🇺🇸🗽🥰 AMERICA, THE LEGACY OF IMMIGRANTS: DIANE HARRISON’S THOUGHTS ON HOW TO MAXIMIZE YOUR IMPACT!

Image via Freepik
Image via Freepik

Strategies for  Immigrants Leaving a Lasting Legacy That Endures Through Generations

By Diane Harrison

Courtside Exclusive

February 14, 2024

In life’s journey, the aspiration to leave a mark that resonates through generations is a common thread that binds humanity. Immigrants, in particular, face unique challenges and opportunities in crafting legacies.

The essence of your journey, enriched by diverse cultures and experiences, offers unparalleled potential to influence the world positively. Embracing this potential requires intentional actions and decisions that reflect your deepest values and aspirations. Below, immigrationcourtside.com shares more:

Manifesting Core Principles

You hold the power to mold your legacy through the daily embodiment of your core values. Let kindness, integrity, and generosity be the guiding principles of your actions. When lived out loud, these virtues serve as beacons that inspire those around you. Consistently demonstrating these qualities becomes the foundation upon which your legacy is built, ensuring that your influence endures through time.

Safeguarding Your Story

In today’s digital age, safeguarding your history and accomplishments is crucial. Take the time to digitize important documents to protect them from physical degradation and ensure they remain accessible for generations. Converting these files into PDFs helps maintain their integrity across various platforms and means you can share them quickly and securely.

Use a straightforward drag-and-drop tool to crop and resize pages (this deserves a look). Take this essential step to preserve the narratives and achievements that define your legacy.

Cultivating Meaningful Connections

The strength and depth of your relationships reflect the essence of your legacy. Foster meaningful connections with family, friends, and community members. These bonds are the fabric of your legacy, weaving together a network of support and love that mirrors your values. Through these relationships, you create a living legacy of warmth and support that resonates well beyond your immediate circle.

Passing on Wisdom and Expertise

Your knowledge and skills are invaluable gifts that can significantly impact others. Sharing your expertise not only helps others grow but also cements your legacy as someone who contributes to the advancement of others. Whether mentoring the younger generation or volunteering your time for those in need, these acts of generosity amplify your legacy, making a lasting difference in the world.

Leading with Ethical Integrity in Business

In business, nurturing a lasting legacy involves a steadfast commitment to ethical standards. Constructing an enterprise that mirrors your core values fosters a more equitable marketplace and sets a precedent for others to emulate.

Delve into the advantages of establishing an LLC, including limited liability, tax benefits, streamlined paperwork, and heightened flexibility. Guiding the formation process and evading exorbitant legal fees through self-filing or utilizing a formation service demonstrates a dedication to prudence and resourceful decision-making.

Advocating for What Matters

Your support for causes close to your heart extends the reach of your legacy far beyond your personal sphere. Whether through financial donations, advocacy, or hands-on involvement, your engagement in these causes leaves an indelible mark. This commitment to making a difference embodies the essence of a legacy that transcends time and geography, cementing your role as a catalyst for change.

Launching Enduring Ventures

Embark on endeavors that mirror your passions and beliefs, be it through a business venture, community project, or artistic expression. These initiatives are monuments to your dedication and vision, reflecting your unique contributions to the world. Such endeavors enrich your legacy and inspire others to pursue their passions with similar fervor and commitment.

Ensuring a Lasting Foundation

Ensuring your financial and legal affairs are in order is fundamental to legacy building. Proper management of wills, trusts, and other legal documents guarantees that your assets support your loved ones and the causes you cherish, even in your absence. This foresight and planning ensure that your legacy’s impact is felt long after you departed, offering future generations support and opportunities.

Your choices and values are pivotal in building a lasting legacy. As an immigrant, your diverse experiences present a unique opportunity to shape a legacy that transcends cultures and time. By embodying your values, preserving your heritage, and making meaningful contributions, you can leave a lasting impact that inspires others for generations to come.

 

If you enjoyed this article, you can find more helpful content at immigrationcourtside.com!

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There is so much misinformation, misdirection, ignorance, and hate out there these days. Since we are indisputably “a nation of immigrants,” it’s really a bizarre form of “self loathing” promoted by the GOP and embraced by a disturbing number of our fellow citizens.

That’s why my day always gets brighter when one of these thoughtful, helpful, encouraging, informative, and well-written PSAs from my friend Diane Harrison appears in my “Courtside inbox!” As always, thanks Diane for reminding us who we are and what we can achieve if we work together to welcome, value, cherish, assimilate, and maximize the opportunities and values of human migration — the most ancient and inevitable phenomenon in human history!

🇺🇸 Due Process Forever!

PWS

02-14-24

🤯DEMS’ “MILLER LITE STRATEGY” 🤮 COULD SPELL DISASTER ☠️ IN NOVEMBER: TIME TO “REGROW SPINES” & “PUT FIGHT 🥊 OVER FLIGHT” 🐥— Beatriz Perez @ Substack With A “Spot On” Blistering Analysis On Why Dems Must Change Course & Embrace Immigrants’ Value & Their Human Rights!🗽⚖️🇺🇸

Miller Lite
“Oh no, not another delivery to the Dem Party! Time to ‘cut them off!’”

Beatriz writes in Narrative Intervention on Substack:

https://open.substack.com/pub/beatrizlopez/p/democrats-chose-flight-over-fight?r=1se78m&utm_medium=ios&utm_campaign=post

To no one’s surprise, this past week the bipartisan border bill, creatively named “The National Security Act, 2024” and introduced by an all white cast of Senators, failed to pass the chamber. Many Democratic Senators who once stood beside immigration advocates at rallies to push back against the proposal fell in line with their president and voted in favor of a flawed and dangerous bill that would fall short of mitigating migration. None but the beltway nerds and press were paying attention to C-SPAN as the proposal died, triggering Democratic political operatives to salivate over the “gotcha” vote that’ll be used against Republicans on the campaign trail.

Beatriz Lopez
Beatriz Lopez
Deputy Director
Immigration Hub
PHOTO: Immigration Hub

For many of us battle-tested, seasoned advocates, there was no true satisfaction at seeing Republicans implode or an undesirable proposal fall apart. Hanging above our heads like a Florida cockroach threatening to fly into our faces was the fact that the Biden administration, Majority Leader Chuck Schumer, Senator Chris Murphy, and Democrats who voted for the bill had officially moved the goalpost on immigration.

‘Tis a slippery slope to empower the nation’s president to shut the border down to block asylum seekers and codify measures to make it nearly impossible to claim asylum and easier and faster to deport people back to dangerous conditions while hoping a developing nation with its own set of serious problems cracks down on vulnerable children and families seeking safety and refuge. To be okay with all of this means you’ve – as Isabel Wilkerson so aptly wrote – gone through a “process, a programming” to dehumanize both the issue and those at our doors, begging for shelter and freedom.

And look I get it. I’ve heard the rhetorical, exasperated questions: what else are Democrats supposed to do when migrants keep coming to the border? When Republicans keep hammering us on the border? And Chicago and New York are struggling to manage those bussed into the cities? And in a pivotal election year, these questions carry an extra ounce of GTFO.

And to them I say – I hear you. I’m listening. I’m worried, too. But I’m not concerned about the tenacity and brilliance of local leaders and NGOs on the ground working to help newly-arrived immigrants to settle in this powerful and abundant country. Or least of all anxious over visionary funders and creative mayors and governors seeking ways to welcome new settlers into regions eager for consumers and workers. I’m not even worried about Trump and Republicans relentlessly attacking Democrats on the campaign trail – it’s nothing new.

What I am truly troubled by is Democrats choosing flight over fight.

The current conundrum that President Biden and Democrats find themselves in goes beyond the challenges of global migration. Since 2017, Democratic messaging has been devoid of pro-immigrant messaging. Were it not because of the loud cries of a toddler separated from her mother and the incredible journalistic accounting that shook the soul of America did it spring even moderate Democrats into action. But, when it came to political advertising and a constant drumbeat of both values-based immigration messaging and Republican accountability on the issue, you had to search far and wide to find solid examples. Thanks to the David Shor’s of the political class, most Democrats chose to avoid the issue, leaving a vacuum gladly filled by Stephen Miller types.

The Democratic choice to neither proudly display their position on immigration or celebrate the immigration wins has left the American people believing they’re for “open borders” or wondering where they stand on the issue and have they done anything on it? What’s worse, they consistently fail to counter their opponent’s radical, Trumpian rhetoric and anti-immigrant ideas. While racist and radical media and online influencers, such as Tucker Carlson, yell anti-immigrant obscenities and the GOP spend millions upon millions trying to convince Americans that immigrants are bad people who are trying to replace them, infiltrate their communities with drugs and crime, and steal their jobs and social security, Democrats have responded by pivoting to other kitchen table issues.

The gradual damage of this messaging to America’s psyche and perception of the other – immigrants – has created the current moment. Now, even reporters from major news outlets are asking me why and how Trump dismantled our immigration system and what actions President Biden had taken to restore the system. The first question often leaves me baffled, for how quick we forget the heinous wrongs of the past, and the second is no surprise, just sad.

It’s really disappointing that not many people, reporters included, don’t know that the Biden administration has taken over 500 actions that have had such a positive impact on women, families, children and workers in the U.S.

No Democrat should be afraid of their immigration shadow. It’s time to stop running away or running to the right of the issue. You can be sensible without spite. Until Republicans can treat the cancer that is Trump, Democrats have to go to bat for the issue with gutsy resolve, bold solutions and radical empathy. They have to be in it for the short and long game. Like investing in an index fund or supporting reproductive rights or gay marriage, it’ll pay off to tell Americans and Republicans that Democrats stand for an immigration system that lives up to our values and meets our nation’s economic demands, that we’ll secure our border with smart and humane solutions – not band-aids that create chaos and jeopardize lives – that we’ll do whatever it takes to deliver a path to citizenship for Dreamers and hard-working immigrants who have waited too long for our government to act, and that we’ll fight like hell against Trump and anyone who threatens to separate families, deport our neighbors en masse, and divide our communities.

No one is immune to mistakes or bad votes. For Democrats, this is a moment to reflect and admit you fucked up. Now do better. Yes, use the vote to hold Trump and Republicans accountable – but don’t you dare use that bill as a model for legislation or campaign rhetoric.

You can’t out-Trump Trump.

Humanize the issue. Show courage and compassion. Talk solutions. Remind voters what and who you stand for and what’s at stake if Trump and anti-immigrant Republicans have it their way. Be disciplined and keep repeating. Throw some money behind that messaging. And I promise you, you’ll win.

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Thanks, Beatriz!

This should be required reading for every Dem politico!

Case in point: A very recent Congressional Budget Office (“CBO”) study reaffirmed what those who work with migrants have always known: Directly contrary to the GOP and media myths, migrants of all types — regardless of status — are a huge source of economic growth for America. They will help fuel a $7 trillion boost in the U.S. economy over the next decade! See, e.g., https://time.com/6692645/immigration-economy-us-gdp-growth-cbo-report/.

But, you sure wouldn’t know this from the one-sided “debate” about migration going on today. The GOP spreads (and the media promotes, largely without critical analysis) blatant lies and myths about the largely fabricated and often self-created “burdens” of migration (see, Abbott, DeSantis). Yet rather than rebutting them and embracing truth, Dems basically look the other way and try to change the conversation.

This has caused them to “run away from” and “downplay” one of the Biden Administration’s most important positive achievements — functioning parole programs that move migrant flows from the “irregular” to the “regular!” Moreover, that  processing takes place in advance, outside the United States, rather than adding to the border pressure or becoming part of the overhyped asylum backlog resulting from poor performance by Administrations of both parties and Congress over decades (but hugely aggravated by the Trump kakistocracy). Even the immediate work authorization problem is solved by the advance parole programs.

Are these programs perfect? No, they are far too limited both in terms of numbers and scope of eligible nationalities. They also don’t answer questions about the long-term fate of those paroled. But, they are certainly a step in the right direction that could be built upon and “model” the case for more durable long-term legislative expansions of visa programs.

The GOP’s irrational attacks on what is working and helps our country and the world shows just how little they care about solving problems or the long-term prosperity, stability, and strength of our nation.  Yet, the largely indisputable benefits of parole and the willingness of the Administration to engage in creative and successful problem-solving gets scant mention from either the Biden campaign or Congressional Dems.

And, the media is no better. Given the current high-profile of immigration on the national scene, one might reasonably have expected “front page coverage” of the CBO report and findings, particularly since it directly contradicts many of the false claims raised by both parties during the recent failed “Senate compromise” proposal. Instead, even I had to do some “digging” to come up with articles featuring the CBO report.

Curiously, the GOP plays to the most extreme, dangerous, and unreasonable elements of its far right base.

Conversely, Dems run against the values and views of some of the most reasonable, dedicated, and energizing elements of their progressive base.

Not smart!

🇺🇸 Due Process Forever!

PWS

02-13-24

📖 BOOKS: BLITZING ⚡️ BORDER MYTHS & SACKING 🏈 SELECTIVE HISTORICAL AMNESIA — Jonathan Blitzer Takes On Generations Of Official Misconduct, Human Misery At The Border — PLUS: Here’s Your Chance To Hear From Those Migrants Whose Voices Are Ignored By U.S. Politicos & Media, Courtesy Of Immigration Law & Justice Network & The Hope Border Institute!

Jonathan Blitzer
Jonathan Blitzer
American Author & Staff Writer, The New Yorker
PHGOTO: Linkedin

Read Manuel Roig-Franzia’s WashPost review of Jonathan Blitzer’s book “Everyone Who Is Gone Is Here:”

https://www.washingtonpost.com/books/2024/02/05/everyone-gone-here-blitzer-review/

Blitzer’s villains include “[n]umerous U.S. institutions, bureaucrats, and presidents” who supported and enabled “savage governments responsible for vast numbers of people killed — many of them poor and Indigenous.” 

Blitzer has particular contempt for “one of the most ineptly titled American officials ever — the State Department’s assistant secretary for human rights, Elliott Abrams — [who] tried to suppress information about the massacre of 978 people, including 477 children, in the Salvadoran village of Mozote.” Abrams, later was convicted of misdemeanors for withholding information from Congress in connection with the Iran-Contra scandal, but was pardoned by Bush I. 

Our political bureaucracy continues to have infinite capacity for inventing intentionally misleading, mocking titles that directly contravene truth, particularly when it comes to abusing human rights. For example, the so-called “Migrant Protection Protocols” (a/k/a “Remain in Mexico”) were quite specifically intended to unlawfully reject migrants who had established a “credible fear” of persecution! The MPP resulted in numerous “publicly documented cases of rape, kidnapping, assault, and other crimes committed against individuals sent back under MPP.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjq1pmw_qWEAxUwL1kFHUbSDMIQFnoECBAQAw&url=https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols#:~:text=According%20to%20Human%20Rights%20First,individuals%20sent%20back%20under%20MPP.&usg=AOvVaw2ehZRBR_jXYoI41NZZN2DK&opi=8997844.

According to U.S. District Judge Jesus Bernal, the MPP “trapped [] asylum seekers in Mexico in dangerous conditions that impeded their ability to access the U.S. asylum system or obtain legal representation.” See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjLgaLW_6WEAxUqFmIAHb5MDlEQFnoECCYQAQ&url=https://immigrationimpact.com/2023/03/24/where-the-migrant-protection-protocols-stand-four-years/&usg=AOvVaw18vgP5kU86mgTigCBEFLNY&opi=89978449%0A%0A.

Among Blitzer’s unsung heroes are “relentless US. immigration advocates,” the late Rep. Joe Moakley (D-MA) who “grasped all the nuances of U.S.-manufactured border crises,” and of course, an “array of migrants” who bravely persevered in the face of treacherous, dishonest, ill-informed, and often deadly U.S. immigration policies intended to “break them” and destroy their humanity. That disgraceful process continues today — on steroids!

The review ends on a perhaps unexpectedly optimistic note:

And yet, after reading Blitzer’s book, one can’t help but think that the impossible might be possible — that maybe, just maybe, this could be fixed. He’s not trying to lay out a set of policy solutions. He’s making a more nuanced plea, a rejection of the “selective amnesia” of politics in favor of a deeper understanding of how we — as a nation and as a region — got here.

It is a book with a “mission,” he writes, a nudge for U.S. decision-makers and a platform for voices on the other side of the border, a “kind of go-between: to tell each side’s story to the other; to find a way to bring the Homeland Security officials into the housing-complex basement; and to allow the migrants in the basement to participate, for once, in the privileged backroom conversations that decide their fate.”

Hopefully, those with the power to change things will listen.

Manuel Roig-Franzia is a Washington Post features writer and formerly served as The Post’s bureau chief in Miami and Mexico.

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Following up on the last point — the “seldom-heard and never-heeded by our politicos and media” voices of those whose lives and humanity are threatened by our failed policies, this Thursday, Feb. 15, @ 3 PM EST, Immigration Law & Justice Network & The Hope Border Institute will present a free webinar, “Stop The War On The Border: Migrants Speak: 

pastedGraphic.png

Stop the War on the Border: Migrants Speak – Detengan la Guerra en la Frontera: Migrantes Hablan

Date & Time

Feb 15, 2024 03:00 PM in

Description

ILJ Network and our partners invite you to participate in this webinar and hear directly from migrants in the northern Mexican border and the U.S. interior on how restrictions to asylum and humanitarian parole impact their lives.

ILJ Network y compañeros de coaliciones los invita a participar en este evento virtual para escuchar directamente de migrantes, ubicados entre la parte Norte de México y el interior de los Estados Unidos, acerca de cómo dichas restricciones al derecho de asilo y de parole humanitario impactan sus vidas.

Webinar Registration

https://us02web.zoom.us/webinar/register/WN_efx1ZeUqTCmSOVCBNTRxrg#/registration?os=ipad

Information you provide when registering will be shared with the account owner and host and can be used and shared by them in accordance with their Terms and Privacy Policy.

This is very timely! Rarely do we hear from those whose lives, dignity, and safety are being bargained away and devalued as if they were “commodities” at the disposal of disingenuous politicos and interests who have turned their misery and desperation into “profit centers” and political rallying cries.

🏈🏆Finally, on another topic, congrats to Coach Andy Reid, Patrick Mahomes, Travis Kelce, the rest of the Kansas City Chiefs, and “Chiefs’ Superfan” Taylor Swift on their second consecutive Lombardi Trophy and third in five seasons.  As almost everyone in sleep-deprived America knows by now, KC outlasted the SF 49ers in yesterday’s Super Bowl ending with a thrilling overtime finish 25-22!

For everyone else, including my Green Bay Packers, it’s “wait till next season!”😎

🇺🇸 Due Process Forever!

PWS

02-12-24

👩🏾‍⚖️🙏 HON. ROSALIND K. MALLOY (1942-2024), U.S. Immigration Judge

Hon. Rosalind K. Malloy
Honorable Rosalind K.Malloy (1942-2024)
U.S. Immigration Judge
PHOTO: the obituary app.com

https://osheafuneral.com/tribute/details/6700/The-Honorable-Rosalind-Malloy/obituary.html

In Memory of The Honorable Rosalind K. Malloy 1942 – 2024

Obituary

The Honorable Rosalind K. Malloy, of Marlton, NJ, passed away on February 7, 2024, at the age of 81. Loving daughter of the late Daniel and Annie. Cherished sister of Dr. Tyrone Malloy, and predeceased by Ann, Daniel, Joyce, and Marcus. Adored by many nieces and nephews. Judge Malloy was appointed as an Immigration Judge in December 1998. Prior to her appointment to the Immigration Court in Philadelphia, Judge Malloy served as an Immigration Judge at the Immigration Court in Los Angeles from December 1998 to December 2001. She received a Bachelor of Arts degree in 1964 from Hunter College, City University of New York; a Master of Arts degree in 1971 and a Masters of Education degree in 1975, both from Teachers College, Columbia University; and a Juris Doctorate in 1979 from Rutgers University. Judge Malloy was an assistant district counsel with the former Immigration and Naturalization Service in New York from 1995 to 1998. From 1993 to 1994, she served as a hearing officer with the Georgia Department of Corrections in Atlanta, Georgia. She worked as an assistant district attorney in New York from 1984 to 1989. Previously, Judge Malloy served as a teacher/guidance counselor with the New York City Board of Education and she taught biology at John F. Kennedy High School, Bronx, NY for 15 years. She was a Peace Corps. volunteer in Nigeria for several years. Judge Malloy is a member of the New York, Pennsylvania, and Georgia Bars. Cremation Private.

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Although I ran into Judge Malloy at various events during my EOIR career, and reviewed her decisions while I was a BIA Appellate Judge, I never had the pleasure of working with her or really getting to know her on a personal level.

But, based on the outpouring of heartfelt comments from those who knew her, gathered on our “Round Table Communications Network” (“RTCN”), established and maintained by Hon. “Sir Jeffrey” Chase, she was a beloved and valued friend and colleague to all around her during her distinguished legal and judicial career. 

I think this quote from retired Judge Bruce J. Einhorn best captures the feelings of those knew her well:

Thanks for sharing. This is very sad news. I had the privilege of serving as a judge with Ros in LA. She was a fair, decisive, humane, and witty jurist, and a wonderful colleague.  May her memory be a blessing.

A moving and fitting tribute to a life of achievement well-lived in law and society. 

Rest in Peace!

🇺🇸 Due Process Forever!

PWS

02-11-24

🧐 GW LAW PROF ALBERTO BENITEZ AMONG EXPERTS REFUTING GOP FALSE CLAIM 🤥 THAT BIDEN CURRENTLY CAN “CLOSE THE BORDER!” 🚫

“NDPA Hall of Famer” GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera

 

https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2024/02/06/president-biden-authority-border-shutdown-

Reena Diamante reports for the Spectrum News El Paso:

. . . .

“A president doesn’t have the unilateral authority to shut down the border. If a president did, the prior president would have done it,” said Alberto Benitez, director of the Immigration Clinic at George Washington University Law School. “Even the prior president, who had a particular perspective on immigration, never shut down the border. There needs to be buy-in from Congress that a border shutdown is necessary, which there never has been.”

. . . .

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You can read the full article at the link.

Professor Benitez modestly quipped that this was: “My five seconds of fame on Spectrum News!”

You are always in the “NDPA Hall of Fame,” my friend!

🇺🇸Due Process Forever!

PWS

02-10-24

𝐗𝐗𝐗𝐗𝐗 “SEX & THE COURTHOUSE” 🤯 — A Tragicomic 🎭 Series Starring Judge Merrick Garland & DAG Lisa Monaco As Clueless Leaders Of A Failed Court System Where The Focus Is On Something Other Than Delivery Of Justice!

Sarah Jessica Parker
Sarah Jessica Parker will NOT be appearing in the Garland/Monaco production of “Sex And The Courthouse!”
Photo by Shawn Miller/Library of Congress. Public Domain.

Law360 (February 5, 2024, 6:23 PM EST) — The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would “make her straight” if they had sex.

By Grace Elletson

This article is “paywalled.” Those with Law360 access can get all the details.

But, the final settlement agreement is public and should give you a picture of  what’s happening inside Garland’s often-secretive and dysfunctional “courts.”

Escoto

The Plot

On January 22, 2021, two days after President Joe Biden’s inauguration, then SF Chron reporter Tal Kopan ran an extensive, well-documented expose of the widespread sexual harassment problems at EOIR, the home of the U.S. Immigration Courts at the USDOJ. The story was picked up by other publications. Also, it was highlighted in that day’s edition of “Courtside,” along with a strong suggestion for immediate action addressed to incoming AG Judge Merrick Garland and AAG Vanita Gupta (a former, now very former, “civil rights maven”), both of whom had been nominated but not yet confirmed. See  https://immigrationcourtside.com/2021/01/22/🇺🇸⚖%EF%B8%8Fnote-to-judge-garland-and-vanita-gupta-misogyny🤮-is-running-rampant-in-the-eoir-courts-soon-to-be-your/.

Tal Kopan
Tal Kopan, Deputy Washington Bureau Chief for the Boston Globe. As a reporter for the S.F. Chron in 2021, she ripped the covers off massive sexual harassment problems at EOIR.

Six months later, in apparent response to Tal’s article, Deputy AG Lisa Monaco pledged to root out sexual harassment at DOJ, formed a committee (a bureaucratic device often used for “task avoidance”), and directed it to report within six months. See https://immigrationcourtside.com/2021/07/31/⚖%EF%B8%8Ftal-sf-chron-gets-action-on-sexual-harassment-eoir-rest-of-doj-report-on-problems-in-immigration-courts-finally-spurs-positive-response-but-biden-continue/.

Lisa Monaco
Lisa Monaco, Deputy AG. In apparent response to Kopan’s expose, Monaco established a committee to look into sexual harassment at EOIR and the rest of DOJ. But, not surprisingly, the recent $1.2 million settlement with a former EOIR female staff member shows that complaints languish, resolutions are opaque, and wronged individuals have to force action by suing in Federal Court! 
Official USG Photo, Public Realm

It now appears that Monaco’s efforts at reform have been just as lackadaisical as her implementation of Biden’s Executive order on regulations improving the treatment of gender-based claims at EOIR and elsewhere in Government, and her and her boss’s disturbingly inept approach to EOIR reform generally! 

True, many of the actual incidents covered by the complaint in this case happened before Biden took office. See https://immigrationcourtside.com/2023/05/04/%F0%9F%A4%AF-former-employees-explosive-federal-court-allegations-not-everyone-in-eoir-management-focused-on-guaranteeing-fairness-due-process/. But, the plaintiff’s termination by EOIR and her filing of administrative complaints that appear to have been “brushed off” by DOJ took place in 2021 and 2022, after Garland and Monaco assumed office and well after the endemic problems with sexual harassment at EOIR were public knowledge. 

Yet, even with clear notice of the festering problems and an opportunity to address them in a way that would “change culture,” it required the institution of a Federal lawsuit by the plaintiff to obtain action and an effective remedy, almost three years after her termination.

Alfred E. Neumann
After years of overt anti-asylum bias and misogyny from Sessions and Barr, long suffering respondents, practitioners, and many EOIR employees expected a “due process/good government renaissance” under former Federal Judge and Supreme Court nominee Merrick Garland. However, despite a few improvements, Garland has “floated above” the chaos and lack of quality control that daily vex and plague those trapped in his dysfunctional, hopelessly backlogged “courts.”
PHOTO: Wikipedia Commons

It’s difficult to quantify the actual costs of EOIR mismanagement by Garland and his political lieutenants. After all, how do you put a money value on wrongful deportations, denial of constitutional rights, being subjected to substandard anti-immigrant decision making, bad precedents, “Aimless Docket Reshuffling” (“ADR”) on steroids, poorly trained judges, years stuck in limbo without the relief to which you are entitled, the effect of statistics manipulated to downplay the number of legal refugees stuck in EOIR’s hellish 3 million+ backlog, “courts” intentionally located in obscure inaccessible locations within the “New American Gulag” (“NAG”) run by DHS, and the overall “customer unfriendly” and often intentionally coercive mess to which those who practice before EOIR and those whose fate is in EOIR’s hands are subjected every working day? You can’t!

Nor is the waste of finite USG resources on chronic structural inefficiencies, boneheaded schemes to expedite dockets as “deterrents,” and ill-advised “defenses of the indefensible” in Federal Courts easy to value. But, in this case, we can quantify the cost to taxpayers of Garland’s and Monaco’s poor leadership — $1.2 million!

I wonder how many qualified accredited representatives a real problem solver and due process innovator like Professor Michele Pistone at VIISTA Villanova could train with that kind of money? 

The poor leadership of Garland on immigration matters and the lousy performance of EOIR continue to be drags on the Biden Administration and our justice system. It didn’t have to be this way!

No Longer in the Cast: Former Associate AG Vanita Gupta, who left DOJ after three years of “failing to connect the dots” among civil rights, the rule of law, and the glaring violations of human rights and due process taking place at EOIR and the rest of the immigration bureaucracy. Literally, these abuses took place right under her nose, but apparently below her radar screen!

During Gupta’s tenure, the already horrible treatment of asylum seekers and other migrants of color within EOIR and the immigration bureaucracy actually deteriorated in many ways. Gupta is a sad, yet classic, example of what routinely happens to progressives once they are invited into the “halls of power” within the Government: They get co-opted into defending the status quo and the dangerous fiction of “revolution by evolution.” See, e.g., Perry Bacon, Jr., https://www.washingtonpost.com/opinions/2024/02/06/equity-diversity-inclusion-progressivism-limits/.

Just ask neo-Nazi Stephen Miller how “revolution” really works! He spent every day of his tenure in the Trump Administration single-mindedly working to dehumanize and demonize immigrants, particularly those of color and women, and to strip them of their already overly-limited rights. He paid no attention whatsoever to criticism, naysaying, and resistance from within or without. He took every “defeat” in Federal Court as an invitation to do something even worse and more outrageous.

While Gupta, despite her lofty position and civil right creds, was unable to materially improve the situation of migrants, Miller undid decades of progress on due process, racial justice, gender justice, and good government. Much of the damage he inflicted remains imbedded in the system, at DOJ, DHS, and elsewhere, as do many of those who willingly and enthusiastically assisted him.

The contrast between Gupta’s and Miller’s accomplishments and government “legacies” is a stunning illustration of the difference between Democrats and Republicans when it comes to immigrants’ rights, human rights, and racial justice — the fundamentals of governing. Democrat “political strategists” are belatedly “wondering and wandering” what to do about an “enthusiasm gap” with their core progressive voters who put Biden and Harris in office. The answer is staring them right in the face: Results matter!

🇺🇸 Due Process Forever!

PWS

02-09-24

 

😩TIRED OF PANDERING POLITICOS BASHING HUMAN RIGHTS & DEHUMANIZING BORDER COVERAGE BY THE MEDIA? — Here’s Some Straight Talk On The Border From Migration Expert Harvard Law Professor Gerald L. Neuman! ⚖️🗽 — “There is danger that any new legislation would decrease protection, which would mean that we would be taking no steps forward, and several steps backward, and that nonetheless, issues about migration would remain just as divisive as they are now.”🤯

Professor Gerald L. Neuman
Professor Gerald L. Neuman
J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law
Harvard Law
PHOTO: Harvard Law

https://news.harvard.edu/gazette/story/2024/02/immigration-roars-back-in-headlines-time-finally-come-for-reforms/

Liz Mineo, Staff Writer, interviews Professor Neuman in The Harvard Gazette:

. . . .

What should be done about border security, enforcement, and the immigration court backlog?

In terms of enforcement, there is no easy solution. A border fence is merely a symbol and no solution. Clearly, the adjudication system needs more resources, and adjustments to improve both efficiency and fairness. For both sides, justice delayed is justice denied, and that should be an important part of the focus.

Another priority, contrary to some claims, is to reduce reliance on detention. The U.S. is engaged in arbitrary detention of migrants who really don’t need to be detained; they could be subject to surveillance.

The country should also respect its international obligations not to send people back to countries where they will be persecuted, tortured, or killed. It cannot suspend its international obligations on that front, and it should not openly violate them, as it did under COVID.

What measures should be taken to reduce the flow of migrants into the U.S?

In terms of enforcement, the important point to stress is that this is not an issue that the U.S. can solve unilaterally. There must be a regional solution. It’s obvious to anyone who looks at the logistics of the problem that the solutions depend on cooperation with Mexico. Congress can’t just impose a solution and assume that Mexico will go along with it. More broadly, there are other countries that need to be involved in protecting refugees and in solving some of the problems that lead to migration.

Some experts say the asylum system is a parallel immigration system and that it should be revamped. What’s your take on this?

I’d like to use the term asylum broadly, not legalistically, to cover forms of protection from persecution, killing, and torture. The U.S. asylum system is too opaque and too inconsistent: Valid claims may be rejected, and claims that are made in perfectly good faith may turn out to be invalid.

On the other hand, some people seek desperately to come to the U.S. for reasons that are not covered by asylum, such as poverty, loss of livelihood, or to join family members. The system needs to winnow those claims out while remaining open to valid claims for protection. It would also benefit from greater clarity on which claims are valid, and from more consistent adjudication, but now, the system is not meeting its obligations to persecuted people.

Finally, what are your realistic hopes for changes in immigration policies?

For now, my hopes would be that any new legislation would increase funding and would help give the public the sense that the border situation is being addressed.

And meanwhile that the executive would use the authority that it already has to manage the situation better, including by negotiating with other countries. The executive should resist efforts that obstruct its compliance with its obligations.

There is danger that any new legislation would decrease protection, which would mean that we would be taking no steps forward, and several steps backward, and that nonetheless, issues about migration would remain just as divisive as they are now.

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

Read the full (edited) interview at the link.

“Decrease protection” seems to be a toxic bipartisan goal of Congress and the Administration. What’s preventing it? They can’t agree on the amount of cruelty, suffering, and dehumanization to inflict on vulnerable forced migrants who overwhelmingly seek only to have the USG process their legal claims for protection in a fair and timely manner! That reality has clearly been lost in the rancid, one-sided, often secret “negotiations” in Congress; the insipid statements of the Biden Administration promising more border closures, cruel, inhuman, degrading, expensive, and wasteful detention; and treacherous “bipartisan” abrogation of well-established “life or death” legal rights to fair consideration of claims!

Professor Neuman says “this is not an issue that the U.S. can solve unilaterally.” There is general consensus among migration experts on this fundamental truth! Yet, Congress and the Administration keep pretending otherwise, with little critical, informed “pushback” from the media.

Why isn’t Kristen Welker interviewing Professor Neuman and other migration experts, rather than making “Meet the Press” a “Foxlike Forum” for those promoting White Nationalist lies about the border and national security? Welker hasn’t bothered to inform herself about the human lives and human rights involved with forced migration at the border. Therefore, her feeble attempts to stop GOP nativist politicos from rambling on with their border myths are somewhere between ineffective to pathetic, but certainly must be maddening to anyone involved with assisting the actual humans seeking protection under our dysfunctional legal system!

Remarkably, but not surprisingly, many of Professor Neuman’s points relate directly or indirectly to the failure of AG Merrick Garland (amazingly, a former Article III Circuit Judge) and his lieutenants to reform EOIR and get it working in “real time.” The ideas for fixing EOIR and the enlightened expert leadership to do it are available in the private sector. See, e.g., https://immigrationcourtside.com/2023/12/19/⚖%EF%B8%8F🤯👩🏽⚖%EF%B8%8F👨🏻⚖%EF%B8%8F-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

Garland’s inexcusable failure to fix EOIR and get it working fairly, professionally, expertly, and in real time is a drag on the Biden Administration immigration policies and an existential threat to our democracy!

Inexcusable indeed! 🤯

🇺🇸Due Process Forever!

PWS

02-08-24

 

🇺🇸⚖️🗽👏AYUDA ISSUES STATEMENT SUPPORTING HUMAN RIGHTS AT BORDER, OPPOSING “BIPARTISAN” ATTACK ON ASYLUM!

Laura Trask Director of Development & Communications AYUDA
Laura Trask
Director of Development & Communications
AYUDA

Senate Funding Deal Places the Lives of Immigrants Seeking Safety at Risk

by Alicja Johnson | Feb 5, 2024 | Ayuda news, Post

FOR IMMEDIATE RELEASE

Contact:

Laura Trask
Director of Development & Communications
media@ayuda.com

Washington, D.C. (February 5, 2024) – Yesterday, Senate negotiators released language for the supplemental funding bill that would dramatically alter the U.S. asylum system in exchange for foreign aid and humanitarian assistance.

Ayuda joins immigrant communities and advocacy organizations across the country in strongly condemning this proposal that would lead to more families separated, children detained, and asylum seekers sent back to face persecution and even death.

Amongst many of the draconian changes proposed, this legislation would create a new authority, with narrow exceptions, that would allow officials to summarily expel asylum seekers. It would also restrict screening standards for asylum seekers and expedite asylum claims to the extent that many will not be able to access counsel or adequately represent themselves.

Ayuda and our partner organizations believe there are far more effective solutions to immigration policy failures. We call on the Senate to reject this framework, disentangle humanitarian assistance from changes that would eviscerate U.S. asylum law, and recommit themselves to building compassionate and humane immigration system.

###

About Ayuda:
Ayuda provides direct legal, social, and language access services to low-income immigrants in Washington D.C., Maryland, and Virginia. Since 1973, Ayuda has served more than 150,000 immigrants throughout the region. Ayuda is the only nonprofit service provider in the area that provides a wide range of immigration and family law assistance, social services, and language access support for all immigrants – including women, men, and children – from anywhere in the world.

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FULL DISCLOSURE: I am a proud member of the AYUDA Advisory Council.

I’m pleased to be part of an organization that stands up for human rights and the right to seek asylum and opposes scofflaw proposals to “punish” legal asylum seekers for the USG’s decades-long failure to establish a fair, accessible, timely asylum screening and adjudication system as required by law.

Many thanks to Paula Fitzgerald, Laura Trask, Alicja Johnson, and the rest of the “Due Process Team” at AYUDA for issuing this statement!

As predicted by Austin Kocher, it looks like the same politicos who put together this ill-advised, anti-human-rights proposal are now going to “kill it!” See https://immigrationcourtside.com/2024/02/05/%e2%9a%96%ef%b8%8f-senate-immigration-bill%f0%9f%93%9c-austin-kocher-on-substack-dont-get-too-excited-or-upset-spend-your-limited-emotional-energy-on-something-else-because-i-don/.

🇺🇸 Due Process Forever!

PWS

02-07-24

🤡 LATEST GOP IMMIGRATION STUNT FAILS AS MAYORKAS IMPEACHMENT VOTE FALLS SHORT IN HOUSE 216-214!

Jennifer Bendery
Jennifer Bendery
Journalist
HuffPost
PHOTO: Twitter

Jennifer Bendery reports for HuffPost:

https://www.huffpost.com/entry/house-republicans-homeland-security-secretary-mayorkas-impeachment_n_65c278a0e4b0dbc806ae62c2

In a stunning blow to Republican leaders, the House rejected an effort to impeach Homeland Security Secretary Alejandro Mayorkas on Tuesday after a number of Republicans joined Democrats in opposing it.

The final vote was 214 to 216.

The vote was incredibly dramatic. It was tied 215 to 215 for several minutes, with every Democrat voting no along with three Republicans: Reps. Ken Buck (Colo.), Tom McClintock (Calif.) and Mike Gallagher (Wis.). A tied vote meant the effort would fail, so Democrats began shouting “Order!” at Speaker Mike Johnson (R-La.) to drop the gavel and end it.

Republicans were furiously prodding Gallagher to change his vote, but he wouldn’t. At the last minute, Rep. Blake Moore (R-Utah) voted no, not because he opposed the measure but because it would allow the House to bring it back up again another day. That bumped the final tally to 214-216.

Republicans appeared to be counting on one Democrat to be absent in order to squeak through the vote: Rep. Al Green of Texas. He had been out following surgery. But he showed up for Tuesday’s vote.

“I always intended to be here,” Green told reporters after the vote. “I had surgery. I’m recovering, but this was important.”

The whole effort was a political stunt, with one goal: helping Donald Trump look tough on border issues ahead of November’s presidential election. The GOP’s two articles of impeachment accused Mayorkas of “willful” refusal to comply with immigration laws, and of breaching public trust.

 

But they never produced any evidence that Mayorkas had committed crimes ― let alone crimes that meet the threshold for impeachable offenses. The Constitution spells out that impeachment is reserved for rare instances of “high crimes and misdemeanors,” like bribery or treason.

In the case of Mayorkas, a Cabinet secretary charged with carrying out immigration laws, the GOP was essentially attacking him for policies it doesn’t like.

. . . .

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

Read the full article at the link. 

Thanks to GOP Reps. Ken Buck (Colo.), Tom McClintock (Calif.), and Mike Gallagher (Wis.) for standing up for common sense and the Constitution.

The determination of MAGAMike and his crew NOT to solve problems and instead to create unnecessary chaos, while wasting time and resources, is stunning, but perhaps not surprising!

🇺🇸 Due Process Forever!

PWS

02-06-24

🎶🇺🇸 TOBY KEITH, 1961-2024, Country Music Superstar, Battled Cancer

Toby Keith
040601-N-8861F-003 Naval Support Activity Naples, Italy (Jun. 1, 2004) – Country singer Toby Keith sings at a recent United Service Organization (USO) sponsored concert held at Naval Support Activity, Naples, support site in Gricignano. Keith, joined by rock legend Ted Nugent will also be traveling to Germany, Kosovo and the Persian Gulf during the tour. U.S. Navy photo by Photographer’s Mate 2nd Class Lenny Francioni (RELEASED)

https://www.latimes.com/obituaries/story/2024-02-06/toby-keith-dies-country-music-star-stomach-cancer

Obituary by Kristen M. Hall, AP:

NORMAN, Okla. — Toby Keith, a hit country crafter of pro-American anthems who both riled up critics and was loved by millions of fans, has died. He was 62.

The “Should’ve Been a Cowboy” singer-songwriter, who was battling stomach cancer, died peacefully Monday surrounded by his family, according to a statement posted on the country singer’s website. “He fought his fight with grace and courage,” the statement said. He was diagnosed in 2022.

The 6-foot-4 singer broke out in the country boom years of the 1990s, writing songs that fans loved to hear. Over his career, he publicly clashed with other celebrities and journalists and often pushed back against record executives who wanted to smooth his rough edges.

He was known for his overt patriotism on post-9/11 songs like “Courtesy of the Red, White and Blue” and boisterous barroom tunes like “I Love This Bar” and “Red Solo Cup.” He had a powerful booming voice, a tongue-in-cheek sense of humor and a range that carried love songs as well as drinking songs.

Among his 20 No. 1 Billboard hits were “How Do You Like Me Now?!,” “As Good As I Once Was,” “My List” and “Beer for My Horses,” a duet with Willie Nelson. His influences were other working-class songwriters like Merle Haggard and he tallied more than 60 singles on the Hot Country chart over his career.

Throughout the cancer treatments, Keith continued to perform, most recently playing in Las Vegas in December. He also performed on the People’s Choice Country Awards in 2023 as he sang his song “Don’t Let the Old Man In.”

“Cancer is a roller coaster,” he told KWTV during an interview aired last month. “You just sit here and wait on it to go away. It might never go away.”

As a young man, Keith worked as a roughneck in the oil fields of Oklahoma, then played semi-pro football before launching his career as a singer.

. . . .

His later hits included “Love Me if You Can,” “She Never Cried in Front of Me” and “Red Solo Cup.” He was inducted into the Songwriters Hall of Fame in 2015.

He was honored by the performance rights organization BMI in November 2022 with the BMI Icon award, a few months after announcing his stomach cancer diagnosis.

“I always felt like the songwriting was the most important part of this whole industry,” Keith told the crowd of fellow singers and writers.

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

Read the full obit at the link.

My favorite Toby Keith lyric:

Alarm clock starts ringin’ who could that be singin’

It’s me baby, with your wake-up call.

Source: Musixmatch

Songwriters: Toby Keith / Chuck Cannon

How Do You Like Me Now?! lyrics © Tokeco Tunes, Wacissa River Music, Wacissa River Music Inc.

R.I.P.

PWS

02-07-24

📚PROFESSOR IBRIM X. KENDI: Why Black History Is So Important & Why The White Nationalists Suppress The Truth!

Professor Ibrim X. Kendi
Professor Ibrim X. Kendi
Andrew W. Mellon Professor in the Humanities
Boston University
PHOTO: Linkedin

Professor Kendi writes on LinkedIn:

To preserve slavery, enslavers claimed slavery was “positively good” and that abolitionists were making up the terror and exploitation of slavery. To preserve Jim Crow, segregationists claimed public accommodations and institutions were “separate but equal” and that civil rights activists were making up all the racial inequity and injustice. To preserve racism today, the ideological descendants of enslavers and segregationists are claiming that the U.S. is a “colorblind” society and antiracist intellectuals and activists are making up all the racial inequity and injustice. As they strive to preserve racism, we must strive to recognize and combat these repackaged ideas by deepening our understanding of history. Making this #BlackHistoryMonth all the more critical. 👊🏿

Dr. Kendi is the Andrew W. Mellon Professor in the Humanities at Boston University, and the director of the BU Center for Antiracist Research. He is a contributing writer at The Atlantic and a CBS News racial justice contributor. 

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

Lots of power and truth in five sentences. Let’s celebrate Black History Month by embracing and understanding what right wing politicos don’t want you to know about our nation, how we got to where we are today, and how we can finally achieve the long-unfulfilled promise of “equal justice for all!”

🇺🇸 Due Process Forever!

PWS

02-06-24

⚖️ SENATE IMMIGRATION BILL📜: AUSTIN KOCHER ON SUBSTACK: “Don’t get too excited or upset. Spend your limited emotional energy on something else, because I don’t think this is going anywhere.”

Austin Kocher, Ph.D.
Austin Kocher, Ph.D.
Research Assistant Professor
TRAC-Syracuse
PHOTO: Syracuse U.

https://austinkocher.substack.com/?utm_source=navbar&utm_medium=web

Immigration Bill Flops Just Hours After Released

A proposed immigration bill released to the public by a Senate committee on Sunday has already been declared “dead on arrival”.

pastedGraphic.png

AUSTIN KOCHER

FEB 4, 2024

The Senate finally released the full text of its long-awaited bipartisan immigration bill on Sunday evening.

If passed, the bill would:

  • fund military support for Ukraine and Israel while defunding UNRWA
  • establish new emergency powers that would allow the president to shut down the border
  • create a higher threshold for credible fear interviews and new asylum pathways at the US-Mexico border
  • provide a pathway to green cards for Afghan refugees in the United States
  • expands electronic monitoring and immigrant detention
  • and make a range of other changes to the immigration system—some good for migrants, some bad

It also provides more funding to immigration agencies, including:

  • $440M for IJs
  • $12M to combat smuggling
  • $7B to CBP
  • $8B to ICE
  • $4B to USCIS

I read the bill tonight twice. I am still thinking through not simply the text of the bill, but what the bill represents as a vision for immigration change. What are the values that this bill represents? How would these provisions be implemented in practice? How would we measure the effects of these various changes?

Excerpt of the Senate Immigration Bill.

But don’t feel like you need to get too into the weeds here. The likelihood that the bill will live through the night is looking slim as people from across the political spectrum fight over pillows to smother the bill in its sleep tonight.

Prominent conservatives are already up in arms over the fact that the emergency border powers don’t kick in until several thousand encounters per day. They read the text as saying that anything less than 5,000 is, therefore, “acceptable”.

Most of these talking points align closely to Donald Trump’s goal of preventing the bill from moving forward (even though is captures many classic Republican immigration goals and very few of Democrats’) so that he can run on the “immigration crisis” in the next election.

House Speaker Mike Johnson said on a certain website that Shall Not Be Named:

I’ve seen enough. This bill is even worse than we expected, and won’t come close to ending the border catastrophe the President has created. As the lead Democrat negotiator proclaimed: Under this legislation, “the border never closes.” If this bill reaches the House, it will be dead on arrival.

Prominent progressives have also rejected the viability of the bill on grounds that it eviscerates asylum. Las Americas, an immigrant rights advocacy group in El Paso, Texas, released a statement tonight that included the following bleak assessment:

“Closing the border, creating a new ‘metering’ system, and debilitating our asylum laws will do nothing to address the underlying issues that force vulnerable children and families to flee their homes, seeking safety and a better life. Although the bill contains small silver linings, they come at too high a cost. This deal will ultimately subject more families to an unsafe migratory journey. They will be forced to wait on the other side of the border for days or even weeks, which will further expose them to those who will prey upon them as they try to navigate these impossible policies.

I’ve looked for supporters and so far, the only one I can find, are the folks at the Niskanen Center who released a statement tonight praising bipartisan efforts:

We applaud the bipartisan group of Senators who have invested weeks of hard work to negotiate a border security compromise. Despite facing opposition and resistance from their parties and leaders, Senators Chris Murphy, James Lankford, and Kyrsten Sinema have continued to work towards a solution palatable to Members on both sides of the aisle while ensuring that Congress can ultimately unlock much-needed supplemental funding to aid our allies.

I’m sure we’ll see the immigration bill in the news first thing in the morning, although the coverage is likely to be mostly negative.

My suggestion is, if you read this, you’ve probably given the bill as much attention as you need to give it for now. Don’t get too excited or upset. Spend your limited emotional energy on something else, because I don’t think this is going anywhere.

To access the full text of the bill, click the link below.

Senate Immigration Bill

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Thanks, Austin! Sounds like prudent advice for conserving energy and focusing on the battle to save lives while maintaining good emotional health regardless of whether this bill or some version of it ever becomes law!

🇺🇸 Due Process Forever!

PWS

02-05-24

⚖️🗽🌟👏 🦸🏻‍♀️🎖️CONGRATS TO NDPA SUPERSTAR CAMILLE J. MACKLER ON BEING NAMED A 92ND STREET Y WOMEN inPOWER FELLOW! 

Camille J. Mackler
Camille J. Mackler
Executive Director
Immigrant ARC
PHOTO: JustSecurity

Camille writes on LinkedIn:

I’m beyond excited to be able to finally share that I was selected to be part of this year’s 92nd Street Y Women inPower fellowship!

I’m looking forward to a year of learning, connecting, mentorship (something that so many women of my generation feel they missed out on) and growing within this incredible network of current and past fellows.

🌟 Exciting Announcement: Introducing our 2024 Women inPower Fellows! 🌟

Thrilled to share the news that we are welcoming a new cohort of dynamic and accomplished individuals to our Women inPower Fellowship program this week. 

These extraordinary women embody resilience, leadership, and a commitment to driving positive change in their respective fields. Join us in extending a warm welcome to our 2024 Fellows! 🎉

See full cohort here:https://lnkd.in/ednfEiU9 and press release below

#WomenLeaders #WiP2024 #Welcome #Empowerment

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

Congrats, Camille! You show what true courage, inspiration, and leadership is all about at a time when our nation needs you and other NDPA leaders to fight for human rights, the rule of law, and humane values!

🇺🇸Due Process Forever!

PWS

02-04-23

⚖️ EOIR: WHAT WORKS, WHAT DOESN’T — Why Hasn’t Garland Fixed The Basics? 🤯

1) WHAT WORKS

NDPA “Four Star General” ⭐️⭐️⭐️⭐️ Charles Kuck reports:

My partner Danielle Claffey won yet ANOTHER Russian Asylum case the belly of the beast Atlanta Immigration Court.  THIS is why lawyers are essential in asylum cases!

Danielle says:

Earlier this week, I had the great fortune of securing asylee status for a young Muslim girl from Russia, before an Atlanta immigration judge. Though she is young and was so quiet for the last year I was handling her case, in court, she was strong, confident, and provided vivid detail of what she went through for the entire 19 years of her life in Russia before fleeing for America. After the judge formally granted her asylee status, and the government waived appeal, the judge told her she was sorry for everything she went through in her home country. When the judge granted her case, and the interpreter translated the judge’s words, it was the first time I saw my client smile, followed by a big deep breath. She has carried a lot in her 21 years, but can now rest easy and pursue all of her dreams here in the U.S.

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

Danielle M. Claffey, EsquirePartner Kuck Baxter LLC Atlanta, GA PHOTO: Kuck Baxter
Danielle M. Claffey, Esquire
Partner
Kuck Baxter LLC
Atlanta, GA
PHOTO: Kuck Baxter

Many congrats, Danielle, and thanks so much for sharing! With great representation, anything is possible, even in Atlanta!

THIS is actually the way Immigration Court could and should work on a regular basis from all involved! Teamwork for justice! Note that:

  • No appeal;
  • No petition for review;
  • No remand;
  • No “aimless docket reshuffling;”
  • No need to keep renewing work authorization;
  • Respondent feels welcomed and understood by U.S. justice system;
  • Respondent leaves courtroom on the way to a green card, eventual U.S. citizenship, and can fulfill full potential in society;
  • Models and rewards best practices and professional cooperation (by EOIR, ICE, and the private bar) in achieving “justice with efficiency;”
  • As Charles says, representation is essential; you bet; so, why hasn’t Garland worked WITH the pro bono bar, NGOs, and clinical educators to facilitate representation in every asylum case? (HINT: “Aimless Docket Reshuffling” and its derivative “Expedited Dockets” — both “Garland specialties” — are major, DOJ-created, impediments to effective representation and are particularly discouraging and problematic for pro bono representatives! 

2) WHAT DOESN’T WORK

Dan Kowalski reports for LexisNexis:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca8-on-reasoned-decision-making-davis-v-garland

http://media.ca8.uscourts.gov/opndir/24/02/223262P.pdf

“The BIA erred in affirming the IJ. The entirety of the BIA’s analysis about the motion to reopen was that Davis “has not established that evidence of his mental health issues and of his past and feared harm if returned to Liberia are new, previously unavailable, or would likely change the result in his case.” This one sentence alludes to the elements of a motion to reopen, but does not explain how they apply to Davis’s case. Neither the IJ nor the BIA met the requirements of reasoned decision-making. … Without an adequate explanation, this Court cannot conduct a meaningful review of the BIA’s September 30, 2022 order. … This Court grants Davis’s petition for review in case no. 22-3262, denies the petition for review in case no. 23-1229, and remands for further proceedings consistent with this opinion.”

[Hats off to Colleen Mary Cowgill, Joseph N. Glynn, Elaine Janet Goldenberg, Keren Hart Zwick, Zachary Scott Buckheit, Golnaz Fakhimi, David R. Fine, Kira Michele Geary, Haarika R. Reddy, Cynthia Louise Rice and Kate Thorstad!]

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

Congrats to the NDPA team from Immigration and Disability Law Scholars.

But, this is an example of how Merrick Garland’s DOJ is failing the basics of American justice! Note that:

  • Two levels of EOIR flunk “Judging 101” — badly;
  • Inappropriate “defense of the indefensible” (and easily correctable) by Garland’s DOJ (OIL) asserting semi-frivolous jurisdictional argument;
  • Wastes Court of Appeals time on something Garland could and should have corrected and prevented from reoccurring;
  • Failure to follow Circuit precedent by both EOIR and OIL;
  • Failure to apply established standards;
  • Likely use of mindless “any reason to deny boilerplate” at EOIR;
  • Generates needless motion to reconsider;
  • After four years, two IJ hearings, two administrative appeals, a motion to reopen, a motion to reconsider, a trip to the Court of Appeals, case remains unresolved;
  • Competent EOIR Judges could have reopened the case and ruled on the merits in less time and using fewer resources than trying to mindlessly avoid providing the respondent with a reasoned decision;
  • In a system with three million pending cases these types of easily avoidable, sophomoric mistakes from supposedly “expert” judges are repeated over and over again— not always caught and corrected — leading to denials of due process and fundamental fairness and promoting backlog-building “aimless docket reshuffling!”
  • What if the the wonderful team at “Immigraton and Disability Law Scholars” could devote 100% of their time to representing vulnerable individuals at merits hearings in Immigration Court rather than having to correct avoidable mistakes by EOIR and OIL?

After three years in charge of EOIR, why hasn’t Merrick Garland, a former Court of Appeals Judge nominated to the Supremes:

  • Cleaned house at EOIR;
  • Brought in new, expert, dynamic, due-process-focused leadership;
  • Institutionalized best practices (see example 1 above);
  • Attacked system-wide anti-immigrant culture, lack of quality control, and unprofessional decision-making that continues to plague this critical “retail level” of American justice (see example 2 above);
  • Fixed OIL so that it will stop undermining justice in America by raising specious arguments and defending indefensible EOIR mistakes in the Article III Courts?
Alfred E. Neumann
Merrick Garland’s “Alfred E. Neumann Approach” at EOIR: Indolent, inappropriate, ineffective!
PHOTO: Wikipedia Commons

It’s not rocket science; it doesn’t require legislation (although Garland certainly should have been publicly pushing for Article I); it just takes a laser-focused commitment to due process, fundamental fairness, best practices, and efficient delivery of justice from what continues to be America’s worst “court system!” 

Why that leadership and action isn’t coming from Garland is a question that everyone who cares about the future of American  🇺🇸⚖️ justice should be asking every day! Fix the fixable! Model the best! That’s “Good Governing 101!” 

 🇺🇸 Due Process Forever!

PWS

02-03-24

🇺🇸😎 Raising Hope: Community Efforts to Empower the Next Generation — A Timely PSA By Diane Harrison –  Courtside Exclusive!

Diane Harrison
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Raising Hope: Community Efforts to Empower the Next Generation

By Diane Harrison

Courtside Exclusive

February 2, 2024

In the evolving social landscape of our times, vulnerable children face an array of challenges that impede their growth and development. However, communities possess an extraordinary capacity to alter these trajectories through concerted efforts. This article, courtesy of immigrationcourtside.com, sheds light on the vital role community initiatives play in bolstering these children’s prospects and outlines various ways communities can extend crucial support and opportunities to them.

Fostering Growth Through Mentorship

Communities can profoundly impact the lives of vulnerable children by harnessing the power of local volunteer mentorship programs. Often hailing from similar backgrounds, these mentors provide more than just academic support; they act as beacons of hope by offering guidance and exemplifying positive life choices. Such personal interactions foster a nurturing environment, crucial for these children’s emotional and social development.

Expanding Educational Horizons

Education is a vital catalyst for change, and communities are essential in enhancing accessibility. Initiatives such as after-school programs and scholarships, notably those for online education, play a crucial role in this endeavor. These efforts spur academic growth and offer the necessary flexibility for children to balance their educational pursuits with other life aspects. Importantly, embracing a variety of educational paths opens up numerous career possibilities.

For instance, with a degree in psychology, students can gain a deeper understanding of human behavior, which is instrumental in numerous professional and personal contexts. By championing diverse educational opportunities, communities are essentially unlocking new potential and avenues for their youth, ensuring a future rich with possibilities.

Cultivating Creative and Recreational Spaces

Community-run workshops and clubs offer a sanctuary for exploration and learning. In these safe and engaging spaces, children can delve into arts, sciences, or sports, fostering both educational and recreational growth. These programs do more than just occupy children’s time; they cultivate skills, confidence, and a sense of belonging, integral to their overall development.

Uniting Through Fundraising

Fundraising is a powerful tool for communities to provide tangible support to vulnerable children. Through collective efforts in organizing fundraisers, communities gather essential resources and strengthen their communal bonds. Such events underscore the shared responsibility of community members in nurturing the younger generation, reinforcing the network of support available to them.

Creating Robust Support Networks

The establishment of support networks within communities is invaluable. These networks offer a range of resources, from basic necessities like food and clothing to educational materials and counseling services. By pooling resources and expertise, communities ensure both children and their families have access to the comprehensive support they require.

Prioritizing Health and Wellness

A child’s well-being is multi-faceted, encompassing physical, mental, and emotional health. Community-organized health and wellness initiatives address these aspects, including free medical check-ups and mental health counseling. Such initiatives demonstrate a holistic approach to child care, recognizing the importance of nurturing every aspect of a child’s health.

Enhancing Opportunities Through Scholarships

Community-funded scholarship programs embody much more than mere financial assistance; they signify a profound dedication to nurturing the aspirations of young, promising individuals. These scholarships open doors to educational opportunities for children facing challenging circumstances, playing a pivotal role in revealing and nurturing their inherent potential.

This support not only sets them on a trajectory toward success but also instills a sense of confidence and ambition. Moreover, these scholarships often inspire recipients to give back to their communities in the future, creating a cycle of empowerment and progress. Through these initiatives, communities actively invest in a brighter, more capable generation.

Strengthening Safety and Security

Ensuring the safety of children is a fundamental responsibility. Through neighborhood watch programs, safety workshops, and collaborations with local law enforcement, communities play a critical role in creating a secure environment for children. These measures protect children and provide them with the confidence and peace of mind necessary to focus on their growth and development.

The collective power of a community is a formidable force in shaping the lives of vulnerable children. Communities can empower these children through strategic initiatives in mentorship, education, creative engagement, fundraising, support networks, health and wellness, scholarship opportunities, and safety measures. Through these efforts, communities can help vulnerable children overcome adversity and pave the way for a future filled with promise and potential.

 

If you enjoyed this article, you can find more helpful content at immigrationcourtside.com!

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Thanks Diane! Hope is what keeps us going. Thanks for promoting it!

🇺🇸 Due Process Forever!

PWS

02-02-24