COURT OBSERVATION TEAMS EXPOSE SYSTEMATIC INJUSTICE IN AMERICA’S MOST IMPORTANT COMPLETELY DYSFUNCITONAL COURT SYSTEM – Our U.S. Immigration Courts, “Where The Rubber Meets The Road,” Are Running On Four Flat Tires, Leaving A Human Carnage Of Injured & Dying Victims In Its Wake! — This Is What “Irreparable Harm” Looks Like!

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Rewire.News reports:

All eyes are on the border crisis our government has created.

The news of horrific conditions at immigrant detention centers, an onslaught of restrictions preventing refugees from seeking asylum, and reports of ICE raids have sent thousands of people to the streets to protest.

Amid these atrocities, many people in the United States are asking how they can help. For those who want to contribute, there is a simple way that doesn’t require donating money, living in a border town, or speaking Spanish: volunteering as a court observer.

Court observers attend asylum hearings to shed light on the immigration court system, which is among the least transparent institutions of the justice system. Qualifications are minimal—one needs only a valid government photo ID and the ability to observe in silence and take legible notes, since recording devices aren’t allowed. Volunteers can plug into different programs to share their observations, as well as discuss the process with family and friends or post their findings on social media. Collectively, this information can be used to highlight judges or courts that are particularly unfriendly to asylum seekers. It can also empower advocates pushing for systemic reform of the 50 immigration courts in 29 states, Puerto Rico, and the Northern Mariana Islands deciding the fate of every asylum seeker, many of whom are forced to return to the place they just barely escaped from.

“The immigration court system has been so insulated from public view,” Michele Garnett McKenzie, deputy director of The Advocates for Human Rights, an organization that has been running a court observation program since 2017, told Rewire.News. “It’s small, it’s under the radar, and it lulls us to thinking that there are a set of rules and if the rules are followed, justice will be done.”

Reports, however, are surfacing of judges who haven’t granted a single asylum out of 200 cases. Asylum seekers who are deported are sent back to a place where they might be tortured or killed.

Ariel Prado, who organizes the volunteer-based court watch program in Atlanta, Georgia, for Innovation Law Lab, hasn’t encountered a judge who has denied 100 percent of asylum cases. “But there are judges in Atlanta with a denial rate in the high 90s,” Prado told Rewire.News.

These high denial rates don’t tell us the full story, Prado noted. “You might think [the judges] have a different understanding of the law or they have a constrained understanding of what asylum is or they apply the law differently,” Prado said. “In [immigration court], it’s a much more human level than that. You see women who describe sexual abuse, repeated rape over the span of the year, being in captivity, being forcefully drugged … and you watch mostly male judges almost doze off through the testimony and totally trivialize [the woman’s] experience in their summary.”

Other advocates echo similar frustrations. Emem Maurus is an immigration attorney for Al Otro Lado, a bi-national nonprofit serving asylum seekers who seek to migrate to the United States, in Tijuana, Mexico. The organization recently launched a court observation program to collect information and bring transparency to Migrant Protection Protocols. Without accountability, Maurus told Rewire.News, “it’s a black hole in terms of what’s happening” to asylum seekers. Maurus described a judge who asked an asylum seeker to designate the country of his removal in case his asylum was denied. “The man said, I can’t go back to Honduras,” said Maurus. The judge then asked the government lawyer for a recommendation. “[The government lawyer] very glumly said, ‘Honduras.’ And the judge said, ‘OK, Honduras,’” added Maurus.

Although Maurus finds these incidents difficult to observe, they believe it’s crucial to document “the human cost of [the collective policies] that Trump [has] enacted.”

Under the “Remain in Mexico” policy, asylum seekers are forced to wait in Mexico for their case to be heard, and when they eventually appear for court, most are unrepresented. Lack of representation can be detrimental to an asylum case.

As part of her court observation for Al Otro Lado, volunteer Sarah Gibb Millspaugh records whether asylum seekers appear with a lawyer and if they try to obtain council. Although the San Diego immigration court provides asylum seekers with a list of legal aid, only 5 percent of people she observed had legal representation. “When you’re living in shelters, [it is difficult] to find a lawyer across the border that will connect with you in Mexico,” Millspaugh told Rewire.News. “The list they had posted in the court were all in San Diego and not in Tijuana.”

Compounding the issue, many U.S.-based immigration law firms don’t answer phone calls from Mexico, according to Maurus. And there are other obstacles. In several immigration courts, interpreters communicate through video as they aren’t present. “So if the judge talks to the prosecutor, it doesn’t get interpreted for the asylum seeker,” said McKenzie. “The interpreters only translate questions addressed to the asylum seekers.” Given such circumstances and the lack of adequate representation, it is highly unlikely for asylum seekers to receive a fair trial.

Millspaugh found the immigration judges she observed to be compassionate. Even so, like other advocates, she thinks the law is unjust. “Some of the most emotional points were that [the judge] said we’ll review [the] case at the next hearing in September.” This meant the asylum seekers would have to live in Mexico shelters for another two-and-a-half months or on the streets of one of the most dangerous cities in the world, with no money or means to protect themselves. “A woman said a man had followed her twice, [while she was in Mexico awaiting her court hearing], [trying] to take her daughter,” Millspaugh added. “Her daughter was about three.” A man and his son who had been threatened in Mexico asked the judge if she could hold the hearing any sooner. Due to a backlog in cases, the judge was able to expedite the case by only two weeks.

Millspaugh observed another judge who asked asylum seekers to not bring their children to their court hearing. Afterwards, Millspaugh wrote the judge a letter stating that given the unstable and unsafe conditions in Mexico, asylum seekers have no choice but to bring their children to the court. “I wouldn’t leave my child in Mexico. I would bring my child,” said Millspaugh.

The advocates Rewire.News spoke to encouraged people of all backgrounds to volunteer as court observers. Given the background and different experiences of volunteers, McKenzie believes they can observe court hearings from different angles. “[We have] an amazing array of retired people who go [into the immigration courts] with 40 years of professional experience as a psychologist or a child protection worker,” she said.

Prado, who is helping develop an Immigration Court Watch browser-based app, believes who controls the narrative is important. “It’s all [up to] the community to investigate where the truth lies. Court observation is the core of truth finding and it’s meant to be a national project.”

Scheduled to launch in mid-August, the app uses standardized forms to document immigration judges’ conduct, the hearing outcome, and other factors. “That way we can compare the immigration judge conduct and hearing outcomes by more than just [what the government and the Department of Justice] is willing to share,” said Prado. The forms are uploaded onto the app, which will read responses, ask follow-up questions, and store the information in a centralized location.

“Court observation makes sure what happens [to asylum seekers] isn’t completely shrouded and opaque,” Prado said. There are times, however, that immigration judges determine a hearing should be closed to the public in order to protect the asylum seeker from having to share sensitive details in front of an audience. Other times a judge would rather not be scrutinized or might be concerned the observers will be disruptive. Prado noted it would be ill-advised for observers to challenge the judge. Instead they should document they were ordered to leave the immigration court along with any reasons the judge provides.

McKenzie believes court observation could help the justice system become accountable and even change the behavior of the judges. “The system is designed to operate for the benefit of the system and not the public,” McKenzie said. “Without public engagement there is no sunshine, no transparency. Transparency and accountability are fundamental to protecting the human rights of the people.”

When Millspaugh shared her experience as a volunteer court observer with friends, they were concerned that it is difficult to witness such heartbreaking proceedings. But Millspaugh is undeterred, as she feels contributing to stopping human rights violations is empowering. “There is something that’s very life-giving … about actually engaging in the system. When we know what’s happening and we’re not connecting with it, there is a helpless despair we can feel. We can do something. Even if we [don’t] stop it, we are mitigating the horrors that are inflicted.”

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As this article aptly points out, every concerned American can take part in supporting the many traumatized individuals being sentenced to injustice in our disgracefully broken U.S. Immigration Courts. You don’t have to be a lawyer or a journalist. These “courts that function more like star chambers” have been “weaponized” by the Trump Administration against the very individuals they are supposed to be protecting against unlawful Government actions, Executive overreach, and the intentional misconstruction of the laws granting asylum and other immigration benefits.

This article also correctly points out that the so-called “border crisis,” largely created and totally aggravated by this “maliciously incompetent” Administration, has been used to divert attention from the gross violations of legal and human rights and basic morality that the Administration inflicts daily in the “captive” Immigraton Courts as it mocks constitutional Due Process and fundamental fairness.

History will record the intentional misdeeds, lack of human empathy, and the often life-threatening harm being cowardly and unfairly inflicted on those seeking mercy and refuge under our laws.

PWS

08-03-19

THE VOICE OF REASON: ANGELINA JOLIE @ TIME ON WHY THE U.S. SHOULD NOT BE ABANDONING OUR TRADITIONAL HUMAN RIGHTS LEADERSHIP ROLE! — “It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.” — Advocates Independent Article I Immigration Court For Fair & Impartial Adjudication Of Asylum Claims!

https://apple.news/ARnAxuYYATOy78Bq8BYOy7g

Angelina Jolie writes in Time:

Angelina Jolie: The Crisis We Face at the Border Does Not Require Us to Choose Between Security and Humanity

Angelina Jolie

Jolie, a TIME contributing editor, is an Academy Award–winning actor and Special Envoy of the U.N. High Commissioner for Refugees

We Americans have been confronted by devastating images from our southern border and increasingly polarized views on how to address this untenable situation.

At times I wonder if we are retreating from the ideal of America as a country founded by and for brave, bold, freedom-seeking rebels, and becoming instead inward-looking and fearful.

I suspect many of us will refuse to retreat. We grew up in this beautiful, free country, in all its diversity. We know nothing good ever came of fear, and that our own history — including the shameful mistreatment of Native Americans — should incline us to humility and respect when considering the question of migration.

I’m not a lawyer, an asylum seeker, or one of the people working every day to protect our borders and run our immigration system. But I work with the UN Refugee Agency, which operates in 134 countries to protect and support many of the over 70 million people displaced by conflict and persecution.

We in America are starting to experience on our borders some of the pressures other nations have faced for years: countries like Turkey, Uganda and Sudan, which host 6 million refugees between them. Or Lebanon, where every sixth person is a refugee. Or Colombia, which is hosting over 1 million Venezuelans in a country slightly less than twice the size of Texas. There are lessons — and warnings — we can derive from the global refugee situation.

The first is that this is about more than just one border. Unless we address the factors forcing people to move, from war to economic desperation to climate change, we will face ever-growing human displacement. If you don’t address these problems at their source, you will always have people at your borders. People fleeing out of desperation will brave any obstacle in front of them.

Second, countries producing the migration or refugee flow have the greatest responsibility to take measures to protect their citizens and address the insecurity, corruption and violence causing people to flee. But assisting them with that task is in our interest. Former senior military figures urge the restoration of U.S. aid to Honduras, Guatemala and El Salvador, arguing that helping to build the rule of law, respect for human rights and stability is the only way to create alternatives to migration. The UN Refugee Agency is calling for an urgent summit of governments in the Americas to address the displacement crisis. These seem logical, overdue steps. Our development assistance to other countries is not a bargaining chip, it is an investment in our long-term security. Showing leadership and working with other countries is a measure of strength, not a sign of weakness.

Third, we have a vital interest in upholding international laws and standards on asylum and protection. It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.

Fourth, the legal experts I meet suggest there are ways of making the immigration system function much more effectively, fairly and humanely. For instance, by resourcing the immigration courts to address the enormous backlog of cases built up over years. They argue this would help enable prompt determination of who legally qualifies for protection and who does not, and at the same time disincentivize anyone inclined to misuse the asylum system for economic or other reasons. The American Bar Association and other legal scholars and associations are calling for immigration court to be made independent and free from external influence, so that cases can be fairly, efficiently and impartially decided under the law.

There are also proven models of working with legal firms to provide pro-bono legal assistance to unaccompanied children in the immigration system without increasing the burden on the U.S. taxpayer. Expanding these kinds of initiative would help to ensure that vulnerable children don’t have to represent themselves in court, and improve the effectiveness, fairness and speed of immigration proceedings. Approximately 65% of children in the U.S. immigration system still face court without an attorney.

We all want our borders to be secure and our laws to be upheld, but it is not true that we face a choice between security and our humanity: between sealing our country off and turning our back to the world on the one hand, or having open borders on the other. The best way of protecting our security is by upholding our values and addressing the roots of this crisis. We can be fearless, generous and open-minded in seeking solutions.

TIME Ideas hosts the world’s leading voices, providing commentary on events in news, society, and culture. We welcome outside contributions. Opinions expressed do not necessarily reflect the views of TIME editors.

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Wow! Great thoughts on how caring people might actually help to constructively address human migration issues rather than cruelly making them worse through “malicious incompetence.”

It’s painfully clear that we have the wrong “celebrity” leading our nation. But, Jolie wasn’t on the ballot (not will she be). Nevertheless, in a saner and more law-abiding Government, there should be a place for ideas and leadership from Jolie and others like her.

HISTORICAL NOTE: If my memory serves me correctly, Angelina Jolie once appeared before my esteemed retired colleague U.S. Immigration Judge M. Christopher Grant, as an expert witness in an asylum case before the Arlington Immigration Court.

PWS

08-02-19

HONDURAS SINKING INTO THE SEA: No “Wall” (Or Dike) Will Stop The Eventual Flood Of Environmental Refugees

https://www.theguardian.com/global-development/2019/jul/31/hond uras-community-coastal-towns-rising-sea-le?CMP=Share_iOSApp_Other

Nina Lakhani
Central American Reporter,
The Guardian

Nina Lakhani reports for The Guardian:

Eric Pineda runs a modest beachfront restaurant which serves up plates of fresh fish and rice – and faces imminent destruction.

A recent tidal surge razed the nightclub next door, leaving a pastel pink ruin, and in the past two years, several other businesses between Pineda’s property and the Pacific Ocean have been destroyed by sudden waves.

“Every year, the ocean is getting closer and higher. I think we’ve got a year – maybe two – before the water takes us too,” said Pineda, 24. “It won’t be long.”

Golden beaches once helped transform this fishing community on the Gulf of Fonseca into a thriving tourist destination. Nowadays, however, there are barely a few metres of sand left, and rising water levels and tidal surges have wiped out roads, homes and businesses. Locals estimate that around a metre of ground is lost every year – which means this entire community will soon be under water. The same predicament is faced by settlements along the Pacific coast of Honduras, where land and its people are disappearing fast.

In recent years, millions of people have fled Central America to escape grinding poverty, institutional collapse and untrammeled violence. But another factor behind the exodus has received less attention: conflicts over natural resources which have been intensified by corporate expansion and climate change.

Running Dry

Violence and poverty have forced millions of Central Americans to flee their homes, but as the climate crisis deepens, drought, famine and environmental destruction are playing a growing role in driving the exodus

Living without water: the crisis pushing people out of El Salvador

’People are dying’: how the climate crisis has sparked an exodus to the US

Why I’m fleeing Honduras to seek asylum in the US

More from this series

Sea levels are rising around the world, but in this region another local factor is helping speed up coastal degradation: swathes of mangrove forests have been destroyed to make way for industrial shrimp farms which have proliferated even inside protected reserves.

Many Honduran shrimps are exported to the US and the UK, where they are sold in major supermarket chains including Waitrose, Sainsbury’s and Marks & Spencer.

“The industry destroys huge mangrove sites promising development, but actually creates very few jobs – and actually increases poverty by restricting fishing access for locals,” said Dina Morel, director of a local marine conservation organization, known by its acronym Coddeffagolf.

According to Morel, shrimp farms are routinely approved in protected areas and environmental violations rarely punished as officials often have vested interests in the profitable industry.

“The consequences of losing this essential ecosystem are clear,” said biologist Víctor Bocanegra. “Environmental vulnerability, food insecurity, poverty and social decomposition, which all leads to forced migration.”

Mangroves are essential to healthy, resilient coastlines. The sturdy trees protect shorelines from storms and floods, and help prevent erosion by stabilizing sediments with their intertwined roots.

They are key factors in marine biodiversity, providing food, clean water, shelter and safety for fish and invertebrates such as crabs, lobsters and prawns.

In order to take advantage of this natural symbiosis, acres and acres of shrimp farms have been built inland in ocean inlets which were once safe havens for tidal waves. But the farms block the natural flow of water, causing high tides and storm surges to immerse beach communities instead.

On Cedeño beach, Ariana Tees, 70, is frying fish caught by her husband, Manuel, 67, in a makeshift tarpaulin kitchen just metres from the sea. This is where they live, work, eat and sleep, but every month they are forced further and further back as the ocean inches closer inland.

Every year, the ocean is getting closer and higher. I think we’ve got a year – maybe two – before the water takes us too

Eric Pineda

“Of course we’re scared,” said Tees. “But we’ve nowhere else to go, and there’s no protection from the government, not even a barrier.”

Manuel, who has been fishing since he was a child, said: “Every year there is less fish, and the surges have nowhere to go – so the water comes here looking for an exit. We’ve woken up in the middle of the night surrounded by water.”

He paused, before concluding: “Basically we’re fucked.”

The shrimp industry in southern Honduras dates back to the 1970s, but grew exponentially in the 1990s. As a result, in 2000, seven mangrove forests covering over 150,000 acres were designated protected reserves.

Despite this, half the region’s mangroves were destroyed between 2000 and 2010 – largely as a result of fishing concessions sanctioned before the decree, according to research by Coddeffagolf.

No one knows exactly how much of the protected areas remain intact, but satellite images seen by the Guardian suggest the situation is critical.

The extent of the deforestation can be seen from a mountain peak in San José de Las Conchas, 20 miles north of Cedeño, where the panorama reveals only slivers of protected mangroves nestled between massive manmade shrimp lagoons and the turquoise ocean.

We’ve woken up in the middle of the night surrounded by water.

Manuel Tees

Locals say shrimp companies build farms in secret – hidden from view by a ring of mangroves – then obtain permits retrospectively.

Sales figures suggest shrimp farms are expanding: $216m of shrimps were exported last year, a figure expected to rise by up to 20% in 2019.

FundeSur, a social responsibility foundation created by the shrimp industry in 2014, claims to invest $0.02 for every pound of shrimp exported into health, education and environmental projects.

But reforestation programmes, which require years of nurturing to ensure hardy shrubs, are rare. FundeSur did not respond to repeated requests for comment.

“There is more deforestation than reforestation, that’s evident for everyone to see,” said Nelson Martínez, a grassroots organiser from Guapinol, a nearby community badly damaged by a tidal surge three years ago. “Unless the mangroves are saved, Guapinol will disappear too.”

A thin strip of land sandwiched between the Pacific and Atlantic oceans, Central America is especially vulnerable to the global climate emergency.

Between 1998 and 2017, Honduras was the second country or territory most affected by extreme weather events such as floods, storms, droughts and wildfires, according to the Global Risk Index. (Puerto Rico came first.)

Hurricane Mitch – the most deadly storm in the western hemisphere in over two centuries – left at least 8,000 people dead and a million others homeless and landless when it struck in 1998. It set the country’s economic development back at least 50 years and triggered the first wave of post-cold war Central American migration to the US.

Yet, investment in climate mitigation and adaption programmes such as reforestation and flood defences is falling.

Only 0.5% of the central government budget is allocated to environmental protection this year, down from 1.2% in 2010, according to analysis by economist Hugo Pino, a former finance minister and central bank governor.

Since a 2009 coup, a profusion of water-guzzling megaprojects – including dams, mines, and African palm plantations – has fuelled social conflicts, state repression and migration.

Berta Cáceres, a Goldman environmental prize winner, was murdered in March 2016 in retaliation for leading opposition to the construction of a hydroelectric dam on the river Gualcarque, relied upon by the indigenous Lenca people for food, water and medicines.

“The key issue connecting climate change and governments is water governance – the politics deciding who gets priority to enough good quality water,” said Professor Raúl Pacheco-Vega, an environmental politics scholar at the centre for economic research and teaching (Cide) in Mexico.

In Honduras, the upshot of water politics is stark: every year during the rainy season, countless communities are cut off, lives are lost, and roads, bridges and schools are damaged. It is a cycle of environmental destruction that exacerbates poverty and drives migration as families search for food, water and safety.

In October, six people were killed after two days of torrential rain triggered landslides and the River Choluteca burst its banks. The town of Marcovia, 14 miles inland from Cedeño, was inundated and its habitants forced to leave.

Soon after, hundreds of people from the nearby city of Choluteca joined a caravan of migrants heading north through Mexico to the US border.

Half a million Hondurans heading north have been apprehended by US and Mexican officials since October 2016.

The motives for migration are always complex, but in this region, environmental factors are increasingly important.

Pedro Landa from Eric, a Jesuits human rights research organisation, said the lessons from Mitch were never learned. “Since the [2009] coup, the state has been increasingly controlled by mafia politicians with no interest in guaranteeing water supplies or economic development for ordinary people, just for themselves.”

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White Nationalist political slogans and cruel “enforcement-only” gimmicks can’t solve the real human problems and global forces driving migration. That would take expertise, empathy, courage, vision, and intellectual capacity, five qualities conspicuously lacking in Trump and the shallow toadies who make up his Administration.

PWS

08-01-19

https://apple.news/AfkD4idrHPfKfrm2yLtDT1A

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