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Ex-ICE head: Trump had ‘single dumbest idea I’ve ever heard’
New Day
Former Acting Director of US Immigration and Customs Enforcement John Sandweg says President Trump’s suggestion to eliminate immigration judges is “the single dumbest idea I’ve ever heard” in terms of dealing with border crossings.
- Limiting opportunities for representation by counsel (counsel increases success rates by at least 4X);
- Using detention in a coercive and punitive way to discourage claims and punish those who pursue them;
- Skewing the law to make gender-based and gang-based claims, which could fairly easily be fitted into the conventional asylum framework, unnecessarily complicated and hard to establish;
- Hiring mostly former prosecutors as Immigration Judges and then sending them a “deny and remove” message through the Attorney General, who unethically and in violation of any common sense concept of Due Process controls the Immigration Courts;
- Failing to provide proper training and guidance to Immigration Judges through precedent decisions on how asylum claims can and should be granted;
- Tolerating Immigration Judges who have shown bias toward asylum seekers and almost never grant asylum;
- Intentionally making asylum law overly legalistic and focused on finding reasons to deny and remove, rather than protect.
One need look no further than two of my recent posts about judges who never grant asylum to see how sick, biased, and unfair the Immigration Court system has become to asylum seekers.
And make no mistake — the racist scofflaws who have assumed control of immigration policy under Trump intend to eradicate asylum, the rule of law, and our Constitution. Don’t think that just because you might happen to be a U.S. citizen or even a Trump supporter you will be immune from the destruction of the foundations of our republic and your individual rights. Some day, your turn will also come. Who will defend and speak up for those who have watched the rights and the lives of the vulnerable among us be trampled?
For much of my tenure at the Arlington Immigration Court the asylum grant rate hovered around 70% with few DHS appeals. As someone who worked on the Refugee Act of 1980 and has been involved in the administration and application of U.S. asylum laws for decades, from all sides, that high grant rate was completely warranted. Those finding reasons to deny at rates approaching 100% are not fairly, impartially, and correctly applying asylum law in accordance with Due Process and the actual legal standards. For too long we have tolerated gross abuses of asylum seekers — it has been taken to a new level under this Administration.
It’s illegal, it’s unconstitutional, it’s unethical, and it must stop!
PWS
04-08-19
Related
Related posts:
- TRUMP’S MALICIOUS INCOMPETENCE IS THE REAL “SOUTHERN BORDER CRISIS” — AND, A GENUINE HUMAN TRAGEDY — The Legal Tools To Address The Crisis In The Northern Triangle Causing A Refugee Flow Exist; This Administration Stubbornly Refuses To Use Them!
- HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations!
- GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators & Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
- COURTSIDE HAS BEEN AT THE FOREFRONT OF EXPOSING THE “CRIMES AGAINST HUMANITY” COMMITTED BY THE REGIME AND THE MORAL CULPABILITY OF THOSE WHO WILLFULLY CARRY OUT & ENABLE THESE ATROCITIES — The “Mainstream Media” Is Now Channeling Courtside! — “In the meantime, no government has the right to treat people with such abject inhumanity. History will remember Trump for this, but it will also remember the people who enable such atrocious acts.”
Thank you for your analysis. Giving us hope and a path to follow.
You’re most welcome.
Best,
P