are notorious for prejudging asylum cases against the applicants and merely providing the “trappings of due process.” Or, if these individuals had been forced to “represent” themselves in a godforsaken so-called “detention court” unprepared, traumatized, and within a short time after arrival. Or, if the Immigration Judge had insisted on truncating the process to complete her “quota” of four cases per day. Or, if under the Trump regime, they had never been given access to the Immigration Court hearing process in the first place. Or, if the Assistant Chief Counsel had appealed to the BIA where delays are common and panels vary widely as to their commitment to a fair, impartial, and overall generous view of asylum law in accordance with their own (often cited, not always followed) precedent in Matter of Mogharrabi! Or, if after the fact, a political hack like Jeff Sessions had arbitrarily and unethically intervened to deny relief to satisfy his White Nationalist restrictionist “agenda.”

The truth is that many, perhaps the majority, of the Northern Triangle asylum cases could be efficiently and promptly granted by the USCIS Asylum Office. With the “reinstatement” of A-R-C-G- (recognizing domestic violence) and some positive precedents (when’s he last time you saw one of those from the BIA on asylum?) covering recurring situations such as this one, many more Northern Triangle asylum cases could be granted by stipulation of counsel following short hearings before the Immigration Judges.

On the flip side, in a fairer system, it would be easier for everyone to recognize situations that didn’t merit protection under the law after fair hearings. My experience in Arlington was that when I listened carefully and issued a clear and reasoned explanation of why protection could not be granted, the applicants often (not always) would waive appeal and accept my order as final. Actual, as opposed to cosmetic, fairness helps both sides to accept the decisions below.

That’s precisely what the biased Jeff Sessions has “disempowered” in this now inherently unfair court system. A system run by political officials in the Trump Administration (or any other Administration for that matter) can never be perceived as fair.

Issuance and enforcement of more positive precedents by the BIA (without the current political interference by the DOJ) would also lead to greater uniformity, as judges in places like Atlanta, Charlotte, El Paso, Stewart, etc., would be required to follow the asylum laws and apply them in the generous manner required by the Supreme Court in Cardoza-Fonseca, rather than acting on their enforcement biases against asylum seekers and trying to “lead the league” in producing rote unfair removal orders to the delight of the DOJ politicos.

If restructured into an independent court system with Due Process as the one and only goal and a merit selection system for judges going forward, the Immigration Courts have the potential to make justice with efficiency the norm, rather than the exception. But, that’s not going to happen in the current politically compromised and incompetently administered structure of EOIR within DOJ.

America needs an independent Article I U.S. Immigration Court. The Fifth Amendment to our Constitution demands it!

PWS

11-28-18

JRUBE @ WASHPOST: Trump’s Racist & Intentionally Illegal Immigration Enforcement Policies Have Been A Failure & A Gross Abuse of Government Authority & Taxpayer Resources — It’s High Time For Some Real Accountability!

https://www.washingtonpost.com/news/opinions/wp/2018/11/27/congressional-oversight-should-start-with-a-policy-fiasco-like-this-one/

Rubin writes in WashPost:

Trump administration scandals surely must be examined by the new Democratic-controlled House, which intends to take its constitutional obligations seriously, in contrast with the GOP House majority. But congressional oversight should be about more than scandals: Equally important is to probe the policy disasters (as numerous as the ethical lapses), both to hold the executive branch accountable and to help formulate appropriate legislation. The border situation is a prime example.

The Post reports:

A day after U.S. agents fired tear gas to repel migrants breaking through the border fence in Southern California, Homeland Security officials defended the use of force and their decision to close the country’s busiest port of entry, saying they expect additional confrontations and shutdowns.

Facing dismal conditions in Mexico and long waits for the chance to request asylum in the United States, thousands of Central American migrants are becoming more agitated, and officials see no quick resolution to the tensions that erupted Sunday. …

On Monday, critics of the Trump administration denounced border agents’ use of force on groups that included families with children, but U.S. officials praised what they called “quick and effective action” against crowds of stone-slinging young men who pried open the border fence at multiple locations to squeeze through.

Like the family separation debacle, this is a crisis of the Trump administration’s own making. Sending the military (with threats to use force on civilians), threatening to “close the border” and attempting to issue a blanket denial of asylum (halted by the courts) have all created a sense of panic:

The migrants who participated in Sunday’s border rush were a minority among the 5,000 or so Central Americans who have arrived in caravan groups to Tijuana in recent weeks hoping to enter the United States. Critics of the administration’s hard-line response have insisted that members of the caravan groups would exercise their legal right to seek asylum at U.S. border crossings. But with more than 4,000 people on a wait list to approach the border crossing, and U.S. immigration authorities insisting that they have the capacity to process just 60 to 100 asylum seekers per day, frustration has been welling at the camp where migrants are sleeping in tents and enduring long lines for food.

Instead of sending troops and making unconstitutional threats, the Trump administration should be dispatching an army of judges to consider the asylum applications — and working with Central American governments to address the conditions that force their citizens to flee.

Rather than accept responsibility for their own bad decision-making, the Trump administration falsely accuses the Obama administration of practicing the same inhumane family separation policy. (The Post’s fact checkers find: “It’s not the first time [President] Trump tries to minimize the scope of his family separations at the border by claiming that President Barack Obama had the same policy. This claim and its variations have been roundly debunked. We gave them Four Pinocchios in June. … There is simply no comparison between Trump’s family separation policy and the border enforcement actions taken by the Obama and George W. Bush administrations.”)

‘We come in peace’: Central American migrants’ uncertain future

That Trump would blame Democrats for not fixing the border problem at a time Republicans control the White House and both houses of Congress is laughable. As Sen. Amy Klobuchar (D-Minn.) pointed out this weekend, Trump “gut punched” a bipartisan effort to combine border security with relief for “dreamers.” (“We have tried to negotiate with him but he won’t take yes for an answer,” she said on ABC’s “This Week.” “You look at this, we tried to negotiate on the dreamers, and that was led by reasonable Republicans Mike Rounds, a senator from South Dakota, and Johnny Isakson, the senator from Georgia. I was in that group, a small group of us that were working to find a way out with border money as well as making sure that we protected the dreamers, something a vast majority of Americans supported.”)

A full congressional investigation is essential to answer the most basic questions:

Who issued the zero-tolerance policy, and who approved it?

What discussion/consideration of the ensuing family separations was undertaken?

What basis is there for the administration’s assertions that there are “Middle Eastern” people and criminals in the caravan? (“It has almost nothing but supposition to show the public. Many of the caravan members are women and children fleeing violence in their home countries or seeking economic opportunity in the United States. They hardly fit Trump’s description of ‘very tough people’ rushing the border.”)

Where are the “stone-cold criminals” Trump keeps claiming are part of the caravan, and why wouldn’t they be rejected through the normal asylum evaluation process?

Against whom did U.S. agents lob tear gas?

Aside from debunking a host of false claims by the Trump administration and anti-immigrant zealots, the hearings ideally should produce legislation that at a bare minimum permanently bans family separations, allocates funds for border security and for immigration judges (even Sen. Ted Cruz, a Texas Republican, supports that), gives protection to the dreamers and supports aid to Central American countries from which migrants are fleeing.

In short, Congress needs to do its job, instead of acting as a cheerleader for Trump’s racist, hysterical rhetoric.

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I’ve been saying this for a long time! There has been no accountability for anything under the GOP. including unwarranted deficits, high-level corruption (starting with the White House and the Trump family), and total waste of taxpayer money.

And, it’s not too late to hold corrupt White Nationalist scofflaw Jeff Sessions accountable for his gross abuses of his office, of our Constitution, and his crimes against humanity. How about some accountability for the evil racist anti-American subversive Stephen Miller? Also, don’t forget airhead sycophant Nielsen and her DHS underlings who mindlessly mouth Trump lies by blaming the Federal Courts, Democrats, and, most despicably, the victims for the messes that their own cruel incompetence and mockery of the rule of law has created!

PWS

11-28-18

TAL @ SF CHRONICLE: Trump’s Scofflaw Attack On Local Jurisdictions Is Not Only Terrible Law Enforcement, But Also Is A Stupid & Risky Litigation Strategy!

https://www.sfchronicle.com/nation/article/Trump-gambled-big-on-sanctuary-cities-Could-he-13425437.php

Trump gambled big on sanctuary cities. Could he lose big?

Tal Kopan

WASHINGTON — On July 1, 2015, a single gunshot rang out on San Francisco’s Pier 14, fatally wounding 32-year-old Kate Steinle. By July 3, then-presidential candidate Donald Trump was tweeting about it.

An undocumented immigrant and five-time deportee who had been released from San Francisco jail was charged with her murder, though he was acquitted two years later. By the time he went on trial, the incident had become a rallying cry for conservatives in general and Trump in particular. He took action just days into his presidency to block federal funds to sanctuary cities, a catch-all term that describes jurisdictions that limit cooperation with federal immigration enforcement.

And then Trump’s administration began to lose — repeatedly — in court.

Now, experts say that by continuing to press the issue, the administration’s strategy could backfire — possibly jeopardizing the cooperation that federal authorities now receive from many local governments and preventing Congress from even passing legislation on the topic.

Related Stories

Trump’s first legal setback came in response to the executive order he issued to block any federal funding to sanctuary cities, when a federal judge in San Francisco ruled in April 2017 that he could not broadly withhold money to force cooperation with immigration agents.

Trump, via then-Attorney General Jeff Sessions, then tried to impose more targeted punishment, making law-enforcement grant money conditional on cities’ cooperation with immigration enforcement. Courts in Chicago, Philadelphia, Los Angeles and San Francisco again blocked his efforts. The Justice Department also sued California to try to pre-empt its state sanctuary law. A federal judge in Sacramento blocked that as well.

But it’s not just the grants that are at stake — the administration is at risk of losing the one law on which it has hung all its efforts.

The key development came in May in an unrelated case, when the Supreme Court ruled that a federal law prohibiting states from legalizing sports gambling was unconstitutional. The justices said the law illegally “commandeers” states to follow federal policy and intrudes on their lawmaking authority.

The decision had major ramifications for sanctuary cities litigation.

The Trump administration’s anti-sanctuary campaign is based on a piece of immigration law commonly referred to by its code number, 1373. That law prohibits state and local governments from restricting information about an immigrant’s status from federal officials.

Former President Barack Obama’s administration made some law enforcement grant money conditional on compliance with 1373. The Trump administration seized on that and sought to expand the interpretation of what was required of cities and states.

The law, government lawyers argued, covered more than just a person’s immigration status. They said it also required local governments to share the date immigrants would be released from custody, so federal agents could pick them up. The law became the underpinning of the government’s lawsuit over California’s sanctuary legislation.

However, lower courts following the Supreme Court’s ruling in the gambling case have applied it to 1373-related lawsuits — and have found that the immigration law also violates local governments’ rights.

A federal judge in Philadelphia ruled in June that not only were the immigration-related conditions on grants unconstitutional, so was 1373 itself. A federal judge in Chicago followed suit in July. In October, U.S. District Judge William Orrick in San Francisco agreed, ruling in favor of San Francisco and striking down 1373.

If the administration leaves those cases where they are, the effects will be relatively minimal. Each of those lower court rulings applies only to the cities that sued the Trump administration — they would not become nationally binding precedent unless federal lawyers appeal the decisions to higher courts and lose.

“If I were them, I would not want this at the Supreme Court, and would just leave it, leave these decisions as they are and just let the rest of the country continue to think that 1373 is constitutional,” said Bill Hing, professor of law and migration studies at the University of San Francisco.

Some issues in the cases have been heard on appeal, but those were decided before the Supreme Court’s gambling ruling. The Justice Department has filed a pending appeal in the Chicago case, looking not to overturn the judge’s decision but to seek a ruling that it and the administration’s other courtroom defeats should apply only to the individual cities and not nationwide.

Josh Blackman, a professor at the South Texas College of Law Houston and contributor to the conservative legal group the Federalist Society, argues that winning on the issue of limiting nationwide rulings would be worth it, even if the administration jeopardizes 1373 in the process. He argues that appellate courts can decide these cases without needing to weigh in on 1373, which he called a “useless statute.”

“If that statute’s declared unconstitutional, then so what?” Blackman said. “The government often enacts policies that they know have a greater than average chance of failing, but if it advances the agenda of the executive branch, it’s worth taking the chance.”

Hing, though, called that strategy risky in light of the high court’s gambling decision. If the Trump administration keeps losing, he said, cities that cooperate now with federal immigration authorities could be sued by sanctuary advocates with legal precedent on their side.

Justice Department spokesman Steven Stafford said it was “absurd” to argue that sanctuary jurisdictions should receive federal law enforcement funding. The agency, he says, wants local authorities to “stop actively obstructing federal law enforcement.”

That position “is not only allowed by the Constitution, it is demanded by the Constitution,” Stafford said. “The Supreme Court’s decision in (the gambling case) has no bearing on the federal government’s ability to place conditions on funding.”

Immigration attorney Leon Fresco, who served in the Justice Department under Obama, said the Trump administration may have never believed it would prevail on sanctuary cities, but pursued the case to win a political talking point and potentially spur congressional action. But he warned that if courts make clear it’s unconstitutional for the federal government to force state and local governments to cooperate with immigration agents, it could give congressional Democrats cover for not acting.

“They’re making it easier for Democrats to say, ‘It’s not I’m not for solving this issue, it’s that we legally can’t,’ ” Fresco said. “The more (Trump officials) tease this out and make it true, the more likely they are to lose not just the legal issue, but the political issue.”

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Bottom line: The Trump Administration essentially is abusing the Federal Courts with largely frivolous litigation to score political points with its base. Seems like fraud, waste, and abuse, as well as unethical behavior on the part of DOJ attorneys.

PWS

11-28-18

THE LEVIN REPORT: Yes, We’re Being Governed By An Idiot! – As His Policies Help Destroy Ohio Jobs, “The Don” Threatens To Kneecap GM’s Mary Barra (For The Kind Of “Business Decision” To Screw Workers That He Made On A Frequent Basis)

As you’ve probably heard by now, on Monday General Motors announced it would be cutting 15 percent of its salaried workforce and closing five North American factories. While C.E.O. Mary Barra said no single event prompted the cuts, some of the factors that clearly led to the retrenchment include a slowdown in new car sales, bets on smaller vehicles not panning out, and the president’s trade war, which has spiked the price of steel, and which G.M. warned in June would impact its profits and U.S. jobs. In short, the move was a business decision that you might expect someone like Donald Trump, a self-described businessman who claims to know “more about” money, taxes, trading, banking, and the economy than anyone, to understand. But, of course, Trump is only a businessman in so much as he played one on TV—in real life, he bankrupted a casino and received a lifetime allowance from his father, who had to bail him out on numerous occasions. Which is why, instead of saying that he was disappointed about the news but understood that G.M. was in a tough position and hey, maybe in retrospect it was silly to promise that auto manufacturing jobs were “coming back” to Ohio and Michigan, and also, oops, perhaps he shouldn’t have passed a tax bill that incentivized companies to send jobs and factories abroad, Trump told a reporter that G.M. “better damn well open a new plant there very quickly,” that the company is “playing around with the wrong person,” and that Barra will have “a problem” if she doesn’t immediately open a new facility. And then on Tuesday, still foaming at the mouth, he came out with this:

Obviously, the president of the United States threatening to punish a private company for making a decision based on market realities that are partially his fault is . . . really something! But the whole thing takes on some extra hilarity when you realize, for the 927th time this year, what this not at all smart guy is unintentionally proposing. As Dan Primackpoints out, subsidies for G.M.-specific electric vehicles do not exist. Rather, there are industry-wide federal tax credits of up to $7,500 available for purchasers of U.S. electric cars, with “aggregate caps of 200,000 vehicles per manufacturer.” In other words, getting rid of the subsidy in its current form would hurt both American consumers and other auto manufacturers.

Of course, this isn’t the first time Trump has threatened to destroy a company for making a business decision. Over the summer, in a series of escalating tweets, the president went full Fatal Attraction on Harley-Davidson, essentially threatening to annihilate the company for moving some production overseas after he’d supposedly done “so much for [it].” And, apparently, he’s taking the whole G.M. thing similarly personally, with economic adviser Larry Kudlow saying Trump feels betrayed over the whole thing, especially after the administration struck “NAFTA 2.0” with Mexico and Canada (which car companies only supported as being better than Trump simply ripping up the original NAFTA without an alternative) and went after mileage standards (which car companies didn’t want it to do!). As for the whole “the U.S. saved G.M. and this is the thanks we get” bit, we’re sure it’ll come as a giant surprise that in 2012, Trump claimed Barack Obama’s auto bailout was “ruining American industry.” Anyway, sleep with one eye open, G.M.! Next time think twice before crossing Donald J. Trump!

Area lawmaker feels bad for Princess Purses

Apparently Ivanka Trump, who presumably heard her father suggest on one or two occasions that using a private e-mail account to conduct government business is a capital offense, shouldn’t be expected to know how to follow the most basic of rules:

The chairman of the House Judiciary Committee, Rep. Bob Goodlatte (R-Va.), said on Monday that it was “awfully tough” for government officials such as Ivanka Trump to comply with agency standards for secure communications when sending e-mails. “And it’s awfully tough, as everyone knows, when you’re sending emails about a lot of different things to make sure that you’re doing it according to the rules in the White House or wherever you’re doing it,” he added.

Last week, the president called The Washington Post’s story about Ivanka’s e-mail usage a “false story” and “fake news,” as he is contractually obligated to do, while also insisting that what Hillary Clinton did was exponentially worse.

Maybe society’s most vulnerable individuals should not be under the care of a private-equity firm

Just a thought! Per The Washington Post:

Under the ownership of the Carlyle Group, one of the richest private-equity firms in the world, the ManorCare nursing-home chain struggled financially until it filed for bankruptcy in March. During the five years preceding the bankruptcy, the second-largest nursing-home chain in the United States exposed its roughly 25,000 patients to increasing health risks, according to inspection records analyzed by The Washington Post.

The number of health-code violations found at the chain each year rose 26 percent between 2013 and 2017, according to a Post review of 230 of the chain’s retirement homes. Over that period, the yearly number of health-code violations at company nursing homes rose from 1,584 to almost 2,000. The number of citations increased for, among other things, neither preventing nor treating bed sores; medication errors; not providing proper care for people who need special services such as injections, colostomies and prostheses; and not assisting patients with eating and personal hygiene. . . . Counting only the more serious violations, those categorized as “potential for more than minimal harm,” “immediate jeopardy,” and “actual harm,” the Postfound the number of HCR ManorCare violations rose 29 percent in the years before the bankruptcy filing.

“Carlyle was a very interesting group to deal with,” Andrew Porch, a quality statistics consultant to whom HCR ManorCare referred questions about health-code violations, told the Post. “They’re all bankers and investment people. We had some very tough conversations where they did not know a thing about this business at all.” In a statement, representatives for Carlyle and HCR ManorCare told the paper that care at its nursing homes was “never compromised by financial considerations” and that cost-cutting affected only administrative expenses, not nursing costs.

Trump’s tariffs are making a shitty situation worse for U.S. farmers

According to data released from the Federal Reserve Bank of Minneapolis, 84 farms in Wisconsin, North Dakota, South Dakota, Montana, and Minnesota filed for Chapter 12 bankruptcy over the 12 months that ended last June, which is more than double the number from the same period in 2013 and 2014. Part of that has to do overproduction, with Citizens State Bank president of Hayfield Mark Miedtketelling the Winona Daily News, “Farmers are almost too efficient for their own financial good and demand hasn’t kept pace with the abundant American supply of corn and soybeans.” And the other part?

The situation for most farmers has worsened since June under retaliatory tariffs that have closed the Chinese market for soybeans and damaged exports of milk and pork.

“Dairy farmers are having the most problems right now,” Miedtke said. “Grain farmers have had low prices for the past three years but high yields have helped them through. We’re just waiting for a turnaround. We’re waiting for the tariff problem to go away.”

We’re just going to leave this one right here

“I’m doing deals, and I’m not being accommodated by the Fed,” Trump fumed on Tuesday in an interview with The Washington Post. “They’re making a mistake because I have a gut, and my gut tells me more sometimes than anybody else’s brain can ever tell me.”

Elsewhere!

New York woman pleads guilty to using bitcoin to launder money for ISIS (CNBC)

Investors Prepare for Another Brexit Surprise (W.S.J.)

“When You Get That Wealthy, You Start Believing Your Own Bullshit” (The Hive)

Trump Overlooks an Investment Opportunity in Climate Change (N.Y.T.)

Meet New York City’s highest-earning official. He’s a debt collector for predatory lenders. (Bloomberg)

U.S.-China “economic cold war” could turn stock sell-off into bear market, says BTIG’s Emanuel (CNBC)

Facebook Has a “Black People Problem,” Ex-Employee Writes (Bloomberg)

Fortnite Addiction Is Forcing Kids into Video-Game Rehab (Bloomberg)

“Going back to 1386, going forward through the Napoleonic wars, through to the Second World War where of course this . . . err was a—a place that, err, was, err . . .” (Express)

Wedding photographer arrested for having sex with guest, urinating on tree (N.Y.P.)

The Levin Report by Bess Levin at Vanity Fair

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Yup! What’s missing here is a discussion of what can be done to utilize the skills and dedication of all the hard-working Ohio folks at GM slated to lose their jobs through no fault of their own (other than the mistake that some of them made by voting for Trump & the GOP).

Why can’t they be put to work doing meaningful and important work on needed infrastructure projects in Ohio, which certainly needs them? Can some enterprising immigrant-run companies with need of a talented workforce step in and retrain workers for good jobs with a future that won’t have some of the problems of auto manufacturing jobs? Why isn’t Jeff Bezos putting “alternate headquarters” in areas that really need the boost, rather than grazing for tax handouts (for the world’s richest man) in already prosperous areas like N. Virginia and the NY Metro area? What’s the responsibility of GM for making suitable arrangements for folks who have made their (and their shareholders) prosperity possible over the years? What about putting more DHS or IRS “Service Centers” in these locations to take advantage of an elite workforce? Sen. Sherrod Brown (D-OH) is a friend of the working class — what can he and his supporters do to help these workers to help themselves, without massive infusions of taxpayer money?

Seems to me that rather than issuing inappropriate and idle threats and engaging in more political gamesmanship, the Government, on all levels, should be leading the effort to capture the precious “human capital” being abandoned by GM. We’re at basically full employment; jobs that could further expand the economy are going unfilled. There has to be some way to match supply with demand and fully utilize the skills of fellow Americans who have shown the willingness to work hard and produce quality products.

PWS

11-28-18

GENDER-BASED PERSECUTION IN THE FORM OF DOMESTIC VIOLENCE KILLED 87,000 WOMEN LAST YEAR, & UNDOUBTEDLY MAIMED, DISABLED, TORTURED, & DISFIGURED MANY MORE – Jeff Sessions Misrepresented Facts & Manipulated Law To Deny Protection To Victims & Potential Vctims In Matter of A-B- — Dead Women Can’t “Get In (The Non-Existent) Line,” Gonzo! – It’s A “Pandemic” Aided, Abetted, & Encouraged By Corrupt Officials Like Sessions

https://www.huffingtonpost.com/entry/domestic-violence-most-common-killer-of-women-united-nations_us_5bfbf61ee4b0eb6d931142ac

Alanna Vagianos reports for HuffPost:

The most dangerous place for women is in their own homes, a new report from the United Nations concludes.

The U.N. Office on Drugs and Crime (UNODC) released the “Global Study on Homicide: Gender-related Killing of Women and Girls” on Sunday to coincide with the International Day for the Elimination of Violence Against Women. The report analyzed the violence perpetrated against women worldwide in 2017, looking at intimate partner violence and family-related killings such as dowry- and honor-related murders.

Last year, 87,000 women were murdered around the world, and more than half (50,000 or 58 percent) were killed by partners or family members. Over a third (30,000) of those intentionally killed last year were murdered by a current or former intimate partner. This means that, globally, six women are killed every hour by someone they know.

U.N. Secretary-General António Guterres described violence against women as a “global pandemic” in a Sunday statement marking the international day of recognition.

“It is a moral affront to all women and girls, a mark of shame on all our societies and a major obstacle to inclusive, equitable and sustainable development,” he said. “At its core, violence against women and girls is the manifestation of a profound lack of respect ― a failure by men to recognize the inherent equality and dignity of women. It is an issue of fundamental human rights.”

The U.N. report also highlighted that women are much more likely to die from domestic violence than men are. According to the study, 82 percent of intimate partner homicide victims are women and 18 percent are men.

“While the vast majority of homicide victims are men, women continue to pay the highest price as a result of gender inequality, discrimination and negative stereotypes. They are also the most likely to be killed by intimate partners and family,” UNODC Executive Director Yury Fedotov said.

The study suggested that violence against women has increased in the last five years, drawing on data from 2012 in which 48,000 (47 percent) of female homicides were perpetrated by intimate partners or family members.

Geographically, Asia had the most female homicides (20,000) perpetrated by intimate partners or family members in 2017, followed by Africa (19,000), North and South America (8,000), Europe (3,000) and Oceania (300). The U.N. does point out that because the intimate partner and family-related homicide rate is 3.1 per 10,000 female population, Africa is actually the continent where women are at the greatest risk of being murdered by a partner or family member.

Head over to the U.N. study to read more.

HuffPost’s “Her Stories” newsletter brings you even more reporting from around the world on the important issues affecting women. Sign up for it here.

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Sessions is already America’s most notorious unpunished child abuser! Now, he can add “aiding and abetting domestic violence” and “voluntary manslaughter” to the many human rights and civil rights violations and transgressions of the teachings of Jesus Christ for which he will someday have to answer to his Maker (even if he has the undeserved good fortune to escape “earthly accountability” for his actions).

Meanwhile, advocates should be using the factual information in this report and other expert opinions on the “pandemic” to overcome the fabricated factual and legal basis for Matter of A-B- and the bogus arguments manufactured by restrictionists..

The real “particular social group” staring everyone in the face is “women in X country.” It’s largely immutable and certainly “fundamental to identity,” particularized, and socially distinct. It clearly has a strong nexus to the grotesque forms of harm inflicted on women throughout our world. And, there is an ever-growing body of expert information publicly available to establish that, totally contrary to Sessions’s bad-faith distortion of the record in A-B-, many countries of the world are unwilling, unable, or both unwilling and unable to offer a reasonable level of protection to women facing gender-based persecution in the form of DV.

Sessions has unwittingly set the wheels of positive change in motion! It’s time to force judges at all levels, legislators, and government officials to recognize the reality of gender-based persecution in today’s world and that it is one of the major forms of persecution clearly covered by the U.N. Convention.

Forget about the bogus “floodgates” argument. The U.N. Convention came directly out of World War II and was intended to insure that the Holocaust and the “Red Terror” did not happen again. The definition would clearly have covered most of the pre-War European Jewish population and tens of millions (perhaps hundreds of millions) of individuals stuck behind the Iron Curtin. If the numbers are large, then it’s up to the signatory countries to come together, pool resources, and think of constructive ways of addressing the problems that generate refugee flows, not just inventing creative ways of avoiding their legal and moral responsibilities.

Don’t repeat 1939! Due Process Forever! Join the “New Due Process Army” and fight for human rights, human values, and human decency against the selfish forces of darkness and dishonesty who have gained control of too many countries in the Western World (including, sadly, our own)!

PWS

11-27-18

“OUR GANG” IN ACTION: 9th CIR. REMANDS JENNINGS V. RODRIGUEZ, KEEPS INJUNCTION IN EFFECT, HINTS THAT ADMINISTRATION SCOFFLAWS COULD BE IN FOR ANOTHER BIG LOSS! – Will We See The End Of Indefinite Mandatory Immigration Detention & A Resurgence Of The Fifth Amendment?

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/11/19/13-56706.pdf

“Our Gang” of Retired U.S. Immigration Judges continues to play a key role in defending Due Process and advancing the cause of justice in America! Here’s what one of our leaders, Judge Jeffrey Chase, had to say about the latest case decided in accordance with the arguments made in our Amicus Brief:

Hi all: I hope everyone had a wonderful Thanksgiving. It seems just before the holiday, the Ninth Circuit issued a decision in Rodriguez v. Marin (the remand of the Jennings case from the Supreme Court concerning indefinite detention). 20 of us were amici on a brief filed with the 9th Cir. drafted by a team at Wilmer Hale headed by Adriel Cepeda-Derieux.

The Supreme Court remanded for consideration of the constitutional question, which the district court, on remand, will consider in the first instance. The following language by the Circuit Court from its decision is heartening:

Like the Supreme Court, we do not vacate the permanent injunction pending the consideration of these vital constitutional issues. We have grave doubts that any statute that allows for arbitrary prolonged detention without any process is constitutional or that those who founded our democracy precisely to protect against the government’s arbitrary deprivation of liberty would have thought so. Arbitrary civil detention is not a feature of our American government.

Stay tuned! Attached is a link to the full decision, and a PDF copy of our amicus brief. Best, Jeff

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/11/19/13-56706.pdf

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Great language from the Ninth Circuit. Sadly, however, unconstitutional conduct and mockery of the rule of law, particularly in connection with immigration matters is a mainstay of this “Scofflaw Administration.” (I will note that the Obama Administration took the same “thumb your nose at our Constitution” position as Trump has in this long-running case.)

Trump and his DOJ lawyers like to advertise that they consider the Supremes “bought and paid for” and that they fully expect the GOP-appointed majority to “take a dive” every time the Administration wants to bend the law or operate in a “Constitution free” zone. As an indication of their total contempt for the judicial process and their belief that the “own” a majority of the Supremes, they have taken the almost unprecedented step in a number of key cases of trying to “short-circuit” the normal judicial process in the lower Federal Courts by going straight to the Supremes with the pleas for intervention.

But, in this case, they are likely to be out of luck. The case has already been to the Supremes and they quite pointedly “punted” it back to the Ninth Circuit and the U.S. District Court. As the Ninth Circuit notes in its remand opinion, the Fifth Amendment constitutional issue is straightforward and was fully briefed by the parties before the Supremes. But, it’s obvious that the Supremes wanted no part of it at that time.

So, it’s highly unlikely that the Supremes will intervene before the case works its way back up through the District Court and the Ninth Circuit, a process that will take months, if not years. Meanwhile, the injunction against indefinite detention without bond hearings remains in effect within the Ninth Circuit, which generates the largest number of immigration cases.

If Chief Justice Roberts really wants to demonstrate judicial independence and fair and impartial justice within the Third Branch this is his chance (along with Justices Gorsuch and Kavanaugh, who both would do well to put some distance between themselves and Trump) to show it in actions, not just rhetoric!

He squandered his opportunity in the “Travel Ban” case. If nothing else, he can now see that rather than respectfully considering his “warning shots,” Trump has specifically ignored them and treated the Chief Justice with the same utter contempt as he treats the spineless lackeys who surround his presidency.

But, the good thing about “judging,” at any level, is that you often get a chance to redeem yourself for past mistakes. Whether Roberts has the judicial integrity and leadership skills to pull it off, remains to be seen.

This also should be a “warning shot” to the DOJ that former AG Sessions’s vile plan (which he left unfinished when Trump unceremoniously axed him) to undo bond for asylum applicants who pass credible fear, on the basis of a clearly bogus and contrived reading of the Supreme’s Jennings v. Rodriguez remand, is likely to be found unconstitutional and therefore “DOA” in the Ninth Circuit.

PWS

11-27-18

WILLA FREJ @ HUFFPOST: Trump’s Blatant Lies About Family Separation Just Keep Flowing!

https://www.huffingtonpost.com/entry/trump-child-separation-obama_us_5bfbb980e4b0eb6d93105dd6

President Donald Trump falsely claimed that his policy of separating migrant children from their parents at the southern U.S. border was the “exact same” as the one implemented during the Obama administration.

In complaining about a “60 Minutes” segment that aired Sunday, Trump tried to deflect criticism of his “zero tolerance” immigration policy by arguing that former presidents Barack Obama and George W. Bush also separated immigrant families.

“I tried to keep them together but the problem is, when you do that, vast numbers of additional people storm the Border,” Trump tweeted Sunday. “So with Obama seperation [sic] is fine, but with Trump it’s not.”

. . . .

Obama deported a record number of immigrants during his time in office which earned him the nickname of “deporter-in-chief.” Prioritizing the removal of people with criminal histories, Immigration and Customs Enforcement deported more than 2.7 million people between fiscal years 2009 and 2016.

The administration worked to quickly detain and deport migrants for several months in 2014, in response to a surge in migrant arrivals. Yet children who had come into the country with their parents didn’t get separated from them, and if families got deported, they were deported together.

The Ninth Circuit ruled that the Flores agreement ― a 1997 federal court decision requiring children to remain in custody for as little time as possible ― also applied to both accompanied and unaccompanied children. They could only be held in detention for a maximum of 20 days.

But Trump administration has gone far beyond his predecessor, separating almost 2,000 immigrant children from their parents in the spring. Many were held in caged detention centers and exposed to severe health consequences. Trump has also tried to withdraw from the Flores settlement and put forth new rules to replace it, which could lead to children being detained indefinitely.

As for deportations, the Trump administration opted to prosecute every single migrant who crossed the border illegally, expanding the Obama-era strategy of focusing on criminals.

The notion that Trump is merely carrying out Obama’s legacy is “preposterous,” Denise Gilman, director of the Immigration Clinic at the University of Texas Law School, told NBC News. “There were occasionally instances where you would find a separated family — maybe like one every six months to a year — and that was usually because there had been some actual individualized concern that there was a trafficking situation or that the parent wasn’t actually the parent.”

“The agencies were surfacing every possible idea,” a top Obama domestic policy advisor, Cecilia Muñoz, told The New York Times. “I do remember looking at each other like, ‘We’re not going to do this, are we?’ We spent five minutes thinking it through and concluded that it was a bad idea. The morality of it was clear — that’s not who we are.”

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Read Willa’s full article, including Trump’s revolting tweets, at the link.

Separate ‘em, jail ‘em, abuse ‘em, gas ‘em! What’s not to like about an unhinged authoritarian with a neo-Fascist program, a propaganda machine masquerading as “news,” and a bunch of mindless supporters who cheer as he and his band of cowards pick on kids and the downtrodden?

Every day is a new “Reichstag Fire” – a fake, manufactured “crisis” and a call to blame and eradicate the “usual suspects.” Some day there will be hell to pay for America’s abandoning human values and allowing Trump to represent our Government! We should all be ashamed of what our country is doing in the name of fake “border security.”

We are diminishing ourselves as a nation, but it won’t stop human migration!

PWS

11-26-18

THE GIBSON REPORT – 11-26-18 & 11-19-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

TOP UPDATES

11-26-18

U.S. closes major crossing as caravan migrants mass at border in Mexico

WaPo: U.S. authorities closed off the busiest port of entry along the U.S. border with Mexico on Sunday and fired tear gas at members of a Central American migrant caravan who had rushed the fencing that separates the countries. See also:

Migrant caravan: Mexico to deport group which stormed US border

White House approves broad new powers — including use of deadly force — for U.S. troops on the border

Incoming Mexico Gov’t: No Deal to Host US Asylum-Seekers

AP: Mexico’s incoming government denied a report Saturday that it plans to allow asylum-seekers to wait in the country while their claims move through U.S. immigration courts… Hours earlier, The Washington Post quoted her as saying that the incoming administration of Andres Manuel Lopez Obrador had agreed to allow migrants to stay in Mexico as a “short-term solution” while the U.S. considered their applications for asylum.

Misinformation in the News on LPRs and Public Charge

Univision and several other news organizations ran erroneous stories last week stoking fear among LPRs that they cannot travel if they have received public benefits. Here’s a more nuanced look at the actual issue from Cyrus Mehta: The Vulnerable Returning Green Card Holder Under the Proposed Public Charge Rule.

Your Credit Score Isn’t a Reflection of Your Moral Character: But the Department of Homeland Security seems to think it is.

Slate: The agency charged with safeguarding the nation would like to make immigrants submit their credit scores when applying for legal resident status. The new rule, contained in a proposal signed by DHS Secretary Kirstjen Nielsen, is designed to help immigration officers identify applicants likely to become a “public charge”—that is, a person primarily dependent on government assistance for food, housing, or medical care.

Pelosi calls illegal immigrant youths ‘patriotic,’ promises amnesty

Wash Examiner: Incoming House Speaker Nancy Pelosi is doubling down on her plan to open America’s doors to undocumented immigrants with a promise to pass the Dream Act and comprehensive immigration reform. Under pressure to move on the two packages in the face of opposition from the GOP and White House, Pelosi indicated that they will be among the initial moves by the new Democratic majority.

The Border Patrol Academy is training its newest recruits to work in a particularly hostile environment

WaPo: The Border Patrol has long struggled with recruitment, currently lagging 2,000 agents short of its quota — not including the 5,000 agents that Trump wants to add… Most of the 46 cadets in Herrgott’s class, which arrived at the academy in late August, are in their 20s, with no prior law enforcement experience or college degrees.

LITIGATION/CASELAW/RULES/MEMOS

Judge blocks Trump administration from denying asylum claims to immigrants who cross border illegally

CNN: In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.

Court Blocks Trump’s Effective Ban On Green-Card Holders In The Military

ACLU: Judge Jon S. Tigar granted a preliminary injunction, holding that the Department of Defense likely violated the federal Administrative Procedure Act after it implemented a policy discriminating against lawful permanent resident enlistees.

BIA Dismisses Appeal and Denies Adjustment, After Ex-Spouse Withdrew Affidavit of Support

The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit support from her former husband. Matter of Song, 27 I&N Dec. 488 (BIA 2018) AILA Doc. No. 18111937

CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group

The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18) AILA Doc. No. 18111970

CA9 Reviews “Particularly Serious Crime” Language In Light of Johnson and Dimaya, Holds Statute Is Not Unconstitutionally Vague

The court overturned its prior standard for assessing vagueness, but maintained “particularly serious crime” was not unconstitutionally vague; it held that while statute’s standard is uncertain, it is applied to real world facts as opposed to idealized crimes. (Guerrero v. Whitaker, 11/9/18) AILA Doc. No. 18111971

CA9 Grants Review in Two Cases, Holds BIA Erred in Finding CA Penal Code §288(c)(1) Categorically CIMT and Categorically “Crime of Child Abuse”

The court held statute overbroad in actus reus and mens rea compared to generic CIMT and “child abuse” provisions; it lacks CIMT’s corrupt scienter and intent to/actually injure, and does not match “child abuse” elements of intent/actual injury/risk of harm. (Menendez v. Whitaker, 11/8/18) AILA Doc. No. 18111902

CBP Closed the San Ysidro Port of Entry on Sunday, November 25

CBP temporarily suspended operations at the San Ysidro port of entry on 11/25/18 at 11:30 am and as of 2:00 pm, operations have not resumed. All northbound and southbound crossings for both pedestrian and vehicles has been suspended. AILA Doc. No. 18111660

EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)

EOIR issued a memo with guidance to assist immigration judges in the timely adjudication of asylum applications consistent with INA §208(d)(5)(A)(iii), which states that in the absence of exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. AILA Doc. No. 18111941

Queens Immigration Attorney Found Guilty of Operating Asylum Fraud Scheme

A United States Attorney for the Southern District of New York announced that Andreea Dumitru, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was found guilty of asylum fraud, making false statements to immigration authorities, and aggravated identity theft. AILA Doc. No. 18112170

EOIR Swears in 16 Immigration Judges

RESOURCES

The Vulnerable Returning Green Card Holder Under the Proposed Public Charge Rule

CRS Report on Federal District Court Enjoining the Department of Homeland Security from Terminating Temporary Protected Status

New Study Reveals that Immense Numbers of Working Class Persons Would be Found Inadmissible under Proposed Public Charge Rule

EVENTS

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

11/29/18The Ins and Outs of Lawful Admission

12/4/18Asylum for Victims of Persecution by Private Actors After Matter of A-B-

12/5-6/1851st Annual Immigration and Naturalization Institute

12/11/18 Accidental Adjustments: How to Handle Wrongly Issued Status

12/17/18 20th Annual AILA New York Chapter Immigration Law Symposium

12/19/18Full Frontal’s Holiday Special “Christmas on I.C.E.”

12/20/18 Mental Incapacity: Merging Treatment and Enforcement

2/7/19 Basic Immigration Law 2019: Business, Family, Naturalization and Related Areas

2/8/19 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2019

03/12/19 AILA Spring Federal Court Litigation Conference

ImmProf

Monday, November 26, 2018

Holding On: A Virtual Experience of Internal Displacement

US/Mexico Border Tensions Escalate, Major Border Crossing Closed

Sunday, November 25, 2018

What the Heck? Mexico denies deal with US to host asylum seekers: Incoming government says talks ongoing but no formal agreement reached as thousands await to cross border into US.

Saturday, November 24, 2018

25 Million Sparks: Andrew Leon Hanna ’19 on his prize-winning book project The son of Egyptian immigrants aims to celebrate refugee entrepreneurs

Immigration Article of the Day: Pereira’s Aftershocks by Lonny Hoffman

Friday, November 23, 2018

Immigration Article of the Day: Arguing About Sanctuary by Hiroshi Motomura

The Spirit of Thanksgiving: Migration Is Beautiful Helps Migrants in Memphis

Thursday, November 22, 2018

Trump Administration Authorizes U.S. Military to Use Deadly Force Along U.S./Mexico Border

Thank You, Immigration Lawyers

Big Law & Immigration

Happy Thanksgiving!

The Jerry Brown Way of Pardoning: Former inmates facing deportation place their hope in California’s outgoing governor

Judge rules that federal law banning female genital mutilation is unconstitutional

Wednesday, November 21, 2018

Being The Kind Of Immigrant British People Don’t Mind So Much

Peter Margulies: The Temporary Restraining Order Against Trump’s Asylum Ban: Statutory Structure and Agency Discretion

‘Make America Rake Again’: Confusion in Finland over Trump’s wildfire comments

Border ‘Bling-O”: Drag queens, churches and activists raise money for migrants, asylum seekers

HAPPY THANKSGIVING! The immigrant origins of Thanksgiving

Tuesday, November 20, 2018

Trump Rhetoric Strategy: Fear, Cruelty, and Gamesmanship

Judge Blocks President Trump’s Latest Asylum Plan

Tuesday, November 20, 2018

The perilous stakes of immigration law by executive fiat

Monday, November 19, 2018

The Try Guys – Learning Immigration With Hiroshi

DACA recipient becomes Rhodes scholar

Music Break: DREAMERS by Judy Collins

Supreme Court to Hear Discovery Issue in Citizenship Question on Census 2020 Case

AILA NEWS UPDATE

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

Assistance Group

11-19-18

TOP UPDATES

Changes to USCIS Policy Will Directly Impact Vulnerable Immigrants

AIC: Starting November 19, individuals who have applied for humanitarian benefits will be directly impacted. USCIS has announced that, as of that date, it may issue NTAs impacting individuals who seek U visas (victims of crime), T visas (victims of severe forms of trafficking), and self-petitions under the Violence Against Women Act (VAWA).

Trump is preparing to remove Kirstjen Nielsen as Homeland Security secretary, aides say

WaPo: Trump canceled a planned trip with Nielsen this week to visit U.S. troops at the border in South Texas and told aides over the weekend that he wants her out as soon as possible, these officials said. The president has grumbled for months about what he views as Nielsen’s lackluster performance on immigration enforcement and is believed to be looking for a replacement who will implement his policy ideas with more alacrity. Thomas Homan, a possible replacement for DHS secretary Kirstjen Nielsen, praises her leadership

New York Court Finds Local Police Can’t Detain Immigrants for Federal Agents

WNYC: An appellate court in Brooklyn ruled Wednesday that local police officers in New York state can’t detain immigrants beyond their scheduled release date solely to turn them over to Immigration and Customs Enforcement, without a judicial warrant. Decision here.

Communities in Crisis: Interior Removals and Their Human Consequences

The Kino Border Initiative, the Center for Migration Studies of New York, and the Office of Justice and Ecology of the Jesuit Conference of Canada and the United States published a report on the characteristics of deportees and the effects of deportation. AILA Doc. No. 18111431

Albany County using federal funds to pay for legal help to immigrants in the county jail

Times Union: Sheriff Craig Apple announced Wednesday that the County Legislature will allocate $170,000 from nearly $4 million received from the Immigration and Customs Enforcement, ICE, for detaining immigrants at the county jail since June. Another $1 million is expected before the end of 2018… Apple said he plans to use the $170,000 to hire a full-time immigration attorney to work inside the jail

Government funding, border wall await lame-duck Congress

AP: For their last act, Republicans will try to deliver on Trump’s promise to fund the border wall, which could spark a partial federal government shutdown in weeks. Newly emboldened Democrats are in no mood to cooperate over wall money. See also New Border Wall Will Destroy Butterfly Center, Historic Chapel, And Texas State Park.

Hopes Rise for Driver’s License Bill in NY

Voices of NY: For over a decade, a number of efforts seeking to allow 850,000 undocumented immigrants in New York State to obtain driver permits – according to an estimate by the Institute of Immigration Policy – have failed. Still, the results of the mid-term election on November 6 could change things.

Law Enforcement Officers in New Jersey Are Transferring More and More Immigrants to ICE

WNYC: Law enforcement agencies in New Jersey are turning over undocumented immigrants to federal authorities at a rate that is increasing under the Trump Administration and is higher than the national average, according to a new report from the progressive think tank New Jersey Policy Perspective.

Study: Fewer Immigrant Families Signing Up For Federal Food Assistance

KUNC: After 10 years of consistent gains, the number of immigrant families enrolled in SNAP, or the Supplemental Nutrition Assistance Program, fell by 10 percent in 2018.

Immigration Application Denial Rates Jump 37% Under Trump

CATO: The data for the first nine months of Fiscal Year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016.

Trump Administration Again Considering Ways To Force People To Wait In Mexico For Their Immigration Cases

Buzzfeed: US immigration officials met this week to discuss a proposal to send those who arrive at the US-Mexico border to Mexico while their immigration cases are being processed in the United States, according to sources close to the administration.

Gauging the Impact of DHS’ Proposed Public-Charge Rule on U.S. Immigration

MPI: The proposed public-charge rule, which would apply a significantly expanded test to determine if green-card applicants would be likely to use specified public benefits in the future, could potentially have put most recent legal permanent residents at risk of green-card denial.

LITIGATION/CASELAW/RULES/MEMOS

EOIR Memo Relevant to Hearing Scheduling

EOIR OPPM 13-02 states (on page 10) that even if a case is considered an “expedited” case, an individual hearing should generally NOT be set fewer than 45 days from the master hearing, unless the person is detained.

ACLU in Federal Court for Hearing in Challenge to New Trump Asylum Ban

ACLU: The American Civil Liberties Union will be in federal court for arguments in East Bay Sanctuary Covenant v. Trump, a lawsuit challenging the Trump administration’s new asylum ban. The ACLU and partner organizations filed the lawsuit last Friday, just hours after President Trump signed the asylum ban proclamation. The ACLU will be in court on Monday seeking a temporary restraining order to block the policy.

Justices take on a dispute over the 2020 census

CC: The Supreme Court agreed on Friday to decide, on a speeded-up schedule, a dispute over the Trump Administration’s decision to add to the 2020 census a question about the citizenship of everyone in America.

Orellana-Mateo v. Whitaker, 16-1547 (2d Cir. 2018) (unpublished)

Finding that the BIA failed to analyze acquiescence properly under De La Rosa in a CAT claim.

BIA Holds New York Second Degree Burglary Is Not an Aggravated Felony

Unpublished BIA decision holds that second-degree burglary under N.Y.P.L. 140.25(2) is not an aggravated felony burglary offense because it does not require an unlawful entry. Special thanks to IRAC. (Matter of G-A-A-M-, 11/17/17) AILA Doc. No. 18111530

BIA Reverses Denial of Cancellation Where IJ Relied on Gang Allegation in Police Report

Unpublished BIA decision reverses discretionary denial of cancellation application where IJ placed undue weight on unsourced allegation in police report that respondent was an active gang member. Special thanks to IRAC. (Matter of V-A-C-, 11/15/17) AILA Doc. No. 18111432

BIA Holds Oklahoma Statute Not a Firearms Offense

Unpublished BIA decision holds that carrying a firearm while under the influence of alcohol under Okla. Stat. tit. 21 §1289.9 was not a firearms offense because it contained no exception for antique firearms. Special thanks to IRAC. (Matter of Martinez-Guzman, 11/13/17) AILA Doc. No. 18111430

BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker

Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17) AILA Doc. No. 18111531

BIA Holds Georgia Theft by Shoplifting Is Not a CIMT

Unpublished BIA decision holds that theft by shoplifting under Georgia Code Ann. 16-8-14 is not a CIMT because it does not require the owner’s property rights to be permanently or substantially eroded. Special thanks to IRAC. (Matter of H-J-C-, 11/20/17) AILA Doc. No. 18111601

BIA Holds That Driving with Suspended License for DUI Is Not a CIMT

Unpublished BIA decision holds that driving with a license that was suspended or revoked for driving under the influence under Calif. Vehic. Code 14601.2(a) is not a CIMT. Special thanks to IRAC. (Matter of N-M-H-V-, 11/22/17) AILA Doc. No. 18111603

CBP to Close Lanes at San Ysidro and Otay Mesa in Preparation for Migrant Caravan

CBP announced lane closures starting on 11/13/18 at the San Ysidro and Otay Mesa ports of entry. CBP will provide an update when the materials are removed and the lanes re-opened. CBP officials recommend that persons traveling northbound to the U.S. anticipate possible increased wait times. AILA Doc. No. 18111300

CBP Tells Travelers to Expect Longer Than Normal Wait Times Indefinitely

CBP announced that the El Paso Field Office is advising the public to plan for longer than normal wait times at area ports beginning 11/14/18 due to the transfer of a large number of CBP officers from the El Paso, Santa Teresa, and Tornillo ports of entry to CBP’s Arizona and CA ports of entries. AILA Doc. No. 18111463

CBP Notice Announcing Voluntary Test to Collect Facial Images at Anzalduas Port of Entry

CBP notice announcing a test program for travelers who choose to participate to collect facial images for biometric purposes at the Anzalduas port of entry in Texas. The test began 8/30/18 and will run for approximately one year. (83 FR 56862, 11/14/18) AILA Doc. No. 18111461

EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases

EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.

AILA Doc. No. 18111606

Practice Alert: Use of Electronic Devices at USCIS Field Offices

AILA’s USCIS Field Operations Liaison Committee provides updated guidance issued by several local USCIS Field Offices requiring that all stakeholders turn off electronic devices during interviews and InfoPass appointments. The extent to which this policy has been applied nationally is unclear. AILA Doc. No. 17081702

Response to arrivals of asylum-seekers from the North of Central America

UNHCR: Since mid-October several organized groups of people from the North of Central America region, Honduras, Guatemala and El Salvador, have been traveling north in hope of reaching Mexico and the United States. In Mexico, there are approximately 7,000-9,000 people in these groups, currently spread out between Veracruz and Baja California. Among them are people fleeing persecution and violence and in need of international protection. Many are vulnerable and in need of humanitarian assistance, including women and around 2,300 children.

Users Can Now Search All USCIS Data from a Single Page

USCIS: U.S. Citizenship and Immigration Services (USCIS) announced today that it has consolidated the data pages on its website to include all data on one page. The new Immigration and Citizenship Data page makes information more easily accessible to users.

RESOURCES

Upcoming Congressional Hearings on Immigration

Refugee comics: personal stories of forced migration illustrated in a powerful new way

Ethical Questions in Representing Clients with Administratively Closed Removal Cases

ICE Worksite Raid: Employer Rights and Responsibilities

Introducing an Interactive Online Course on the Fundamentals of Immigration Law

Factoring Psychological Issues into Credibility Determinations

Dissecting an Ethics Dilemma: A Practical Checklist for Immigration Lawyers

Bite-Sized Ethics: Desperate Clients, Enforcement Priorities, and Asylum

What You Need to Know About the Dora v. Sessions, Ms. L v. ICE, and M.M.M. v. Sessions Preliminary Settlement Agreement

EVENTS

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

11/29/18The Ins and Outs of Lawful Admission

12/4/18Asylum for Victims of Persecution by Private Actors After Matter of A-B-

12/5-6/1851st Annual Immigration and Naturalization Institute

12/11/18 Accidental Adjustments: How to Handle Wrongly Issued Status

12/17/18 20th Annual AILA New York Chapter Immigration Law Symposium

12/19/18Full Frontal’s Holiday Special “Christmas on I.C.E.”

12/20/18 Mental Incapacity: Merging Treatment and Enforcement

2/7/19 Basic Immigration Law 2019: Business, Family, Naturalization and Related Areas

2/8/19 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2019

03/12/19 AILA Spring Federal Court Litigation Conference

ImmProf

Monday, November 19, 2018

Music Break: DREAMERS by Judy Collins

Supreme Court to Hear Discovery Issue in Citizenship Question on Census 2020 Case

Sunday, November 18, 2018

Your Daily Dose of Joy

Saturday, November 17, 2018

From the Bookshelves: Announcing the Winner of Restless Books New Immigrant Writing Prize

Gender Persecution as a Ground for Refugee Status

Immigration Article of the Day: The Power to Exclude by Josh Blackman

Friday, November 16, 2018

The Hypocrisy of Those Who Oppose Birthright Citizenship

Oregon Public Radio: “Oregon Jail Has Released Inmates While Saving Space for ICE Detainees”

Albany County, NY to Use Funds from ICE Jail to Support Deportation Defense Legal Services

Your Playlist: Chris George

Death on the Border Chapter 101: Deadly crossing ends American dream for Guatemalan migrant

Immigration Article of the Day: Can the Rule of Law Apply at the Border?: A Commentary on Paul Gowder’s the Rule of Law in the Real World by Matthew J. Lister

Thursday, November 15, 2018

From the Bookshelves: Safe Haven in America: Battles to Open the Golden Door by Michael Wildes

Meet The Dreamers Caught in the DACA Fight | Waking Dream Ep. 1

New Country, New Traditions – Immigrants & Thanksgiving

Census Citizenship Question Triggers Legal and Political Fallout

Rock Legend Billy Idol Now a U.S. Citizen

Will “The Apprentice” Come Back to Haunt President Trump?

Refugee comics? Personal stories of forced migration illustrated in a powerful new way

Wednesday, November 14, 2018

Set Your DVR for Full Frontal’s Holiday Special “Christmas on I.C.E.” (Dec. 19, 10:30PM ET/PT, TBS)

Immigration Professor Lenni Benson Honored for Helping Migrants

Immigration Article of the Day: Universities as ‘Sanctuaries’ by MARYAM AHRANJANI

Lindsay Harris & Dree Collopy in WaPo: “Trump’s Attack on Asylum is Based Entirely on False Claims”

Tuesday, November 13, 2018

Immigration Article of the Day: When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement by Jennifer Lee Koh

Fewer foreign students coming to United States for second year in row

New Study Details Harsh Consequences of Trump’s Deportation Policies

Trump preparing to remove Kirstjen Nielsen as Homeland Security secretary?

At the Movies: Eldorado, a documentary

Law Profs Weigh in in Right to Counsel for Minors Appeal

Monday, November 12, 2018

President Trump should withdraw his asylum proclamation

From the Bookshelves: The Golden State by Lydia Kiesling

There is No “Invasion” at the Border: The U.S. Government’s 2018 Border Data Clearly Shows Why the Trump Administration is on the Wrong Track

AILA NEWS UPDATE

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

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

Lots happening!

PWS

11-26-18

THE HILL: Sen. Ben Cardin (D-MD) Points Finger @ Trump For Bogus Border Crisis!

https://apple.news/AJe1kxmmyRdi0l-QX8e70xQ

By Brett Samuels in The Hill:

Dem Senator: Trump administration’s policies ‘caused anxiety at the border’

Sen. Ben Cardin (D-Md.) on Monday blamed the Trump administration for causing “anxiety” at the southern border a day after border agents fired tear gas in response to migrants attempting to breach the border.

“There’s a better way to handle this. The United States, the Trump policies has caused anxiety at the border,” Cardin said on CNN’s “New Day.”

“There’s an orderly process that should have been used,” he added. “Should we fix our immigration system? Absolutely. But this administration has made no effort to fix our immigration system.”

President Trump has repeatedly blamed Congress and Democrats, in particular, for failing to pass legislation hardening the country’s immigration laws. The White House and lawmakers have been unable to reach an agreement on a host of immigration issues, though Congress has provided some funding for border security.

Cardin said Monday that the Trump administration has enacted policies that have exacerbated the problem at the border with the so-called caravan of Central American migrants, citing the White House’s move to curb immigrants’ ability to claim asylum and the previous policy of separating families who illegally cross the border.

“So they’re making the circumstances worse, and here we look at children being subject to tear-gassing,” Cardin said. “That’s the United States causing that. That’s outrageous.”

Customs and Border Protection (CBP) on Sunday shut down the busy San Ysidro port of entry near San Diego as hundreds of migrants approached. Tensions flared further when dozens of migrants broke away from a larger group to try and breach the border.

CBP said in a statement that officers fired tear gas into the crowd after attempted illegal crossings and after some migrants threw rocks at border agents.

Trump on Monday morning called on Mexico to deport the migrants back to their home countries and threatened to permanently close the southern border. The president has for weeks painted the group of migrants as an imminent security threat, prompting fierce criticism from Democratic lawmakers.

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

“There’s an orderly process that should have been used.” Yup! But, Trump refuses to use it and make it work! And, it could have been done for less money and fewer resources than the estimated $200 million military boondoggle at the border.

I also hope Sen. Cardin will urge Rep. Cummings (D-MD) and his colleagues in the House to exercise some “oversight” involving the senior Border Patrol officials who publicly proclaimed that most of those arriving at the border, who have been neither interviewed nor screened because of intentional delays by the US Government, are “economic refugees” not “real refugees.”

I tend to doubt that these loud-mouthed law enforcement officials, who have allowed themselves to become political puppets of the Trump White House, have any idea of what makes someone a “real refugee” under the law. Fact is, that in some Immigration Courts away from the Southern Border, the Immigration Judges continue to be fair and knowledgeable (NOT places like Atlanta, Charlotte, and Stewart). Those Immigration Judges take the necessary hours to fairly and impartially hear asylum cases (apparently largely disregarding artificial “quotas”). And, as a result, some properly documented domestic violence, family based, religious based, and political opposition to gang cases continue to be granted to applicants. Shows what happens when rather than prejudging cases like Trump, Sessions, DHS Senior Officials, and, sadly, some Immigration Judges, have done, asylum applicants from the Northern Triangle aren’t hustled through the “assembly line” and are given a fair chance to be represented and to gather the documentation necessary to overcome Sessions’s badly warped misconstruction of country conditions and intentionally misleading dicta in Matter of A-B-.

So, how can these Border Patrol folks tell by “eyeballing” thousands of individuals from the other side of the border whether their claims are “bona fide” or not? That, even after Trump’s and Sessions’s best efforts to “game” the system, the majority of arrivals from Central America still manage to pass “credible fear” examinations from the USCIS Asylum Office suggests that these Border Patrol officials are blowing (dangerous) “hot air” into an already volatile situation. That’s totally irresponsible Time for some accountability all up and down the line for those carrying out Trump’s misguided immigration policies with no visible resistance to actions that at best strain, and quite possibly violate, our established asylum laws and procedures!

PWS

11-26-18

INSIDE EOIR: LA TIMES: Former EOIR Attorney Reveals Truth Of Sessions’s Ugly, Corrupt, Mean-Spirited, Attack On Judicial Independence & The Totally Demoralizing Effect On Judges & Other Dedicated Civil Servants – No Wonder This “Captive Court System” Is A Dysfunctional Mess Being Crushed Under An Artificially Created “Sessions Legacy Backlog” of 1.1 Million+ Cases With Neither Sane Management Nor Any End In Sight!

https://apple.news/AnkcqK5ITQ76IwHCZq2FnBw

I resigned from the Department of Justice because of Trump’s campaign against immigration judges

Gianfranco De Girolamo November 26, 2018, 3:05 AM

One of the proudest days of my life was Dec. 16, 2015, when I became a naturalized citizen of the United States.

I shed tears of joy as I swore allegiance to the United States at the Los Angeles Convention Center, along with more than 3,000 other new Americans. I was celebrating a country that had welcomed me with open arms, treated me as one of its own and opened doors I hadn’t known existed. Just a few years before, in the remote village in southern Italy where I grew up, this would have been unimaginable.

Another of my proudest moments came just a year later, when I was awarded a coveted position in the U.S. Department of Justice. This happened in late November 2016, a few weeks after President Trump was elected.

Like many, I harbored reservations about Trump. But I did not waver in my enthusiasm for the job. In law school, l had learned about the role of civil servants as nonpolitical government employees who work across administrations — faithfully, loyally and diligently serving the United States under both Republicans and Democrats.

I was designated an attorney-advisor and assigned to the Los Angeles immigration court. There, I assisted immigration judges with legal research, weighed in on the strengths and weaknesses of parties’ arguments and often wrote the first drafts of judges’ opinions.

Soon enough, however, the work changed. In March 2018, James McHenry, the Justice Department official who oversees the immigration courts as head of the Executive Office for Immigration Review, announced a mandate imposing individual quotas on all the judges. Each judge would be required to decide 700 cases per year, he said.

With these new quotas, which went into effect on Oct. 1, immigration judges must now decide between three and four cases a day — while also reviewing dozens of motions daily and keeping up with all their administrative duties — or their jobs will be at risk.

The announcement of the quotas in March was the first in a series of demoralizing attacks on immigration judges this year. In May, Atty. Gen. Jeff Sessions, since fired by Trump, personally issued a decision that placed limits on the ability of immigration judges to use a practice known as administrative closure, which allows judges to put cases on indefinite hold, and which, in immigration cases, can be a tool for delaying deportation orders.

The Justice Department enforced the decision in July by stripping an immigration judge in Philadelphia of his authority in scores of cases for continuing to use administrative closure.

All this was in addition to a barrage of disparaging comments made directly by the president. In June, Trump tweeted that there is no reason to provide judges to immigrants. He also rejected calls to hire more immigration judges, saying that “we have to have a real border, not judges” and asking rhetorically, “Who are these people?”

The demoralizing effect on immigration judges was palpable. Morale was at an all-time low. I was new to civil service, but these judges, some of whom have served continuously since the Reagan administration, made clear that this was an unprecedented attack on the justice system.

Enter the Fray: First takes on the news of the minute from L.A. Times Opinion »

I’ve long admired the independence and legitimacy that the judiciary enjoys in the United States, so I found the attacks on judges deeply disturbing and troubling. They reminded me of Trump’s Italian alter-ego, Silvio Berlusconi, who spent most of his tenure as Italy’s prime minister fighting off lawsuits by delegitimizing and attacking the judiciary, calling it “a cancer of democracy” and accusing judges of being communist.

I voiced my concerns to my supervisors and directly to Director McHenry in a letter. Seeing no opportunity to make a positive difference and unwilling to continue to lend credence to this compromised system, I submitted my resignation in July, explaining my reasons in a letter.

This was not how I wanted to end my career in government. I had hoped to serve this country for the long haul. But I couldn’t stand by, or be complicit in, a mean-spirited and unscrupulous campaign to undermine the everyday work of the Justice Department and the judges who serve in our immigration courts — a campaign that hurts many of my fellow immigrants in the process.

Gianfranco De Girolamo was an attorney at the Department of Justice from 2017 to 2018.

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Thanks for speaking out Gianfranco! I published an earlier, at that time “anonymous,” letter from Gianfranco at the time of his resignation. I’m sure there are many others at EOIR who feel the same way. But, they are “gagged” by the DOJ — threatened with job loss if they “tell the truth” about the ongoing legal farce and parody of justice within our Immigration Courts.

It’s a “closed system” at war with the public it serves, the dedicated attorneys who represent migrants, the essential NGOs who are propping up what’s left of justice in this system, and the very civil servants who are supposed to be carrying out the courts’ mission. What a horrible way to “(not) run the railroad.”

Someday, historians will dig out the whole truth about the “Sessions Era” at the DOJ and his perversion of justice in the U.S. Immigration Courts. I’m sure it will be even worse than we can imagine. But, for now, thanks to Gianfranco for shedding at least some light on one of the darkest and most dysfunctional corners of our Government!

PWS

11-16-18

Month: November 2018

US DISTRICT JUDGE TIGAR STUFFS ADMINISTRATION SCOFFLAWS’ STAY REQUEST!

Sonali Kolhatkar reports for TRUTHdig:

Sonali Kolhatkar

IN THIS ARTICLE:

FEAR & LOATHING IN THE WHITE HOUSE — Trump Is The “Anti-FDR”

THE NEW YORKER: “Satire from The Borowitz Report: Cindy Hyde-Smith Says She Never Lost Faith in Mississippi’s Racists”

Cindy Hyde-Smith Says She Never Lost Faith in Mississippi’s Racists

THE HILL: Here’s Nolan’s Somewhat Different Take On The Effect Of Trump’s Executive Order!

JRUBE @ WASHPOST: Trump’s Racist & Intentionally Illegal Immigration Enforcement Policies Have Been A Failure & A Gross Abuse of Government Authority & Taxpayer Resources — It’s High Time For Some Real Accountability!

TAL @ SF CHRONICLE: Trump’s Scofflaw Attack On Local Jurisdictions Is Not Only Terrible Law Enforcement, But Also Is A Stupid & Risky Litigation Strategy!

THE LEVIN REPORT: Yes, We’re Being Governed By An Idiot! – As His Policies Help Destroy Ohio Jobs, “The Don” Threatens To Kneecap GM’s Mary Barra (For The Kind Of “Business Decision” To Screw Workers That He Made On A Frequent Basis)

“OUR GANG” IN ACTION: 9th CIR. REMANDS JENNINGS V. RODRIGUEZ, KEEPS INJUNCTION IN EFFECT, HINTS THAT ADMINISTRATION SCOFFLAWS COULD BE IN FOR ANOTHER BIG LOSS! – Will We See The End Of Indefinite Mandatory Immigration Detention & A Resurgence Of The Fifth Amendment?

WILLA FREJ @ HUFFPOST: Trump’s Blatant Lies About Family Separation Just Keep Flowing!

THE GIBSON REPORT – 11-26-18 & 11-19-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE HILL: Sen. Ben Cardin (D-MD) Points Finger @ Trump For Bogus Border Crisis!

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