CNN: FRAUD, WASTE, & ABUSE: DOJ & DHS Continue To Thumb Noses At Supremes & Congress, Forcing Migrants To Dutifully Appear For Bogus Immigration Court Hearings At Knowingly False Dates & Times! – It’s “Kakistocracy In Action” & Nobody Has The Backbone To Put An End To It!

https://www.cnn.com/2018/10/31/us/immigration-court-fake-dates/index.html

Catherine E. Shoichet reports for CNN:

More than 100 immigrants showed up to court carrying paperwork ordering them to appear before a judge, only to find out that their court dates hadn’t actually been scheduled, according to the American Immigration Lawyers Association (AILA). And as a result, uncharacteristically long lines were reported outside at least 10 immigration courts, the association said.

Lawyers told CNN it’s part of a troubling trend that shows how dysfunctional the system has become and how chaotic the Trump administration’s approach to immigration enforcement can be.

“From a humanitarian point of view, it’s sickening what you’re seeing happening here, because they’re toying with these individuals’ lives in many cases. … This is widespread, it’s national and it’s outrageous,” said Jeremy McKinney, AILA’s treasurer and an immigration attorney in North Carolina.

Sessions criticizes immigrants’ attorneys before immigration judges

Attorneys say the practice began after the US Supreme Court ruled in June that notices to appear — the charging documents that immigration authorities issue to send someone to immigration court who’s accused of being in the United States illegally — must specify the time and place of proceedings in order to be valid.

Since then, immigration lawyers across the country have reported that officials are increasingly issuing such notices with so-called “fake dates,” ordering immigrants to appear at hearings that, it later turns out, were never scheduled in immigration courts.

In recent months, lawyers have reported examples of notices issued for nonexistent dates, such as September 31st, and for times of day when courts aren’t open, such as midnight.

A NOTICE TO APPEAR AT MIDNIGHT (p. 1)

Atlanta immigration attorney Rachel Effron Sharma says this is an example of a notice a client received, ordering the client to report to an immigration court at a time when the court was closed.

View the entire document with DocumentCloud

US Citizenship and Immigration Services spokesman Daniel Hetlage said in a statement that initial dates on notices issued by his agency and Immigration and Customs Enforcement are “based on guidance on upcoming docket dates from local EOIR, an agency within the US Department of Justice responsible for administering the immigration courts.”

EOIR, Hetlage said, “is responsible for setting and re-setting appearances dates upon receipt of Notices to Appear filed by US Immigration and Customs Enforcements and other components of the US Department of Homeland Security.”

A spokeswoman for the Executive Office for Immigration Review (EOIR) did not immediately respond to a request for comment.

Notices issued for dates that don’t exist, times when court is closed

On Wednesday, reports of the so-called “fake date” practice were far more widespread, and attorneys reported seeing larger numbers of people affected than previously, said Laura Lynch, AILA’s senior policy counsel.

Attorneys observed long lines at courts in Baltimore, Charlotte, Atlanta, Orlando, Boston, Chicago, Los Angeles, Dallas, Phoenix and San Diego. Immigrants with “fake dates” were also seen at courts Wednesday in Las Vegas and Denver, Lynch said, but lines there weren’t as long.

In this screengrab from a handout video provided by the American Immigration Lawyers Association, people are seen lining up outside the Atlanta Immigration Court on October 31.

“The line was around the corner,” said Jorge Gavilanes, an immigration attorney in Atlanta who witnessed the crowds gathering Wednesday. “Security was unprepared for this. The court was unprepared for this. They were scrambling to check every single one of these cases to see if these cases have been already filed with this court.”

This isn’t the first time such situations have been reported.

The Dallas Morning News documented the practice occurring in court there in September.

It may sound like a small bureaucratic glitch, Lynch said, but such mix-ups can take a significant toll on immigrants’ lives.

“Clients are driving like eight hours and taking off of work in order to appear at these hearings, only to find out that it’s not the actual correct hearing date. The impact is their jobs, it’s their life, and also just the anxiety,” she said.

Attorney: ‘People were obviously fearful’

Sometimes, lawyers say they’re able to confirm with courts beforehand that certain noticed hearing dates aren’t accurate, but then struggle to convince their clients not to show up in court anyway.

“They’re so anxious to cooperate. They don’t want any problems with ICE or with the authorities,” says Rachel Effron Sharma, an immigration attorney in Atlanta who tried to explain the situation to clients this week. “They got a letter telling them to go that day. They didn’t understand how it would be possible that there would be a date that was just made up.”

Two lawyers. One court. And their fight against the odds.

Gavilanes said he’s found himself in a similar predicament, trying to reassure clients who know that if they don’t show up for a scheduled court hearing, the consequences could be severe.

“People were obviously fearful that if they miss their hearing, they were going to get deported in their absence, and they didn’t want to take that chance,” he said. “They’d rather show up at the court and have them tell them go home instead of not showing up and worry(ing) about it.”

On Wednesday, Gavilanes said he fielded questions from numerous immigrants who were baffled by the situation.

“I don’t think people really understand why this is happening,” he said.

CNN’s Angela Barajas and Bilal Vaughn contributed to this report.

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Thank you, Catherine, for helping to expose the corrupt administration of the Immigration Courts and DHS Enforcement under Trump, Sessions, & Nielsen! 

Not only are individuals being denied due process, but taxpayer money is literally being poured down the drain when cases have to be reset by the courts, rather than being rationally and correctly set in the first place. Since the Immigration Courts have been so incompetently managed that they are virtually an “automation free zone” every mistake has to be corrected manually by already overwhelmed Court Clerks who already are struggling to keep up with all of Sessions’s other “Gonzo priorities.”

The whole process is what I call “Aimless Docket Reshuffling” or (“ADR”).  While ADR certainly was practiced by both the Bush II and Obama Administrations, Sessions has taken ADR to new heights of dysfunction, irrationality, and intentional cruelty. The Government and the Immigration Courts actually exist to serve the public interest (including, of course, the interest of the people summoned before them), not to satisfy the outlier restrictionist agenda that Jeff Sessions failed to enact during his many wasted years in Congress. 

With competent, professional, independent, non-political Administration, by folks who understand the system and are willing to work with the public and the lawyers, the money could be spent creating a system that would actually be fair, just, and efficient  — no, not tomorrow or the next day, but certainly in the foreseeable future.

But, as long as folks like Sessions are in charge, “Good Government” has no chance whatsoever! And, that’s bad for all of us!

Many thanks to my good friend Laura Lynch over at AILA National for passing this item along.

PWS

11-01-18