😎👍🏼🗽⚖️GOOD NEWS CORNER: Hofstra Law Clinic Wins Salvadoran Gang PSG Asylum Case! — There Are “Models For Excellent Judging” Out There! Why Do We Tolerate A White Nationalist Kakistocracy That Maliciously Undermines Them?

Hello,

I want to share some good news: my Deportation Defense Clinic at the Hofstra Law Clinic won an asylum case on the PSG of “U.S. law enforcement labeled gang members” before Judge Poczter at 290 Broadway for a client falsely accused of gang allegations. See the redacted decision attached. We’re waiting to see if DHS appeals within these next two weeks and are prepared to continue the fight if necessary.

Quote on Page 13:

“Respondent’s social group, ‘U.S. law enforcement labeled gang members’ is cognizable, in that its members share an immutable characteristic that is socially distinct within Salvadorian society and defined with sufficient particularity.”

I’m willing to share the redacted TOE and brief with those interested.

Deep gratitude is owed to CLINIC/NITA, Michelle Mendez, Vickie Neilson, and folks at Hofstra including Lauris Wren, law graduates Lorena Paulino and Trishshawn Raffington, and many others.

Dr. Tom Boerman and I are working on a law review article on this topic, and I hope this new resource will be helpful to others defending clients from false gang allegations. More to follow soon.

Best,

Alex Holtzman

Director of the Deportation Defense Clinic

Hofstra Law Clinic

Redacted_IJ Decision_Asylum grant for false gang alleg PSG

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

So, even in the time of time of extreme White Nationalist restrictionism in Government, there are still plenty of “winnable” asylum cases out there if individuals: 1) get access to the hearing process; 2) have access to competent lawyers; 3) get time to prepare and document cases; and 4) have a fair and impartial Immigration Judge with knowledge of asylum law. A fair and reasonable INS Assistant Chief Counsel is also an important factor.

How many valid cases like this are being turned back at our borders under the regime’s “fake COVID-19” rules with no hearings at all? How many are being summarily deported without fair credible fear interviews or an opportunity for impartial judicial review as a result of the Supremes’ latest expedited removal constitutional abomination?

Interestingly, this case was so well prepared and documented that ICE and the Clinic stipulated as to the testimony and merely submitted that record to Judge Poczter for a legal analysis and decision. Shows that without political interference, judges and parties can work together to facilitate a fair and timely resolution of cases without trampling on due process.

It’s simply a “crime against humanity” that the Immigration Court system is run by bigoted anti-asylum zealots with no interest in due process or fundamental fairness.

So, what if decisions like Judge Poczter’s (a former BIA Attorney Advisor during my tenure) were the precedents, instead of deny, deny, deny? What if “best practices” were valued? What if achieving correct results in accordance with due process were the object, rather than increasing the number of asylum denials to fit a false narrative? What if asylum law were properly applied to protect, rather than reject?

This could be a system that would do justice and make America proud. But, it’s not going to happen without an independent, merit-based judiciary and an Administration that works to achieve equal justice for all, rather than undermining it at every step.

Due Process Forever!

PWS

07-15-20

🏴‍☠️ABUSE OF PROCESS: Trump Regime’s Irrational Threat To Terrorize Foreign Students Withdrawn In Face Of Widespread Bipartisan Outrage, Multiple Lawsuits, & Impending Defeat In Courts!

https://www.huffpost.com/entry/trump-foreign-students-online-classes_n_5f0e0546c5b63b8fc10f86f4

Here’s the deal. America is reeling from Trump’s mishandling of the pandemic, his divisive racist rhetoric, and his lack of a coherent plan for reopening schools. But, in the midst of these unresolved crises, Trump’s White Nationalist, xenophobic regime found time to issue, without consultation, absurdist rules threatening foreign students whose schools offered only online leaning because of legitimate health and safety concerns for the students, faculty, and staff.

This idiotic, illegal missive threatened to upend the U.S. higher education system and put a $40 billion hit on our economy during a period of unprecedented unemployment and economic disruption. Consequently, numerous educational institutions across America banded together, developed emergency legal strategies, and filed suits against the Trump kakistocracy in numerous Federal Courts.

This, in turn, tied up legal resources that could have been used more productively, as well as further clogging Federal Court dockets already overwhelmed with various unnecessary suits caused by Trump’s maliciously incompetent attack on immigration. It also tied up Government resources that might better have been used solving real problems.

Faced with certain defeat and the exposition of the total stupidity, not to mention illegality, of these rules, the Trump regime backed down before the first suit even got to hearing. But, this predictable “back off” does not repair the overall damage to our nation caused by Trump’s xenophobic war on legal immigration. Catherine Rampell cogently describes it in an op-ed in the Washington Post. https://www.washingtonpost.com/opinions/2020/07/14/even-with-administrations-about-face-international-student-visas-enrollment-is-still-set-plummet/

In the meantime, the problem of abuse of our legal system and the organs of Government by a maliciously incompetent Administration advancing a toxic and unconstitutional White Nationalist agenda remains unresolved. Indeed, the often tone-deaf approach of the Supremes to these gross abuses, particularly in the areas of immigration and human rights, has actually been a large part of the problem.

What could we accomplish if the time and resources now used to prevent a “rogue Government” from destroying democracy were instead devoted to developing constructive, cooperative solutions to our festering national problems? What if we harnessed the power of migration for human progress, rather than futilely and wastefully working at cross purposes with perhaps the oldest and most powerful human phenomenon?🗽⚖️

This November, say “No” to the White Nationalist Kakistocracy!

PWS

07-14-20

☠️👎DEATH PANEL: Billy The Bigot’s BIA Spends 34-Pages Stomping Every Aspect Of Claim By Victim Of Trump’s MPP — Matter of M-D-C-V-

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA3MTQuMjQzNjA1MjEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xMjkzOTcxL2Rvd25sb2FkIn0.GQ-40i9lJzne69mtiz5FLkL4ucpejz820EUlR2HEV7E/s/842922301/br/81011306761-l

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)

BIA HEADNOTE:

Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department of Homeland Security to that country pursuant to the Migrant Protection Protocols, regardless of whether the alien arrives at or between a designated port of entry.

PANEL: Board Panel: MALPHRUS and CREPPY, Appellate Immigration Judges; MORRIS, Temporary Appellate Immigration Judge.

OPINION BY: Judge Malphrus

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The deny, deny, deny message is very clear!

To keep what the BIA and the Administration are doing to our fellow humans in perspective, however, remember that:

Human Rights Watch studied the cases of more than 200 individuals who were returned to El Salvador by the Administration;
Of these, 138 were killed upon return;
Another 70 were “subjected to sexual violence, torture, and other harm, usually at the hands of gangs, or . . . went missing following their return;”

https://immigrationcourtside.com/2020/02/11/its-1939-white-nationalist-america-is-failing-humanity-again-the-st-louis-replay-history-will-neither-forget-nor-forgive-us-for-wrongfully-sending-refugees-to-thei/

That’s a high kill/abuse rate. But, that’s exactly what human rights criminals like Stephen Miller “get off on.” “Death to the other!”

And, so far, the Supremes have obliged the White Nationalists’ program of “Dred Scottification” as long as it applies to “the others,” primarily persons of color, not deserving in the elitists’ view of being treated as “persons” under the law or as “human beings” under any laws. Eventually, however, posterity will have something to say about Trump, Miller, Roberts, McConnell, Barr, Wolf, Sessions, Pence, Alito and a host of others who have knowingly participated in these intentional degradations of humanity and furthering of White Supremacy!

Due Process Forever!

PWS

07-14-20

🤡SPOTLIGHTING CLOWN COURTS: HOUSE HOMES IN ON EOIR’S MALICIOUS INCOMPETENCE IN APPROPRIATIONS BILL REPORT! — “[T]ying an immigration judge’s performance to case completion threatens due process and affects judicial independence. Section 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.”

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/July%209th%20report%20for%20circulation_0.pdf

The “EOIR Section” of the House Report follows:

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (INCLUDING TRANSFER OF FUNDS)

The Committee recommends $734,000,000 for the Executive Of- fice for Immigration Review (EOIR), of which $4,000,000 is from immigration examination fees. The recommendation is $61,034,000 above fiscal year 2020 and $148,872,000 below the request.

The recommendation includes $2,000,000 for EOIR’s portion of the development of the Unified Immigration Portal with the De- partment of Homeland Security (DHS) as well as increased funding for EOIR’s Information Technology (IT) modernization efforts, as requested. The recommendation also supports a level of funding that will allow for the continued hiring of immigration judges and teams. While the Committee recognizes EOIR has not requested any additional increase from its authorized position level from fis- cal year 2020, EOIR is currently well below this level and the Com-

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mittee is concerned that proposed funding increases are for posi- tions who will not be on board in fiscal year 2021.

Legal Orientation Program (LOP).—For the LOP and related ac- tivities the recommendation includes $25,000,000, of which $4,000,000 is for the Immigration Court Helpdesk (ICH) program. The LOP improves the efficiency of court proceedings, reduces court costs, and helps ensure fairness and due process. The Committee directs the Department to continue LOP without interruption, in- cluding all component parts, including the Legal Orientation Pro- gram for Custodians of Unaccompanied Children (LOPC) and the ICH. The Committee directs the Department to brief the Com- mittee no later than 15 days after enactment of this Act on how EOIR is effectively implementing these programs, including the execution of funds and any changes to the management of the pro- gram. The recommended funding will allow for the expansion of LOP and ICH to provide services to additional individuals in immi- gration court proceedings. The Committee supports access to LOP and ICHs and looks forward to receiving EOIR’s evaluation of ex- panding this program to all detention facilities and immigration courts, as directed in House Report 116–101. The Committee is deeply concerned that EOIR plans to use fiscal year 2020 funds for the procurement of a web-based application that is still under de- velopment, but did not actively discuss these changes with the Committee. While the Committee understands the coronavirus pan- demic has impacted court operations and novel approaches may be necessary for continuity, it appears a portion of these specific funds may not be fully executed in fiscal year 2020 in support of the pro- gram to pursue a new operating procedure without additional de- tails on how this will impact the LOP program in future years. The Committee is concerned that plans for a web-based application will not adhere to congressional intent to expand this program to new locations and individuals. The Committee reminds EOIR that fund- ing for this program, in its ongoing, in-person format, is mandated by law, and any diversion of these funds from their intended pur- pose must be formally communicated and convincingly justified to the Committee, consistent with section 505 of this Act.

LOP Pilot.—The Committee further directs EOIR, in coordina- tion with U.S. Customs and Border Protection (CBP), to pilot the expansion of LOP to at least one CBP processing facility with an added focus on expanding this program to family units. The Com- mittee further directs EOIR, in coordination with DHS, to assess the feasibility of expanding this pilot program nationally, and to re- port findings to the Committee no later than 180 days after the conclusion of the pilot.

Board of Immigration Appeals (BIA) Pro Bono Project.—The Committee recognizes the critical work of the BIA Pro Bono Project in facilitating pro bono legal representation for indigent, vulnerable respondents whose cases are before the Board. The Committee urges the continuation of participation of pro bono firms and non- government organizations (NGOs) in the BIA Pro Bono Project to directly facilitate case screening and legal representation. EOIR shall report annually to the Committee on the number of cases re- ferred to NGOs and pro bono legal representatives, the number of EOIR Form E 26 appeals filed against pro se respondents and filed by pro se respondents and make the information publicly available.

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Immigration case quotas.—The Committee remains concerned with the performance review standards that went into effect Octo- ber 1, 2018, which require immigration judges to complete a quota of 700 case completions per year to receive a satisfactory review. Although the Committee appreciates efforts to reduce the current backlog, tying an immigration judge’s performance to case comple- tion threatens due process and affects judicial independence. Sec- tion 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.

Judicial Independence and Case Management.—All courts re- quire judges to utilize case management tools in order to ensure ef- ficient use of the court’s time and resources. The Committee is con- cerned by recent Attorney General decisions that curtail the ability of immigration judges to utilize critical docket management tools, such as continuances and terminations, that enable efficient man- agement of the court’s dockets. The Committee supports the utiliza- tion of such tools to the fullest extent practicable and reaffirms its support for the authority of immigration judges to exercise inde- pendent judgment and discretion in their case decisions. Further, the Committee supports full and fair hearings for all who come be- fore the courts but remains concerned about decisions that ulti- mately keep asylum seekers, including those seeking relief from do- mestic violence, in detention for longer periods of time.

Video teleconferencing.—The Committee is frustrated by EOIR’s response to information requested in the Explanatory Statement accompanying the fiscal year 2020 Consolidated Appropriations Act regarding the publication of its policies for determining the use and dissemination of video teleconferencing (VTC) for individual merits hearings and tent court facilities. EOIR cites multiple policies on its website, but ultimately no central guidance on VTC appears to exist, outside of an interim policy document from 2004. The growth and dependence on VTC has developed since that time and it is concerning that EOIR does not have consistent rules governing the use of video teleconferencing, nor does it appear to have standards to ensure that the procedural and substantive due process of re- spondents in immigration court are protected. The Committee di- rects EOIR, within 90 days of enactment of this Act, to develop clear and consistent rules on the use of VTC hearings, including when the use of video teleconferencing is appropriate, and to de- velop rules for utilizing VTC hearings for particularly vulnerable groups such as unaccompanied minors, individuals with medical or mental health problems, and those subject to the Migrant Protec- tion Protocols (MPP) program. The Committee also directs EOIR to provide these newly developed policies to the Committee, and to make these policies publicly available.

Rocket Dockets.—The Committee is troubled by recent reports of changes in EOIR practices that expedite case processing and place unaccompanied children in so called ‘‘rocket dockets’’’ commencing their cases through VTC within days of their arrival in the United States. This practice is a shift from former precedent, and it lacks recognition that cases involving unaccompanied children are dif- ferent than detained adults. Immigration court proceedings must be tailored to the circumstances of individual cases in order to pre- serve due process and fundamental fairness, in particular for mi- nors. The Committee is equally troubled by reports that EOIR in-

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tends to expand this expedited case processing for cases involving unaccompanied children, with little knowledge about how this proc- ess impacts children, their opportunity to find counsel, or the chal- lenges with communicating with children of varying ages.

EOIR is directed to report to the Committee no later than 30 days after enactment of this Act on the number of cases involving unaccompanied children that had a Master Calendar hearing scheduled within 30 days of their Notice to Appear (NTA), the loca- tion of these cases, including whether VTC was utilized for the hearing, whether the child had counsel, and the outcome of the pro- ceedings. Further, the Committee notes that EOIR has not commu- nicated with the Committee on this change in practice and is con- cerned that EOIR is piloting and expanding a new program that has not been explicitly authorized by Congress.

Tent Court Proceedings.—The Committee is concerned that the creation of new immigration hearing facilities, often referred to as ‘‘tent courts’’’, along the border, where judges appear via video tele- conferencing (VTC). The Committee is concerned that these new fa- cilities threaten the public nature of immigration court pro- ceedings. The Committee directs EOIR to provide a report within 60 days of the enactment of this Act that provides details on EOIR’s involvement in the creation and operation of such immigra- tion hearing facilities, as well as information detailing how EOIR schedules judges for hearings and a list of judges hearing cases in these facilities. EOIR shall also post to its website information on attorney access at those facilities, as well as policies regarding pub- lic and media access.

Migrant Protection Protocol (MPP) Statistics Publication.—With- in 60 days of enactment of this Act, and quarterly thereafter, EOIR is directed to publish on its public website: (1) the number of MPP Notices to Appear (NTA) received and completed, (2) the number of continuances or adjournments in non-MPP cases due to an immi- gration judge being reassigned to hear MPP cases, (3) the number of MPP hearings that occurred via VTC, and (4) the number of im- migration judges assigned to hear MPP cases. EOIR is also di- rected to publish the number of MPP hearings delayed as a result of the coronavirus pandemic, as well as the average length of delay. EOIR is further directed to publish all workload-related data cur- rently included on its Workload and Adjudication Statistics website page in separate MPP and non-MPP formats.

EOIR is also directed to develop a plan to begin tracking the ap- pearance rate of individuals placed into removal proceedings, bro- ken out into MPP and non-MPP cases, calculated by determining the percent of individuals who have attended all scheduled hear- ings in any given quarter, regardless of whether the hearing re- sulted in a completion. The Committee directs EOIR to report on its plans no later than 180 days after enactment of this Act.

Interpreters.—The recommendation includes the requested fund- ing increase for interpretation services. While the Committee recog- nizes that increasing numbers of respondents in immigration courts require the use of interpretation and the ballooning costs as- sociated with these interpretation services, the Committee directs EOIR to pursue cost efficient measures to ensure appropriate lan- guage access for all respondents, including indigenous language speakers, and further directs EOIR to submit a report to the Com-

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mittee, no later than 90 days after enactment of this Act, outlining steps taken to reduce costs. The Committee eagerly awaits EOIR’s quarterly reports highlighting any continuances or adjournments for reasons related to interpretation as well as EOIR’s joint report with DHS on shared interpretation resources as directed in House Report 116–101.

Legal Representation.—The Committee is concerned with the low rate of representation in immigration court, and the recommenda- tion provides $15,000,000 in State and Local Law Enforcement As- sistance for competitive grants to qualified non-profit organizations for a pilot program to increase representation.

Immigration judges.—The Committee directs EOIR to continue to hire the most qualified immigration judges and BIA members from a diverse pool of candidates to ensure the adjudication process is impartial and consistent with due process. The Committee is dis- turbed by recent reports of politicized hiring processes for immigra- tion judges. The Committee directs EOIR to continue to submit monthly reports on performance and immigration judge hiring as directed in the fiscal year 2020 Explanatory Statement and is di- rected to include additional information on the status of hiring other positions that make up the immigration judge teams such as attorneys and paralegals. Finally, the Committee is concerned about a recent Department of Justice petition sent to the Federal Labor Relations Authority requesting the decertification of the Na- tional Association of Immigration Judges. The Committee recog- nizes the importance of our nation’s immigration judges and their ability to unionize.

Immigration Efficiency.—EOIR is encouraged to collaborate with the Department of Homeland Security (DHS) to explore efficiencies with regard to the co-location of DHS and DOJ components with immigration related responsibilities, including immigration courts, DHS asylum officers, medical care practitioners, and both CBP and Immigration and Customs Enforcement (ICE) immigration officers.

Alternatives to Detention (ATD) Program.—The Committee is concerned that many individuals enrolled in ICE’s ATD program will be terminated from the program before their cases are fully re- solved. Getting timely resolution of these cases is complicated by the historic volume of pending cases on EOIR’s non-detained docket schedule. The Committee recognizes the ATD program is managed by ICE, and that EOIR currently lacks information about who is enrolled. However, the Committee also recognizes that the longer an individual remains on ATD while their case is pending before EOIR, the more expensive the ATD program is per enrollee, and the less effective the ATD program is. Prioritizing ATD enrollees’ cases as if they were on the detained docket could potentially in- crease the effectiveness of the program, lower the cost per enrollee, and support more individuals in the program overall. The Com- mittee directs EOIR, in coordination with ICE, to develop an anal- ysis of alternatives to improve the timeliness of resolving cases be- fore EOIR for individuals in the ATD program, and further to con- sider as one such alternative the classification of ATD enrollees as part of the detained docket for purposes of case prioritization. EOIR is directed to brief the Committee on their findings not later than 180 days after the date of enactment of this Act.

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Court Operations during COVID–19.—The Committee under- stands that the novel coronavirus pandemic has forced the majority of Federal Government agencies to alter their normal operating procedures, and changes to court operations is no exception. How- ever, the Committee is frustrated that EOIR relied largely on Twit- ter to communicate its operational status. Many that were travel- ling, especially from Mexico, to appear at immigration court hear- ings, did not receive the updated information that the courts were closed. Even prior to the pandemic, the Committee was troubled by reports concerning the timeliness and receipt of hearing notices, as some were undeliverable as addressed and thus returned to immi- gration courts, and attempts to change addresses with the immi- gration court were often unsuccessful due to current backlogs. As of March 31, 2020, in absentia removal orders were already on the precipice of reaching the total number for all of fiscal year 2019. The Committee is concerned that the pandemic has exacerbated an already confusing process, resulting in an exponential increase in the number of removal orders for respondents who simply did not have the information to appear in court. Therefore, the Committee directs EOIR to submit a report to the Committee, within 90 days of enactment of this Act, that details the specific steps EOIR has taken since March 2020 to accommodate respondents who have missed court appearances due to COVID–19, and steps EOIR has taken to ensure respondents have a centralized mechanism to elec- tronically file an EOIR Form–33 in order to change their address remotely with EOIR, in addition to the current use of paper filings.

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

Report language from un-enacted appropriations bills doesn’t have any legal effect. But, it does show that at least on the Democratic side, legislators are beginning to penetrate the various smoke screens that DOJ and EOIR management have used to disguise their gross mismanagement and attacks on due process and to deflect blame to the victims: primarily respondents, their attorneys including pro bono groups, and in many cases their own judges and court staff. It also shows that contrary to DOJ/EOIR propaganda, pro bono programs and Legal Orientation Programs play an essential role in due process.

Let’s be very clear. This “fix-it list” will be ignored by the scofflaw kakistocracy firmly committed to a program of unfairness to migrants, hostility to pro bono organizations, worst practices, demeaning their own employees, not serving the public, and returning asylum seekers to mayhem, torture, and death without due process. However, it is a useful “to do” list for those future judicial leaders and administrators committed to judicial independence and restoring and improving due process and fundamental fairness for all in our Immigration Courts.

Hopefully, in the future, with some needed regime change this will result in an independent Article I Immigration Court replacing the unmitigated legal and management mess that has become EOIR under DOJ control.

Due Process Forever! Clown Courts Never!

PWS

07-14-20

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

Transactional Records Access Clearinghouse

More Immigration Judges Leaving the Bench

FOR IMMEDIATE RELEASE

The latest judge-by-judge data from the Immigration Courts indicate that more judges are resigning and retiring. Turnover is the highest since records began in FY 1997 over two decades ago. These results are based on detailed records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the Freedom of Information Act (FOIA) from the Executive Office for Immigration Review (EOIR) which administers the Courts.

During FY 2019 a record number of 35 judges left the bench. This is up from the previous record set in FY 2017 when 20 judges left the bench, and 27 judges left in FY 2018.

With elevated hiring plus the record number of judges leaving the bench more cases are being heard by judges with quite limited experience as immigration judges.

Currently one of every three (32%) judges have only held their position since FY 2019. Half (48%) of the judges serving today were appointed in the last two and a half years. And nearly two-thirds (64%) were appointed since FY 2017.

While the Court is losing many of its most experienced judges, the backlog of cases continues to balloon. It is now almost three times the level when President Trump assumed office.

Update on Disappearing Immigration Court Records

Records continue to disappear in the latest data release for updated court records through the end of June 2020. The report provides the latest statement from EOIR Chief Management Officer Kate Sheehey about this matter.

To read the full report on Immigration Judges leaving the bench as well as the Sheehey statement, go to:

https://trac.syr.edu/immigration/reports/617/

TRAC’s free web query tools which track Immigration Court proceedings have also been updated through June 2020. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
https://trac.syr.edu

The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

Look folks, I’m not disputing that Susan B. Long and David Burnham of TRAC are smart people. I’m even willing to speculate that they are smarter than most of the folks still in so-called public service (that largely isn’t any more) in all three branches of our failing Government.

But, are they really that much smarter than Supreme Court Justices, Article III Federal Judges, and Legislators who have let this grotesquely unconstitutional, dysfunctional, and deadly Star Chamber masquerading as a “court system” right here on American soil unfold and continue its daily abuses right under their complicit noses? Or, do we have too many individuals in public office lacking both the human decency and moral courage to stand up against institutionalized racism, unnecessarily cruelty, corruption, and pure stupidity, all of which very clearly are prohibited by both the due process and equal protection clauses of our Constitution, not to mention the 13th and 15th Amendments. It’s not rocket science!

Enough with the Congressional and Court-enabled “Dred Scottification” of the other! That’s how we ended up with things like the “Chinese Exclusion Act” and “Jim Crow” and why we have an institutionalized racism problem now.

Instead of standing up for equal justice for all under the Constitution, the Supremes and Congress often have willingly been part of the problem — using the law knowingly and intentionally to undermine constitutionally required equal justice for all and an end to racism. And, we can see those same attitudes today, specifically in the Supremes’ ridiculously wrong, intellectually dishonest, and cowardly decisions “greenlighting” various parts of White Nationalist Stephen Miller’s bogus program of dehumanizing asylum seekers and immigrants of color. This is not acceptable performance from Justices of our highest Court!

We need better, more courageous, and more intellectually honest public officers in all three branches who are willing to stand up for individual rights, human lives, and the common good over bogus right wing legal doctrines and inhumanity cloaked in legal gobbledygook. It won’t happen overnight. But, a better America starts with throwing a totally corrupt, cruel, and maliciously incompetent President and his GOP enablers out of every public office at every level of government this November.

This November, vote like your life depends on it! Because it does!

PWS

07-14-20

🛡⚔️⚖️ROUND TABLE RIPS REGIME’S FRAUDULENT PROPOSED REGS ELIMINATING ASYLUM IN 36-PAGE COMMENTARY — “The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes.”

Knightess of the Round Table

Asylum Ban Reg Comments_July 2020_FINAL

INTRODUCTION

In their introduction, the proposed regulations misstate the Congressional intent behind our asylum laws.2 Since 1980, our nation’s asylum laws are neither an expression of foreign policy nor an assertion of the right to protect resources or citizens. It is for this reason that the notice of proposed rulemaking must cite a case from 1972 that did not address asylum at all in order to find support for its claim.

The intent of Congress in enacting the 1980 Refugee Act was to bring our country’s asylum laws into accordance with our international treaty obligations, specifically by eliminating the above- stated biases from such determinations. For the past 40 years, our laws require us to grant asylum to all who qualify regardless of foreign policy or other concerns. Furthermore, the international treaties were intentionally left broad enough in their language to allow adjudicators flexibility to provide protection in response to whatever types of harm creative persecutors might de- vise. In choosing to adopt the precise language of those treaties, Congress adopted the same flexibility. See e.g. Murray v. The Schooner Charming Betsy, 6 U.S. 64 (1804), pursuant to which national statutes should be interpreted in such a way as to not conflict with international laws.

The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes. Rather than interpret the views of Congress, the proposed rules seek to replace them in furtherance of the strongly anti-immigrant views of the administration they serve.3 And that they seek to do so in an election year, for political gain, is clear.

In attempting to stifle clear Congressional intent in service of its own political motives, the ad- ministration has proposed rules that are ultra vires to the statute.

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Read our full comment at the above link.

Special thanks to the following Round Table Team that took the lead in drafting this comment (listed alphabetically):

Judge Jeffrey Chase

Judge Bruce Einhorn

Judge Rebecca Jamil

Judge Carol King

Judge Lory Diana Rosenberg

Judge Ilyce Shugall

Due Process Forever! Crimes Against Humanity, Never!

PWS

07-14-20

🏴‍☠️TRUMP REGIME’S CRIMES AGAINST HUMANITY: IMMIGRATION SUPERSTAR LINDSAY MUIR HARRIS & ONE OF HER ASYLEE CLIENTS SPEAK OUT AGAINST MILLER’S NEO-NAZI PROPOSAL TO BAR ASYLUM! — “My husband and I may not be alive today and our daughter would have been married off as the third wife of a man in his fifties by the time she was twelve.”

https://msmagazine.com/2020/07/13/an-american-mother-on-asylum-trumps-new-rules-would-have-rewritten-my-story/

An American Mother on Asylum: Trump’s New Rules Would Have Rewritten My Story

7/13/2020 by NENE BAH and LINDSAY M. HARRIS

Asylum is not a perfect solution for families like mine, who are fleeing human rights abuses. Starting all over again in another country is not easy.

We have, at times, struggled to survive. I have worked night shifts in a factory, as a janitor for a public school system, and in retail. I have worked hard to provide for my family.

Today, I am a U.S. citizen and my children are in college. My daughter can’t make up her mind about which major to choose. Above all, we are safe from physical harm and threats to my daughter’s safety and my own that we fled in our home country.

But, if the new asylum rules proposed by the Trump administration are put into practice, others like me will not have the same protection. They will be returned to danger.

This is my story.

I fled my home country in West Africa in 2010. My husband and I had a happy life and after university I worked as a high school biology teacher.

Things became too dangerous for us to stay, however, when family and community members came after us, insisting that my young daughter be subjected to female genital cutting and early forced marriage to a much older man.

Wanting to protect my child from what I myself had endured when I was young, I decided to take a stand. My husband and I were united in our opposition to female genital cutting, which is very common in our country, especially for girls between 5 and 9 years old. Given my traumatic and painful experience and how it has affected me throughout my life, we did everything we could to protect our daughter.

This antagonized our community and families, and we both endured numerous threats, physical attacks, and beatings, in an attempt by our family to convince us to let her be cut. We lived in constant fear of my daughter being kidnapped and cut.

At one point, an extended family member who insisted that we agree to let our daughter be cut ran over my husband, causing him to suffer brain damage and severe injuries. The authorities refused to intervene in what they saw as “family matters,” and the law against female genital cutting is not enforced in my country. To protect our child, I knew we had to leave.

I had visited the United States before and knew it would be a safe place to raise our family. There was no way to apply for asylum outside the U.S., so I obtained tourist visas for us. There are no direct flights from my home country to the United States, so we stopped in North Africa for a brief layover, before arriving in the U.S.

Soon after arrival, I found a lawyer, to help me with my case: Lindsay Harris, with the Tahirih Justice Center. I was lucky to find a lawyer, but the process of applying for asylum was extremely challenging—although Lindsay spoke French, one of the languages I speak comfortably, we had to complete all of the paperwork in English. I had to re-tell my story time and time again and eventually before an asylum officer.

I realize now that I was actually lucky because I had my asylum interview in 2011, and my case was granted only six months later that same year. Now, asylum seekers often wait several years before an interview, and the U.S. government just made the waiting period longer. During those six months, I lived with the constant anxiety of being sent back to my country where my daughter would be cut and our lives were in danger.

When we were granted asylum, we were finally able to live in safety and peace. My daughter was able to focus on school and have a happy childhood.

My heart sank earlier this month when I learned that other women and girls may not have the same access to safety that we did. The Trump administration wants to make major changes to the rules for asylum law. If these rules were in effect when I sought asylum in 2011, I would not have been granted.

The more I learn about these policy changes, the more stunned and saddened I am. It’s staggering to think that under these new rules, gender-based violence would not count—as if it’s not important enough to matter.

In my country, and many countries around the world, women are subjected to specific forms of harm based on their gender: gender-specific violence. Men simply are not at risk of female genital cutting and generally not child or forced marriage.

Under the new rules, what happened between my family and community members would be considered just a “private dispute”—despite the strong evidence then and now to show that my government would not intervene in what they see as family issues, even where serious physical harm and death are involved.

Part of my asylum claim was that I was targeted because of my feminist political opinion: I believe women and girls have the right to decide what happens to their own bodies. These new rules would prevent those claims too.

It’s unbelievable that things like taking a non-direct flight, as my family did—which had nothing to do with how much we needed protection or whether or not we were telling the truth—could bar someone from being granted asylum protection. That stop, briefly, at another airport in North Africa, would have undermined our entire claim for protection. My husband and I may not be alive today and our daughter would have been married off as the third wife of a man in his fifties by the time she was twelve.

It angers me that the government wants to create all of these new bars to asylum, leaving some asylum seekers with access only to something called “withholding of removal.”

For me, this would have meant separation from my husband and children—who would not have also been granted that protection as my derivatives or who would each have to have their own asylum claim—never being able to travel outside the U.S., never being able to become a lawful permanent resident or a citizen, and continually renewing a work permit and reporting to a deportation officer on a routine basis. We would be living in limbo.

Take Action

The public can comment on the proposed rules to change asylum until July 15, 2020.

It is painful and frightening for me to speak out, but I have chosen to do so.

I want to ensure that the women who come after me, seeking protection for themselves and their daughters, will not find that the United States has closed its doors and shut its eyes to human rights abuses and persecution against women and girls.

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These proposals have been developed and promoted by neo-Nazi racist xenophobe Stephen Miller. They are totally outrageous and illegal. Many entitled to our nation’s protection have already been maimed, tortured, raped, or died as a result of our nation’s failure to stand up against this arrogant human rights abuser on our public payroll.

The humanity of every American is diminished by Miller’s White Nationalist hate agenda and the corrupt regime that employs him.

PWS

07-14-20

🏴‍☠️☠️🤮THE UGLY TRUTH BEHIND TRUMP’S COVID-19 LIES: Immigrants Don’t Spread COVID-19, But ICE Spreads It Throughout The U.S. & The World, According To a New Report From The NY Times & The Marshall Project!

🏴‍☠️☠️🤮THE UGLY TRUTH BEHIND TRUMP’S COVID-19 LIES: Immigrants Don’t Spread COVID-19, But ICE Spreads It Throughout The U.S. & The World, According To a New Report From The NY Times & The Marshall Project!

https://www.themarshallproject.org/2020/07/10/how-ice-exported-the-coronavirus

By Emily Kassie & Barbara Marcolini

This video was produced in collaboration with The New York Times.

Admild, an undocumented immigrant from Haiti, was feeling sick as he approached the deportation plane that was going to take him back to the country he had fled in fear. Two weeks before that day in May, while being held at an Immigration and Customs Enforcement detention facility in Louisiana, he had tested positive for the coronavirus — and he was still showing symptoms.

He disclosed his condition to an ICE official at the airport, who sent him to a nurse.

“She just gave me Tylenol,” said Admild, who feared reprisals if his last name was published. Not long after, he was back on the plane before landing in Port-au-Prince, one of more than 40,000 immigrants deported from the United States since March, according to ICE records.

Even as lockdowns and other measures have been taken around the world to prevent the spread of the coronavirus, ICE has continued to detain people, move them from state to state and deport them.

An investigation by The New York Times in collaboration with The Marshall Project reveals how unsafe conditions and scattershot testing helped turn ICE into a domestic and global spreader of the virus — and how pressure from the Trump administration led countries to take in sick deportees.

We spoke to more than 30 immigrant detainees who described cramped and unsanitary detention centers where social distancing was near impossible and protective gear almost nonexistent. “It was like a time bomb,” said Yudanys, a Cuban immigrant held in Louisiana.

At least four deportees interviewed by The Times, from India, Haiti, Guatemala and El Salvador, tested positive for the virus shortly after arriving from the United States.

. . . .

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Read the rest of the introduction and view the video at the link.

There is no reliable evidence that migrants and asylum seekers are a significant source of COVID-19 spread, particularly if they are properly screened, tested, and quarantined when necessary. https://www.cato.org/blog/no-mr-president-immigration-not-correlated-covid-19-united-states

On the other hand, as this report as well as numerous Federal Court actions have shown, there is powerful evidence that the “maliciously incompetent” immigration policies of the Trump regime are spreading COVID-19 in the U.S. and the world.

Consequently, Trump’s COVID-19 based immigration and asylum restrictions are a bad faith pretext for a White Nationalist, racist, xenophobic agenda. It’s a cowardly coverup for the truth that the Trump Administration threatens America’s health, not migrants and asylum seekers.

Reality is actually pretty straightforward, even if some Federal Courts and most GOP legislators pretend otherwise.

PWS

07-13-20

10 LEGAL REPAIRS FOR A POST-CLOWN 🤡 WORLD — From Jennifer Rubin @ WashPost

https://www.washingtonpost.com/opinions/2020/07/12/ten-ideas-post-trump-reform/

President Trump granting clemency to his crony Roger Stone, who served as the go-between for the Trump campaign and WikiLeaks, on practically the eve of Stone’s incarceration for multiple crimes attendant to his coverup on behalf of the president, is grotesquely corrupt but unsurprising. Stone virtually confessed to a quid pro quo, telling Howard Fineman, “He [Trump] knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t.” Silence for clemency. A separate system of justice for the president’s henchmen. This is the very definition of corruption.

“By this action, President Trump abused the powers of his office in an apparent effort to reward Roger Stone for his refusal to cooperate with investigators examining the President’s own conduct,” House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) and Oversight and Reform Committee Chairwoman Carolyn B. Maloney (D-N.Y.) said in a written statement released Friday. “No other president has exercised the clemency power for such a patently personal and self-serving purpose.”

Stone’s clemency should remind all Americans of the necessity of removing Trump at the ballot box and seeking a full accounting of Attorney General William P. Barr’s role in running interference for the president (e.g., spinning the Mueller report, turning a blind eye toward criminality in the Ukraine scandal, intervening to block Stone’s and Michael Flynn’s punishments). It should remind voters that if not for the spinelessness of every Republican senator save Utah’s Mitt Romney, Trump would not have survived impeachment to seek vengeance on witnesses (e.g., Lt. Col. Alexander Vindman), corruptly protect his friends and incompetently manage a pandemic, leading to the unnecessary deaths of tens of thousands. With the pardon of Stone, we can affirm that Maine Republican Sen. Susan Collins’s assertion that he learned his lesson from impeachment was delusional.

In 2019, The Post’s editorial board argued the president tried to manipulate the justice system, wrongdoing that Congress must not let go. (The Washington Post)

However, we will need far more than an electoral shellacking of Republicans to address the damage Trump has done to the Justice Department and the rule of law. Ten simple measures would begin to repair our justice system:

1. A thorough redo of the special counsel/independent counsel law is necessary. The counsel’s final report should be issued to Congress and/or the courts, depriving a potentially corrupt attorney general or president the opportunity to pre-edit or spin it. Additional legislation should clarify that a special counsel is empowered to make specific findings of illegality. The DOJ guidelines preventing prosecution of the president while still in office should be revisited.

2. Congress must reassert the power of the purse. The executive branch must report all holds/impounds on congressionally appropriated funds. “Emergency” powers should be reexamined, tightened and clarified to prevent the sort of unilateral misappropriation of funds we saw regarding the wall.

3. Severe criminal penalties should be exacted for revealing the identity of whistleblowers or threatening and/or punishing federal employees for providing truthful testimony.

4. A new, speedy enforcement mechanism is required for contempt of Congress citations, allowing lawmakers to get a swift and definitive resolution of its conflicts with the executive branch.

5. We need a barrier between the White House and Justice Department to prevent political interference in specific cases, targets of investigation and prosecutorial recommendations. Any such communications must be logged and made available to the inspector general and/or Congress.

. . . .

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Get the rest of the article with five more good ideas at the above link.

An essential that should have been #1 on the list: An independent Article I Immigration Court with an open, merit-based judicial selection process involving public input!

This November, vote like your life depends on it! Because it does!

PWS

07-13-20

🏴‍☠️KAKISTOCRACY UPDATE W/ CATHERINE RAMPELL @ WASHPOST: Trump’s Morally & Financially Bankrupt USCIS Stops Making Green Cards — Literally!

https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

By Catherine Rampell

July 9 at 7:30 PM ET

The Trump administration is turning legal immigrants into undocumented ones.

That is, the “show me your papers” administration has literally switched off printers needed to generate those “papers.”

Without telling Congress, the administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

. . . .

USCIS, which is funded almost entirely by fees, is undergoing a budget crisis, largely caused by financial mismanagement by political leadership. The printing disruptions are no doubt a preview of chaos to come if the agency furloughs about 70 percent of its workforce, as it has said it will do in a few weeks absent a congressional bailout.

In recent conversations with congressional staffers about cutting contracts to save money, USCIS mentioned only one contract, for a different division, that was being reduced — and made no reference to this printing contract, according to a person who took part in those discussions. The company that had this contract, Logistics Systems Inc., did not respond to emails and calls this week requesting comment.

The administration has taken other steps in recent months that curb immigration. Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another. The centers that collect necessary biometric data remain shuttered.

These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.

Under normal circumstances, immigrants who need proof of legal residency but haven’t yet received their green card would have an alternative: get a special passport stamp from USCIS. But amid covid-related changes, applicants must provide evidence of a “critical need,” with little guidance about what that means.

“The bottom line is that applicants pay huge filing fees, and it appears that these fees have apparently been either squandered through mismanagement or diverted to enforcement-focused initiatives, to the great detriment of applicants as well as the overall efficiency of the immigration process,” says Anis Saleh, an immigration attorney in Coral Gables, Fla. “The administration has accomplished its goal of shutting down legal immigration without actually changing the law.”

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Read the rest of Catherine’s article at the link.

It should come as no surprise that an agency under unqualified White Nationalist Ken “Cooch Cooch” Cuccinelli is being run into the ground and has lost its mission through misdirection and mismanagement. That’s basically Cooch’s story in a nutshell as those of us know in Virginia, where we count ourselves most fortunate not to have him as our Governor.

I have written previously about how the regime’s “malicious incompetence” has bankrupted once self-sustaining USCIS while destroying our legal immigration and asylum systems that benefit the US and individual migrants and refugees in numerous ways. I made the rather obvious point that the House Dems should not bail out this regime on USCIS, but rather require that the money be found by reprograming funds from bloated, wasteful, ineffective, and inhumane DHS enforcement programs, starting with the wall.

https://immigrationcourtside.com/2020/07/07/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%a4%ae%f0%9f%91%8ekakistocracy-korner-trumps-malicious-incompetence-bankrupts-once-profitable-immigration-age/

The solution to maliciously incompetent freeloaders like the Trump immigration kakistocracy is not to provide more bailouts as rewards for their misconduct and mismanagement.

A recent report from the American Immigration Council shows how DHS enforcement spending has bloated to over $25 billion annually at then same time the Trump kakistocracy has mismanaged USCIS into bankruptcy. https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security

And, we haven’t really gotten much return on that investment, Here’s a key quote from the AIC Report:

What has this spending bought? The United States currently has roughly 700 miles of fencing along the Southern border, record levels of staff for ICE and CBP, as well as a fleet of drones, among other resources. Some of these resources have been spent on ill-conceived projects, such as the $1 billion attempt to construct a “virtual fence” along the Southwest border, a project initiated in 2005 that was later scrapped for being ineffective and too costly. CBP announced a similar project in July 2020 to install a total of 200 “Autonomous Surveillance Towers” along remote areas of the southern border at a reported cost of several hundred million dollars.

Even with record level spending on enforcement, enforcement alone is not sufficient to address the challenges of undocumented migration. It also has significant unintended consequences; according to U.S. Border Patrol statistics, the Southwest border witnesses close to one death per day. All of these efforts that have accumulated in the name of security, however, do not necessarily measure border security properly, or make the border more secure. It is past time for the United States to turn away from costly and haphazard efforts to secure the border and instead focus on reining in the costs of border enforcement.

I argue that the regime’s focus on removing folks who were peacefully residing in the U.S. and contributing to our economy, many with U.S. citizen family members who are then left in dire straits, has actually been detrimental to America, in addition to killing the Immigration Courts.

Likewise, the shutdown of our legal refugee, asylum, and immigration systems without legislation has not only placed our nation among the ranks of human rights violators and harmed or endangered human lives, but also deprived us of individuals with a powerful history of making outsized contributions to our society and our economy.

I doubt that a rational immigration policy and system that looked at the real national interest, rather than the mythologized White Nationalist, fundamentally racist version of it, would require such a huge, yet largely counterproductive, enforcement apparatus. At a minimum, costs for civil detention and removals could be cut substantially in a better system.

Due Process Forever! More public welfare handouts for the kakistocracy, never!

PWS

07-12-20

⚖️👎🏻ADAM SERWER @ THE ATLANTIC DE-GOBBLEDYGOOKS SUPREMES: Nobody Is Above The Law, But Trump Can Evade It — All Trump Wanted From “His” Supremes Was To Avoid The Legal Process Until After The Election, & That’s Exactly What He Got From A Court Unwilling To Stand Up To A Patently Dishonest President & Gross Abuses Of Executive Authority!

https://apple.news/ARMzjBjhvTLKSg1So3tghpg

Seven Supreme Court justices ruled yesterday morning that Donald Trump is not a king.

But Trump still got what he wanted.

Since Trump announced his candidacy for president in 2015, he has vowed to release his tax returns, and has also refused to release his tax returns. After the 2018 midterms, Democrats in the House sought to subpoena financial institutions for Trump’s records, and Manhattan District Attorney Cy Vance sought Trump’s financial records for a grand-jury investigation into whether Trump broke the law when he concealed hush-money payments to hide past affairs during the 2016 election. In one opinion, Trump v. Mazars, the Court affirmed Congress’s subpoena power but sent the case back to lower courts for further litigation; in Trump v, Vance, it affirmed Vance’s authority to seek the records but sent the case back to the lower courts for further litigation.

[David A. Graham: Trump is successfully running out the clock]

In other words, what is apparently a defeat for Trump is still a victory for his presidential campaign: The public will not see the financial records that he has been promising to reveal for the past five years, and voters will remain in the dark about the president’s potential entanglements and conflicts of interest as they go to the polls for the second time.

“In our judicial system,” Chief Justice John Roberts wrote in Vance, quoting an old legal maxim, “‘the public has a right to every man’s evidence.’ Since the earliest days of the Republic, ‘every man’ has included the President of the United States.” Nevertheless, Roberts wrote, while Trump does not have absolute immunity to Vance’s subpoenas, he can continue to contest particular subpoenas individually on various grounds in the lower courts, including arguing “that compliance with a particular subpoena would impede his constitutional duties.” Vance’s grand jury may ultimately get its hands on the president’s documents, but the public will not see them anytime soon, if at all.

In Mazars, Roberts acknowledged that “the standards proposed by the President and the Solicitor General—if applied outside the context of privileged information—would risk seriously impeding Congress in carrying out its responsibilities,” but he also rebuked the House for its own argument, which would leave “essentially no limits on the congressional power to subpoena the President’s personal records.”

The exalted language of Roberts’s opinions conceals their results, which are, to paraphrase Saint Augustine: Give me oversight, and give me transparency, but not yet.

. . . .

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Read the rest of the article at the link.

Actions over words. Results over rhetoric.

There are lots of losers here: the public’s right to know, Congressional oversight, Executive accountability, ethics in Government, the rule of law, separation of powers, judicial independence, intellectual honesty, the integrity of our revenue system, ordinary taxpayers. But there’s really only one winner: Trump.

Don’t bet that a future Democratic President would get the same exemptions from timely Congressional oversight.

As for the “theoretically non-political” Supremes, you might want to ask Al Gore, disenfranchised and gerrymandered minority voters, or more recently, Wisconsin voters who risked their lives to vote in person during a pandemic about that.

PWS

07-12-20

🏴‍☠️THE PLAGUE STATES OF AMERICA: Where ☠️ Plague, Stupidity, & Inhumanity Rule, & Your U.S. Passport Is Largely Worthless (Except, If You Are A Person of Color To, Perhaps, Protect You From “Expedited Removal” By ICE & Trump’s Complicit Supremes)! — Welcome To The “Trump Hotel California!”🤮

Last thing I remember

I was running for the door

I had to find the passage back

To the place I was before

“Relax”, said the night man

“We are programmed to receive

You can check out any time you like

But you can never leave”

—— From “Hotel California” by The Eagles

Source: LyricFind

Songwriters: Glenn Lewis Frey / Don Felder / Donald Hugh Henley

Full Lyrics & Music here: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjZqsKZpcXqAhU0oXIEHaegAiQQwqsBMAp6BAgLEAQ&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvcmjDPDOk7c&usg=AOvVaw3ay3l2d6R_UlBVOg1k6Fnz

https://medium.com/@indica/the-plague-states-of-america-53b20678a80e?source=email-dafc55faa6fd-1594452458433-digest.reader——0-50——————1f52bfff_711d_4def_918f_7e9b8eddea74-1-1b0c1765_594d_4c73_8665_f93e3a786b9f—-&sectionName=top

American Passports Are Worthless Now (Map)

Oh the places you can’t go

Indi Samarajiva

Follow

America is not united anymore and it’s barely a state. They have crashed right through failed state into a plague state, unwelcome across the world. This has been predicted, including here. Now it has come to pass. Just look at the map.

Americans have gone from having access to most of the world to being banned from most of it. Today, Americans are only allowed in a few Caribbean islands and the Balkans. An American passport is now worthless. Worse than worthless, it’s a plague.

In the absence of a humane government, America is now ruled by COVID-19. Welcome to the Plague States of America.

It’s too late

<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/6800/1*EoSrvKpq71W0jTbJCKmBfw.png” width=”3400″ height=”2400″ srcSet=”https://miro.medium.com/max/552/1*EoSrvKpq71W0jTbJCKmBfw.png 276w, https://miro.medium.com/max/1104/1*EoSrvKpq71W0jTbJCKmBfw.png 552w, https://miro.medium.com/max/1280/1*EoSrvKpq71W0jTbJCKmBfw.png 640w, https://miro.medium.com/max/1400/1*EoSrvKpq71W0jTbJCKmBfw.png 700w” sizes=”700px”/>

Only America has self-inflicted a second wave

I think it is difficult for Americans to understand that they are, to use an epidemiological term, completely fucked. COVID-19 could have been managed in January, or February, or even now, but not a full year later, in January 2021. Given than you need a functioning government to manage this pandemic, that’s the soonest Americans can get one.

It’s far too late.

The most reliable projections are saying 200,000 dead and 50 million infected by election day in November. Even these projections struggle to account for completely irrational federal actions like denigrating masks, pushing to reopen early, and pushing students back into schools. This is not the absence of public health, this is its opposite.

It is, in effect, governance by COVID-19. Not a failed state. A plague state.

Even after election day, Donald Trump will still be in power for nearly 3 months, until January 20th. Besides impeaching a dead-duck President, there’s nothing America can do but wait, while COVID-19 grows ever stronger. Grows completely out of control. In a pandemic, days matter, hours matter. A year is entirely too late.

America will be lucky to exit this pandemic with less than a million dead and 100 million infected. The living will be lucky to exit their country within the next five years.

The worthless passport

<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/3200/1*dcgKqItSATd-t8a1R42Sbw.jpeg” width=”1600″ height=”1137″ srcSet=”https://miro.medium.com/max/552/1*dcgKqItSATd-t8a1R42Sbw.jpeg 276w, https://miro.medium.com/max/1104/1*dcgKqItSATd-t8a1R42Sbw.jpeg 552w, https://miro.medium.com/max/1280/1*dcgKqItSATd-t8a1R42Sbw.jpeg 640w, https://miro.medium.com/max/1400/1*dcgKqItSATd-t8a1R42Sbw.jpeg 700w” sizes=”700px”/>

Welcome to the club. Post-colonial bullshit and racism have made my Sri Lankan passport worthless for years. Now the American passport is worse. America has crashed straight through the third world into the fourth.

Here is a list, in total, of all the places Americans can go. Most of them are small Caribbean islands.

<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/3200/1*ddImUOx1j0smBVcsVeqbPg.png” width=”1600″ height=”1022″ srcSet=”https://miro.medium.com/max/552/1*ddImUOx1j0smBVcsVeqbPg.png 276w, https://miro.medium.com/max/1104/1*ddImUOx1j0smBVcsVeqbPg.png 552w, https://miro.medium.com/max/1280/1*ddImUOx1j0smBVcsVeqbPg.png 640w, https://miro.medium.com/max/1400/1*ddImUOx1j0smBVcsVeqbPg.png 700w” sizes=”700px”/>

ALL THE PLACES YOU CAN GO

1. Albania | 15. Lebanon

2. Antigua and Barbuda | 16. Maldives

3. Aruba | 17. Mexico

4. The Bahamas | 18. North Macedonia

5. Barbados | 19. St. Lucia

6. Belize | 20. St. Maarten

7. Bermuda | 21. St. Vincent &

8. Croatia | 22. Serbia

9. Dominican Republic | 23. Tanzania

10. Ecuador* | 24. Turkey

11. French Polynesia | 25. Turks &

12. Ireland* | 26. Ukraine

13. Jamaica | 27. UAE*

14. Kosovo | 28. UK*

*14 day quarantine required, not included in map.

American now have access to exactly two dozen states, four more (*) if they want to endure a 14-day quarantine on the end. Americans have gone from world power to getting the side-eye from Ecuador in a matter of months. Right now Americans are only really welcome on remote islands or at corralled resorts in Mexico, where they can be isolated from everyone else.

It’s not that other nations don’t want to welcome Americans, they just can’t. The point of a passport is that a sovereign power vouches for its bearer, but America can’t vouch for the health of their citizens at all. America’s public health regime is far less trustworthy than Liberia’s (which is actually quite good). Its sovereign is mad.

At the same time, you can’t trust Americans. Americans have poor hygiene (low masking rate) and at least 40% of the population can’t be trusted to even believe that COVID-19 exists, let alone to take it seriously. They’re likely to refuse testing, not report symptoms, break quarantine, and generally follow rules. Americans have a toxic combination of ignorance and arrogance that makes them unwelcome travelers.

They have a lot of problems, and they’re bringing those problems with them. Some of them, I assume, are good people, but it doesn’t matter. It’s a plague passport. Return to sender.

The Plague States

<img alt=”Image for post” class=”s t u hk ai” src=”https://miro.medium.com/max/4000/1*weJ8xV5Wt2kCaKGnLXj4Hg.png” width=”2000″ height=”1149″ srcSet=”https://miro.medium.com/max/552/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 276w, https://miro.medium.com/max/1104/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 552w, https://miro.medium.com/max/1280/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 640w, https://miro.medium.com/max/1400/1*weJ8xV5Wt2kCaKGnLXj4Hg.png 700w” sizes=”700px”/>

That’s the near future of the United States. An epidemic that spreads largely unchecked until next year. A population to unprotected and ignorant to be allowed anywhere else. A world that largely suppresses the virus — from Mongolia to Ghana to Trinidad & Tobago — but which has to keep America in isolation.

In the end, Trump did what he said. He built a wall around America and made the world pay for it. He just never told Americans that they’d be stuck inside. Welcome to the Plague States of America. You can check out, but you can never leave.

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

Check out the map accompanying the original article at the above link.

This November, vote like your life depends on it. Because it does!

PWS

07-11-20

🏴‍☠️TRUMP “JUSTICE” — DHS DEATH CAMP ⚰️ IN VIRGINIA — Convicted Criminal Sleezeball Roger Stone Gets Out of Jail Free, But ICE Non-Criminal Prisoners @ Farmville Face COVID-19 Detain Until Dead ☠️ (“DUD”) Policy!🤮

NBC 4 Washington reports in this video:

https://www.nbcwashington.com/news/local/covid-19-outbreak-at-ice-detention-center-in-virginia/2358116/

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

This is justice? Unhappily, it’s what passes for justice for people of color in the era of Trump.

This November, vote like your life depends on it! Because it does!

PWS

07-11-20

🇺🇸🗽👍🏼⚖️LEGENDARY IMMIGRATION LITIGATOR/GURU IRA KURZBAN CREAMS TRUMP IN 11TH CIR. — Regime Scofflaws Wrong on APA Again — But Where Are The Sanctions For DHS’s Frivolous Position? — CANAL A MEDIA HOLDING, LLC v. USCIS

Ira Kurzban ESQUIRE
Legendary American Immigration Lawyer

http://media.ca11.uscourts.gov/opinions/pub/files/201911193.pdf

CANAL A MEDIA HOLDING, LLC v. USCIS, 11th Cir., 07-09-20, published

PANEL: MARTIN and NEWSOM, Circuit Judges, and WATKINS,* District Judge.

MARTIN, Circuit Judge:

Honorable W. Keith Watkins, United States District Judge for the Middle District of Alabama, sitting by designation.

OPINION BY: Judge Martin

CONCURRING OPINION: Judge Newsom

KEY QUOTE:

Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge the decision by the United States Citizenship and Immigration Services (“USCIS”) to deny Canal A Media’s petition for a work visa for Mr. Archila. Having carefully reviewed this case, and with the benefit of oral argument, we have decided that the denial of Canal A Media’s visa petition was final agency action under the Administrative Procedure Act (“APA”). Also, we hold that 8 U.S.C. § 1252(b)(9) and (g) do not bar the Plaintiffs’ challenge to the visa petition denial. In keeping with these decisions, we reverse the District Court’s dismissal of the Plaintiffs’ claims.

JUDGE NEWSOM’S FULL CONCURRING OPINION:

I join the Court’s opinion in full. I write separately only to emphasize (what is to me, anyway) the obvious correctness of the Court’s holding that USCIS’s denial of Canal A Media’s Form I-129 visa petition constituted “final agency action” within the meaning of § 704 of the Administrative Procedure Act. See 5 U.S.C. § 704.

In determining whether agency action is “final” for APA purposes, the Supreme Court has emphasized, first and foremost, that “the action must mark the consummation of the agency’s decisionmaking process,” Bennett v. Spear, 520 U.S. 154, 177–78 (1997) (emphasis added) (quotation omitted), or, alternatively, that “the agency has completed its decisionmaking process,” Franklin v. Massachusetts, 505 U.S. 788, 797 (1992) (emphasis added). Those formulations tee up an important—and here, apparently dispositive—question: What is the relevant “agency”? It seems to me self-evident—and so far as I can tell, all agree—that the “agency” whose “decisionmaking process” we have to evaluate here is USCIS, the instrumentality of the federal government responsible for evaluating I-129 petitions. See 8 C.F.R. § 214.2(l).

The government contends here—and the district court held—that USCIS’s denial of Canal A Media’s I-129 petition didn’t constitute “final agency action” because Mr. Archila, on whose behalf Canal A Media sought the I-129, was still in

15

Case: 19-11193 Date Filed: 07/08/2020 Page: 16 of 17

the middle of removal proceedings before an immigration judge. That is triply wrong—and, it seems to me, at the most basic level(s).

First, the government asks us to agency-jump. USCIS’s decisionmaking process hasn’t run its course, the government says, because an immigration judge is still working. But USCIS and the immigration court are altogether different “agenc[ies].” Cf. 5 U.S.C. § 701(b)(1) (defining “agency” to mean “each authority of the Government of the United States, whether or not it is within or subject to review by another agency”). More than that, they are housed in altogether different departments—USCIS exists within the Department of Homeland Security,1 whereas the immigration court operates under the auspices of the Department of Justice.2 The executive branch has an architecture—granted, not always perfectly elegant, but an architecture nonetheless—and the government’s position defies it.

Second, not only are the agencies themselves different, the participants in the proceedings before them are different. The only party properly before USCIS was Canal A Media, the visa petitioner; Mr. Archila, although the petition’s intended beneficiary, was not a party to the I-129 proceedings. See 8 C.F.R.

1 See Operational and Support Components, U.S. Dep’t of Homeland Sec., https://www.dhs.gov/operational-and-support-components (last visited July 7, 2020).

2 See Executive Office for Immigration Review, U.S. Dep’t of Justice, https://www.justice.gov/eoir (last visited July 7, 2020).

16

Case: 19-11193 Date Filed: 07/08/2020 Page: 17 of 17

§ 103.2(a)(3). Conversely, in the ongoing removal proceedings before the IJ, Mr. Archila is the lone participant; Canal A Media has no right to appear.

Finally, not only are the agencies different, and the parties before them different, but their respective jurisdictions—for purposes of this case, anyway—are different, as well. While USCIS and immigration courts share jurisdiction over a limited range of issues—for instance, eligibility for Temporary Protected Status, see, e.g., Mejia Rodriguez v. U.S. Dep’t of Homeland Sec., 562 F.3d 1137, 1140 (11th Cir. 2009)—only USCIS has authority to decide Canal A Media’s I-129 visa petition, see 8 C.F.R. § 214.2(l)(1)(i); Matter of Aurelio, 19 I. & N. Dec. 458, 460 (BIA 1987). The IJ handling Mr. Archila’s removal proceedings has no jurisdiction to consider, grant, or deny Canal A Media’s petition, let alone to review USCIS’s denial.

At 30,000 feet, then, the government’s position just can’t be right. USCIS’s rejection of Canal A Media’s I-129 petition is not non-“final” simply because a different agency that is housed in a different executive-branch department and is vested with jurisdiction over different issues and is presiding over a different proceeding involving a different party hasn’t finished its different business.

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

My take:

Congrats to Ira Kurzban one of the true giants of modern U.S. immigration law (and someone with whom I did battle numerous times during my 12 years in the “Legacy INS” Office of General Counsel);
It’s hard to beat the Government on an immigration case in the normally pro-Government 11th Cir.;
The Government has consistently been losing APA cases under the Trump regime all the way up to the Supremes;
Is it really THAT hard to read the APA and comply?
Judge Newsom’s concurring opinion points out that the Government’s position in this case is misleading at best, dishonest at worst, and totally frivolous in any event.
So where are the sanctions, warnings, or rebukes of DOJ attorneys for frivolous litigation and/or lack of candor to tribunals, both of which are violations of basic ethical requirements?
Frivolous litigation has become a staple of the Trump Administration. It’s used for dilatory purposes and to wear down, discourage, and punish private parties.
What’s wrong with Federal Courts that allow this type of unprofessional and unethical conduct by DOJ litigators to continue unabated?
For the Federal Courts to treat this lawless and contemptuous gang of scofflaws and thugs known as the “Trump Administration” as “normal” when it is nothing of the sort is both a dis-service to the public and a threat to our nation’s continued existence!

Due Process Forever!

PWS

07-10-20

🎓🗽⚖️👍🏼ATTENTION NDPA: POSITIONS AVAILABLE FOR PRACTICE-ORIENTED IMMIGRATION EXPERTS & PROSPECTIVE IMMIGRATION TEACHERS — Professor Michele Pistone @ Villanova Is Recruiting Paid Adjuncts For Her Amazing VIISTA Program!

Hi Judge Schmidt,

Can you share the below with your networks:

This fall, I am launching a new online certificate program at Villanova University to train immigrant advocates. The program is aimed at people who are passionate about immigrant justice but are not interested in pursuing a law degree at the moment, such as recent college grads, people seeking an encore career, retirees, and the many who currently work with migrants and want to understand more about the immigration laws that impact them. It is also attractive to students seeking to take a gap year or two between college and law school or high school and college.

The program is offered entirely online and is asynchronous, allowing students to work at their own pace and at times that are most convenient for them. I piloted the curriculum during last academic year and the students loved it. It launches full time in August, and will subsequently be offered each semester, so students can start in August, January, and May.

I reach out to you because I am now seeking adjunct professors to help teach the course. Adjunct Professors will work with me to teach cohorts of students as they move through the 3-Module curriculum. Module 1 focuses on how to work effectively with immigrants. Module 2 is designed to teach the immigration law and policy needed for graduates to apply to become partially accredited representatives. Module 3 has more law, and a lot of trial advocacy for those who want to apply for full DOJ accreditation. Each Module is comprised of 2×7-week sessions and students report that they have worked between 10-15 hours/week on the course materials. As an adjunct professor, you will provide feedback weekly on student work product, conduct live office hours with students and work to build engagement and community among the students in your cohort. Tuition for each Module is $1270, it is $3810 for the entire 3-Module certificate program.

Here is a link to the job posting:

https://jobs.villanova.edu/postings/18505

For more information on VIISTA, here is a link, immigrantadvocate.villanova.edu

Please reach out if you have any questions.

Also, please note that scholarships are being offered through the Augustinian Defenders of the Rights of the Poor to select students who are sponsored to take VIISTA by DOJ recognized organizations. For more information on the scholarships, visit this page, https://www.rightsofthepoor.org/viista-scholarship-program

My best,

Michele Pistone

Michele

Michele R. Pistone

Professor of Law

Villanova University, Charles Widger School of Law

Director, Clinic for Asylum, Refugee & Emigrant Services (CARES)

Founder, VIISTA Villanova Interdisciplinary Immigration Studies Training for Advocates

Co-Managing Editor, Journal on Migration and Human Security

Adjunct Fellow, Clayton Christensen Institute for Disruptive Innovation

610-519-5286

@profpistone

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

What an fantastic opportunity to get teaching experience, work on a “cutting edge” program with my good friend and colleague Michele, one of the best legal minds in America, and to make a difference by improving the delivery of justice in America, while being paid a stipend!

A “perfect fit” for members of the New Due Process Army (“NDPA”).

Due Process Forever!🗽👍🏼⚖️

PWS

07-10-20

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