TRUMP ADMINISTRATION OUTED AGAIN ON ILLEGAL CHILD SEPARATION — Judge Sabraw Rejects DOJ’s Disingenuous Position!

https://www.theguardian.com/us-news/2019/mar/08/family-separation-trump-reunification-judge-order?CMP=Share_iOSApp_Other

From The Guardian:

A federal judge who ordered that more than 2,700 children be reunited with their parents has expanded his authority to potentially thousands more children who were separated at the border earlier during the Trump administration.

Dana Sabraw ruled late Friday that his authority applies to any parents who were separated at the border on or after 1 July 2017. Previously his order applied only to parents whose children were in custody on 26 June 26 2018.

Sabraw said his decision responds to a report by the US Health and Human Services Department’s internal watchdog that said thousands more children may have been separated since the summer of 2017. The department’s inspector general said the precise amount was unknown.

“The court made clear that potentially thousands of children’s lives are at stake and that the Trump administration cannot simply ignore the devastation it has caused,” said Lee Gelernt, the ACLU’s lead attorney in the lawsuit.

The judge says he will consider the next steps on 28 March.

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

Progress.  Judge Sabraw is a patient man.

But, here’s the reality:

  • The parents and children who are victims of the Government’s illegal conspiracy to violate their Constitutional rights are still suffering.
  • An Administration with billions to waste on unnecessary walls, unneeded troops at the border,  and inhumane detention has no time, money, or interest in rectifying their own misconduct.

So,  how is this “justice?”

It’s time for some accountability that will prevent such gross misconduct by Government officials from occurring in the future.

PWS

03-09-19

 

 

TWO LA TIMES EDITORIALS “SPOT ON” IN CALLING OUT TRUMP’S FAILED BORDER POLICIES, BOGUS EMERGENCY, & ABUSE OF IMMIGRATION ENFORCEMENT AUTHORITY!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=d85e48a2-1a59-4182-854b-dfd9a146177c

TThe numbers are sobering. The federal government reported Tuesday that immigration agents apprehended 76,000 people — most of them families or unaccompanied minors — at the U.S.-Mexico border in February, twice the level of the previous year and the highest for February in 11 years. The increase continues a trend that began in the fall, and offers direct evidence that President Trump’s strategy of maximal enforcement at the border is not reducing the flow of migrants.

And no, the answer is not “a big, beautiful wall.” Most of those apprehended weren’t trying to sneak past border agents; instead, they sought out agents once they reached the border and turned themselves in, hoping to receive permission to stay.

Furthermore, the situation isn’t a national security emergency, as he has declared in an effort to spend more on his border wall than Congress provided. It’s a complex humanitarian crisis that appears to be worsening, and it’s going to take creative analytical minds to address.

For instance, the vast majority of the families flowing north in recent months come from poor regions of Guatemala, where food insecurity and local conflicts over land rights and environmental protections are pushing more people off their farms and into even deeper poverty, according to human rights observers and U.S. Customs and Border Protection. Just months earlier, gang violence in urbanized areas were pushing people north to the United States; increasingly now, it’s economics.

But Trump’s rhetoric may be playing a role too. The more he threatens draconian enforcement and cutbacks in legal immigration, the more people contemplating moving north are pushed to go sooner, before it gets even harder to reach the U.S. Similarly, more migrants are arriving at more treacherous and remote stretches of the border to avoid getting stuck in Tijuana or other border cities where the U.S. government has reduced the number of asylum seekers it will allow in, claiming an inability to process the requests.

The system is overwhelmed. But the solution isn’t to build a wall, incarcerate more people, separate children from their parents or deny people their legal right to seek asylum. The solution is to improve the efficiency and capacity of the system to deal with the changed migrant demographics. A decade ago, about 1 in 100 border crossers was an unaccompanied minor or asylum seeker; now about a third are.

More judges and support staffs are necessary for the immigration court system, as the Trump administration has sought from Congress. Yet the case backlog there has continued to grow — in part because the increase in enforcement actions, in part because the Justice Department ordered the courts to reopen cases that had been closed administratively without deportations, often because the migrant was in the process of obtaining a visa. A faster and fair process would give those deserving asylum the answer they need sooner, cutting back on the years they spend in limbo, while no longer incentivizing those unqualified for asylum to try anyway.

The Migration Policy Institute, a think tank, has suggested one partial fix. Currently, migrants claiming asylum have a near-immediate initial “credible fear” hearing with an asylum officer from U.S. Citizenship and Immigration Services, who determines whether the migrant has a significant potential to make a successful asylum claim. Most migrants pass that low threshold and are then directed to the immigration courts to make the formal case, a more involved process that can take years. Keeping those cases within the citizenship and immigration branch for an administrative hearing instead of sending them to immigration court could lead to faster decisions for the deserving at a lower cost — a single asylum agent is cheaper than a court staff — while preserving legal rights by giving those denied asylum a chance to appeal to the immigration courts. That’s a process worth contemplating.

More fundamentally, the current system hasn’t worked for years, and under Trump’s enforcement strategy it has gotten worse. It’s a big ask, but Congress and the president need to work together to develop a more capable system that manages the many different aspects of immigration in the best interests of the nation while accommodating the rights of the persecuted to seek asylum.

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=1cbd9b3d-f2d0-4249-b602-37223ff3f407

The U.S. government is reportedly compiling dossiers on journalists, lawyers and activists at the border.

ASan Diego television station recently obtained some troubling documents that seem to show that the U.S. government, working with Mexican officials under a program called Operation Secure Line, has created and shared dossiers on journalists, immigrant rights lawyers and activists covering or involved with the so-called caravans of migrants moving from Central America to the U.S.-Mexico border.

Worse yet, the government then detained some of these people for questioning (one photojournalist was held for 13 hours), barred some of them from crossing the border and interfered with their legitimate efforts to do their jobs. NBC 7 also received a copy of a purported government dossier on lawyer Nicole Ramos, refugee program director for a migrant rights group, that included a description of her car, her mother’s name, and details on her work and travel history. That’s not border security, that’s an intelligence operation and, as the American Civil Liberties Union pointed out, “an outrageous violation of the First Amendment.”

The ACLU noted correctly that it is impermissible for the government to use “the pretext of the border to target activists critical of its policies, lawyers providing legal representation, or journalists simply doing their jobs.”

It’s unclear when the intelligence gathering began, or how widespread it is, but the Committee to Protect Journalists reported in October that U.S. border agents, using the broad power the law gives them to question people entering the country, seemingly singled out journalists for in-depth examinations, including searching their phones, laptops and cameras — all without warrants, because they’re generally not required at the border. These are troubling developments deserving of close scrutiny by Congress and, if warranted, the courts.

The Department of Homeland Security is responsible for controlling the flow of people across U.S. borders and has broad and court-recognized authority to search for contraband. But the government should not use that authority as a pretext to try to gain information to which it would not otherwise be entitled. And it certainly doesn’t give it a framework for harassing or maintaining secret files on journalists, lawyers and activists who are covering, representing or working with activists.

Homeland Security defended the targeting by linking the intelligence operation to the agency’s investigation of efforts this winter by some Central American migrants to cross the wall near San Ysidro, Calif. It said also that all the people entered into the database had witnessed border violence. That sounds an awful lot like a criminal investigation, not a border security operation.

The name of the report leaked to NBC 7 was “Migrant Caravan FY-2019: Suspected Organizers, Coordinators, Instigators, and Media.” The only thing suspect here is the government’s actions.

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

Unfortunately, the second editorial on the “enemies list” shows why the first one on solving the Central American forced migration issue in a sensible, legal, and humanitarian manner simply isn’t in the cards without “regime change.”

First, the Trump Administration simply lacks the competence, professionalism, and expertise to solve real problems. The absolutely stunning incompetence of Nielsen and the rest of the politicos who supposedly run immigration and national security policy these days was on full display this week. America’s “real” enemies must have been watching with glee at this public demonstration of lack of competence and concern for any of the actual national security issues facing our nation.

Career civil servants who have the knowledge, expertise, motivation, and ability to solve migration problems have been forced out, buried in make-work “hallwalker jobs” deep in the bowls of the bureaucracy, or simply silenced and ignored. The Administration has also declared war on facts, knowledge, human decency and scorns the humanitarian expertise available in the private and NGO sectors.

Second, there is zip motivation within the Trump Kakistocracy to solve to the problem. As long as neo-Nazi Stephen Miller is in charge of immigration policy, we’ll get nothing but White Nationalist, racist nonsense. Miller and the White Nationalist restrictionists (like Trump & Sessions) have no motivation to solve immigration problems in a practical, humane, legal manner.

No, the White Nationalist agenda is to use lies, intentionally false narratives, racial and ethnic stereotypes, bogus statistics, and outright attacks on our legal system to further an agenda of hate, intolerance, and division in America intended to enfranchise a largely White GOP kakistocracy while disenfranchising everyone else. It plays to a certain unhappy and ill-informed political “base” that has enabled a minority who cares not a whit about the common good to seize control of our country.

While the forces of evil, division, and Constitutional nihilism can be resisted in the courts, the press, and now the House of Representatives, the reign of “malicious incompetence” can only be ended at the ballot box. If it doesn’t happen in 2020, and there is certainly no guarantee that it will, it might well be too late for the future of our republic.

PWS

03-07-19

9TH CIR. SAYS STATUTE BARRING MEANINGFUL JUDICIAL REVIEW OF EXPEDITED REMOVAL PROCESS VIOLATES CONSTITUTION‘S SUSPENSION CLAUSE — Throws “Monkey Wrench” Into Administration’s “Deportation Railroad” On West Coast — THURAISSIGIAM v. USDHS

https://www.nytimes.com/2019/03/07/us/asylum-seekers-ninth-circuit.html

Miriam Jordan reports for the NY Times:

LOS ANGELES — Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly deport asylum seekers who fail an initial screening, opening the door for thousands of migrants a year to get another shot in the federal courts to win asylum in the United States.

The ruling broadens constitutional protections for undocumented immigrants at the border and opens a new legal gateway for some of them to appeal for permission to stay in the country, even when an asylum officer and an immigration judge have made a determination that they do not have a credible fear of persecution in their homeland.

“The historical and practical importance of this ruling cannot be overstated,” said Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, who argued the appeal on behalf of a Sri Lankan migrant who had been turned away at California’s border with Mexico in 2017. He said the ruling “reaffirms the Constitution’s foundational principle that individuals deprived of their liberty must have access to a federal court.”

After dropping precipitously over five decades, the number of migrants intercepted at the southern border — the key indicator of how many undocumented people are entering the United States — is soaring again, driven by an influx of families from Central America fleeing violence and poverty. Immigration authorities received more than 99,000 requests for asylum interviews during the 2018 fiscal year, including more than 54,000 submitted at the southwest border.

[Read the latest edition of Crossing the Border, a limited-run newsletter about life where the United States and Mexico meet. Sign up here to receive the next issue in your inbox.]

President Trump has said that migrants are exploiting the asylum system by making baseless and fraudulent claims in order to remain in the United States, and his administration has taken a number of steps to make the process harder, including narrowing the grounds for winning asylum, limiting the number of asylum seekers who can be processed at the border each day and requiring some applicants to wait in Mexico while their cases make their way through the courts.

In 2016, the most recent year for which data is available, an estimated 7,200 migrants were denied permission to apply for asylum after their initial interviews and were placed in expedited deportation proceedings. An analysis by the Transactional Records Access Clearinghouse at Syracuse University found that in June 2018, only 15 percent of initial asylum reviews found that the asylum seeker had a credible fear of persecution, about half the proportion that had prevailed a year earlier.

Thursday’s court decision will most likely send that trend in the other direction, legal analysts said.

“This is a historic decision,” said Stephen Yale-Loehr, an immigration scholar at Cornell Law School. “But the government will surely appeal this to the Supreme Court.”

The opinion, from the United States Court of Appeals for the Ninth Circuit, extends constitutional habeas corpus guarantees to those applying for asylum at the border and provides that they can seek a hearing in the federal courts before being summarily deported — though the court did not specify what standards the courts must use to evaluate such petitions.

The ruling applies to asylum seekers in the five states included in the court’s jurisdiction — California, Arizona, Washington, Oregon and Hawaii — and, because it conflicts with an earlier ruling rejecting such legal protections in the Third Circuit, the issue is likely to be resolved ultimately by the Supreme Court. In the meantime, legal analysts said, the western court’s decision is likely to have sweeping implications for immigration deterrence efforts by enabling thousands to remain in the country while they seek the court review.

Under current procedure, every migrant who arrives at the border and expresses a fear of persecution in his or her homeland is referred for an interview with an asylum officer. Those who succeed in convincing the officer that they have a credible fear are allowed to enter the country and proceed with their asylum cases in the immigration courts. Those who don’t can request a review by an immigration judge, but it is usually cursory and favorable decisions are rare. There is usually no access to a lawyer, and no opportunity to challenge the decision; deportation quickly ensues.

In the case before the appeals court, Vijayakumar Thuraissigiam, a member of Sri Lanka’s Tamil ethnic minority, was arrested about 25 yards north of the border near San Ysidro, Calif., and told an asylum officer that he was fearful of returning to his homeland. The officer found no credible fear, and that finding was upheld by a supervisor and an immigration judge.

Mr. Thuraissigiam was in deportation proceedings when he filed a habeas corpus petition in the federal court. He argued that the asylum officer had failed to elicit important background about his case, including that he had been detained and beaten by Sri Lankan army officers on two occasions, and at one point had been lowered into a well and nearly drowned. He also said there were communication problems between the translator and both the asylum officer and the immigration judge.

As a result, his lawyers argued, he was deprived of “a meaningful right to apply for asylum.”

A district court judge in Los Angeles rejected that argument, but the three-judge appeals court panel, sitting in San Francisco, held that even though an asylum seeker may lack the right to a full trial in immigration court, the Constitution requires a more complete review than what immigration law currently provides.

At its “historical core,” said the 48-page opinion written by Judge A. Wallace Tashima, “the writ of habeas corpus has served as a means of reviewing the legality of executive detention, and it is in that context that its protections have been strongest.”

Here’s the full text of the 9th Circuit’s decision.

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/07/18-55313.pdf

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

As noted in the article, this issue is likely to end up with the Supremes, although perhaps not as quickly as the Administration might wish.

If anyone ever gets around to looking at the “rubber stamp review” by Immigration Judges that Sessions encouraged, it’s not going to be pretty for those judges giving short shrift to Due Process for asylum seekers.

Stay tuned.

PWS

03-07-19

 

 

“RETURN TO MEXICO” GIVES DHS A CHANCE TO HARASS IMMIGRATION LAWYERS AND ACTIVISTS AT BORDER!

 

https://www.nbcnews.com/politics/immigration/u-s-officials-made-list-reporters-lawyers-activists-question-border-n980301

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists for border agents to stop for questioning when crossing the U.S-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them, according to documents obtained by NBC station KNSD-TV and interviews with people on the list.

Several people on the list confirmed to NBC News that they had been pulled aside at the border after the date the list was compiled and were told they were being questioned as part of a “national security investigation.”

CBP told NBC News the names on the list are people who were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.

The list, dated Jan. 9, 2019, is titled “San Diego Sector Foreign Operations Branch: Migrant Caravan FY-2019 Suspected Organizers, Coordinators, Instigators, and Media” and includes pictures of the 59 individuals who are to be stopped. The people on the list were to be pulled aside by Customs and Border Protection agents for questioning when they crossed the U.S.-Mexico border to meet with or aid migrants from the Honduran caravan waiting on the Mexican side of the border.

A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven't given permission to publish their information.
A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven’t given permission to publish their information.Obtained by KNSD

The list includes 10 journalists, seven of them U.S. citizens, a U.S.-based attorney and others labeled as organizers and “instigators,” 31 of whom are American. Symbols on the list show that by the time it was compiled 12 of the individuals had already been through additional questioning during border crossings and nine had been arrested.

Click here to read KNSD’s story about the list

In some cases, CBP had also compiled dossiers on the individuals with the help of intelligence from Mexican officials, according to the materials obtained by KNSD.

The cover of the list includes a seal with both the American and Mexican flags and was compiled shortly after the arrival of nearly 5,000 Honduran immigrants at the Tijuana-San Ysidro border, which is in the Border Patrol’s San Diego sector.

On Nov. 25, unrest broke out as some immigrants attempted to run through border checkpoints or scale the barriers after growing frustrated with the long wait to enter the country. CBP officers responded with tear gas, bringing attention to the worsening tension between CBP and the frustrated migrants in Tijuana.

In response to a KNSD question about the list, a spokesman for CBP said it is protocol to “collect evidence that might be needed for future legal actions.”

“To determine if the event was orchestrated…CBP and our law enforcement partners evaluate these incidents, follow all leads garnered from information collected, conduct interviews and investigations, in preparation for, and often to prevent future incidents that could cause further harm to the public, our agents, and our economy,” the spokesman told KNSD.

FEARS CONFIRMED

The documents confirm what many people who report on immigration or provide humanitarian aid and legal counsel to asylum seekers at the southern border have reported anecdotally. They say that CBP is focused on them and increasingly pulling them aside for what is known as a “secondary screening.”

During that screening, journalists and lawyers describe being told that they are being interviewed as part of a national security investigation and that they must give officers access to their cell phones. Many do not know their rights as American citizens to refuse to answer such questions or request a lawyer.

One lawyer from the list who was recently stopped at a San Diego-area crossing, Nicole Ramos, refugee director for Al Otro Lado, a law center for migrants in Tijuana, Mexico, learned from NBC News that CBP had compiled a dossier of information on her. The dossier included personal details such as her mother’s name, her social media pictures, the car she drives and her work and travel history.

“The document…appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum seekers and who are critical of CBP practices that violate the rights of asylum seekers,” Ramos said.

Two other immigration lawyers who frequently travel to northern Mexico to help asylum seekers attempting to cross into the U.S. say the practice is starting to scare away would-be volunteers.

“It has a real chilling effect on people who might go down there. I was going to go this week, but I had to worry about whether I could get back in [to the U.S.],” one lawyer speaking on the condition of anonymity told NBC News.

Other immigration lawyers told NBC News they have been stopped and questioned in places far from San Diego. In Juarez, an attorney was stopped and accused of being a human smuggler. She was released only after the officers took her contacts and data from her phone. She was also asked what she was telling asylum seekers to say to U.S. authorities, according to another lawyer speaking on her behalf.

A former senior DHS official said it is against U.S. policy to target travelers based on their profession.

“It would be highly inappropriate and questionable from a legal perspective,” the former official said.

“While it is true that CBP has broad authority to interview and search anyone crossing the border, if there is no reasonable suspicion that you are involved in criminal activity, then they have no right to detain you,” the former official added.

This is a tragedy. Legal representation is probably the single most important and cost-effective thing that could be done to facilitate processing, insure fair decisions consistent with Due Process, prevent the mistakes that are prevalent in an overloaded and inherently biased system, and insure appearance at future hearings. For a fraction of the cost of the various “built to fail” and often illegal enforcement schemes this Administration crooks up, they could actually take a big step toward resolving the problem with universal representation.
Kakistocracy has its costs, both human and fiscal.
Join the New Due Process Army and fight the Trump Kakistocracy every day!
PWS
03-07-19

GOVERNMENT BY MALICIOUS INCOMPETENTS: Trump Administration’s Latest “Backlog Reduction Plan” — Slow Down Hiring Of U.S. Immigration Judges & Support Staff — Abandon E-Filing (Again) — Barr Wins His First “Five Clown” Rating In Record Time! 🤡🤡🤡🤡🤡

https://www.buzzfeednews.com/amphtml/hamedaleaziz/trump-administration-immigration-judges-hiring-pause?__twitter_impression=true

Hamed Aleaziz reports for BuzzFeed News:

The Trump administration will pause its hiring of immigration judges, slow its procuring of support staff, and cancel a training conference, dealing a setback to the government’s efforts to cut down on a crushing backlog of cases, according to a Justice Department email obtained by BuzzFeed News.

James McHenry, director of the Executive Office for Immigration Review, notified immigration court staff in an email Wednesday morning, advising that the timing of the 2019 budget process has left them “considerably short of being able to fulfill all of our current operational needs.”

McHenry cited increases in costs related to transcriptions, operational needs, and interpreters.

“This challenging budget situation has led us to a position where difficult financial decisions need to be made,” wrote McHenry.

As a result of the funding issues, McHenry said, the court does not “anticipate” it will be able to hire additional judges after an already scheduled class of judges is brought on board in April. The budget costs will also impact the court’s hiring of 250 attorneys needed to support immigration judges.

The pause on hiring delivers a blow to an administration that has long complained that the immigration court backlog, which has increased in recent years to more than 800,000 cases, has led to wait times stretching months and years.

The budget signed by President Trump this year had been described as a way for the immigration court to hire an additional 75 immigration judge teams.

A Department of Justice official, Steven Stafford, disputed the notion it would freeze hiring, arguing that it was simply not continuing to hire judges at the same pace. McHenry noted that the administration had hired 174 new immigration judges in the last two years and now has more than 400 judges on staff.

Rebecca Blackwell / AP

A migrant family enters the US near Imperial Beach, Calif., after squeezing through a small hole under the border wall.

The news comes a day before McHenry is set to speak before the House Appropriations Committee and as the court withstands criticisms from the union that represents immigration judges and moves to increase productivity, including quotas.

In recent months, many judges, who oversee asylum claims and deportation cases, have retired or resigned citing interference in how they were handling cases.

“This administration has justified so many of their more draconian policies in terms of ‘we have got to lower the backlog’ and then all of a sudden they don’t have the funds to hire more immigration judges,” said Jeffrey Chase, a former immigration judge. “If their true goal is to provide fair adjudications more quickly, then this is inconsistent with that. More people will wait longer.”

The nationwide rollout of a new online filing system, meant to help improve efficiency, will be frozen, McHenry said, and additional delays on new court spaces will also be possible this year.

“We are doing our best at headquarters to ensure that our funds are spent in the most fiscally responsible manner possible,” he said in the email to staff, “while consistently meeting the needs and mission of the agency.”

Quick takes:
  • Duh! Who would have thought that hiring more judges would require more interpreters, transcripts, and “operational support.” Certainly not the geniuses at DOJ/EOIR;
  • After 18 years of fruitless effort, DOJ/EOIR fail yet again to deliver on e-filing (in and of itself enough reason to get this out of DOJ and “can” the EOIR ineffective management structure);
  • Apparently, building largely useless walls and wasting money on troops at the border are more important “priorities” for reducing the backlog than actually hearing and deciding cases;
  • Court morale is already at an all time low — this ought to send it even lower;
  • Count on this touching off yet another round of EOIR’s renowned “Aimless Docket Reshuffling” and more vicious and disingenuous “Victim Blame Shaming;”
  • Bad start for new AG Bill Barr — Sessions “set the bar on the ground,” but you still might not get over it;
  • On the bright side, since in the “wacky incompetent world” of DOJ/EOIR more judges actually = more backlog, perhaps fewer judges will = less backlog.

The Immigration Court system is a farce, and EOIR doesn’t have the faintest idea of how to fix it (nor does anyone else in the Trump Kaksitocracy for that matter). Unfortunately, lives are at stake here. To quote Casey Stengel again: “Can’t anyone here play this game?”

TODAY’S FIVE CLOWN AWARD GOES TO RECENTLY APPOINTED AG BILL BARR — SELDOM HAS SOMEONE LOOKED SO STUPID WITHIN SUCH A SHORT TIME OF TAKING AN OFFICE (THAT HE PREVIOUSLY HELD):

🤡🤡🤡🤡🤡

PWS

03-07-19

HUMAN RIGHTS FIRST: ADMINISTRATION’S LATEST IMMORAL GIMMICK — A “REGIONAL REPRESSION COMPACT” — FURTHERS PERSECUTION WITHOUT ADDRESSING ROOT CAUSES OF REFUGEE FLOW FROM NORTHERN TRIANGLE!

February 21, 2019

Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis

New York City—In response to today’s announcement that Department of Homeland Security Secretary Kirstjen Nielsen is discussing the development of a regional compact plan with Central American countries in the northern triangle, Human Rights First’s Eleanor Acer issued the following statement:

The so-called compact announced today sounds like a short-sighted and heavy-handed attempt to stop people in desperate need of safety from finding it in the United States, rather than an actual commitment to address underlying human rights violations in the region. It is yet another move from an administration that has spent the past two years dismantling the systems put in place to protect the world’s most vulnerable people.

This announcement does not reflect any commitment to address the actual root causes pushing people to seek protection—political repression, gender-based persecution, brutal murders, and other human rights violations.

The Trump Administration is enlisting the very countries that people are fleeing to prevent the escape of individuals plagued by this persecution and violence. The United States should certainly work with countries in the region to counter and prosecute smugglers and traffickers who prey on migrants and asylum seekers. This plan, however, aims to stop asylum seekers who do not employ smugglers but travel with other people for safety through dangerous territories.

Human Rights First urges the Trump Administration to implement regional strategies that strengthen the rule of law and human rights conditions in Central America, strengthen refugee protection in Mexico and other countries, and stop its efforts to block refugees from asylum in the United States.

For more information or to speak with Acer contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319

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

It’s “Kakistocracy in Action” — malicious incompetence institutionalized. Certainly, Nielsen has to be the worst excuse ever for a DHS Secretary. Indeed, those who actually might threaten our security must be “licking their chops” at her continuous display of idiotic Trump sycophancy and White Nationalist lies and obsessions with bedraggled families seeking refuge while smugglers, drug traffickers, cartels, and gangs reap profits from her failed policies and take delight in her inability and unwillingness to address the real security problems.

While real human rights crises are unfolding, and real human lives are in danger, the Trump Administration dawdles away time and resources on endless “designed to fail” White Nationalist gimmicks that appear intended to enable and encourage persecution rather than addressing the problems that cause forced migration.

The Obama Administration did a genuinely lousy job of addressing the refugee and human rights issues in the Northern Triangle. But, Trump, Nielsen, and McAleenan are making to Obama group look like humanitarian geniuses by comparison.

As the great Casey Stengel once said while attempting to manage the 1962 NY Mets: “Can’t anybody here play this game?” Sadly, in the case of the Trump Administration, the answer is a resounding “No.”

Bad things happen to countries that allow themselves to be run by malicious incompetents (that is, a Kakistocracy).

As I have said before, “We Are diminishing ourselves as a nation, but that won’t stop human migration.”

Join the New Due Process Army and help restore humanity, Due Process, competence, and good government to America before it’s too late!

PWS

03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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

It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

GW CLINIC REPORT: Justice Finally Triumphs — 7-Year Battle On Behalf Of Abused Refugee Woman Succeeds!

Paulina Vera, Esq.; Professor Alberto Benitez; Rachel Petterson

Friends,
Please join me in congratulating S-P-G-G, from El Salvador, whose asylum application was granted by IJ David Crosland on February 26.  We received the decision today.  When told of the grant, S-P-G-G screamed.  She can start the process of bringing her minor son to the USA.  Please also join me in congratulating Rachael Petterson, Julia Navarro, Solangel González, Chen Liang, Xinyuan Li, Abril Costanza Lara, Allison Mateo, and Paulina Vera, who worked on this case.
The IJ found that S-P-G-G warranted humanitarian asylum because she established compelling reasons arising from the severity of her persecution.  Among other things, she had been raped by her sister’s ex-boyfriend, which resulted in her becoming pregnant, and giving the child up for adoption.  S-P-G-G testified that she experiences recurring nightmares, suicidal feelings, a sense of hopelessness, and fear as a result of her persecution.
FYI.  The client’s initial hearing was on December 18, 2012, IJ Crosland denied asylum, she appealed to the Board of Immigration Appeals (BIA), which remanded to the IJ, he denied asylum again, she appealed to the BIA, which denied asylum, she appealed to the 4th Circuit Court of Appeals, which remanded to the IJ, and he finally granted asylum on February 26.
**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
************************************
Congrats to SPGG and her wonderful team at the GW Immigration Clinic! More than six years of litigation, two wrongful denials, two appeals to the BIA, one incorrect BIA decision, and a remand from the Fourth Circuit before justice was finally done.
Illustrates four things:
  • The absolute BS of those like Sessions and other restrictionists who say asylum cases can be raced through the system on an assembly line;
  • The further BS of claiming that asylum applicants and their lawyers are “gaming” the system when many delays, like this, are caused by poor anti-asylum decision-making within EOIR combined with the DOJ’s incompetent administration of the Immigration Courts;
  • The importance of full appellate rights, including review by a U.S. Court of Appeals that is actually an independent, fair, and impartial court, not a Government agency masquering as a court;
  • The absurdity of claiming that unrepresented asylum seekers can receive anything approaching Due Process in the EOIR system, particularly when they are held in inherently coercive “civil immigration detention.”

What if we had a fair, expert Immigration Court system that made every effort to do right by asylum seekers in the first instance by interpreting and applying the law in the generous and humanitarian manner to protect those in need as originally intended in the Refugee Act of 1980 and described by the Supremes in Cardoza-Fonseca?

What if we had a Government that cared about Due Process and worked to promote it rather than attempting to whack it out of shape to screw the most vulnerable among us at every opportunity?

What if the emphasis in the Immigration Courts was on fairness, scholarship, respect, and teamwork with all concerned (not just “partnership” with the prosecutor and politicized Administration goals) rather than on “haste makes waste” methods and gimmicks.

Hey, we could have a working court system where justice was served and more things got done right in the first place, instead of the disgraceful mess that EOIR has become under DOJ’s highly politicized mismanagement!

PWS

03-07-19

WORLD ECONOMIC FORUM: GOOD NEWS: Migration Is Good For The World, Sending & Receiving Countries Benefit, & The Oft-Repeated Myths Of Fiscal Burdens & Wage Depression For “Host Countries” Are False — BAD NEWS: Countries With Nationalistic Leaders Who Are “Invested In The Myths” Are Unlikely To Realize The Full Potential Of Migration

https://www.project-syndicate.org/commentary/global-compact-opposition-migration-development-by-mahmoud-mohieldin-and-dilip-ratha-2019-02

On December 19, 2018, the United Nations General Assembly voted to adopt the Global Compact for Safe, Orderly and Regular Migration, with 152 votes in favor, five votes against, and 12 abstentions. Supporters hailed the Compact as a step toward more humane and orderly management of migration, yet opposition remains formidable.

The Compact is not a legally binding treaty, nor does it guarantee new rights for migrants. In fact, the Compact’s 23 objectives were drafted on the basis of two years of inclusive discussions and six rounds of negotiations, focused specifically on creating a framework for international cooperation that would not interfere excessively in countries’ domestic affairs.

Because of misunderstandings about the Compact, it is worth taking a closer look at the migration challenge – and the vast benefits that a well-managed system can bring to host countries and home countries alike.

Migration is motivated, first and foremost, by lack of economic opportunities at home. With the average income level in high-income countries more than 70 times higher than in low-income countries, it is not surprising that many in the developing world feel compelled to try their luck elsewhere.

This trend is reinforced by demographic shifts. As high-income countries face population aging, many lower-income countries have burgeoning working-age and youth populations. Technological disruption is also putting pressure on labor markets. Moreover, climate change, as indicated by a recent World Bank report, will accelerate the trend, by driving an estimated 140 million people from their homes in the coming decades.

But, contrary to popular belief, nearly half of all migrants do not move from developing to developed countries. Rather, they migrate among developing countries, often within the same neighborhood.

Moreover, return migration is increasing, a fact that is often overlooked, often because migrants were denied entry into the labor market or their work contracts ended. For example, the number of newly registered South Asian workers in the Gulf states declined significantly – by anywhere from 12% to 41% – over the last two years. Between 2011 and 2017, the number of potential returnees in Europe – asylum-seekers whose applications were rejected or who were found to be undocumented – increased fourfold, reaching 5.5 million. Over the same period, the number of potential returnees in the United States more than doubled, to over three million. Return migration from Saudi Arabia and South Africa has increased as well.

Those migrants who remain in their host countries make substantial contributions. Although the world’s estimated 266 million migrants comprise only about 3.4% of the global population, they contribute more that 9% of GDP.

To achieve this, migrants must overcome high barriers to economic success. For example, unskilled workers, especially those from poor countries, often pay very high fees – which can exceed an entire year’s income for a migrant worker in some destination countries – to unscrupulous labor agents to find employment outside their own countries. That is why the Sustainable Development Goals (SDGs) include a target to reduce recruitment costs.

Migration also delivers major economic benefits to home countries. While migrants spend most of their wages in their host countries – boosting demand there – they also tend to send money to support families back home. Such remittances have been known to exceed official development assistance. Last year, remittances to low- and middle-income countries increased by 11%, reaching $528 billion, exceeding those countries’ inflows of foreign direct investment.

Globally, the largest recipient of remittances is India ($80 billion), followed by China, the Philippines, Mexico, and Egypt. As a share of GDP, the largest recipients were Tonga, Kyrgyzstan, Tajikistan, and Nepal. The increase in remittances during 2018 was due to improvement in the labor market in the US and the recovery of flows from Russia and the Gulf States.

But the potential of remittances to support sustainable development is not being met. A major obstacle is the high cost of transferring money.

Migrants sending money home pay, on average, 7% of the total of the transfer itself, owing to weak competition in the market for remittance services – a result of stringent regulations intended to combat financial crimes like money laundering – as well as reliance on inefficient technology. Achieving the SDG target of reducing transfer costs below 3% – which would support progress toward the target of increasing the total volume of remittances – will require countries to address these weaknesses.

We are closely monitoring these often-overlooked ways that migration can support development, owing to their links to SDG indicators. But recent research busts other migration myths as well, showing, for example, that migrants neither impose a significant fiscal burden on host countries nor depress wages for lower-skill native workers.

Migration flows are increasing – a trend that is set to continue. Fragmented migration policies shaped by popular myths cannot manage this process effectively, much less seize the opportunities to spur development that migration creates. Only a coordinated approach, as envisioned in the Global Compact, can do that.

REP. DON BEYER (D-VA) IN THE HILL: There Are Strategies To Constructively Address Human Rights Problems In The Northern Triangle — A Wall Isn’t One Of Them

https://thehill.com/blogs/congress-blog/foreign-policy/431757-rep-beyer-what-i-learned-in-central-america

Rep. Breyer writes:

Last week I traveled with colleagues to Central America’s Northern Triangle — Guatemala, Honduras, and El Salvador — where we spent five days meeting with heads of state, law enforcement, business leaders, U.S. ambassadors and diplomatic staff, USAID officials, and working people.

The trip, organized by Sen. Tom Carper of Delaware, was highly informative, particularly given the ongoing debate over immigration policy, temporary protected status (TPS), trade, and other related issues.

I think my fellow travelers – Sens. Carper and Jeff Merkley (Ore.) and Reps. Lisa Blunt Rochester (Del.), Lou Correa (Calif.), and Donald Norcross (N.J.) – would agree that what we saw and heard was both depressing and encouraging.

It is clear that the top mission of our U.S. presence in these countries is changing the conditions which drive irregular migration attempts to the United States. We are attacking the corruption, especially within the governments, which undermines citizen confidence that their countries will progress.  We are training police forces to deal with both gang violence and narcotics trafficking, with significant reductions in the murder rates in all three countries.  And we are investing in the conditions necessary for economic growth, especially the training of young people for jobs that pay much more than the minimum wage.

Our top concern was the decline in presidential support for U.S. initiatives to support economic growth and improved security in the region, and the naive idea that a wall on a border more than a thousand miles north will be any disincentive for jobless people living in fear of violence. The notion that a wall would magically solve the complex problems which cause people to flee to the United States was not borne out by what we saw.

Instead, we saw again and again that when we help create conditions of the most modest prosperity, when we reduce the fear of imminent violence, and when folks believe things will get better, it greatly reduces people’s desire to emigrate to the United States.

The most effective way for us to deal with unwanted immigration is to address the root causes in the developing economies of the Northern Triangle. We have already made a significant difference, but there is so much more we can and must do.

We should begin by shifting the useless waste of taxpayer funds in a silly border wall into greater investment into the Alliance for Prosperity, into our law enforcement efforts, and into diplomacy which will ensure ever less corrupt and more responsive governments.

My colleagues and I will be sharing these lessons with our colleagues this week, as Congress takes up a measure to reject the president’s fake national emergency, and beyond it as we look for humane, practical solutions to improve our immigration system and our relationships with these nations.

Beyer represents Virginia’s 8th District.

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There are many other things that we could do, both internationally and domestically, to address the current humanitarian situation in the Northern Triangle. The money that the Trump Administration is happy to waste on a wall, unnecessary and inhumane detention, and the unneeded stationing of troops on the border could actually support much more reasonable and effective approaches that would comply with the law, rather stretching and often breaking it.

We need a better government by better people. Join the New Due Process Army and help end the Trump Kakistocracy.

NOTE:  Don Beyer is our Representative.

PWS

03-06-19

REFUGEES ARRIVE IN INCREASING NUMBERS AS TRUMP’S UNILATERAL “ENFORCEMENT ONLY” POLICIES FAIL: “Deterrents” Don’t Work, But DHS Officials Request More Authority To Abuse Refugees — With An Administration That Refuses To Recognize The Reality Of The Situation In The “Failed States” Of The Northern Triangle & To Work Cooperatively With Refugee NGOs, The International Human Rights Community, & Lawyers, No Solution On Horizon!

https://www.washingtonpost.com/news/national/wp/2019/03/04/feature/after-cold-busy-month-at-border-illegal-crossings-expected-to-surge-again/

Nick Miroff reports for WashPost:

In a dusty lot along the U.S.-Mexico border fence, a single Border Patrol agent was stuck with few options and falling temperatures.

A group of 64 parents and children had waded through a shallow bend in the Rio Grande to turn themselves in to the agent on the U.S. side. He radioed for a van driver, but there were none available. By 2 a.m., the temperature was 44 degrees.

The agent handed out plastic space blankets. The group would have to wait.

Groups like this arrived again and again in February, one of the coldest and busiest months along the southern border in years. U.S. authorities detained more than 70,000 migrants last month, according to preliminary figures, up from 58,000 in January. The majority were Central American parents with children who arrived, again, in unprecedented numbers.

During a month when the border debate was dominated by the fight over President Trump’s push for a wall, unauthorized migration in fiscal 2019 is on pace to reach its highest level in a decade. Department of Homeland Security officials say they expect the influx to swell in March and April, months that historically see large increases in illegal crossings as U.S. seasonal labor demand rises.

Migrant families wait for a Border Patrol van to take them to a holding facility in El Paso on Feb. 22. It was cold and windy that night, so a border agent distributed plastic blankets to the group.

The number of migrants taken into custody last year jumped 39 percent from February to March, and a similar increase this month would push levels to 100,000 detentions or more.

It was a surge in the border numbers in March 2018 that infuriatedPresident Trump and launched his administration’s attempt to deter families by separating children from their parents. Trump stopped the separations six weeks later to quell public outrage. But the controversy the policy generated — and its widely publicized reversal — is now viewed by U.S. agents as the moment that opened the floodgates of family migration even wider, worsening the problem it was meant to fix.

While arrests along the border fell in recent years to their lowest levels in half a century, they are now returning to levels not seen since the George W. Bush administration, driven by the record surge in the arrival of Central American families.

For U.S. border agents, the strain has grown more acute, as they struggle to care for children using an enforcement infrastructure made in an era when the vast majority of migrants were Mexican adults who could be quickly booked and deported. The Central American families — called “give-ups” because they surrender instead of trying to sneak in — have left frustrated U.S. agents viewing their own role as little more than the facilitators for the last stage of the migrants’ journey. They are rescuing families with small children from river currents, irrigation canals, medical emergencies and freezing winter temperatures.

“We’re so cold,” said Marlen Moya, who had left Guatemala with her sons six weeks earlier and crossed the Rio Grande with the group of 64.

Moya’s son Gael, 6, was sick with a fever and moaning, his face streaked with tears. “In Juarez, we were shoved and yelled at,” she said, looking back across the river to Ciudad Juarez, Mexico. “We slept on the street.”

Asked why she didn’t cross during the day, when temperatures were mild, Moya said she worried that Mexican police would stop them. “We’ve already come this far,” she said.

Marlen Moya, who had left Guatemala with her sons six weeks earlier, holds Gael, 6, as they wait along with Anderson, 8. Moya said she fled Guatemala City after being threatened and robbed at gunpoint at her beauty salon.

Much of the attention last fall was focused on caravan groups, mostly from Honduras, as they reached Tijuana, Mexico, not far from San Diego. Then concern shifted to Arizona and New Mexico, where groups of rural Guatemalan families began showing up at remote border outposts. Two Guatemalan children died in December after being taken into U.S. custody, as Homeland Security officials declared a humanitarian and national security crisis.

The border deal Trump and Democrats reached last month includes $415 million to improve detention conditions for migrant families, including funds to potentially open a new processing center in El Paso. But in the meantime, families continue to arrive in groups large and small, in faraway rural areas and right in downtown El Paso.

“The numbers are staggering, and we’re incredibly worried that we will see another huge increase in March,” said a Homeland Security official who spoke on the condition of anonymity to discuss the unpublished figures.

The lone U.S. agent with the group was the only one available along that span. Drug smugglers have been using the groups as a diversion, so the agent couldn’t leave the riverbank.

No vans or buses arrived to pick up the families. Other agents were busy at the nearby processing center because so many groups had arrived in El Paso that night, and still others were at the hospital, where they were helping parents and children receive treatment for severe flu symptoms.

Homeland Security officials have been urging lawmakers to grant them broader powers to detain and quickly deport families in a search for deterrent measures. Their attempts to crack down using executive actions have been blocked repeatedly in federal court.

The migrants travel by van to a holding facility in El Paso.

The Trump administration has begun sending some asylum-seeking Central Americans back to Mexico to wait while their claims are processed, but so far that experiment has been limited to California’s San Ysidro port of entry.

About 150 migrants were sent back across the border in February, according to Mexican authorities, but that is a small fraction of the more than 2,000 unauthorized migrants coming into U.S. custody on an average day.

Homeland Security officials said Friday that the pilot program, which they call Migrant Protection Protocols, will expand to El Paso and potentially other locations in coming weeks, predicting that the number of Central Americans sent back would grow “exponentially.” Some of the cities where they will wait are among the most dangerous in Mexico.

Mexican officials are cooperating by providing general assistance and job placement for those sent back to wait, but privately they have warned the Americans that their capacity to take parents with children is extremely limited, especially families that need welfare assistance and enrollment in already-crowded public schools.

Migrants at the border hold tight to the blankets and move about the area to stay warm while they wait for the van.
. . . .
*************************************
Read the full article at the above link.
As long  as the Trump Administration insists on dealing unilaterally with a humanitarian refugee situation as a fake law enforcement problem, there will be no resolution; just more pain, needless suffering, and scofflaw gimmicks by an inhumane and incompetent Administration.
PWS
03-04-19

THE GIBSON REPORT — 03-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 03-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Rand Paul Says He’ll Vote Against Trump’s Border Emergency, Likely Forcing A Veto

NPR: Senator Rand Paul of Kentucky says he’ll vote in favor of a resolution to terminate President Trump’s national emergency declaration with regards to the U.S.-Mexico border. Paul’s support means the resolution will likely pass the Senate with bipartisan support and could force the president to issue his first veto.

 

‘Remain in Mexico’ gets an expansion

Politico: A Homeland Security official alerted POLITICO’s Ted Hesson [on 2/28/19] that the Trump administration will today expand its “remain in Mexico” policy — which requires asylum seekers to stay in Mexico while awaiting resolution of their cases — to ports of entry in El Paso, San Diego, and Calexico, Calif. Olga Sánchez Cordero, Mexico’s interior minister, said Thursday that approximately 150 asylum seekers have thus far been returned to Mexico under the program. That’s a fraction of the tens of thousands who arrive at the border each month.

 

29 parents separated from their children and deported last year cross U.S. border to request asylum

WaPo: The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

 

28 women may have miscarried in ICE custody over the past 2 years

AZ Rep: The delivery of a stillborn baby at an immigration detention center in Texas comes after the Trump administration ended an Obama-era policy against holding pregnant women in detention centers.

 

HHS docs show thousands of alleged incidents of sexual abuse against unaccompanied minors in custody

CNN: The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.

 

Data from the Center for Migration Studies Shows Sharp Multiyear Decline in Undocumented Immigration

CMS: [T]he Center for Migration Studies of New York (CMS) reports that the US undocumented population has declined by one million since 2010; illegal entries have plummeted to historic lows; and, in recent years, only one third of newly undocumented residents entered this population by crossing the US-Mexico border.

 

Southern Poverty Law Center Launches ‘Immigrant Songs’ Campaign: Listen

Billboard: The Southern Poverty Law Center has launched a campaign to provide legal information and to “protect and advance immigrant rights” through song. “El Corrido de David y Goliat,” by Flor de Toloache, is the first single released as part of the SPLC’s Immigrant Songs campaign.

 

It’s so dangerous to police MS-13 in El Salvador that officers are fleeing the country

WaPo: There is no list in either El Salvador or the United States of Salvadoran police officers who have fled the country. But The Washington Post has identified 15 officers in the process of being resettled as refugees by the United Nations and six officers who have either recently received asylum or have scheduled asylum hearings in U.S. immigration courts. In WhatsApp groups, police officers have begun discussing the possibility of a migrant caravan composed entirely of Salvadoran police — a caravana policial, the officers call it.

 

Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention

On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention. AILA Doc. No. 19022837

 

Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

AIC: In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is especially the case for immigrants being held in remote detention centers, hours from the nearest immigration court. However, under the Trump administration, immigration courts are increasingly relying on VTC.

 

Brooklyn DA supports plan to give driver’s licenses to illegal immigrants

NYPost: There is already state legislation pending, and the Fiscal Policy Institute estimates 265,000 immigrants would be eligible to apply if the measure passes.

 

Americans’ immigration emergency: Their spouses could be deported or exiled if they seek green cards

PRI: Enough families have already been hurt by the law, with its mandatory “bars,” or exile, that can last 10 years, 20 years, even a lifetime, depending on the spouse’s immigration history, as the Center for Public Integrity has reported in multiple stories. But with Trump insisting there’s a “national emergency” on the southern border—despite record low crossings—these US citizens want to let their fellow Americans know that they’re suffering an emergency every day.

 

U.S. denied tens of thousands more visas in 2018 due to travel ban: data

Reuters: The U.S. State Department refused more than 37,000 visa applications in 2018 due to the Trump administration’s travel ban, up from less than 1,000 the previous year when the ban had not fully taken effect, according to agency data released on Tuesday.

 

40 Years After The Vietnam War, Some Refugees Face Deportation Under Trump

NPR: More than four decades after the Vietnam War brought waves of expatriates to the United States, the Trump administration wants to deport thousands of Vietnamese immigrants, including many refugees, because of years-old criminal convictions. U.S. officials have been working behind the scenes to convince the Vietnamese government to repatriate more than 7,000 Vietnamese immigrants with criminal convictions. They have all been ordered removed from the U.S. by a judge.

 

Human Smugglers Are Thriving Under Trump

Atlantic: Trump’s “zero tolerance” immigration policies have made America’s historically weak anti-smuggling efforts even weaker. Over the past two years, as smuggling networks have thrived, the Department of Homeland Security has shifted money and manpower away from more complex investigations to support the administration’s all-out push to arrest, detain, and deport immigrants here illegally.

 

Emails Show US Border Officials Didn’t Receive “Zero Tolerance” Guidance Until After The Policy Was Enacted

BuzzFeed: US border officials didn’t receive guidance from the Trump administration on how to implement its “zero tolerance” policy that led to separations of migrant families until after Department of Homeland Security Secretary Kirstjen Nielsen signed a memo enacting it, according to emails obtained by Democracy Forward through a Freedom of Information Act request.

 

When Trump declared national emergency, most detained immigrants were not criminals

WaPo: According to new U.S. Immigration and Customs Enforcement figures obtained by The Washington Post, the nation’s immigration jails were not filled with such criminals. As of Feb. 9, days before the president’s declaration, nearly 63 percent of the detainees in ICE jails had not been convicted of any crime.

 

He Exposed Abuse At A Florida Immigrant Detention Center. Now He’s In Prison

WLRN: Weeks after a documentary exposing injustices at a South Florida for-profit immigration detention center debuted at a national film festival, Claudio Rojas— the film’s inside source— was arrested by U.S. Immigration and Customs Enforcement in Miramar during his annual visa check-in, records show.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Trump Administration Forced To Extend TPS Protections To More Than 250,000 Immigrants Due To Court Injunction

Newsweek: The Department of Homeland Security announced on Thursday that to comply with a court injunction it would extend the Temporary Protected Status it sought to terminate for hundreds of thousands of immigrants from El Salvador, Nicaragua, Haiti and Sudan.

 

Exasperated Federal Judge Pokes Holes In Trump Administration’s Refusal To Protect Young Immigrants

Gothamist: A federal judge in Manhattan heard arguments Monday on a class action case that could determine whether undocumented immigrants in New York between the ages of 18 and 21 can stay in the country legally if they’ve been abused or abandoned by a parent.

 

ICE Detention Center Says It’s Not Responsible for Staff’s Sexual Abuse of Detainees

ACLU: Although the employee pled guilty to criminal institutional sexual assault under Pennsylvania law, the defendants contend that they should not be liable for any constitutional violations. Their argument rests in part on their assessment that the sexual abuse was “consensual” and that they should be held to a different standard because the Berks Family Residential Center is an immigration detention facility rather than a jail or prison.

 

The Government Is Hiding Information About How It Deports People – This Lawsuit Seeks to Expose That

AIC: The lawsuit demands the Executive Office for Immigration Review and the Department of Justice release to the public information on how immigration court stays of removal are decided.

 

Judge grants citizenship to twin son of gay couple

AP: A federal judge in California ruled Thursday that a twin son of a gay married couple has been an American citizen since birth, handing a defeat to the U.S. government, which had only granted the status to his brother. The State Department was wrong to deny citizenship to 2-year-old Ethan Dvash-Banks because U.S. law does not require a child to show a biological relationship with their parents if their parents were married at the time of their birth, District Judge John F. Walter found.

 

At Least Nine Babies Are Being Detained by U.S. Immigration Authorities, a Complaint Says

Buzzfeed News reports that according to a complaint filed by AILA, the American Immigration Council, and CLINIC, at least nine infants under the age of 1, and some as young as 6 months, have been detained by ICE at a Texas detention center where they lack adequate medical care. AILA Doc. No. 19030136

 

ICE Releases Guidance on Migrant Protection Protocols

ICE released a memo providing guidance to impacted Enforcement and Removal Operations (ERO) field offices on implementation of the Migrant Protection Protocols. AILA Doc. No. 19022870

 

Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States

President Trump issued a presidential proclamation on 2/15/19 declaring a national emergency along the southern border. (84 FR 4949, 2/20/19) AILA Doc. No. 19021539

 

USCIS Releases Q&As from Teleconference Discussing USCIS Intercountry Adoption Policy Guidance

USCIS provided background and effective dates, as well as Q&As, from the 1/22/19 teleconference on determining suitability of prospective adoptive parents for intercountry adoption policy guidance that USCIS issued on 11/9/18. AILA Doc. No. 19011400

 

USCIS Provides Q&As from Teleconference on N-648 Changes

USCIS provided the Q&As from the 2/12/19 teleconference discussing USCIS policy guidance on Form N-648, Medical Certification for Disability Exceptions. The Q&As covered the effective date, N-648 requirements, policy highlights, and more. AILA Doc. No. 19012835

 

USCIS to Publish Revised Form I-539 and New Form I-539A

USCIS announced that on 3/11/19, it will publish a revised Form I-539, Application to Extend/Change Nonimmigrant Status, and a new Form I-539A to replace the Supplement A in previous versions of Form I-539. Starting on 3/11/19, USCIS will only accept I-539s with a 2/4/19 edition date. AILA Doc. No. 19021137

 

USCIS Processing Delays Soared While Application Rates Fell

AILA Policy Counsel Jason Boyd highlights newly released USCIS data and shows how the new information “has cast an even harsher glare on the agency’s well-documented failure to process its caseload in a timely fashion.” AILA Doc. No. 19030137

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, March 4, 2019

Sunday, March 3, 2019

Saturday, March 2, 2019

Friday, March 1, 2019

Thursday, February 28, 2019

Wednesday, February 27, 2019

Tuesday, February 26, 2019

Monday, February 25, 2019

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Thanks, Elizabeth!

 

PWS

03-05-19

NOLAN ASKS: “Is rigid partisanship the real reason for rejecting Trump’s border crisis claim?”

Family Pictures
Is rigid partisanship the real reason for rejecting Trump’s border crisis claim?
By Nolan Rappaport
Is rigid partisanship the real reason for rejecting Trump’s border crisis claim?
© Getty
Gallup scientist, Frank Newport, says that President Donald Trump’s wall has become an “RPPI” — a Rigidly Partisan Policy Issue. Opinions “are highly entrenched and largely based on underlying partisan identity.”
Pew Research Center’s recent poll found that 82 percent of Republicans favor expanding the border wall, compared to only 6 percent of Democrats. Pew analysts noted that “partisan differences [on the wall] are now wider than they have ever been.”
And the RPPI is even stronger in congress.
Rep. Joaquin Castro (D-Texas) introduced a joint resolution, which, with favorable action in the Senate would terminate the national emergency declaration that Trump is using to obtain funding for his wall. Castro refers to it as “Trump’s fake emergency declaration.”
The resolution was cosponsored by 232 Democrats and one Republican. It passed on a roll call vote of 245 yeas and 182 nays. All of the nay votes were from Republicans.
Situation is worse than Trump is indicating
The failure to secure the border has resulted in a population of undocumented aliens so large that effective immigration enforcement in the interior of the country is no longer possible.
According to ICE’s Enforcement and Removal Operations Report for fiscal 2018, the number of aliens deported from the interior of the country rose from 65,332 in fiscal 2016, to 95,360 in fiscal 2018.
study by MIT and Yale professors, however, indicates that the number of undocumented aliens in the United States could actually be as high as 22.1 million. If interior removals continue at the fiscal 2018 rate, it would take more than 200 years to remove them all.
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Go on over to The Hill for Nolan’s complete article.  I appreciate his “nifty summaries!”
No matter how one views the numbers, removal of everyone here in undocumented status is impossible, not to mention unnecessary. Serious immigration enforcement and control would start with a recognition of the fact that our system has been out of whack for decades and that removing folks who are overwhelmingly contributing members of our society is counterproductive and a waste of time and resources that could be directed elsewhere, at real law enforcement issues.
If anything, we should be asking why our system wasn’t designed to let these folks immigrate legally in the first place.
Additionally, treating asylum applicants who apply at the border or turn themselves in immediately after entering as a “law enforcement issue” is a misnomer. People who voluntarily submit themselves for screening and apply for legal status are not law enforcement issues.
Those individuals who, in fact, are coming solely for jobs can be “screened out” during the “credible fear” process, and summarily removed without placing them in the Immigration Courts for full “removal hearings.” The never get into the “interior.”
The idea that recent arrivals who are applying for asylum won’t show up for their hearings is clearly bogus — most hearings would be months, if not years in the future, so we don’t actually know at this point! If the Government ran a rational system working with NGOs and private bar groups to find placements and pro bono lawyers for asylum seekers, experience and past studies show that the vast majority would show up for hearings. A fairer, more generous, and more realistic interpretation of asylum law would also help.
Use of TPS to both register individuals and keep them out of Immigration Court for the time being would also be a good option for an Administration truly interested in addressing the humanitarian issues.
Rather than a “law enforcement emergency,” these folks present administrative processing, humanitarian relief, and foreign policy issues that this Administration has shown little or no interest in resolving in a constructive manner by using mechanisms available under current law and spending money prudently rather than wasting it on a wall that will take years, if not decades, to build and won’t address today’s concerns.
PWS
03-05-19

IN MATTER OF A-B-, SESSIONS DISINGENUOUSLY SUGGESTED SALVADORAN POLICE COULD PROTECT ABUSED WOMEN – THE TRUTH IS STARKLY DIFFERENT: American-Trained Cops Flee El Salvador Because Gangs Are In Control – Ex-Cops Granted Asylum While Helpless DV Victims Sent Back To Face Deadly Abuse – Trump Administration Continues To Pervert Asylum Law!

https://www.washingtonpost.com/world/the_americas/its-so-dangerous-to-police-ms-13-in-el-salvador-that-officers-are-fleeing-the-country/2019/03/03/e897dbaa-2287-11e9-b5b4-1d18dfb7b084_story.html

Kevin Sief reports in WashPost:

They were given one of the most dangerous tasks in policing: Take down MS-13.

They were bankrolled by the United States and trained by FBI agents. But members of the Salvadoran police have been killed by the dozens in each of the past three years, most in attacks that investigators and experts blame on MS-13, an international street gang. At least nine officers were killed in the first month of this year.

Now, a number of El Salvador’s police officers are fleeing the gang they were tasked with eliminating.

There is no list in either El Salvador or the United States of Salvadoran police officers who have fled the country. But The Washington Post has identified 15 officers in the process of being resettled as refugees by the United Nations and six officers who have either recently received asylum or have scheduled asylum hearings in U.S. immigration courts. In WhatsApp groups, police officers have begun discussing the possibility of a migrant caravan composed entirely of Salvadoran police — a caravana policial, the officers call it.

The exodus of Salvadoran police points to how the country’s security forces have failed to break the stranglehold of organized crime. It also shows that among those seeking refuge in the United States during the Trump administration are some of America’s closest security partners.

“These are among the most vulnerable people in El Salvador,” said Julio Buendía, the director of migration at Cáritas El Salvador, a nonprofit organization that works with the United States and United Nations on refugee resettlement.

The United States has been bolstering the Salvadoran police, part of a regional strategy intended to stabilize Central America’s most violent countries and reduce migration. The State Department spent at least $48 million to train police in El Salvador, Guatemala and Honduras from 2014 through 2017, according to the Government Accountability Office.

The department opened a law enforcement training academy in San Salvador, where 855 Salvadoran officers were trained by the FBI and other American law enforcement agencies in those four years.

“The Salvadoran government, with U.S. government support, has made significant gains in the area of security, including reductions in homicides and every other category of violent crime measured,” the State Department said in a statement issued in response to an inquiry by The Post.

Citing “privacy reasons,” the department would not comment on whether it was receiving asylum or refugee applications from Salvadoran police officers.

By some measures, the U.S.-backed security efforts appeared to be showing results. In 2018, El Salvador’s murder rate was 50.3 per 100,000 inhabitants. That was still among the highest in the world, but it was down from 60.8 per 100,000 in 2017 and 81 per 100,000 in 2016.

MS-13 was born in Los Angeles in the late 1970s, expanding as more Salvadorans arrived in the United States after fleeing the country’s civil war. The group splintered, with Barrio 18 becoming a chief rival, and both groups grew in American prisons before reaching El Salvador through mass deportations. Between 2001 and 2010, the United States deported 40,429 ex-convicts to El Salvador, according to the Department of Homeland Security.

El Salvador’s government adopted an “iron fist” response to the gangs, including more police operations. When that approach failed, it tried to broach a truce with the gangs in 2014. The pact quickly disintegrated and was followed by another surge in violence. It was then that the gangs began to explicitly broadcast their threats against police officers.

“If you kill a ‘pig,’ or a police officer, you’re more respected in these gangs. That’s the policy — using death as exchange currency,” said Héctor Silva Ávalos, a journalist and researcher who has written a book on the Salvadoran police and has served as an expert witness at several asylum hearings for former police officers in the United States.


A man with an MS-13 tattoo is detained by Salvadoran security forces during an operation in San Salvador in January. (Marvin Recinos/AFP/Getty Images)

With salaries of $300 to $400 per month, the low-level police officers who make up the majority of the force often have no choice but to live in neighborhoods vulnerable to gangs. And so, in the vast majority of the cases, police officers are killed when they are home from work or are on leave.

In August, Manuel de Jesús Mira Díaz was killed while buying construction materials. In July, Juan de Jesús Morales Alvarado was killed while walking with his 7-year-old son on the way to school. In November, Barrera Mayén was killed after taking leave to spend time at home with his family.

The police investigated a number of the killings since 2014 and found members of the major gangs responsible.

“They have more control than we do. When we go home, we’re in neighborhoods where there’s one police to 100 gang members. We’re easy victims,” said one officer in the country’s anti-gang unit, who, after being threatened by MS-13 in his home, is awaiting refugee status from the United Nations. He spoke on the condition of anonymity out of fear for his safety.

An MS-13 member killed a man on a New York subway platform. The gang dates back to the 1970s.

Police arrested a 26-year-old man, who they said is an MS-13 member, after he fatally shot an alleged rival gang member Feb. 3 in Queens.

Complicating their response to the threats, Salvadoran police are also not legally allowed to take their weapons home with them.

“I bring it home anyway. I sleep with it on my waist,” said a female officer, who is awaiting refugee status from the United Nations and spoke on the condition of anonymity out of fear for her safety. “My husband and I take turns sleeping. We know they are going to come for us.”

Many units in the Salvadoran police are forbidden to wear balaclavas to conceal their identities. In anti-gang units, officers are allowed to wear such masks during operations, but they are frequently asked to testify in court, where they must show their faces and identify themselves by name while gang members look on.

In 2017, El Salvador’s attorney general, Douglas Meléndez, urged the government to do more to protect off-duty police, asking the parliament to pass a “protection law” for police and soldiers that would also provide funding to protect their families. The law was never passed.

Last month, security concerns played a central role in a presidential election won by San Salvador’s 37-year-old former mayor, Nayib Bukele. At least 285 people were killed in January, leading up to the vote, which many saw as the gangs’ attempt to leverage their influence amid the election campaign. In a security plan leaked to the Salvadoran news media, Bukele’s campaign wrote: “The expansion of these criminal groups is undeniable, as is the impact on the lives of ordinary citizens.”

In response to the targeting of police officers this year, El Salvador’s police chief introduced a policy: For their own protection, officers were not allowed to return to their homes. The police chief declined multiple interview requests.


Suspects are detained by police in a neighborhood in San Salvador dominated by MS-13. (Marvin Recinos/AFP/Getty Images)

Many officers, feeling unprotected by their own force, have said their only option is to leave the country.

Organizations that work with the United Nations to resettle Salvadoran refugees in the United States say they have found more and more police officers arriving unannounced at their offices. In addition to the 21 asylum seekers and refugees identified by The Post, several others have recently arrived in Spain and Mexico, according to news reports, applying for humanitarian visas or other forms of protection. Lawyers for police officers and many officers themselves say that far more officers are preparing to flee.

One of the cases that Buendía, the migration director of Cáritas, referred to the United Nations High Commissioner for Refugees is an officer who survived two attacks while off duty. First, he was shot eight times by suspected gang members; then, two years later, he was shot four times. The officer pleaded for protection from his commander.

Buendía included a letter from the commander in the officer’s refugee application. “There’s nothing we can do for you,” the commander wrote. “You need to protect yourself.”

A police spokesman declined to comment on the letter.

In one case, concerning a police officer now applying for asylum in U.S. immigration courts, gang members threatened to kidnap the officer’s child at an elementary school in rural El Salvador.

“That’s not what these guys signed up for. It’s one thing to be shot at on the job. It’s another for your family to be targeted while you’re off duty,” said Emily Smith, the attorney representing the officer.

Lawyers such as Smith who are representing the officers typically try to explain to immigration judges that as former police officers, their clients would be persecuted if they were forced to return to El Salvador. But the attorneys are also aware of how narrowly U.S. asylum law can be applied, and that the courts are unlikely to grant asylum to all former officers.

“What we chose to do is focus on the specific threats facing our client,” said Patrick Courtney, who last year represented a Salvadoran officer who had been physically assaulted in his home before fleeing. “We focused on his anti-gang views, on the fact that the threats were directed at him individually.”

Courtney’s client was granted asylum late last year. They discussed where he would live in the United States, and what he would do next. The former officer had only one goal: He wanted to join the United States military.

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

Former policemen have been recognized by BIA precedent as a “particular social group” for asylum for many years. Matter of Fuentes, 19 I&N Dec. 658 (BIA 1988). However, in their rush to deny asylum to Central Americans, particularly under  this xenophobic Administration, some U.S. immigration Judges and BIA panels simply choose to ignore precedent or to manufacture other reasons to deny asylum.

Granting asylum to endangered former police officers clearly is appropriate; but, granting it to the women targeted because of their gender whom those police cannot protect is equally required. Nevertheless, Sessions simply “streamrolled” the asylum law in Matter of A-B-.

While some U.S. Immigration Judges have recognized that even A-B-, properly read without regard to its pernicious dicta, leaves plenty of room for protecting refugee women who have suffered or fear domestic violence, others, and a number of BIA “panels” have jumped on the “Sessions deportation express.” I wouldn’t count on new AG Bill Barr to restore justice to this system, particularly since he has retained some of Sessions’s worst and most unqualified henchmen on his staff.

That’s why we need a legitimate, independent Immigration Court system not beholden to prejudiced “enforcement only” officials in the DOJ and the Executive Branch. It’s also time for a better and wiser Congress to specifically write gender into the asylum law to guard against this and future scofflaw Administrations who seek to inflict cruelty and injustice on some of the most vulnerable and deserving among us.

PWS

03-04-19

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

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Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19