⚖️TAL @ SF CHRON GETS ACTION ON SEXUAL HARASSMENT @ EOIR & REST OF DOJ! — Report on Problems In Immigration Courts Finally Spurs Positive Response! — But Biden Continues To Flail Around Unnecessarily On Restoring Asylum & The Rule Of Law At Our Borders! — Where Is The Enlightened Progressive Leadership We Need?

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

https://www.sfchronicle.com/politics/article/Justice-Department-to-overhaul-its-sexual-16352255.php

WASHINGTON — The Department of Justice will examine its sexual harassment policies for potential reform, a move that comes after The Chronicle’s reporting on inappropriate behavior in the immigration courts, according to an announcement obtained by the newspaper.

The announcement went out to all department staff Thursday in an email seen by The Chronicle. In it, Deputy Attorney General Lisa Monaco wrote it was “critical to our duty as principled defenders of the law to combat sexual harassment and misconduct in our own workplace and hold offenders accountable for their actions.”

Monaco said she is forming a committee to review all sexual harassment policies of the many sub-agencies of the Justice Department and assess where they may need to be changed, as well as evaluate current training and education. Two senior officials from her office will chair the effort and include members from across the department, and she said she wanted results of the review in six months.

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Thanks, and congrats, Tal! Those with access can read the rest of Tal’s report at the link.

How very timely! I just got done posting an article about the need for better Immigration Judges. https://immigrationcourtside.com/2021/07/30/%e2%9a%96%ef%b8%8f%f0%9f%a7%91%f0%9f%8f%bd%e2%80%8d%e2%9a%96%ef%b8%8f-why-better-immigration-judges-matter-new-study-shows-that-who-your-judge-is-where-he-or-she-is-located-what-administ/

Not surprisingly, according to the research, the fairest Immigration Judges for asylum applicants and other migrants “profile” as female, with immigration experience, in the 9th Circuit, in a Dem Administration. Not exactly the Sessions, Barr, Garland (to date) judicial profile. That could have something to do with these festering problems at EOIR that haven’t been dealt with despite numerous warning signs and “alerts.”

Also, the Garland DOJ would do well to investigate and correct the effects of the virulent misogyny directed at female refugees of color by Sessions, Barr, and their toadies and furthered by EOIR policies, procedures, and precedents over the past four years. Endemic problems don’t happen by chance! 

According to the Ryo-Peacock study I posted, the “difference” that better Immigration Judges could make is over 200,000 lives potentially saved or altered for the better. That’s not exactly “chump change,” particularly when the interests of family members, employers, communities, our larger justice system, and our overall society are considered. 

It also calls into question the apparent lack of seriousness with which “Team Garland” has taken Immigration Judge appointments to date. Throwing dozens of “not the best qualified available” IJs — without any concerted recruitment or diversification efforts —  into an already broken, biased, and reeling system that deals with human lives in a cavalier manner is NOT GOOD POLICY! Particularly when the chronic problems of bad judging at EOIR had been clearly and articulately identified and many viable action plans and reform programs had been set forth by private sector experts even before the 2020 election.

EOIR needs new progressive leadership, a new progressive expert BIA that will truly be the “Supreme Court” of immigration and human rights, and better qualified and more diverse Immigration Judges who finally will implement the noble and correct vision of “through teamwork and innovation, being the world’s best tribunals guaranteeing fairness and due process for all!” That would include treating all individuals coming before the courts, staff, and colleagues with dignity, respect, and fairness.

Sadly, the Biden Administration’s immigration policies, whatever they are on any particular day and place, seem to be mired in confusion, questionable competence, and a barrage of largely meaningless and confusing bureaucratic doublespeak. Meanwhile, in reality, it appears that Central Americans, Haitians, and others are being returned to danger zones without any process in place to insure fair treatment. Certainly, “Title 42” is the equivalent of no process whatsoever. While “expedited removal” might have the potential to be used fairly, there is little reason to believe that it is now being fairly and professionally administered by anyone committed to fundamental fairness over expedient enforcement.

Yes, Garland has sued racist moron Gov. Greg Abbott on his illegal Trumpist grandstanding (like Texas doesn’t have real problems to solve?). Stunts like Abbott’s were entirely predictable. However, if the Biden Administration had “hit the ground running” on asylum, the issue might well have been put to bed by now, and Abbott might have to focus instead on his normal job of mis-governing Texas, rather than focusing attention elsewhere.

The Administration could and should have had a robust refugee system up and running in the Northern Triangle that would reduce border pressure, a functioning asylum system that would encourage asylum applicants to apply at ports of entry rather than seeking irregular entry, a professional screening program in place at DHS, and a relatively “backlog free” Immigration Court, led by a progressive BIA, providing positive guidance on cases that could be granted. They would also have resettlement agreements and programs in place with NGOs and legal service groups to appropriately represent and resettle those granted asylum and those in the process to the locations where they could best reside. 

Fair, expert, courageous leadership, leadership with a humane, positive, practical vision of immigration and an unswerving commitment to fairly granting asylum, is critical to success on immigration, human rights, and racial justice issues. So far, nobody in the Biden Administration appears to fit the bill! That’s probably why the Administration’s confused and ever-vacillating policies are being blasted by both progressives and reactionaries — the worst of all political worlds, as I have observed before!

There are experts out here in the private sector with the vision and leadership ability to solve these problems while putting White Nationalist restrictionists like Abbott in their place. Even though it’s late, the Biden Administration still needs to get a better team in place and let them solve the problems with knowledge, competence, and compassion, not more “knee-jerk reactions” and continuations of the cruel, inhumane, counterproductive, and often illegal policies and practices of the Trump regime.

🇺🇸Due Process Forever!

PWS

07-31-21